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<table><col/><col/><col/><tbody><tr><td><img/></td><td><p>Official Journal<br/>of the European Union</p></td><td><p>EN</p><p>Series L</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2024/613</p></td><td><p>7.3.2024</p></td></tr></tbody></table> COMMISSION RECOMMENDATION (EU) 2024/613 of 18 December 2023 on the draft updated integrated national energy and climate plan of Lithuania covering the period 2021-2030 and on the consistency of Lithuania’s measures with the Union’s climate-neutrality objective and with ensuring progress on adaptation (Only the Lithuanian text is authentic) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof, Having regard to Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council ( 1 ) , and in particular Article 9(2), and Article 14(6), thereof, Having regard to Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 ( 2 ) , and in particular Article 7(2) thereof, Whereas: Recommendations on Lithuania’s draft updated integrated National Energy and Climate Plan (NECP) covering the period 2021-2030 <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Lithuania submitted its draft updated integrated national energy and climate plan on 28&#160;June 2023.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Article&#160;3 and Annex&#160;I to Regulation (EU)&#160;2018/1999 (&#8216;the Governance Regulation&#8217;) lay down the elements that are to be included in the updated integrated national energy and climate plans. In December 2022, the Commission adopted the Guidance to Member States on the process and scope of preparing the draft and final updated national energy and climate plans&#160;<a>(<span>3</span>)</a>. The Guidance identified good practices and outlined the implications of recent policy, legal and geopolitical developments in energy and climate policies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>In connection with the REPowerEU plan&#160;<a>(<span>4</span>)</a>, and as part of the 2022 and&#160;2023 European Semester cycles, the Commission has put a strong focus on Member States&#8217; energy and climate related reforms and investment needs to strengthen energy security and affordability by accelerating the green and fair transition. This is reflected in the 2022 and&#160;2023 Country Reports for Lithuania&#160;<a>(<span>5</span>)</a> and the Council Recommendations to Lithuania&#160;<a>(<span>6</span>)</a>. Member States should take into account the latest country-specific recommendations in their final updated integrated national energy and climate plans.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The Commission&#8217;s recommendations with regard to the delivery of national targets under the Effort Sharing Regulation&#160;<a>(<span>7</span>)</a> (ESR) are based on the likelihood that the Member States will respect the 2030 targets, taking into account the rules for the use of flexibilities under the ESR.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The Commission&#8217;s recommendations regarding Carbon Capture, Utilisation and Storage (CCUS) aim at having an overview of the intended deployment of these technologies at national level, including information about annual volumes of CO<span>2</span> planned to be captured by 2030, split by source of CO<span>2</span> captured coming from installations covered by Directive&#160;2003/87/EC of the European Parliament and of the Council&#160;<a>(<span>8</span>)</a> or from other sources, such as biogenic sources or direct air capture; about planned CO<span>2</span> transport infrastructure; and about potential domestic CO<span>2</span> storage capacity and injection volumes of CO<span>2</span> planned to be available in&#160;2030.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The Commission&#8217;s recommendations regarding the performance under Regulation (EU)&#160;2018/841 of the European Parliament and of the Council (Land Use, Land Use Change and Forestry Regulation &#8211; &#8216;LULUCF Regulation&#8217;)&#160;<a>(<span>9</span>)</a> address the delivery by the Member State on the &#8216;no debit&#8217; rule for the period 2021-2025 (Period 1) and its national target for the period 2026-2030 (Period 2), taking into account the rules governing the use of flexibilities as set out in that Regulation. The Commission&#8217;s recommendations also take into account that in Period 1 any excess in emissions under the LULUCF Regulation will automatically be transferred to the ESR.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>For climate adaptation to properly support the achievement of energy and climate mitigation objectives, it is essential to identify the potential climate change hazards and analyse climate vulnerabilities and risks that may affect relevant areas, populations and sectors. The Commission&#8217;s recommendations on adaptation consider the extent to which Lithuania integrated in its updated NECP adaptation goals that account for climate risks, that could prevent Lithuania from meeting the objectives and targets of the Energy Union. Without specific adaptation policies and measures, planned and implemented, the achievement of objectives in Energy Union dimensions is at risk. Water management in changing climatic conditions requires particular attention due to risks of electricity disruption as floods, heat and drought impact the energy production.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The Commission&#8217;s recommendations regarding renewable energy ambition are based on the formula set out in Annex&#160;II to Regulation (EU)&#160;2018/1999, which is based on objective criteria; and on the main policies and measures missing in Lithuania&#8217;s draft updated NECP to enable a timely and cost-effective achievement of Lithuania&#8217;s national contribution to the Union&#8217;s binding renewable energy target of at least 42,5&#160;% in&#160;2030, with the collective endeavour to increase it to 45&#160;% pursuant to Directive (EU)&#160;2018/2001 of the European Parliament and of the Council&#160;<a>(<span>10</span>)</a> as regards the promotion of energy from renewable sources. The Commission&#8217;s recommendations are also based on Lithuania&#8217;s contribution to the specific targets of Articles&#160;15a, 22a, 23, 24 and&#160;25 of that Directive and the related policies and measures to rapidly transpose it and implement it. The recommendations reflect the importance of developing comprehensive long-term planning for the deployment of renewable energy, and in particular wind, to increase visibility for the European manufacturing industry and grid operators in line with the European Wind Power Package&#160;<a>(<span>11</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The Commission&#8217;s recommendations regarding the national contribution to energy efficiency are based on Article&#160;4 of the Directive (EU)&#160;2023/1791 on energy efficiency&#160;<a>(<span>12</span>)</a>; and the formula in Annex&#160;I to that Directive, and the related policies and measures to implement it.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The Commission&#8217;s recommendations pay particular attention to the targets, objectives and contributions and related policies and measures to deliver on the REPowerEU plan in order to rapidly phase out dependence from Russian fossil fuels. They take into account lessons learnt from the implementation of the Save gas for a Safe winter Package&#160;<a>(<span>13</span>)</a>. The recommendations reflect the imperative to make the energy system more resilient in light of the obligations stemming from Regulation (EU)&#160;2019/941 of the European Parliament and of the Council&#160;<a>(<span>14</span>)</a> on risk preparedness in the electricity sector and Regulation (EU)&#160;2017/1938 of the European Parliament and of the Council&#160;<a>(<span>15</span>)</a> on the security of gas supply, and in line with the Commission Recommendation on energy storage&#160;<a>(<span>16</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>The Commission&#8217;s recommendations take into account the need to accelerate the integration of the internal energy market to strengthen the role of flexibility and empower and protect consumers. The Commission&#8217;s recommendations also consider the importance of assessing the number of households in energy poverty in line with the requirements of Article&#160;3 of Regulation (EU)&#160;2018/1999, and the Commission Recommendation (EU)&#160;2023/2407&#160;<a>(<span>17</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>The Commission&#8217;s recommendations reflect the importance of ensuring sufficient investments in clean energy research and innovation to boost their development and manufacturing capacities, including appropriate policies and measures for energy intensive industries and other businesses; and the need to upskill workforce for a net-zero industry in order to consolidate a strong, competitive and clean economy within the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The Commission&#8217;s recommendations build on the commitments taken under the Paris Agreement to phase down the use of fossil fuels as well as on the importance of phasing out fossil fuel subsidies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>The Commission&#8217;s recommendations on investment needs follows its assessment of whether the draft updated plan provides a general overview of investment needs to achieve the objectives, targets and contributions for all dimensions of the Energy Union; indicates the sources of financing, distinguishing private and public sources; outlines investments consistent with Lithuania&#8217;s Recovery and Resilience Plan, Lithuania&#8217;s Territorial Just Transition Plan and the 2022-2023 country-specific recommendations issued under the European Semester; and includes a robust macroeconomic assessment of planned policies and measures. The NECP should ensure the transparency and predictability of national policies and measures, to support investment certainty.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>The Commission&#8217;s recommendations reflect the crucial importance of a wide regional consultation, and of ensuring early and inclusive consultation on the plan, including effective public participation with sufficient information and timeframe, in line with the Aarhus Convention&#160;<a>(<span>18</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>The Commission&#8217;s recommendations on just transition reflect the assessment of whether Lithuania&#8217;s plan identifies in sufficient depth the relevant social, employment and skills impacts of the climate and energy transition and outlines adequate accompanying policies and measures to promote a just transition, while contributing to the promotion of both human rights and gender equality.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>The Commission&#8217;s recommendations to Lithuania are underpinned by the assessment of its draft updated NECP&#160;<a>(<span>19</span>)</a>, which is published alongside this Recommendation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>Lithuania should take due account of the present recommendations when developing its final updated integrated NECP to be submitted by 30&#160;June 2024.</p></td></tr></tbody></table> Recommendations on the consistency with the Union’s climate-neutrality objective and with ensuring progress on adaptation <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>Pursuant to Regulation (EU)&#160;2021/1119 (the European Climate Law), the Commission is required to assess the consistency of national measures with the climate-neutrality objective and with ensuring progress on adaptation. The Commission assessed the consistency of Lithuania&#8217;s measures with these objectives&#160;<a>(<span>20</span>)</a>. The below recommendations are based on that assessment. Lithuania should take due account of the present recommendations and follow up on them in accordance with the European Climate Law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>Various EU funding instruments can be mobilised to fund adaptation. Climate resilience considerations should be put in the forefront when Member States design their national plans under the relevant EU funds. None of the spending should do harm to adaptation: that is, increase vulnerabilities either for the beneficiaries or for others.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>The local level has competences which can impact climate resilience more broadly. The preparation and implementation of sub-national adaptation policies is of significant importance.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>Nature-based solutions offer efficient and cost-effective adaptation and mitigation options, if their deployment is incentivised through strategic frameworks, policy and funding. They can be implemented independently or integrated in other adaptation and mitigation measures, combined with more technological or infrastructure-based solutions. Implementation needs to consider the complexity of ecosystems and the projected effects of climate change, the local context, linked interests and values, as well as socioeconomic conditions.</p></td></tr></tbody></table> HEREBY RECOMMENDS THAT LITHUANIA TAKES ACTION TO: CONCERNING THE DRAFT UPDATED NATIONAL ENERGY AND CLIMATE PLAN UNDER REGULATION (EU) 2018/1999 <table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>Set out cost-efficient additional policies and measures to bridge the gap of 0.1 percentage points to meet the national greenhouse gas target of -21&#160;% in&#160;2030 compared to 2005 levels under the ESR and if necessary, specify how flexibilities available under the ESR will be used to ensure compliance. Complement the information on the policies and measures, clearly spelling out their scope, timeline and, where possible, expected greenhouse gas reduction impact, including for measures in Union funding programmes such as the common agricultural policy.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>Identify the amount of CO<span>2</span> emissions that could be captured annually by 2030, including the source. Provide details on how the captured CO<span>2</span> will be transported. Identify the overall CO<span>2</span> storage capacity and injection volumes available by 2030.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>Include additional measures in the LULUCF sector, detailing their timing and scope and quantifying their expected impacts to ensure that greenhouse gas removals are effectively aligned with the 2030 EU net removal target of -310 MtCO<span>2</span>eq and with the country specific net removal target of -661 ktCO<span>2</span>eq defined in Regulation (EU)&#160;2018/841. Provide clear information on how public funds (both Union funds, including the common agricultural policy, and State aid) and private financing through carbon farming schemes are consistently and effectively used to achieve the net removal national target. Provide information on the status and progress to be made in ensuring the enhancements to higher tier levels/geographically explicit datasets for monitoring, reporting and verification, in line with Part 3 of Annex&#160;V to Regulation (EU)&#160;2018/1999.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>Provide additional analysis on the relevant climate vulnerabilities and risks regarding the achievement of the national objectives, targets, and contributions and the policies and measures in the different dimensions of the Energy Union. Better outline and quantify the link to the specific Energy Union objectives and policies that adaptation policies and measures should support. Set out additional adaptation policies and measures in sufficient detail to support Lithuania's achievement of national objectives, targets and contributions under the Energy Union.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>5.</p></td><td><span>Provide estimated trajectories and a long-term plan for the deployment of renewable energy technologies over the next 10 years, with an outlook to 2040. Include an indicative target for innovative renewable energy technologies by 2030 in line with Directive (EU)&#160;2018/2001 as amended. Include specific targets to contribute to the indicative sub-targets in buildings and industry for 2030. Confirm that the projections included in the plan constitute the binding target in heating and cooling for 2021-2025 and&#160;2026-2030. Specify which target Lithuania intends to achieve in the transport sector through the obligation on fuel suppliers, including by means of a sub-target for advanced biofuels and renewable fuels of non-biological origin (RFNBOs), making sure the minimum level of RFNBO in&#160;2030 is observed. Confirm the binding level for RFNBOs in in industry in&#160;2030.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>6.</p></td><td><span>Include detailed and quantified policies and measures in a way that enables a timely and cost-effective achievement of its national contribution to the Union&#8217;s binding renewable energy target of at least 42,5&#160;% in&#160;2030, with the collective endeavour to increase it to 45&#160;%. Describe, n particular, the renewable energy technologies for which it plans to designate &#8216;renewables acceleration areas&#8217; with faster and simpler procedures. Describe further measures on ensuring an enabling framework for increasing integration between electricity and heating and cooling networks. Describe how the design of the obligation on fuel suppliers in the transport sector will be covered and include comparable measures for promoting hydrogen in industry and prepare the EU for renewable hydrogen trade.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>7.</p></td><td><span>Include projections on bioenergy demand and supply per sector and provide data for imports and the source of forest biomass used for energy. Include an assessment of the domestic supply of forest biomass for energy purposes in&#160;2021-2030 in accordance with the strengthened sustainability criteria of Article&#160;29 of Directive (EU)&#160;2018/2001 as amended, and an assessment of the compatibility of the projected use of forest biomass for energy production with Lithuania&#8217;s obligations under the revised LULUCF Regulation, particularly for 2026-2030, together with national measures and policies to ensure such compatibility. Include further measures to promote the sustainable production of biomethane, given Lithuania&#8217;s sustainable&#160;biogas/biomethane potential and production, profile of natural gas consumption and existing infrastructure, digestate use and biogenic CO<span>2</span> applications.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>8.</p></td><td><span>Provide to the extent possible an expected timeline of the steps leading to the adoption of legislative and non-legislative policies and measures aimed at transposing and implementing the provisions of Directive (EU)&#160;2018/2001 as amended, in particular for the measures mentioned in the previous points.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>9.</p></td><td><span>Set out complete policies and measures to achieve the national contributions on energy efficiency and in particular details on the role of the National Energy Efficiency Fund, as defined in Article&#160;30 of Directive (EU)&#160;2023/1791 in helping to deliver the energy efficiency national contributions to the EU target, including the use of financial instruments within the fund.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>10.</p></td><td><span>Include updated ambition level to ensure a highly energy efficient and decarbonised national building stock and to transform existing buildings into zero-emission buildings by 2050 Include intermediate milestones for 2030 and&#160;2040, and a comparison with the most recent long-term renovation strategy. Ensure consistency on the expected increase in household final energy consumption and of energy savings estimates for buildings in the plan.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>11.</p></td><td><span>Strengthen the resilience of the energy system, in particular by setting an objective for energy storage deployment. Further explain how Lithuania intends to continue encouraging gas demand reduction towards 2030. Assess the adequacy of the oil infrastructure (refinery, oil stocks) with the expected decline in oil demand and the move toward lower-carbon alternatives.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>12.</p></td><td><span>Put forward clear objectives and targets for demand response to improve the flexibility of the system in light of an assessment of the flexibility needs. Describe specific measures to facilitate energy system integration in connection with Article&#160;20a of Directive (EU)&#160;2018/2001 as amended by Directive (EU)&#160;2023/2413. Specify how Lithuania will develop more competitive retail markets and increase the level of consumer empowerment in the retail market.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>13.</p></td><td><span>Update the assessment of the situation regarding energy poverty and the targets for reducing energy poverty as required by Regulation (EU)&#160;2018/1999 and taking account of Recommendation (EU)&#160;2023/2407.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>14.</p></td><td><span>Further clarify national objectives in research, innovation and competitiveness to deploy clean technologies, establishing a pathway for 2030 and&#160;2050, with a view to support the decarbonisation of industry and the transition of businesses towards a net zero and circular economy. Put forward policies and measures to promote the development of net-zero projects including those relevant for the energy intensive industries. Describe a predictable and simplified regulatory framework for permitting procedures and how access to national funding will be simplified where needed. Provide detailed policies and measures for the development of clean energy-related skills, and to facilitate open trade for resilient and sustainable supply chains of key net-zero components and equipment.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>15.</p></td><td><span>Specify the reforms and measures to mobilise the private investments needed to achieve the energy and climate targets. Improve and extend the analysis of investment needs, to include a comprehensive and consistent overview of the public and private investment needs in aggregate and by sector. Complement a top-down economy-wide approach with a bottom-up project specific assessment. Include a breakdown of total investment needs with additional information on the national, regional and Union funding sources, as well as private financial sources to be mobilised. Add a short description of the type of financial support scheme chosen to implement the policies and measures which are financed through the public budget and the use of blended financial instruments making use of grants, loans, technical assistance and public guarantees, including role of national promotional banks in the respective schemes&#160;and/or how private financing is mobilised. Consider the cost-effective generation of transfers to other Member States under the ESR as a funding source. Provide a robust assessment of the macroeconomic impact of the planned policies and measures.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>16.</p></td><td><span>Outline how the policies and measures included in the updated plan are consistent with Lithuania&#8217;s national recovery and resilience plan and the REPowerEU chapter.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>17.</p></td><td><span>Explain in more detail how and by when Lithuania intends to phase out remaining fossil fuel subsidies.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>18.</p></td><td><span>Provide more detailed information on the social, employment and skills consequences, or any other distributional impacts, of the climate and energy transition, and on the planned objectives, policies and measures to support a just transition. Specify the form of support, the impact of the initiatives, the target groups and the resources dedicated, taking into account the Council Recommendation on ensuring a fair transition towards climate neutrality&#160;<a>(<span>21</span>)</a>. Include, to the extent possible, more elements to provide an adequate analytical basis for the preparation of a future Social Climate Plan, in accordance with Regulation (EU)&#160;2023/955 of the European Parliament and of the Council&#160;<a>(<span>22</span>)</a>, including indications on how to assess the challenges and social impacts on the most vulnerable of the emissions trading system for fuel combustion in buildings, road transport and additional sectors, and to identify potential beneficiaries and a relevant policy framework. Explain how the policy framework identified in the NECP will contribute to the preparation of the Lithuania&#8217;s Social Climate Plan and how the consistency between the two plans will be ensured.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>19.</p></td><td><span>Expand the already good regional cooperation with neighbouring Member States within the Baltic Sea area and within the Baltic Energy Market Interconnection Plan High-Level Group, including on renewables, energy efficiency and the internal market, taking into account common challenges and shared objectives. Pursue efforts to sign the remaining required bilateral solidarity arrangement for the security of gas supply with its neighbours (Poland).</span></td></tr></tbody></table> CONCERNING THE CONSISTENCY OF NATIONAL MEASURES WITH THE CLIMATE-NEUTRALITY OBJECTIVE AND WITH ENSURING PROGRESS ON ADAPTATION UNDER REGULATION (EU) 2021/1119 <table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>Put climate resilience considerations more to the forefront in the use of support from Union funding programmes, such as the common agricultural policy, cohesion policy funding and other relevant Union funds. Union funds should be spent in such a way that they increase climate resilience and do not increase vulnerabilities (i.e., do no significant harm to adaptation).</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>Establish mechanisms to ensure that sub-national policies are prepared, and that they are regularly reviewed and updated.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>Promote nature-based solutions and ecosystem-based adaptation in national strategies, policies and plans and provide investments for their deployment.</span></td></tr></tbody></table> Done at Brussels, 18 December 2023. For the Commission Kadri SIMSON Member of the Commission ( 1 ) OJ L 328, 21.12.2018, p. 1 . ( 2 ) OJ L 243, 9.7.2021, p. 1 . ( 3 ) Commission Notice on the Guidance to Member States for the update of the 2021-2030 national energy and climate plans ( OJ C 495, 29.12.2022, p. 24 ). ( 4 ) COM(2022) 230 final. ( 5 ) SWD(2022) 617 final, SWD(2023) 615 final. ( 6 ) COM(2022) 617 Recommendation for a Council Recommendation; COM (2023) 615 final, Recommendation for a Council Recommendation. ( 7 ) Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018, on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 ( OJ L 156, 19.6.2018, p. 26 ); as amended by Regulation (EU) 2023/857 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement, and Regulation (EU) 2018/1999 ( OJ L 111, 26.4.2023, p. 1 ). ( 8 ) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC ( OJ L 275, 25.10.2003, p. 32 ). ( 9 ) Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework- and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU ( OJ L 156, 19.6.2018, p. 1 ), as amended by Regulation (EU) 2023/839 of the European Parliament and of the Council of 19 April 2023 amending Regulation (EU) 2018/841 as regards the scope, simplifying the reporting and compliance rules, and setting out targets of the Member States for 2030, and Regulation (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review ( OJ L 107, 21.4.2023, p. 1 ). ( 10 ) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources ( OJ L 328, 21.12.2018, p. 82 ), as amended by Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 ( OJ L, 2023/2413, 31.10.2023, ELI: http://data.europa.eu/eli/dir/2023/2413/oj ). ( 11 ) Communication on European Wind Power Action Plan COM(2023) 669 final, 24.10.2023 and Communication on delivering EU offshore renewable energy ambition, COM(2023) 668 final. ( 12 ) Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023 on energy efficiency and amending Regulation (EU) 2023/955 ( OJ L 231, 20.9.2023, p. 1 ). ( 13 ) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, ‘Save gas for a safe winter’, COM/2022/360 final. ( 14 ) Regulation (EU) 2019/941 of the European Parliament and of the Council of 5 June 2019 on risk preparedness in the electricity sector and repealing Directive 2005/89/EC ( OJ L 158, 14.6.2019, p. 1 ). ( 15 ) Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 ( OJ L 280, 28.10.2017, p. 1 ). ( 16 ) Commission Recommendation of 14 March 2023 on Energy Storage – Underpinning a decarbonised and secure EU Energy system ( OJ C 103, 20.3.2023, p. 1 ). ( 17 ) Commission Recommendation (EU) 2023/2407 of 20 October 2023 on energy poverty ( OJ L, 2023/2407, 23.10.2023, ELI: http://data.europa.eu/eli/reco/2023/2407/oj ). ( 18 ) Convention on access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (the ‘Aarhus convention’). ( 19 ) SWD(2023) 918. ( 20 ) EU Climate Action Progress Report 2023, COM(2023) 653 final, and Commission Staff Working Document Assessment of progress on climate adaptation in the individual Member States according to the European Climate Law, SWD(2023) 932. ( 21 ) Council Recommendation of 16 June 2022 on ensuring a fair transition towards climate neutrality ( OJ C 243, 27.6.2022, p. 35 ). ( 22 ) Regulation (EU) 2023/955 of the European Parliament and of the Council of 10 May 2023 establishing a Social Climate Fund and amending Regulation (EU) 2021/1060 ( OJ L 130, 16.5.2023, p. 1 ). ELI: http://data.europa.eu/eli/reco/2024/613/oj ISSN 1977-0677 (electronic edition)
ENG
32024H0613
<table><col/><col/><col/><col/><tbody><tr><td><p>29.7.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>C 247/35</p></td></tr></tbody></table> COUNCIL RECOMMENDATION of 8 July 2014 on the National Reform Programme 2014 of Spain and delivering a Council opinion on the Stability Programme of Spain, 2014 2014/C 247/08 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof, Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies ( 1 ) , and in particular Article 5(2) thereof, Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances ( 2 ) , and in particular Article 6(1) thereof, Having regard to the recommendation of the European Commission, Having regard to the resolutions of the European Parliament, Having regard to the conclusions of the European Council, Having regard to the opinion of the Employment Committee, Having regard to the opinion of the Economic and Financial Committee, Having regard to the opinion of the Social Protection Committee, Having regard to the opinion of the Economic Policy Committee, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 26 March 2010, the European Council agreed to the Commission's proposal to launch a new strategy for growth and jobs, Europe 2020, based on enhanced coordination of economic policies, which focuses on the key areas where action is needed to boost Europe's potential for sustainable growth and competitiveness.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>On 13 July 2010, the Council, on the basis of the Commission's proposals, adopted a Recommendation on the broad guidelines for the economic policies of the Member States and the Union (2010 to 2014) and, on 21 October 2010, it adopted a decision on guidelines for the employment policies of the Member States<a>&#160;(<span>3</span>)</a>, which together form the &#8216;integrated guidelines&#8217;. Member States were invited to take the integrated guidelines into account in their national economic and employment policies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>On 29 June 2012, the Member States' Heads of State or Government decided on a Compact for Growth and Jobs, providing a coherent framework for action at national, EU and euro area levels using all possible levers, instruments and policies. They decided on action to be taken at the level of the Member States, in particular expressing full commitment to achieving the objectives of the Europe 2020 strategy and to implementing the country&#8208;specific recommendations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>On 9 July 2013, the Council adopted a Recommendation<a>&#160;(<span>4</span>)</a> on Spain's National Reform Programme for 2013 and delivered its opinion on Spain's updated Stability Programme for 2012&#8208;2016. On 15 November 2013, in line with Regulation (EU) No 473/2013 of the European Parliament and of the Council<a>&#160;(<span>5</span>)</a>, the Commission presented its opinion on Spain's draft budgetary plan for 2014.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>On 13 November 2013, the Commission adopted the Annual Growth Survey, marking the start of the 2014 European Semester for economic policy coordination. Also, on 13 November 2013, the Commission, on the basis of Regulation (EU) No 1176/2011, adopted the Alert Mechanism Report, in which it identified Spain as one of the Member States for which an in&#8208;depth review would be carried out.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>On 20 December 2013, the European Council endorsed the priorities for ensuring financial stability, fiscal consolidation and action to foster growth. It underscored the need to pursue differentiated, growth&#8208;friendly fiscal consolidation, to restore normal lending conditions to the economy, to promote growth and competitiveness, to tackle unemployment and the social consequences of the crisis, and to modernise public administration.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>On 5 March 2014, the Commission published the results of its in&#8208;depth review for Spain, under Article 5 of Regulation (EU) No 1176/2011. The Commission's analysis leads it to conclude that Spain is experiencing macroeconomic imbalances which require specific monitoring and decisive policy action. In particular, in several areas, the adjustment of the imbalances identified last year as excessive has clearly advanced and the return to positive growth has reduced risks. However, the magnitude and inter&#8208;related nature of the imbalances, in particular high domestic and external debt levels and high unemployment, mean that vulnerabilities are still present.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>On 30 April 2014, Spain submitted its 2014 National Reform Programme and its 2014 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The objective of the budgetary strategy outlined in the 2014 Stability Programme is to correct the excessive deficit by 2016 and reach the medium&#8208;term objective in 2017. The Stability Programme confirms the medium&#8208;term objective of a balanced budgetary position in structural terms, which is more stringent than what the Stability and Growth Pact requires. The Stability Programme plans to bring the deficit below 3 % of GDP in 2016, in line with the deadline set in the Council Recommendation of 21 June 2013<a>&#160;(<span>6</span>)</a>, and targets a deficit for 2014 below the one recommended (5,5 % of GDP versus 5,8 % of GDP). However, the annual improvement of the (recalculated) structural balance planned in the Stability Programme falls below the recommended effort as of 2014. For 2017, the plan envisages sufficient progress towards the medium&#8208;term objective, although this may not be enough to reach it in the same year as declared in the Stability Programme. The Stability Programme projects the government debt ratio to peak in 2015 at 101,7 % of GDP and to start declining thereafter. Overall, the budgetary strategy outlined in the Stability Programme is only partly in line with the requirements of the Stability and Growth Pact. The macroeconomic scenario underpinning the budgetary projections in the Stability Programme, which has not been produced or endorsed by an independent body, is broadly plausible for 2014 and subject to downside risks in 2015 when compared with the Commission services 2014 spring forecast. For 2016&#8208;2017, the GDP growth rates in the Stability Programme seem somewhat optimistic when seen against current estimates of the potential growth rate of the economy and the remaining post&#8208;crisis economic adjustment needs.</p><p>Therefore, the deficit and debt adjustment paths are also subject to downside risks. Moreover, concrete measures to support the headline deficit targets from 2015 onwards are not yet sufficiently specified, especially regarding the changes to tax legislation within the framework of the planned tax reform. Other risks relate to contingent liabilities and the yields of planned savings at local and regional levels. Based on the Commission forecast, the fiscal effort over 2013&#8208;2014 falls short by 1,1 percentage points in terms of (corrected) change in the structural balance (although this figure is inflated by recent changes in the methodology for the estimation of potential output) and by 0,4 percentage points compared to the amount of measures estimated as necessary at the time of the recommendation under the Excessive Deficit Procedure. Based on its assessment of the Stability Programme and the Commission forecast, pursuant to Regulation (EC) No 1466/97, the Council is of the opinion that the measures underpinning the budgetary strategy need to be specified further and that additional efforts are needed to fully comply with the Council Recommendation under the Excessive Deficit Procedure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>On the fiscal structural side, there has been progress in the reporting of budgetary execution and in the application of corrective measures to non&#8208;compliant administrative bodies. However, there remains scope for implementing additional enforcement mechanisms, set out in Spain's Budgetary Stability Organic Law, for non&#8208;compliant regions. New measures have been taken to enforce an average period for payments to commercial suppliers of 30 days across all levels of government. An independent fiscal institution was set up by law in November 2013 and its president appointed in February 2014. However, the institution was not operational in time to assess the 2014 Stability Programme. The 2014 National Reform Programme also acknowledges the need to keep improving cost&#8208;effectiveness in healthcare and pharmaceutical expenditure, e.g. by centralising purchasing of pharmaceutical products, revising the basket of services, developing digital clinical records, or strengthening management of health establishments. With most of the fiscal consolidation ahead planned to come from expenditure savings, a systematic review of expenditure at all government levels, would help to identify areas where savings could be generated in a growth&#8208;friendly way while catering for the needs of the most vulnerable.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>In 2013, Spain adopted new measures to address the debt bias in corporate taxation. During 2013, Spain also made some progress in improving tax compliance by intensifying the fight against tax fraud and undeclared work, but important challenges remain. In 2013 and 2014, Spain also introduced reductions in social security contributions for hiring young and new employees. Following the delivery of a comprehensive report on tax reform by an Expert Committee commissioned by the Government, the authorities plan to present concrete legislative proposals in the second quarter of 2014. According to the 2014 National Reform Programme, the proposals will aim at modernising the tax system, reduce the bias against employment, foster revenue collection, favour economic development, ensure market unity and fiscal neutrality and enhance the competitiveness of the Spanish economy while contributing to fiscal consolidation. The design and implementation of this reform will be important to future economic prospects and public finances.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>Financial stability has been bolstered by the recapitalisation and restructuring of the banking sector and the thorough implementation of the July 2012 European Stability Mechanism (ESM) programme for the recapitalisation of financial institutions, completed on 22 January 2014. Yet, the financial sector in Spain is still faced with significant challenges that need to be carefully monitored and managed. Moreover, improvements in the funding conditions of banks are being passed on only gradually to the financing of SMEs. Going forward, it is important to ensure that credit continues to flow to viable sectors of the economy as the deleveraging of the private sector continues. The authorities have taken several measures to improve access of firms to bank and non&#8208;bank financing and facilitate corporate debt restructuring, but further policy actions are needed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The labour market is showing some signs of stabilisation and a mild recovery is expected in 2014 with growing employment and decreasing unemployment levels. However, with an annual average of 26,1 % in 2013, the unemployment rate remains very high. Of particular concern are the high youth unemployment rate of 54,3 %, and the significant peak of long&#8208;term unemployment at 49,7 % of total unemployment in 2013, the latter with particularly high rates among older workers and low&#8208;skilled workers. Available evaluations of the 2012 labour market reform conclude that the reform, together with the social partners' commitment to wage moderation in 2012&#8208;2014, has helped to provide firms with greater internal flexibility and limit job losses, prioritising collective bargaining agreements at firm level and enhancing possibilities for firms to opt out of a collective agreement. The reform has also reduced the compensation costs for unfair dismissal and contributed to lowering the number of dismissals challenged in court, and introduced a new contract to promote stable hiring in SMEs. Further measures were introduced in 2013 and early 2014 to facilitate stable part&#8208;time employment, and reduce temporarily social security contributions on new indefinite contracts. However, segmentation remains an important challenge for the Spanish labour market, the number of contract types remains high and the gap between severance costs for fixed&#8208;term and indefinite contracts remains among the highest in the Union even after the reform.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Progress has been made in the reform of active labour market policies, including the approval of the annual Employment Plan (PAPE). However, action to modernise and reinforce the public employment service seems to be progressing slowly, which threatens to hinder the successful implementation of the new framework. The full operationalisation of the single job portal has suffered delays. Progress has been made in fostering cooperation with private placement agencies, but further efforts are needed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>The inadequate labour&#8208;market relevance of education and training and the high proportion of unemployed without formal qualifications (35,2 %) contribute to the high youth unemployment rate, as well as to long&#8208;term unemployment. The rate of young people not in employment, education or training remains higher than the EU average. The proportion of pupils and students leaving education and training early, although decreasing, also remains very high (23,5 %). Tertiary attainment rates are sustained, but vocational education and training and apprenticeship schemes are still under&#8208;used and the proficiency of upper secondary vocational education and training graduates lags behind the EU average. Spain is also working on measures to encourage youth employment. The national 2013&#8208;2016 Youth Employment and Entrepreneurship Strategy, presented in March 2013, is now being implemented, although some measures have yet to be put in place. Building on that Strategy, Spain has undertaken steps to fight youth unemployment, in line with the objectives of a youth guarantee. Some progress has been registered in measures to fight early school leaving and to promote dual vocational education and training, but full implementation and efficient use of funding remain crucial. On dual vocational training, continued coordination among all stakeholders, including decision makers and training providers at all government levels and employers, is needed to streamline the system, favour a better match of training to labour demands and guarantee the compatibility of dual vocational education and training models across regions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Mainly as a result of the labour market situation, but also due to the limited effectiveness of social protection in reducing poverty, Spain is below the EU average as regards the main indicators measuring poverty and social exclusion, with children and young adults being particularly exposed. As a result of the crisis, Spain also witnessed one of the highest falls in household disposable income and one of the highest levels of income inequality in the Union. The key challenges are to simplify procedures for social assistance claimants and improve governance and inter&#8208;institutional coordination at national, regional and local levels. The 2013&#8208;2016 National Action Plan for Social Inclusion provides an appropriate policy framework for adapting active labour market policies to those further away from the labour market, tackling child poverty and improving the efficiency of family support services. Moreover, social assistance and benefits have limited redistributive effects across different groups at risk, suggesting poor targeting. In addition, limited coordination between employment and social services (including those at regional and local levels) and the administrative burden involved in accessing minimum income schemes hinders the smooth transition between social assistance and the reintegration into the labour market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>Spain made progress on structural reforms promoting growth and competitiveness broadly in line with the plans in the 2013 National Reform Programme. The law on the guarantee of market unity was adopted in December 2013 and its complex implementation is ongoing. The law on entrepreneurship adopted in autumn 2013 has also brought improvements to the framework for corporate insolvency and more flexible company forms, and as regards the rationalisation of support schemes for the internationalisation of firms. The use of the express licensing has been extended thus simplifying the opening of small&#8208;scale retail outlets, and other measures taken to facilitate business licensing. However, secondary legislation to allow private limited companies to be created through one&#8208;stop shops within the shorter deadlines set out in the September 2013 entrepreneurship law are still pending. Moreover, there is a case for the continuous review of regulatory barriers to company growth, including taxation, given Spain's gap vis&#8208;&#224;&#8208;vis other euro area Member States as regards company size. The long&#8208;awaited reform of professional services has been experiencing delays and needs to be speeded up. No measures have been taken to remove restrictions on the establishment of large&#8208;scale retail premises.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>The Spanish R&amp;I system needs to increase the quality of its scientific outputs, foster public&#8208;private co&#8208;operation and facilitate the conversion of research and innovation into commercial products. In 2013, the Government adopted a national strategy for science, technology and innovation, which still needs to be backed by public funding. Moreover, the creation of the new State Research Agency, which is tasked with the efficient management of public R&amp;D investment, is pending.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>Significant steps have been taken to address the electricity tariff deficit, especially by reducing the system's costs, although the exact impact of the reform, in particular on renewables, is not yet fully clear. The Government is exploring ways to minimise negative spillover effects on public finances from insolvent toll motorways. The authorities established a database containing economic, environmental, traffic&#8208;related and other indicators supporting analysis prior to investment in infrastructure, but have not yet set up an independent body to help assess future major infrastructure projects. Effective competition in railway passenger and freight services is still prevented by technical and legal obstacles, hampering the efficient use of the extensive infrastructure stock.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>The reform of public administration is advancing. A reform of local public administration was passed in December 2013 and the implementation of the expert's committee on public administration reform is ongoing and will continue throughout 2014&#8208;2015. Judicial reform is at various stages of completion and/or implementation and needs to be completed. Recent efforts in the area of tackling corruption include the law on transparency, public access to information and good governance, adopted in December 2013, as well as two draft bills on supervision of party funding and accountability of high&#8208;ranking officials. The 2012&#8208;2014 National Plan against Undeclared Work and Social Security Fraud (<span>Plan Nacional de Lucha contra el Empleo Irregular y el Fraude a la Seguridad Social</span>) is being implemented. Spain has also extended its network of international agreements to exchange information relevant for tax assessments and launched a project with private firms to study potential improvements in the management of the benefits system.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>In the context of the European Semester, the Commission has carried out a comprehensive analysis of Spain's economic policy. It has assessed the National Reform Programme and the Stability Programme. It has taken into account not only their relevance for sustainable fiscal and socio&#8208;economic policy in Spain but also their compliance with EU rules and guidance, given the need to reinforce the overall economic governance of the Union by providing EU&#8208;level input into future national decisions. Its recommendations under the European Semester are reflected in recommendations (1) to (8) below.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>In the light of this assessment, the Council has examined the Stability Programme, and its opinion<a>&#160;(<span>7</span>)</a> is reflected in particular in recommendation (1) below.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>In the light of the Commission's in&#8208;depth review and this assessment, the Council has examined the National Reform Programme and the Stability Programme. Its recommendations under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1), (2), (3), (4), (6), (7) and (8) below.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>In the context of the European Semester, the Commission has also carried out an analysis of the economic policy of the euro area as a whole. On this basis, the Council has issued specific recommendations addressed to the Member States whose currency is the euro<a>&#160;(<span>8</span>)</a>. As a country whose currency is the euro, Spain should also ensure the full and timely implementation of those recommendations,</p></td></tr></tbody></table> HEREBY RECOMMENDS that Spain take action within the period 2014‐2015 to: <table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>Reinforce the budgetary strategy as of 2014, in particular by fully specifying the underlying measures for the year 2015 and beyond, to ensure the correction of the excessive deficit in a sustainable manner by 2016 through achieving the structural adjustment effort specified in the Council Recommendation under the Excessive Deficit Procedure. A durable correction of the fiscal imbalances requires a credible implementation of ambitious structural reforms to increase the adjustment capacity and boost growth and employment. After achieving the correction of the excessive deficit, pursue a structural adjustment towards the medium&#8208;term objective of at least 0,5 % each year, and more in good economic conditions or if needed to ensure that the debt rule is met in order to put the high general government debt ratio on a sustained downward path. Ensure that the new independent fiscal authority becomes fully operational as soon as possible and ensure a full implementation of the preventive, corrective and enforcement measures in the Budgetary Stability Organic Law at all levels of government, including on the elimination of public sector commercial arrears. Carry out by February 2015 a systematic review of expenditure at all levels of government to underpin the efficiency and quality of public spending going forward. Continue to increase the cost&#8208;effectiveness of the healthcare sector, in particular by further rationalising pharmaceutical spending, including in hospitals and strengthening coordination across types of care, while maintaining accessibility for vulnerable groups. Adopt by the end of 2014 a comprehensive tax reform to make the tax system simpler and more conducive to growth and job creation, preservation of the environment and stability of revenues.</p><p>To that end, shift revenues towards less distortive taxes, such as consumption, environmental (e.g. on motor fuels) and recurrent property taxes; remove inefficient personal and corporate income tax expenditures; consider lowering employers' social security contributions, in particular for low&#8208;wage jobs; continue to tackle the debt bias in corporate taxation; take measures to avoid that taxation hinders the smooth functioning of Spain's internal market. Step up the fight against tax evasion.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>Complete the reform of the saving banks sector, as regards the adoption of secondary legislation and complete the restructuring of state&#8208;owned savings banks in order to accelerate their full recovery and facilitate their return to private ownership. Promote banks' efforts to sustain strong capital ratios, monitor the asset management company Sareb's activity in order to ensure timely asset disposal while minimising the cost to the taxpayer. Complete the ongoing measures to widen SMEs access to finance, in particular by finalising the ongoing measures to improve non&#8208;bank financial intermediation. Remove remaining bottlenecks in the corporate insolvency framework, in particular by enhancing the expertise of insolvency administrators and the capacity of the judicial system to handle insolvency cases, and develop a permanent framework for personal insolvency, paying due attention to balanced creditor/borrower rights and financial stability considerations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>Pursue new measures to reduce labour market segmentation to favour sustainable, quality jobs, for instance through reducing the number of contract types and ensuring a balanced access to severance rights. Continue regular monitoring of the labour market reforms. Promote real wage developments consistent with the objective of creating jobs. Strengthen the job&#8208;search requirement in unemployment benefits. Enhance the effectiveness and targeting of active labour market policies, including hiring subsidies, particularly for those facing more difficulties in accessing employment. Reinforce the coordination between labour market and education and training policies. Accelerate the modernisation of public employment services to ensure effective personalised counselling, adequate training and job&#8208;matching, with special focus on the long&#8208;term unemployed. Ensure the effective application of public&#8208;private cooperation in placement services before the end of 2014, and monitor the quality of services provided. Ensure the effective functioning of the Single Job Portal and combine it with further measures to support labour mobility.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>4.</p></td><td><p>Implement the 2013&#8208;2016 Youth Entrepreneurship and Employment Strategy and evaluate its effectiveness. Provide good quality offers of employment, apprenticeships and traineeships for young people and improve the outreach to non&#8208;registered unemployed young people, in line with the objectives of a youth guarantee. Effectively implement the new educational schemes to increase the quality of primary and secondary education. Enhance guidance and support for groups at risk of early school leaving. Increase the labour&#8208;market relevance of vocational education and training and of higher education, in particular by enhancing the cooperation with employers and supporting the training of trainers and tutors.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>5.</p></td><td><p>Implement the 2013&#8208;2016 National Action Plan on Social Inclusion and assess its effectiveness covering the full range of its objectives. Strengthen administrative capacity and coordination between employment and social services in order to provide integrated pathways to support those at risk, and boost, among the Public Administrations responsible for the minimum income schemes, streamlined procedures to support transitions between minimum income schemes and the labour market. Improve the targeting of family support schemes and quality services favouring low&#8208;income households with children, to ensure the progressivity and effectiveness of social transfers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>6.</p></td><td><p>Ensure an ambitious and swift implementation of Law No 20/2013 on Market Unity at all levels of administration. Adopt an ambitious reform of professional services and of professional associations by the end of 2014, defining the professions requiring registration in a professional organisation, and the transparency and accountability of professional bodies, opening up unjustifiably reserved activities and safeguarding market unity in the access to and exercise of professional services in Spain. Further reduce the time, cost and number of procedures required for setting up an operating business. Address unjustified restrictions to the establishment of large&#8208;scale retail premises, in particular through a revision of existing regional planning regulations. Identify sources of financing for the new national strategy for science, technology and innovation and make operational the new State Research Agency.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>7.</p></td><td><p>Following the reform of 2013, ensure the effective elimination of deficit in the electricity system as of 2014, including by taking further structural measures if needed. Address the problem of insolvent toll motorways so as to minimise costs for the State. Set up an independent body to contribute to the assessment of future major infrastructure projects by the end of 2014. Take measures to ensure effective competition in freight and passenger rail services.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>8.</p></td><td><p>Implement at all government levels the recommendations of the committee for the reform of the public administration. Strengthen control mechanisms and increase the transparency of administrative decisions, in particular at regional and local levels. Complete and monitor closely the ongoing measures to fight against the shadow economy and undeclared work. Adopt pending reforms on the structure of the judiciary and on the judicial map and ensure implementation of adopted reforms.</p></td></tr></tbody></table> Done at Brussels, 8 July 2014. For the Council The President P. C. PADOAN <note> ( 1 ) OJ L 209, 2.8.1997, p. 1 . ( 2 ) OJ L 306, 23.11.2011, p. 25 . ( 3 ) Maintained for 2014 by Council Decision 2014/322/EU of 6 May 2014 on guidelines for the employment policies of the Member States for 2014 ( OJ L 165, 4.6.2014, p. 49 ). ( 4 ) OJ C 217, 30.7.2013, p. 81 . ( 5 ) Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area ( OJ L 140, 27.5.2013, p.11 ). ( 6 ) Council Recommendation of 21 June 2013 with a view to bringing an end to the situation of an excessive government deficit in Spain ( OJ C 180, 26.06.2013, p. 4 ). ( 7 ) Under Article 5(2) of Regulation (EC) No 1466/97. ( 8 ) See page 141 of the current Official Journal. </note>
ENG
32014H0729(08)
<table><col/><col/><col/><col/><tbody><tr><td><p>21.6.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 165/69</p></td></tr></tbody></table> COUNCIL DECISION (CFSP) 2019/1018 of 20 June 2019 amending Decision 2014/386/CFSP concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 23&#160;June 2014, the Council adopted Decision 2014/386/CFSP&#160;<a>(<span>1</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Council does not recognise and continues to condemn the illegal annexation of Crimea and Sevastopol by the Russian Federation and will remain committed to fully implementing its non-recognition policy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>On the basis of a review of Decision 2014/386/CFSP, the restrictive measures should be renewed until 23&#160;June 2020.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Decision 2014/386/CFSP should therefore be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 In Article 5 of Decision 2014/386/CFSP, the second paragraph is replaced by the following: ‘This Decision shall apply until 23 June 2020.’ Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union . Done at Brussels, 20 June 2019. For the Council The President G. CIAMBA <note> ( 1 ) Council Decision 2014/386/CFSP of 23 June 2014 concerning restrictive measures in response to the illegal annexation of Crimea and Sevastopol ( OJ L 183, 24.6.2014, p. 70 ). </note>
ENG
32019D1018
<table><col/><col/><col/><col/><tbody><tr><td><p>23.5.2015&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 128/20</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2015/809 of 19 May 2015 designating the European Capitals of Culture for the year 2019 in Bulgaria and Italy THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 ( 1 ) , and in particular Article 9(3) thereof, Having regard to the recommendation from the European Commission, Having regard to the selection panel's reports of October and November 2014 regarding the selection process of the European Capitals of Culture in Bulgaria and Italy, Whereas: Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled, HAS ADOPTED THIS DECISION: Article 1 Plovdiv and Matera are designated as ‘European Capitals of Culture 2019’ in Bulgaria and Italy respectively. Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union . Done at Brussels, 19 May 2015. For the Council The President M. SEILE <note> ( 1 ) OJ L 304, 3.11.2006, p. 1 . </note>
ENG
32015D0809
<table><col/><col/><col/><col/><tbody><tr><td><p>5.11.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 318/23</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) No 1193/2014 of 4 November 2014 amending for the 222nd 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(5) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>On 28 October 2014, the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one entity from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering the de-listing request submitted by this entity and the Comprehensive Report of the Ombudsperson established pursuant to UNSC Resolution 1904(2009).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 4 November 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 under the heading ‘Legal persons, groups and entities’ is deleted: ‘Al-Haramain Foundation (United States). Address: (a) 1257 Siskiyou Blvd., Ashland, OR 97520, USA; (b) 3800 Highway 99 S, Ashland, OR 97520, USA; (c) 2151 E Division St, Springfield, MO 65803, USA. Other information: the United States-based branch of Al-Haramain Foundation was formally established by Suliman Hamd Suleiman al-Buthe and an associate in 1997. Date of designation referred to in Article 2a(4)(b): 28.9.2004.’
ENG
32014R1193
02011R1110 — EN — 08.11.2018 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p> COMMISSION IMPLEMENTING REGULATION (EU) No 1110/2011</p><p>of 3 November 2011</p><p>concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase produced by<span>Trichoderma reesei</span> (CBS 114044) as a feed additive for laying hens, minor poultry species and pigs for fattening (holder of authorisation Roal Oy)</p><p><a>(Text with EEA relevance)</a></p><p>(OJ L 287 4.11.2011, p. 27)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a> COMMISSION IMPLEMENTING REGULATION (EU) 2018/1569&#160;of 18&#160;October 2018</a></p></td><td><p>&#160;&#160;L&#160;262</p></td><td><p>37</p></td><td><p>19.10.2018</p></td></tr></table> COMMISSION IMPLEMENTING REGULATION (EU) No 1110/2011 of 3 November 2011 concerning the authorisation of an enzyme preparation of endo-1,4-beta-xylanase produced by Trichoderma reesei (CBS 114044) as a feed additive for laying hens, minor poultry species and pigs for fattening (holder of authorisation Roal Oy) (Text with EEA relevance) Article 1 The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex. Article 2 This Regulation shall enter into force on the 20th day following 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. ANNEX <table><col/><col/><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Identification number of the additive</p></td><td><p>Name of the holder of authorisation</p></td><td><p>Additive</p></td><td><p>Composition, chemical formula, description, analytical method</p></td><td><p>Species or category of animal</p></td><td><p>Maximum age</p></td><td><p>Minimum content</p></td><td><p>Maximum content</p></td><td><p>Other provisions</p></td><td><p>End of period of authorisation</p></td></tr><tr><td><p>Units of activity/kg of complete feedingstuff with a moisture content of 12&#160;%</p></td></tr><tr><td><p><span>Category of zootechnical additives.&#160;Functional group: digestibility enhancers.</span></p></td></tr><tr><td><p>4a8</p></td><td><p>Roal Oy</p></td><td><p>Endo-1,4-beta-xylanase</p><p>EC 3.2.1.8</p></td><td><p><span>Additive composition</span></p><p>Preparation of endo-1,4-beta-xylanase produced by<span>Trichoderma reesei</span> (CBS 114044) having a minimum activity of:</p><div><p>solid form: 4 &#215; 10<span>6</span> BXU&#160;<a>(<span>1</span>)</a>/g</p></div><div><p>liquid form: 4 &#215; 10<span>5</span> BXU/g</p></div><p><span>Characterisation of the active substance</span></p><p>endo-1,4-beta-xylanase produced by<span>Trichoderma reesei</span> (CBS 114044)</p><p><span>Analytical method</span>&#160;<a>(<span>2</span>)</a></p><p>In the additive and the premixture: reducing sugar assay for endo-1,4- beta-xylanase by colorimetric reaction of dinitrosalicylic acid reagent on reducing sugar yield at pH 5,3 and 50&#160;&#176;C</p><p>In the feedingstuffs: colorimetric method measuring water soluble dye released by the enzyme from azurine crosslinked wheat arabinoxylan substrate</p></td><td><p>Minor poultry species other than laying birds</p></td><td><p>&#8212;</p></td><td><p>8&#160;000 BXU</p></td><td><p>&#8212;</p></td><td><p>1.&#160;&#160;In the directions for use of the additive and premixtures, the storage conditions and stability to heat treatment shall be indicated.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks to their use. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment.</p></td><td><p>24 November 2021</p></td></tr><tr><td><p>Laying hens</p></td><td><p>12&#160;000 BXU</p></td></tr><tr><td><p>Laying birds of minor poultry species</p></td><td><p>24&#160;000 BXU</p></td></tr><tr><td><p>Pigs for fattening</p></td><td><p>20&#160;000 BXU</p></td></tr><tr><td><div><a>(<span>1</span>)&#160;&#160;&#160;</a><p>1 BXU is the amount of enzyme which liberates 1 nmol reducing sugars as xylose from birch xylan per second at pH 5,3 and 50&#160;&#176;C.</p></div><div><a>(<span>2</span>)&#160;&#160;&#160;</a><p>Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports</p></div></td></tr></tbody></table>
ENG
02011R1110-20181108
<table><col/><col/><col/><col/><tbody><tr><td><p>2.7.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 177/112</p></td></tr></tbody></table> COMMISSION IMPLEMENTING DECISION (EU) 2019/1128 of 1 July 2019 on access rights to safety recommendations and responses stored in the European Central Repository and repealing Decision 2012/780/EU (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 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 ( 1 ) , and in particular Article 8(4) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In accordance with Article 18(5) of Regulation (EU) No 996/2010 of the European Parliament and of the Council&#160;<a>(<span>2</span>)</a> all safety recommendations and responses thereto have to be recorded in the central repository.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The central repository referred to in recital 1 is established by Regulation (EU) No 376/2014 as the European Central Repository.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>In accordance with Article 10 of Regulation (EU) No 376/2014 the access to the occurrence reports stored in the European Central Repository is restricted due to their confidential nature. On the other hand, there is a legitimate interest in giving public access to all safety recommendations and their responses because of the overarching purpose of Regulation (EU) No 996/2010 and of Regulation (EU) No 376/2014 to reduce the number of accidents and to promote a dissemination of findings of safety related incidents.&#160;The existence of such legitimate interest is further confirmed by the fact that safety investigation reports, which often include safety recommendations, are to be made public in accordance with Regulation (EU) No 996/2010.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Pursuant to Article 8(4) of Regulation (EU) No 376/2014 the Commission is to adopt arrangements for the management of the European Central Repository. Since for security reasons there should not be any direct access to the European Central Repository, all safety recommendations and their responses contained in the European Central Repository should be made available to the general public through a separate public website.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>It should be ensured at all times and at all levels that, as regards data storage, process and exchange, the obligations on personal data protection laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council&#160;<a>(<span>3</span>)</a> and Regulation (EU) 2018/1725 of the European Parliament and of the Council&#160;<a>(<span>4</span>)</a> are respected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Commission Decision 2012/780/EU&#160;<a>(<span>5</span>)</a> should be repealed and replaced by this Decision, which compared to Decision 2012/780/EU, should establish public access not only to safety recommendations but also to their responses.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 127 of Regulation (EU) 2018/1139 of the European Parliament and of the Council&#160;<a>(<span>6</span>)</a>,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Subject matter This Decision lays down measures concerning the management of the European Central Repository set up in accordance with Article 8(1) of Regulation (EU) No 376/2014 as regards the access to safety recommendations within the meaning of Article 2(15) of Regulation (EU) No 996/2010 and to responses thereto recorded under Article 18(3) of that Regulation. Article 2 Status of safety recommendations and their responses All safety recommendations and their responses contained in the European Central Repository shall be made available to the general public through a public website which shall be established and managed by the Commission. Article 3 Protection of personal data The processing of personal data within the framework of this Decision shall be carried out in compliance with Regulations (EU) 2016/679 and (EU) 2018/1725. Article 4 Confidentiality Responses to safety recommendations published in accordance with this Decision shall not contain any information of a confidential nature. Member States shall establish appropriate procedures to that effect. Article 5 Repeal Decision 2012/780/EU is repealed. Article 6 Entry into force This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Done at Brussels, 1 July 2019. For the Commission The President Jean-Claude JUNCKER <note> ( 1 ) OJ L 122, 24.4.2014, p. 18 . ( 2 ) Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC ( OJ L 295, 12.11.2010, p. 35 ). ( 3 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 ). ( 4 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC ( OJ L 295, 21.11.2018, p. 39 ). ( 5 ) Commission Decision 2012/780/EU of 5 December 2012 on access rights to the European Central Repository of Safety Recommendations and their responses established by Article 18(5) of Regulation (EU) No 996/2010 of the European Parliament and of the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC ( OJ L 342, 14.12.2012, p. 46 ). ( 6 ) Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency ( OJ L 212, 22.8.2018, p. 1 ). </note>
ENG
32019D1128
<table><col/><col/><col/><col/><tbody><tr><td><p>1.8.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 201/3</p></td></tr></tbody></table> COUNCIL IMPLEMENTING REGULATION (EU) 2022/1330 of 28 July 2022 implementing Article 11(1) of Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau 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 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau ( 1 ) , and in particular Article 11(1) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 3&#160;May 2012, the Council adopted Regulation (EU) No&#160;377/2012.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Council considers that nine persons should be removed from the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No&#160;377/2012.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Regulation (EU) No&#160;377/2012 should therefore be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Annex I to Regulation (EU) No 377/2012 is amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 28 July 2022. For the Council The President M. BEK ( 1 ) OJ L 119, 4.5.2012, p. 1 . ANNEX In Annex I to Regulation (EU) No 377/2012, the entries concerning the persons listed below are deleted: <table><col/><col/><tbody><tr><td><p>&#8216;6.</p></td><td><span>General Augusto M&#193;RIO C&#211;</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>7.</p></td><td><span>General Saya Braia Na NHAPKA</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>8.</p></td><td><span>Colonel Tom&#225;s DJASSI</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>9.</p></td><td><span>Cranha DANF&#193;</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>10.</p></td><td><span>Colonel Celestino de CARVALHO</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>14.</p></td><td><span>Tcham NA MAN (a.k.a. Namam)</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>15.</p></td><td><span>Major Samuel FERNANDES</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>18.</p></td><td><span>Commander (Navy) Agostinho Sousa CORDEIRO</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>20.</p></td><td><span>Lieutenant Lassana CAMAR&#193;&#8217;.</span></td></tr></tbody></table>
ENG
32022R1330
<table><col/><col/><col/><col/><tbody><tr><td><p>21.6.2021&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>LI 219/57</p></td></tr></tbody></table> COUNCIL DECISION (CFSP) 2021/1000 of 21 June 2021 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On&#160;22&#160;April&#160;2013, the Council adopted Decision&#160;2013/184/CFSP&#160;<a>(<span>1</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>On&#160;22&#160;March&#160;2021 and&#160;19&#160;April&#160;2021, the Council designated&#160;21 persons and two entities in response to the military coup staged in Myanmar/Burma on&#160;1&#160;February&#160;2021 and the ensuing military and police repression against civilians and peaceful demonstrators.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>On&#160;29&#160;April&#160;2021, the Council, considering the ongoing activities undermining democracy and the rule of law in Myanmar/Burma, as well as the brutal repression and serious human rights violations in the country, adopted Decision (CFSP)&#160;2021/711&#160;<a>(<span>2</span>)</a> which renewed the restrictive measures in place, including all designations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>In view of the continuing grave situation in Myanmar/Burma, eight persons and four entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in the Annex to Decision&#160;2013/184/CFSP.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Decision&#160;2013/184/CFSP should therefore be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The Annex to Decision 2013/184/CFSP is 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, 21 June 2021. For the Council The President J. BORRELL FONTELLES ( 1 ) Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures in view of the situation in Myanmar/Burma ( OJ L 111, 23.4.2013, p. 75 ). ( 2 ) Council Decision (CFSP) 2021/711 of 29 April 2021 amending Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma ( OJ L 147, 30.4.2021, p. 17 ). ANNEX The Annex to Decision 2013/184/CFSP is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>the following entries are added in the list headed &#8216;A. Natural persons referred to in Articles&#160;5(1) and&#160;6(1)&#8217;:</p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Name</p></td><td><p>Identifying information</p></td><td><p>Reasons</p></td><td><p>Date of listing</p></td></tr><tr><td><p>&#8216;36.</p></td><td><p>Soe Htut</p></td><td><p>Date of birth: 29&#160;March&#160;1960;</p><p>Place of birth: Mandalay, Myanmar;</p><p>Nationality: Myanmar/Burma;</p><p>Gender: Male</p></td><td><p>Lieutenant General Soe Htut is a member of the Myanmar Armed Forces (Tatmadaw). He is also member of the State Administrative Council (SAC) led by Commander-in-Chief Min Aung Hlaing.</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on&#160;8&#160;November&#160;2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on&#160;1&#160;February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On&#160;2&#160;February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.</p><p>Soe Htut was appointed Minister for Home Affairs on&#160;1&#160;February&#160;2021.</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>The Minister for Home Affairs is responsible for the Myanmar Police Force, Fire Service and Prison Service. Functions of the Ministry for Home Affairs encompass State Security and Law and Order. In that capacity, Lieutenant General Soe Htut is responsible for serious human rights violations committed by the Myanmar Police since the military coup of&#160;1st&#160;February&#160;2021, including killing of civilians and unarmed protesters, violations of freedom of association and peaceful assembly, arbitrary arrests and detention of opposition leaders and peaceful protesters and violations of freedom of expression.</p><p>Additionally, as a member of the SAC, Lieutenant General Soe Htut has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma. He is also directly responsible for the repressive decisions taken by the SAC, including legislation that violates human rights and limits freedoms of citizens of Myanmar, and for the serious human rights violations committed by the Myanmar security forces.</p></td><td><p>&#160;</p></td></tr><tr><td><p>37.</p></td><td><p>Tun Tun, Naung</p><p>(a.k.a. Tun Tun Naing; a.k.a. Htun Htun Naung)</p></td><td><p>Date of birth: 30&#160;April&#160;1963;</p><p>Nationality: Myanmar/Burma;</p><p>Gender: Male</p></td><td><p>Lieutenant General Tun Tun Naung is a member of the Myanmar Armed Forces (Tatmadaw) and was previously a Commander. He is the Minister of Border Affairs and member of the National Defence and Security Council.</p><p>In&#160;2013, Tun Tun Naung was the Northern Commander overseeing the Burmese military&#8217;s conflict with the Kachin Independence Army. In this conflict, the Myanmar troops under the command of Tun Tun Naung carried out serious human rights abuses and violations of international humanitarian law.</p><p>In&#160;2017, Tun Tun Naung was commanding officer of the &#8220;1st Bureau of Special Operations&#8221;. Under his command, troops committed atrocities and serious human rights violations against ethnic minorities in Rakhine state during the &#8220;Rohingya clearance operations&#8221;. These operations commenced on&#160;25&#160;August&#160;2017 and involved arbitrary killings, physical abuse, torture, sexual violence, and detention of Rohingya people. As Commander in&#160;2013 and&#160;2017, Tun Tun Naung is responsible for serious human rights violations committed in Myanmar/Burma.</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on&#160;8&#160;November&#160;2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. During these events, Tun Tun Naung accepted an appointment as Minister for Border Affairs in the Union Government on&#160;1&#160;February&#160;2021and thereby a seat at the National Defence and Security Council.</p><p>As member of the Union Government and Minister for Border Affairs, Tun Tun Naung is responsible for activities undermining democracy and the rule of law in Myanmar and actions that threaten the peace, security and stability of the country.</p></td><td><p>&#160;</p></td></tr><tr><td><p>38.</p></td><td><p>Win Shein</p><p>(a.k.a. U Win Shein)</p></td><td><p>Date of birth: 31&#160;July&#160;1957;</p><p>Place of birth: Mandalay, Myanmar;</p><p>Nationality: Myanmar/Burma;</p><p>Gender: Male</p><p>Address: Myananyadanar, Naypyitaw, Myanmar/Burma;</p></td><td><p>Win Shein is the Minister for Planning, Finance, and Industry in the Union Government, appointed by Commander-in-Chief Min Aung Hlaing on&#160;1&#160;February&#160;2021.</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on&#160;8&#160;November&#160;2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing.</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Passport number: DM001478 (Myanmar/Burma) issued&#160;10&#160;Sep&#160;2012 expires&#160;09&#160;Sep&#160;2022;</p><p>National ID: 12DAGANA011336</p></td><td><p>By accepting his nomination as Minister for Planning, Finance, and Industry of the Union Government, and through his important role in the economic policies of the regime, Win Shein is responsible for undermining democracy and the rule of law in Myanmar/Burma.</p></td><td><p>&#160;</p></td></tr><tr><td><p>39.</p></td><td><p>Khin Maung Yi (a.k.a. Khin Maung Yee; a.k.a. U Khin Maung Yi)</p></td><td><p>Date of birth: 15&#160;February&#160;1965;</p><p>Place of birth: Rangoon, Myanmar;</p><p>Nationality: Myanmar/Burma;</p><p>Gender: Male</p></td><td><p>Colonel Khin Maung Yi is the current Minister for Natural Resources and Environmental Conservation (MONREC). He was Permanent Secretary in this department under the democratically elected government.</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on&#160;8&#160;November&#160;2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On&#160;2&#160;February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.</p><p>Colonel Khin Maung Yi was appointed Minister for Natural Resources and Environmental Conservation (MONREC) on&#160;2&#160;February&#160;2021 by the State Administrative Council (SAC) led by Commander-in-Chief Min Aung Hlaing.</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>According to Myanmar law, MONREC is sole responsible for management the exploitation of natural resources of Myanmar, having a crucial role in the exploitation and trade of, among others, resources such as gemstones, pearls and other mineral resources as well as forestry. Under his leadership, MONREC controls Myanmar Pearl Enterprise (MPE), Myanmar Gems Enterprise (MGE) and Myanmar Timber Enterprise (MTE), having exclusive rights on the production and trade of resources on their areas of competence.</p><p>By accepting his nomination to Minister for Natural Resources and Environmental Conservation and through his role in the exploitation of natural resources of Myanmar, Khin Maung Yi contributes to the funding of the military regime, therefore he is responsible for undermining democracy and the rule of law in Myanmar/Burma.</p></td><td><p>&#160;</p></td></tr><tr><td><p>40.</p></td><td><p>Tin Aung San</p></td><td><p>Date of birth: 16&#160;October&#160;1960 ;</p><p>Nationality: Myanmar/Burma;</p><p>Gender: Male</p><p>National ID: 12/La Ma Na (N)&#160;089&#160;489</p></td><td><p>Admiral Tin Aung San is the Commander-in-Chief of the Myanmar Navy and serves as the Minister of Transport and Communication. He is also member of the State Administration Council (SAC).</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on&#160;8&#160;November&#160;2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on&#160;1&#160;February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On&#160;2&#160;February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Admiral Tin Aung San was appointed Minister of Transport and Communication on&#160;3&#160;February&#160;2021 by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing.</p><p>As a Government Minister, he is responsible for communication and networks and thus makes decisions and implement policies that define the freedom of access to data on-line. Since he took over the ministry, there have been numerous shutdowns and deliberate slowing-downs of the internet, as well as orders for providers to prevent Facebook, Twitter and Instagram on-line. He is therefore directly responsible for limiting press freedom and access to information on-line and by doing so he is undermining democracy and rule of law in Myanmar/Burma.</p><p>Being a member of the SAC, Tin Aung San has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma. He is also directly responsible for the repressive decisions taken by the SAC, including legislation that violates human rights and limits freedoms of citizens of Myanmar, and for the serious human rights violations committed by the Myanmar security forces.</p></td><td><p>&#160;</p></td></tr><tr><td><p>41.</p></td><td><p>Thida Oo</p><p>a.k.a. Daw Thida Oo</p></td><td><p>Nationality: Myanmar/Burma;</p><p>Gender: Female</p></td><td><p>Thida Oo has been the Attorney-General of the Union of Myanmar since&#160;2&#160;February&#160;2021, when she was appointed by the Commander-in-Chief of the Myanmar Armed Forces (Tatmadaw) Min Aung Hlaing. She is a member of the Myanmar Investment Commission (MIC).</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on&#160;8&#160;November&#160;2020 and overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on&#160;1&#160;February transferring the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On&#160;2&#160;February, the State Administration Council (SAC) was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Thida Oo has been part of the government that emerged from the coup since its first day, using the power granted by the&#160;2010 Attorney General of the Union Law to pursue politically motivated trials and subsequent arbitrary detention and to act as an enabling force for the abuses committed by the military regime. She is therefore engaged in actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma.</p></td><td><p>&#160;</p></td></tr><tr><td><p>42.</p></td><td><p>Aung Lin Tun</p></td><td><p>Nationality: Myanmar/Burma;</p><p>Gender: Male</p></td><td><p>Major General Aung Lin Tun is a member of the Myanmar Armed Forces (Tatmadaw) and serves as Deputy Minister of Defence.</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on&#160;8&#160;November&#160;2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on&#160;1&#160;February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On&#160;2&#160;February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Major General Aung Lin Tun was appointed Deputy Minister of Defence on&#160;11&#160;May&#160;2021 by the State Administrative Council (SAC), led by Commander-in-Chief Min Aung Hlaing. Before his promotion, he was part of the Office of the Chief Commander of the Army and was involved in all repressive actions taken by SAC and Tatmadaw since the coup.</p><p>As Deputy Minister of Defence, Major General Aung Lin Tun is engaged in policies and activities undermining democracy and the rule of law in Myanmar/Burma as well as actions that threaten the peace, security and stability of the country. Additionally, being a member of the military regime, Major General Aung Lin Tun is directly responsible for serious human rights violations committed by the security forces against peaceful protesters.</p></td><td><p>&#160;</p></td></tr><tr><td><p>43.</p></td><td><p>Zaw Min Tun</p></td><td><p>Place of birth: Yenanchaung, Myanmar;</p><p>Nationality: Myanmar/Burma;</p><p>Gender: Male</p></td><td><p>Brigadier-General Zaw Min Tun is the Press Team Leader of the State Administrative Council and the Deputy Minister for Information. He was the former Head of the Tatmadaw&#8217;s True News Information Team.</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on&#160;8&#160;November&#160;2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on&#160;1&#160;February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On&#160;2&#160;February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.</p><p>He was appointed SAC Press Team Leader on&#160;5&#160;February&#160;2021 and Deputy Minister for Information on&#160;7&#160;February&#160;2021 by the State Administrative Council (SAC) led by Commander-in-Chief Min Aung Hlaing.</p><p>As State Administration Council&#8217;s spokesperson, Brigadier-General Zaw Min Tun has presided over all the SAC&#8217;s press conferences, which aim to relay and justify SAC&#8217;s narratives over the coup and of the junta&#8217;s actions since then.</p></td><td><p>21.6.2021&#8217;;</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>As Government Deputy Minister of Information, he bears direct responsibility for state-owned media and thus for the broadcast and publication of official news. Since the nominations of Chit Naing as Minister of Information and Zaw Min Tung as his deputy, the newspapers have been filled with pro-military articles. Hence, Zaw Min Tun bears responsibility for junta propaganda and spreading disinformation through state media that are not reporting accurately. He also bears responsibility for decisions that led to the crackdown on Myanmar media. This includes directives, which ordered independent media not to use &#8220;coup&#8221;, &#8220;military regime&#8221; and &#8220;junta&#8221;, and which has seen local news outlets banned in the country and domestic and foreign journalists being arrested. In his statements, he publicly supports the military coup. He is therefore responsible for undermining democracy in Myanmar/Burma by limiting press freedom and access of information both on-line and off-line.</p><p>As member of both the SAC and the junta government, Brigadier-General Zaw Min Tun is engaged in and provide support to actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma.</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>the following entries are added in the list headed &#8216;B. Legal persons, entities and bodies referred to in Article&#160;6(1)&#8217;:</p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Name</p></td><td><p>Identifying information</p></td><td><p>Reasons</p></td><td><p>Date of listing</p></td></tr><tr><td><p>&#8216;3.</p></td><td><p>Myanma Gems Enterprise (a.k.a. Myanmar Gems Enterprise)</p></td><td><p>Address: NO.70-072, Yarza, Thingaha Road, Thapyaygone Ward, Zabuthiri Township, Naypyitaw, Myanmar;</p><p>Type of entity: State-owned enterprise;</p></td><td><p>Myanmar Gems Enterprise (MGE) is a state-owned enterprise controlled by the Myanmar Armed Forces (Tatmadaw), responsible for drafting rules and regulations and for supervising and granting permits to local private entrepreneurs, organizing emporiums and special sales for the productive hades and gems sale. MGE operates under the instructions of the Ministry of Natural Resources and Environmental Conservation (MONREC), whose Minister has been appointed by the State Administrative Council (SAC).</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Place of registration: Myanmar;</p><p>Website: http://www.mge.gov.mm/</p></td><td><p>The Myanmar Armed Forces (Tatmadaw), has for a long time held significant jade and gemstone interests, especially through MGE&#8217;s leadership, which consists almost entirely of former military officials, and activities conducted by two military conglomerates (Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic Corporation Limited (MEC)). The coup of&#160;1&#160;February&#160;2021 has put MGE back under military control, allowing the Tatmadaw to significantly control the gem sector. MGE generates revenue for different department of the Myanmar State and through its various activities described above, the Tatmadaw is able to benefit directly or indirectly from the revenue generated by this sector, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law and to serious human rights violations in Myanmar/Burma.</p></td><td><p>&#160;</p></td></tr><tr><td><p>4.</p></td><td><p>Myanma Timber Enterprise</p><p>(a.k.a. Myanmar Timber Enterprise)</p></td><td><p>Address:</p><p>Head office: Gyogone Forest Compound, Bayint Naung Road, Insein Township, Yangin, Myanmar</p><p>Branch office: No&#160;72/74 Shawe Dagon Pagoda Road, Dagon Township, Yangon, Myanmar;</p><p>Type of entity: State-owned enterprise;</p><p>Place of registration: Myanmar;</p><p>Phone number: 01-3528789</p><p>Website: http://www.mte.com.mm/index.php/en</p></td><td><p>Myanma Timber Enterprise (MTE) is a state-owned enterprise operating under the Ministry of Natural Resources and Environmental Conservation (MONREC). MTE has exclusive rights on the production and the export of timber in Myanmar/Burma.</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the civilian legitimate Government in a coup d&#8217;&#233;tat and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On&#160;2&#160;February&#160;2021, the military regime appointed a new cabinet, including a new minister for Natural Resources and Environmental Conservation (MONREC). Through the SAC and the new cabinet, the military regime acquired control over and benefits from state-owned enterprises, including MTE. Therefore the Myanma Timber Enterprise and its subsidiaries are controlled by and generate revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law.</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>5.</p></td><td><p>Forest Products Joint Venture Corporation Limited</p></td><td><p>Address:</p><p>422/426(Rm&#160;2), 2nd Flr, Strand Rd., Corner of Botahtaung Pagoda St., FJVC Center, Ward (4), BTHG;</p><p>Type of entity: Joint Venture;</p><p>Place of registration: Myanmar;</p><p>Phone number: 01-9010742; 01-9010744; 09-443250050</p><p>Email: fjv.md@gmail.com</p></td><td><p>Forest Products Joint Venture Corporation Limited (FPJVC) operates in timber industry in Myanmar processing teak and hard wood. Despite being a public company, FPJVC is controlled by the State, which (i) holds the majority of FPJVC&#8217;s shares through the Ministry of Natural Resources and Environmental Conservation (MONREC) (10&#160;%) and the state-owned Myanma Timber Enterprise (MTE) (45&#160;%), and (ii) has the right to appoint the majority of the members of the Board of Directors of FPJVC (with&#160;3 members appointed by each of MONREC and MTE, respectively, out of eleven members).</p></td><td><p>21.6.2021</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the civilian legitimate Government in a coup d&#8217;&#233;tat and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On&#160;2&#160;February&#160;2021, the military regime appointed a new cabinet, including a new minister for Natural Resources and Environmental Conservation (MONREC). Through the SAC and the new cabinet, the military regime acquired control over and benefits from state-owned enterprises, including FPJVC. FPJVC is thus controlled by and generate revenue for the Tatmadaw, therefore contributing to its capabilities to carry out activities undermining democracy and the rule of law.</p></td><td><p>&#160;</p></td></tr><tr><td><p>6.</p></td><td><p>Myanmar War Veterans Organization</p></td><td><p>Address: Thukhuma Road, Datkhina Thiri Tsp, Naypyitaw Division, Myanmar;</p><p>Type of entity: Non-Governmental Organization;</p><p>Place of registration: Yangon, Myanmar;</p><p>Date of registration: 1973;</p><p>Phone number: (067)&#160;30485</p><p>Website: https://www.mwvo.org/Home/About</p></td><td><p>Myanmar War Veterans Organization (MWVO) is a non-governmental organization that aims at providing support to former members of the Myanmar Armed Forces (Tatmadaw). It is the main organization that weighs in on social and economic issues related to the military in the country.</p><p>On&#160;1&#160;February&#160;2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, seized power from the civilian legitimate Government in a coup d&#8217;&#233;tat and established the State Administration Council (SAC) to exercise legislative, executive and judicial powers of the State. On&#160;2&#160;February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.</p></td><td><p>21.6.2021&#8217;.</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>According to MWVO&#8217;s mandate, the non-governmental organization acts as a reserve force of the Tatmadaw and takes part in shaping the national defence and security policy. Additionally, MWVO organizes pro-regime rallies and practises people&#8217;s militia, therefore supporting Tatmadaw carrying out activities undermining democracy and the rule of law Myanmar/Burma.</p><p>The central patron group of MWVO is represented by high-ranking figures of Tatmadaw such as Commander-in-Chief Min Aung Hlaing and Deputy-Commander-in-Chief Soe Win. Members of the MWVO are part of the governance structure of the military-led conglomerates, the Myanmar Economic Holdings Limited (MEHL) and Myanmar Economic Corporation Limited (MEC). Therefore, MWVO is associated with persons and entities listed under Council Decision (CFSP)&#160;2013/184 and Council Regulation (EU) No&#160;401/2013.</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table>
ENG
32021D1000
<table><col/><col/><col/><col/><tbody><tr><td><p>29.6.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 172/11</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2022/1025 of 2 June 2022 on the position to be taken on behalf of the European Union at the fifteenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal with regard to certain amendments to paragraph 2 of Article 6 of that Convention THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof, Having regard to the proposal from the European Commission, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (&#8216;the Convention&#8217;) entered into force in&#160;1992 and was concluded by the Union by means of Council Decision 93/98/EEC&#160;<a>(<span>1</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Pursuant to the Convention, the Conference of the Parties is to consider and adopt, as required, amendments to the Convention. Amendments to the Convention are to be adopted at a meeting of the Conference of the Parties.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>In accordance with the procedure set out in Article&#160;17 of the Convention, the Conference of the Parties, at its fifteenth meeting in June 2022, will consider the proposal by the Russian Federation to amend paragraph 2 of Article&#160;6 of the Convention. That proposal aims to establish a&#160;30 day time limit for a State of import to respond to the notifier of a shipment of waste and includes one other change which is presented as editorial.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>It is appropriate to establish the position to be taken on the Union&#8217;s behalf at the fifteenth meeting of the Conference of the Parties on the proposal of the Russian Federation, as that amendment would be binding on the Union and affect the content of Union law, namely Regulation (EC) No&#160;1013/2006 of the European Parliament and of the Council&#160;<a>(<span>2</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The Union should not support the proposal of the Russian Federation to amend paragraph 2 of Article&#160;6 of the Convention. To do so would necessitate a long and heavy process to negotiate and it would be a long time before such an amendment would enter into force. It seems disproportionate to launch such process for an amendment, since the aims of the proposal could be achieved by other means. The Union should rather be open to and put forward or act upon initiatives designed to improve the functioning of the &#8216;prior informed consent&#8217; procedure, set out in Article&#160;6 of the Convention, provided such initiatives are broader in scope than the proposal submitted by the Russian Federation to the fifteenth meeting of the Conference of the Parties, are in line with broad Union policies and objectives and do not require an amendment to the Convention,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 1. The position to be taken on the Union’s behalf at the fifteenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal shall be not to support the proposal by the Russian Federation to amend paragraph 2 of Article 6 of the Convention. 2. The Union shall put forward an initiative or support initiatives by other Parties to the Convention to improve the functioning of the ‘prior informed consent’ procedure, set out in Article 6 of the Convention, at the fifteenth meeting of the Conference of the Parties to the Convention, provided that such initiatives: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>are designed to improve the functioning of the &#8216;prior informed consent&#8217; procedure, by addressing the delays and problems experienced by States of export, import or transit in handling notifications and by supporting the digitalisation of that procedure, so that wastes movements that are in compliance with the Convention can be carried out across borders without undue delay;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>do not necessitate the amendment of the Convention;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>contribute to the environmentally sound management of waste and to the transition towards a global circular economy; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>contribute to the proper implementation of the control mechanisms laid down in the Convention and to legal certainty in that regard.</p></td></tr></tbody></table> Article 2 Refinement of the position referred to in Article 1, paragraph 2, of this Decision may, in the light of the developments at the fifteenth meeting of the Conference of the Parties to the Convention, be agreed to by representatives of the Union in consultation with the Member States during on-the-spot coordination meetings, without a further decision of the Council. Article 3 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 2 June 2022. For the Council The President A. DE MONTCHALIN <note> ( 1 ) Council Decision 93/98/EEC of 1 February 1993 on the conclusion, on behalf of the Community, of the Convention on the control of transboundary movements of hazardous wastes and their disposal (Basel Convention) ( OJ L 39, 16.2.1993, p. 1 ). ( 2 ) Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste ( OJ L 190, 12.7.2006, p. 1 ). </note>
ENG
32022D1025
<table><col/><col/><col/><col/><tbody><tr><td><p>20.5.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 148/76</p></td></tr></tbody></table> COMMISSION DELEGATED DIRECTIVE 2014/71/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 solder in one interface of large area stacked die elements (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: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Directive 2011/65/EU prohibits the use of lead in electrical and electronic equipment placed on the market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>SDE (stacked die elements) detector technology is used in X-ray detectors of computed tomography (CT) and X-ray systems. It offers advantages for patients as it reduces the necessary X-ray dose exposure. Large area SDE detectors cannot yet be produced with lead-free solders. The substitution and the elimination of lead are therefore scientifically and technically impracticable for the above-mentioned applications.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The use of lead in large area stacked die elements with more than 500 interconnects per interface used in X-ray detectors of CT and X-ray systems should therefore be exempted from the prohibition until 31 December 2019. In view of the innovation cycles of the medical devices and monitoring and control instruments sectors this is a relatively short transition period which is unlikely to have adverse impacts on innovation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Directive 2011/65/EU should therefore be amended accordingly,</p></td></tr></tbody></table> 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 38 is added: <table><col/><col/><tbody><tr><td><p>&#8216;38.</p></td><td><span>Lead in solder in one interface of large area stacked die elements with more than 500 interconnects per interface which are used in X-ray detectors of computed tomography and X-ray systems.</span><p>Expires on 31 December 2019. May be used after that date in spare parts for CT and X-ray systems placed on the market before 1 January 2020.&#8217;</p></td></tr></tbody></table>
ENG
32014L0071
<table><col/><col/><col/><col/><tbody><tr><td><p>30.7.2021&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 272/69</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2021/1250 of 26 July 2021 on the position to be adopted on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement (European Defence Fund) (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 173(3), Article 182(4), Article 183 and the second paragraph of Article 188, 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: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Agreement on the European Economic Area&#160;<a>(<span>2</span>)</a> (&#8216;the EEA Agreement&#8217;) entered into force on 1&#160;January 1994.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Pursuant to Article&#160;98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 on cooperation in specific fields outside the four freedoms (&#8216;Protocol 31&#8217;), annexed to the EEA Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Regulation (EU) 2021/697 of the European Parliament and of the Council&#160;<a>(<span>3</span>)</a> is to be incorporated into the EEA Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Protocol 31 to the EEA Agreement should therefore be amended accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The position of the Union in the EEA Joint Committee should therefore be based on the draft decision of the EEA Joint Committee,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The position to be adopted on behalf of the Union within the EEA Joint Committee on the proposed amendment of Protocol 31 on cooperation in specific fields outside the four freedoms, annexed to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee ( 4 ) . Article 2 This Decision shall enter into force on the date of its adoption. Done at Brussels, 26 July 2021. For the Council The President G. DOVŽAN <note> ( 1 ) OJ L 305, 30.11.1994, p. 6 . ( 2 ) OJ L 1, 3.1.1994, p. 3 . ( 3 ) Regulation (EU) 2021/697 of the European Parliament and of the Council of 29 April 2021 establishing the European Defence Fund and repealing Regulation (EU) 2018/1092 ( OJ L 170, 12.5.2021, p. 149 ). ( 4 ) See document ST 10693/21 at http://register.consilium.europa.eu. </note>
ENG
32021D1250
<table><col/><col/><col/><col/><tbody><tr><td><p>18.2.2015&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 43/1</p></td></tr></tbody></table> DIRECTIVE (EU) 2015/254 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 February 2015 repealing Council Directive 93/5/EEC on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee ( 1 ) , Acting in accordance with the ordinary legislative procedure ( 2 ) , Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In the framework of the Regulatory Fitness and Performance Programme (REFIT), the Commission is committed to achieving a simple, clear, stable and predictable regulatory framework for businesses, workers and citizens.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Council Directive 93/5/EEC<a>&#160;(<span>3</span>)</a> aims to ensure the smooth running of the Scientific Committee on Food by promoting the scientific support from the Member States to that Committee and by organising cooperation with the relevant national bodies on scientific issues regarding the safety of foodstuffs.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Pursuant to Regulation (EC) No 178/2002 of the European Parliament and of the Council<a>&#160;(<span>4</span>)</a>, the tasks of the Scientific Committee on Food referred to in Directive 93/5/EEC have been transferred to the European Food Safety Authority (EFSA), and those tasks are currently provided for by Regulation (EC) No 178/2002.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Commission Decision 97/579/EC<a>&#160;(<span>5</span>)</a> which established the Scientific Committee on Food has been repealed by Commission Decision 2004/210/EC<a>&#160;(<span>6</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Pursuant to Regulation (EC) No 178/2002, EFSA has also become the competent body to promote scientific cooperation with the Member States and relevant national bodies operating in the fields falling within EFSA's mission. In particular, Article 22 of Regulation (EC) No 178/2002 provides that EFSA is to act in close cooperation with the competent bodies in the Member States and that the Member States are to cooperate with EFSA to ensure the accomplishment of its mission.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Directive 93/5/EEC has therefore become obsolete and should be repealed,</p></td></tr></tbody></table> HAVE ADOPTED THIS DIRECTIVE: Article 1 Directive 93/5/EEC is repealed. Article 2 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 29 February 2016. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. Article 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 Strasbourg, 11 February 2015. For the European Parliament The President M. SCHULZ For the Council The President Z. KALNIŅA-LUKAŠEVICA <note> ( 1 ) OJ C 451, 16.12.2014, p. 157 . ( 2 ) Position of the European Parliament of 16 December 2014 (not yet published in the Official Journal) and Decision of the Council of 27 January 2015. ( 3 ) Council Directive 93/5/EEC of 25 February 1993 on assistance to the Commission and cooperation by the Member States in the scientific examination of questions relating to food ( OJ L 52, 4.3.1993, p. 18 ). ( 4 ) 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 the procedures in matters of food safety ( OJ L 31, 1.2.2002, p. 1 ). ( 5 ) Commission Decision 97/579/EC of 23 July 1997 setting up Scientific Committees in the field of consumer health and food safety ( OJ L 237, 28.8.1997, p. 18 ). ( 6 ) Commission Decision 2004/210/EC of 3 March 2004 setting up Scientific Committees in the field of consumer safety, public health and the environment ( OJ L 66, 4.3.2004, p. 45 ). </note>
ENG
32015L0254
02016R1095 — EN — 25.09.2022 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p>COMMISSION IMPLEMENTING REGULATION (EU) 2016/1095</p><p>of 6 July 2016</p><p>concerning the authorisation of Zinc acetate dihydrate, Zinc chloride anhydrous, Zinc oxide, Zinc sulphate heptahydrate, Zinc sulphate monohydrate, Zinc chelate of amino acids hydrate, Zinc chelate of protein hydrolysates, Zinc chelate of glycine hydrate (solid) and Zinc chelate of glycine hydrate (liquid) as feed additives for all animal species and amending Regulations (EC) No 1334/2003, (EC) No 479/2006, (EU) No 335/2010 and Implementing Regulations (EU) No 991/2012 and (EU) No 636/2013</p><p><a>(Text with EEA relevance)</a></p><p>(OJ L 182 7.7.2016, p. 7)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>COMMISSION IMPLEMENTING REGULATION (EU) 2022/1458&#160;of 2&#160;September 2022</a></p></td><td><p>&#160;&#160;L&#160;229</p></td><td><p>16</p></td><td><p>5.9.2022</p></td></tr></table> COMMISSION IMPLEMENTING REGULATION (EU) 2016/1095 of 6 July 2016 concerning the authorisation of Zinc acetate dihydrate, Zinc chloride anhydrous, Zinc oxide, Zinc sulphate heptahydrate, Zinc sulphate monohydrate, Zinc chelate of amino acids hydrate, Zinc chelate of protein hydrolysates, Zinc chelate of glycine hydrate (solid) and Zinc chelate of glycine hydrate (liquid) as feed additives for all animal species and amending Regulations (EC) No 1334/2003, (EC) No 479/2006, (EU) No 335/2010 and Implementing Regulations (EU) No 991/2012 and (EU) No 636/2013 (Text with EEA relevance) Article 1 Authorisation The substances specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘compounds of trace elements’, are authorised as additives in animal nutrition, subject to the conditions laid down in that Annex. Article 2 Amendment to Regulation (EC) No 1334/2003 In the Annex to Regulation (EC) No 1334/2003, from the entry E6 on the element Zinc-Zn the following additives: ‘Zinc acetate dihydrate’, ‘Zinc oxide’, ‘Zinc sulphate heptahydrate’, ‘Zinc sulphate monohydrate’, ‘Zinc chelate of amino acids hydrate’, and their chemical formulas and descriptions are deleted. Article 3 Amendment to Regulation (EC) No 479/2006 In the Annex to Regulation (EC) No 479/2006, the entry E6 on the additive ‘Zinc chelate of glycine hydrate’ is deleted. Article 4 Amendment to Regulation (EU) No 335/2010 In the Annex to Regulation (EU) No 335/2010, in the line 3b6.10 the eighth column is replaced by the following: ‘Dogs and cats: 200 (total) Salmonids and milk replacers for calves: 180 (total) Piglets, sows, rabbits and all fish species other than salmonids: 150 (total) Other species and categories: 120 (total)’. Article 5 Amendment to Implementing Regulation (EU) No 991/2012 In the Annex to Implementing Regulation (EU) No 991/2012, in the line 3b609 the eighth column is replaced by the following: ‘Dogs and cats: 200 (total) Salmonids and milk replacers for calves: 180 (total) Piglets, sows, rabbits and all fish species other than salmonids: 150 (total) Other species and categories: 120 (total)’. Article 6 Amendment to Implementing Regulation (EU) No 636/2013 In the Annex to Commission Implementing Regulation (EU) No 636/2013, in the line 3b611 the eighth column is replaced by the following: ‘Dogs and cats: 200 (total) Salmonids and milk replacers for calves: 180 (total) Piglets, sows, rabbits and all fish species other than salmonids: 150 (total) Other species and categories: 120 (total)’. Article 7 Transitional measures 1. Zinc acetate dihydrate, Zinc oxide, Zinc sulphate heptahydrate, Zinc sulphate monohydrate, Zinc chelate of amino acids hydrate and Zinc chelate of glycine hydrate and the zinc compounds authorised by Regulation (EU) No 335/2010 and Implementing Regulations (EU) No 991/2012 and (EU) No 636/2013 and premixtures containing them, which are produced and labelled before 27 January 2017 in accordance with the rules applicable before 27 July 2016 may continue to be placed on the market and used until the existing stocks are exhausted. 2. Feed materials and compound feed containing the substances referred to in paragraph 1 which are produced and labelled before 27 July 2017 in accordance with the rules applicable before 27 July 2016 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food producing animals. 3. Feed materials and compound feed containing the substances referred to in paragraph 1 which are produced and labelled before 27 July 2018 in accordance with the rules applicable before 27 July 2016 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food producing animals. 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. ANNEX <table><col/><col/><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Identification number of the additive</p></td><td><p>Name of the holder of authorisation</p></td><td><p>Additive</p></td><td><p>Composition, chemical formula, description, analytical method</p></td><td><p>Species or category of animal</p></td><td><p>Maximum age</p></td><td><p>Minimum content</p></td><td><p>Maximum content</p></td><td><p>Other provisions</p></td><td><p>End of period of authorisation</p></td></tr><tr><td><p>Content of element (Zn) in mg/kg of complete feed with a moisture content of 12&#160;%</p></td></tr><tr><td><p><span>Category of nutritional additives. Functional group: compounds of trace elements</span></p></td></tr><tr><td><p>3b601</p></td><td><p>&#8212;</p></td><td><p>Zinc acetate dihydrate</p></td><td><p><span>Additive composition</span></p><p>Zinc acetate dihydrate, as a powder with a minimum content of 29,6&#160;% zinc.</p><p><span>Characterisation of the active substance</span></p><p>Chemical formula: Zn(CH<span>3</span>COO)<span>2</span> &#903; 2H<span>2</span>O</p><p>CAS Number: 5970-45-6</p><p><span>Analytical methods</span>&#160;<a>(<span>1</span>)</a></p><p>For the quantification of the zinc acetate dihydrate in the feed additive:</p><div><p>&#8212;&#160;titration with sodium edetate (European Pharmacopoeia Monograph 1482).</p></div><p>For the quantification of total zinc in the feed additive and premixtures:</p><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES), or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;Commission Regulation (EC) No 152/2009&#160;<a>(<span>2</span>)</a> &#8212; Atomic Absorption Spectrometry (AAS); or</p></div><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES); or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27 July 2026</p></td></tr><tr><td><p>3b602</p></td><td><p>&#8212;</p></td><td><p>Zinc chloride anhydrous</p></td><td><p><span>Additive composition</span></p><p>Zinc chloride anhydrous, as a powder with a minimum content of 46,1&#160;% zinc.</p><p><span>Characterisation of the active substance</span></p><p>Chemical formula: ZnCl<span>2</span></p><p>CAS Number: 7646-85-7</p><p><span>Analytical methods</span>&#160;<a>(<span>1</span>)</a></p><p>For the quantification of the zinc chloride anhydrous in the feed additive:</p><div><p>&#8212;&#160;titration with sodium edetate (European Pharmacopoeia Monograph 0110).</p></div><p>For the quantification of total zinc in the feed additive and premixtures:</p><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES), or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion;</p></div><div><p>&#8212;&#160;ICP-AES CEN method (EN ISO&#160;11885); not for premixtures.</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;Regulation&#160;(EC)&#160;No&#160;152/2009 &#8212; Atomic Absorption Spectrometry (AAS); or</p></div><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES); or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a liquid premixture.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27 July 2026</p></td></tr><tr><td><p>3b603</p></td><td><p>&#8212;</p></td><td><p>Zinc oxide</p></td><td><p><span>Additive composition</span></p><p>Zinc oxide, as a powder with a minimum content of 72&#160;% zinc</p><p><span>Characterisation of the active substance</span></p><p>Chemical formula: ZnO</p><p>CAS Number: 1314-13-2</p><p><span>Analytical methods</span>&#160;<a>(<span>1</span>)</a></p><p>For the quantification of the zinc oxide in the feed additive:</p><div><p>&#8212;&#160;titration with sodium edetate (European Pharmacopoeia Monograph 0252).</p></div><p>For the quantification of total zinc in the feed additive and premixtures:</p><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES), or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;Regulation&#160;(EC)&#160;No&#160;152/2009 &#8212; Atomic Absorption Spectrometry (AAS); or</p></div><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES); or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27 July 2026</p></td></tr><tr><td><p>3b604</p></td><td><p>&#8212;</p></td><td><p>Zinc sulphate heptahydrate</p></td><td><p><span>Additive composition</span></p><p>Zinc sulphate heptahydrate, as a powder with a minimum content of 22&#160;% zinc.</p><p><span>Characterisation of the active substance</span></p><p>Chemical formula: ZnSO<span>4</span> &#903; 7H<span>2</span>O</p><p>CAS Number: 7446-20-0</p><p><span>Analytical methods</span>&#160;<a>(<span>1</span>)</a></p><p>For the quantification of the zinc sulphate heptahydrate in the feed additive:</p><div><p>&#8212;&#160;titration with sodium edetate (European Pharmacopoeia Monograph 0111).</p></div><p>For the quantification of total zinc in the feed additive and premixtures:</p><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES), or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;Regulation&#160;(EC)&#160;No&#160;152/2009 &#8212; Atomic Absorption Spectrometry (AAS); or</p></div><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES); or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27 July 2026</p></td></tr><tr><td><p>3b605</p></td><td><p>&#8212;</p></td><td><p>Zinc sulphate monohydrate</p></td><td><p><span>Additive composition</span></p><p>Zinc sulphate monohydrate, as a powder with a minimum content of 34&#160;% zinc.</p><p><span>Characterisation of the active substance</span></p><p>Chemical formula: ZnSO<span>4</span> &#903; H<span>2</span>O</p><p>CAS Number: 7446-19-7</p><p><span>Analytical methods</span>&#160;<a>(<span>1</span>)</a></p><p>For the quantification of the zinc sulphate monohydrate in the feed additive:</p><div><p>&#8212;&#160;titration with sodium edetate (European Pharmacopoeia Monograph 2159).</p></div><p>For the quantification of total zinc in the feed additive and premixtures:</p><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES), or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;Regulation&#160;(EC)&#160;No&#160;152/2009 &#8212; Atomic Absorption Spectrometry (AAS); or</p></div><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES); or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27 July 2026</p></td></tr><tr><td><p><a>&#9660;M1</a></p></td></tr><tr><td><p>3b606</p></td><td><p>&#8212;</p></td><td><p>Zinc chelate of amino acids hydrate</p></td><td><p><span>Characterisation of the additive</span></p><p>Preparation of zinc amino acid complex where the zinc and the amino acids derived from soya protein are chelated via coordinate covalent bonds, as a powder with a minimum content of 10&#160;% zinc.</p></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact, in particular due to the content of heavy metals including nickel. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27&#160;July 2026</p></td></tr><tr><td><p><span>Characterisation of the active substance</span></p><p>Chemical formula: Zn(x)1&#8211;3 &#903; nH2O, x = anion of any amino acid from soya protein hydrolysate.</p><p>Maximum of 10&#160;% of the molecules exceeding 1&#160;500 Da.</p></td></tr><tr><td><p><span>Analytical method</span>&#160;<a>(<span>1</span>)</a>:</p><p>For the quantification of amino acid content in the feed additive:</p><div><p>&#8212;&#160;ion exchange chromatography with post-column derivatisation and optical detection (IEC-VIS/FLD)</p></div><p>For the quantification of total zinc in the feed additive:</p><div><p>&#8212;&#160;inductively coupled plasma-atomic emission spectrometry, ICP-AES (EN 15510 or EN 15621) or</p></div><div><p>&#8212;&#160;atomic absorption spectrometry, AAS (ISO 6869)</p></div><p>For the quantification of total zinc in premixtures:</p><div><p>&#8212;&#160;inductively coupled plasma-atomic emission spectrometry, ICP-AES (EN 15510 or EN 15621) or</p></div><div><p>&#8212;&#160;atomic absorption spectrometry, AAS (ISO 6869) or</p></div><div><p>&#8212;&#160;inductively coupled plasma-mass spectrometry, ICP-MS (EN 17053)</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;inductively coupled plasma-atomic emission spectrometry, ICP-AES (EN 15510 or EN 15621) or</p></div><div><p>&#8212;&#160;atomic absorption spectrometry, AAS (Commission Regulation (EC) No&#160;152/2009 (Annex IV-C) or ISO 6869) or</p></div><div><p>&#8212;&#160;inductively coupled plasma-mass spectrometry, ICP-MS (EN 17053)</p></div></td></tr><tr><td><p>3b606i</p></td><td><p>&#8212;</p></td><td><p>Zinc chelate of amino acids hydrate</p></td><td><p><span>Characterisation of the additive</span></p><p>Preparation of zinc amino acid complex, where the zinc and the amino acids are chelated via coordinate covalent bonds, as a powder with a content of 10-11&#160;% zinc and a minimum of 17&#160;% free amino acids.</p></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact, in particular due to the content of heavy metals including nickel. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment including skin, and eye and breathing protections.</p><p>3.&#160;&#160;For additives produced from hydrolysis of animal protein, the animal origin (<span>avian species</span>) shall be indicated on the label of the additive and premixtures</p></td><td><p>27&#160;July 2026</p></td></tr><tr><td><p><span>Characterisation of the active substance</span></p><p>Chemical formula: Zn(x)<span>1-3</span>&#8226;nH<span>2</span>O, where x is equal to any amino acid coming from hydrolysed protein sources from feathers or plants;</p><p>Maximum 10&#160;% of molecules exceeding 1500 Da.</p></td></tr><tr><td><p><span>Analytical method</span>&#160;<a>(<span>1</span>)</a>:</p><p>For the quantification of amino acid content in the feed additive:</p><div><p>&#8212;&#160;ion exchange chromatography with post-column derivatisation and optical detection (IEC-VIS/FLD)), Commission Regulation 152/2009 (Annex III,F) and EN ISO 17180</p></div><p>For the quantification of total zinc in the feed additive:</p><div><p>&#8212;&#160;inductively coupled plasma-atomic emission spectrometry, ICP-AES (EN 15510 or EN 15621) or</p></div><div><p>&#8212;&#160;atomic absorption spectrometry, AAS (ISO 6869)</p></div><p>For the quantification of total zinc in premixtures:</p><div><p>&#8212;&#160;inductively coupled plasma-atomic emission spectrometry, ICP-AES (EN 15510 or EN 15621) or</p></div><div><p>&#8212;&#160;atomic absorption spectrometry, AAS (ISO 6869) or</p></div><div><p>&#8212;&#160;inductively coupled plasma-mass spectrometry, ICP-MS (EN 17053)</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;inductively coupled plasma-atomic emission spectrometry, ICP-AES (EN 15510 or EN 15621) or</p></div><div><p>&#8212;&#160;atomic absorption spectrometry, AAS (Commission Regulation (EC) No&#160;152/2009 (Annex IV-C) or ISO 6869) or</p></div><div><p>&#8212;&#160;inductively coupled plasma-mass spectrometry, ICP-MS (EN 17053)</p></div></td></tr><tr><td><p><a>&#9660;B</a></p></td></tr><tr><td><p>3b612</p></td><td><p>&#8212;</p></td><td><p>Zinc chelate of protein hydrolysates</p></td><td><p><span>Additive composition</span></p><p>Zinc chelate of protein hydrolysates as a powder with a minimum content of 10&#160;% zinc.</p><p>Minimum of 85&#160;% zinc chelated.</p><p><span>Characterisation of the active substance</span></p><p>Chemical formula: Zn(x)<span>1&#8211;3</span> &#903; nH<span>2</span>O, x = anion of protein hydrolysates containing any amino acid from soya protein hydrolysate.</p><p><span>Analytical methods</span>&#160;<a>(<span>1</span>)</a></p><p>For the quantification of protein hydrolysates content in the feed additive:</p><div><p>&#8212;&#160;ion exchange chromatography method with post-column derivatisation and UV&#160;or fluorescence detection: Regulation (EC) No 152/2009 (Annex III, F).</p></div><p>For the determination of chelated Zinc content in the feed additive:</p><div><p>&#8212;&#160;Fourier Transformed Infrared (FTIR) spectroscopy followed by multivariate regression methods.</p></div><p>For the quantification of total zinc in the feed additive and premixtures:</p><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES), or</p></div><div><p>&#8212;&#160;EN/TS 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;Regulation&#160;(EC)&#160;No&#160;152/2009 &#8212; Atomic Absorption Spectrometry (AAS); or</p></div><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES); or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;Zinc chelate of protein hydrolysates may be placed on the market and used as an additive consisting of a preparation.</p><p>3.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27 July 2026</p></td></tr><tr><td><p>3b607</p></td><td><p>&#8212;</p></td><td><p>Zinc chelate of glycine hydrate (solid)</p></td><td><p><span>Additive composition</span></p><p>Zinc chelate of glycine, hydrate, as a powder with a minimum content of 15&#160;% zinc.</p><p>Moisture: maximum 10&#160;%.</p><p><span>Characterisation of the active substance</span></p><p>Chemical formula: Zn(x)<span>1-3</span> &#903; nH<span>2</span>O, x = anion of glycine.</p><p><span>Analytical methods</span>&#160;<a>(<span>1</span>)</a></p><p>For the quantification of the glycine content in the feed additive:</p><div><p>&#8212;&#160;ion exchange chromatography method with post-column derivatisation and UV or fluorescence detection: Regulation (EC) No&#160;152/2009 (Annex III, F).</p></div><p>For the quantification of total zinc in the feed additive and premixtures:</p><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES), or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;Regulation (EC) No 152/2009 &#8212; Atomic Absorption Spectrometry (AAS); or</p></div><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES); or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27 July 2026</p></td></tr><tr><td><p>3b608</p></td><td><p>&#8212;</p></td><td><p>Zinc chelate of glycine hydrate (liquid)</p></td><td><p><span>Additive composition</span></p><p>Liquid zinc chelate of glycine, hydrate, with a minimum content of 7&#160;% zinc.</p><p><span>Characterisation of the active substance</span></p><p>Chemical formula: Zn(x)<span>1-3</span> &#903; nH<span>2</span>O, x = anion of glycine.</p><p><span>Analytical methods</span>&#160;<a>(<span>1</span>)</a></p><p>For the quantification of the glycine content in the feed additive:</p><div><p>&#8212;&#160;ion exchange chromatography method with post-column derivatisation and UV or fluorescence detection: Regulation (EC) No 152/2009 (Annex III, F).</p></div><p>For the quantification of total zinc in the feed additive and premixtures:</p><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES), or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div><p>For the quantification of total zinc in feed materials and compound feed:</p><div><p>&#8212;&#160;Regulation&#160;(EC)&#160;No&#160;152/2009 &#8212; Atomic Absorption Spectrometry (AAS); or</p></div><div><p>&#8212;&#160;EN 15510: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES); or</p></div><div><p>&#8212;&#160;EN 15621: Inductively Coupled Plasma &#8212; Atomic Emission Spectrometry (ICP-AES) after pressure digestion.</p></div></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>Dogs and cats: 200 (total)</p><p>Salmonids and milk replacers for calves: 180 (total)</p><p>Piglets, sows, rabbits and all fish other than salmonids: 150 (total)</p><p>Other species and categories: 120 (total)</p></td><td><p>1.&#160;&#160;The additive shall be incorporated into feed in the form of a premixture.</p><p>2.&#160;&#160;Zinc chelate of glycine (liquid) may be placed on the market and used as an additive consisting of a preparation.</p><p>3.&#160;&#160;For users of the additive and premixtures, feed business operators shall establish operational procedures and appropriate organisational measures to address the potential risks by inhalation, dermal contact or eyes contact. Where risks cannot be reduced to an acceptable level by these procedures and measures, the additive and premixtures shall be used with appropriate personal protective equipment.</p></td><td><p>27 July 2026</p></td></tr><tr><td><div><a>(<span>1</span>)&#160;&#160;&#160;</a><p>Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports</p></div><div><a>(<span>2</span>)&#160;&#160;&#160;</a><p>Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (OJ L 54, 26.2.2009, p. 1).</p></div></td></tr></tbody></table>
ENG
02016R1095-20220925
<table><col/><col/><col/><col/><tbody><tr><td><p>8.1.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>LI 4/7</p></td></tr></tbody></table> COUNCIL IMPLEMENTING DECISION (CFSP) 2020/9 of 7 January 2020 implementing Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 31(2) thereof, Having regard to Council Decision (CFSP) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali ( 1 ) and in particular Article 3 thereof, Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 28 September 2017, the Council adopted Decision (CFSP) 2017/1775.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>On 19 December 2019, the United Nations Security Council Sanctions Committee established by paragraph 9 of United Nations Security Council Resolution 2374 (2017) added five persons to the list of persons and entities subject to an assets freeze as set out in paragraphs 4 to 7 of Resolution 2374 (2017).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The Annex to Decision (CFSP) 2017/1775 should be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The Annex to Decision (CFSP) 2017/1775 is hereby 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 Brussels, 7 January 2020. For the Council The President A. METELKO-ZGOMBIĆ ( 1 ) OJ L 251, 29.9.2017, p. 23 . ANNEX The following persons are added to Part B (List of persons referred to in Article 2(1)) of the Annex to Decision (CFSP) 2017/1775: ‘1. AHMED AG ALBACHAR (alias: Intahmadou Ag Albachar) Designation: President of the Humanitarian Commission of the Bureau Regional d’Administration et Gestion de Kidal Date of birth: 31 Dec. 1963 Place of birth: Tin-Essako, Kidal region, Mali Nationality: Mali Mali National identification no: 1 63 08 4 01 001 005E Address: Quartier Aliou, Kidal, Mali Date of UN designation: 10 July 2019 Other information : Ahmed Ag Albachar is a prominent businessman and, since early 2018, a special advisor to the Governor of Kidal region. An influential member of the Haut Conseil pour l'unité de l'Azawad (HCUA), belonging to the Ifoghas Tuareg community, Ahmed Ag Albachar also mediates relations between the Coordination des Mouvements de l’Azawad (CMA) and Ansar Dine (QDe.135). Additional information Ahmed Ag Albachar is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement; and paragraph 8 (e) of resolution 2374 (2017) for obstructing the delivery of humanitarian assistance to Mali, or access to, or distribution of, humanitarian assistance in Mali. In January Ag Albachar uses his influence to control and choose which humanitarian and development projects take place in the Kidal region, who implements them, where and when. No humanitarian action can be undertaken without his knowledge and approval. As self-proclaimed president of the humanitarian commission, Ag Albachar is in charge of granting residence and work permits of aid workers in exchange for money or services. The commission also controls which companies and individuals can participate in bids for projects that NGOs advertise in Kidal, granting Ag Albachar the power to manipulate humanitarian action in the region and choose those who work for NGOs. Aid distributions can only be conducted under his oversight, thereby influencing who benefits from the distributions. Additionally, Albachar uses unemployed youths to intimidate and extort NGOs, severely hindering their work. The humanitarian community at large works in fear in Kidal, but especially national staff who are more vulnerable. Ahmed Ag Albachar is also the co-owner of Timitrine Voyage transport company; one of the few transport companies that NGOs are authorised to use in Kidal. Ag Albachar, together with a dozen of other transport companies owned by a small clique of influential Ifoghas Tuareg notables, usurps a significant share of humanitarian aid in Kidal. Moreover, the monopoly position maintained by Ag Albachar, renders aid delivery in certain communities more difficult than others. Albachar is manipulating humanitarian aid to fulfil his personal interests and the political interests of the HCUA by exercising terror, threatening NGOs and controlling their operations, all of which results in obstruction and hindrance of aid affecting beneficiaries in need in the region of Kidal. Therefore, Ahmed Ag Albachar obstructs the delivery of humanitarian assistance to Mali, or access to, or distribution of, humanitarian assistance in Mali. His actions also violate article 49 of the Agreement on Peace and Reconciliation in Mali that commits parties to respect the principles of humanity, neutrality, impartiality and independence which guide humanitarian action, to prevent any use of humanitarian aid for political, economic or military ends, and to facilitate access for humanitarian agencies and guarantee the security of their personnel. Therefore, Albachar obstructs or threatens the implementation of the Agreement. 2. HOUKA HOUKA AG ALHOUSSEINI (alias: a) Mohamed Ibn Alhousseyni b) Muhammad Ibn Al-Husayn c) Houka Houka) Title: Cadi Date of birth: a) 1 Jan. 1962 b) 1 Jan. 1963 c) 1 Jan. 1964 Place of birth: Ariaw, Tombouctou region, Mali Nationality: Mali Date of UN designation: 10 July 2019 Other information : Houka Houka Ag Alhousseini was appointed by Iyad Ag Ghaly (QDi.316) as the Cadi of Timbuktu in April 2012 after the establishment of the jihadist caliphate in northern Mali. Houka Houka used to work closely with the Hesbah, the Islamic police headed by Ahmad Al Faqi Al Mahdi, jailed at the Detention Centre of the International Criminal Court in The Hague since September 2016. Additional information Houka Houka Ag Alhousseini is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement. After the French forces intervention in January 2013, Houka Houka Ag Alhousseini was arrested on 17 January 2014 but subsequently released by Malian authorities on 15 August 2014, a liberation denounced by human rights organisations. Houka Houka Ag Alhousseini has been since based in Ariaw, in the area of Zouéra, a village located west of Timbuktu (Essakane commune), on the bank of the lake Faguibine going towards the Mauritanian border. On 27 September 2017, he was officially reinstated here as a teacher by the Governor of Timbuktu, Koina Ag Ahmadou, this after lobbying by sanctioned individual Mohamed Ousmane Ag Mohamidoune (MLi.003), leader of the Coalition du peuple de l’Azawad (CPA), listed on 20 December 2018 by the Security Council Committee on Mali for reasons including actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement. Mohamed Ousmane founded in 2017 and presided a broader alliance of splinter groups, the Coalition des Mouvements de l’Entente (CME). During its founding convention, the CME openly threatened in an official statement the implementation of the Agreement on Peace and Reconciliation in Mali. The CME has been also involved in obstructions delaying the implementation of the Agreement, by pressuring the Malian government and the international community with the aim to impose the CME in the different mechanisms established by the Agreement. Houka Houka and Mohamed Ousmane have been instrumental to each others’ rise, the latter facilitating meetings with government officials, and the first playing a key role in the expansion of Ousmane’s influence over the region of Timbuktu. Houka Houka has participated in most of the community gatherings organized by Mohamed Ousmane since 2017, contributing to Ousmane’s notoriety and credibility in the region, as well as to the founding ceremony of the Coalition des Mouvements de l’Entente (CME) to which he gave his public blessing. The area of influence of Houka Houka has recently expanded further east, to the Ber region (stronghold of the Bérabich Arabs located 50 kilometres east of Timbuktu), and northern Timbuktu. Even though he is not from a lineage of Cadis and that he started only in 2012, Houka Houka was able to extend his authority as a Cadi and his capacity to maintain public security in certain areas by using Al-Furqan assets and the fear that this terrorist organisation instigates in the Timbuktu region through complex attacks against international and Malian defence and security forces and targeted assassinations. Therefore, through his support for Mohamed Ousmane and his obstruction of the Agreement, Houka Houka Ag Alhousseini threatens its implementation, as well as the peace, security, and stability in Mali at large. 3. MAHRI SIDI AMAR BEN DAHA (alias a) Yoro Ould Daha b) Yoro Ould Daya c) Sidi Amar Ould Daha d) Yoro) Designation: Deputy chief of staff of the regional coordination of the Mécanisme opérationnel de coordination (MOC) in Gao Date of birth: 1 Jan. 1978 Place of birth: Djebock, Mali Nationality: Mali Mali National identification no: 11262/1547 Address: Golf Rue 708 Door 345, Gao, Mali Date of UN designation: 10 July 2019 Other information : Mahri Sidi Amar Ben Daha is a leader of the Lehmar Arab community of Gao and military chief of staff of the pro-governmental wing of the Mouvement Arabe de l’Azawad (MAA), associated to the Plateforme des mouvements du 14 juin 2014 d’Alger (Plateforme) coalition. Additional information Mahri Sidi Amar Ben Daha is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement. Ben Daha was a high-ranking officer of the Islamic police operating in Gao when the Mouvement pour l’unicité et le jihad en Afrique de l’Ouest (MUJAO) (QDe.134) controlled the town from June 2012 to January 2013. Ben Daha currently is deputy chief of staff of the regional coordination of the Mécanisme opérationnel de coordination (MOC) in Gao. On 12 November 2018, the Plateforme in Bamako declared not to participate in forthcoming regional consultations, scheduled to be held from 13 to 17 November in accordance with the March 2018 roadmap agreed upon by all parties to the Peace and reconciliation Agreement in March 2018. The next day, in Gao, a coordination meeting was held by the military chief of staff of the Ganda Koy component of Coordination des mouvements et fronts patriotiques de résistance (CMFPR)-Plateforme, with representatives the MAA-Plateforme, to prevent the consultations to take place. The blockade was coordinated with Plateforme leadership in Bamako, the MAA-Plateforme, as well as Member of Parliament Mohamed Ould Mataly. From 14 to 18 November 2018, dozens of MAA-Plateforme combatants together with those of the CMFPR factions obstructed the holding of regional consultations. Operating under the instruction and with the participation of Ben Daha, at least six pick-up truck vehicles from the Mouvement Arabe de l’Azawad (MAA-Plateforme) were positioned in front of the Gao governorate and its vicinity. Two MOC vehicles attributed to MAA-Plateforme were also observed at the scene. On 17 November 2018, an incident took place between armed elements blocking access to the governorate and a FAMa patrol passing by the area, but was diffused before it could escalate and constitute a cease-fire violation. On 18 November 2018, a total of twelve vehicles and armed elements lifted the blockade of the governorate following a latest round of negotiations with the governor of Gao. On 30 November 2018, Ben Daha organized an inter-Arab meeting in Tinfanda to discuss security and administrative restructuring. The meeting also included sanctioned individual Ahmoudou Ag Asriw (MLi.001) whom Ben Daha supports and defends. Therefore, through effectively blocking discussions on key provisions of the Peace and Reconciliation Agreement related to the reform of the territorial structure of northern Mali, Ben Daha has obstructed the implementation of the Peace and Reconciliation Agreement. In addition, Ben Daha supports an individual identified as threatening the implementation of the Agreement through his involvement in ceasefire violations and organized criminal activity. 4. MOHAMED BEN AHMED MAHRI (alias a) Mohammed Rougi b) Mohamed Ould Ahmed Deya c) Mohamed Ould Mahri Ahmed Daya d) Mohamed Rougie e) Mohamed Rouggy f) Mohamed Rouji) Date of birth: 1 Jan. 1979 Place of birth: Tabankort, Mali Nationality: Mali Passport no: a) AA00272627 b) AA0263957 Address: Bamako, Mali Date of UN designation: 10 July 2019 Other information : Mohamed Ben Ahmed Mahri is a businessman from the Arab Lehmar community in Gao region who previously collaborated with the Mouvement pour l’unicité et le Jihad en Afrique de l’Ouest (MUJAO) (QDe.134). Additional information Mohamed Ben Ahmed Mahri is being listed pursuant to paragraph 8 (c) of resolution 2374 (2017) for acting for or on behalf of or at the direction of or otherwise supporting or financing individuals and entities identified in paragraphs 8 (a) and (b) of resolution 2374 (2017), including through the proceeds from organized crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms as well as the trafficking in cultural property. Between December 2017 and April 2018, Mohamed Ben Ahmed Mahri commanded a trafficking operation of over 10 tons of Moroccan cannabis, moved in cooling trucks through Mauretania, Mali, Burkina Faso and Niger. In the night of 13 to 14 June 2018 a quarter of the shipment was confiscated in Niamey, while a rival group had allegedly stolen the remaining three quarters during the night of 12 and 13 April 2018. In December 2017, Mohamed Ben Ahmed Mahri was in Niamey with a Malian national to prepare the operation. The latter was arrested in Niamey after he had flown in from Morocco with two Moroccan and two Algerian Nationals on 15 and 16 April 2018 to try and recuperate stolen cannabis. Three of his associates were also arrested, including a Moroccan national, who had been sentenced in Morocco in 2014 to five months imprisonment for drug trafficking. Mohamed Ben Ahmed Mahri commands trafficking of cannabis resin to Niger straight through northern Mali, making use of convoys led by members of the Groupe d’autodéfense des Touaregs Imghad et leurs allies (GATIA), including sanctioned individual Ahmoudou Ag Asriw (MLi.001). Mohamed Ben Ahmed Mahri compensates Asriw for the use of these convoys. These convoys frequently generate clashes with competitors associated with the Coordination des Mouvements de l’Azawad (CMA). Using his financial gains made in narcotics trafficking, Mohamed Ben Ahmed Mahri lends his support to terrorist armed groups, notably the sanctioned entity Al-Mourabitoun (QDe.141), attempting to bribe officials to release arrested combatants and facilitating fighters to integrate in the Mouvement Arab pour l’Azawad (MAA) Plateforme. Therefore, through the proceeds from organized crime, Mohamed Ben Ahmed Mahri supports an individual identified under paragraph 8(b) of resolution 2374 (2007) as threatening the implementation of the Agreement on Peace and Reconciliation in Mali, in addition to a terrorist group designated under resolution 1267. 5. MOHAMED OULD MATALY Designation: Member of Parliament Date of birth: 1958 Nationality: Mali Passport no: D9011156 Address: Golf Rue 708 Door 345, Gao, Mali Date of UN designation: 10 July 2019 Other information : Mohamed Ould Mataly is the former Mayor of Bourem and current Member of Parliament for Bourem’s constituency, part of the Rassamblement pour le Mali (RPM, President Ibrahim Boubacar Keita’s political party). He is from the Lehmar Arab community and an influential member of the pro-governmental wing of the Mouvement Arabe de l’Azawad (MAA), associated to the Plateforme des mouvements du 14 juin 2014 d’Alger (Plateforme) coalition. Additional information Mohamed Ould Mataly is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement. On 12 November 2018, the Plateforme in Bamako declared not to participate in forthcoming regional consultations, scheduled to be held from 13 to 17 November in accordance with the March 2018 roadmap agreed upon by all parties to the Peace and reconciliation Agreement in March 2018. The next day, in Gao, a coordination meeting was held by the military chief of staff of the Ganda Koy component of Coordination des mouvements et fronts patriotiques de résistance (CMFPR)-Plateforme, with representatives the MAA-Plateforme, to prevent the consultations to take place. The blockade was coordinated with Plateforme leadership in Bamako, the MAA-Plateforme, as well as member of parliament Mohamed Ould Mataly. His close associate Mahri Sidi Amar Ben Daha, alias Yoro Ould Daha, who resides in his property in Gao, participated in the blockade of the venue of the consultation at the Governor’s office during this period. Furthermore, on 12 July 2016 Ould Mataly was also one of the instigators of demonstrations hostile to the implementation of the Agreement. Therefore, through effectively blocking discussions on key provisions of the Peace and Reconciliation Agreement related to the reform of the territorial structure of northern Mali, Ould Mataly has obstructed and caused delays to the implementation of the Peace and Reconciliation Agreement. Lastly, Ould Mataly has pleaded for the release of members of his community captured in counter-terrorist operations. Through his involvement in organised crime and association with terrorist armed groups, Mohamed Ould Mataly threatens the implementation of the Agreement.’
ENG
32020D0009
<table><col/><col/><col/><col/><tbody><tr><td><p>25.2.2017&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 49/36</p></td></tr></tbody></table> COMMISSION DECISION (EU) 2017/329 of 4 November 2016 on the measure SA.39235 (2015/C) (ex 2015/NN) implemented by Hungary on the taxation of advertisement turnover (notified under document C(2016) 6929) (Only the Hungarian text is authentic) (Text with EEA relevance) 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 <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In July 2014, the Commission became aware that Hungary had adopted a legislative act on the basis of which turnover from advertising activities is taxed (hereinafter: &#8216;the advertisement tax&#8217;). By letter of 13 August 2014, the Commission sent an information request to the Hungarian authorities, to which they replied by letter of 2&#160;October 2014. By letter of 1 December 2014, the Hungarian authorities were asked another set of questions, in response to which they submitted additional information by letter of 16 December 2014.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>By letter of 2 February 2015, the Hungarian authorities were informed that the Commission would consider issuing a suspension injunction decision in accordance with Article 11(1) of Council Regulation (EC) No 659/1999<a>&#160;(<span>2</span>)</a>. By letter of 17&#160;February 2015, the Hungarian authorities submitted their comments on that letter.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>By decision of 12 March 2015, the Commission informed Hungary that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty (hereinafter: &#8216;the Opening Decision&#8217;) and issue a suspension injunction in accordance with Article 11(1) of Regulation (EC) No 659/1999 in respect of the measure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The Opening Decision and suspension injunction were published in the<span>Official Journal of the European Union</span><a>&#160;(<span>3</span>)</a>. The Commission invited interested parties to submit their comments on the measure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The Commission received comments from three interested parties. It forwarded them to the Hungarian authorities who were given the opportunity to react.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>On 21 April 2015, the Hungarian authorities sent a draft proposal to the Commission for an amendment of the advertisement tax. On 8 May 2015, the Commission requested information from Hungary as regards the planned amendment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>On 4 June 2015, Hungary amended the advertisement tax, without prior notification to &#8212; or authorisation by &#8212; the Commission. On 5 July 2015, the amendments entered into force.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>By letter of 6 July 2015, Hungary provided observations on the Opening Decision and on interested parties' comments, as well as clarifications on the amendment to the advertisement tax.</p></td></tr></tbody></table> 2. DETAILED DESCRIPTION OF THE ADVERTISEMENT TAX 2.1. SCOPE OF THE TAX AND TAX BASE <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>On 11 June 2014, Hungary adopted Act XXII of 2014 on Advertisement Tax (hereinafter: &#8216;the Act&#8217;), with further amendments on 4 July and 18 November 2014. The Act introduced a new special tax on turnover derived from the publication of advertisements in Hungary and applies in addition to existing business taxes, in particular income tax. According to Hungary, the purpose of the Act is to promote the principle of public burden sharing.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The advertisement tax is due on turnover derived from the publication of advertisements in the media spaces specified under the Act (e.g. in media services; in press materials; on outdoor advertising media; on any vehicle or immovable property; in printed material; and on the internet). The tax applies to all media undertakings and the taxable person is in principle the publisher of the advertisement. The territorial scope of the tax is Hungary.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>The tax base to which the tax is applied is the turnover of the publisher derived from the advertising services provided by it, without deduction of any costs. The tax base of affiliated companies is aggregated. Therefore, the applicable tax rate is determined by the advertising turnover derived by the entire group in Hungary.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>There is a special tax base for self-advertising, i.e. advertisement relating to the publisher's own products, goods, services, activities, name and appearance. In this case, the tax base to which the tax is applied is the costs directly incurred by the publisher in connection with publishing the advertisement.</p></td></tr></tbody></table> 2.2. PROGRESSIVE TAX RATES <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The Act laid down a progressive rates structure with rates ranging from 0 % and 1 % for companies with small or medium-sized advertising turnover to 50 % for companies with high advertising turnover as follows:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for the part of the turnover below HUF 0,5 billion: 0 %</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for the part of the turnover between HUF 0,5 billion and 5 billion: 1 %</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for the part of the turnover between HUF 5 billion and 10 billion: 10 %</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for the part of the turnover between HUF 10 billion and 15 billion: 20 %</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for the part of the turnover between HUF 15 billion and 20 billion: 30 %</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for the part of the turnover above HUF 20 billion: 50 %.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>The top bracket was increased from 40 % to 50 % as from 1 January 2015 by Act LXXIV of 2014 on the modification of certain tax and related legislation and the Act CXXII of 2010 on the National Tax and Customs Administration, which amended the Act.</p></td></tr></tbody></table> 2.3. DEDUCTION OF LOSSES CARRIED-FORWARD FROM THE 2014 TAX BASE <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>Under the Act, companies could deduct from their 2014 tax base 50 % of the losses carried-forward from the previous years under corporate and dividend tax law or personal income tax law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>An amendment of 4 July 2014 to that Act limits that deduction to companies that were not profit-making in 2013 (i.e. only if the amount of pre-tax profit in the 2013 business year is zero or negative). Therefore, companies that carried forward losses from previous years, but were profit-making in 2013, are not eligible for the deduction. According to Hungary, the objective of the amendment is to prevent tax avoidance and circumvention of tax obligations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>The possibility to deduct losses carried-forward applies only to the tax due for 2014. It does not apply to the tax due for 2015 or the following years.</p></td></tr></tbody></table> 2.4. DETERMINATION OF THE TAX LIABILITY AND DECLARATION <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>According to the Act, the taxpayer determines its tax liability by self-assessment and returns a declaration to the tax authority by the last day of the fifth month following the tax year.</p></td></tr></tbody></table> 2.5. PAYMENT OF THE TAX <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>The Act provides that the taxpayer shall determine and declare its tax liability, and pay the tax by the last day of the fifth month following the tax year.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>For 2014, the tax was due pro rata from the entry into force of the Act on 18 July 2014 on the basis of the advertising turnover of 2014. The taxpayer had to determine and declare a tax advance for 2014 (based on its advertising turnover of 2013) by 20&#160;August 2014, and pay it in two equal instalments by 20 August 2014 and 20&#160;November 2014.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>According to the provisional data received from the Hungarian authorities, as of 28&#160;November 2014, a total amount of HUF 2&#160;640&#160;100&#160;000 (~ EUR 8&#160;500&#160;000) was collected in tax advances for 2014. Approximately 80 % of the total tax revenue collected from those advances was paid by one group of companies.</p></td></tr></tbody></table> 2.6. THE AMENDMENTS INTRODUCED BY ACT LXII OF 2015 OF 4 JUNE 2015 <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>By Act LXII of 2015 of 4 June 2015, after the Opening Decision had been adopted, Hungary amended the Advertisement Tax Act by replacing the progressive scale of six tax rates ranging from 0 % to 50 % by a dual rate system as follows:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>0 % applicable on the part of the turnover that does not exceed HUF 100 million, and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>5,3 % applicable on the turnover that exceeds HUF 100 million.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>The amendment introduces an optional retroactive application back to the entry into force of the Act in 2014. In other words, taxpayers can choose, for the past, to be subject either to the new dual rate system or to remain subject to the old progressive scale of six tax rates.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>The provisions on deduction from the 2014 tax base of losses carried-forward, which is limited to companies that were not profit-making in 2013, remain unchanged.</p></td></tr></tbody></table> 3. THE FORMAL INVESTIGATION PROCEDURE 3.1. GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE <table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>The Commission opened the formal investigation procedure because it considered at that stage that the progressivity of the tax rates and the provisions on the deduction of losses carried-forward from the tax base as laid down in the Act constituted State aid.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>The Commission considered that the progressive tax rates differentiate between undertakings with high advertisement revenues (and thus larger undertakings) and undertakings with low advertisement revenues (and thus smaller undertakings), and grant a selective advantage to the latter based on their size. The Commission had doubts whether ability to pay, which has been referred to by Hungary, could serve as the guiding principle for turnover taxes. The Commission therefore considered, on a preliminary basis, that the progressive character of the advertisement tax rate under the Act constituted State aid, since all the other criteria for such a qualification also seemed to be fulfilled.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>The Commission also considered that the provisions of the Act allowing the deduction of past losses carried-forward under corporate and dividend tax law or personal income tax law from the tax due and, in particular, the limitation to undertakings that were not profit-making in 2013, differentiate between companies that are, in the light of a turnover-based tax, in a comparable situation. It considered that the provisions appear to grant a selective advantage to undertakings which were not profit-making in 2013 compared to undertakings which were not profit making the years before or have not been loss making at all. The Commission considered that differential treatment not to be justified by the nature and logic of the tax system, in particular since Hungary has argued that the advertisement tax is based on the idea that the mere receipt of advertisement revenues justifies taxation. The Commission therefore considered that those provisions constitute State aid, since all the other criteria for such a qualification seemed to be fulfilled.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>The measures did not appear compatible with the internal market.</p></td></tr></tbody></table> 3.2. COMMENTS FROM INTERESTED PARTIES <table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>The Commission received comments from three interested parties.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>The<span>Hungarian Advertising Association</span> described the state of the advertisement industry in Hungary and expressed concerns about the advertisement tax as such. It considers that the tax places an additional burden on a sector already hit by decreasing revenues. It points out that any advertisement tax on small media companies can drive those companies out of the market because of their low profit margins.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p><span>TV2</span>, a Hungarian private TV operator, submitted comments only on the deduction of past losses carried-forward for corporate and personal income tax purposes. TV2 considers that the provision concerning the offsetting of past losses is non-selective because it falls within the scope of discretion of a Member State to design a turnover-based tax while at the same time taking into account elements of a tax based on the ability to pay. If the Commission were to find an element of selectivity in the rules on the deduction of past losses, this element could only be the further restriction to companies that were not profit-making in 2013, but not the general rule allowing for the deduction of past losses.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(32)</p></td><td><p><span>RTL</span> agrees with the Commission's assessment in the Opening Decision. It submitted that there are two additional elements of selectivity created by the advertisement tax: (i) the tax would benefit public broadcasters over commercial broadcasters, because the former are allegedly primarily financed through State funding and therefore less affected by the tax; (ii) the tax would benefit Hungarian-owned broadcasters over international players because Hungarian-owned broadcasters allegedly have typically lower advertising revenues than larger international players.</p></td></tr></tbody></table> 3.3. POSITION OF THE HUNGARIAN AUTHORITIES <table><col/><col/><tbody><tr><td><p>(33)</p></td><td><p>The Hungarian authorities contest that the measures constitute aid. In essence, they argue that the ability to pay is not only reflected by the profitability of an undertaking, but also by its market share and therefore its turnover. Hungary argues that progressive tax rates for a turnover-based tax are justified by the ability to pay and that it falls within the national competence to define the precise rate brackets. Hungary considers that the transitional measure for companies not profitable in 2013 is justified because for those companies the tax burden would be too high without this measure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(34)</p></td><td><p>Hungary contests the selective nature of the tax scheme, in particular, by arguing that there is no derogation from the reference system, since the system of reference in the case of progressive taxes is the combination of the tax base and the corresponding tax rates. Therefore, companies in the same legal and factual situation (that have the same tax base) are subject to the same amount of tax.</p></td></tr></tbody></table> 3.4. COMMENTS FROM HUNGARY ON INTERESTED PARTIES' COMMENTS <table><col/><col/><tbody><tr><td><p>(35)</p></td><td><p>Hungary stated that the submission of the Hungarian Advertisement Association correctly describes the functioning of the Hungarian advertisement market and, in particular, draws conclusions that smaller undertakings and new entrants are in a more difficult position than larger undertakings with higher turnover. Therefore, the position of smaller players in the advertisement market is not comparable with that of larger publishers which have the ability to pay more and should bear a progressively higher tax burden.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(36)</p></td><td><p>Hungary agrees with the comments of TV2 and points out that it follows from the judgment of the Court of Justice in the Gibraltar case that profitability as a taxation criterion is a general tax measure because it results from a random fact.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(37)</p></td><td><p>Hungary disagrees with the arguments of RTL on the grounds already explained in its previous submissions. Hungary further explains that the Act treats public and commercial broadcasters equally and any publication of advertisement for remuneration is subject to the same tax liability.</p></td></tr></tbody></table> 4. ASSESSMENT OF THE AID 4.1. PRESENCE OF STATE AID WITHIN THE MEANING OF ARTICLE 107(1) TFEU <table><col/><col/><tbody><tr><td><p>(38)</p></td><td><p>According to Article 107(1) of the TFEU, &#8216;save as otherwise provided in the Treaties, 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&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(39)</p></td><td><p>The qualification of a measure as aid within the meaning of this provision therefore requires the following cumulative conditions to be met: (i) the measure must be imputable to the State and financed through State resources; (ii) it must confer an advantage to its recipient; (iii) that advantage must be selective; and (iv) the measure must distort or threaten to distort competition and affect trade between Member States.</p></td></tr></tbody></table> 4.1.1. STATE RESOURCES AND IMPUTABILITY TO THE STATE <table><col/><col/><tbody><tr><td><p>(40)</p></td><td><p>To constitute State aid, a measure must be imputable to a Member State and financed through State resources.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(41)</p></td><td><p>Since the contested measures result from an Act of the Hungarian Parliament, it is clearly imputable to the Hungarian State.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(42)</p></td><td><p>As regards the measure's financing through State resources, where the result of a measure is that the State forgoes revenues which it would otherwise have to collect from an undertaking in normal circumstances, that condition is also fulfilled<a>&#160;(<span>4</span>)</a>. In the present case, Hungary waives resources it would otherwise have to collect from undertakings with a lower level of relevant turnover (and thus smaller undertakings), if they had been subject to the same level of tax as undertakings with a higher turnover (and thus larger undertakings).</p></td></tr></tbody></table> 4.1.2. ADVANTAGE <table><col/><col/><tbody><tr><td><p>(43)</p></td><td><p>According to the case-law of the Union Courts, the notion of aid embraces not only positive benefits, but also measures which, in various forms, mitigate the charges which are normally included in the budget of an undertaking<a>&#160;(<span>5</span>)</a>. An advantage may be granted through different types of reduction in a company's tax burden and, in particular, through a reduction in the applicable tax rate, taxable base or in the amount of the tax due<a>&#160;(<span>6</span>)</a>. Although a tax reduction does not involve a positive transfer of resources from the State, it gives rise to an advantage by virtue of the fact that it places the undertakings to which it applies in a more favourable financial position and results in a loss of income to the State<a>&#160;(<span>7</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(44)</p></td><td><p>The Act lays down progressive rates of taxation that apply to the annual turnover derived from the publication of advertisements in Hungary depending on the brackets into which an undertaking's turnover falls. The progressive character of those rates has the effect that the percentage of tax levied on an undertaking's turnover increases progressively depending on the number of brackets within which that turnover falls. This has the result that undertakings with low turnover (smaller undertakings) are taxed at a substantially lower average rate than undertakings with high turnover (larger undertakings). Being taxed at this substantially lower average tax rate mitigates the charges that undertakings with low turnover have to bear as compared to undertakings with high turnover and therefore constitutes an advantage to the benefit of smaller undertakings over larger undertakings for the purposes of Article&#160;107(1) of the Treaty.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(45)</p></td><td><p>Equally, the possibility under the Act to deduct losses carried-forward for corporate or personal income tax purposes constitutes an advantage for those undertakings that were not profit-making in 2013, since it reduces their tax base and thus their tax burden as compared to undertakings that cannot benefit from that deduction.</p></td></tr></tbody></table> 4.1.3. SELECTIVITY <table><col/><col/><tbody><tr><td><p>(46)</p></td><td><p>A measure is selective if it favours certain undertakings or the production of certain goods within the meaning of Article 107(1) of the Treaty. For fiscal schemes the Court of Justice has established that the selectivity of the measure should in principle be assessed by means of a three-step analysis<a>&#160;(<span>8</span>)</a>. First, the common or normal tax regime applicable in the Member State is identified: &#8216;the reference system&#8217;. Second, it should be determined whether a given measure constitutes a derogation from that system insofar as it differentiates between economic operators who, in light of the objectives intrinsic to the system, are in a comparable factual and legal situation. If the measure in question does not constitute a derogation from the reference system, it is not selective. If it does (and therefore is prima facie selective), it must be established, in the third step of the analysis, whether the derogatory measure is justified by the nature or the general scheme of the reference tax system<a>&#160;(<span>9</span>)</a>. If a prima facie selective measure is justified by the nature or the general scheme of the system, it will not be considered selective and it will thus fall outside the scope of Article&#160;107(1) of the Treaty.</p></td></tr></tbody></table> 4.1.3.1. System of reference <table><col/><col/><tbody><tr><td><p>(47)</p></td><td><p>The reference system constitutes the framework against which the selectivity of a measure is assessed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(48)</p></td><td><p>In the present case, the reference system is the application of a special advertisement tax on turnover derived from the provision of advertising services, i.e. the full remuneration received by publishers for the publication of advertisements, without deduction of any costs. The Commission does not consider that the progressive rate structure of the advertisement tax can form a part of that reference system.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(49)</p></td><td><p>As the Court of Justice has specified<a>&#160;(<span>10</span>)</a>, it is not always sufficient to confine the selectivity analysis to whether a measure derogates from the reference system as defined by the Member State. It is also necessary to evaluate whether the boundaries of that system have been designed by the Member State in a consistent manner or, conversely, in a clearly arbitrary or biased way, so as to favour certain undertakings over others. Otherwise, instead of laying down general rules applying to all undertakings from which a derogation is made for certain undertakings, the Member State could achieve the same result, side stepping the State aid rules, by adjusting and combining its rules in such a way that their very application results in a different burden for different undertakings<a>&#160;(<span>11</span>)</a>. It is particularly important to recall in that respect that the Court of Justice has consistently held that Article 107(1) of the Treaty does not distinguish between measures of State intervention by reference to their causes or their aims, but defines them in relation to their effects, and thus independently of the techniques used<a>&#160;(<span>12</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(50)</p></td><td><p>The progressive tax structure introduced by the Act appears deliberately designed by Hungary to favour certain undertakings over others. Under the progressive tax structure introduced under the Act, the undertakings publishing advertisements are subject to different tax rates progressively increasing from 0 % towards 50 %, depending on the brackets into which their turnover falls. Consequently, a different average tax rate applies to undertakings subject to the advertisement tax depending on the level of their turnover.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(51)</p></td><td><p>The effect of the progressive rate structure introduced by the Act is therefore that different undertakings are subject to different levels of taxation (expressed as a proportion of their overall annual advertisement turnover) depending on their size, since the amount of advertisement turnover achieved by an undertaking correlates to a certain extent with the size of that undertaking.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(52)</p></td><td><p>Because each company is taxed at a different rate, it is not possible for the Commission to identify one single reference rate in the advertisement tax. Hungary did not present any specific rate as the reference rate or &#8216;normal&#8217; rate and did not explain either why a higher rate would be justified for undertakings with a high level of turnover, nor why lower rates should apply to undertakings with lower levels of advertisement turnover.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(53)</p></td><td><p>The stated objective of the advertisement tax is to promote the principle of public burden sharing. In light of that objective, the Commission considers all operators subject to the advertisement tax to be in a comparable legal and factual situation. As a consequence, unless it is duly justified, all operators should be treated equally and pay the same proportion of their turnover, regardless of their level of turnover. The Commission observes that the consequence of the application of a single tax rate to all operators is already that those with higher turnovers contribute more to the State budget than those with low turnovers. Hungary has advanced no convincing argument justifying the discrimination between those types of undertakings by progressively imposing a proportionately higher tax burden on those with a higher advertisement turnover. Hungary has therefore deliberately designed the advertisement tax in such a manner so as to arbitrarily favour certain undertakings, namely those with a lower level of turnover (and thus smaller undertakings), and disadvantage others, namely larger undertakings<a>&#160;(<span>13</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(54)</p></td><td><p>The reference system is therefore selective by design in a way that is not justified in light of the objective of the advertisement tax, which is to promote the principle of public burden sharing and collect funds for the State budget.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(55)</p></td><td><p>In the same manner, the possibility of deducting past losses carried-forward for corporate and personal income tax purposes from the 2014 tax base, cannot be considered as part of the reference system in this case for at least two reasons. On the one hand, the tax is based on the taxation of turnover as opposed to profit-based tax, which means that costs are normally not deductible from the tax base of a turnover tax. The Hungarian authorities have not been able to explain in this case how this possibility of deduction of costs could be linked to the objective or the nature of the turnover tax. On the other hand, the possibility of deduction is only offered to undertakings, that were not profit-making in 2013. It's not a general rule of deduction and this possibility of deduction appears as being arbitrary or at least not consistent enough to be part of a reference system.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(56)</p></td><td><p>In the Commission's view, the reference system for the taxation of advertisement turnover should be a tax on advertisement turnover which would comply with State aid rules i.e. where:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>advertisement turnovers are subject to the same (single) tax rate,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>no other element is maintained or introduced that would provide a selective advantage to certain undertakings</p></td></tr></tbody></table></td></tr></tbody></table> 4.1.3.2. Derogation from the system of reference <table><col/><col/><tbody><tr><td><p>(57)</p></td><td><p>As a second step, it is necessary to determine whether the measure derogates from the reference system in favour of certain undertakings which are in a similar factual and legal situation in light of the intrinsic objective of the system of reference.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(58)</p></td><td><p>The progressivity of the advertisement tax rate structure creates a differentiation amongst undertakings carrying out the activity of publication of advertisement in Hungary based on the scale of their advertisement activity, as reflected in their advertisement turnover.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(59)</p></td><td><p>Indeed, due to the progressive character of the rates laid down by the Act, undertakings with turnover falling in lower brackets are subject to substantially lower taxation than undertakings with turnover falling in higher brackets. As a result, undertakings with low turnover are subject to both substantially lower marginal tax rates and substantially lower average tax rates as compared to undertakings with high levels of turnover, and therefore to substantially lower taxation for the same activities. In particular, the Commission notes that for undertakings with higher advertising turnovers the taxation of turnover falling in the top brackets (30 %/40 %/50 %) is exceptionally high and therefore results in a very substantial differential treatment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(60)</p></td><td><p>Moreover, the data on the tax advance payments submitted by the Hungarian authorities on 17 February 2015 show that the 30 % and 40 %/50 % tax rates applicable to advertising turnover falling within the two highest brackets have effectively only applied to one undertaking in 2014 and that this undertaking has paid approximately 80 % of the total revenue of the tax advances received by the Hungarian State. Those figures demonstrate the concrete effects of the differential treatment of undertakings under the Act and the selective character of the progressive rates laid down in it.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(61)</p></td><td><p>Hence, the Commission considers that the progressive rate structure introduced by the Act derogates from the reference system consisting of the imposition of an advertisement tax on all operators involved in the publication of advertisements in Hungary in favour of undertakings with lower turnover.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(62)</p></td><td><p>The Commission also considers the possibility for undertakings that were not profit-making in 2013 to deduct from the 2014 tax base past losses carried-forward for corporate and personal income tax purposes to derogate from the reference system, i.e. from the general rule to tax operators on the basis of their turnover from advertisement. The tax is based on the taxation of turnover as opposed to a profit-based tax, which means that costs are normally not deductible from the tax base of a turnover tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(63)</p></td><td><p>In particular, the restriction of the deduction of losses to undertakings that were not profit-making in 2013 differentiates between, on the one hand, undertakings that had losses carried-forward, and were not profit-making in 2013 and, on the other hand, undertakings that were profit-making in 2013 but could have had losses carried-forward from previous fiscal years. Moreover, the provision does not limit the losses that can be offset against the advertisement tax liability to those incurred in 2013, but allows an undertaking that was not profit-making in 2013 to use losses carried-forward from previous years as well. Furthermore, the Commission considers that the deduction of losses already existing at the time of the adoption of the Advertisement Tax Act entails selectivity because the allowance of that deduction could favour certain undertakings with substantial losses carried-forward.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(64)</p></td><td><p>The Commission considers that the provisions of the Act allowing &#8212; under the conditions laid down in the Act &#8212; the deduction of losses carried-forward differentiate between undertakings that are in a comparable legal and factual situation in light of the objective of the Hungarian advertisement tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(65)</p></td><td><p>Therefore, the Commission considers that the measures are prima facia selective.</p></td></tr></tbody></table> 4.1.3.3. Justification by the nature and general scheme of the tax system <table><col/><col/><tbody><tr><td><p>(66)</p></td><td><p>A measure which derogates from the reference system is not selective if it is justified by the nature or general scheme of that system. This is the case where it is the result of inherent mechanisms necessary for the functioning and effectiveness of the system<a>&#160;(<span>14</span>)</a>. It is for the Member State to provide such justification.</p></td></tr></tbody></table> Progressivity of the rates <table><col/><col/><tbody><tr><td><p>(67)</p></td><td><p>The Hungarian authorities have argued that the turnover and the size of an undertaking reflect the ability of that undertaking to pay and therefore that an undertaking with high advertising turnover has a higher ability to pay than an undertaking with lower advertising turnover. The Commission considers that the information provided by Hungary established neither that the turnover of a group of companies is a good proxy for its ability to pay nor that the pattern of progressivity of the tax is justified by the nature and general scheme of the tax system.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(68)</p></td><td><p>It is a natural consequence of (single-rate) turnover taxes that the bigger the turnover of a company is, the more tax it pays. As opposed to taxes based on profit<a>&#160;(<span>15</span>)</a>, a turnover-based tax is however not intended to take into account &#8212; and indeed does not take into account &#8212; any of the costs incurred in the generation of that turnover. Therefore, in the absence of specific evidence to the contrary, the level of turnover generated cannot automatically be considered as reflecting the ability to pay of the undertaking. Hungary has not demonstrated the existence of the alleged relationship between turnover and ability to pay nor that such relationship would be correctly mirrored in the pattern of progressivity (from 0 % to 50 % of turnover) of the advertisement tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(69)</p></td><td><p>The Commission considers that progressive rates for taxes on turnover could only be justified exceptionally, that is if the specific objective pursued by a tax indeed requires progressive rates. Progressive turnover taxes could, for example, be justified if the externalities created by an activity that the tax is supposed to tackle also increase progressively &#8212; i.e. more than proportionately &#8212; with its turnover. However, Hungary did not provide any justification of the progressivity of the tax by the externalities possibly created by advertisement.</p></td></tr></tbody></table> Deduction of losses carried-forward <table><col/><col/><tbody><tr><td><p>(70)</p></td><td><p>As regards the deduction of losses carried-forward for undertakings that were not profit-making in 2013, such deduction cannot be justified as a measure to prevent tax avoidance and the circumvention of tax obligations. The measure introduces an arbitrary distinction between two groups of companies that are in a comparable legal and factual situation. Since the distinction is arbitrary and not in line with the nature of a turnover based tax, as described in recitals 62 and 63, it cannot be considered a consistent anti-abuse rule that would justify a differential treatment.</p></td></tr></tbody></table> Conclusion on the justification <table><col/><col/><tbody><tr><td><p>(71)</p></td><td><p>As a consequence, the Commission considers that ability to pay cannot serve as a guiding principle for the Hungarian advertisement turnover tax. Accordingly, the Commission does not consider the measures to be justified by the nature and general scheme of the tax system. Therefore, the measures confer a selective advantage on advertisement companies with a lower level of turnover (and thus smaller undertakings) and to undertakings that were not profit-making in 2013 and could deduct losses carried-forward from the 2014 tax base.</p></td></tr></tbody></table> 4.1.4. POTENTIAL DISTORTION OF COMPETITION AND EFFECT ON INTRA-UNION TRADE <table><col/><col/><tbody><tr><td><p>(72)</p></td><td><p>According to Article 107(1) of the Treaty, a measure must distort or threaten to distort competition and have an effect on intra-Union trade to constitute State aid.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(73)</p></td><td><p>The measures apply to all undertakings deriving turnover from the publication of advertisements in Hungary. The Hungarian advertisement market is open to competition and characterised by the presence of operators from other Member States, so that any aid in favour of certain advertisement operators is liable to affect intra-Union trade. Indeed, the measures have an influence on the competitive situation of the undertakings subject to the tax. The measures relieve undertakings with lower levels of turnover and undertakings that were not profit-making in 2013 from a tax liability they would otherwise have had to pay, had they been subject to the same advertisement tax as undertakings with a high level of turnover and/or undertakings that were profit-making in 2013. Therefore, the aid granted under those measures constitutes operating aid in that it relieves those undertakings from a charge that they would normally have had to bear in their day-to-day management or normal activities. The Court of Justice has consistently held that operating aid distorts competition<a>&#160;(<span>16</span>)</a>, so that any aid granted to those undertakings should be considered to distort or threaten to distort competition by strengthening their financial position on the Hungarian advertisement market. Consequently, the measures distort or threaten to distort competition and have an effect on intra-Union trade.</p></td></tr></tbody></table> 4.1.5. CONCLUSION <table><col/><col/><tbody><tr><td><p>(74)</p></td><td><p>Since all the conditions laid down by Article 107(1) of the Treaty are met, the Commission concludes that the advertisement tax laying down a progressive tax rates structure and the deduction of losses carried-forward from the 2014 tax base limited to companies that were not profit-making in 2013, constitutes State aid within the meaning of that provision.</p></td></tr></tbody></table> 4.2. COMPATIBILITY OF THE AID WITH THE INTERNAL MARKET <table><col/><col/><tbody><tr><td><p>(75)</p></td><td><p>State aid shall be deemed compatible with the internal market if it falls within any of the categories listed in Article 107(2) of the Treaty<a>&#160;(<span>17</span>)</a> and it may be deemed compatible with the internal market if it is found by the Commission to fall within any of the categories listed in Article 107(3) of the Treaty<a>&#160;(<span>18</span>)</a>. However, it is the Member State granting the aid which bears the burden of proving that State aid granted by it is compatible with the internal market pursuant to Articles 107(2) or 107(3) of the Treaty<a>&#160;(<span>19</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(76)</p></td><td><p>The Commission notes that the Hungarian authorities did not provide any argument liable to establish that the measures would be compatible with the internal market and that Hungary did not comment on the doubts expressed in the Opening Decision as regards the compatibility of the measures. The Commission considers that none of the exceptions provided for in the aforementioned provisions of the Treaty apply, since the measures do not appear to aim to achieve any of the objectives listed in those provisions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(77)</p></td><td><p>Consequently, the measures cannot be declared compatible with the internal market.</p></td></tr></tbody></table> 4.3. IMPACT OF THE 2015 AMENDMENT OF THE ADVERTISEMENT TAX ON THE STATE AID ASSESSMENT <table><col/><col/><tbody><tr><td><p>(78)</p></td><td><p>The advertisement tax introduced by Act XXII of 2014 &#8212; as described in the Opening Decision &#8212; stopped to apply as of the date of the Commission decision to open the formal investigation and issue a suspension injunction. However, the 2014 advertisement tax was modified by the Hungarian authorities in June 2015, without prior notification and/or approval by the Commission, and therefore the tax continued to apply in its amended version. The Commission considers that the amended version of the advertisement tax is based on the same principles as the initial tax and contains &#8212; to a certain extent at least &#8212; the same features described in the Opening Decision that led the Commission to open a formal investigation. As a consequence, the Commission considers that the amended version of the advertisement tax falls within the scope of the Opening Decision. In this section, the Commission assesses whether &#8212; and to what extent &#8212; the amended version of the tax alleys the doubts expressed in the Opening Decision respect of the initial advertisement tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(79)</p></td><td><p>While the 2015 amendment addresses some of the State aid concerns expressed by the Commission in the Opening Decision, it does not fully address them all.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(80)</p></td><td><p>First, the new tax rates structure still provides for an exemption for companies (groups) with a turnover below HUF 100 million, approx. EUR 325&#160;000 (0 % rate applies) while the others will pay 5,3 % for the part of their turnover above HUF 100 million. In practice this means that progressivity is maintained in the taxation of companies with an advertisement turnover bigger than the threshold.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(81)</p></td><td><p>The new threshold under which the 0 % rate applies (HUF 100 million) is lower than the one under which the 0 % tax rate applied according to the old legislation (which was HUF 500 million). However, it results in non-collection of taxes up to approx. EUR 17&#160;000 per year (5,3 % &#215; EUR 325&#160;000).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(82)</p></td><td><p>The Commission gave Hungary the opportunity to justify the application of a 0 % tax rate to advertisement turnover below HUF 100 million by the logic of the tax system (e.g. administrative burden). However, Hungary did not bring forward arguments to demonstrate that the cost of collection of the tax (administrative burden) would outweigh the amounts of tax collected (up to around EUR 17&#160;000 of tax per year).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(83)</p></td><td><p>Second, the amendment introduces an optional retroactive application back to the entry into force of the tax in 2014: for the past, taxpayers can choose to apply either the new system or the old one.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(84)</p></td><td><p>This means that, in practice, companies that have been subject to the tax rate of 0 % and 1 % in the past will not be retroactively taxed at the rate of 5,3 % as it is unlikely that they will opt in to pay more taxes. Therefore, the optional retroactive effect of the modified tax allows companies to escape the payment of the tax under the new system, and provides an economic advantage to those who will not opt for the 5,3 % rate.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(85)</p></td><td><p>Third, the deduction from the 2014 tax base of past losses carried-forward limited to companies that have not made profit in 2013 remains unchanged. The State aid concerns expressed in the Opening Decision are therefore not addressed in the amended scheme and remain valid.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(86)</p></td><td><p>As a consequence, the Commission considers that the 2015 amendments to the Advertisement Tax Act only partially address the concerns spelled out in the Opening Decision concerning the 2014 Advertisement Tax Act. Indeed the amended act features the same elements that the Commission considered entailing State aid in respect of the previous scheme. Even though the number of applicable rates and brackets has been reduced from 6 to 2 and the highest rate substantially lowered from 50 % to 5,3 %, the tax has remained progressive, its progressivity has remained unjustified and the deduction of losses carried-forward continues to apply as it did before. This assessment is valid for the future but also for the past, i.e. since the entry into force of the amended Act on 5&#160;July 2015 and possibly, with retroactive effect back to the entry into force of the Act in 2014.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(87)</p></td><td><p>Therefore, the 2015 amendments to the advertisement tax do not affect the Commission's conclusion that the advertisement tax still entails unlawful and incompatible State aid.</p></td></tr></tbody></table> 4.4. RECOVERY OF AID <table><col/><col/><tbody><tr><td><p>(88)</p></td><td><p>As already stated in recital 78, the Commission considers that the Opening Decision also covers the amended scheme. Therefore, this decision concerns the Advertisement Tax Act as in force at the time of the Opening Decision, i.e. 12 March 2015, as well as its amendments of 5 June 2015.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(89)</p></td><td><p>The measures have not been notified to &#8212; or been declared compatible with the internal market by &#8212; the Commission. Those measures constitute State aid within the meaning of Article 107(1) of the Treaty and new aid within the meaning of Article&#160;1(c) of Regulation (EU) 2015/1589. Since those measures have been put into effect in violation of the standstill obligation laid down in Article 108(3) of the Treaty, they also constitute unlawful aid within the meaning of Article 1(f) of Regulation (EU) 2015/1589.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(90)</p></td><td><p>The consequence of the finding that the measures constitute unlawful and incompatible State aid is that the aid has to be recovered from its recipients pursuant to Article 16 of Regulation (EU) 2015/1589.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(91)</p></td><td><p>As regards the progressivity of the tax rate, recovery of the aid means that Hungary needs to treat all undertakings equally as if they had been subject to a single fixed rate. By default, the Commission considers that the single fixed rate to be 5,3 % as determined by Hungary in the amended version of the tax unless Hungary decides, within two months from the date of adoption of the present decision, to set a different level for the single tax rate that will apply retroactively to all undertakings over the whole period of application of the advertisement tax (original and amended versions) or to abolish the advertisement tax retroactively as of the date of its entry into force.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(92)</p></td><td><p>As regards the aid granted to undertakings that were not profit-making in 2013 resulting from the deduction of losses carried-forward, Hungary has to recover the difference between the tax due by application of the fixed tax rate to the entire advertisement turnover of the companies subject to the tax without any deduction of losses, and the tax actually paid. This difference corresponds to the tax that has been avoided following the deduction.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(93)</p></td><td><p>As stated in recital 56, the reference system for the taxation of advertisement turnover would be a tax where:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>all advertisement turnovers are subject to the tax (no optionality), without the deduction of any loss carried-forward,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>turnovers are subject to the same (single) tax rate; by default, this single rate is set at 5,3 %,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>no other element is maintained or introduced that would provide a selective advantage to certain undertakings.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(94)</p></td><td><p>As regards recovery, this means that for the period between the entry into force of the advertisement tax in 2014 and the date of the its abolishment or replacement by a scheme which would be fully in line with State aid rules, the amount of aid received by the companies with advertisement turnover should be calculated as the difference between:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>on the one hand, the amount of tax (1) that the undertaking should have paid under the application of the reference system in line with State aid rules (with a single tax rate of, by default, 5,3 % to the entire advertisement turnover without the deduction of any loss carried-forward),</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>on the other hand, the amount of tax (2) that the undertaking was liable to pay or had already paid.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(95)</p></td><td><p>To the extent that the difference between amount of tax (1) and amount of tax (2) is positive, the amount of aid should be recovered including recovery interest as of the date the tax was due.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(96)</p></td><td><p>There would be no need for recovery if Hungary abolishes the tax system with retroactive effect as of the date of the entry into force of the advertisement tax in 2014. This would not prevent Hungary from introducing for the future, e.g. from 2017, a tax system which is not progressive and does not differentiate between economic operators subject to the tax.</p></td></tr></tbody></table> 5. CONCLUSION <table><col/><col/><tbody><tr><td><p>(97)</p></td><td><p>The Commission finds that Hungary has unlawfully implemented the aid in question in breach of Article 108(3) of the Treaty.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(98)</p></td><td><p>Hungary has either to abolish the unlawful aid scheme or replace it with a new scheme which is in line with State aid rules.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(99)</p></td><td><p>Hungary must recover the aid.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(100)</p></td><td><p>However, the Commission observes that the tax advantage, i.e. the tax saved, that results from the application of the HUF 100 million threshold might comply with Commission Regulation (EU) No 1407/2013<a>&#160;(<span>20</span>)</a> (hereinafter: &#8216;<span>de minimis</span> Regulation&#8217;). The ceiling that a group of companies can receive is EUR 200&#160;000 per 3-year period, all<span>de minimis</span> support taken into account. In order to comply with the<span>de minimis</span> rules, all other conditions laid down in the<span>de minimis</span> Regulation should be met. In case the advantage resulting from the exemption complied with the<span>de minimis</span> rules, it shall not be qualified as unlawful and incompatible State aid and shall not be recovered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(101)</p></td><td><p>This decision is adopted without prejudice to possible investigations on the compliance of the measures with the fundamental freedoms laid down in the Treaty, notably the freedom of establishment as guaranteed by Article 49 of the Treaty,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The State aid granted under the Hungarian Advertisement Tax Act, including after its amendment of 5 June 2015, through the application of a turnover tax with progressive rates and the possibility, for companies that were not profit-making in 2013, to deduct losses carried-forward from their 2014 tax base, unlawfully put into effect by Hungary in breach of Article 108(3) of the Treaty on the Functioning of the European Union is incompatible with the internal market. Article 2 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 ( 21 ) or Council Regulation (EU) 2015/1588 ( 22 ) whichever is applicable at the time the aid is granted. Article 3 Individual aid granted under the scheme referred to in Article 1 which, at the time it is granted, fulfils the conditions laid down by a Regulation adopted pursuant to Article 1 of Regulation (EC) No 994/98 repealed and replaced by Regulation (EU) 2015/1588 or by any other approved aid scheme is compatible with the internal market, up to maximum aid intensities applicable to that type of aid. Article 4 1. Hungary shall recover the incompatible aid granted under the scheme referred to in Article 1 from the beneficiaries, as stated in recitals 88 to 95. 2. The sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery. 3. The interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 ( 23 ) as amended by Regulation (EC) No 271/2008 ( 24 ) . 4. Hungary shall cancel all outstanding payments of aid under the scheme referred to in Article 1 with effect from the date of adoption of this decision. Article 5 1. Recovery of the aid granted under the scheme referred to in Article 1 shall be immediate and effective. 2. Hungary shall ensure that this Decision is implemented within four months following the date of notification of this Decision. Article 6 1. Within two months following notification of this Decision, Hungary shall submit the following information: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>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 the scheme;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the total amount (principal and recovery interests) to be recovered from each beneficiary;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>a detailed description of the measures already taken and planned to comply with this Decision;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>documents demonstrating that the beneficiaries have been ordered to repay the aid.</p></td></tr></tbody></table> 2. Hungary 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, on simple request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries. Article 7 This Decision is addressed to Hungary. Done at Brussels, 4 November 2016 For the Commission Margrethe VESTAGER Member of the Commission <note> ( 1 ) OJ C 136, 24.4.2015, p. 7 . ( 2 ) 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 ( OJ L 83, 27.3.1999, p. 1 ), repealed and replaced by Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union ( OJ L 248, 24.9.2015, p. 9 ). ( 3 ) Cf. footnote 1. ( 4 ) Case C-83/98 P France v Ladbroke Racing Ltd and Commission EU:C:2000:248 and EU:C:1999:577, paragraphs 48 to 51. Likewise, a measure allowing certain undertakings a tax reduction or to postpone payments of tax normally due can amount to State aid, see Joined Cases C-78/08 to C-80/08 Paint Graphos and Others , paragraph 46. ( 5 ) Case C-143/99 Adria-Wien Pipeline , EU: C: 2001:598, paragraph 38. ( 6 ) See Case C-66/02, Italy v Commission , EU: C: 2005:768, paragraph 78; Case C-222/04, Cassa di Risparmio di Firenze and Others , EU: C: 2006:8, paragraph 132; Case C-522/13, Ministerio de Defensa and Navantia , EU: C: 2014:2262, paragraphs 21 to 31. See also point 9 of the Commission notice on the application of the State aid rules to measures relating to direct business taxation ( OJ C 384, 10.12.1998, p. 3 ). ( 7 ) Joined Cases C-393/04 and C-41/05, Air, Air Liquide Industries Belgium EU: C: 2006:403 and EU: C: 2006:216, paragraph 30 and Case C-387/92 Banco Exterior de España EU: C: 1994:100, paragraph 14. ( 8 ) See, for example, Case C-279/08 P Commission v Netherlands (NOx) EU:C:2011:551; Case C-143/99 Adria-Wien Pipeline EU: C: 2001:598, Joined Cases C-78/08 to C-80/08, Paint Graphos and others EU:C:2011;550 and EU:C:2010:411, Case C-308/01 GIL Insurance EU:C:2004:252 and EU:C:2003;481. ( 9 ) Commission Notice on the application of the State aid rules to measures relating to direct business taxation. ( 10 ) Joined Cases C-106/09 P and C-107/09 P Commission and Spain v Government of Gibraltar and United Kingdom EU:C:2011:732. ( 11 ) Ibid, paragraph 92 ( 12 ) Case C-487/06 P British Aggregates v Commission EU:C:2008:757, paragraphs 85 and 89 and the case-law cited, and Case C-279/08 P Commission v Netherlands (NOx) EU:C:2011:551, paragraph 51. ( 13 ) Joined Cases C-106/09 P and C-107/09 P Commission and Spain v Government of Gibraltar and United Kingdom EU:C:2011:732. ( 14 ) See for example Joined Cases C-78/08 to C-80/08 Paint Graphos and others EU:C:2011;550 and EU:C:2010:411, paragraph 69. ( 15 ) See Commission notice on the application of the State aid rules to measures relating to direct business taxation, para. 24. The statement on the redistributive purpose that can justify a progressive tax rate is explicitly only made as regards taxes on profits or (net) income, not as regards taxes on turnover. ( 16 ) Case C-172/03 Heiser EU:C:2005:130, paragraph 55. See also Case C-494/06 P Commission v Italy and Wam EU:C:2009:272, paragraph 54 and the case-law cited and C-271/13 P Rousse Industry v Commission EU:C:2014:175, paragraph 44. Joined Cases C-71/09 P, C-73/09 P and C-76/09 P Comitato ‘Venezia vuole vivere’ and Others v Commission EU:C:2011:368, paragraph 136. See also Case C-156/98 Germany v Commission EU:C:2000:467, paragraph 30, and the case-law cited. ( 17 ) The exceptions provided for in Article 107(2) TFEU concern: (a) aid of a social character granted to individual consumers; (b) aid to make good the damage caused by natural disasters or exceptional occurrences; and (c) aid granted to certain areas of the Federal Republic of Germany. ( 18 ) The exceptions provided for in Article 107(3) TFEU concern: (a) aid to promote the development of certain areas; (b) aid for certain important projects of common European interest or to remedy a serious disturbance in the economy of the Member State; (c) aid to develop certain economic activities or areas; (d) aid to promote culture and heritage conservation; and (e) aid specified by a Council decision. ( 19 ) Case T-68/03 Olympiaki Aeroporia Ypiresies v Commission EU:T:2007:253, paragraph 34. ( 20 ) Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid ( OJ L 352, 24.12.2013, p. 1 ). ( 21 ) Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid ( OJ L 142, 14.5.1998, p. 1 ). ( 22 ) Council Regulation (EU) 2015/1588 of 13 July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid ( OJ L 248, 24.9.2015, p. 1 ). ( 23 ) Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EU) 2015/1589 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union ( OJ L 140, 30.4.2004, p. 1 ). ( 24 ) Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty ( OJ L 82, 25.3.2008, p. 1 ). </note>
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32017D0329
<table><col/><col/><col/><col/><tbody><tr><td><p>5.7.2021&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>C 264/19</p></td></tr></tbody></table> Statement of revenue and expenditure of the European Union Intellectual Property Office for the financial year 2021 – amending budget No 1 (2021/C 264/04) REVENUE <table><col/><col/><col/><col/><col/><tbody><tr><td><p>Title</p><p>Chapter</p></td><td><p>Heading</p></td><td><p>Budget 2021</p></td><td><p>Amending budget No&#160;1</p></td><td><p>New amount</p></td></tr><tr><td><p><span>1</span></p></td><td><p><span>REVENUE ACCRUING FROM THE OPERATION OF THE OFFICE</span></p></td></tr><tr><td><p>1 0</p></td><td><p>REVENUE ACCRUING FROM THE OPERATION OF THE OFFICE</p></td><td><p>282&#160;574&#160;722</p></td><td><p>&#160;</p></td><td><p>282&#160;574&#160;722</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 1 &#8212; Total</span></p></td><td><p><span>282&#160;574&#160;722</span></p></td><td><p>&#160;</p></td><td><p><span>282&#160;574&#160;722</span></p></td></tr><tr><td><p><span>3</span></p></td><td><p><span>BALANCE FROM PREVIOUS FINANCIAL YEAR AND WITHDRAWALS FROM THE RESERVE FUND</span></p></td></tr><tr><td><p>3 0</p></td><td><p>BALANCE FROM PREVIOUS FINANCIAL YEAR AND WITHDRAWALS FROM THE RESERVE FUND</p></td><td><p>221&#160;503&#160;302</p></td><td><p>&#160;</p></td><td><p>221&#160;503&#160;302</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 3 &#8212; Total</span></p></td><td><p><span>221&#160;503&#160;302</span></p></td><td><p>&#160;</p></td><td><p><span>221&#160;503&#160;302</span></p></td></tr><tr><td><p><span>4</span></p></td><td><p><span>CONTRIBUTION TO EU POLICIES</span></p></td></tr><tr><td><p>4 0</p></td><td><p>CONTRIBUTION TO EU POLICIES</p></td><td><p>p.m.</p></td><td><p>&#160;</p></td><td><p>p.m.</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 4 &#8212; Total</span></p></td><td><p><span>p.m.</span></p></td><td><p>&#160;</p></td><td><p><span>p.m.</span></p></td></tr><tr><td><p><span>5</span></p></td><td><p><span>EUROPEAN UNION SUBSIDY</span></p></td></tr><tr><td><p>5 0</p></td><td><p>EUROPEAN UNION SUBSIDY</p></td><td><p>0 ,&#8212;</p></td><td><p>&#160;</p></td><td><p>0 ,&#8212;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 5 &#8212; Total</span></p></td><td><p><span>0 ,&#8212;</span></p></td><td><p>&#160;</p></td><td><p><span>0 ,&#8212;</span></p></td></tr><tr/><tr/><tr><td><p>&#160;</p></td><td><p><span>GRAND TOTAL</span></p></td><td><p><span>504&#160;078&#160;024 ,&#8212;</span></p></td><td><p>&#160;</p></td><td><p><span>504&#160;078&#160;024 ,&#8212;</span></p></td></tr></tbody></table> EXPENDITURE <table><col/><col/><col/><col/><col/><tbody><tr><td><p>Title</p><p>Chapter</p></td><td><p>Heading</p></td><td><p>Budget 2021</p></td><td><p>Amending budget No&#160;1</p></td><td><p>New amount</p></td></tr><tr><td><p><span>1</span></p></td><td><p><span>EXPENDITURE RELATING TO PERSONS WORKING WITH THE OFFICE</span></p></td></tr><tr><td><p>1 1</p></td><td><p>STAFF IN ACTIVE EMPLOYMENT</p></td><td><p>122&#160;532&#160;964</p></td><td><p>&#160;</p></td><td><p>122&#160;532&#160;964</p></td></tr><tr><td><p>1 3</p></td><td><p>MISSIONS AND DUTY TRAVELS</p></td><td><p>1&#160;360&#160;325</p></td><td><p>&#160;</p></td><td><p>1&#160;360&#160;325</p></td></tr><tr><td><p>1 4</p></td><td><p>SOCIOMEDICAL INFRASTRUCTURE</p></td><td><p>597&#160;966</p></td><td><p>&#160;</p></td><td><p>597&#160;966</p></td></tr><tr><td><p>1 5</p></td><td><p>ORGANIZATION OF TRAINEESHIPS AND EXHANGES OF OFFICALS AND EXPERTS</p></td><td><p>1&#160;344&#160;989</p></td><td><p>&#160;</p></td><td><p>1&#160;344&#160;989</p></td></tr><tr><td><p>1 6</p></td><td><p>SOCIAL WELFARE</p></td><td><p>564&#160;541</p></td><td><p>&#160;</p></td><td><p>564&#160;541</p></td></tr><tr><td><p>1 7</p></td><td><p>ENTERTAINMENT AND REPRESENTATION EXPENSES</p></td><td><p>18&#160;200</p></td><td><p>&#160;</p></td><td><p>18&#160;200</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 1 &#8212; Total</span></p></td><td><p><span>126&#160;418&#160;985</span></p></td><td><p>&#160;</p></td><td><p><span>126&#160;418&#160;985</span></p></td></tr><tr><td><p><span>2</span></p></td><td><p><span>BUILDING, EQUIPMENT AND MISCELLANEOUS OPERATING EXPENDITURE</span></p></td></tr><tr><td><p>2 0</p></td><td><p>INVESTMENTS IN IMMOVABLE PROPERTY RENTAL OF BUILDINGS AND ASSOCIATED COSTS</p></td><td><p>13&#160;056&#160;614</p></td><td><p>&#160;</p></td><td><p>13&#160;056&#160;614</p></td></tr><tr><td><p>2 1</p></td><td><p>DATA PROCESSING</p></td><td><p>34&#160;181&#160;534</p></td><td><p>&#160;</p></td><td><p>34&#160;181&#160;534</p></td></tr><tr><td><p>2 2</p></td><td><p>MOVABLE PROPERTY AND ASSOCIATED COSTS</p></td><td><p>2&#160;910&#160;704</p></td><td><p>&#160;</p></td><td><p>2&#160;910&#160;704</p></td></tr><tr><td><p>2 3</p></td><td><p>CURRENT ADMINISTRATIVE EXPENDITURE</p></td><td><p>8&#160;862&#160;642</p></td><td><p>&#160;</p></td><td><p>8&#160;862&#160;642</p></td></tr><tr><td><p>2 4</p></td><td><p>POSTAL AND TELECOMMUNICATIONS CHARGES</p></td><td><p>1&#160;401&#160;900</p></td><td><p>&#160;</p></td><td><p>1&#160;401&#160;900</p></td></tr><tr><td><p>2 5</p></td><td><p>EXPENDITURE ON FORMAL AND OTHER MEETINGS</p></td><td><p>2&#160;792&#160;148</p></td><td><p>&#160;</p></td><td><p>2&#160;792&#160;148</p></td></tr><tr><td><p>2 6</p></td><td><p>STUDIES SURVEYS AND CONSULTATIONS</p></td><td><p>4&#160;059&#160;153</p></td><td><p>&#160;</p></td><td><p>4&#160;059&#160;153</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 2 &#8212; Total</span></p></td><td><p><span>67&#160;264&#160;695</span></p></td><td><p>&#160;</p></td><td><p><span>67&#160;264&#160;695</span></p></td></tr><tr><td><p><span>3</span></p></td><td><p><span>EXPENDITURE RESULTING FROM SPECIAL FUNCTIONS CARRIED OUT BY THE OFFICE</span></p></td></tr><tr><td><p>3 2</p></td><td><p>OBSERVATORY</p></td><td><p>6&#160;458&#160;818</p></td><td><p>&#160;</p></td><td><p>6&#160;458&#160;818</p></td></tr><tr><td><p>3 3</p></td><td><p>EU COOPERATION</p></td><td><p>30&#160;889&#160;869</p></td><td><p>&#160;</p></td><td><p>30&#160;889&#160;869</p></td></tr><tr><td><p>3 4</p></td><td><p>COMMUNICATION PROMOTION AND INTEGRATION</p></td><td><p>1&#160;342&#160;252</p></td><td><p>&#160;</p></td><td><p>1&#160;342&#160;252</p></td></tr><tr><td><p>3 5</p></td><td><p>EXPENDITURE REGARDING THE EUROPEAN UNION TRADE MARK AND COMMUNITY DESIGN REGISTRATION PROCEDURE</p></td><td><p>15&#160;481&#160;557</p></td><td><p>&#160;</p></td><td><p>15&#160;481&#160;557</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 3 &#8212; Total</span></p></td><td><p><span>54&#160;172&#160;496</span></p></td><td><p>&#160;</p></td><td><p><span>54&#160;172&#160;496</span></p></td></tr><tr><td><p><span>4</span></p></td><td><p><span>CONTRIBUTION TO EU POLICIES</span></p></td></tr><tr><td><p>4 0</p></td><td><p>EU FUNDED PROJECTS</p></td><td><p>p.m.</p></td><td><p>&#160;</p></td><td><p>p.m.</p></td></tr><tr><td><p>4 1</p></td><td><p>CO-FINANCING OF EU FUNDED PROJECTS</p></td><td><p>4&#160;289&#160;717</p></td><td><p>&#160;</p></td><td><p>4&#160;289&#160;717</p></td></tr><tr><td><p>4 2</p></td><td><p>CO-FINANCING OF THE EUROPEAN SCHOOL OF ALICANTE</p></td><td><p>8&#160;477&#160;876</p></td><td><p>&#160;</p></td><td><p>8&#160;477&#160;876</p></td></tr><tr><td><p>4 3</p></td><td><p>CONTRIBUTION TO EU POLICIES - SME</p></td><td><p>20&#160;000&#160;000</p></td><td><p>&#160;</p></td><td><p>20&#160;000&#160;000</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 4 &#8212; Total</span></p></td><td><p><span>32&#160;767&#160;593</span></p></td><td><p>&#160;</p></td><td><p><span>32&#160;767&#160;593</span></p></td></tr><tr><td><p><span>5</span></p></td><td><p><span>OFFSETTING TO MEMBER STATES</span></p></td></tr><tr><td><p>5 0</p></td><td><p>OFFSETTING TO MEMBER STATES</p></td><td><p>12&#160;731&#160;606</p></td><td><p>&#160;</p></td><td><p>12&#160;731&#160;606</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 5 &#8212; Total</span></p></td><td><p><span>12&#160;731&#160;606</span></p></td><td><p>&#160;</p></td><td><p><span>12&#160;731&#160;606</span></p></td></tr><tr><td><p><span>10</span></p></td><td><p><span>OTHER EXPENDITURE</span></p></td></tr><tr><td><p>10 1</p></td><td><p>PROVISION FOR UNFORESEEN EVENTS</p></td><td><p>160&#160;213&#160;601</p></td><td><p>&#160;</p></td><td><p>160&#160;213&#160;601</p></td></tr><tr><td><p>10 2</p></td><td><p>ALLOCATION TO THE RESERVE FUND</p></td><td><p>3&#160;735&#160;934</p></td><td><p>&#160;</p></td><td><p>3&#160;735&#160;934</p></td></tr><tr><td><p>10 3</p></td><td><p>RESERVE FUND FOR OFFSETTING</p></td><td><p>27&#160;762&#160;944</p></td><td><p>&#160;</p></td><td><p>27&#160;762&#160;944</p></td></tr><tr><td><p>10 4</p></td><td><p>CO-FINANCING OF EU FUNDED PROJECTS</p></td><td><p>19&#160;010&#160;172</p></td><td><p>&#160;</p></td><td><p>19&#160;010&#160;172</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 10 &#8212; Total</span></p></td><td><p><span>210&#160;722&#160;651</span></p></td><td><p>&#160;</p></td><td><p><span>210&#160;722&#160;651</span></p></td></tr><tr/><tr/><tr><td><p>&#160;</p></td><td><p><span>GRAND TOTAL</span></p></td><td><p><span>504&#160;078&#160;026</span></p></td><td><p>&#160;</p></td><td><p><span>504&#160;078&#160;026</span></p></td></tr></tbody></table> Establishment plan <table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Function group and grade</p></td><td><p>&#160;</p></td></tr><tr><td><p>2021</p></td><td><p>2020</p></td></tr><tr><td><p>Authorized under the Union budget</p></td><td><p>Actually filled as at 31&#160;December 2019</p></td><td><p>Authorized under the Union budget</p></td></tr><tr><td><p>Permanent posts</p></td><td><p>Temporary posts</p></td><td><p>Permanent posts</p></td><td><p>Temporary posts</p></td><td><p>Permanent posts</p></td><td><p>Temporary posts</p></td></tr><tr/><tr/><tr><td><p>AD 16</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>1</p></td></tr><tr><td><p>AD 15</p></td><td><p>1</p></td><td><p>2</p></td><td><p>&#8212;</p></td><td><p>2</p></td><td><p>1</p></td><td><p>3</p></td></tr><tr><td><p>AD 14</p></td><td><p>20</p></td><td><p>8</p></td><td><p>13</p></td><td><p>3</p></td><td><p>17</p></td><td><p>6</p></td></tr><tr><td><p>AD 13</p></td><td><p>25</p></td><td><p>10</p></td><td><p>22</p></td><td><p>3</p></td><td><p>22</p></td><td><p>9</p></td></tr><tr><td><p>AD 12</p></td><td><p>21</p></td><td><p>22</p></td><td><p>23</p></td><td><p>19</p></td><td><p>27</p></td><td><p>20</p></td></tr><tr><td><p>AD 11</p></td><td><p>11</p></td><td><p>8</p></td><td><p>4</p></td><td><p>8</p></td><td><p>9</p></td><td><p>14</p></td></tr><tr><td><p>AD 10</p></td><td><p>17</p></td><td><p>12</p></td><td><p>11</p></td><td><p>8</p></td><td><p>15</p></td><td><p>13</p></td></tr><tr><td><p>AD 9</p></td><td><p>19</p></td><td><p>15</p></td><td><p>9</p></td><td><p>10</p></td><td><p>20</p></td><td><p>14</p></td></tr><tr><td><p>AD 8</p></td><td><p>26</p></td><td><p>13</p></td><td><p>24</p></td><td><p>13</p></td><td><p>23</p></td><td><p>15</p></td></tr><tr><td><p>AD 7</p></td><td><p>40</p></td><td><p>30</p></td><td><p>16</p></td><td><p>8</p></td><td><p>35</p></td><td><p>18</p></td></tr><tr><td><p>AD 6</p></td><td><p>48</p></td><td><p>78</p></td><td><p>63</p></td><td><p>59</p></td><td><p>59</p></td><td><p>59</p></td></tr><tr><td><p>AD 5</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>3</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Subtotal AD</p></td><td><p>228</p></td><td><p>199</p></td><td><p>188</p></td><td><p>133</p></td><td><p>228</p></td><td><p>172</p></td></tr><tr/><tr/><tr><td><p>AST 11</p></td><td><p>9</p></td><td><p>&#8212;</p></td><td><p>3</p></td><td><p>&#8212;</p></td><td><p>7</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST 10</p></td><td><p>19</p></td><td><p>2</p></td><td><p>21</p></td><td><p>&#8212;</p></td><td><p>19</p></td><td><p>1</p></td></tr><tr><td><p>AST 9</p></td><td><p>67</p></td><td><p>8</p></td><td><p>56</p></td><td><p>6</p></td><td><p>65</p></td><td><p>9</p></td></tr><tr><td><p>AST 8</p></td><td><p>51</p></td><td><p>9</p></td><td><p>38</p></td><td><p>3</p></td><td><p>51</p></td><td><p>9</p></td></tr><tr><td><p>AST 7</p></td><td><p>68</p></td><td><p>18</p></td><td><p>72</p></td><td><p>8</p></td><td><p>69</p></td><td><p>14</p></td></tr><tr><td><p>AST 6</p></td><td><p>43</p></td><td><p>18</p></td><td><p>53</p></td><td><p>17</p></td><td><p>49</p></td><td><p>25</p></td></tr><tr><td><p>AST 5</p></td><td><p>37</p></td><td><p>25</p></td><td><p>28</p></td><td><p>28</p></td><td><p>30</p></td><td><p>28</p></td></tr><tr><td><p>AST 4</p></td><td><p>43</p></td><td><p>10</p></td><td><p>26</p></td><td><p>22</p></td><td><p>42</p></td><td><p>21</p></td></tr><tr><td><p>AST 3</p></td><td><p>40</p></td><td><p>31</p></td><td><p>73</p></td><td><p>46</p></td><td><p>56</p></td><td><p>30</p></td></tr><tr><td><p>AST 2</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>7</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST 1</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Subtotal AST</p></td><td><p>377</p></td><td><p>121</p></td><td><p>371</p></td><td><p>137</p></td><td><p>388</p></td><td><p>137</p></td></tr><tr/><tr/><tr><td><p>AST/SC 6</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 5</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 4</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 3</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 2</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 1</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Subtotal AST/SC</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr/><tr/><tr><td><p><span>Total</span></p></td><td><p><span>605</span></p></td><td><p><span>320</span></p></td><td><p><span>559</span></p></td><td><p><span>270</span></p></td><td><p><span>616</span></p></td><td><p><span>309</span></p></td></tr><tr><td><p><span>Grand Total</span></p></td><td><p><span>925</span></p></td><td><p><span>829</span></p></td><td><p><span>925</span></p></td></tr></tbody></table> Estimate of number of contract staff (expressed in full-time equivalents) and seconded national experts <table><col/><col/><col/><col/><tbody><tr><td><p>Contract staff posts</p></td><td><p>2021</p></td><td><p>2020</p></td><td><p>2019</p></td></tr><tr/><tr/><tr><td><p>FG IV</p></td><td><p>104,1</p></td><td><p>83,9</p></td><td><p>95,4</p></td></tr><tr><td><p>FG III</p></td><td><p>87,4</p></td><td><p>107,4</p></td><td><p>112,5</p></td></tr><tr><td><p>FG II</p></td><td><p>0,9</p></td><td><p>6,7</p></td><td><p>7</p></td></tr><tr><td><p>FG I</p></td><td><p>3,8</p></td><td><p>4,8</p></td><td><p>5</p></td></tr><tr><td><p>Total</p></td><td><p><span>196,2</span></p></td><td><p><span>202,8</span></p></td><td><p><span>219,9</span></p></td></tr><tr/><tr/><tr><td><p>Seconded national experts posts</p></td><td><p>65,1</p></td><td><p>66,8</p></td><td><p>60</p></td></tr><tr><td><p>Total</p></td><td><p><span>261,3</span></p></td><td><p><span>269,6</span></p></td><td><p><span>279,9</span></p></td></tr></tbody></table>
ENG
32021B0705(04)
<table><col/><col/><col/><col/><tbody><tr><td><p>30.7.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 226/16</p></td></tr></tbody></table> COUNCIL IMPLEMENTING REGULATION (EU) No 826/2014 of 30 July 2014 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine ( 1 ) , and in particular Article 14(1) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On17&#160;March&#160;2014, the Council adopted Regulation (EU) No&#160;269/2014.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>In view of the gravity of the situation in Ukraine, the Council considers that additional persons and entities should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures as set out in Annex I to Regulation (EU) No&#160;269/2014.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Annex I to Regulation (EU) No&#160;269/2014 should therefore be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The persons and entities listed in the Annex to this Regulation shall be added to the list set out in Annex I to Regulation (EU) No 269/2014. Article 2 This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 July 2014. For the Council The President S. GOZI ( 1 ) OJ L 78, 17.3.2014, p. 6 . ANNEX LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 1 Individuals <table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Name</p></td><td><p>Identifying information</p></td><td><p>Reasons</p></td><td><p>Date of listing</p></td></tr><tr><td><p>1.</p></td><td><p>Alexey Alexeyevich GROMOV</p><p><img/></p></td><td><p>Born on 31.5.1960; in Zagorsk (Sergiev Posad)</p></td><td><p>As first Deputy Chief of Staff of the Presidential Administration, he is responsible for instructing Russian media outlets to take a line favourable with the separatists in Ukraine and the annexation of Crimea, therefore supporting the destabilisation of Eastern Ukraine and the annexation of Crimea.</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>2.</p></td><td><p>Oksana TCHIGRINA</p><p>&#1054;&#1082;&#1089;&#1072;&#1085;&#1072; &#1063;&#1080;&#1075;&#1088;&#1080;&#1085;&#1072;</p></td><td><p>&#160;</p></td><td><p>Spokesperson of the so called &#8216;government&#8217; of the so called &#8216;Lugansk People's Republic&#8217; who made declarations justifying inter alia the shooting down of a Ukrainian military airplane, the taking of hostages, fighting activities by the illegal armed groups, which have as a consequence undermined the territorial integrity, sovereignty and unity of Ukraine.</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>3.</p></td><td><p>Boris LITVINOV</p><p>&#1041;&#1086;&#1088;&#1080;&#1089; &#1051;&#1080;&#1090;&#1074;&#1080;&#1085;&#1086;&#1074;</p></td><td><p>&#160;</p></td><td><p>As of 22 July, chairman of the so-called &#8216;Supreme Council&#8217; of the so called &#8216;Donetsk People's Republic&#8217; who was at the source of policies and the organisation of the illegal referendum leading to the proclamation of the so-called &#8216;Donetsk People's Republic&#8217;, which constituted a breach of the territorial integrity, sovereignty and unity of Ukraine.</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>4.</p></td><td><p>Sergey ABISOV</p><p><img/></p></td><td><p>Born on 27.11. 1967</p></td><td><p>By accepting his appointment as so-called &#8216;Minister of Interior of the Republic of Crimea&#8217; by the President of Russia (decree No.301) on 5&#160;May 2014 and by his actions as so-called &#8216;Minister of Interior&#8217; he has undermined the territorial integrity, sovereignty and unity of Ukraine</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>5</p></td><td><p>Arkady Romanovich ROTENBERG</p><p><img/></p></td><td><p>Born on 15.12.1951 in Leningrad (St&#160;Petersburg)</p></td><td><p>Mr Rotenberg is a long-time acquaintance of President Putin and his former judo sparring partner.</p><p>He has developed his fortune during President Putin's tenure. He has been favoured by Russian decision-makers in the award of important contracts by the Russian State or by State-owned enterprises. His companies were notably awarded several highly lucrative contracts for the preparations of the Sochi Olympic Games.</p><p>He is a major shareholder of Giprotransmost, a company which has received a public procurement contract by a Russian State-owned Company to conduct the feasibility study of the construction of a bridge from Russia to the illegally annexed Autonomous Republic of Crimea, therefore consolidating its integration into the Russian Federation which in turn further undermines the territorial integrity of Ukraine.</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>6.</p></td><td><p>Konstantin Valerevich MALOFEEV</p><p>&#1050;&#1086;&#1085;&#1089;&#1090;&#1072;&#1085;&#1090;&#1080;&#1085; &#1042;&#1072;&#1083;&#1077;&#1088;&#1100;&#1077;&#1074;&#1080;&#1095; &#1052;&#1072;&#1083;&#1086;&#1092;&#1077;&#1077;&#1074;</p></td><td><p>Born on 3.7.1974 in Puschino</p></td><td><p>Mr Malofeev is closely linked to Ukrainian separatists in Eastern Ulkraine and Crimea. He is a former employer of Mr Borodai, so-called Prime Minister of the so-called &#8216;Donetsk People's Republic&#8217; and met with Mr Aksyonov, so-called Prime Minister of the so-called &#8216;Republic of Crimea&#8217;, during the period of the Crimean annexation process. The Ukrainian Government has opened a criminal investigation into his alleged material and financial support to separatists.</p><p>In addition, he gave a number of public statements supporting the annexation of Crimea and the incorporation of Ukraine into Russia and notably stated in June 2014 that &#8216;You can't incorporate the whole of Ukraine into Russia. The East (of Ukraine) maybe&#8217;.</p><p>Therefore Mr. Malofeev is acting in support of the destabilisation of Eastern Ukraine.</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>7.</p></td><td><p>Yuriy Valentinovich KOVALCHUK</p><p>&#1070;&#1088;&#1080;&#1081; &#1042;&#1072;&#1083;&#1077;&#1085;&#1090;&#1080;&#1085;&#1086;&#1074;&#1080;&#1095; &#1050;&#1086;&#1074;&#1072;&#1083;&#1100;&#1095;&#1091;&#1082;</p></td><td><p>Born on 25.7.1951 in Leningrad (St&#160;Petersburg)</p></td><td><p>Mr Kovalchuk is a long-time acquaintance of President Putin. He is a co-founder of the so-called Ozero Dacha, a co-operative society bringing together an influential group of individuals around President Putin.</p><p>He is benefiting from his links with Russian decision-makers. He is the chairman and largest shareholder of Bank Rossiya, of which he owned around 38 % in 2013, and which is considered the personal bank of Senior Officials of the Russian Federation. Since the illegal annexation of Crimea, Bank Rossiya has opened branches across Crimea and Sevastopol, thereby consolidating their integration into the Russian Federation.</p><p>Furthermore, Bank Rossiya has important stakes in the National Media Group which in turn controls television stations which actively support the Russian government's policies of destabilisation of Ukraine.</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>8.</p></td><td><p>Nikolay Terentievich SHAMALOV</p><p>&#1053;&#1080;&#1082;&#1086;&#1083;&#1072;&#1081; &#1058;&#1077;&#1088;&#1077;&#1085;&#1090;&#1100;&#1077;&#1074;&#1080;&#1095; &#1064;&#1072;&#1084;&#1072;&#1083;&#1086;&#1074;</p></td><td><p>Born on 24.1.1950</p></td><td><p>Mr Shamalov is a long-time acquaintance of President Putin. He is a co-founder of the so-called Ozero Dacha, a co-operative society bringing together an influential group of individuals around President Putin.</p><p>He benefits from his links with Russian decision-makers. He is the second largest shareholder of Bank Rossiya, of which he owned around 10 % in 2013, and which is considered the personal bank of Senior Officials of the Russian Federation. Since the illegal annexation of Crimea, Bank Rossiya has opened branches across Crimea and Sevastopol, thereby consolidating their integration into the Russian Federation.</p><p>Furthermore, Bank Rossiya has important stakes in the National Media Group which in its turn controls television stations which actively support the Russian government's policies of destabilisation of Ukraine.</p></td><td><p>30.7.2014</p></td></tr></tbody></table> Entities <table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Name</p></td><td><p>Identifying information</p></td><td><p>Reasons</p></td><td><p>Date of listing</p></td></tr><tr><td><p>1.</p></td><td><p>JOINT-STOCK COMPANY CONCERN ALMAZ-ANTEY (a.k.a. ALMAZ-ANTEY CORP; a.k.a. ALMAZ-ANTEY DEFENSE CORPORATION; a.k.a. ALMAZ-ANTEY JSC;),</p><p><img/></p></td><td><p>41 ul.Vereiskaya, Moscow 121471, Russia;</p><p>Website: almaz-antey.ru;</p><p>Email Address antey@almaz-antey.ru</p></td><td><p>Almaz-Antei is a Russian state-owned company. It manufactures anti-aircraft weaponry including surface-to-air missiles which it supplies to the Russian army. The Russian authorities have been providing heavy weaponry to separatists in Eastern Ukraine, contributing to the destabilization of Ukraine. These weapons are used by the separatists, including for shooting down airplanes. As a state-owned company, Almaz-Antei therefore contributes to the destabilization of Ukraine.</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>2.</p></td><td><p>DOBROLET aka DOBROLYOT</p><p>&#1044;&#1086;&#1073;&#1088;&#1086;&#1083;&#1077;&#1090;/&#1044;&#1086;&#1073;&#1088;&#1086;&#1083;&#1105;&#1090;</p></td><td><p>Airline code QD</p><p>International Highway, House 31, building 1, 141411 Moscow</p><p>141411, &#1052;&#1086;&#1089;&#1082;&#1074;&#1072; &#1075;, &#1052;&#1077;&#1078;&#1076;&#1091;&#1085;&#1072;&#1088;&#1086;&#1076;&#1085;&#1086;&#1077; &#1096;, &#1076;&#1086;&#1084; 31, &#1089;&#1090;&#1088;&#1086;&#1077;&#1085;&#1080;&#1077; 1</p><p>Website: www.dobrolet.com</p></td><td><p>Dobrolet is a subsidiary of a Russian state-owned airline. Since the illegal annexation of Crimea Dobrolet has so far exclusively operated flights between Moscow and Simferopol. It therefore facilitates the integration of the illegally annexed Autonomous Republic of Crimea into the Russian Federation and undermines Ukrainian sovereignty and territorial integrity.</p></td><td><p>30.7.2014</p></td></tr><tr><td><p>3.</p></td><td><p>RUSSIAN NATIONAL COMMERCIAL BANK</p><p><img/></p></td><td><p>License of the Central Bank of Russia No. 1354</p><p>Russian Federation, 127 030 Moscow, Krasnoproletarskaya street 9/5.</p></td><td><p>After the illegal annexation of Crimea, Russian National Commercial Bank (RNCB) became fully owned by the so-called &#8216;Republic of Crimea&#8217;. It has become the dominant player in the market, while it had no presence in Crimea before the annexation. By buying or taking over from branches of retreating banks operating in Crimea, RNCB supported materially and financially the actions of the Russian government to integrate Crimea into the Russian Federation, thus undermining Ukraine's territorial integrity.</p></td><td><p>30.7.2014</p></td></tr></tbody></table>
ENG
32014R0826
<table><col/><col/><col/><col/><tbody><tr><td><p>29.4.2015&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 110/11</p></td></tr></tbody></table> POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/664 of 21 April 2015 on the establishment of the Committee of Contributors for the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) (EUMAM RCA/1/2015) THE POLITICAL AND SECURITY COMMITTEE, Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof, Having regard to Council Decision (CFSP) 2015/78 of 19 January 2015 on a European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) ( 1 ) , and in particular Article 8(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Pursuant to Article 8(5) of Decision (CFSP) 2015/78, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the setting-up of a Committee of Contributors (CoC) for the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The conclusions of the European Council of Nice of 7, 8 and 9 December 2000 and those of Brussels of 24 and 25 October 2002 laid down the arrangements for the participation of third&#160;States in crisis management operations and the setting-up of a CoC.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The CoC should be a forum for discussing with the contributing third States all the problems relating to the management of EUMAM RCA. The PSC, which exercises the political control and strategic direction of EUMAM RCA, should take account of the views expressed by the CoC.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the&#160;Treaty on European Union and to the Treaty on the Functioning of the European Union,&#160;Denmark does not participate in the elaboration and the implementation of decisions and&#160;actions of the Union which have defence implications,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Establishment and terms of reference A Committee of Contributors (CoC) for the European Union CSDP Military Advisory Mission in the Central African Republic (EUMAM RCA) is hereby established. Its terms of reference are laid down in the conclusions of the European Council of Nice of 7, 8 and 9 December 2000 and those of Brussels of 24 and 25 October 2002. Article 2 Composition 1. The CoC shall be composed of the following members: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>representatives of all Member States,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>representatives of third States participating in EUMAM RCA and providing significant contributions.</p></td></tr></tbody></table> 2. A representative of the Commission may also attend the CoC meetings. Article 3 Information from the EU Mission Commander The CoC shall receive information from the EU Mission Commander of EUMAM RCA. Article 4 Chair The CoC shall be chaired by the High Representative of the Union for Foreign Affairs and Security Policy, or by his or her representative, in close consultation with the Chairman of the European Union Military Committee, or with his or her representative. Article 5 Meetings 1. The meetings of the CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a member. 2. The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The Chair shall be responsible for conveying the outcome of the CoC's discussions to the PSC. Article 6 Confidentiality 1. In accordance with Council Decision 2013/488/EU ( 2 ) , the security rules laid down in that Decision shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance. 2. The deliberations of the CoC shall be covered by the obligation of professional secrecy, except in so far as the CoC unanimously decides otherwise. Article 7 Entry into force This Decision shall enter into force on the date of its adoption. Done at Brussels, 21 April 2015. For the Political and Security Committee The Chairperson W. STEVENS <note> ( 1 ) OJ L 13, 20.1.2015, p. 8 . ( 2 ) Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information ( OJ L 274, 15.10.2013, p. 1 ). </note>
ENG
32015D0664
<table><col/><col/><col/><col/><tbody><tr><td><p>5.10.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 258/250</p></td></tr></tbody></table> DECISION (EU) 2022/1743 OF THE EUROPEAN PARLIAMENT of 4 May 2022 on discharge in respect of the implementation of the budget of the European Chemicals Agency (ECHA) for the financial year 2020 THE EUROPEAN PARLIAMENT, <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the final annual accounts of the European Chemicals Agency for the financial year 2020,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Court of Auditors&#8217; annual report on EU agencies for the financial year 2020, together with the agencies&#8217; replies&#160;<a>(<span>1</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the statement of assurance&#160;<a>(<span>2</span>)</a> as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2020, pursuant to Article&#160;287 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Council&#8217;s recommendation of 28&#160;February 2022 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2020 (06003/2022 &#8211; C9-0080/2022),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Article&#160;319 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18&#160;July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No&#160;1296/2013, (EU) No&#160;1301/2013, (EU) No&#160;1303/2013, (EU) No&#160;1304/2013, (EU) No&#160;1309/2013, (EU) No&#160;1316/2013, (EU) No&#160;223/2014, (EU) No&#160;283/2014, and Decision No&#160;541/2014/EU and repealing Regulation (EU, Euratom) No&#160;966/2012&#160;<a>(<span>3</span>)</a>, and in particular Article&#160;70 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EC) No&#160;1907/2006 of the European Parliament and of the Council of 18&#160;December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No&#160;793/93 and Commission Regulation (EC) No&#160;1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and&#160;2000/21/EC&#160;<a>(<span>4</span>)</a>, and in particular Article&#160;97 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Delegated Regulation (EU) 2019/715 of 18&#160;December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article&#160;70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council&#160;<a>(<span>5</span>)</a>, and in particular Article&#160;105 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Rule 100 of and Annex V to its Rules of Procedure,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the opinion of the Committee on the Environment, Public Health and Food Safety,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the report of the Committee on Budgetary Control (A9-0112/2022),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the budget of the Agency for the financial year 2020;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>Sets out its observations in the resolution below;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Chemicals Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the<span>Official Journal of the European Union</span> (L series).</p></td></tr></tbody></table> The President Roberta METSOLA The Secretary-General Klaus WELLE <note> ( 1 ) OJ C 439, 29.10.2021, p. 3 . ECA annual report on EU agencies for the 2020 financial year: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=59697 ( 2 ) OJ C 439, 29.10.2021, p. 3 . ECA annual report on EU agencies for the 2020 financial year: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=59697 ( 3 ) OJ L 193, 30.7.2018, p. 1 . ( 4 ) OJ L 396, 30.12.2006, p. 1 . ( 5 ) OJ L 122, 10.5.2019, p. 1 . </note>
ENG
32022B1743
<table><col/><col/><col/><tbody><tr><td><img/></td><td><p>Official Journal<br/>of the European Union</p></td><td><p>EN</p><p>Series L</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2023/2799</p></td><td><p>12.12.2023</p></td></tr></tbody></table> COUNCIL DECISION (CFSP) 2023/2799 of 11 December 2023 amending Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 28&#160;September 2017, the Council adopted Decision (CFSP)&#160;2017/1775&#160;<a>(<span>1</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>On 13&#160;December 2021, the Council adopted Decision (CFSP)&#160;2021/2208&#160;<a>(<span>2</span>)</a>, which established a new framework that provides for the imposition of additional restrictive measures against individuals and entities responsible for or complicit in, or having engaged, directly or indirectly, in actions or policies that threaten the peace, security or stability of Mali, or for obstructing or undermining the successful completion of Mali&#8217;s political transition.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>On the basis of a review of the restrictive measures provided for in Articles&#160;1a(1), and&#160;2a(1) and&#160;(2) of Decision (CFSP)&#160;2017/1775, those measures should be renewed until&#160;14&#160;December&#160;2024, the reasons in the entries for two of the persons included in the lists of natural or legal persons, entities or bodies in Annex&#160;II to Decision (CFSP)&#160;2017/1775 should be amended and the entry for one person should be removed from that Annex.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Decision (CFSP)&#160;2017/1775 should therefore be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Decision (CFSP) 2017/1775 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>in Article&#160;6(2), in the first sentence, the date &#8216;14&#160;December 2023&#8217; is replaced by the date &#8216;14&#160;December 2024&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Annex II is amended in accordance with the Annex to this Decision.</p></td></tr></tbody></table> Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union . Done at Brussels, 11 December 2023. For the Council The President J. BORRELL FONTELLES ( 1 ) Council Decision (CFSP) 2017/1775 of 28 September 2017 concerning restrictive measures in view of the situation in Mali ( OJ L 251, 29.9.2017, p. 23 ). ( 2 ) Council Decision (CFSP) 2021/2208 of 13 December 2021 amending Decision (CFSP) 2017/1775 concerning restrictive measures in view of the situation in Mali ( OJ L 446, 14.12.2021, p. 44 ). ANNEX Annex II to Decision (CFSP) 2017/1775 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Section A (List of natural persons referred to in Article&#160;1a(1)) is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>entries 3 and&#160;4 are replaced by the following:</p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Name</p></td><td><p>Identifying information</p></td><td><p>Reasons</p></td><td><p>Date of listing</p></td></tr><tr><td><p>&#8216;3.</p></td><td><p>MA&#207;GA, Choguel</p></td><td><p>Place of birth: Tabango, Gao, Mali</p><p>Date of birth: 31.12.1958</p><p>Nationality: Malian</p><p>Passport number: diplomatic passport DA0004473, issued by Mali, Schengen visa issued</p><p>Gender: male</p><p>Position: Prime Minister</p></td><td><p>As Prime Minister since June 2021, Choguel Ma&#239;ga leads the Transition Government of Mali established following the coup of 24&#160;May 2021.</p><p>Contrary to the timetable for reform and elections previously agreed with ECOWAS in line with the Transition Charter, he announced in June 2021 the organisation of the National Consultations for Refoundation (<span>Assises nationales de la refondation</span>, ANR) as a pre-reform process and a precondition to the organisation of the elections scheduled for&#160;27&#160;February&#160;2022.</p><p>As announced by Choguel Ma&#239;ga himself, the ANR were then postponed several times and the elections delayed. The ANR, which were eventually held in December 2021, were boycotted by multiple stakeholders. On the basis of the final recommendations of the ANR, the Transition Government presented a new timetable providing for the holding of presidential elections in December 2025, thus allowing the Transition Authorities to stay in power for more than five years. Following a revised timetable presented in June 2022, providing for the holding of presidential elections in March 2024, the Transition Government announced on&#160;21&#160;September&#160;2023 a further postponement of the elections.</p><p>ECOWAS adopted individual sanctions against the Transition Authorities (including Choguel Ma&#239;ga) in November 2021 for their delay in organising the elections and the completion of the political transition of Mali. ECOWAS underlined that the Transition Authorities have used the need to implement reforms as a pretext to justify the extension of the political transition of Mali and to maintain themselves in power without democratic elections. On 3&#160;July 2022, ECOWAS decided to maintain those individual sanctions.</p><p>In his position as Prime Minister, Choguel Ma&#239;ga is directly responsible for postponing the elections foreseen in the Transition Charter, and he is therefore obstructing and undermining the successful completion of the political transition of Mali, in particular by obstructing and undermining the holding of elections and the handover of power to elected authorities.</p></td><td><p>4.2.2022</p></td></tr><tr><td><p>4.</p></td><td><p>MA&#207;GA, Ibrahim Ikassa</p></td><td><p>Place of birth: Tondibi, Gao region, Mali</p><p>Date of birth: 5.2.1971</p><p>Nationality: Malian</p><p>Passport number: diplomatic passport issued by Mali</p><p>Gender: male</p><p>Position: Minister of Refoundation</p></td><td><p>Ibrahim Ikassa Ma&#239;ga is a member of the strategic committee of M5-RFP (<span>Mouvement du 5 juin &#8211; Rassemblement des forces patriotiques</span>), which played a key role in the overthrow of President Keita.</p><p>As Minister of Refoundation since June 2021, Ibrahim Ikassa Ma&#239;ga was entrusted with planning the National Consultations for Refoundation (<span>Assises nationales de la Refondation</span>, ANR) announced by Prime Minister Choguel Ma&#239;ga.</p><p>Contrary to the timetable for reform and elections previously agreed with ECOWAS in line with the Transition Charter, the ANR were announced by the Transition Government as a pre-reform process and a precondition to the organisation of the elections scheduled for 27&#160;February 2022.</p><p>As announced by Choguel Ma&#239;ga, the ANR were then postponed several times and the elections delayed. The ANR, which were eventually held in December 2021, were boycotted by multiple stakeholders. On the basis of the final recommendations of the ANR, the Transition Government presented a new timetable providing for the holding of presidential elections in December 2025, thus allowing the Transition Authorities to stay in power for more than five years. Following a revised timetable presented in June 2022, providing for the holding of presidential elections in March 2024, the Transition Government announced on&#160;21&#160;September&#160;2023 a further postponement of the elections.</p><p>ECOWAS adopted individual sanctions against the Transition Authorities (including Ibrahim Ikassa Ma&#239;ga) in November 2021 for their delay in organising the elections and the completion of the political transition of Mali. ECOWAS underlined that the Transition Authorities have used the need to implement reforms as a pretext to justify the extension of the political transition of Mali and to maintain themselves in power without democratic elections. On 3&#160;July 2022, ECOWAS decided to maintain those individual sanctions.</p><p>In his position as Minister of Refoundation, Ibrahim Ikassa Ma&#239;ga is obstructing and undermining the successful completion of the political transition of Mali, in particular by obstructing and undermining the holding of elections and the handover of power to elected authorities.</p></td><td><p>4.2.2022&#8217;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>entry 5 is deleted.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Section B (List of natural or legal persons, entities or bodies referred to in Article&#160;2a(1)) is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>entries 3 and&#160;4 are replaced by the following:</p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Name</p></td><td><p>Identifying information</p></td><td><p>Reasons</p></td><td><p>Date of listing</p></td></tr><tr><td><p>&#8216;3.</p></td><td><p>MA&#207;GA, Choguel</p></td><td><p>Place of birth: Tabango, Gao, Mali</p><p>Date of birth: 31.12.1958</p><p>Nationality: Malian</p><p>Passport number: diplomatic passport DA0004473, issued by Mali, Schengen visa issued</p><p>Gender: male</p><p>Position: Prime Minister</p></td><td><p>As Prime Minister since June 2021, Choguel Ma&#239;ga leads the Transition Government of Mali established following the coup of 24&#160;May 2021.</p><p>Contrary to the timetable for reform and elections previously agreed with ECOWAS in line with the Transition Charter, he announced in June 2021 the organisation of the National Consultations for Refoundation (<span>Assises nationales de la refondation</span>, ANR) as a pre-reform process and a precondition to the organisation of the elections scheduled for&#160;27&#160;February&#160;2022.</p><p>As announced by Choguel Ma&#239;ga himself, the ANR were then postponed several times and the elections delayed. The ANR, which were eventually held in December 2021, were boycotted by multiple stakeholders. On the basis of the final recommendations of the ANR, the Transition Government presented a new timetable providing for the holding of presidential elections in December 2025, thus allowing the Transition Authorities to stay in power for more than five years. Following a revised timetable presented in June 2022, providing for the holding of presidential elections in March 2024, the Transition Government announced on&#160;21&#160;September&#160;2023 a further postponement of the elections.</p><p>ECOWAS adopted individual sanctions against the Transition Authorities (including Choguel Ma&#239;ga) in November 2021 for their delay in organising the elections and the completion of the political transition of Mali. ECOWAS underlined that the Transition Authorities have used the need to implement reforms as a pretext to justify the extension of the political transition of Mali and to maintain themselves in power without democratic elections. On 3&#160;July 2022, ECOWAS decided to maintain those individual sanctions.</p><p>In his position as Prime Minister, Choguel Ma&#239;ga is directly responsible for postponing the elections foreseen in the Transition Charter, and he is therefore obstructing and undermining the successful completion of the political transition of Mali, in particular by obstructing and undermining the holding of elections and the handover of power to elected authorities.</p></td><td><p>4.2.2022</p></td></tr><tr><td><p>4.</p></td><td><p>MA&#207;GA, Ibrahim Ikassa</p></td><td><p>Place of birth: Tondibi, Gao region, Mali</p><p>Date of birth: 5.2.1971</p><p>Nationality: Malian</p><p>Passport number: diplomatic passport issued by Mali</p><p>Gender: male</p><p>Position: Minister of Refoundation</p></td><td><p>Ibrahim Ikassa Ma&#239;ga is a member of the strategic committee of M5-RFP (<span>Mouvement du 5 juin &#8211; Rassemblement des forces patriotiques</span>), which played a key role in the overthrow of President Keita.</p><p>As Minister of Refoundation since June 2021, Ibrahim Ikassa Ma&#239;ga was entrusted with planning the National Consultations for Refoundation (<span>Assises nationales de la Refondation</span>, ANR) announced by Prime Minister Choguel Ma&#239;ga.</p><p>Contrary to the timetable for reform and elections previously agreed with ECOWAS in line with the Transition Charter, the ANR were announced by the Transition Government as a pre-reform process and a precondition to the organisation of the elections scheduled for 27&#160;February 2022.</p><p>As announced by Choguel Ma&#239;ga, the ANR were then postponed several times and the elections delayed. The ANR, which were eventually held in December 2021, were boycotted by multiple stakeholders. On the basis of the final recommendations of the ANR, the Transition Government presented a new timetable providing for the holding of presidential elections in December 2025, thus allowing the Transition Authorities to stay in power for more than five years. Following a revised timetable presented in June 2022, providing for the holding of presidential elections in March 2024, the Transition Government announced on&#160;21&#160;September&#160;2023 a further postponement of the elections.</p><p>ECOWAS adopted individual sanctions against the Transition Authorities (including Ibrahim Ikassa Ma&#239;ga) in November 2021 for their delay in organising the elections and the completion of the political transition of Mali. ECOWAS underlined that the Transition Authorities have used the need to implement reforms as a pretext to justify the extension of the political transition of Mali and to maintain themselves in power without democratic elections. On 3&#160;July 2022, ECOWAS decided to maintain those individual sanctions.</p><p>In his position as Minister of Refoundation, Ibrahim Ikassa Ma&#239;ga is obstructing and undermining the successful completion of the political transition of Mali, in particular by obstructing and undermining the holding of elections and the handover of power to elected authorities.</p></td><td><p>4.2.2022&#8217;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>entry 5 is deleted.</p></td></tr></tbody></table></td></tr></tbody></table> ELI: http://data.europa.eu/eli/dec/2023/2799/oj ISSN 1977-0677 (electronic edition)
ENG
32023D2799
<table><col/><col/><col/><col/><tbody><tr><td><p>11.12.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 417/52</p></td></tr></tbody></table> DECISION (EU) 2020/1853 OF THE EUROPEAN PARLIAMENT of 13 May 2020 on the closure of the accounts of the Innovative Medicines Initiative 2 Joint Undertaking for the financial year 2018 THE EUROPEAN PARLIAMENT, <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the final annual accounts of the Innovative Medicines Initiative 2 Joint Undertaking for the financial year 2018,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Court of Auditors&#8217; annual report on the EU Joint Undertakings for the financial year 2018, together with the Joint Undertakings&#8217; replies&#160;<a>(<span>1</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the statement of assurance&#160;<a>(<span>2</span>)</a> as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2018, pursuant to Article 287 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Council&#8217;s recommendation of 18 February 2020 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2018 (05763/2020 &#8211; C9-0069/2020),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Article 319 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to 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&#160;<a>(<span>3</span>)</a>, and in particular Article 209 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012&#160;<a>(<span>4</span>)</a>, and in particular Article 71 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Council Regulation (EU) No 557/2014 of 6 May 2014 establishing the Innovative Medicines Initiative 2 Joint Undertaking&#160;<a>(<span>5</span>)</a>, and in particular Article 12 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to 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&#160;<a>(<span>6</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Delegated Regulation (EU) 2019/887 of 13 March 2019 on the model financial regulation for public-private partnership bodies referred to in Article 71 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council&#160;<a>(<span>7</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Rule 100 of and Annex V to its Rules of Procedure,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the report of the Committee on Budgetary Control (A9-0046/2020),</p></td></tr></tbody></table> 1. Approves the closure of the accounts of the Innovative Medicines Initiative 2 Joint Undertaking for the financial year 2018; 2. Instructs its President to forward this decision to the Executive Director of the Innovative Medicines Initiative 2 Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series). The President David Maria SASSOLI The Secretary-General Klaus WELLE <note> ( 1 ) OJ C 426, 18.12.2019, p. 1 . ( 2 ) OJ C 426, 18.12.2019, p. 1 . ( 3 ) OJ L 298, 26.10.2012, p. 1 . ( 4 ) OJ L 193, 30.7.2018, p. 1 . ( 5 ) OJ L 169, 7.6.2014, p. 54 . ( 6 ) OJ L 38, 7.2.2014, p. 2 . ( 7 ) OJ L 142, 29.5.2019, p. 16 . </note>
ENG
32020B1853
<table><col/><col/><col/><col/><tbody><tr><td><p>28.6.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 170/68</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2022/1014 of 17 June 2022 on the position to be taken on behalf of the Union vis-à-vis the United Kingdom of Great Britain and Northern Ireland regarding the determination under Article 540(2) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, of the date from which personal data relating to DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and 536 of that Agreement may be supplied by Member States to the United Kingdom THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16(2) and Article 87(2), point (a), in conjunction with Article 218(9) thereof, Having regard to Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information ( 1 ) , Having regard to the proposal from the European Commission, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part&#160;<a>(<span>2</span>)</a> (the &#8216;Trade and Cooperation Agreement&#8217;) provides for reciprocal cooperation between the competent law enforcement authorities of the Member States, on the one side, and the United Kingdom, on the other side, concerning the automated comparison of DNA profiles, dactyloscopic data and vehicle registration data. As a prerequisite for such cooperation, the United Kingdom first needs to take the necessary implementing measures and undergo an evaluation by the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>On the basis of an overall evaluation report, summarising the results of a relevant questionnaire, an evaluation visit and, where applicable, a pilot run, the Union is to determine the date or dates from which such data may be supplied by Member States to the United Kingdom pursuant to the Trade and Cooperation Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The United Kingdom also had to undergo an evaluation with regard to searching and comparing DNA profiles and dactyloscopic data, for which the connections with the United Kingdom have already been established in accordance with the Union&#8217;s &#8216;Pr&#252;m&#8217;<span>acquis</span>, as set out in Council Decisions 2008/615/JHA&#160;<a>(<span>3</span>)</a> and&#160;2008/616/JHA&#160;<a>(<span>4</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>By means of Decision 2008/615/JHA, the basic elements of the Treaty of 27&#160;May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration were transposed into the legal framework of the Union. Decision 2008/616/JHA implements Decision 2008/615/JHA and lays down the necessary administrative and technical provisions for the implementation of Decision 2008/615/JHA, in particular as regards the automated exchange of DNA data, dactyloscopic data and vehicle registration data. These decisions form the Pr&#252;m<span>acquis</span> and are binding in accordance with the Treaties and these decisions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Article&#160;527 of the Trade and Cooperation Agreement states that the objective of Title II of Part Three (Law enforcement and judicial cooperation in criminal matters) thereof is to establish reciprocal cooperation between the competent law enforcement authorities of the United Kingdom, on the one side, and the Member States, on the other side, on the automated transfer of DNA profiles, dactyloscopic data and certain domestic vehicle registration data.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>By letter of 23&#160;July 2021, the United Kingdom informed the Commission, through the Specialised Committee on Law Enforcement and Judicial Cooperation, that it had implemented the obligations imposed under Part Three, Title II, of the Trade and Cooperation Agreement in respect of DNA profiles and dactyloscopic data. The United Kingdom also made declarations and designations in accordance with Chapter 0, Article&#160;22, of Annex 39 to the Trade and Cooperation Agreement and expressed its readiness to be evaluated for the exchange of data between the United Kingdom and Member States on DNA profiles and dactyloscopic data.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>On 14&#160;October 2021, the Commission sent the United Kingdom questionnaires relating to the automatic exchange of DNA profiles and dactyloscopic data. On 8&#160;November 2021, the United Kingdom provided the Commission with its answers to those questionnaires. On 11&#160;November 2021, those answers were provided to the evaluation team and submitted to the Council Working Party on JHA Information Exchange and to the Council Working Party on the United Kingdom.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>On 9&#160;November 2021, in line with Chapter 4 of Annex 39 to the Trade and Cooperation Agreement, the Council decided that no pilot run was required in respect of DNA profiles and dactyloscopic data.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>On 24 and 25&#160;November 2021, the United Kingdom underwent an evaluation with regard to searching and comparing DNA profiles and dactyloscopic data. The evaluation report regarding DNA profiles concluded that, on the basis of the outcome of the<span>ex ante</span> evaluation, the implementation of the automated comparison of DNA profiles and the related information flow could be considered to have been successfully concluded in the United Kingdom, both at legal and at technical level. The evaluation report regarding dactyloscopic data concluded that, on the basis of the outcome of the<span>ex ante</span> evaluation, the implementation of the automated dactyloscopic data application and the related automated dactyloscopic data information flow could be considered to have been successfully concluded in the United Kingdom, both at legal and at technical level.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>Pursuant to Chapter 4, Article&#160;5, of Annex 39 to the Trade and Cooperation Agreement, the evaluation reports, summarising the results of the questionnaires and the evaluation visit, were presented to the Council on 17&#160;March 2022.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>Since the United Kingdom fulfilled the conditions set out in Article&#160;539 of and Annex 39 to the Trade and Cooperation Agreement, the Union should, pursuant to Article&#160;540(2) of the Trade and Cooperation Agreement, determine the date or dates from which Member States may supply to the United Kingdom personal data regarding DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and&#160;536 of the Trade and Cooperation Agreement. The Union should notify the United Kingdom of this position in the Specialised Committee on Law Enforcement and Judicial Cooperation. In those circumstances, it is therefore appropriate to establish the position to be taken on the Union&#8217;s behalf vis-&#224;-vis the United Kingdom regarding the determination of that date.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>The Trade and Cooperation Agreement is binding on all the Member States by virtue of Decision (EU) 2021/689, which is based on Article&#160;217 of the Treaty on the Functioning of the European Union as its substantive legal basis.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>Denmark and Ireland are bound by Article&#160;540 of the Trade and Cooperation Agreement by virtue of Decision (EU) 2021/689 and are therefore taking part in the adoption and application of this Decision, which implements the Trade and Cooperation Agreement,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The position to be expressed on the Union’s behalf vis-à-vis the United Kingdom regarding the determination of the date from which personal data relating to DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and 536 of the Trade and Cooperation Agreement may be supplied by Member States to the United Kingdom is set out in the unilateral declaration of the Union attached to this Decision. Article 2 The United Kingdom shall be notified of the position of the Union referred to in Article 1 in the Specialised Committee on Law Enforcement and Judicial Cooperation. Article 3 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 17 June 2022. For the Council The President B. LE MAIRE ( 1 ) OJ L 149, 30.4.2021, p. 2 . ( 2 ) OJ L 149, 30.4.2021, p. 10 . ( 3 ) Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime ( OJ L 210, 6.8.2008, p. 1 ). ( 4 ) Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime ( OJ L 210, 6.8.2008, p. 12 ). ANNEX DECLARATION BY THE UNION PURSUANT TO ARTICLE 540(2) IN THE SPECIALISED COMMITTEE ESTABLISHED BY ARTICLE 8(1)(r) OF THE TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART, REGARDING THE DATE FROM WHICH PERSONAL DATA REGARDING DNA PROFILES AND DACTYLOSCOPIC DATA AS REFERRED TO IN ARTICLES 530, 531, 534 and 536 OF THE TRADE AND COOPERATION AGREEMENT MAY BE SUPPLIED BY MEMBER STATES TO THE UNITED KINGDOM DECLARATION BY THE EUROPEAN UNION Member States may supply personal data regarding DNA profiles and dactyloscopic data to the United Kingdom as referred to in Articles 530, 531, 534 and 536 of the Trade and Cooperation Agreement as of 30 June 2022.
ENG
32022D1014
<table><col/><col/><col/><col/><tbody><tr><td><p>27.9.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 249/276</p></td></tr></tbody></table> DECISION (EU) 2019/1509 OF THE EUROPEAN PARLIAMENT of 26 March 2019 on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work (EU-OSHA) for the financial year 2017 THE EUROPEAN PARLIAMENT, <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the final annual accounts of the European Agency for Safety and Health at Work for the financial year 2017,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Court of Auditors' report on the annual accounts of the European Agency for Safety and Health at Work for the financial year 2017, together with the Agency's reply&#160;<a>(<span>1</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the statement of assurance&#160;<a>(<span>2</span>)</a> as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2017, pursuant to Article 287 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Council's recommendation of 12&#160;February 2019 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2017 (05825/2019 &#8211; C8-0073/2019),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Article 319 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25&#160;October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002&#160;<a>(<span>3</span>)</a>, and in particular Article 208 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18&#160;July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No&#160;1296/2013, (EU) No&#160;1301/2013, (EU) No&#160;1303/2013, (EU) No&#160;1304/2013, (EU) No&#160;1309/2013, (EU) No&#160;1316/2013, (EU) No&#160;223/2014, (EU) No&#160;283/2014, and Decision No&#160;541/2014/EU and repealing Regulation (EU, Euratom) No&#160;966/2012&#160;<a>(<span>4</span>)</a>, and in particular Article&#160;70 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Council Regulation (EC) No 2062/94 of 18&#160;July 1994 establishing a European Agency for Safety and Health at Work&#160;<a>(<span>5</span>)</a>, and in particular Article 14 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU) 2019/126 of the European Parliament and of the Council of 16&#160;January 2019 establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No 2062/94&#160;<a>(<span>6</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30&#160;September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council&#160;<a>(<span>7</span>)</a>, and in particular Article 108 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Rule 94 of and Annex IV to its Rules of Procedure,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A8-0138/2019),</p></td></tr></tbody></table> 1. Grants the Executive Director of the European Agency for Safety and Health at Work discharge in respect of the implementation of the Agency's budget for the financial year 2017; 2. Sets out its observations in the resolution below; 3. Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Agency for Safety and Health at Work, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series). The President Antonio TAJANI The Secretary-General Klaus WELLE <note> ( 1 ) OJ C 434, 30.11.2018, p. 90 . ( 2 ) OJ C 434, 30.11.2018, p. 90 . ( 3 ) OJ L 298, 26.10.2012, p. 1 . ( 4 ) OJ L 193, 30.7.2018, p. 1 . ( 5 ) OJ L 216, 20.8.1994, p. 1 . ( 6 ) OJ L 30, 31.1.2019, p. 58 . ( 7 ) OJ L 328, 7.12.2013, p. 42 . </note>
ENG
32019B1509
02012R0792 — EN — 05.02.2015 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p>COMMISSION IMPLEMENTING REGULATION (EU) No 792/2012</p><p>of 23 August 2012</p><p><a>laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006</a></p><p>(OJ L 242 7.9.2012, p. 13)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>COMMISSION IMPLEMENTING REGULATION (EU) 2015/57&#160;of 15 January 2015</a></p></td><td><p>&#160;&#160;L&#160;10</p></td><td><p>19</p></td><td><p>16.1.2015</p></td></tr></table> Corrected by: <table><col/><col/><col/><col/><col/><tr><td><p><a>&#9658;C1</a></p></td><td><p><a>Corrigendum, OJ&#160;L&#160;294, 24.10.2012, p. &#160;10&#160;(792/2012)</a></p></td></tr></table> COMMISSION IMPLEMENTING REGULATION (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006 Article 1 General provision The design and technical specifications with regard to forms for permits, certificates and other documents provided for in Regulation (EC) No 338/97 and Regulation (EC) No 865/2006 are described in this Regulation. The design and technical specifications are specified for the following documents: (1) import permits; (2) export permits; (3) re-export certificates; (4) personal ownership certificates; (5) sample collection certificates; (5a) musical instrument certificates; (6) import notifications; (7) travelling exhibition certificates; (8) continuation sheets for personal ownership certificates, for travelling exhibition certificates and for musical instrument certificates; (9) certificates provided for in paragraphs 2(b), 3 and 4 of Article 5 of Regulation (EC) No 338/97, and in Articles 8(3) and 9(2)(b) thereof; (10) labels referred to in Article 7(4) of Regulation (EC) No 338/97. Article 2 Forms 1. The forms on which import permits, export permits, re-export certificates, personal ownership certificates, sample collection certificates and musical instrument certificates and applications for such documents are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex I. 2. The forms on which import notifications are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex II. They may contain a serial number. 3. The forms on which travelling exhibition certificates and applications for such documents are drawn up shall conform, except as regards spaces reserved for national use, to the model set out in Annex III. 4. The forms on which continuation sheets for personal ownership certificates and for travelling exhibition certificates are drawn up shall conform to the model set out in Annex IV. 5. The forms on which the certificates provided for in paragraphs 2(b), 3 and 4 of Article 5 of Regulation (EC) No 338/97 and in Articles 8(3) and 9(2)(b) thereof and applications for such certificates are drawn up shall conform to the model set out in Annex V to this Regulation, except as regards spaces reserved for national use. Member States may, however, provide that, instead of the pre-printed text, boxes 18 and 19 are to contain only the relevant certification or authorisation, or both. 6. The form of the labels referred to in Article 7(4) of Regulation (EC) No 338/97 shall conform to the model set out in Annex VI to this Regulation. Article 3 Technical specifications with regard to forms 1. The paper used for the forms referred to in Article 2 shall be free of mechanical pulp and dressed for writing purposes, and shall weigh at least 55 g/m 2 . 2. The size of the forms referred to in Article 2(1) to (5) shall be 210 x 297 mm (A4) with a maximum tolerance as to length of 18 mm less and 8 mm more. 3. The colour of the paper used for the forms referred to in Article 2(1) shall be as follows: (a) white for form 1, the original, with a guilloche pattern background, printed in grey on the front, so as to reveal any falsification by mechanical or chemical means; (b) yellow for form 2, the copy for the holder; (c) pale green for form 3, the copy for the exporting or re-exporting country in the case of an import permit, or the copy for return by customs to the issuing management authority in the case of an export permit or re-export certificate; (d) pink for form 4, the copy for the issuing management authority; (e) white for form 5, the application. 4. The colour of the paper used for the forms referred to in Article 2(2) shall be as follows: (a) white for form 1, the original; (b) yellow for form 2, the copy for the importer. 5. The colour of the paper used for the forms referred to in Article 2(3) and (5) shall be as follows: (a) yellow for form 1, the original, with a guilloche pattern background, printed in grey on the front, so as to reveal any falsification by mechanical or chemical means; (b) pink for form 2, the copy for the issuing management authority; (c) white for form 3, the application. 6. The colour of the paper used for the continuation sheets and labels referred to in Article 2(4) and (6) respectively shall be white. 7. The forms referred to in Article 2 shall be printed and completed in one of the official Union languages as specified by the management authorities of each Member State. They shall, where necessary, contain a translation of their contents in one of the official working languages of the Convention. 8. Member States shall be responsible for the printing of the forms referred to in Article 2, which, in the case of the forms referred to in Article 2(1) to (5), may be part of a computerised permit/certificate issuing process. Article 4 Regulation (EC) No 865/2006 is amended as follows: (1) Articles 2 and 3 are deleted; (2) Annexes I to VI are deleted. 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 . It shall apply from 27 September 2012. This Regulation shall be binding in its entirety and directly applicable in all Member States. ANNEX I Instructions and explanations 1. Full name and address of the actual (re-)exporter, not of an agent. In the case of a personal ownership certificate or of a musical instrument certificate, the full name and address of the legal owner. In the case of a musical instrument certificate, if the applicant is different from the legal owner, the full name and address of both the owner and of the applicant should be included in the form and a copy of a loan agreement between owner and applicant should be provided to the relevant permit issuing authority. 2. The period of validity of an export permit or re-export certificate shall not exceed six months and of an import permit 12 months. The period of validity of a personal ownership certificate and of a musical instrument certificate shall not exceed three years. After its last day of validity, this document is void and the original and all copies must be returned by the holder to the issuing management authority without undue delay. An import permit is not valid where the corresponding CITES document from the (re-)exporting country was used for (re-)export after its last day of validity or if the date of introduction into the Union is more than six months from its date of issue. 3. Full name and address of the actual importer, not of an agent. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate. 5. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate. 6. For live specimens of Annex A species other than captive bred or artificially propagated specimens, the issuing authority may prescribe the location at which they are to be kept by including details thereof in this box. Any movement, except for urgent veterinary treatment and provided the specimens are returned directly to their authorised location, then requires prior authorisation from the competent management authority. 8. Description must be as precise as possible and include a three-letter code in accordance with Annex VII to Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. In the case of a musical instrument certificate, the description of the instrument should allow the competent authority to verify that the certificate corresponds to the specimen being imported or exported, and the description should include elements such as the manufacturer's name, the serial number or other means of identification such as photographs. 9/10. Use the units of quantity and/or net mass in accordance with those contained in Annex VII to Regulation (EC) No 865/2006. 11. Enter the number of the CITES Appendix (I, II or III) in which the species is listed at the date of issue of the permit/certificate. 12. Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the date of issue of the permit/certificate. 13. Use one of the following codes to indicate the source: <table><col/><col/><tr><td><p>W</p></td><td><p>Specimens taken from the wild</p></td></tr></table> <table><col/><col/><tr><td><p>R</p></td><td><p>Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood</p></td></tr></table> <table><col/><col/><tr><td><p>D</p></td><td><p>Annex A animals bred in captivity for commercial purposes in operations included in the Register of the CITES Secretariat, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Annex A plants artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>A</p></td><td><p>Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>C</p></td><td><p>Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>F</p></td><td><p>Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>I</p></td><td><p>Confiscated or seized specimens&#160;(<a><span>4</span></a>)</p></td></tr></table> <table><col/><col/><tr><td><p>O</p></td><td><p>Pre-convention&#160;<a>(4)</a>&#160;</p></td></tr></table> <table><col/><col/><tr><td><p>U</p></td><td><p>Source unknown (must be justified)</p></td></tr></table> <table><col/><col/><tr><td><p>X</p></td><td><p>Specimens taken in the marine environment not under the jurisdiction of any State</p></td></tr></table> 14. Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported: <table><col/><col/><tr><td><p>B</p></td><td><p>Breeding in captivity or artificial propagation</p></td></tr></table> <table><col/><col/><tr><td><p>E</p></td><td><p>Educational</p></td></tr></table> <table><col/><col/><tr><td><p>G</p></td><td><p>Botanical gardens</p></td></tr></table> <table><col/><col/><tr><td><p>H</p></td><td><p>Hunting trophies</p></td></tr></table> <table><col/><col/><tr><td><p>L</p></td><td><p>Law enforcement/judicial/forensic</p></td></tr></table> <table><col/><col/><tr><td><p>M</p></td><td><p>Medical (including bio-medical research)</p></td></tr></table> <table><col/><col/><tr><td><p>N</p></td><td><p>Reintroduction or introduction into the wild</p></td></tr></table> <table><col/><col/><tr><td><p>P</p></td><td><p>Personal</p></td></tr></table> <table><col/><col/><tr><td><p>Q</p></td><td><p>Travelling exhibitions (sample collection, circus, menagerie, plant exhibition, orchestra or museums exhibition that is used for commercial display for the public)</p></td></tr></table> <table><col/><col/><tr><td><p>S</p></td><td><p>Scientific</p></td></tr></table> <table><col/><col/><tr><td><p>T</p></td><td><p>Commercial</p></td></tr></table> <table><col/><col/><tr><td><p>Z</p></td><td><p>Zoos</p></td></tr></table> 15 to 17. The country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated. Where this is a third country, boxes 16 and 17 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15. 18 to 20. The country of last re-export is, in the case of a re-export certificate, the re-exporting third country from which the specimens were imported before being re-exported from the Union. In the case of an import permit, it is the re-exporting third country from which the specimens are to be imported. Boxes 19 and 20 must contain details of the relevant re-export certificate. 21. The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006. 23 to 25. For official use only. 26. The importer/(re)exporter or his agent must, where appropriate, indicate the number of the bill of lading or air waybill. 27. To be completed by the customs office of introduction into the Union or that of (re-)export as appropriate. In the case of introduction, the original (form 1) must be returned to the management authority of the Member State concerned and the copy for the holder (form 2) to the importer In the case of (re-)export, the copy for return by customs to the issuing authority (form 3) must be returned to the management authority of the Member State concerned and the original (form 1) and the copy for the holder (form 2) to the (re-)exporter. Instructions and explanations 1. Full name and address of the actual (re-)exporter, not of an agent. In the case of a personal ownership certificate or of a musical instrument certificate, the full name and address of the legal owner. In the case of a musical instrument certificate, if the applicant is different from the legal owner, the full name and address of both the owner and of the applicant should be included in the form and a copy of a loan agreement between owner and applicant should be provided to the relevant permit issuing authority. 2. The period of validity of an export permit or re-export certificate shall not exceed six months and of an import permit 12 months. The period of validity of a personal ownership certificate and of a musical instrument certificate shall not exceed three years. After its last day of validity, this document is void and the original and all copies must be returned by the holder to the issuing management authority without undue delay. An import permit is not valid where the corresponding CITES document from the (re-)exporting country was used for (re-)export after its last day of validity or if the date of introduction into the Union is more than six months from its date of issue. 3. Full name and address of the actual importer, not of an agent. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate. 5. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate. 6. For live specimens of Annex A species other than captive bred or artificially propagated specimens, the issuing authority may prescribe the location at which they are to be kept by including details thereof in this box. Any movement, except for urgent veterinary treatment and provided the specimens are returned directly to their authorised location, then requires prior authorisation from the competent management authority. 8. Description must be as precise as possible and include a three-letter code in accordance with Annex VII to Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. In the case of a musical instrument certificate, the description of the instrument should allow the competent authority to verify that the certificate corresponds to the specimen being imported or exported, and the description should include elements such as the manufacturer's name, the serial number or other means of identification such as photographs. 9/10. Use the units of quantity and/or net mass in accordance with those contained in Annex VII to Regulation (EC) No 865/2006. 11. Enter the number of the CITES Appendix (I, II or III) in which the species is listed at the date of issue of the permit/certificate. 12. Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the date of issue of the permit/certificate. 13. Use one of the following codes to indicate the source: <table><col/><col/><tr><td><p>W</p></td><td><p>Specimens taken from the wild</p></td></tr></table> <table><col/><col/><tr><td><p>R</p></td><td><p>Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood</p></td></tr></table> <table><col/><col/><tr><td><p>D</p></td><td><p>Annex A animals bred in captivity for commercial purposes in operations included in the Register of the CITES Secretariat, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Annex A plants artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>A</p></td><td><p>Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>C</p></td><td><p>Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>F</p></td><td><p>Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>I</p></td><td><p>Confiscated or seized specimens&#160;(<a><span>5</span></a>)</p></td></tr></table> <table><col/><col/><tr><td><p>O</p></td><td><p>Pre-convention&#160;<a>(5)</a>&#160;</p></td></tr></table> <table><col/><col/><tr><td><p>U</p></td><td><p>Source unknown (must be justified)</p></td></tr></table> <table><col/><col/><tr><td><p>X</p></td><td><p>Specimens taken in the marine environment not under the jurisdiction of any State</p></td></tr></table> 14. Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported: <table><col/><col/><tr><td><p>B</p></td><td><p>Breeding in captivity or artificial propagation</p></td></tr></table> <table><col/><col/><tr><td><p>E</p></td><td><p>Educational</p></td></tr></table> <table><col/><col/><tr><td><p>G</p></td><td><p>Botanical gardens</p></td></tr></table> <table><col/><col/><tr><td><p>H</p></td><td><p>Hunting trophies</p></td></tr></table> <table><col/><col/><tr><td><p>L</p></td><td><p>Law enforcement/judicial/forensic</p></td></tr></table> <table><col/><col/><tr><td><p>M</p></td><td><p>Medical (including bio-medical research)</p></td></tr></table> <table><col/><col/><tr><td><p>N</p></td><td><p>Reintroduction or introduction into the wild</p></td></tr></table> <table><col/><col/><tr><td><p>P</p></td><td><p>Personal</p></td></tr></table> <table><col/><col/><tr><td><p>Q</p></td><td><p>Travelling exhibitions (sample collection, circus, menagerie, plant exhibition, orchestra or museums exhibition that is used for commercial display for the public)</p></td></tr></table> <table><col/><col/><tr><td><p>S</p></td><td><p>Scientific</p></td></tr></table> <table><col/><col/><tr><td><p>T</p></td><td><p>Commercial</p></td></tr></table> <table><col/><col/><tr><td><p>Z</p></td><td><p>Zoos</p></td></tr></table> 15 to 17. The country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated. Where this is a third country, boxes 16 and 17 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15. 18 to 20. The country of last re-export is, in the case of a re-export certificate, the re-exporting third country from which the specimens were imported before being re-exported from the Union. In the case of an import permit, it is the re-exporting third country from which the specimens are to be imported. Boxes 19 and 20 must contain details of the relevant re-export certificate. 21. The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006. 23 to 25. For official use only. 26. The importer/(re)exporter or his agent must, where appropriate, indicate the number of the bill of lading or air waybill. 27. To be completed by the customs office of introduction into the Union or that of (re-)export as appropriate. In the case of introduction, the original (form 1) must be returned to the management authority of the Member State concerned and the copy for the holder (form 2) to the importer In the case of (re-)export, the copy for return by customs to the issuing authority (form 3) must be returned to the management authority of the Member State concerned and the original (form 1) and the copy for the holder (form 2) to the (re-)exporter. Instructions and explanations 1. Full name and address of the actual (re-)exporter, not of an agent. In the case of a personal ownership certificate or of a musical instrument certificate, the full name and address of the legal owner. In the case of a musical instrument certificate, if the applicant is different from the legal owner, the full name and address of both the owner and of the applicant should be included in the form and a copy of a loan agreement between owner and applicant should be provided to the relevant permit issuing authority. 2. The period of validity of an export permit or re-export certificate shall not exceed six months and of an import permit 12 months. The period of validity of a personal ownership certificate and of a musical instrument certificate shall not exceed three years. After its last day of validity, this document is void and the original and all copies must be returned by the holder to the issuing management authority without undue delay. An import permit is not valid where the corresponding CITES document from the (re-)exporting country was used for (re-)export after its last day of validity or if the date of introduction into the Union is more than six months from its date of issue. 3. Full name and address of the actual importer, not of an agent. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate. 5. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate. 6. For live specimens of Annex A species other than captive bred or artificially propagated specimens, the issuing authority may prescribe the location at which they are to be kept by including details thereof in this box. Any movement, except for urgent veterinary treatment and provided the specimens are returned directly to their authorised location, then requires prior authorisation from the competent management authority. 8. Description must be as precise as possible and include a three-letter code in accordance with Annex VII to Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. In the case of a musical instrument certificate, the description of the instrument should allow the competent authority to verify that the certificate corresponds to the specimen being imported or exported, and the description should include elements such as the manufacturer's name, the serial number or other means of identification such as photographs. 9/10. Use the units of quantity and/or net mass in accordance with those contained in Annex VII to Regulation (EC) No 865/2006. 11. Enter the number of the CITES Appendix (I, II or III) in which the species is listed at the date of issue of the permit/certificate. 12. Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the date of issue of the permit/certificate. 13. Use one of the following codes to indicate the source: <table><col/><col/><tr><td><p>W</p></td><td><p>Specimens taken from the wild</p></td></tr></table> <table><col/><col/><tr><td><p>R</p></td><td><p>Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood</p></td></tr></table> <table><col/><col/><tr><td><p>D</p></td><td><p>Annex A animals bred in captivity for commercial purposes in operations included in the Register of the CITES Secretariat, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Annex A plants artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>A</p></td><td><p>Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>C</p></td><td><p>Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>F</p></td><td><p>Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>I</p></td><td><p>Confiscated or seized specimens&#160;(<a><span>6</span></a>)</p></td></tr></table> <table><col/><col/><tr><td><p>O</p></td><td><p>Pre-convention&#160;<a>(6)</a>&#160;</p></td></tr></table> <table><col/><col/><tr><td><p>U</p></td><td><p>Source unknown (must be justified)</p></td></tr></table> <table><col/><col/><tr><td><p>X</p></td><td><p>Specimens taken in the marine environment not under the jurisdiction of any State</p></td></tr></table> 14. Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported: <table><col/><col/><tr><td><p>B</p></td><td><p>Breeding in captivity or artificial propagation</p></td></tr></table> <table><col/><col/><tr><td><p>E</p></td><td><p>Educational</p></td></tr></table> <table><col/><col/><tr><td><p>G</p></td><td><p>Botanical gardens</p></td></tr></table> <table><col/><col/><tr><td><p>H</p></td><td><p>Hunting trophies</p></td></tr></table> <table><col/><col/><tr><td><p>L</p></td><td><p>Law enforcement/judicial/forensic</p></td></tr></table> <table><col/><col/><tr><td><p>M</p></td><td><p>Medical (including bio-medical research)</p></td></tr></table> <table><col/><col/><tr><td><p>N</p></td><td><p>Reintroduction or introduction into the wild</p></td></tr></table> <table><col/><col/><tr><td><p>P</p></td><td><p>Personal</p></td></tr></table> <table><col/><col/><tr><td><p>Q</p></td><td><p>Travelling exhibitions (sample collection, circus, menagerie, plant exhibition, orchestra or museums exhibition that is used for commercial display for the public)</p></td></tr></table> <table><col/><col/><tr><td><p>S</p></td><td><p>Scientific</p></td></tr></table> <table><col/><col/><tr><td><p>T</p></td><td><p>Commercial</p></td></tr></table> <table><col/><col/><tr><td><p>Z</p></td><td><p>Zoos</p></td></tr></table> 15 to 17. The country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated. Where this is a third country, boxes 16 and 17 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15. 18 to 20. The country of last re-export is, in the case of a re-export certificate, the re-exporting third country from which the specimens were imported before being re-exported from the Union. In the case of an import permit, it is the re-exporting third country from which the specimens are to be imported. Boxes 19 and 20 must contain details of the relevant re-export certificate. 21. The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006. 23 to 25. For official use only. 26. The importer/(re)exporter or his agent must, where appropriate, indicate the number of the bill of lading or air waybill. 27. To be completed by the customs office of introduction into the Union or that of (re-)export as appropriate. In the case of introduction, the original (form 1) must be returned to the management authority of the Member State concerned and the copy for the holder (form 2) to the importer In the case of (re-)export, the copy for return by customs to the issuing authority (form 3) must be returned to the management authority of the Member State concerned and the original (form 1) and the copy for the holder (form 2) to the (re-)exporter. Instructions and explanations 1. Full name and address of the actual (re-)exporter, not of an agent. In the case of a personal ownership certificate or of a musical instrument certificate, the full name and address of the legal owner. In the case of a musical instrument certificate, if the applicant is different from the legal owner, the full name and address of both the owner and of the applicant should be included in the form and a copy of a loan agreement between owner and applicant should be provided to the relevant permit issuing authority. 2. Not applicable. 3. Full name and address of the actual importer, not of an agent. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate. 5. To be left blank in the case of a personal ownership certificate or of a musical instrument certificate. 6. To be completed only on the application form in the case of live specimens of Annex A species other than captive bred or artificially propagated specimens. 8. Description must be as precise as possible and include a 3-letter code in accordance with Annex VII to Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. In the case of a musical instrument certificate, the description of the instrument should allow the competent authority to verify that the certificate corresponds to the specimen being imported or exported, and the description should include elements such as the manufacturer's name, the serial number or other means of identification such as photographs. 9/10. Use the units of quantity and/or net mass in accordance with those contained in Annex VII to Regulation (EC) No 865/2006. 11. Enter the number of the CITES Appendix (I, II or III) in which the species is listed at the date of application for the permit/certificate. 12. Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the date of application. 13. Use one of the following codes to indicate the source: <table><col/><col/><tr><td><p>W</p></td><td><p>Specimens taken from the wild</p></td></tr></table> <table><col/><col/><tr><td><p>R</p></td><td><p>Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood</p></td></tr></table> <table><col/><col/><tr><td><p>D</p></td><td><p>Annex A animals bred in captivity for commercial purposes in operations included in the Register of the CITES Secretariat, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Annex A plants artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>A</p></td><td><p>Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>C</p></td><td><p>Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>F</p></td><td><p>Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>I</p></td><td><p>Confiscated or seized specimens&#160;(<a><span>7</span></a>)</p></td></tr></table> <table><col/><col/><tr><td><p>O</p></td><td><p>Pre-convention&#160;<a>(7)</a>&#160;</p></td></tr></table> <table><col/><col/><tr><td><p>U</p></td><td><p>Source unknown (must be justified)</p></td></tr></table> <table><col/><col/><tr><td><p>X</p></td><td><p>Specimens taken in the marine environment not under the jurisdiction of any State</p></td></tr></table> 14. Use one of the following codes to indicate the purpose for which the specimens are to be (re-)exported/imported: <table><col/><col/><tr><td><p>B</p></td><td><p>Breeding in captivity or artificial propagation</p></td></tr></table> <table><col/><col/><tr><td><p>E</p></td><td><p>Educational</p></td></tr></table> <table><col/><col/><tr><td><p>G</p></td><td><p>Botanical gardens</p></td></tr></table> <table><col/><col/><tr><td><p>H</p></td><td><p>Hunting trophies</p></td></tr></table> <table><col/><col/><tr><td><p>L</p></td><td><p>Law enforcement/judicial/forensic</p></td></tr></table> <table><col/><col/><tr><td><p>M</p></td><td><p>Medical (including bio-medical research)</p></td></tr></table> <table><col/><col/><tr><td><p>N</p></td><td><p>Reintroduction or introduction into the wild</p></td></tr></table> <table><col/><col/><tr><td><p>P</p></td><td><p>Personal</p></td></tr></table> <table><col/><col/><tr><td><p>Q</p></td><td><p>Travelling exhibitions (sample collection, circus, menagerie, plant exhibition, orchestra or museums exhibition that is used for commercial display for the public)</p></td></tr></table> <table><col/><col/><tr><td><p>S</p></td><td><p>Scientific</p></td></tr></table> <table><col/><col/><tr><td><p>T</p></td><td><p>Commercial</p></td></tr></table> <table><col/><col/><tr><td><p>Z</p></td><td><p>Zoos</p></td></tr></table> <table><col/><col/><tr><td><p>Z</p></td><td><p>Zoos</p></td></tr></table> 15 to 17. The country of origin is the country where the specimens were taken form the wild, born and bred in captivity or artificially propagated. Where this is a third country, boxes 16 and 17 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15. 18 to 20. The country of last re-export is, in the case of a re-export certificate, the re-exporting third country from which the specimens were imported before being re-exported from the Union. In the case of an import permit, it is the re-exporting third country from which the specimens are to be imported. Boxes 19 and 20 must contain details of the relevant re-export certificate. 21. The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006. 23. Provide as many details as possible and justify any omissions to the information required above. ANNEX II Instructions and explanations 1. Enter full name and address of importer or authorised representative. 4. The country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated. 5. Only applies where the country from which the specimens are imported is not the country of origin. 6. Description must be as precise as possible. 9. The scientific name must be the name used in Annexes C or D to Regulation (EC) No 338/97. 10. Enter III for species listed in Appendix III to CITES. 12. Enter the letters (C or D) of the Annex to Regulation (EC) No 338/97 in which the species is listed. 13. The importer has to submit the signed original (form 1) and ‘copy for the importer’ (form 2), where appropriate together with CITES Appendix III documents from the (re-)exporting country to the customs office of introduction into the Union. 14. The customs office shall send the stamped original (form 1) to the management authority of his country and return the stamped ‘copy for the importer’ (form 2) to the importer or his authorised representative. Instructions and explanations 1. Enter full name and address of importer or authorised representative. 4. The country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated. 5. Only applies where the country from which the specimens are imported is not the country of origin. 6. Description must be as precise as possible. 9. The scientific name must be the name used in Annexes C or D to Regulation (EC) No 338/97. 10. Enter III for species listed in Appendix III to CITES. 12. Enter the letters (C or D) of the Annex to Regulation (EC) No 338/97 in which the species is listed. 13. The importer has to submit the signed original (form 1) and ‘copy for the importer’ (form 2), where appropriate together with CITES Appendix III documents from the (re-)exporting country to the customs office of introduction into the Union. 14. The customs office shall send the stamped original (form 1) to the management authority of his country and return the stamped ‘copy for the importer’ (form 2) to the importer or his authorised representative. ANNEX III Instructions and explanations 1. A unique number should be generated by the issuing management authority for the certificate. 2. The date of expiry of the document may not be more than three years after the date of issuance. Where the travelling exhibition originates from a third country the expiry date shall be no later than that indicated on the equivalent certificate from that country. 3. Complete the full name, permanent address and country of the owner of the specimen covered by the certificate. Absence of the signature of the owner renders the certificate invalid. 4. The name, address and country of the issuing management authority should already be pre-printed on the form. 5. This block has been pre-printed to indicate the validity of the certificate for multiple cross-border movements of the specimen with its exhibition for exhibition purposes only, allowing the specimens to be displayed to the public in accordance with Article 8(3) of Regulation (EC) No 338/97 and to clarify that the certificate is not to be collected but is to remain with the specimen/owner. This block also can be used to justify the omission of certain information. 6. This block has been pre-printed to indicate that cross-border movement is permitted to any country accepting this certificate as a matter of national law. 7. This block has been pre-printed with the code Q for circuses and travelling exhibitions. 8. Where appropriate, indicate the number of the security stamp affixed in block 19. 9. The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. 10. Describe, as precisely as possible, the specimen covered by the certificate, including identifying marks (tags, rings, unique markings, etc.) sufficient to permit the authorities of the country into which the exhibition enters to verify that the certificate corresponds to the specimen covered. The sex and age, at the time of the issuance of the certificate, should be recorded, where possible. 11. Indicate the total number of specimens. In the case of live animals it should normally be one. If more than one specimen, state ‘see attached inventory’. 12. Enter the number of the Appendix to the Convention (I, II or III) in which the species is listed at the time of issuance of the certificate. 13. Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the time of issuance of the certificate. 14. Use the codes below to indicate the source. This certificate may not be used for specimens with source code W, R, F or U unless they were acquired in, or were introduced into, the Union before the provisions relating to species listed in Appendices I, II or III to the Convention or Annex C to Regulation (EEC) No 3626/82 or Annexes A, B and C to Regulation (EC) No 338/97 became applicable to them and the code O is also used. <table><col/><col/><tr><td><p>W</p></td><td><p>Specimens taken from the wild</p></td></tr></table> <table><col/><col/><tr><td><p>R</p></td><td><p>Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood</p></td></tr></table> <table><col/><col/><tr><td><p>A</p></td><td><p>Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>C</p></td><td><p>Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>F</p></td><td><p>Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>U</p></td><td><p>Source unknown (must be justified)</p></td></tr></table> <table><col/><col/><tr><td><p>O</p></td><td><p>Pre-Convention (may be used in conjunction with any other code).</p></td></tr></table> <table><col/><col/><tr><td><p>X</p></td><td><p>Specimens taken in the marine environment not under the jurisdiction of any State</p></td></tr></table> 15/16. The country of origin is the country where the specimens were taken from the wild, born and bred in captivity or artificially propagated. Where this is a third country, box 16 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15. 17. This block must contain the exhibition registration number. 18. Enter the date of acquisition only for specimens which were acquired in or were introduced into, the Union before the provisions relating to species listed in Appendices I, II or III to the Convention or Annex C to Regulation (EEC) No 3626/82 or Annexes A, B and C to Regulation (EC) No 338/97 applied to them. 19. To be completed by the official who issues the certificate. A certificate may only be issued by the management authority of the country where an exhibition is based and only when the owner of the exhibition has registered full details of the specimen with that management authority. In the case of an exhibition originating in a third country, a certificate may only be issued by the management authority of the country of first destination. The name of the issuing official must be written in full. The seal, signature and, where appropriate, security stamp number, should be clearly legible. 20. This block may be used to refer to national legislation or additional special conditions placed on the cross-border movement by the issuing management authority. 21. This block has been pre-printed to refer to the attached continuation sheet, which should indicate all cross-border movements. Subject to point 5, upon expiration, this document must be returned to the issuing management authority. The holder or his authorised representative shall surrender the original of this certificate (form 1) — and, where applicable, the travelling exhibition certificate issued by a third country — for verification purposes and submit the accompanying continuation sheet or (where the certificate is issued on the basis of an equivalent certificate from a third country) the two continuation sheets and copies thereof to a customs office designated in accordance with Article 12(1) of Regulation (EC) No 338/97. The customs office shall, after completing the continuation sheet or sheets, return the original of this certificate (form 1), the original certificate issued by a third country (where applicable) — and the continuation sheet or sheets — to the holder or to his authorised representative and forward an endorsed copy of the continuation sheet of the certificate issued by Member State’s management authority to the relevant management authority in accordance with Article 45 of Regulation (EC) No 865/2006. Instructions and explanations 3. Complete the full name, permanent address and country of the owner of the specimen covered by the certificate (not of an agent). Absence of the signature of the owner renders the certificate invalid. 8. Where appropriate, indicate the number of the security stamp affixed in block 19. 9. The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. 10. Describe, as precisely as possible, the specimen covered by the certificate, including identifying marks (tags, rings, unique markings, etc.) sufficient to permit the authorities of the country into which the exhibition enters to verify that the certificate corresponds to the specimen covered. The sex and age, at the time of the issuance of the certificate, should be recorded, where possible. 11. Indicate the total number of specimens. In the case of live animals it should normally be one. If more than one specimen, state ‘see attached inventory’. 12. Enter the number of the Appendix to the Convention (I, II or III) in which the species is listed at the time of application. 13. Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the time of application. 14. Use the codes below to indicate the source. This certificate may not be used for specimens with source code W, R, F or U unless they were acquired in, or were introduced into, the Union before the provisions relating to species listed in Appendices I, II or III to the Convention or Annex C to Regulation (EEC) No 3626/82 or Annexes A, B and C to Regulation (EC) No 338/97 became applicable to them and the code O is also used. <table><col/><col/><tr><td><p>W</p></td><td><p>Specimens taken from the wild</p></td></tr></table> <table><col/><col/><tr><td><p>R</p></td><td><p>Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood</p></td></tr></table> <table><col/><col/><tr><td><p>A</p></td><td><p>Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>C</p></td><td><p>Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>F</p></td><td><p>Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>U</p></td><td><p>Source unknown (must be justified)</p></td></tr></table> <table><col/><col/><tr><td><p>O</p></td><td><p>Pre-Convention (may be used in conjunction with any other code).</p></td></tr></table> <table><col/><col/><tr><td><p>X</p></td><td><p>Specimens taken in the marine environment not under the jurisdiction of any State</p></td></tr></table> 15/16. The country of origin is the country where the specimens were taken from the wild, born and bred in captivity, or artificially propagated. Where this is a third country (i.e. a non-EU country), box 16 must contain details of the relevant permit. Where specimens originating in a Member State of the Union are exported from another, only the name of the Member State of origin must be mentioned in box 15. 17. This block must contain the exhibition registration number. 18. Enter the date of acquisition only for specimens which were acquired in, or were introduced into, the Union before the provisions relating to species listed in Appendices I, II or III to the Convention or Annex C to Regulation (EEC) No 3626/82 or Annexes A, B and C to Regulation (EC) No 338/97 applied to them. 19. Provide as many details as possible and justify any omissions to the information required above. ANNEX IV ►( 1 ) M1 ANNEX V Instructions and explanations 1. Full name and address of the holder of the certificate, not of an agent. 2. Only to be completed in case the import permit for the specimens concerned prescribes the location at which they are to be kept, or where specimens that were taken from the wild in a Member State shall be required to be kept at an authorised address. Any movement, except for urgent veterinary treatment and provided the specimens are returned directly to their authorised location, from the location indicated shall then be subject to prior authorisation from the competent management authority (see box 19). 4. Description must be as precise as possible and include a three-letter code in accordance with Annex VII to Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. 5/6. Use the units of quantity and/or net mass in accordance with those contained in Annex VII to Regulation (EC) No 865/2006. 7. Enter the number of the CITES Appendix (I, II or III) in which the species is listed at the date of issue of the certificate. 8. Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the date of issue of the certificate. 9. Use one of the following codes to indicate the source: <table><col/><col/><tr><td><p>W</p></td><td><p>Specimens taken from the wild</p></td></tr></table> <table><col/><col/><tr><td><p>R</p></td><td><p>Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood</p></td></tr></table> <table><col/><col/><tr><td><p>D</p></td><td><p>Annex A animals bred in captivity for commercial purposes in operations included in the Register of the CITES Secretariat, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Annex A plants artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>A</p></td><td><p>Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>C</p></td><td><p>Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>F</p></td><td><p>Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>I</p></td><td><p>Confiscated or seized specimens&#160;(<a><span>8</span></a>)</p></td></tr></table> <table><col/><col/><tr><td><p>O</p></td><td><p>Pre-convention&#160;<a>(8)</a>&#160;</p></td></tr></table> <table><col/><col/><tr><td><p>U</p></td><td><p>Source unknown (must be justified)</p></td></tr></table> <table><col/><col/><tr><td><p>X</p></td><td><p>Specimens taken in the marine environment not under the jurisdiction of any State</p></td></tr></table> 10 to 12. The country of origin is the country where the specimens were taken form the wild, born and bred in captivity, or artificially propagated. 13 to 15. The Member State of import is, where applicable, the Member State having issued the import permit for the specimens concerned. 16. The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006. Instructions and explanations 1. Full name and address of the applicant for the certificate, not of an agent. 2. To be completed only on the application form in the case of live specimens of Annex A species other than captive bred or artificially propagated specimens. 4. Description must be as precise as possible and include a three-letter code in accordance with Annex VII to Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein. 5/6. Use the units of quantity and/or net mass in accordance with those contained in Annex VII to Regulation (EC) No 865/2006. 7. Enter the number of the CITES Appendix (I, II or III) in which the species is listed at the date of application. 8. Enter the letter of the Annex to Regulation (EC) No 338/97 (A, B or C) in which the species is listed at the date application. 9. Use one of the following codes to indicate the source: <table><col/><col/><tr><td><p>W</p></td><td><p>Specimens taken from the wild</p></td></tr></table> <table><col/><col/><tr><td><p>R</p></td><td><p>Specimens of animals reared in a controlled environment, taken as eggs or juveniles from the wild, where they would otherwise have had a very low probability of surviving to adulthood</p></td></tr></table> <table><col/><col/><tr><td><p>D</p></td><td><p>Annex A animals bred in captivity for commercial purposes in operations included in the Register of the CITES Secretariat, in accordance with Resolution Conf. 12.10 (Rev. CoP15), and Annex A plants artificially propagated for commercial purposes in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>A</p></td><td><p>Annex A plants artificially propagated for non-commercial purposes and Annexes B and C plants artificially propagated in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>C</p></td><td><p>Animals bred in captivity in accordance with Chapter XIII of Regulation (EC) No 865/2006, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>F</p></td><td><p>Animals born in captivity, but for which the criteria of Chapter XIII of Regulation (EC) No 865/2006 are not met, as well as parts and derivatives thereof</p></td></tr></table> <table><col/><col/><tr><td><p>I</p></td><td><p>Confiscated or seized specimens&#160;(<a><span>9</span></a>)</p></td></tr></table> <table><col/><col/><tr><td><p>O</p></td><td><p>Pre-convention&#160;<a>(9)</a>&#160;</p></td></tr></table> <table><col/><col/><tr><td><p>U</p></td><td><p>Source unknown (must be justified)</p></td></tr></table> <table><col/><col/><tr><td><p>X</p></td><td><p>Specimens taken in the marine environment not under the jurisdiction of any State</p></td></tr></table> 10 to 12. The country of origin is the country where the specimens were taken from the wild, born and bred in captivity, or artificially propagated. 13 to 15. The Member State of import is, where applicable, the Member State having issued the import permit for the specimens concerned. 16. The scientific name must be in accordance with the standard references for nomenclature referred to in Annex VIII to Regulation (EC) No 865/2006. 18. Provide as many details as possible and justify any omissions to the information required above. ANNEX VI <note> ( 1 ) OJ L 61, 3.3.1997, p. 1. ( 2 ) OJ L 166, 19.6.2006, p. 1. ( 3 ) OJ L 55, 28.2.2011, p. 13. ( 4 ) To be used only in conjunction with another source code. ( 5 ) To be used only in conjunction with another source code. ( 6 ) To be used only in conjunction with another source code. ( 7 ) To be used only in conjunction with another source code. ( 8 ) To be used only in conjunction with another source code. ( 9 ) To be used only in conjunction with another source code. </note>
ENG
02012R0792-20150205
02019R2026 — EN — 18.08.2020 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p>COUNCIL IMPLEMENTING REGULATION (EU) 2019/2026</p><p>of 21 November 2019</p><p><a>amending Implementing Regulation (EU) No 282/2011 as regards supplies of goods or services facilitated by electronic interfaces and the special schemes for taxable persons supplying services to non-taxable persons, making distance sales of goods and certain domestic supplies of goods</a></p><p>(OJ L 313 4.12.2019, p. 14)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>COUNCIL IMPLEMENTING REGULATION (EU) 2020/1112&#160;of 20 July 2020</a></p></td><td><p>&#160;&#160;L&#160;244</p></td><td><p>9</p></td><td><p>29.7.2020</p></td></tr></table> COUNCIL IMPLEMENTING REGULATION (EU) 2019/2026 of 21 November 2019 amending Implementing Regulation (EU) No 282/2011 as regards supplies of goods or services facilitated by electronic interfaces and the special schemes for taxable persons supplying services to non-taxable persons, making distance sales of goods and certain domestic supplies of goods Article 1 Implementing Regulation (EU) No 282/2011 is amended as follows: (1) Chapter IV is amended as follows: (a) the heading of Chapter IV is replaced by the following: ‘ TAXABLE TRANSACTIONS (TITLE IV OF DIRECTIVE 2006/112/EC) SECTION 1 Supply of goods (Articles 14 to 19 of Directive 2006/112/EC) ’; (b) the following Articles are inserted: ‘Article 5a For the application of Article 14(4) of Directive 2006/112/EC, goods shall be considered to have been dispatched or transported by or on behalf of the supplier, including where the supplier intervenes indirectly in the dispatch or transport of the goods, in particular in the following cases: (a) where the dispatch or transport of the goods is subcontracted by the supplier to a third party who delivers the goods to the customer; (b) where the dispatch or transport of the goods is provided by a third party but the supplier bears either the total or partial responsibility for the delivery of the goods to the customer; (c) where the supplier invoices and collects the transport fees from the customer and further remits them to a third party who will arrange the dispatch or transport of the goods; (d) where the supplier promotes by any means the delivery services of a third party to the customer, puts the customer and a third party in contact or otherwise provides to a third party the information needed for the delivery of the goods to the consumer. However, goods shall not be considered to have been dispatched or transported by or on behalf of the supplier where the customer transports the goods himself or where the customer arranges the delivery of the goods with a third person and the supplier does not intervene directly or indirectly to provide or to help organise the dispatch or transport of those goods. Article 5b For the application of Article 14a of Directive 2006/112/EC, the term “facilitates” means the use of an electronic interface to allow a customer and a supplier offering goods for sale through the electronic interface to enter into contact which results in a supply of goods through that electronic interface. However, a taxable person is not facilitating a supply of goods where all of the following conditions are met: (a) that taxable person does not set, either directly or indirectly, any of the terms and conditions under which the supply of goods is made; (b) that taxable person is not, either directly or indirectly, involved in authorising the charge to the customer in respect of the payment made; (c) that taxable person is not, either directly or indirectly, involved in the ordering or delivery of the goods. Article 14a of Directive 2006/112/EC shall not apply to a taxable person who only provides any of the following: (a) the processing of payments in relation to the supply of goods; (b) the listing or advertising of goods; (c) the redirecting or transferring of customers to other electronic interfaces where goods are offered for sale, without any further intervention in the supply. Article 5c For the application of Article 14a of Directive 2006/112/EC, a taxable person, who is deemed to have received and supplied the goods himself, shall not be held liable for the payment of VAT in excess of the VAT which he declared and paid on these supplies where all of the following conditions are met: (a) the taxable person is dependent on information provided by suppliers selling goods through an electronic interface or by other third parties in order to correctly declare and pay the VAT on those supplies; (b) the information referred to in point (a) is erroneous; (c) the taxable person can demonstrate that he did not and could not reasonably know that this information was incorrect. Article 5d Unless he has information to the contrary, the taxable person deemed to have received and supplied the goods pursuant to Article 14a of Directive 2006/112/EC shall regard: (a) the person selling goods through an electronic interface as a taxable person; (b) the person buying those goods as a non-taxable person.’; (c) the following heading is inserted before Article 6: ‘ Section 2 Supply of services (Articles 24 to 29 of Directive 2006/112/EC) ’; (2) Article 14 is deleted; (3) the following Chapter is inserted: ‘CHAPTER Va CHARGEABLE EVENT AND CHARGEABILITY OF VAT (TITLE VI OF DIRECTIVE 2006/112/EC) Article 41a For the application of Article 66a of Directive 2006/112/EC, the time when the payment has been accepted means the time when the payment confirmation, the payment authorisation message or a commitment for payment from the customer is received by or on behalf of the supplier selling goods through the electronic interface, regardless of when the actual payment of money is made, whichever is the earliest.’; (4) in Chapter X the following Section is inserted: ‘SECTION 1B Accounting (Articles 241 to 249 of Directive 2006/112/EC) Article 54b 1. For the application of Article 242a of Directive 2006/112/EC, the term “facilitates” means the use of an electronic interface to allow a customer and a supplier offering services or goods for sale through the electronic interface to enter into contact which results in a supply of goods or services through that electronic interface. However, the term “facilitates” shall not cover a supply of goods or services where all of the following conditions are met: (a) the taxable person does not set, either directly or indirectly, any of the terms and conditions under which the supply is made; (b) the taxable person is not, either directly or indirectly, involved in authorising the charge to the customer in respect of the payment made; (c) the taxable person is not, either directly or indirectly, involved in the ordering or delivery of the goods or in the supply of the services. 2. For the application of Article 242a of Directive 2006/112/EC, the term “facilitates” shall not cover instances where a taxable person only provides any of the following: (a) the processing of payments in relation to the supply of goods or services; (b) the listing or advertising of the goods or services; (c) the redirecting or transferring of customers to other electronic interfaces where goods or services are offered, without any further intervention in the supply. Article 54c 1. The taxable person referred to in Article 242a of Directive 2006/112/EC shall keep the following records in respect of supplies where he is deemed to have received and supplied goods himself in accordance with Article 14a of Directive 2006/112/EC or where he takes part in a supply of electronically-supplied services for which he is presumed to be acting in his own name in accordance with Article 9a of this Regulation: (a) the records as set out in Article 63c of this Regulation, where the taxable person has opted to apply one of the special schemes provided for Chapter 6 of Title XII of Directive 2006/112/EC; (b) the records as set out in Article 242 of Directive 2006/112/EC, where the taxable person has not opted to apply any of the special schemes provided for in Chapter 6 of Title XII of Directive 2006/112/EC. 2. The taxable person referred to in Article 242a of Directive 2006/112/EC shall keep the following information in respect of supplies other than those referred to in paragraph 1: (a) the name, postal address and electronic address or website of the supplier whose supplies are facilitated through the use of the electronic interface and, if available: (i) the VAT identification number or national tax number of the supplier; (ii) the bank account number or number of virtual account of the supplier; (b) a description of the goods, their value, the place where the dispatch or transport of the goods ends, together with the time of supply and, if available, the order number or unique transaction number; (c) a description of the services, their value, information in order to establish the place of supply and time of supply and, if available, the order number or unique transaction number.’; (5) Section 2 of Chapter XI is replaced by the following: ‘SECTION 2 Special schemes for taxable persons supplying services to non-taxable persons or making distance sales of goods or certain domestic supplies of goods (Articles 358 to 369x of Directive 2006/112/EC) Subsection 1 Definitions Article 57a For the purposes of this Section, the following definitions shall apply: (1) “non-Union scheme” means the special scheme for services supplied by taxable persons not established within the Community as set out in Section 2 of Chapter 6 of Title XII of Directive 2006/112/EC; (2) “Union scheme” means the special scheme for intra-Community distance sales of goods, for supplies of goods within a Member State made by electronic interfaces facilitating those supplies and for services supplied by taxable persons established within the Community but not in the Member State of consumption as set out in Section 3 of Chapter 6 of Title XII of Directive 2006/112/EC; (3) “import scheme” means the special scheme for distance sales of goods imported from third territories or third countries as set out in Section 4 of Chapter 6 of Title XII of Directive 2006/112/EC; (4) “special scheme” means the “non-Union scheme”, the “Union scheme” or the “import scheme” as the context requires; (5) “taxable person” means a taxable person referred to in Article 359 of Directive 2006/112/EC who is permitted to use the non-Union scheme, a taxable person referred to in Article 369b of that Directive who is permitted to use the Union scheme or a taxable person referred to in Article 369m of that Directive who is permitted to use the import scheme; (6) “intermediary” means a person defined in point (2) in the second paragraph of Article 369l of Directive 2006/112/EC. Subsection 2 Application of the Union scheme Article 57b (deleted) Subsection 3 Scope of the Union scheme Article 57c The Union scheme shall not apply to services supplied in a Member State where the taxable person has established his business or has a fixed establishment. The supply of those services shall be declared to the competent tax authorities of that Member State in the VAT return as provided for in Article 250 of Directive 2006/112/EC. Subsection 4 Identification Article 57d 1. Where a taxable person informs the Member State of identification that he intends to make use of the non-Union or the Union scheme, that special scheme shall apply as from the first day of the following calendar quarter. However, where the first supply of goods or services to be covered by the non-Union scheme or the Union scheme takes place before that date, the special scheme shall apply from the date of that first supply, provided the taxable person informs the Member State of identification of the commencement of his activities to be covered by the scheme no later than the tenth day of the month following that first supply. 2. Where a taxable person or an intermediary acting on his behalf informs the Member State of identification that he intends to make use of the import scheme, that special scheme shall apply from the day the taxable person or the intermediary has been allocated the individual VAT identification number for the import scheme as laid down in Article 369q(1) and (3) of Directive 2006/112/EC. Article 57e The Member State of identification shall identify the taxable person using the Union scheme by means of his VAT identification number referred to in Articles 214 and 215 of Directive 2006/112/EC. The individual identification number allocated to an intermediary pursuant to Article 369q(2) of Directive 2006/112/EC shall enable him to act as intermediary on behalf of taxable persons making use of the import scheme. However, this number cannot be used by the intermediary to declare VAT on taxable transactions. Article 57f 1. Where a taxable person using the Union scheme ceases to meet the conditions of the definition laid down in point (2) of Article 369a of Directive 2006/112/EC, the Member State in which he has been identified shall cease to be the Member State of identification. However, where that taxable person still fulfils the conditions for using that special scheme, he shall, in order to continue using that scheme, indicate as the new Member State of identification the Member State in which he has established his business or, if he has not established his business in the Community, a Member State where he has a fixed establishment. Where the taxable person using the Union scheme for the supply of goods is not established in the Community, he shall indicate as the new Member State of identification a Member State from which he dispatches or transports goods. Where the Member State of identification changes in accordance with the second subparagraph, that change shall apply from the date on which the taxable person ceases to have a place of business or a fixed establishment in the Member State previously indicated as the Member State of identification or from the date on which that taxable person ceases to dispatch or transport goods from that Member State. 2. Where a taxable person using the import scheme or an intermediary acting on his behalf ceases to meet the conditions laid down in points (b) to (e) of point (3) of the second paragraph of Article 369l of Directive 2006/112/EC, the Member State in which the taxable person or his intermediary has been identified shall cease to be the Member State of identification. However, where that taxable person or his intermediary still fulfils the conditions for using that special scheme, he shall, in order to continue using that scheme, indicate as the new Member State of identification the Member State in which he has established his business or, if he has not established his business in the Community, a Member State where he has a fixed establishment. Where the Member State of identification changes in accordance with the second subparagraph, that change shall apply from the date on which the taxable person or his intermediary ceases to have a place of business or a fixed establishment in the Member State previously indicated as the Member State of identification. Article 57g 1. A taxable person using the non-Union or the Union scheme may cease using those special schemes regardless of whether he continues to supply goods or services which can be eligible for those special schemes. The taxable person shall inform the Member State of identification at least 15 days before the end of the calendar quarter prior to that in which he intends to cease using the scheme. Cessation shall be effective as of the first day of the next calendar quarter. VAT obligations relating to supplies of goods or services arising after the date on which the cessation became effective shall be discharged directly with the tax authorities of the Member State of consumption concerned. 2. A taxable person using the import scheme may cease using that scheme regardless of whether he continues to carry out distance sales of goods imported from third territories or third countries. The taxable person or the intermediary acting on his behalf shall inform the Member State of identification at least 15 days before the end of the month prior to that in which he intends to cease using the scheme. Cessation shall be effective from the first day of the next month and the taxable person shall no longer be allowed to use the scheme for supplies carried out from that day. Subsection 5 Reporting obligations Article 57h 1. A taxable person or an intermediary acting on his behalf shall, no later than the tenth day of the next month, inform the Member State of identification by electronic means of any of the following: (a) the cessation of his activities covered by a special scheme; (b) any changes to his activities covered by a special scheme whereby he no longer meets the conditions necessary for using that special scheme; (c) any changes to the information previously provided to the Member State of identification. 2. Where the Member State of identification changes in accordance with Article 57f, the taxable person or the intermediary acting on his behalf shall inform both relevant Member States of the change no later than the tenth day of the month following that change. He shall communicate to the new Member State of identification the registration details required when a taxable person makes use of a special scheme for the first time. Subsection 6 Exclusion Article 58 1. Where a taxable person using one of the special schemes meets one or more of the criteria for exclusion laid down in Article 369e or for deletion from the identification register laid down in Article 363 or in Article 369r(1) and (3) of Directive 2006/112/EC, the Member State of identification shall exclude that taxable person from that scheme. Only the Member State of identification can exclude a taxable person from one of the special schemes. The Member State of identification shall base its decision on exclusion or deletion on any information available, including information provided by any other Member State. 2. The exclusion of a taxable person from the non-Union scheme or the Union scheme shall be effective from the first day of the calendar quarter following the day on which the decision on exclusion is sent by electronic means to the taxable person. However, where the exclusion is due to a change of place of business or fixed establishment or of the place from which dispatch or transport of goods begins, the exclusion shall be effective from the date of that change. 3. The exclusion of a taxable person from the import scheme shall be effective from the first day of the month following the day on which the decision on exclusion is sent by electronic means to the taxable person except for following situations: (a) where the exclusion is due to a change of his place of business or fixed establishment, in which case the exclusion shall be effective from the date of that change; (b) where the exclusion is due to his persistent failure to comply with the rules of this scheme, in which case the exclusion shall be effective from the day following that on which the decision on exclusion is sent by electronic means to the taxable person. 4. Except for the situation covered by point (b) of paragraph 3, the individual VAT identification number allocated for the use of the import scheme shall remain valid for the period of time needed to import the goods that were supplied prior to the date of exclusion, which may however not exceed two months as from that date. 5. Where an intermediary meets one of the criteria for deletion laid down in Article 369r(2) of Directive 2006/112/EC, the Member State of identification shall delete that intermediary from the identification register and shall exclude the taxable persons represented by that intermediary from the import scheme. Only the Member State of identification can delete an intermediary from the identification register. The Member State of identification shall base its decision on deletion on any information available, including information provided by any other Member State. The deletion of an intermediary from the identification register shall be effective from the first day of the month following the day on which the decision on deletion is sent by electronic means to the intermediary and the taxable persons he represents, except in the following situations: (a) where the deletion is due to a change of his place of business or fixed establishment, in which case the deletion shall be effective as from the date of that change; (b) where the deletion of the intermediary is due to his persistent failure to comply with the rules of the import scheme, in which case the deletion shall be effective as from the day following that on which the decision on deletion is sent by electronic means to the intermediary and the taxable persons he represents. Article 58a A taxable person using a special scheme who has, for a period of two years, made no supplies of goods or services covered by that scheme in any Member State of consumption shall be assumed to have ceased his taxable activities within the meaning of point (b) of Article 363, point (b) of Article 369e, point (b) of Article 369r(1) or point (b) of Article 369r(3) of Directive 2006/112/EC respectively. This cessation shall not preclude him from using a special scheme if he recommences his activities covered by any scheme. Article 58b 1. Where a taxable person is excluded from one of the special schemes for persistent failure to comply with the rules relating to that scheme, that taxable person shall remain excluded from using any of the special schemes in any Member State for two years following the return period during which the taxable person was excluded. However, the first subparagraph shall not apply in respect of the import scheme where the exclusion was due to persistent failure to comply with the rules by the intermediary acting on behalf of the taxable person. Where an intermediary is deleted from the identification register for persistent failure to comply with the rules of the import scheme, he shall not be allowed to act as an intermediary for two years following the month during which he was deleted from that register. 2. A taxable person or an intermediary shall be regarded as having persistently failed to comply with the rules relating to one of the special schemes, within the meaning of point (d) of Article 363, point (d) of Article 369e, point (d) of Article 369r(1), point (c) of Article 369r(2) or point (d) of Article 369r(3) of Directive 2006/112/EC, in at least the following cases: (a) where reminders pursuant to Article 60a have been issued to him or the intermediary acting on his behalf by the Member State of identification for three immediately preceding return periods and the VAT return has not been submitted for each and every one of these return periods within 10 days after the reminder has been sent; (b) where reminders pursuant to Article 63a have been issued to him or the intermediary acting on his behalf by the Member State of identification for three immediately preceding return periods and the full amount of VAT declared has not been paid by him or the intermediary acting on his behalf for each and every one of these return periods within 10 days after the reminder has been sent, except where the remaining unpaid amount is less than EUR 100 for each return period; (c) where, following a request from the Member State of identification and one month after a subsequent reminder by the Member State of identification, he or the intermediary acting on his behalf has failed to make electronically available the records referred to in Articles 369, 369k and 369x of Directive 2006/112/EC. Article 58c A taxable person who has been excluded from the non-Union scheme or the Union scheme shall discharge all VAT obligations relating to supplies of goods or services arising after the date on which the exclusion became effective directly with the tax authorities of the Member State of consumption concerned. Subsection 7 VAT return Article 59 1. Any return period within the meaning of Articles 364, 369f or 369s of Directive 2006/112/EC shall be a separate return period. 2. Where, in accordance with the second subparagraph of paragraph 1 of Article 57d, the non-Union or the Union scheme applies from the date of the first supply, the taxable person shall submit a separate VAT return for the calendar quarter during which the first supply took place. 3. Where a taxable person has been registered under the non-Union scheme and the Union scheme during a return period, he shall submit VAT returns and make the corresponding payments to the Member State of identification for each scheme in respect of the supplies made and the periods covered by that scheme. 4. Where the Member State of identification changes in accordance with Article 57f after the first day of the return period in question, the taxable person or the intermediary acting on his behalf shall submit VAT returns and make corresponding payments to both the former and the new Member State of identification covering the supplies made during the respective periods in which the Member States have been the Member State of identification. Article 59a Where a taxable person using a special scheme has supplied no goods or services in any Member State of consumption under that special scheme during a return period and has no corrections to make in respect of previous returns, he or the intermediary acting on his behalf shall submit a VAT return indicating that no supplies have been made during that period (a nil-VAT return). Article 60 Amounts on VAT returns made under the special schemes shall not be rounded up or down to the nearest whole monetary unit. The exact amount of VAT shall be reported and remitted. Article 60a The Member State of identification shall remind, by electronic means, taxable persons or intermediaries acting on their behalf who have failed to submit a VAT return under Articles 364, 369f or 369s of Directive 2006/112/EC of their obligation to submit such a return. The Member State of identification shall issue the reminder on the tenth day following that on which the return should have been submitted, and shall inform the other Member States by electronic means that a reminder has been issued. Any subsequent reminders and steps taken to assess and collect the VAT shall be the responsibility of the Member State of consumption concerned. Notwithstanding any reminders issued and any steps taken by a Member State of consumption, the taxable person or the intermediary acting on his behalf shall submit the VAT return to the Member State of identification. Article 61 1. Changes to the figures contained in a VAT return relating to periods up to and including the second return period in 2021 shall, after the submission of that VAT return, be made only by means of amendments to that return and not by adjustments in a subsequent return. Changes to the figures contained in a VAT return relating to periods from the third return period in 2021 shall, after the submission of that VAT return, be made only by adjustments in a subsequent return. 2. The amendments referred to in paragraph 1 shall be submitted electronically to the Member State of identification within three years of the date on which the initial return was required to be submitted. However, the rules of the Member State of consumption on assessments and amendments shall remain unaffected. Article 61a 1. A taxable person or an intermediary acting on his behalf shall submit his final VAT return and any late submissions of previous returns, and the corresponding payments, to the Member State which was the Member State of identification at the time of the cessation, exclusion or change where: (a) he ceases to use one of the special schemes; (b) he is excluded from one of the special schemes; (c) he changes the Member State of identification in accordance with Article 57f. Any corrections to the final return and previous returns arising after the submission of the final return shall be discharged directly with the tax authorities of the Member State of consumption concerned. 2. In respect of all taxable persons on whose behalf he is acting, an intermediary shall submit the final VAT returns and any late submissions of previous returns, and the corresponding payments, to the Member State which was the Member State of identification at the time of deletion or change where: (a) he is deleted from the identification register; (b) he changes the Member State of identification in accordance with Article 57f(2). Any corrections to the final return and previous returns arising after the submission of the final return shall be discharged directly with the tax authorities of the Member State of consumption concerned. Subsection 7a Import scheme — chargeable event Article 61b For the application of Article 369n of Directive 2006/112/EC, the time when the payment has been accepted means the time when the payment confirmation, the payment authorisation message or a commitment for payment from the customer has been received by or on behalf of the taxable person making use of the import scheme, regardless of when the actual payment of money is made, whichever is the earliest. Subsection 8 Currency Article 61c Where a Member State of identification whose currency is not the euro determines that VAT returns are to be made out in its national currency, that determination shall apply to the VAT returns of all taxable persons using the special schemes. Subsection 9 Payments Article 62 Without prejudice to the third subparagraph of Article 63a, and to Article 63b, a taxable person or the intermediary acting on his behalf shall make any payment to the Member State of identification. Payments of VAT made by the taxable person or the intermediary acting on his behalf under Articles 367, 369i or 369v of Directive 2006/112/EC shall be specific to the VAT return submitted pursuant to Articles 364, 369f or 369s of that Directive. Any subsequent adjustment to the amounts paid shall be effected by the taxable person or the intermediary acting on his behalf only by reference to that return and may neither be allocated to another return nor adjusted on a subsequent return. Each payment shall refer to the reference number of that specific return. Article 63 A Member State of identification which receives a payment in excess of that resulting from the VAT return submitted under Articles 364, 369f or 369s of Directive 2006/112/EC shall reimburse the overpaid amount directly to the taxable person concerned or the intermediary acting on his behalf. Where a Member State of identification has received an amount in respect of a VAT return subsequently found to be incorrect, and that Member State has already distributed that amount to the Member States of consumption, those Member States of consumption shall each reimburse their respective part of any overpaid amount directly to the taxable person or to the intermediary acting on his behalf. However, where overpayments relate to periods up to and including the last return period in 2018, the Member State of identification shall reimburse the relevant portion of the corresponding part of the amount retained in accordance with Article 46(3) of Regulation (EU) No 904/2010 and the Member State of consumption shall reimburse the overpayment less the amount that shall be reimbursed by the Member State of identification. The Member States of consumption shall, by electronic means, inform the Member State of identification of the amount of those reimbursements. Article 63a Where a taxable person or the intermediary acting on his behalf has submitted a VAT return under Articles 364, 369f or 369s of Directive 2006/112/EC, but no payment has been made or the payment is less than that resulting from the return, the Member State of identification shall, by electronic means on the tenth day following the latest day on which the payment should have been made in accordance with Articles 367, 369i or 369v of Directive 2006/112/EC, remind the taxable person or the intermediary acting on his behalf of any VAT payment outstanding. The Member State of identification shall by electronic means inform the Member States of consumption that the reminder has been sent. Any subsequent reminders and steps taken to collect the VAT shall be the responsibility of the Member State of consumption concerned. When such subsequent reminders have been issued by a Member State of consumption, the corresponding VAT shall be paid to that Member State. The Member State of consumption shall, by electronic means, inform the Member State of identification that a reminder has been issued. Article 63b Where no VAT return has been submitted, or where the VAT return has been submitted late or is incomplete or incorrect, or where the payment of VAT is late, any interest, penalties or any other charges shall be calculated and assessed by the Member State of consumption. The taxable person or the intermediary acting on his behalf shall pay such interests, penalties or any other charges directly to the Member State of consumption. Subsection 10 Records Article 63c 1. In order to be regarded as sufficiently detailed within the meaning of Articles 369 and 369k of Directive 2006/112/EC, the records kept by the taxable person shall contain the following information: (a) the Member State of consumption to which the goods or services are supplied; (b) the type of services or the description and quantity of goods supplied; (c) the date of the supply of the goods or services; (d) the taxable amount indicating the currency used; (e) any subsequent increase or reduction of the taxable amount; (f) the VAT rate applied; (g) the amount of VAT payable indicating the currency used; (h) the date and amount of payments received; (i) any payments on account received before the supply of the goods or services; (j) where an invoice is issued, the information contained on the invoice; (k) in respect of services, the information used to determine the place where the customer is established or has his permanent address or usually resides and, in respect of goods, the information used to determine the place where the dispatch or the transport of the goods to the customer begins and ends; (l) any proof of possible returns of goods, including the taxable amount and the VAT rate applied. 2. In order to be regarded as sufficiently detailed within the meaning of Article 369x of Directive 2006/112/EC, the records kept by the taxable person or the intermediary acting on his behalf shall contain the following information: (a) the Member State of consumption to which the goods are supplied; (b) the description and quantity of goods supplied; (c) the date of the supply of goods; (d) the taxable amount indicating the currency used; (e) any subsequent increase or reduction of the taxable amount; (f) the VAT rate applied; (g) the amount of VAT payable indicating the currency used; (h) the date and amount of payments received; (i) where an invoice is issued, the information contained on the invoice; (j) the information used to determine the place where the dispatch or the transport of the goods to the customer begins and ends; (k) proof of possible returns of goods, including the taxable amount and VAT rate applied; (l) the order number or unique transaction number; (m) the unique consignment number where that taxable person is directly involved in the delivery. 3. The information referred to in paragraphs 1 and 2 shall be recorded by the taxable person or the intermediary acting on his behalf in such a way that it can be made available by electronic means without delay and in respect of each individual good or service supplied. Where a taxable person or the intermediary acting on his behalf has been requested to submit, by electronic means, the records referred to in Articles 369, 369k and 369x of Directive 2006/112/EC and he has failed to submit them within 20 days of the date of the request, the Member State of identification shall remind the taxable person or the intermediary acting on his behalf to submit those records. The Member State of identification shall by electronic means inform the Member States of consumption that the reminder has been sent.’. (6) in Chapter XI the following Section is inserted: ‘SECTION 3 Special arrangements for declaration and payment of import VAT (Articles 369y to 369zb of Directive 2006/112/EC) Article 63d The application of monthly payment of import VAT in accordance with the special arrangements for declaration and payment of import VAT provided for in Chapter 7 of Title XII of Directive 2006/112/EC may be subject to the conditions applicable for the deferment of payment of customs duty in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council ( *1 ). For the purpose of the application of the special arrangements, Member States may regard the condition ‘presenting the goods to customs on behalf of the person for whom the goods are destined’ as fulfilled if the person presenting the goods to customs declares his intention to make use of the special arrangements and to collect the VAT from the person for whom the goods are destined. 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 . It shall apply from 1 July 2021. However, Member States shall allow taxable persons and intermediaries acting on their behalf to submit the information required under Articles 360, 369c or 369o of Directive 2006/112/EC for registration under the special schemes as from 1 April 2021. This Regulation shall be binding in its entirety and directly applicable in all Member States. <note> ( *1 ) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).’. </note>
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02019R2026-20200818
<table><col/><col/><col/><col/><tbody><tr><td><p>31.1.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 20/40</p></td></tr></tbody></table> COMMISSION DELEGATED REGULATION (EU) 2022/125 of 19 November 2021 amending Annexes I to V to Regulation (EU) No 691/2011 of the European Parliament and of the Council on European environmental economic accounts (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 691/2011 of the European Parliament and of the Council of 6 July 2011 on European environmental economic accounts ( 1 ) , and in particular Article 3(3) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>To carry out its tasks under the Treaties, especially those related to the environment, sustainability and climate change, the Commission requires access to full, up-to-date and reliable information. Regulation (EU) No&#160;691/2011 establishes a common framework for European environmental economic accounts, including lists of characteristics for which data are to be compiled and transmitted, and rules on the frequency and transmission deadlines for the compilation of the accounts.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The lists of characteristics of environmental accounts are essential to ensure comparability of statistical data across Member States. They now need to be updated to align to updates in the data sources for the accounts and to keep relevance for users.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>To better monitor progress towards a green, competitive and resilient circular economy&#160;<a>(<span>2</span>)</a> and progress towards the sustainable development goals relevant to the EU, additional up-to-date data concerning the links of the environment and the economy is required.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The lists of characteristics of environmental accounts are essential to ensure comparability of statistical data across Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The list of air pollutants in Annex I to Regulation (EU) No&#160;691/2011 should be updated to align to the list of greenhouse gases that are reported under the United Nations Framework Convention on Climate Change (UNFCCC), which was revised after the second commitment period of the Kyoto Protocol, as well as to the guidelines for emission inventories under the Convention on long-range transboundary air pollution (CLRTAP) and definitions of Directive (EU) 2016/2284 of the European Parliament and of the Council on the reduction of national emissions of certain atmospheric pollutants (National Emissions Ceilings Directive)&#160;<a>(<span>3</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>To better serve climate policies, Member States should be required to provide a breakdown of taxes recorded for government revenue arising from the EU Emissions Trading System (EU ETS) and other CO<span>2</span> taxes. Those taxes should therefore be included in the list of characteristics in Annex II to Regulation (EU) No&#160;691/2011.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The information in Tables C and E of Annex III to Regulation (EU) No&#160;691/2011 is no longer necessary to produce Union aggregates, as Eurostat has developed a new method based on other readily available data. Those tables should therefore be deleted.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>To better serve thematic environmental policies for the European Green Deal, the environmental accounts protection expenditure accounts must distinguish for all sectors the environmental purposes of Protection of ambient air and climate (Classification of environmental protection activities (CEPA) 1), Wastewater management (CEPA 2), Waste management (CEPA 3), Protection and remediation of soil, groundwater and surface water (CEPA 4), Noise and vibration abatement (CEPA 5), Protection of biodiversity and landscapes (CEPA 6), Protection against radiation, R&#160;&amp;&#160;D and other environmental protection activities (CEPA 7&#8211;9). Annex IV to Regulation (EU) No&#160;691/2011 should therefore be updated to reflect those changes.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>Information on the marketed share of the environmental goods and services sector is not sufficient to serve environmental policies. Annex V to Regulation (EU) No&#160;691/2011 should therefore be updated to require Member States to provide information on the total size of the sector.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>To make it easier for users to interpret data and to allow Member States to assure quality during data compilation, Member States should provide information on all components of national expenditure on environmental protection. This includes estimates and information on the intermediate consumption of environmental protection services. Eurostat&#8217;s experience with validating Member States&#8217; data demonstrates that, based on the accounting relations between other mandatory reporting categories, Eurostat cannot derive the data on the intermediate consumption of environmental protection services, such as costs of waste disposal or wastewater treatment services incurred by corporations, with sufficient quality for all Member States. Annex IV to Regulation (EU) No&#160;691/2011 should therefore be updated so that Member States compile and report data for this item, undertaking all relevant quality assurance measures.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>To accurately measure the total national expenditure on environmental protection, there is a need to identify all expenditure for environmental protection services that have been incurred for the purpose of producing other environmental protection services, and thus have already been covered in the value of relevant final products. Therefore, it is essential that Member States report all intermediate consumption of environmental protection services for the production of environmental protection services, whether by specialist producers or not.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>Reporting deadlines for European environmental economic accounts should be reduced, to improve the usefulness of the accounts for policy making purposes.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>To reduce the reporting burden for the Member States, the required level of detail of the classification NACE should be reduced for the environmental goods and services sector accounts and for the environmental protection expenditure accounts for NACE category &#8216;Manufacturing&#8217;. That is a cost-effective measure which also enhances data availability to users, by reducing the number of confidentiality flags and data disclosure restrictions. Annexes IV and V to Regulation (EU) No&#160;691/2011 should therefore be updated.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>To offset the additional burden imposed by shorter reporting deadlines and updated lists of characteristics, a burden reduction should be introduced in the form of a threshold of 1&#160;% for breakdowns by economic activity in the environmental protection expenditure account.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>The first reference year for the updated data must be established.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Regulation (EU) No&#160;691/2011 should therefore be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Annexes I to V to Regulation (EU) No 691/2011 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 the Member States. Done at Brussels, 19 November 2021. For the Commission The President Ursula VON DER LEYEN ( 1 ) OJ L 192, 22.7.2011, p. 1 . ( 2 ) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A new Circular Economy Action Plan For a cleaner and more competitive Europe, COM(2020)98 final. ( 3 ) Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 on the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC ( OJ L 344, 17.12.2016, p. 1 ). ANNEX Annexes I to V to Regulation (EU) No 691/2011 are amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Annex I is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Section 3 is replaced by the following:</p><p>&#8216;Section 3</p><p>LIST OF CHARACTERISTICS</p><p>Member States shall produce statistics on the emissions of the following air pollutants:</p><table><col/><col/><col/><tbody><tr><td><p><span>Name</span></p></td><td><p><span>Symbol</span></p></td><td><p>Reporting unit</p></td></tr><tr><td><p>Carbon dioxide without emissions from biomass</p></td><td><p>CO<span>2</span></p></td><td><p>1&#160;000 tonnes (Gg)</p></td></tr><tr><td><p>Carbon dioxide from biomass</p></td><td><p>Biomass CO<span>2</span></p></td><td><p>1&#160;000 tonnes (Gg)</p></td></tr><tr><td><p>Nitrous oxide</p></td><td><p>N<span>2</span>O</p></td><td><p>tonnes (Mg)</p></td></tr><tr><td><p>Methane</p></td><td><p>CH<span>4</span></p></td><td><p>tonnes (Mg)</p></td></tr><tr><td><p>Perfluorocarbons</p></td><td><p>PFCs</p></td><td><p>tonnes (Mg) CO<span>2</span>-equivalents</p></td></tr><tr><td><p>Hydrofluorocarbons</p></td><td><p>HFCs</p></td><td><p>tonnes (Mg) CO<span>2</span>-equivalents</p></td></tr><tr><td><p>Sulphur hexafluoride and nitrogen trifluoride</p></td><td><p>SF<span>6</span> NF<span>3</span></p></td><td><p>tonnes (Mg) CO<span>2</span>-equivalents</p></td></tr><tr><td><p>Nitrogen oxides</p></td><td><p>NOX</p></td><td><p>tonnes (Mg) NO<span>2</span>-equivalents</p></td></tr><tr><td><p>Non-methane volatile organic compounds</p></td><td><p>NMVOCs</p></td><td><p>tonnes (Mg)</p></td></tr><tr><td><p>Carbon monoxide</p></td><td><p>CO</p></td><td><p>tonnes (Mg)</p></td></tr><tr><td><p>Particulate matter &lt;&#160;10 &#956;m</p></td><td><p>PM10</p></td><td><p>tonnes (Mg)</p></td></tr><tr><td><p>Particulate matter &lt;&#160;2,5 &#956;m</p></td><td><p>PM2,5</p></td><td><p>tonnes (Mg)</p></td></tr><tr><td><p>Sulphur oxides</p></td><td><p>SO<span>X</span></p></td><td><p>tonnes (Mg) SO<span>2</span>-equivalents</p></td></tr><tr><td><p>Ammonia</p></td><td><p>NH<span>3</span></p></td><td><p>tonnes (Mg)</p></td></tr></tbody></table><p>All data shall be reported to one decimal place.&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Section 5 is replaced by the following:</p><p>&#8216;Section 5</p><p>REPORTING TABLES</p><table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>For each of the characteristics referred to in Section 3, data shall be produced by a hierarchical classification of economic activities, NACE Rev. 2 (A*64 aggregation level), fully compatible with ESA 95. In addition, data shall be produced for:</span><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Household air emissions,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Bridging items, by which is meant reporting items which clearly reconcile the differences between the air emissions accounts reported under this Regulation and those data reported in official national air emission inventories.</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>The hierarchical classification referred to in paragraph 1 is as follows:</span><p>Air emissions by industry &#8211; NACE Rev. 2 (A*64)</p><p>Household air emissions</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Heating/cooling</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Other</p></td></tr></tbody></table><p>Bridging items</p><p>Total air emission accounts (production activities&#160;+&#160;households) for each of the characteristics referred to in Section 3</p><p>Less national residents abroad</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>National fishing vessels operating abroad</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Land transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Water transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Air transport</p></td></tr></tbody></table></td></tr></tbody></table><p>Plus non-residents on the territory</p><table><col/><col/><tbody><tr><td><p>+</p></td><td><p>Land transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>+</p></td><td><p>Water transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>+</p></td><td><p>Air transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(+&#160;or &#8211;)</p></td><td><p>Other adjustments and statistical discrepancies</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>=</p></td><td><p>Total emissions of pollutant X as reported to UNFCCC&#160;<a>(<span>1</span>)</a>/CLRTAP&#160;<a>(<span>2</span>)</a>&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>in Annex II, Sections 3 and&#160;4 are replaced by the following:</p><p>&#8216;Section 3</p><p>LIST OF CHARACTERISTICS</p><p>Member States shall produce statistics on environmentally related taxes according to the following characteristics:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>energy taxes,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>transport taxes,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>pollution taxes,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>resource taxes,</p></td></tr></tbody></table><p>Member States shall also report, as a distinct characteristic, government tax revenue recorded in the European System of Accounts in relation to their participation in the EU Emissions Trading System.</p><p>Member States shall also report, as a distinct characteristic, other environmentally related taxes which have been included in total energy, transport, pollution or resource taxes and are levied on carbon content of fuels (other CO<span>2</span> taxes).</p><p>All data shall be reported in million national currency.</p><p>Section 4</p><p>FIRST REFERENCE YEAR, FREQUENCY AND TRANSMISSION DEADLINES</p><table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>Statistics shall be compiled and transmitted on a yearly basis.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>Statistics shall be transmitted within 16 months of the end of the reference year. This applies from the reference year 2020.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>In order to meet user needs for complete and timely datasets, the Commission (Eurostat) shall produce, as soon as sufficient country data becomes available, estimates for the EU-27 totals for the main aggregates of this module. The Commission (Eurostat) shall, wherever possible, produce and publish estimates for data that have not been transmitted by Member States within the deadline specified in point 2.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>The first reference year is the year 2020.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>5.</p></td><td><span>In each data transmission to the Commission, Member States shall provide annual data for the years n-4, n-3, n-2, n-1 and n, where n is the reference year. Member States may provide any available data for the years preceding 2016.&#8217;;</span></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>in Annex III, Sections 4 and&#160;5 are replaced by the following:</p><p>&#8216;Section 4</p><p>FIRST REFERENCE YEAR, FREQUENCY AND TRANSMISSION DEADLINES</p><table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>Statistics shall be compiled and transmitted on a yearly basis.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>Statistics shall be transmitted within 16 months of the end of the reference year. This applies from the reference year 2021.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>In order to meet user needs for complete and timely datasets, the Commission (Eurostat) shall produce, as soon as sufficient country data becomes available, estimates for the EU-27 totals for the main aggregates of this module. The Commission (Eurostat) shall, wherever possible, produce and publish estimates for data that have not been transmitted by Member States within the deadline specified in point 2.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>The first reference year is 2021.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>5.</p></td><td><span>In each data transmission to the Commission, Member States shall provide annual data for the years n-4, n-3, n-2, n-1 and n, where n is the reference year. Member States may provide any available data for the years preceding 2017.</span></td></tr></tbody></table><p>Section 5</p><p>REPORTING TABLES</p><p>Data, expressed in mass units, shall be produced for the characteristics listed in the following tables.</p><p>Table A &#8211; Domestic extraction</p><table><col/><col/><tbody><tr><td><p>MF.1</p></td><td><p>Biomass</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1</p></td><td><p>Crops (excluding fodder crops)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.1</p></td><td><p>Cereals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.2</p></td><td><p>Roots, tubers</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.3</p></td><td><p>Sugar crops</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.4</p></td><td><p>Pulses</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.5</p></td><td><p>Nuts</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.6</p></td><td><p>Oil-bearing crops</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.7</p></td><td><p>Vegetables</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.8</p></td><td><p>Fruits</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.9</p></td><td><p>Fibres</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.A</p></td><td><p>Other crops (excluding fodder crops) n.e.c.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2</p></td><td><p>Crop residues (used), fodder crops and grazed biomass</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.1</p></td><td><p>Crop residues (used)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.1.1</p></td><td><p>Straw</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.1.2</p></td><td><p>Other crop residues (sugar and fodder beet leaves, etc.)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.2</p></td><td><p>Fodder crops and grazed biomass</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.2.1</p></td><td><p>Fodder crops (including biomass harvest from grassland)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.2.2</p></td><td><p>Grazed biomass</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.3</p></td><td><p>Wood</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.3.1</p></td><td><p>Timber (industrial roundwood)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.3.2</p></td><td><p>Wood fuel and other extraction</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.4</p></td><td><p>Wild fish catch, aquatic plants and animals, hunting and gathering</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.4.1</p></td><td><p>Wild fish catch</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.4.2</p></td><td><p>All other aquatic animals and plants</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.4.3</p></td><td><p>Hunting and gathering</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2</p></td><td><p>Metal ores (gross ores)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.1</p></td><td><p>Iron</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2</p></td><td><p>Non-ferrous metal</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.1</p></td><td><p>Copper</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.2</p></td><td><p>Nickel</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.3</p></td><td><p>Lead</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.4</p></td><td><p>Zinc</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.5</p></td><td><p>Tin</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.6</p></td><td><p>Gold, silver, platinum and other precious metals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.7</p></td><td><p>Bauxite and other aluminium</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.8</p></td><td><p>Uranium and thorium</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.9</p></td><td><p>Other non-ferrous metals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3</p></td><td><p>Non-metallic minerals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.1</p></td><td><p>Marble, granite, sandstone, porphyry, basalt, other ornamental or building stone (excluding slate)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.2</p></td><td><p>Chalk and dolomite</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.3</p></td><td><p>Slate</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.4</p></td><td><p>Chemical and fertiliser minerals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.5</p></td><td><p>Salt</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.6</p></td><td><p>Limestone and gypsum</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.7</p></td><td><p>Clays and kaolin</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.8</p></td><td><p>Sand and gravel</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.9</p></td><td><p>Other non-metallic minerals n.e.c.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.A</p></td><td><p>Excavated earthen materials (including soil), only if used (optional reporting)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4</p></td><td><p>Fossil energy materials/carriers</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1</p></td><td><p>Coal and other solid energy materials/carriers</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1.1</p></td><td><p>Lignite (brown coal)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1.2</p></td><td><p>Hard coal</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1.3</p></td><td><p>Oil shale and tar sands</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1.4</p></td><td><p>Peat</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2</p></td><td><p>Liquid and gaseous energy materials/carriers</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2.1</p></td><td><p>Crude oil, condensate and natural gas liquids (NGL)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2.2</p></td><td><p>Natural gas</p></td></tr></tbody></table><p>Tables B (Imports &#8211; Total trade) and D (Exports &#8211; Total trade)</p><table><col/><col/><tbody><tr><td><p>MF.1</p></td><td><p>Biomass</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1</p></td><td><p>Crops (excluding fodder crops)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.1</p></td><td><p>Cereals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.2</p></td><td><p>Roots, tubers</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.3</p></td><td><p>Sugar crops</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.4</p></td><td><p>Pulses</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.5</p></td><td><p>Nuts</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.6</p></td><td><p>Oil-bearing crops</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.7</p></td><td><p>Vegetables</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.8</p></td><td><p>Fruits</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.9</p></td><td><p>Fibres</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.1.A</p></td><td><p>Other crops (excluding fodder crops) n.e.c.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2</p></td><td><p>Crop residues (used), fodder crops and grazed biomass</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.1</p></td><td><p>Crop residues (used)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.1.1</p></td><td><p>Straw</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.1.2</p></td><td><p>Other crop residues (sugar and fodder beet leaves, etc.)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.2</p></td><td><p>Fodder crops and grazed biomass</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.2.2.1</p></td><td><p>Fodder crops (including biomass harvest from grassland)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.3</p></td><td><p>Wood</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.3.1</p></td><td><p>Timber (industrial roundwood)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.3.2</p></td><td><p>Wood fuel and other extraction</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.4</p></td><td><p>Wild fish catch, aquatic plants and animals, hunting and gathering</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.4.1</p></td><td><p>Wild fish catch</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.4.2</p></td><td><p>All other aquatic animals and plants</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.5</p></td><td><p>Live animals and animal products (excluding wild fish, aquatic plants and animals, hunted and gathered animals)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.5.1</p></td><td><p>Live animals (excluding wild fish, aquatic plants and animals, hunted and gathered animals)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.5.2</p></td><td><p>Meat and meat preparations</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.5.3</p></td><td><p>Dairy products, birds, eggs and honey</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.5.4</p></td><td><p>Other products from animals (animal fibres, skins, furs, leather, etc.)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.1.6</p></td><td><p>Products mainly from biomass</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2</p></td><td><p>Metal ores (gross ores)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.1</p></td><td><p>Iron</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2</p></td><td><p>Non-ferrous metal</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.1</p></td><td><p>Copper</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.2</p></td><td><p>Nickel</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.3</p></td><td><p>Lead</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.4</p></td><td><p>Zinc</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.5</p></td><td><p>Tin</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.6</p></td><td><p>Gold, silver, platinum and other precious metals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.7</p></td><td><p>Bauxite and other aluminium</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.8</p></td><td><p>Uranium and thorium</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.2.9</p></td><td><p>Other non-ferrous metals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.2.3</p></td><td><p>Products mainly from metals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3</p></td><td><p>Non-metallic minerals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.1</p></td><td><p>Marble, granite, sandstone, porphyry, basalt, other ornamental or building stone (excluding slate)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.2</p></td><td><p>Chalk and dolomite</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.3</p></td><td><p>Slate</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.4</p></td><td><p>Chemical and fertiliser minerals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.5</p></td><td><p>Salt</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.6</p></td><td><p>Limestone and gypsum</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.7</p></td><td><p>Clays and kaolin</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.8</p></td><td><p>Sand and gravel</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.9</p></td><td><p>Other non-metallic minerals n.e.c.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.3.B</p></td><td><p>Products mainly from non-metallic minerals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4</p></td><td><p>Fossil energy materials/carriers</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1</p></td><td><p>Coal and other solid energy materials/carriers</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1.1</p></td><td><p>Lignite (brown coal)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1.2</p></td><td><p>Hard coal</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1.3</p></td><td><p>Oil shale and tar sands</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.1.4</p></td><td><p>Peat</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2</p></td><td><p>Liquid and gaseous energy materials/carriers</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2.1</p></td><td><p>Crude oil, condensate and natural gas liquids (NGL)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2.2</p></td><td><p>Natural gas</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2.3</p></td><td><p>Fuels bunkered (Imports: by resident units abroad; Exports: by non-resident units domestically)</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2.3.1</p></td><td><p>Fuel for land transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2.3.2</p></td><td><p>Fuel for water transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.2.3.3</p></td><td><p>Fuel for air transport</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.4.3</p></td><td><p>Products mainly from fossil energy products</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.5</p></td><td><p>Other products</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>MF.6</p></td><td><p>Waste for final treatment and disposal&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>in Annex IV, Sections 3, 4 and&#160;5 are replaced by the following:</p><p>&#8216;Section 3</p><p>LIST OF CHARACTERISTICS</p><p>Member States shall produce environmental protection expenditure accounts according to the following characteristics which are defined in accordance with ESA:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>output of environmental protection services. Market output, non-market output and output of ancillary activities are distinguished,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>intermediate consumption of environmental protection services</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>intermediate consumption of environmental protection services for production of environmental protection services,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>imports and exports of environmental protection services,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>valued added tax (VAT) and other taxes less subsidies on products on environmental protection services,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>gross fixed capital formation and acquisitions less disposals of non-financial non-produced assets for the production of environmental protection services,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>final consumption of environmental protection services,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>environmental protection transfers (received/paid).</p></td></tr></tbody></table><p>All data shall be reported in million national currency.</p><p>Section 4</p><p>FIRST REFERENCE YEAR, FREQUENCY AND TRANSMISSION DEADLINES</p><table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>Statistics shall be compiled and transmitted on a yearly basis.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>Statistics shall be transmitted within 24 months of the end of the reference year. This applies from the reference year 2020.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>In order to meet user needs for complete and timely datasets, the Commission (Eurostat) shall produce, as soon as sufficient country data becomes available, estimates for the EU-28 totals for the main aggregates of this module. The Commission (Eurostat) shall, wherever possible, produce and publish estimates for data that have not been transmitted by Member States within the deadline specified in point 2.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>The first reference year is 2020.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>5.</p></td><td><span>In each data transmission to the Commission, Member States shall provide annual data for the years n &#8211; 2, n &#8211; 1 and n, where n is the reference year. Member States may provide any available data for the years preceding 2018.</span></td></tr></tbody></table><p>Section 5</p><p>REPORTING TABLES</p><table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>For the characteristics referred to in Section 3, data shall be reported in a breakdown by:</span><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>type of producers/consumers of environmental protection services as defined in Section 2,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>classes of the classification of environmental protection activities (CEPA) grouped as follows:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 1</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 2</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 3</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 4</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 5</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 6</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Sum of CEPA 7, CEPA 8 and CEPA 9</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The following NACE breakdowns for the ancillary production of environmental protection services: NACE Rev. 2 B, C, D, Division 36. Data for section C shall be presented as follows:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE C10-C12 &#8211; Manufacture of food products; beverages and tobacco products</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE C17 &#8211; Manufacture of paper and paper products</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE C19-20 &#8211; Manufacture of coke, chemicals and refined petroleum and chemical products</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE C 21-23 &#8211; Manufacture of pharmaceuticals, rubber, plastic and other non-metallic products</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE C 24 &#8211; Manufacture of basic metals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE C 25-30 &#8211; Manufacture of fabricated metal products, including machinery and equipment</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE C13-16, 18, 31-33 &#8211; other manufacturing activities</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table><p>Member States where the total amount of the turnover or the number of persons employed in one or more of these NACE breakdowns represents less than 1&#160;% of the Union total do not need to provide data for those NACE breakdowns.</p><table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>The CEPA classes referred to in point 1 are as follows:</span><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 1 &#8211; Protection of ambient air and climate</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 2 &#8211; Wastewater management</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 3 &#8211; Waste management</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 4 &#8211; Protection and remediation of soil, groundwater and surface water</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 5 &#8211; Noise and vibration abatement</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 6 &#8211; Protection of biodiversity and landscapes</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 7 &#8211; Protection against radiation</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 8 &#8211; Environmental research and development</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CEPA 9 &#8211; Other environmental protection activities.&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>in Annex V, Sections 3, 4 and&#160;5 are replaced by the following:</p><p>&#8216;Section 3</p><p>LIST OF CHARACTERISTICS</p><p>Member States shall produce statistics on the environmental goods and services sector according to the following characteristics:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>output of the total environmental goods and services sector and of market activities,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>exports of the total environmental goods and services sector,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>value added of the total environmental goods and services sector and of market activities,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>employment in the total environmental goods and services sector and of market activities.</p></td></tr></tbody></table><p>All data shall be reported in million national currency, except for the characteristic &#8220;employment&#8221; for which the reporting unit shall be &#8220;full time equivalent&#8221;.</p><p>Section 4</p><p>FIRST REFERENCE YEAR, FREQUENCY AND TRANSMISSION DEADLINES</p><table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>Statistics shall be compiled and transmitted on a yearly basis.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>Statistics shall be transmitted within 22 months of the end of the reference year. This applies from the reference year 2020.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>In order to meet user needs for complete and timely datasets, the Commission (Eurostat) shall produce, as soon as sufficient country data becomes available, estimates for the EU-28 totals for the main aggregates of this module. The Commission (Eurostat) shall, wherever possible, produce and publish estimates for data that have not been transmitted by Member States within the deadline specified in point 2.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>The first reference year is 2020.</span></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>5.</p></td><td><span>In each data transmission to the Commission, Member States shall provide annual data for the years n &#8211; 2, n &#8211; 1 and n, where n is the reference year. Member States may provide any available data for the years preceding 2018.</span></td></tr></tbody></table><p>Section 5</p><p>REPORTING TABLES</p><table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>For the characteristics referred to in Section 3, data shall be reported cross-classified by:</span><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>classification of economic activities, NACE Rev. 2 grouped as follows:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE A</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE B</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE C</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE D</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE E</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE F</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE J</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE M</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE O</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>NACE P</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Sum of NACE G+NACE H+NACE I+NACE K+NACE L+ NACE N+NACE Q+NACE R+ NACE S&#160;+&#160;NACE T&#160;+&#160;NACE U</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>classes of the classification of environmental protection activities (CEPA) and the classification of resource management activities (CReMA) grouped as follows:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 1</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 2</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 3</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 4</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 5</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CEPA 6</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Sum of CEPA 7, CEPA 8 and CEPA 9</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CReMA 10</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CReMA 11</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CReMA 13</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CReMA 13A</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CReMA 13B</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CReMA 13C</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CReMA 14</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Sum of CReMA 12, CReMA 15 and CReMA 16</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>The CEPA classes referred to in point 1 are as set out in Annex IV. The CReMA classes referred to in point 1 are as follows:</span><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 10 &#8211; Management of water</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 11 &#8211; Management of forest resources</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 12 &#8211; Management of wild flora and fauna</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 13 &#8211; Management of energy resources:</p><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 13A &#8211; Production of energy from renewable resources</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 13B &#8211; Heat/energy saving and management</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 13C &#8211; Minimisation of the use of fossil energy as raw materials</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 14 &#8211; Management of minerals</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 15 &#8211; Research and development activities for resource management</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>CReMA 16 &#8211; Other resource management activities.&#8217;.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <note> ( 1 ) United Nations Framework Convention on Climate Change. ( 2 ) Convention on Long-Range Transboundary Air Pollution. </note>
ENG
32022R0125
<table><col/><col/><col/><col/><tbody><tr><td><p>1.11.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 315/15</p></td></tr></tbody></table> COMMISSION IMPLEMENTING DECISION of 30 October 2014 establishing the type, format and frequency of information to be made available by the Member States on integrated emission management techniques applied in mineral oil and gas refineries, pursuant to Directive 2010/75/EU of the European Parliament and of the Council (notified under document C(2014) 7517) (Text with EEA relevance) (2014/768/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) ( 1 ) , and in particular Article 72(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Commission Implementing Decision 2014/738/EU&#160;<a>(<span>2</span>)</a> establishes conclusions on best available techniques (&#8216;BAT conclusions&#8217;) for the refining of mineral oil and gas. BAT conclusions 57 and 58 established by that Decision enable Member States to make use of an integrated emission management technique for emissions of nitrogen oxides (NO<span>x</span>) and sulphur dioxide (SO<span>2</span>) from certain technical units.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Mineral oil and gas refineries are significant sources of emissions of air pollutants, in particular sulphur dioxide and nitrogen oxides. If refineries would use an integrated emission management technique, it would become the main determining factor for the environmental performance of those refineries.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>It is necessary to establish specific reporting requirements to allow the Commission to assess the correct application of BAT 57 and BAT 58 and more in particular to verify that the integrated emission management technique is designed, implemented and operated in such a way as to comply with the principles of equivalent environmental outcome as set out in those BAT conclusions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The type of information to be made available by the Member States in relation to the implementation of integrated emission management techniques described in BAT 57 and BAT 58 should be determined and this should include the description of the significant design features of the techniques implemented, the associated emission limit values established, as well as the associated monitoring system and its results.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Under Article 72(1) of Directive 2010/75/EU, Member States are to make the information on the application of best available techniques available in an electronic format. To ensure the consistency and coherence of the information made available by the Member States, they should use the electronic reporting format developed for that purpose by the Commission as assisted by the European Environment Agency.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 75(1) of Directive 2010/75/EU,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Reporting by Member States 1. Member States shall make available to the Commission the information on the implementation of the integrated emission management techniques set out in BAT 57 and BAT 58 adopted by Implementing Decision 2014/738/EU. The information referred to in the first subparagraph shall be made available in accordance with the Annex and shall cover the years 2017, 2018 and 2019. That information shall be made available for each of the mineral oil and gas refineries where an integrated emission management technique set out in BAT 57 or BAT 58 is implemented for emissions to air of nitrogen oxides (NO x ) or sulphur dioxide (SO 2 ). 2. The information referred to in paragraph 1 shall be made available to the Commission by 30 September 2020 at the latest using the electronic reporting format provided for that purpose. Article 2 Addressees This Decision is addressed to the Member States. Done at Brussels, 30 October 2014. For the Commission Janez POTOČNIK Member of the Commission ( 1 ) OJ L 334, 17.12.2010, p. 17 . ( 2 ) Commission Implementing Decision 2014/738/EU of 9 October 2014 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions, for the refining of mineral oil and gas ( OJ L 307, 28.10.2014, p. 38 ). ANNEX Type of information on integrated emission management techniques applied in mineral oil and gas refineries to be made available to the Commission 1. General information <table><col/><col/><col/><tbody><tr><td/><td><p>1.1.</p></td><td><span>Reference number of the installation: unique installation identifier for the purposes of Directive 2010/75/EU.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>1.2.</p></td><td><span>Installation name.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>1.3.</p></td><td><span>Operator name.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>1.4.</p></td><td><span>Installation address: street, postal code, city and country.</span></td></tr></tbody></table> 2. Information on the scope of the integrated emission management techniques and the applicable emission limit values <table><col/><col/><col/><tbody><tr><td/><td><p>2.1.</p></td><td><span>List and description of combustion and process units covered by the integrated emission management techniques for NO<span>x</span> and SO<span>2</span>, in particular:</span><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>type of unit (combustion unit, fluid catalytic cracking unit, waste gas sulphur recovery unit);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>rated thermal input (for combustion units);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>fuel type(s) fired (for combustion units);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>new or existing unit;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>substantial and structural changes, e.g. in operation or fuel use, during the reporting period, which affected the applicable BAT-associated emission levels (BAT-AELs).</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2.2.</p></td><td><span>Applicable emission limit values for NO<span>x</span> and SO<span>2</span> under the integrated emission management techniques, detailing:</span><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>values, units, averaging periods and reference conditions;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>how these limit values were determined in relation to BAT 57 and BAT 58 set out in the BAT conclusions under Implementing Decision 2014/738/EU;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>which emission concentrations were considered for each unit concerned in relation to BAT 57 and BAT 58 and in comparison with the individual BAT-AELs and the BAT-associated environmental performance levels (BAT-AEPL) for waste gas sulphur recovery units;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>which flue-gas flow rates (or other factors) were used as the weighing factor for each unit and how these were determined;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>which other elements or factors were used to establish the limit values.</p></td></tr></tbody></table></td></tr></tbody></table> 3. Information on the monitoring system <table><col/><col/><col/><tbody><tr><td/><td><p>3.1.</p></td><td><span>Description of the monitoring system used for determining the emissions under the integrated emission management techniques.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>3.2.</p></td><td><span>Details on the parameters measured and calculated, the type (direct, indirect) and methods of measurements used, the calculation factors used (and their justification) and the frequency of monitoring.</span></td></tr></tbody></table> 4. Information on monitoring results Overview of the results of monitoring in view of demonstrating that the applicable BAT-AELs set out in BAT 57 and BAT 58 have been complied with and that the resulting emissions are equal to or lower than emissions when applying the applicable BAT-AELs and BAT-AEPLs at a unit-by-unit level, including at least the following: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>average emission concentration across all units concerned (mg/Nm<span>3</span>, all monthly averages during a year);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>total monthly emission across all units concerned (tonnes/month);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>average emission concentration for each unit concerned (mg/Nm<span>3</span>, all monthly averages during a year);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>flue gas flow rate for each unit concerned (Nm<span>3</span>/hour, all monthly averages during a year).</p></td></tr></tbody></table>
ENG
32014D0768
<table><col/><col/><col/><col/><tbody><tr><td><p>10.5.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 133/1</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2022/708 of 5 May 2022 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 2,5-dichlorobenzoic acid methylester, acetic acid, aclonifen, aluminium ammonium sulphate, aluminium phosphide, aluminium silicate, beflubutamid, benthiavalicarb, boscalid, calcium carbide, captan, cymoxanil, dimethomorph, dodemorph, ethephon, ethylene, extract from tea tree, fat distilation residues, fatty acids C7 to C20, fluoxastrobin, flurochloridone, folpet, formetanate, gibberellic acid, gibberellins, hydrolysed proteins, iron sulphate, magnesium phosphide, metam, metamitron, metazachlor, metribuzin, milbemectin, phenmedipham, pirimiphos-methyl, plant oils/clove oil, plant oils/rape seed oil, plant oils/spear mint oil, propamocarb, proquinazid, prothioconazole, pyrethrins, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, S-metolachlor, Straight Chain Lepidopteran Pheromones, sulcotrione, tebuconazole and urea (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 17, first paragraph, thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Part A of the Annex to Commission Implementing Regulation (EU) No&#160;540/2011&#160;<a>(<span>2</span>)</a> sets out the active substances deemed to have been approved under Regulation (EC) No&#160;1107/2009, whereas part B of that Annex sets out the active substances approved under Regulation (EC) No&#160;1107/2009.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Commission Implementing Regulation (EU) 2021/745&#160;<a>(<span>3</span>)</a> extended the approval period of the active substance flurochloridone until 31&#160;May 2022. That Regulation also extended the approval period of the active substances beflubutamid, benthiavalicarb, boscalid, captan, dimethomorph, ethephon, fluoxastrobin, folpet, formetanate, metazachlor, metribuzin, milbemectin, phenmedipham, pirimiphos-methyl, propamocarb, prothioconazole and S-metolachlor until 31&#160;July 2022, and of the active substances aluminium ammonium sulphate, aluminium silicate, cymoxanil, extract from tea tree, fat distilation residues, fatty acids C7 to C20, gibberellic acid, gibberellins, hydrolysed proteins, iron sulphate, plant oils/rape seed oil, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, Straight Chain Lepidopteran Pheromones, tebuconazole and urea until 31&#160;August 2022. Commission Implementing Regulation (EU) 2017/195&#160;<a>(<span>4</span>)</a> extended the approval period of the active substance aclonifen until 31&#160;July 2022 and of the active substances 2,5-dichlorobenzoic acid methylester, acetic acid, aluminium phosphide, calcium carbide, dodemorph, ethylene, magnesium phosphide, metamitron, plant oils/clove oil, plant oils/spear mint oil, pyrethrins and sulcotrione until 31&#160;August 2022. Commission Implementing Regulation (EU) 2017/2069&#160;<a>(<span>5</span>)</a> extended the approval period of the active substance proquinazid until 31&#160;July 2022.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The approval of the active substance metam is set to expire on 30&#160;June 2022 in accordance with Commission Implementing Regulation (EU) No&#160;359/2012&#160;<a>(<span>6</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Applications for the renewal of the approval of those active substances were submitted in accordance with Commission Implementing Regulation (EU) No&#160;844/2012&#160;<a>(<span>7</span>)</a>. Although Implementing Regulation (EU) No&#160;844/2012 was repealed by Implementing Regulation (EU) 2020/1740&#160;<a>(<span>8</span>)</a>, the provisions concerning the renewal of the approval of those active substances, laid down in that Regulation, continue to apply in accordance with Article&#160;17 of Implementing Regulation (EU) 2020/1740.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Due to the fact that the assessment of those active substances has been delayed for reasons beyond the control of the applicants, the approvals of those active substances are likely to expire before a decision has been taken on their renewal. It is therefore necessary to extend their approval periods to provide the time necessary to complete the assessment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>In addition, an extension of the approval period is required for the active substances aluminium ammonium sulphate, cymoxanil, dimethomorph, ethephon, fluoxastrobin, folpet, formetanate, gibberellic acid, gibberellins, metribuzin, milbemectin, phenmedipham, pirimiphos-methyl, propamocarb, prothioconazole and S-metolachlor to provide the time necessary to carry out an assessment as regards the potential endocrine disrupting properties of those active substances in accordance with the procedure set out in Articles 13 and&#160;14 of Implementing Regulation (EU) No&#160;844/2012.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>As regards cases where the Commission is to adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission is to set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission is to adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Implementing Regulation (EU) No&#160;540/2011 should therefore be amended accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 May 2022. For the Commission The President Ursula VON DER LEYEN ( 1 ) OJ L 309, 24.11.2009, p. 1 . ( 2 ) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances ( OJ L 153, 11.6.2011, p. 1 ). ( 3 ) Commission Implementing Regulation (EU) 2021/745 of 6 May 2021 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances aluminium ammonium sulphate, aluminium silicate, beflubutamid, benthiavalicarb, bifenazate, boscalid, calcium carbonate, captan, carbon dioxide, cymoxanil, dimethomorph, ethephon, extract from tea tree, famoxadone, fat distilation residues, fatty acids C7 to C20, flumioxazine, fluoxastrobin, flurochloridone, folpet, formetanate, gibberellic acid, gibberellins, heptamaloxyloglucan, hydrolysed proteins, iron sulphate, metazachlor, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, plant oils/rape seed oil, potassium hydrogen carbonate, propamocarb, prothioconazole, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, S-metolachlor, Straight Chain Lepidopteran Pheromones, tebuconazole and urea ( OJ L 160, 7.5.2021, p. 89 ). ( 4 ) Commission Implementing Regulation (EU) 2017/195 of 3 February 2017 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of several active substances listed in Part B of the Annex to Implementing Regulation (EU) No 686/2012 (AIR IV renewal programme) ( OJ L 31, 4.2.2017, p. 21 ). ( 5 ) Commission Implementing Regulation (EU) 2017/2069 of 13 November 2017 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances flonicamid (IKI-220), metalaxyl, penoxsulam and proquinazid ( OJ L 295, 14.11.2017, p. 51 ). ( 6 ) Commission Implementing Regulation (EU) No 359/2012 of 25 April 2012 approving the active substance metam, 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 ( OJ L 114, 26.4.2012, p. 1 ). ( 7 ) Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market ( OJ L 252, 19.9.2012, p. 26 ). ( 8 ) Commission Implementing Regulation (EU) 2020/1740 of 20 November 2020 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council, and repealing Commission Implementing Regulation (EU) No 844/2012 ( OJ L 392, 23.11.2020, p. 20 ). ANNEX The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Part A is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>in the sixth column, expiration of approval, of row 88, Phenmedipham, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>in the sixth column, expiration of approval, of row 97, S-metolachlor, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>in the sixth column, expiration of approval, of row 110, Milbemectin, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>in the sixth column, expiration of approval, of row 142, Ethephon, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>in the sixth column, expiration of approval, of row 145, Captan, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>in the sixth column, expiration of approval, of row 146, Folpet, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>in the sixth column, expiration of approval, of row 147, Formetanate, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>in the sixth column, expiration of approval, of row 150, Dimethomorph, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>in the sixth column, expiration of approval, of row 152, Metribuzin, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>in the sixth column, expiration of approval, of row 154, Propamocarb, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>in the sixth column, expiration of approval, of row 156, Pirimiphos-methyl, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>in the sixth column, expiration of approval, of row 158, Beflubutamid, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>in the sixth column, expiration of approval, of row 163, Benthiavalicarb, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>in the sixth column, expiration of approval, of row 164, Boscalid, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>in the sixth column, expiration of approval, of row 166, Fluoxastrobin, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>in the sixth column, expiration of approval, of row 168, Prothioconazole, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>in the sixth column, expiration of approval, of row 215, Aclonifen, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>in the sixth column, expiration of approval, of row 217, Metazachlor, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>in the sixth column, expiration of approval, of row 218, Acetic acid, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>in the sixth column, expiration of approval, of row 219, Aluminium ammonium sulphate, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>in the sixth column, expiration of approval, of row 220, Aluminium silicate, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>in the sixth column, expiration of approval, of row 223, Calcium carbide, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>in the sixth column, expiration of approval, of row 227, Ethylene, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>in the sixth column, expiration of approval, of row 228, Extract from tea tree, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>in the sixth column, expiration of approval, of row 229, Fat distillation residues, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>in the sixth column, expiration of approval, of row 230, Fatty acids C7 to C20, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>in the sixth column, expiration of approval, of row 232, Gibberellic acid, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>in the sixth column, expiration of approval, of row 233, Gibberellins, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>in the sixth column, expiration of approval, of row 234, Hydrolysed proteins, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>in the sixth column, expiration of approval, of row 235, Iron sulphate, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p>in the sixth column, expiration of approval, of row 241, Plant oils/clove oil, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(32)</p></td><td><p>in the sixth column, expiration of approval, of row 242, Plant oils/rape seed oil, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(33)</p></td><td><p>in the sixth column, expiration of approval, of row 243, Plant oils/spear mint oil, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(34)</p></td><td><p>in the sixth column, expiration of approval, of row 246, Pyrethrins, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(35)</p></td><td><p>in the sixth column, expiration of approval, of row 247, Quartz sand, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(36)</p></td><td><p>in the sixth column, expiration of approval, of row 248, Fish oil, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(37)</p></td><td><p>in the sixth column, expiration of approval, of row 249, Repellents by smell of animal or plant origin/sheep fat, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(38)</p></td><td><p>in the sixth column, expiration of approval, of row 255, Straight Chain Lepidopteran Pheromones, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(39)</p></td><td><p>in the sixth column, expiration of approval, of row 257, Urea, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(40)</p></td><td><p>in the sixth column, expiration of approval, of row 260, Aluminium phosphide, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(41)</p></td><td><p>in the sixth column, expiration of approval, of row 262, Magnesium phosphide, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(42)</p></td><td><p>in the sixth column, expiration of approval, of row 263, Cymoxanil, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(43)</p></td><td><p>in the sixth column, expiration of approval, of row 264, Dodemorph, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(44)</p></td><td><p>in the sixth column, expiration of approval, of row 265, 2,5-Dichlorobenzoic acid methylester, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(45)</p></td><td><p>in the sixth column, expiration of approval, of row 266, Metamitron, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(46)</p></td><td><p>in the sixth column, expiration of approval, of row 267, Sulcotrione, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(47)</p></td><td><p>in the sixth column, expiration of approval, of row 268, Tebuconazole, the date is replaced by &#8216;31&#160;August 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(48)</p></td><td><p>in the sixth column, expiration of approval, of row 302, Proquinazid, the date is replaced by &#8216;31&#160;July 2023&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(49)</p></td><td><p>in the sixth column, expiration of approval, of row 354, Flurochloridone, the date is replaced by &#8216;31&#160;May 2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>in Part B, in the sixth column, expiration of approval, of row 22, Metam, the date is replaced by &#8216;30&#160;June 2023&#8217;.</p></td></tr></tbody></table>
ENG
32022R0708
<table><col/><col/><col/><col/><tbody><tr><td><p>19.3.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>LI 82/1</p></td></tr></tbody></table> COMMISSION IMPLEMENTING DECISION (EU) 2020/414 of 19 March 2020 amending Implementing Decision (EU) 2019/570 as regards medical stockpiling rescEU capacities (notified under document C(2020) 1827) (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism ( 1 ) , and in particular point (g) of Article 32(1) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Decision No 1313/2013/EU sets out the legal framework of rescEU. rescEU is a reserve of capacities at Union level aiming to provide assistance in overwhelming situations where overall existing capacities at national level and those committed by Member States to the European Civil Protection Pool are not able to ensure an effective response to natural and man-made disasters.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Commission Implementing Decision (EU) 2019/570&#160;<a>(<span>2</span>)</a> sets out the initial composition of rescEU in terms of capacities and quality requirements. The rescEU reserve so far consists of aerial forest firefighting capacities, medical aerial evacuation capacities, and emergency medical team capacities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>In accordance with Article 12(2) of Decision No 1313/2013/EU, the capacities rescEU will consist of are to be determined by taking into account identified and emerging risks, overall capacities and gaps at Union level.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Over the last decades, major outbreaks of serious cross-border threats to health capable of human-to-human transmission, such as Ebola, the Severe acute respiratory syndrome (SARS) and Middle East respiratory syndrome (MERS), have put to the test the international community, calling for a coordinated response to limit the diffusion of those infectious diseases.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>In July 2019, the World Health Organization (WHO) declared the Ebola virus disease outbreak in the Democratic Republic of the Congo (DRC) a Public Health Emergency of International Concern and the virus is still considered a high-risk disease. The Ebola virus can be unintentionally transmitted into the Union, as already witnessed during the 2013 West Africa outbreak.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>In the context of extremely limited availability of both investigational vaccines and therapeutics, the stockpiling of Ebola countermeasures is an important preparedness measure in case of a transmission of the disease into the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The global spread of this kind of highly infectious diseases, as also demonstrated by the novel coronavirus 2019-nCoV and the related coronavirus disease COVID-19 outbreak requires a coordinated action from Member States in order to avoid an escalation of the emergency across the Union, which has already been severely hit by these outbreaks.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The risk of transmission of COVID-19, as well as the transmission of other diseases, can be reduced if appropriate measures are taken, including the use of personal protective equipment and other relevant medical equipment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>Based on a technical report by the European Centre for Disease Prevention and Control (ECDC)&#160;<a>(<span>3</span>)</a>, public health authorities in the Union are encouraged to plan for sufficient personal protection equipment supplies, particularly for their health professionals caring for patients infected with COVID-19.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>In order to be prepared for the further spread of COVID-19 and to minimise potential shortages, the Council, in its conclusions on COVID-19 of 13 February 2020&#160;<a>(<span>4</span>)</a> has called upon the Commission to continue examining all available possibilities to facilitate access to personal protective equipment needed by Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>In response to the Council conclusions, the stockpiling of medical countermeasures, intensive care medical equipment, and personal protective equipment aimed at combating serious cross-border threats to health should be included in the capacities of rescEU.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>For reasons of consistency with other Union acts, the definition of &#8216;serious cross-border threats to health&#8217; in this Decision should be the definition in Decision No 1082/2013/EU of the European Parliament and of the Council&#160;<a>(<span>5</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>In accordance with Article 12(4) of Decision No 1313/2013/EU, quality requirements for medical countermeasures, intensive care medical equipment, and personal protective equipment capacities under rescEU should be based on established international standards, where such standards already exist.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>The quality requirements for medical countermeasures such as investigational vaccines and therapeutics should therefore be based on minimum standards and requirements provided by the European Medical Agency (EMA) and the WHO. The quality requirements for intensive care medical equipment should be based on minimum standards provided by the WHO and the quality requirements for personal protective equipment should be based on minimum standards provided by the WHO and ECDC.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>In order to provide Union financial assistance for establishing, managing and maintaining such capacities in accordance with Article 21(3) of Decision No 1313/2013/EU, the total estimated costs necessary to ensure availability and deployability thereof should be defined. Total estimated costs should be calculated taking into account the categories of eligible costs laid down in Annex IA to Decision No 1313/2013/EU.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Implementing Decision (EU) 2019/570 should therefore be amended accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>The measures provided for in this Decision are in accordance with the opinion of the committee referred to in Article 33(1) of Decision No 1313/2013/EU,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Implementing Decision (EU) 2019/570 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Article 1 is amended as follows:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>point (d) is replaced by the following:</p><table><col/><col/><tbody><tr><td><p>&#8216;(d)</p></td><td><p>total estimated costs of emergency medical team type 3 rescEU capacities;&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the following point (e) is added:</p><table><col/><col/><tbody><tr><td><p>&#8216;(e)</p></td><td><p>total estimated costs of medical stockpiling rescEU capacities.&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Article 2 is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in paragraph 1, the third indent is replaced by the following:</p><table><col/><col/><tbody><tr><td><p>&#8216;&#8212;</p></td><td><p>emergency medical team capacities,&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in paragraph 1, the following fourth indent is added:</p><table><col/><col/><tbody><tr><td><p>&#8216;&#8212;</p></td><td><p>medical stockpiling capacities.&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>in paragraph 2, the point (e) is amended as follows:</p><table><col/><col/><tbody><tr><td><p>&#8216;(e)</p></td><td><p>emergency medical team type 3 capacities: Inpatient Referral Care;&#8217;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>paragraph 2, following point (f) is added:</p><table><col/><col/><tbody><tr><td><p>&#8216;(f)</p></td><td><p>stockpiling of medical countermeasures or personal protective equipment aimed at combatting serious cross-border threats to health, as referred to in Decision No 1082/2013/EU of the European Parliament and of the Council<a>&#160;(<span>*1</span>)</a>.</p></td></tr></tbody></table><p><a>(<span>*1</span>)</a>&#160;&#160;Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (<a>OJ L 293, 5.11.2013, p. 1</a>)&#8217;;"</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>the following Article 3c is inserted:</p><div><p>&#8216;Article 3c</p><p>Total estimated costs of medical stockpiling rescEU capacities</p><div><p>1.&#160;&#160;&#160;All cost categories referred to in Annex IA to Decision No 1313/2013/EU shall be taken into account when calculating the total estimated cost of medical stockpiling rescEU capacities.</p></div><div><p>2.&#160;&#160;&#160;The equipment costs of the total estimated costs of medical stockpiling rescEU capacities shall be calculated on the basis of market prices at the time when the capacities are acquired, rented or leased in accordance with Article 12(3) of Decision No 1313/2013/EU.</p><p>Where Member States acquire, rent or lease rescEU capacities, they shall provide the Commission with documentary evidence of the actual market prices or, where there are no market prices for certain components of those capacities, with equivalent evidence.</p></div><div><p>3.&#160;&#160;&#160;The categories of the total estimated costs of medical stockpiling rescEU capacities referred to in points 2 to 8 of Annex IA to Decision No 1313/2013/EU shall be calculated at least once during the period of each multiannual financial framework, taking into account information available to the Commission, including inflation. That calculation of the total estimated costs shall be used by the Commission for the purpose of providing annual financial assistance.</p></div><div><p>4.&#160;&#160;&#160;The total estimated cost referred to in paragraphs 2 and 3 shall be calculated where at least one Member State expresses interest in acquiring, renting or leasing a medical stockpiling rescEU capacity.&#8217;;</p></div></div></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>the Annex is amended as set out in the Annex to this Decision.</p></td></tr></tbody></table> Article 2 This Decision is addressed to the Member States. Done at Brussels, 19 March 2020. For the Commission Janez LENARČIČ Member of the Commission ( 1 ) OJ L 347, 20.12.2013, p. 924 . ( 2 ) Commission Implementing Decision (EU) 2019/570 of 8 April 2019 laying down rules for the implementation of Decision No 1313/2013/EU of the European Parliament and of the Council as regards rescEU capacities and amending Commission Implementing Decision 2014/762/EU ( OJ L 99, 10.4.2019, p. 41 ). ( 3 ) ECDC Technical Report, ‘Personal protective equipment (PPE) needs in healthcare settings for the care of patients with suspected or confirmed novel coronavirus’, February 2020. ( 4 ) Council conclusions on COVID-19, 2020/C 57/04ST/6038/2020/INIT ( OJ C 57, 20.2.2020, p. 4 ). ( 5 ) Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC ( OJ L 293, 5.11.2013, p. 1 ). ANNEX In the Annex, the following Section 6 is added: <table><col/><col/><tbody><tr><td><p>&#8216;6.</p></td><td><p><span>Stockpiling of medical countermeasures and/or personal protective equipment aimed at combatting serious cross-border threats to health</span></p><table><col/><col/><tbody><tr><td><p>Tasks</p></td><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Stockpiling of medical countermeasures, comprising of vaccines or therapeutics, intensive care medical equipment, personal protective equipment, or laboratory supplies, for the purpose of preparedness and response to a serious cross-border threat to health<a>&#160;(<span>1</span>)</a>.</p></td></tr></tbody></table></td></tr><tr><td><p>Capacities</p></td><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Adequate number of doses of vaccines necessary for individuals considered to be at risk<a>&#160;(<span>2</span>)</a> linked to one or more cases of serious cross-border threats to health.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Adequate number of doses of therapeutics necessary to treat one or more cases of serious cross-border threats to health.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Vaccines and therapeutics shall fulfil one of the following requirements:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Marketing authorisation from EMA;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>A positive recommendation for compassionate or emergency use from EMA or a national regulatory agency of a Member State;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>A positive recommendation for expanded or emergency use from WHO and acceptance by at least one National Regulatory Agency of a Member State.</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Adequate intensive care medical equipment<a>&#160;(<span>3</span>)</a>, to provide supportive care to one or more cases of serious cross-border threats to health, in accordance with WHO standards.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Adequate number of sets of personal protective equipment<a>&#160;(<span>4</span>)</a> for individuals considered to be at risk<a>&#160;(<span>5</span>)</a> linked to one or more cases of serious cross-border threats to health, in accordance with the standards of the ECDC and the WHO.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Adequate number of laboratory supplies, including sampling material, laboratory reagents, equipment and consumables<a>&#160;(<span>6</span>)</a>, to ensure laboratory diagnosis capacity for one or more cases of serious cross-border threats to health.</p></td></tr></tbody></table></td></tr><tr><td><p>Main components</p></td><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Appropriate storage facilities in the Union<a>&#160;(<span>7</span>)</a> and adequate stockpiling monitoring system.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Appropriate procedures ensuring the adequate packaging, transport and delivery of the products referred to under capacities, where needed.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Appropriately trained personnel to handle, and administer the products referred to under capacities.</p></td></tr></tbody></table></td></tr><tr><td><p>Deployment</p></td><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Availability for departure maximum 12 hours after the acceptance of the offer.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <note> ( 1 ) As defined in Decision No 1082/2013/EU. ( 2 ) Individuals considered at risk may comprise: high risk potential contacts, first responders, laboratory workers, health care workers, family members and other defined vulnerable groups. ( 3 ) This may comprise, but is not limited to, intensive care ventilators. ( 4 ) Covering the following categories: (i) eye protection; (ii) hand protection; (iii) respiratory protection; (iv) body protection; and (v) foot protection. ( 5 ) See footnote 2. ( 6 ) This may include, but is not limited to, RT-PCR reagents, such as enzymes, RNA extraction reagents, RNA extraction machine time, PCR machine time, primer and probe reagents, positive control reagents, PCR laboratory consumables (e.g. tubes, plates) and disinfectants. ( 7 ) For the purposes of the logistics of storage facilities, “in the Union” encompasses the territories of Member States and Participating States of the Union Civil Protection Mechanism.’ </note>
ENG
32020D0414
<table><col/><col/><col/><col/><tbody><tr><td><p>26.9.2015&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 251/9</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2015/1716 of 23 September 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Olive de Nice (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: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected designation of origin &#8216;Olive de Nice&#8217;, registered under Commission Regulation (EC) No 885/2005<a>&#160;(<span>2</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>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<span>Official Journal of the European Union</span><a>&#160;(<span>3</span>)</a> as required by Article 50(2)(a) of that Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>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,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Olive de Nice’ (PDO) are hereby approved. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 September 2015. For the Commission, On behalf of the President, Phil HOGAN Member of the Commission <note> ( 1 ) OJ L 343, 14.12.2012, p. 1 . ( 2 ) Commission Regulation (EC) No 885/2005 of 10 June 2005 supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of a name in the ‘Register of protected designations of origin and protected geographical indications’ (Olive de Nice) — (PDO) ( OJ L 148, 11.6.2005, p. 30 ). ( 3 ) OJ C 150, 7.5.2015, p. 15 . </note>
ENG
32015R1716
02019D1326 — EN — 18.05.2020 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p>COMMISSION IMPLEMENTING DECISION (EU) 2019/1326</p><p>of 5&#160;August 2019</p><p><a>on the harmonised standards for electromagnetic compatibility drafted in support of Directive 2014/30/EU of the European Parliament and of the Council</a></p><p>(OJ L 206 6.8.2019, p. 27)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>COMMISSION IMPLEMENTING DECISION (EU) 2020/660&#160;of 15 May 2020</a></p></td><td><p>&#160;&#160;L&#160;155</p></td><td><p>16</p></td><td><p>18.5.2020</p></td></tr></table> COMMISSION IMPLEMENTING DECISION (EU) 2019/1326 of 5 August 2019 on the harmonised standards for electromagnetic compatibility drafted in support of Directive 2014/30/EU of the European Parliament and of the Council Article 1 The references of harmonised standards for electromagnetic compatibility drafted in support of Directive 2014/30/EU listed in Annex I to this Decision, are hereby published in the Official Journal of the European Union . Article 2 The references of harmonised standards for electromagnetic compatibility drafted in support of Directive 2014/30/EU, listed in Annex II to this Decision are hereby withdrawn from the Official Journal of the European Union as from the dates set out in that Annex. Article 3 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union . ANNEX I <table><col/><col/><tbody><tr><td><p>No</p></td><td><p>Reference of the standard</p></td></tr><tr><td><p>1.</p></td><td><p>EN ISO 13766-1:2018</p><p>Earth-moving and building construction machinery &#8212; Electromagnetic compatibility (EMC) of machines with internal electrical power supply &#8212; Part&#160;1: General EMC requirements under typical electromagnetic environmental conditions (ISO 13766-1:2018)</p></td></tr><tr><td><p>2.</p></td><td><p>EN 55035:2017</p><p>Electromagnetic compatibility of multimedia equipment &#8212; Immunity requirements</p></td></tr><tr><td><p>3.</p></td><td><p>EN 61000-6-5:2015 Electromagnetic compatibility (EMC) &#8212; Part&#160;6-5: Generic standards &#8212; Immunity for equipment used in power station and substation environment</p><p>EN 61000-6-5:2015/AC:2018-01</p></td></tr><tr><td><p>4.</p></td><td><p>EN IEC 61058-1:2018</p><p>Switches for appliances &#8212; Part&#160;1: General requirements</p></td></tr><tr><td><p>5.</p></td><td><p>EN 63024:2018</p><p>Requirements for automatic reclosing devices (ARDs) for circuit-breakers, RCBOs and RCCBs for household and similar uses (IEC 63024:2017, modified)</p></td></tr><tr><td><p><a>&#9660;M1</a></p></td></tr><tr><td><p>6.</p></td><td><p>EN IEC 60947-4-1:2019</p><p>Low-voltage switchgear and controlgear - Part 4-1: Contactors and motor-starters - Electromechanical contactors and motor-starters</p></td></tr><tr><td><p>7.</p></td><td><p>EN IEC 60947-9-1:2019</p><p>Low-voltage switchgear and controlgear - Part 9-1: Active arc-fault mitigation systems - Arc quenching devices</p></td></tr><tr><td><p>8.</p></td><td><p>EN 61439-3:2012</p><p>Low-voltage switchgear and controlgear assemblies - Part 3: Distribution boards intended to be operated by ordinary persons (DBO)</p><p>EN 61439-3:2012/AC:2019-04</p></td></tr><tr><td><p>9.</p></td><td><p>EN 12895:2015+A1:2019</p><p>Industrial trucks - Electromagnetic compatibility</p></td></tr><tr><td><p><a>&#9660;B</a></p></td></tr></tbody></table> ANNEX II <table><col/><col/><col/><tbody><tr><td><p>No</p></td><td><p>Reference of the standard</p></td><td><p>Date of withdrawal</p></td></tr><tr><td><p>1.</p></td><td><p>EN 13309:2010 Construction machinery &#8212; Electromagnetic compatibility of machines with internal power supply</p></td><td><p>30 June 2021</p></td></tr><tr><td><p>2.</p></td><td><p>EN 50557:2011 Requirements for automatic reclosing devices (ARDs) for circuit breakers-RCBOs-RCCBs for household and similar uses</p></td><td><p>17 January 2021</p></td></tr><tr><td><p>3.</p></td><td><p>EN 61000-6-5:2015 Electromagnetic compatibility (EMC) &#8212; Part&#160;6-5: Generic standards- Immunity for equipment used in power station and substation environment</p></td><td><p>31 January 2020</p></td></tr><tr><td><p><a>&#9660;M1</a></p></td></tr><tr><td><p>4.</p></td><td><p>EN 55103-2:2009</p><p>Electromagnetic compatibility &#8212; Product family standard for audio, video, audio-visual and entertainment lighting control apparatus for professional use &#8212; Part 2: Immunity</p></td><td><p>18 November 2021</p></td></tr><tr><td><p>5.</p></td><td><p>EN 61439-3:2012</p><p>Low-voltage switchgear and controlgear assemblies - Part 3: Distribution boards intended to be operated by ordinary persons (DBO)</p></td><td><p>18 November 2020</p></td></tr><tr><td><p>6.</p></td><td><p>EN 12895:2015</p><p>Industrial trucks - Electromagnetic compatibility</p></td><td><p>18 November 2021</p></td></tr></tbody></table>
ENG
02019D1326-20200518
01998L0058 — EN — 14.12.2019 — 002.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p> COUNCIL DIRECTIVE 98/58/EC</p><p>of 20 July 1998</p><p><a>concerning the protection of animals kept for farming purposes</a></p><p>(OJ L 221 8.8.1998, p. 23)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a> COUNCIL REGULATION (EC) No&#160;806/2003&#160;of 14&#160;April 2003</a></p></td><td><p>&#160;&#160;L&#160;122</p></td><td><p>1</p></td><td><p>16.5.2003</p></td></tr><tr><td><p><a>&#9658;M2</a></p></td><td><p><a> REGULATION (EU)&#160;2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL &#160;of 15&#160;March 2017</a></p></td><td><p>&#160;&#160;L&#160;95</p></td><td><p>1</p></td><td><p>7.4.2017</p></td></tr></table> Corrected by: <table><col/><col/><col/><col/><col/><tr><td><p><a>&#9658;C1</a></p></td><td><p><a>Corrigendum, OJ&#160;L&#160;137, 24.5.2017, p. &#160;40&#160;(2017/625)</a></p></td></tr></table> COUNCIL DIRECTIVE 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes Article 1 1. This Directive lays down minimum standards for the protection of animals bred or kept for farming purposes. 2. It shall not apply to: (a) animals living in the wild; (b) animals intended for use in competitions, shows, cultural or sporting events or activities; (c) experimental or laboratory animals; (d) any invertebrate animal. 3. This Directive shall apply without prejudice to specific Community rules laid down elsewhere, and in particular to Directives 88/166/EEC ( 1 ), 91/629/EEC ( 2 ) and 91/630/EEC ( 3 ), which shall continue to apply. Article 2 For the purposes of this Directive the following definitions shall apply: 1. ‘animal’: any animal (including fish, reptiles or amphibians) bred or kept for the production of food, wool, skin or fur or for other farming purposes; 2. ‘owner’ or ‘keeper’: any natural or legal person or persons responsible for or in charge of animals whether on a permanent or temporary basis; 3. ‘competent authorities’ means competent authorities as defined in Article 3(3) of Regulation (EU) 2017/625 of the European Parliament and of the Council ( 4 ) Article 3 Member States shall make provision to ensure that the owners or keepers take all reasonable steps to ensure the welfare of animals under their care and to ensure that those animals are not caused any unnecessary pain, suffering or injury. Article 4 Members States shall ensure that the conditions under which animals (other than fish, reptiles or amphibians) are bred or kept, having regard to their species and to their degree of development, adaptation and domestication, and to their physiological and ethological needs in accordance with established experience and scientific knowledge, comply with the provisions set out in the Annex. Article 5 1. The Commission shall submit to the Council any proposals which may be necessary for the uniform application of the European Convention for the Protection of Animals Kept for Farming Purposes and, on the basis of a scientific evaluation, any recommendations made under this Convention and any other appropriate specific rules. 2. In addition, every five years and for the first time five years after the date of entry into force of this Directive, the Commission, on the basis of experience acquired since the implementation of this Directive, in particular concerning the measures referred to in paragraph 1 and technical and scientific developments, shall submit to the Council a report, accompanied by any appropriate proposals taking into account the report's conclusions. 3. The Council shall act by qualified majority on these proposals. Article 6 ————— 2. Member States shall submit to the Commission by 31 August each year an annual report for the previous year on the inspections carried out by the competent authority to check compliance with the requirements of this Directive. The report shall be accompanied by an analysis of the most serious findings of non–compliance and a national action plan to prevent or decrease their occurrence for the forthcoming years. The Commission shall submit summaries of those reports to the Member States. 3. The Commission shall before 1 July 1999, in accordance with the procedure laid down in Article 9 submit proposals with a view to harmonising: ————— (b) the format, content and frequency of submission of the reports referred to in paragraph 2. ————— Article 8 1. Before 30 June 1999 the Commission shall submit to the Council a report on: — the comparison between animal welfare provisions in the Community and in non-member countries which supply the Community, — the scope for obtaining wider international acceptance of the welfare principles laid down in this Directive, and — the extent to which Community objectives in relation to animal welfare may be liable to be undermined as a result of competition from non-member countries which do not apply equivalent standards. 2. The report referred to in paragraph 1 shall be accompanied by any necessary proposals with the aim of eliminating distortions of competition. Article 9 1. The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health set up pursuant to Article 58 of Regulation (EC) No 178/2002 ( 5 ). 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/EC ( 6 ) shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its Rules of Procedure. Article 10 1. Member States shall bring into force the laws, regulations and administrative provisions, including any sanctions, necessary to comply with this Directive not later than 31 December 1999, subject to any different decision taken by the Council in the light of the report referred to in Article 8. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. However, after 31 December 1999, Member States may, in compliance with the general rules of the Treaty, maintain or apply within their territories stricter provisions for the protection of animals kept for farming purposes than those laid down in this Directive. They shall inform the Commission of any such measures. 3. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. Article 11 This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities . Article 12 This Directive is addressed to the Member States. ANNEX Staffing <table><col/><col/><tr><td><p>1.</p></td><td><p>Animals shall be cared for by a sufficient number of staff who possess the appropriate ability, knowledge and professional competence.</p></td></tr></table> Inspection <table><col/><col/><tr><td><p>2.</p></td><td><p>All animals kept in husbandry systems in which their welfare depends on frequent human attention shall be inspected at least once a day. Animals in other systems shall be inspected at intervals sufficient to avoid any suffering.</p></td></tr></table> <table><col/><col/><tr><td><p>3.</p></td><td><p>Adequate lighting (fixed or portable) shall be available to enable the animals to be thoroughly inspected at any time.</p></td></tr></table> <table><col/><col/><tr><td><p>4.</p></td><td><p>Any animal which appears to be ill or injured must be cared for appropriately without delay and, where an animal does not respond to such care, veterinary advice must be obtained as soon as possible. Where necessary sick or injured animals shall be isolated in suitable accomodation with, where appropriate, dry comfortable bedding.</p></td></tr></table> Record keeping <table><col/><col/><tr><td><p>5.</p></td><td><p>The owner or keeper of the animals shall maintain a record of any medicinal treatment given and of the number of mortalities found to each inspection.</p><p>Where equivalent information is required to be kept for other purposes, this shall also suffice for the purposes of this Directive.</p></td></tr></table> <table><col/><col/><tr><td><p>6.</p></td><td><p>These records shall be retained for a period of at least three years and shall be made available to the competent authority when carrying out an inspection or when otherwise requested.</p></td></tr></table> Freedom of movement <table><col/><col/><tr><td><p>7.</p></td><td><p>The freedom of movement of an animal, having regard to its species and in accordance with established experience and scientific knowledge, must not be restricted in such a way as to cause it unnecessary suffering or injury.</p><p>Where an animal is continuously or regularly tethered or confined, it must be given the space appropriate to its physiological and ethological needs in accordance with established experience and scientific knowledge.</p></td></tr></table> Buildings and accommodation <table><col/><col/><tr><td><p>8.</p></td><td><p>Materials to be used for the construction of accommodation, and in particular for the construction of pens an equipment with which the animals may come into contact, must not be harmful to the animals and must be capable of being throughly cleaned and disinfected.</p></td></tr></table> <table><col/><col/><tr><td><p>9.</p></td><td><p>Accommodation and fittings for securing animals shall be constructed and maintained so that there are no sharp edges or protrusions likely to cause injury to the animals.</p></td></tr></table> <table><col/><col/><tr><td><p>10.</p></td><td><p>Air circulation, dust levels, temperature, relative air humidity and gas concentrations must be kept within limits which are not harmful to the animals.</p></td></tr></table> <table><col/><col/><tr><td><p>11.</p></td><td><p>Animals kept in buildings must not be kept either in permanent darkness or without an appropriate period of rest from artificial lighting. Where the natural light available is insufficient to meet the physiological and ethological needs of the animals, appropriate artificial lighting must be provided.</p></td></tr></table> Animals not kept in buildings <table><col/><col/><tr><td><p>12.</p></td><td><p>Animals not kept in buildings shall where necessary and possible be given protection from adverse weather conditions, predators and risks to their health.</p></td></tr></table> Automatic or mechanical equipment <table><col/><col/><tr><td><p>13.</p></td><td><p>All automated or mechanical equipment essential for the health and well-being of the animals must be inspected at least once daily. Where defects are discovered, these must be rectified immediately, or if this is impossible, appropriate steps must be taken to safeguard the health and well-being of the animals.</p><p>Where the health and well-being of the animals is dependent on an artificial ventilation system, provision must be made for an appropriate backup system to guarantee sufficient air renewal to preserve the health and well-being of the animals in the event of failure of the system, and an alarm system must be provided to give warning of breakdown. The alarm system must be tested regularly.</p></td></tr></table> Feed, water and other substances <table><col/><col/><tr><td><p>14.</p></td><td><p>Animals must be fed a wholesome diet which is appropriate to their age and species and which is fed to them in sufficient quantity to maintain them in good health and satisfy their nutritional needs. No animal shall be provided with food or liquid in a manner, nor shall such food or liquid contain any substance, which may cause unnecessary suffering or injury.</p></td></tr></table> <table><col/><col/><tr><td><p>15.</p></td><td><p>All animals must have access to feed at intervals appropriate to their physiological needs.</p></td></tr></table> <table><col/><col/><tr><td><p>16.</p></td><td><p>All animals must have access to a suitable water supply or be able to satisfy their fluid intake needs by other means.</p></td></tr></table> <table><col/><col/><tr><td><p>17.</p></td><td><p>Feeding and watering equipment must be designed, constructed and placed so that contamination of food and water and the harmful effects of competition between the animals are minimised.</p></td></tr></table> <table><col/><col/><tr><td><p>18.</p></td><td><p>No other substance, with the exception of those given for therapeutic, or prophylactic purposes or for the purposes of zootechnical treatment as defined in Article 1(2)(c) of Directive 96/22/EEC&#160;(<a><span>7</span></a>), must be administered to an animal unless it has been demonstrated by scientific studies of animal welfare or established experience that the effect of that substance is not detrimental to the health or welfare of the animal.</p></td></tr></table> Mutilations <table><col/><col/><tr><td><p>19.</p></td><td><p>Pending the adoption of specific provisions concerning mutilations in accordance with the procedure laid down in Article 5, and without prejudice to Directive 91/630/EEC, relevant national provisions shall apply in accordance with the general rules of the Treaty.</p></td></tr></table> Breeding procedures <table><col/><col/><tr><td><p>20.</p></td><td><p>Natural or artificial breeding or breeding procedures which case or are likely to cause suffering or injury to any of the animals concerned must not be practised.</p><p>This provision shall not preclude the use of certain procedures likely to cause minimal or momentary suffering or injury, or which might necessitate interventions which would not cause lasting injury, where these are allowed by national provisions.</p></td></tr></table> <table><col/><col/><tr><td><p>21.</p></td><td><p>No animal shall be kept for farming purposes unless it can reasonably be expected, on the basis of its genotype or phenotype, that it can be kept without detrimental effect on its health or welfare.</p></td></tr></table> <note> ( 1 ) Council Directive 88/166/EEC of 7 March 1998 complying with the judgment of the Court of Justice in Case 131-86, (annulment of Council Directive 86/113/EEC of 25 March 1986 laying down minimum standards for the protection of laying hens kept in battery cages) (OJ L 74 19.3.1988, p. 83). ( 2 ) Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ L 340, 11.12.1991, p. 28). Directive as last amended by Directive 97/2/EC (OJ L 25, 28.1.1997, p. 24). ( 3 ) Council Directive 91/630/EEC of 19 November 1991 laying down minimum standards for the protection of pigs (OJ L 340, 11.12.1991, p. 33). ( 4 ) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( OJ L 95, 7.4.2017, p. 1 ). ( 5 ) OJ L 31, 1.2.2002, p. 1. ( 6 ) OJ L 184, 17.7.1999, p. 23. ( 7 ) Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists (OJ L 125, 23.5.1996, p. 3). </note>
ENG
01998L0058-20191214
<table><col/><col/><col/><col/><tbody><tr><td><p>14.7.2023&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 179/9</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2023/1450 of 13 July 2023 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4 mm, originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union ( 1 ) ('the basic Regulation'), and in particular Article 11(2) thereof, Whereas: 1. PROCEDURE 1.1. Previous investigations and measures in force <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>By Commission Implementing Regulation (EU)&#160;2017/804&#160;<a>(<span>2</span>)</a>, the European Commission imposed anti-dumping duties on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4&#160;mm, originating in the People&#8217;s Republic of China (&#8216;the original measures&#8217;). The investigation that led to the imposition of the original measures will hereinafter be referred to as &#8216;the original investigation&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The anti-dumping duties currently in force are at rates ranging between 29,2&#160;% and&#160;41,4&#160;% on imports from the sampled exporting producers, 45,6&#160;% on the non-sampled cooperating companies and a duty rate of 54,9&#160;% on all other companies from the People&#8217;s Republic of China (&#8216;PRC&#8217; or &#8216;China&#8217;).</p></td></tr></tbody></table> 1.2. Request for an expiry review <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Following the publication of a notice of impending expiry the European Commission (&#8216;the Commission&#8217;) received a request for a review pursuant to Article&#160;11(2) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The request for review was submitted on 10&#160;February 2022 by the European Steel Tube Association (&#8216;the applicant&#8217; or &#8216;ESTA&#8217;) on behalf of the Union industry of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4&#160;mm in the sense of Article&#160;11(2) of the basic Regulation. The request for review was based on the grounds that the expiry of the measures would be likely to result in continuation or recurrence of dumping and continuation or recurrence of injury to the Union industry.</p></td></tr></tbody></table> 1.3. Initiation of an expiry review <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Having determined, after consulting the Committee established by Article&#160;15(1) of the basic Regulation, that sufficient evidence existed for the initiation of an expiry review, on 12&#160;May 2022 the Commission initiated an expiry review with regard to imports into the Union of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4&#160;mm, originating in the People&#8217;s Republic of China (&#8216;the country concerned&#8217;) on the basis of Article&#160;11(2) of the basic Regulation. It published a Notice of Initiation in the<span>Official Journal of the European Union</span>&#160;<a>(<span>3</span>)</a> (&#8216;the Notice of Initiation&#8217;).</p></td></tr></tbody></table> 1.4. Comments on initiation <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Following the publication of the Notice of Initiation, the Chinese cooperating exporting producers questioned whether the fact that none of the sampled Union producers in the original investigation participated in the request for this review implied a full recovery from the dumped and injurious imports for the companies in question.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The Commission first observed that the exporting producers did not put into question the fact that the request met the conditions contained in Article&#160;5(4) of the basic Regulation. Indeed, it was launched by the European Steel Tube Association representing more than 25&#160;% of the total Union production and was supported by Union producers representing more than 50&#160;% of the total EU production. Second, the Union producer Huta Batory, was sampled in both investigations, the original one and the expiry review. Third, Valcovni Trub Chomutov AS, the second sampled producer in the original investigation, supported the expiry review request but was not sampled by the Commission. Finally, the other two companies that had been sampled in the original investigation, Arcelor Mittal Tubular Products Roman and Vallourec Deutschland GmbH, have exited or are in the process of exiting the Union market. Consequently, the claim was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Moreover, the exporting producers argued that an expiry review shall be initiated when the request contains sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury and that a positive determination shall be supported by factual evidence. To support their argument they stressed that the Chinese exporting producers will never know what the normal value is because of the different methods used by resorting to prices in a representative country.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The Commission noted that it examined the accuracy and adequacy of the evidence provided and determined that there was sufficient evidence to justify the initiation of the present investigation, in accordance with Article&#160;11(2) of the basic Regulation. In any case, the exporting producers have not provided an example of insufficient evidence, thus, this claim was not supported by any proper reasoning. Regarding the normal value, the exporting producers had ample opportunity to verify the method(s) used and the normal value calculated in the request. Consequently, their claim was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>Furthermore, exporting producers stated that the Union producers&#8217; business operations of the product concerned are much more dependent on the conditions of overseas markets than on the conditions in the Union and that the deterioration of the applicants&#8217; export performance since 2019 cannot be ascribed to imports originating in China. They also claimed that, besides the poor export performance, part of the negative development trends in the Union was also attributed to the outbreak of the COVID-19 pandemic, particularly in&#160;2020. In addition, they argued that the cost of production per tonne that was reported in the request, that is between &#8364; 1&#160;245 and &#8364; 1&#160;291, was considerably lower than what was reported in the initial investigation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>The Commission noted that at the stage of the request, it is sufficient, on the basis of the information reasonably available to the applicant, to provide evidence showing that there is likelihood of either continuation or recurrence of injury should the measures be allowed to lapse. In this respect, even if the claims by the exporting producers were correct that the economic situation of the Union industry deteriorated due to factors other than the imports from China, the arguments presented did not put into question the fact that the imports from China remained significant in absolute terms and in market share. Furthermore, the evidence provided in the request indicated that injury is likely to recur should the measures be allowed to lapse. Consequently, the claim was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>The exporting producers also claimed that Tenaris&#8217; economic performance, before and after the impact of the pandemic, was in a strong and normal condition. In the case of Tubos Reunidos SA, sales value remained at the same level for 3 consecutive years, starting in&#160;2018 and then from 2020 onwards sales values have picked-up. Only export sales to third countries have declined, except for the US market. To support their arguments about the situation of the EU producers, they provided evidence of the two companies&#8217; ambitious planning to either invest and expand or upgrade their production facilities in the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The Commission noted that injury indicators are not analysed at the level of individual producers, but at the level of the entire Union industry. As indicated in recital 11 above, the request contained sufficient evidence with regard to the entire Union industry, about the continuation or recurrence of injury should the measures be allowed to lapse. Consequently, the argument was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>The exporting producers also argued that the Union market faces rapid increases in imports from Thailand, that have a great influence on the effect of the measures implemented and the market position of the applicants. In addition, the safeguard measures also cover the product concerned and will remain in place until 30&#160;June 2024.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>The Commission noted that, concerning the imports from Thailand, the parties failed to show how their argument would put into question the evidence contained in the request regarding continuation/recurrence of injury. Regarding the safeguard measures, anti-dumping measures address a different situation than safeguard measures. In addition, the steel safeguard measures do not prevent the imposition of anti-dumping measures within the free-of-safeguard duty quotas. The claim was therefore rejected.</p></td></tr></tbody></table> 1.5. Review investigation period and period considered <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>The investigation of continuation or recurrence of dumping covered the period from 1&#160;January 2021 to 31&#160;December 2021 (the &#8216;review investigation period&#8217; or the &#8216;RIP&#8217;). The examination of trends relevant for the assessment of the likelihood of a continuation or recurrence of injury covered the period from 1&#160;January 2018 to the end of the review investigation period (&#8216;the period considered&#8217;).</p></td></tr></tbody></table> 1.6. Interested parties <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the investigation. In addition, the Commission specifically informed the applicant, the Union producers, trade unions, the known producers in the People&#8217;s Republic of China and the authorities of the People&#8217;s Republic of China, known importers, users, traders, as well as associations known to be concerned about the initiation of the expiry review and invited them to participate.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>Interested parties had an opportunity to comment on the initiation of the expiry review and to request a hearing with the Commission&#160;and/or the Hearing Officer in trade proceedings.</p></td></tr></tbody></table> (a) Sampling <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>In the Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article&#160;17 of the basic Regulation.</p></td></tr></tbody></table> (b) Sampling of Union producers <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>In the Notice of Initiation, the Commission stated that it had provisionally selected a sample of Union producers. The Commission selected the sample on the basis of the largest representative volumes of production and sales of the like product in the Union that can reasonably be investigated within the time available, in accordance with Article&#160;17 of the basic Regulation; and on the basis of the geographical spread of the sample. This sample consisted of three Union producers. The sampled Union producers accounted for almost 76&#160;% and&#160;67&#160;% of the total production and sales volumes, respectively, of the known Union producers of the like product. In accordance with Article&#160;17(2) of the basic Regulation, the Commission invited interested parties to comment on the provisional sample but no comments were received. Consequently, the sample was confirmed. The sample is representative of the Union industry.</p></td></tr></tbody></table> (c) Sampling of importers <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>Only one unrelated importer provided the requested information and agreed to be included in the sample. In view of the minimal number, the Commission decided that sampling was not necessary.</p></td></tr></tbody></table> (d) Sampling of exporting producers in the PRC <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>To decide whether sampling was necessary and, if so, to select a sample, the Commission asked all exporting producers in the PRC to provide the information specified in the Notice of Initiation. In addition, the Commission asked the Mission of the People&#8217;s Republic of China to the European Union to identify&#160;and/or contact other exporting producers, if any, that could be interested in participating in the investigation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>Two exporting&#160;producers/group of exporting producers in the PRC provided the requested information and agreed to be included in the sample. In view of the low number, the Commission decided that sampling was not necessary, and to investigate all the exporting producers that came forward.</p></td></tr></tbody></table> (e) Questionnaires and verification visits <table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>The Commission sent a questionnaire concerning the existence of significant distortions in the PRC within the meaning of Article&#160;2(6a) (b) of the basic Regulation to the Government of the People&#8217;s Republic of China (&#8216;GOC&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>The Commission also sent questionnaires to the sampled Union producers, unrelated importers, users, Union producers&#8217; association and exporting producers. The same questionnaires had also been made available online&#160;<a>(<span>4</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>The Commission received questionnaire replies from the three sampled Union producers, one unrelated importer, the Union producers&#8217; association and the two exporting&#160;producers/group of exporting producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>The Commission sought and verified all the information deemed necessary for the determination of likelihood of continuation or recurrence of dumping and injury and of the Union interest. Verification visits pursuant to Article&#160;16 of the basic Regulation were carried out at the premises of the following companies:</p><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p><span>Union producers</span></p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Dalmine S.p.A. in Bergamo, Italy.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Tubos Reunidos Group S.L.U. in Tr&#225;paga, Vizcaya, Spain</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Alchemia S.A. in Chorzow, Poland</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p><span>Unions&#8217; association</span></p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>The Commission also held a verification visit with the following association:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>European Steel Tube Association, in Paris, France.</p><p><span>Exporting producers in the PRC</span></p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>Due to the outbreak of the COVID-19 pandemic and the consequent measures taken to deal with the outbreak (&#8216;the COVID-19 Notice&#8217;)&#160;<a>(<span>5</span>)</a>, the Commission was unable to carry out verification visits at the premises of the exporting producers. Instead, the Commission cross-checked remotely all the information deemed necessary for its determinations in line with the COVID-19 Notice. The Commission held videoconferences with the following exporting&#160;producers/group of exporting producers:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CITIC Pacific Group:</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Daye Special Steel Co., Ltd;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Zhejiang Pacific Seamless Steel Tube Co., Ltd;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Yangzhou Chengde Steel Pipe Co., Ltd.</p></td></tr></tbody></table></td></tr></tbody></table> 1.7. Comments following final disclosure <table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p>In their comments following final disclosure the cooperating exporting producers, Daye Special Steel Co. Ltd., Zhejiang Pacific Seamless Steel Tube Co. and Yangzhou Chengde Steel Pipe, Co. Ltd, questioned the alleged absence of the Union producers, which were sampled in the original investigation, from this expiry review investigation and the reasons for them not being included in the sample this time. In addition, they noted that Huta Batory was not listed as one of the sampled Union producers in this expiry review. Furthermore, they indicated that they could not assess if the determination of recurrence of injury was linked to changes in the sample between the two investigations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(32)</p></td><td><p>The Commission noted that the argument brought.by the cooperating exporting producers has been addressed in recital 7. In particular, the Union producer Huta Batory, was sampled in both investigations, the original one and the expiry review investigation. This company is now known as Alchemia S.A..</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(33)</p></td><td><p>As far as the other companies are concerned, as explained in recital 20, the Union producers were sampled on the basis of the largest representative volumes of production and sales of the like product in the Union, that can reasonably be investigated within the time available. In the absence of comments on the sample, the sample was confirmed and found to be representative of the Union industry. Furthermore, even though the sample changed between the original investigation and this expiry review, the exporting producers did not submit any evidence that the sample was not representative. In addition, when assessing the situation of the Union industry and the recurrence of injury, the Commission also bases its analysis on macroeconomic indicators relating to all Union producers including those that were sampled in the original investigation. On this basis, this claim was rejected.</p></td></tr></tbody></table> 2. SUBSEQUENT PROCEDURE <table><col/><col/><tbody><tr><td><p>(34)</p></td><td><p>On 21&#160;April 2023, the Commission disclosed the essential facts and considerations on the basis of which it intended to maintain the anti-dumping duties in force. All parties were granted a period within which they could make comments on the disclosure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(35)</p></td><td><p>The comments made by interested parties were considered by the Commission and taken into account, where appropriate. The parties who so requested were granted a hearing.</p></td></tr></tbody></table> 3. PRODUCT UNDER REVIEW, PRODUCT CONCERNED AND LIKE PRODUCT 3.1. Product under review <table><col/><col/><tbody><tr><td><p>(36)</p></td><td><p>The product under review is the same as in the original investigation, namely certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4&#160;mm, currently falling under CN codes 7304&#160;19&#160;90, ex&#160;7304&#160;29&#160;90, 7304&#160;39&#160;88 and 7304&#160;59&#160;89 (TARIC code 7304299090) (&#8216;the product under review&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(37)</p></td><td><p>Certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4&#160;mm are used in a wide range of applications, for example transportation of oil, gas, liquids and fluids, in the construction business for piling, for mechanical uses, boiler tubes and oil and country tubular goods (&#8216;OCTG&#8217;) for casing in the oil industry.</p></td></tr></tbody></table> 3.2. Product concerned <table><col/><col/><tbody><tr><td><p>(38)</p></td><td><p>The product concerned by this investigation is the product under review originating in the People&#8217;s Republic of China.</p></td></tr></tbody></table> 3.3. Like product <table><col/><col/><tbody><tr><td><p>(39)</p></td><td><p>As established in the original investigation, this expiry review investigation confirmed that the following products have the same basic physical, chemical and technical characteristics as well as the same basic uses:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the product concerned;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the product under review produced and sold on the domestic market of the PRC and;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the product under review produced and sold in the Union by the Union industry.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(40)</p></td><td><p>These products are therefore considered to be like products within the meaning of Article&#160;1(4) of the basic Regulation.</p></td></tr></tbody></table> 4. DUMPING 4.1. Evolution of the imports after the imposition of the measures <table><col/><col/><tbody><tr><td><p>(41)</p></td><td><p>In the original investigation period&#160;<a>(<span>6</span>)</a>, the Chinese exporting producers exported to the Union more than 42 thousand tonnes of the product concerned, representing a market share of around 26&#160;% of the Union market at the time.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(42)</p></td><td><p>In the current investigation, for the period considered and the review investigation period, the statistical data on imports of the product concerned reported in Comext and the 14(6) Database showed a considerably lower volume of imports than the volume of exports declared by the cooperating exporting producers. Therefore, the Commission considered that, in this particular case, the statistical information was not reliable and could not be used to determine the volume of imports from the PRC and the market share of the Chinese exporting producers. It thus based its findings related to the volume of imports into the Union of the product concerned and the market share of the Chinese exporting producers on the verified data of the cooperating exporting producers and the information in the review request.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(43)</p></td><td><p>During the review investigation period, the cooperating exporting producers exported to the Union around 2,9 thousand tonnes of the product concerned, which represented a market share of between [2,5-3,5&#160;%] of the Union market (see Table 3).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(44)</p></td><td><p>The cooperating exporting producers&#8217; production during the review investigation period accounted only for around 12&#160;% of the total estimated production of the product under review in the PRC&#160;<a>(<span>7</span>)</a>. Therefore, the Commission considered it likely that during the review investigation period, the total import volume into the EU of all the Chinese exporting producers (not sampled and verified within the investigation) exceeded the volume of 2,9 thousand tonnes declared by the cooperating Chinese exporting producers, and the market share of the Chinese exporting producers exceeded in all likelihood the [2,5-3,5&#160;%] indicated in Table 3 below.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(45)</p></td><td><p>On this basis the Commission concluded that during the review investigation period the Chinese exporting producers continued to export, although in lower quantities, the product under review to the Union.</p></td></tr></tbody></table> 4.2. Procedure for the determination of the normal value under Article 2(6a) of the basic Regulation <table><col/><col/><tbody><tr><td><p>(46)</p></td><td><p>Given the sufficient evidence available at the initiation of the investigation tending to show, with regard to the PRC, the existence of significant distortions within the meaning of point (b) of Article&#160;2(6a) of the basic Regulation, the Commission initiated the investigation on the basis of Article&#160;2(6a) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(47)</p></td><td><p>In order to obtain information it deemed necessary for its investigation with regard to the alleged significant distortions, the Commission sent a questionnaire to the GOC. In addition, in point 5.3.2 of the Notice of Initiation, the Commission invited all interested parties to make their views known, submit information and provide supporting evidence regarding the application of Article&#160;2(6a) of the basic Regulation within 37 days of the date of publication of the Notice of Initiation in the<span>Official Journal of the European Union</span>. No questionnaire reply was received from the GOC and no submission on the application of Article&#160;2(6a) of the basic Regulation was received within the deadline. Subsequently, the Commission informed the GOC that it would use facts available within the meaning of Article&#160;18 of the basic Regulation for the determination of the existence of the significant distortions in the PRC.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(48)</p></td><td><p>In point 5.3.2 of the Notice of Initiation, the Commission also specified that, in view of the evidence available, it had provisionally selected Mexico as an appropriate representative country pursuant to Article&#160;2(6a)(a) of the basic Regulation, for the purpose of determining the normal value based on undistorted prices or benchmarks. The Commission further stated that it would examine other possibly appropriate countries in accordance with the criteria set out in first indent of Article&#160;2(6a) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(49)</p></td><td><p>On 14&#160;July 2022, the Commission informed by a Note to the file (&#8216;Note on factors of production and the representative country&#8217; or the &#8216;Note&#8217;) the interested parties on the relevant sources it intended to use for the determination of the normal value. In that Note, the Commission provided a list of all factors of production such as raw materials, labour and energy used in the production of the product under review. In addition, based on the criteria guiding the choice of undistorted prices or benchmarks, the Commission identified the possible representative country, namely Mexico. It also informed interested parties that it would establish selling, general and administrative costs (&#8216;SG&amp;A&#8217;) and profits based on available information for the company Tubos de Acero de M&#233;xico S.A. (&#8216;Tamsa&#8217;), a producer in Mexico.</p></td></tr></tbody></table> 4.3. Normal value <table><col/><col/><tbody><tr><td><p>(50)</p></td><td><p>According to Article&#160;2(1) of the basic Regulation,<span>&#8216;the normal value</span> shall<span>normally be based on the prices paid or payable, in the ordinary course of trade, by independent customers in the exporting country&#8217;</span>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(51)</p></td><td><p>However, according to Article&#160;2(6a)(a) of the basic Regulation,<span>&#8216;in case it is determined [&#8230;] that it is not appropriate to use domestic prices and costs in the exporting country due to the</span> existence<span>in that country of significant distortions within the meaning of point (b), the normal value shall be constructed exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks&#8217;</span>, and<span>&#8216;shall include an undistorted and reasonable amount of administrative, selling and general costs and for profits&#8217;</span> (<span>&#8216;administrative, selling and general costs&#8217;</span> is refereed hereinafter as &#8216;SG&amp;A&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(52)</p></td><td><p>As further explained below, the Commission concluded in the present investigation that, based on the evidence available, and in view of the lack of cooperation of the GOC, the application of Article&#160;2(6a) of the basic Regulation was appropriate.</p></td></tr></tbody></table> 4.3.1. Existence of significant distortions <table><col/><col/><tbody><tr><td><p>(53)</p></td><td><p>In recent investigations concerning the steel sector in the PRC&#160;<a>(<span>8</span>)</a>, the Commission found that significant distortions in the sense of Article&#160;2(6a) (b) of the basic Regulation were present.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(54)</p></td><td><p>In those investigations, the Commission found that there is substantial government intervention in the PRC resulting in a distortion of the effective allocation of resources in line with market principles&#160;<a>(<span>9</span>)</a>. In particular, the Commission concluded that in the steel sector, which is the main raw material to produce the product under review, not only does a substantial degree of ownership by the GOC persist in the sense of Article&#160;2(6a) (b), first indent of the basic Regulation&#160;<a>(<span>10</span>)</a>, but the GOC is also in a position to interfere with prices and costs through State presence in firms in the sense of Article&#160;2(6a) (b), second indent of the basic Regulation&#160;<a>(<span>11</span>)</a>. The Commission further found that the State&#8217;s presence and intervention in the financial markets, as well as in the provision of raw materials and inputs have an additional distorting effect on the market. Indeed, overall, the system of planning in the PRC results in resources being concentrated in sectors designated as strategic or otherwise politically important by the GOC, rather than being allocated in line with market forces&#160;<a>(<span>12</span>)</a>. Moreover, the Commission concluded that the Chinese bankruptcy and property laws do not work properly in the sense of Article&#160;2(6a)(b), fourth indent of the basic Regulation, thus generating distortions in particular when maintaining insolvent firms afloat and when allocating land use rights in the PRC&#160;<a>(<span>13</span>)</a>. In the same vein, the Commission found distortions of wage costs in the steel sector in the sense of Article&#160;2(6a) (b), fifth indent of the basic Regulation&#160;<a>(<span>14</span>)</a>, as well as distortions in the financial markets in the sense of Article&#160;2(6a) (b), sixth indent of the basic Regulation, in particular concerning access to capital for corporate actors in the PRC&#160;<a>(<span>15</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(55)</p></td><td><p>Like in previous investigations concerning the steel sector in the PRC, the Commission examined in the present investigation whether it was appropriate or not to use domestic prices and costs in the PRC, due to the existence of significant distortions within the meaning of point (b) of Article&#160;2(6a) of the basic Regulation. The Commission did so on the basis of the evidence available on the file, including the evidence contained in the request, as well as in the Commission Staff Working Document on Significant Distortions in the Economy of the People&#8217;s Republic of China for the Purposes of Trade Defence Investigations&#160;<a>(<span>16</span>)</a> (&#8216;Report&#8217;), which relies on publicly available sources. That analysis covered the examination of the substantial government interventions in the PRC&#8217;s economy in general, but also the specific market situation in the relevant sector including the product under review. The Commission further supplemented these evidentiary elements with its own research on the various criteria relevant to confirm the existence of significant distortions in the PRC as also found by its previous investigations in this respect.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(56)</p></td><td><p>The request alleged that the Chinese economy as a whole is widely influenced and affected by various all-encompassing interventions by the GOC or other public authorities on various levels of government, in view of which domestic prices and costs of the Chinese steel industry cannot be used in the present investigation. To support its position, the request referred to the Commission&#8217;s recent investigations of the Chinese steel sector.&#160;<a>(<span>17</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(57)</p></td><td><p>More specifically, the request pointed out that against the background of the &#8216;socialist market economy&#8217; doctrine enshrined in the PRC Constitution, the omnipresence of the Chinese Communist Party (&#8216;CCP&#8217;) and its influence over the economy by means of strategic planning initiatives &#8211; such as the 13th and&#160;14th Five-Years Plans (&#8216;FYP&#8217;) &#8211; the GOC&#8217;s interventionism takes various forms, namely administrative, financial and regulatory.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(58)</p></td><td><p>The request provided examples of elements pointing to existence of distortions, as listed in the first to sixth dash of Article&#160;2(6a)(b) of the basic Regulation. In particular, referring to previous Commission investigations in the steel sector and to the Report the applicant submitted that:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The overall setup of the Chinese economy not only allows for substantial government interventions into the economy, but such interventions are expressly mandated. The notion of supremacy of public ownership over the private one permeates the entire legal system and is emphasized as a general principle in all central pieces of legislation. The Chinese property law is a prime example: it refers to the primary stage of socialism and entrusts the State with upholding the basic economic system under which the public ownership plays a dominant role. Other forms of ownership are tolerated, with the law permitting them to develop side by side with the State ownership;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The Chinese State does not only actively formulate and oversee the implementation of general economic policies by individual State-owned enterprises (&#8216;SOEs&#8217;), but it also claims its rights to participate in operational decision-making in SOEs. This is typically done through the rotation of cadres between government authorities and SOEs, through presence of party members in SOEs executive bodies and of party cells in companies, as well as by shaping the corporate structure of the SOE sector. In exchange, SOEs enjoy a particular status within the Chinese economy. This status entails a number of economic benefits, in particular the shielding from competition and the preferential access to relevant inputs, including financing. Higher leverage and labour productivity conduct to a surge in SOE debt, triggered by falling interest costs. This illustrates how easy monetary conditions can lead to a rapid SOE debt accumulation&#160;<a>(<span>18</span>)</a>;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>On the level of allocation of financial resources, the financial system in the PRC is dominated by the State-owned commercial banks. Those banks, when setting up and implementing their lending policy need to align themselves with the government&#8217;s industrial policy objectives rather than primarily assessing the economic merits of a given project. The same applies to the other components of the Chinese financial system, such as the stock markets, bond markets, private equity markets etc. Furthermore, borrowing costs have been kept artificially low to stimulate investment growth, which has led to the excessive use of capital investment with ever-lower returns on investment;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The steel industry is regarded as an important, fundamental sector of the Chinese economy, a national cornerstone&#160;<a>(<span>19</span>)</a> by the GOC, and as such is a particularly supported industry&#160;<a>(<span>20</span>)</a>. Moreover, from the five Chinese steel producers ranked in the top 10 of the world&#8217;s largest steel producers, four are SOEs. With the high level of government intervention in the steel industry and a high share of SOEs in the sector, even privately-owned steel producers are prevented from operating under market conditions;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The Chinese bankruptcy system appears to be inadequate to deliver on its own main objectives such as to settle claims and debts fairly and to safeguard the lawful rights and interests of creditors and debtors;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The shortcomings of the system of property rights are particularly obvious in relation to ownership of land and land-use rights in China. All land is owned by the Chinese State (collectively owned rural land and State-owned urban land). Its allocation remains solely dependent on the State&#160;<a>(<span>21</span>)</a>;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Workers and employers are impeded in their rights to collective organisation and mobility is restricted by the household registration system, which limits access to the full range of social security and other benefits. This leads to wage costs being distorted since they do not result from normal market forces or negotiation between companies and the work force.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(59)</p></td><td><p>The GOC did not comment or provide evidence supporting or rebutting the existing evidence on the case file, including the Report and the additional evidence provided by the applicant, on the existence of significant distortions&#160;and/or appropriateness of the application of Article&#160;2(6a) of the basic Regulation in the case at hand.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(60)</p></td><td><p>Specifically in the sector of the product under review, i.e. the steel sector, a substantial degree of ownership by the GOC persists in the sense of Article&#160;2(6a) (b), first indent of the basic Regulation. The investigation confirmed that two main producers of the product under review, namely Daye Special Steel ltd and Zhejiang Pacific Seamless Tube are state-owned. Daye Special Steel ltd and Zhejiang Pacific Seamless Tube, are subsidiaries of CITIC Pacific Special steel. CITIC Pacific Special Steel is one of the largest dedicated manufacturers of special steel in China&#160;<a>(<span>22</span>)</a> and it belongs to CITIC Limited, which is a SOE and one of China&#8217;s largest conglomerates&#160;<a>(<span>23</span>)</a>. In its 2021 Annual report, CITIC states that &#8216;<span>CITIC is committed to carrying out the national strategy, including green and low-carbon transformation, in order to fulfil the 14th Five-Year Plan. We will also strive to become a pioneer among state-owned enterprises in contributing to our dual carbon objectives and to become an ESG role model in the capital market</span>&#160;<a>(<span>24</span>)</a><span>&#8217;.</span></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(61)</p></td><td><p>Both public and privately owned enterprises in the steel sector are subject to policy supervision and guidance. The latest Chinese policy documents concerning the steel sector confirm the continued importance which GOC attributes to the sector, including the intention to intervene in the sector in order to shape it in line with the government policies. This is exemplified by the Ministry of Industry and Information Technology&#8217;s draft Guiding Opinion on Fostering a High Quality Development of Steel Industry which calls for further consolidation of the industrial foundation and significant improvement in the modernization level of the industrial chain&#160;<a>(<span>25</span>)</a>, by the 14<span>th</span> FYP on Developing the Raw Material Industry according to which the sector will &#8216;<span>adhere to the combination of market leadership and government promotion</span>&#8217; and will &#8216;<span>cultivate a group of leading companies with ecological leadership and core competitiveness</span>&#8217;&#160;<a>(<span>26</span>)</a> or also by the 14<span>th</span> FYP on Developing Scrap Steel Industry whose key objectives is to &#8216;<span>continuously increase the application ratio of scrap steel, and by the end of the 14<span>th</span> FYP, the comprehensive scrap ratio of national steel making will reach 30&#160;%</span>.&#8217;&#160;<a>(<span>27</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(62)</p></td><td><p>Similar examples of the intention by the Chinese authorities to supervise and guide the developments of the sector can be seen at the provincial level, such as in Hebei which plans to &#8216;<span>steadily implement the group development of organizations, accelerate the reform of mixed ownership of state-owned enterprises, focus on promoting the cross-regional merger and reorganization of private iron and steel enterprises, and strive to</span> establish<span>1-2 world-class large groups, 3-5 large groups with domestic influence as the support</span>&#8217; and to &#8216;<span>further expand the recycling and circulation channels of scrap steel, strengthen the screening and classification of scrap steel.&#8217;</span>&#160;<a>(<span>28</span>)</a> Moreover, Hebei&#8217;s plan in the steel sector states:<span>&#8216;Adhere to structural adjustment and highlight product diversification. Unswervingly promote the structural adjustment and layout optimization of the iron and steel industry, promote the consolidation, reorganization, transformation and upgrading of enterprises, and comprehensively promote the development of the iron and steel industry in the direction of large-scale enterprises, modernization of technical equipment, diversification of production processes, and diversification of downstream products&#8217;</span>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(63)</p></td><td><p>Similarly, the Henan Implementation Plan for the Transformation and Upgrade of the Steel Industry during the 14<span>th</span> FYP foresees the &#8216;<span>construction of characteristic steel production bases</span> [&#8230;]<span>, build 6 characteristic steel production bases in Anyang, Jiyuan, Pingdingshan, Xinyang, Shangqiu, Zhouou, etc., and improve the scale, intensification and specialization of the industry. Among them, by 2025, the production capacity of pig iron in Anyang will be controlled within 14 million tons, and the production capacity of crude steel will be controlled within 15 million tons</span>.&#8217;&#160;<a>(<span>29</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(64)</p></td><td><p>Further industrial policy objectives can also be seen in the planning documents of other provinces, such as Jiangsu&#160;<a>(<span>30</span>)</a>, Shandong&#160;<a>(<span>31</span>)</a>, Shanxi&#160;<a>(<span>32</span>)</a>, Liaoning Dalian&#160;<a>(<span>33</span>)</a> or Zhejiang&#160;<a>(<span>34</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(65)</p></td><td><p>As to the GOC being in a position to interfere with prices and costs through State presence in firms in the sense of Article&#160;2(6a) (b), second indent of the basic Regulation, it was not possible to systematically establish the existence of personal connections between producers of the product under review and the CCP. However, there are some specific examples for the product under review.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(66)</p></td><td><p>For instance, the chairman of the Board of Directors of CITIC Pacific Special Steel is secretary of the Party Committee&#160;<a>(<span>35</span>)</a>. Moreover, the Chairman of the supervisory board of CITIC Pacific Special Steel is deputy secretary of the Party Committee.&#160;<a>(<span>36</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(67)</p></td><td><p>Further, policies discriminating in favour of domestic producers or otherwise influencing the market in the sense of Article&#160;2(6a) (b), third indent of the basic Regulation are in place in the sector of the product under review. The investigation identified other documents showing that the industry benefits from governmental guidance and intervention into the steel sector, given that the product under review represents one of its subsectors.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(68)</p></td><td><p>The steel industry keeps being regarded as a key industry by the GOC&#160;<a>(<span>37</span>)</a>. This is confirmed in the numerous plans, directives and other documents focused on steel, which are issued at national, regional and municipal level. Under the 14<span>th</span> FYP, the GOC earmarked the steel industry for transformation and upgrade, as well as optimization and structural adjustment&#160;<a>(<span>38</span>)</a>. Similarly, the 14<span>th</span> FYP on Developing the Raw Materials Industry, applicable also to the steel industry, lists the sector as the &#8216;<span>bedrock of the real economy</span>&#8217; and &#8216;<span>a key field that shapes China&#8217;s international competitive edge</span>&#8217; and sets a number of objectives and working methods which would drive the development of the steel sector in the time period 2021-2025, such a technological upgrade, improving the structure of the sector (not least by means of further corporate concentrations) or digital transformation.&#160;<a>(<span>39</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(69)</p></td><td><p>The important raw material used for the production of the product under review is iron ore. Iron ore is also mentioned in the 14<span>th</span> FYP on Developing the Raw Materials Industry, in which the State plans to &#8216;<span>rationally develop domestic mineral resources. Strengthen the exploration of iron ore</span> [&#8230;]<span>, implement preferential tax policies, encourage the adoption of advanced technology and equipment to reduce the generation of mining solid waste</span>.&#8217;&#160;<a>(<span>40</span>)</a> In provinces, such as Hebei, the authorities foresee the following for the sector: &#8216;<span>new project investment discount subsidy; explore and guide financial institutions to provide low-interest loans for iron and steel enterprises to switch to new industries, and at the same time, the government will provide discount subsidies</span>.&#8217;&#160;<a>(<span>41</span>)</a> In sum, the GOC has measures in place to induce operators to comply with the public policy objectives of supporting encouraged industries, including the production of the main raw materials used in the manufacturing of the product under review. Such measures impede market forces from operating freely.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(70)</p></td><td><p>The product under review is also affected by the distortions of wage costs in the sense of Article&#160;2(6a) (b), fifth indent of the basic Regulation, as also referred to above in recital 58. Those distortions affect the sector both directly (when producing the product under review or the main inputs), as well as indirectly (when having access to inputs from companies subject to the same labour system in the PRC)&#160;<a>(<span>42</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(71)</p></td><td><p>Moreover, no evidence was submitted in the present investigation demonstrating that the sector of the product under review is not affected by the government intervention in the financial system in the sense of Article&#160;2(6a)(b), sixth indent of the basic Regulation, as also referred to above in recital 58. Therefore, the substantial government intervention in the financial system leads to the market conditions being severely affected at all levels.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(72)</p></td><td><p>Finally, the Commission recalls that, in order to produce the product under review, a number of inputs is needed. When the producers of the product under review&#160;purchase/contract these inputs, the prices they pay (and which are recorded as their costs) are clearly exposed to the same systemic distortions mentioned before. For instance, suppliers of inputs employ labour that is subject to the distortions. They may borrow money that is subject to the distortions on the financial&#160;sector/capital allocation. In addition, they are subject to the planning system that applies across all levels of government and sectors.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(73)</p></td><td><p>As a consequence, not only the domestic sales prices of the product under review are not appropriate for use within the meaning of Article&#160;2(6a) (a) of the basic Regulation, but all the input costs (including raw materials, energy, land, financing, labour, etc.) are also affected because their price formation is affected by substantial government intervention, as described in Parts I and II of the Report. Indeed, the government interventions described in relation to the allocation of capital, land, labour, energy and raw materials are present throughout the PRC. This means, for instance, that an input that in itself was produced in the PRC by combining a range of factors of production, is exposed to significant distortions. The same applies for the input to the input and so forth.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(74)</p></td><td><p>In sum, the evidence available showed that prices or costs of the product under review, including the costs of raw materials, energy and labour, are not the result of free market forces because they are affected by substantial government intervention within the meaning of Article&#160;2(6a) (b) of the basic Regulation, as shown by the actual or potential impact of one or more of the relevant elements listed therein. On that basis, and in the absence of any cooperation from the GOC, the Commission concluded that it is not appropriate to use domestic prices and costs to establish normal value in this case. Consequently, the Commission proceeded to construct the normal value exclusively on the basis of costs of production and sale reflecting undistorted prices or benchmarks, that is, in this case, on the basis of corresponding costs of production and sale in an appropriate representative country, in accordance with Article&#160;2(6a) (a) of the basic Regulation, as described in the following section.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(75)</p></td><td><p>No evidence or argument to the contrary has been adduced by the GOC in the present investigation.</p></td></tr></tbody></table> 4.4. Representative country 4.4.1. General remarks <table><col/><col/><tbody><tr><td><p>(76)</p></td><td><p>The choice of the representative country was based on the following criteria pursuant to Article&#160;2(6a) of the basic Regulation:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>A level of economic development similar to the PCR. For this purpose, the Commission used countries with a gross national income per capita similar to the PCR, on the basis of the database of the World Bank&#160;<a>(<span>43</span>)</a>;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Production of the product under review in that country&#160;<a>(<span>44</span>)</a>;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Availability of relevant public data in the representative country.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Where there is more than one possible representative country, preference should be given, where appropriate, to the country with an adequate level of social and environmental protection.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(77)</p></td><td><p>As explained in recital 49, the Commission issued a Note on the sources for the determination of the normal value. This Note describes the facts and evidence underlying the relevant criteria. The Note also informed interested parties of the Commission&#8217;s intention to consider Mexico as an appropriate representative country in the present case if the existence of significant distortions pursuant to Article&#160;2(6a) of the basic Regulation would be confirmed.</p></td></tr></tbody></table> 4.4.2. A level of economic development similar to the PRC and production of the product under review <table><col/><col/><tbody><tr><td><p>(78)</p></td><td><p>In the Note, the Commission identified 55 countries with a similar level of economic development as the PRC according to the World Bank, i.e. they are all classified by the World Bank as &#8216;upper-middle income&#8217; countries on a gross national income basis&#160;<a>(<span>45</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(79)</p></td><td><p>According to the information available to the Commission, the product under review is produced in seven countries: Canada, Japan, Mexico, Russian Federation, Saudi Arabia, South Korea and USA. Only two out of the seven countries are amongst 55 countries identified by the World Bank as having a gross national income similar to the People&#8217;s Republic of China &#8211; the &#8216;upper middle income&#8217; group. These countries are Mexico and the Russian Federation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(80)</p></td><td><p>The Commission further assessed the existence of market distortions by export&#160;and/or import restrictions on the product under review, as well as on the raw materials, namely those representing the most important items of cost of manufacturing used for producing the product under review. It found that in the Russian Federation, trade restrictions exist on steel scrap, electricity and gas, which are all important production factors used for the production of the product under review. In view of these trade restrictions in the Russian Federation, the Commission considered that the Russian Federation could not be considered an appropriate representative country.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(81)</p></td><td><p>No such restrictions were found for Mexico. Mexico has the same level of economic development as the People&#8217;s Republic of China and no restrictions on factors of production nor on the product under review were found.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(82)</p></td><td><p>After initiation, exporting producers Daye Special Steel Co., Ltd and Zhejiang Pacific Seamless Steel Tube Co., Ltd argued that Mexico may not fully satisfy the criteria for being an appropriate third country because: first, the production process appears to be different than the one Chinese exporting producers have; and second, the range of products produced by the Mexican producers seems much narrower (or less diversified) than the ones produced and exported by the Chinese exporting producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(83)</p></td><td><p>Apart from this general claim, the submission of the exporting producers did not contain any concrete evidence on why the production process and the product scope of producers of the product under review in Mexico was different compared to the PRC and what would be the impact on the factors of production. The Commission thus rejected the claim. No further comments were received.</p></td></tr></tbody></table> 4.4.3. Availability of relevant public data in the representative country <table><col/><col/><tbody><tr><td><p>(84)</p></td><td><p>The Commission analysed imports of the main factors of production into Mexico. The analysis of import data showed that factors of production used for the production of the product under review are imported into Mexico in sufficient quantities to constitute an appropriate benchmark and that these imports were not affected by imports from the PRC or any of the countries listed in Annex I to Regulation (EU)&#160;2015/755 of the European Parliament and of the Council&#160;<a>(<span>46</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(85)</p></td><td><p>The Commission also identified a company &#8211; Tamsa &#8211; whose recent financial data for the determination of manufacturing overhead, SG&amp;A and profit, are available based on the financial data of the Tenaris Group (see Section 4.7.5).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(86)</p></td><td><p>In light of the above considerations, the Commission informed the interested parties that it intended to use Mexico as an appropriate representative country and the company Tamsa, in accordance with Article&#160;2(6a)(a), first ident of the basic Regulation, in order to source undistorted prices or benchmarks for the calculation of normal value.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(87)</p></td><td><p>Interested parties were invited to comment on the appropriateness of Mexico as a representative country and of Tamsa as a producer of the product under review in the representative country.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(88)</p></td><td><p>Apart from the comments detailed in recital 82, no comments were received.</p></td></tr></tbody></table> 4.5. Level of social and environmental protection <table><col/><col/><tbody><tr><td><p>(89)</p></td><td><p>Having established that Mexico was the only available appropriate representative country, based on all of the above elements, there was no need to carry out an assessment of the level of social and environmental protection, in accordance with the last sentence of Article&#160;2(6a)(a) first indent of the basic Regulation.</p></td></tr></tbody></table> 4.6. Conclusion <table><col/><col/><tbody><tr><td><p>(90)</p></td><td><p>In view of the above analysis, Mexico met the criteria laid down in Article&#160;2(6a) (a), first indent of the basic Regulation in order to be considered as an appropriate representative country.</p></td></tr></tbody></table> 4.7. Sources used to establish undistorted costs <table><col/><col/><tbody><tr><td><p>(91)</p></td><td><p>In the Note on the sources for the determination of the normal value, the Commission listed the factors of production such as materials, energy and labour used in the production of the product under review by the exporting producers and invited the interested parties to comment and propose publicly available information on undistorted values for each of the factors of production mentioned in that note.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(92)</p></td><td><p>The Commission also stated that, in order to construct the normal value in accordance with Article&#160;2(6a) (a) of the basic Regulation, it would use the database Global Trade Atlas (&#8216;GTA&#8217;)&#160;<a>(<span>47</span>)</a> to establish the undistorted cost of most of the factors of production, notably the raw materials.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(93)</p></td><td><p>Considering all the information based on the request and subsequent information submitted by the&#160;applicant/interested parties and collected during the verification visits, the following factors of production and their sources have been identified in order to determine the normal value in accordance with Article&#160;2(6a)(a) of the basic Regulation:</p><p><span>Table 1</span></p><p><span>Factors of production and source of information</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>Raw materials</p></td><td><p>Commodity codes in Mexico</p></td><td><p>Value</p></td><td><p>Units</p></td><td><p>Source of information</p></td></tr><tr><td><p>Billets (semi-finished product of iron or non-alloy steel containing by weight 0,25&#160;% of carbon)</p></td><td><p>720720</p></td><td><p>4,72</p></td><td><p>CNY/KG</p></td><td><p>GTA</p></td></tr><tr><td><p>Water</p></td><td><p>22019001</p><p>22019090</p></td><td><p>2,01</p></td><td><p>CNY/L</p></td><td><p>GTA</p></td></tr><tr><td><p>Nitrogen</p></td><td><p>280430</p></td><td><p>1,14</p></td><td><p>CNY/KG</p></td><td><p>GTA</p></td></tr><tr><td><p>&#160;</p></td></tr><tr><td><p><span>Labour</span></p></td></tr><tr><td><p>Labour</p></td><td><p>N/A</p></td><td><p>17,21</p></td><td><p>CNY/hour</p></td><td><p>International Labour Organisation (ILO)</p></td></tr><tr><td><p><span>Energy</span></p></td></tr><tr><td><p>Electricity</p></td><td><p>N/A</p></td><td><p>1,09</p></td><td><p>CNY/Kwh</p></td><td><p>GlobalPetrolPrices.com</p></td></tr><tr><td><p>Gas</p></td><td><p>[N/A]</p></td><td><p>0,12</p></td><td><p>CNY/m3</p></td><td><p>CRE (&#8216;Comisi&#243;n Reguladora de Energ&#237;a&#8217;)</p></td></tr><tr><td><p><span>By&#160;product/waste</span></p></td></tr><tr><td><p>Steel scrap</p></td><td><p>720410</p><p>720441</p><p>720449</p></td><td><p>3,31</p></td><td><p>CNY/KG</p></td><td><p>GTA</p></td></tr><tr><td><p>Recycling cutters &#8211; scrap steel</p></td><td><p>72041001</p></td><td><p>3,47</p></td><td><p>CNY/KG</p></td><td><p>GTA</p></td></tr></tbody></table></td></tr></tbody></table> 4.7.1. Raw materials <table><col/><col/><tbody><tr><td><p>(94)</p></td><td><p>In order to establish the undistorted price of raw materials as delivered at the gate of a representative country producer, the Commission used as a basis the weighted average import price to the representative country, as reported in the GTA, to which import duties were added. An import price in the representative country was determined as a weighted average of unit prices of imports from all third countries, excluding the PRC and countries which are not members of the WTO, listed in Annex I of Regulation (EU)&#160;2015/755. The Commission decided to exclude imports from the PRC into the representative country as it concluded that it is not appropriate to use domestic prices and costs in the PRC due to the existence of significant distortions, in accordance with Article&#160;2(6a)(b) of the basic Regulation. Given that there is no evidence showing that the same distortions do not equally affect products intended for export, the Commission considered that the same distortions affected export prices. After excluding imports from the PRC into the representative country, the volume of imports from other third countries remained representative. The weighted average import price was adjusted for import duties, where appropriate.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(95)</p></td><td><p>For a number of factors of production, the actual costs incurred by the cooperating exporting producers represented a negligible share of total raw material costs in the review investigation period. As the value used for these had no appreciable impact on the dumping margin calculations, regardless of the source used, the Commission decided to include those costs into consumables.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(96)</p></td><td><p>In their comments following final disclosure, the cooperating exporting producers questioned the method used by the Commission to calculate undistorted values for consumables. Instead of establishing the total amount of consumables as a percentage of the total direct raw material costs and applying this percentage to the total undistorted raw material costs (the benchmark), it was argued that the Commission should have used an undistorted value for each individual item.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(97)</p></td><td><p>The Commission noted that it is its standard practice not to calculate an individual benchmark for consumables but to express them as a percentage of the total raw material cost on the basis of the cost data reported by the exporting producers and then to apply this percentage to the recalculated cost of materials when using the established undistorted prices. In addition, as explained in recital 95, these costs represented a negligible value and regardless of the method used, they would have had no appreciable impact on the dumping margin calculations. The Commission considered that its methodology for calculating an undistorted value for consumables was appropriate, in that it preserved the cost structure of the relevant exporting producers. Moreover, no better information was available at time of the investigation and as the exporting producers did not substantiate their comments by quantifying the impact of using their proposed method. Therefore the claim regarding consumables was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(98)</p></td><td><p>The Commission expressed the transport cost incurred by the cooperating exporting producers for the supply of raw materials as a percentage of the actual cost of such raw materials and then applied the same percentage to the undistorted cost of the same raw materials, in order to obtain the undistorted transport cost. The Commission considered that, in the context of this investigation, the ratio between the exporting producer&#8217;s raw material and the reported transport costs could be reasonably used as an indication to estimate the undistorted transport costs of raw materials when delivered to the company&#8217;s factory.</p></td></tr></tbody></table> 4.7.2. Labour <table><col/><col/><tbody><tr><td><p>(99)</p></td><td><p>International Labour Organization (&#8216;ILO&#8217;) provides information on average monthly earnings of employees and average weekly hours actually worked per employed person in Mexico every year in different sectors.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(100)</p></td><td><p>The Commission used that information of 2021 to determine the average hourly wage in the manufacturing sector&#160;<a>(<span>48</span>)</a>. To arrive at the total labour cost, the Commission relied on the data published by OECD in Taxing Wages 2021, which covered the period of 2021&#160;<a>(<span>49</span>)</a>. To the hourly wage in manufacturing, the Commission added social security contributions.</p></td></tr></tbody></table> 4.7.3. Electricity <table><col/><col/><tbody><tr><td><p>(101)</p></td><td><p>The average electricity prices for businesses per kWh in Mexico in&#160;2021 is published by GlobalPetrolPrices.com, i.e., the source identified in the review request. Based on this price, the Commission determined the average electricity price in the review investigation period (2021)&#160;<a>(<span>50</span>)</a>.</p></td></tr></tbody></table> 4.7.4. Natural gas <table><col/><col/><tbody><tr><td><p>(102)</p></td><td><p>The price of natural gas for companies (industrial users) in Mexico is published by the energy regulator &#8216;<span>Comisi&#243;n Reguladora de Energ&#237;a</span>&#8217; (CRE) on a monthly basis. The Commission used an average price for businesses reported by the CRE in the review investigation period&#160;<a>(<span>51</span>)</a>.</p></td></tr></tbody></table> 4.7.5. Manufacturing overhead costs, SG&A, profits <table><col/><col/><tbody><tr><td><p>(103)</p></td><td><p>According to Article&#160;2(6a) (a) of the basic Regulation, &#8216;<span>the constructed normal value shall</span> include<span>an undistorted and reasonable amount for administrative, selling and general costs and for profits</span>&#8217;. In addition, a value for manufacturing overhead costs needs to be established to cover costs not included in the factors of production referred to above.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(104)</p></td><td><p>To establish an undistorted and reasonable amount for SG&amp;A and profits, the Commission used financial data relating to the activities of Tamsa, available within the consolidated financial accounts of the mother company, Tenaris S.A.&#160;<a>(<span>52</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(105)</p></td><td><p>The manufacturing overheads incurred by the cooperating exporting producers were expressed as a share of the costs of manufacturing actually incurred by the exporting producers. This percentage was applied to the undistorted costs of manufacturing.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(106)</p></td><td><p>In their comments following final disclosure, the cooperating exporting producers questioned the method used by the Commission to calculate overheads for the same reasons as they questioned the method used to calculate consumables, see recital 96, arguing that the Commission instead of having used a ratio for overheads and applying this to the undistorted direct cost, should have established all the factors separately and have replaced theses with surrogate values.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(107)</p></td><td><p>With regard to this claim, the Commission noted that the overheads data separately for each factor was not readily available in the financial statements of the producer in the representative country. Therefore, the Commission considered that its methodology for calculating an undistorted value for overheads was appropriate, in that it preserved the cost structure of the relevant exporting producers. Moreover, no better information was available as the exporting producers did not suggest an alternative undistorted benchmark for overheads. Therefore, the claim regarding overheads was rejected.</p></td></tr></tbody></table> 4.7.6. Calculation of the normal value <table><col/><col/><tbody><tr><td><p>(108)</p></td><td><p>On the basis of the above, the Commission constructed the normal value per product type on an ex-works basis, in accordance with Article&#160;2(6a) (a) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(109)</p></td><td><p>First, the Commission established the undistorted manufacturing costs. The Commission applied the undistorted unit costs to the actual consumption of the individual factors of production of the cooperating exporting producers. The Commission reduced the costs of manufacturing by the undistorted costs of by-products re-used in the production process. These consumption ratios were verified during the verification. The Commission multiplied the consumption ratios by the undistorted costs per unit observed in the representative country (Mexico), as described in Table 1.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(110)</p></td><td><p>Once the undistorted manufacturing cost were established, the Commission added the manufacturing overheads, SG&amp;A and profit as noted in Section 4.7.5. Manufacturing overheads were determined based on the data of the exporting producers. SG&amp;A and profit were determined based on the financial statements of 2021 of Tenaris Group&#160;<a>(<span>53</span>)</a>, incorporating the Mexican subsidiary Tamsa. The Commission added the following items to the undistorted costs of manufacturing:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Manufacturing overheads, which accounted in total for 7,8&#160;% of the direct costs of manufacturing,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>SG&amp;A, which accounted for 26,16&#160;% of the Costs of Goods Sold (&#8216;COGS&#8217;) of the Tenaris Group incorporating the Mexican subsidiary Tamsa and,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Profits, which amounted to 15,34&#160;% of the COGS as achieved by the Tenaris Group.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(111)</p></td><td><p>On that basis, the Commission constructed the normal value per product type on an ex-works basis in accordance with Article&#160;2(6a) (a) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(112)</p></td><td><p>The exporting producers questioned the way SG&amp;A and profits were determined by the Commission by asking why SG&amp;A and profit were expressed as a percentage of COGS instead of turnover, whether direct selling expenses were included in SG&amp;A and why the Commission had used the SG&amp;A and profit of the Tenaris Group instead of the product concerned of the Mexican subsidiary Tamsa.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(113)</p></td><td><p>The Commission noted that it is its standard practice to express SG&amp;A and profit as a percentage of COGS to construct the normal value and to include direct selling expenses in the SG&amp;A. Article&#160;2(6a)(a) of the basic Regulation requires that the normal value is constructed on the basis of costs of production and that it includes an undistorted and reasonable amount for SG&amp;A costs and for profits. It follows that to construct the normal value based on costs, the SG&amp;A and profit which are to be added to these costs need to be expressed in function of these costs. The Commission used the SG&amp;A and profit of the Tenaris group as the SG&amp;A and profit of Tamsa was not available, and because the data of the Tenaris group was the best readily available alternative. Therefore, the Commission considered that its methodology for calculating SG&amp;A and profit was appropriate, not least as no better information was available and rejected the claim.</p></td></tr></tbody></table> 4.7.7. Export price <table><col/><col/><tbody><tr><td><p>(114)</p></td><td><p>The cooperating exporting producers exported to the Union either directly to independent customers or through a related trader located in the PRC.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(115)</p></td><td><p>The Commission determined the export price as the price actually paid or payable for the product under review when sold for export to the Union, in accordance with Article&#160;2(8) of the basic Regulation.</p></td></tr></tbody></table> 4.7.8. Comparison <table><col/><col/><tbody><tr><td><p>(116)</p></td><td><p>The Commission compared, per product type, the constructed normal value established in accordance with Article&#160;2(6a) (a) of the basic Regulation and the export price of the cooperating exporting producers on an ex-works basis as established above.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(117)</p></td><td><p>Where justified by the need to ensure a fair comparison, the Commission adjusted the normal value&#160;and/or the export price for differences affecting prices and price comparability, in accordance with Article&#160;2(10) of the basic Regulation. Adjustments were made for bank charges, commissions, credit costs, freight, handling, other discounts, packing and insurance.</p></td></tr></tbody></table> 4.7.9. Dumping margins <table><col/><col/><tbody><tr><td><p>(118)</p></td><td><p>For the cooperating exporting producers, the Commission compared the weighted average normal value of each type of the like product with the weighted average export price of the corresponding type of the product under review, in accordance with Article&#160;2(11) and&#160;(12) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(119)</p></td><td><p>On this basis, the weighted average dumping margins expressed as a percentage of the CIF Union frontier price, duty unpaid, was in the range of 10&#160;% to 44&#160;% for the cooperating exporting producers. It was therefore concluded that dumping continued during the review investigation period.</p></td></tr></tbody></table> 5. LIKELIHOOD OF CONTINUATION OF DUMPING <table><col/><col/><tbody><tr><td><p>(120)</p></td><td><p>Further to the finding of the existence of dumping during the review investigation period, the Commission investigated, in accordance with Article&#160;11(2) of the basic Regulation, the likelihood of continuation of dumping, should the measures be repealed. The following additional elements were analysed: the production capacity and spare capacity in the PRC and the attractiveness of the Union market.</p></td></tr></tbody></table> 5.1. Production capacity and spare capacity in the PRC <table><col/><col/><tbody><tr><td><p>(121)</p></td><td><p>According to the applicants, the PRC is the biggest producer of the product under review in the world with 23 producers, with a total of 33 production lines.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(122)</p></td><td><p>In the review investigation period, according to the applicants&#8217; estimates, the total production in the PRC of the product under review represented around 2,3 million tonnes. According to the same source, the total estimated production capacity was 5 million tonnes. Hence the spare capacity to produce the product under review in the PRC during the review investigation period represented around 2,7 million tonnes. Since the Union consumption in the review investigation period was estimated at around 100 thousand tonnes (see Table 2), the spare capacity of the Chinese exporting producers exceeded the consumption of the product under review in the Union market around 27 times. In comparison, the applicants estimated that during the same period, the production capacities of the 12 existing companies in the rest of the world were around 2,9 million tonnes&#160;<a>(<span>54</span>)</a>. Due to the non-cooperation by the Government of China and the low cooperation of Chinese exporting producers, the Commission did not receive further information in respect of the production in the PRC and imports into the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(123)</p></td><td><p>However, in light of the (high) production levels and spare capacity in the PRC in comparison to the Union, the Commission considered it likely that Chinese exporting producers would redirect their spare capacities increasingly towards the Union market in large quantities at dumped prices should the measures lapse.</p></td></tr></tbody></table> 5.2. Attractiveness of the Union market and the prices on the Union market. <table><col/><col/><tbody><tr><td><p>(124)</p></td><td><p>During the review investigation period, the Chinese exporting producers continued to export the product under review to the Union. The exports of the cooperating Chinese exporting producers amounted in the review investigation period to 2,9 thousand tonnes which represented between [2,5-3,5&#160;%] of the market share in the Union market. As detailed in recital 43, since the imports into the EU only relate to the cooperating exporting producers&#8217; data, while overall production in the PRC in the review investigation period was considerably higher, the total Chinese exporting producers&#8217; market share of the product under review in the Union was likely higher. Therefore, the Union market remains an attractive export market for the Chinese exporting producers, despite the measures in force.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(125)</p></td><td><p>In the applicants&#8217; view, the attractiveness of the Union market lies as well in the relatively high average price level, customers&#8217; solvability and sound logistical infrastructure with well-equipped harbours, storage and distribution facilities, and a high level of industrial consumption. Furthermore, the Union is at present the largest steel market in the world in terms of volumes.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(126)</p></td><td><p>Furthermore, in the review investigation period, based on the comparison between the prices of the sampled Union producers and the cooperating Chinese exporting producers, the Chinese export prices undercut the Union prices, when the anti-dumping duty is excluded (see recital 152), demonstrating that the Union market is attractive in terms of prices.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(127)</p></td><td><p>The implementation of the US section 232 measures and in particular their import duties on the product concerned from the Chinese exporting producers further limit the possibilities for exporting producers to export the product concerned to other important destinations than the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(128)</p></td><td><p>Therefore, in terms of the size and the prices, the Union market remained an attractive market for the Chinese exporting producers.</p></td></tr></tbody></table> 5.3. Conclusion on likelihood of continuation of dumping <table><col/><col/><tbody><tr><td><p>(129)</p></td><td><p>The investigation showed that the Chinese exports continued to enter the Union market at dumped prices during the review investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(130)</p></td><td><p>The spare capacity in the PRC was significant in comparison with the Union consumption during the review investigation period. Moreover, the attractiveness of the Union market in terms of size and prices supported the likelihood that Chinese exports and spare capacity would be directed towards the Union market, should the measures lapse.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(131)</p></td><td><p>Consequently, the Commission concluded that there is a likelihood that the expiry of the anti-dumping measures would result in a significant increase of dumped imports of the product under review from China to the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(132)</p></td><td><p>In light of the above, the Commission concluded that the expiry of the anti-dumping measures would likely lead to a continuation of dumping.</p></td></tr></tbody></table> 6. INJURY 6.1. Definition of the Union industry and Union production <table><col/><col/><tbody><tr><td><p>(133)</p></td><td><p>The like product was manufactured by six producers that are located in different Member States, during the period considered. They constitute the &#8216;Union industry&#8217; within the meaning of Article&#160;4(1) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(134)</p></td><td><p>The total Union production during the review investigation period was established at around 196&#160;050 tonnes. The Commission established the figure on the basis of all the available information concerning the Union industry, such as European Steel Tube Association for the non-sampled EU producers and the questionnaire responses submitted by the sampled Union producers. As indicated in recital 20, three Union producers were selected in the sample, representing almost 76&#160;% and&#160;67&#160;% of the total production and sales volumes, respectively, of the known Union producers of the like product.</p></td></tr></tbody></table> 6.2. Union consumption <table><col/><col/><tbody><tr><td><p>(135)</p></td><td><p>The Commission established the Union consumption on the basis of Eurostat import statistics and sales volumes of the Union industry in the Union, as submitted by the applicant for the non-sampled EU producers and the questionnaire responses submitted by the sampled Union producers. The Commission used data ranges for free and captive market, as well as for market shares, in order to ensure that sensitive data is not revealed for one Union producer.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(136)</p></td><td><p>Union consumption developed as follows:</p><p><span>Table 2</span></p><p><span>Union consumption tonnes</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Total Union consumption</p></td><td><p>111&#160;875</p></td><td><p>108&#160;571</p></td><td><p>95&#160;285</p></td><td><p>102&#160;189</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>97</span></p></td><td><p><span>85</span></p></td><td><p><span>91</span></p></td></tr><tr><td><p>Captive market</p></td><td><p>[4&#160;500 &#8211;5&#160;500 ]</p></td><td><p>[9&#160;000 -10&#160;000 ]</p></td><td><p>[5&#160;500 -6&#160;500 ]</p></td><td><p>[6&#160;000 -7&#160;000 ]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>188</span></p></td><td><p><span>119</span></p></td><td><p><span>126</span></p></td></tr><tr><td><p>Free market</p></td><td><p>[100&#160;000 - 110&#160;000 ]</p></td><td><p>[90&#160;000 &#8211; 100&#160;000 ]</p></td><td><p>[80&#160;000 -90&#160;000 ]</p></td><td><p>[86&#160;000 -96&#160;000 ]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>93</span></p></td><td><p><span>84</span></p></td><td><p><span>90</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>Comext, cooperating exporting producers, ESTA and the sampled Union producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(137)</p></td><td><p>The Union consumption decreased by 3&#160;% in the period between 2018 and&#160;2019, decreased by more than 12&#160;% in the period between 2019 and&#160;2020 and then improved by more than 5&#160;% in the period between 2020 and the review investigation period. Overall, it decreased 9&#160;% from 2018 to the review investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(138)</p></td><td><p>The Union industry reported captive use of the product under review which represented less than 5&#160;% of the total Union consumption in&#160;2018. During the period considered, it increased by 26&#160;%.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(139)</p></td><td><p>Free market consumption decreased by 10&#160;% during the period considered. It decreased by 7&#160;% between 2018 and&#160;2019, by 9,6&#160;% between 2019 and&#160;2020 and then improved by 7&#160;% in the period 2020 and the review investigation period.</p></td></tr></tbody></table> 6.3. Imports into the Union from the country concerned 6.3.1. Volume and market share of the imports from the country concerned <table><col/><col/><tbody><tr><td><p>(140)</p></td><td><p>Based on the cooperating exporting producers data, the volume of imports and market share of imports of the product under review, developed as set out below. As the data came from only two exporting producers, it was provided in ranges for reasons of confidentiality.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(141)</p></td><td><p>Imports into the Union from the country concerned developed as follows:</p><p><span>Table 3</span></p><p><span>Import volume (tonnes) and market share</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Volume of imports from the country concerned (tonnes)</p></td><td><p>[1&#160;300 &#8211; 1&#160;400 ]</p></td><td><p>[1&#160;500 &#8211; 1&#160;600 ]</p></td><td><p>[1&#160;250 &#8211; 1&#160;350 ]</p></td><td><p>[2&#160;800 &#8211; 2&#160;900 ]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>111</span></p></td><td><p><span>95</span></p></td><td><p><span>204</span></p></td></tr><tr><td><p>Market share</p></td><td><p>[1 &#8211; 3 ] %</p></td><td><p>[1,2 &#8211; 3,2 ] %</p></td><td><p>[1,1 &#8211; 3,1 ] %</p></td><td><p>[2,5 &#8211; 3,5 ] %</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>120</span></p></td><td><p><span>113</span></p></td><td><p><span>227</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>cooperating exporting producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(142)</p></td><td><p>In the original investigation, the market share of imports from China in the Union was 26,8&#160;%. By contrast, the market share was [2,5 &#8211; 3,5] % during the review investigation period. Consequently, the market share of imports from China was drastically reduced as a result of the anti-dumping measures in force. However, in a context of decreasing consumption, Chinese imports increased over the period considered to the detriment of the Union industry. The volume of total imports from the PRC increased by 104&#160;% for the period considered and amounted to [2&#160;800 &#8211; 2&#160;900] tonnes during the review investigation period. Although the market share of Chinese imports increased, it remained relatively limited by [2,5 &#8211; 3,5] % in the same period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(143)</p></td><td><p>In particular, the market share of imports from the PRC has increased by 20&#160;% in the period between 2018 and&#160;2019, increased by 13&#160;% in the period between 2018 and&#160;2020 in spite of the decrease in Union consumption of free market by 16&#160;% and increased by 127&#160;% over the period considered. The increase in market share of the imports from the PRC in the period considered took place despite the existing anti-dumping measures and the COVID crisis.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(144)</p></td><td><p>As it is mentioned in recital 42, the volume of imports from the PRC into the Union of the product under review and the market share of the Chinese exporting producers, are based upon the verified data of the cooperating exporting producers and the information in the review request, for the period considered and the review investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(145)</p></td><td><p>Following final disclosure the cooperating exporting producers, Daye Special Steel Co. Ltd., Zhejiang Pacific Seamless Steel Tube Co. and Yangzhou Chengde Steel Pipe, Co. Ltd, argued that it is unclear why the import volumes used in the investigation were based on the data reported by the cooperating exporting producers rather than Comext database.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(146)</p></td><td><p>As mentioned in recital 42, the Commission considered that, in this case, the statistical information was not reliable and could not be used to determine the actual volume of imports from the PRC and therefore preferred to base its findings on the verified data of the cooperating exporting producers. Moreover, no evidence was submitted in the present investigation demonstrating that it is inappropriate to use the volume of exports declared by the cooperating exporting producers. On this basis, this claim was rejected.</p></td></tr></tbody></table> 6.3.2. Prices of the imports from the country concerned and price undercutting <table><col/><col/><tbody><tr><td><p>(147)</p></td><td><p>The Commission established the prices and the undercutting of the imports from the PRC into the Union on the basis of the data of the cooperating exporting producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(148)</p></td><td><p>As the data came from only two exporting producers, the average import price was provided in ranges for reasons of confidentiality.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(149)</p></td><td><p>The average price of imports into the Union from the country concerned developed as follows:</p><p><span>Table 4</span></p><p><span>Import prices&#160;(EUR/tonne)</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Average import price&#160;(EUR/tonne)</p></td><td><p>[1&#160;300 &#8211; 1&#160;400 ]</p></td><td><p>[1&#160;300 &#8211; 1&#160;400 ]</p></td><td><p>[1&#160;300 &#8211; 1&#160;400 ]</p></td><td><p>[1&#160;500 &#8211; 1&#160;600 ]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>99</span></p></td><td><p><span>96</span></p></td><td><p><span>113</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>cooperating exporting producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(150)</p></td><td><p>The average import price decreased by 1&#160;% between 2018 and&#160;2019, decreased by 4&#160;% between 2018 and&#160;2020 and increased by 13&#160;% between 2018 and the review investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(151)</p></td><td><p>The Commission determined the price undercutting during the review investigation period by comparing:</p><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>the weighted average sales prices per product type of the sampled Union producers charged to unrelated customers on the Union market, adjusted to an ex-works level; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>the corresponding weighted average prices per product type of the imports from the cooperating exporting producers to the first independent customer on the Union market, established on a cost, insurance, freight (CIF) basis, without the anti-dumping duty, with appropriate adjustments for customs duties and post-importation costs.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(152)</p></td><td><p>The price comparison was made on a type-by-type basis for transactions and after deduction of rebates and discounts. The result of the comparison was expressed as a percentage of the sampled Union producers&#8217; turnover during the review investigation period. It showed a weighted average undercutting margin of between 21,6&#160;% and&#160;27&#160;%, without anti-dumping duties, by the imports from the country concerned on the Union market. However, when the same comparison was carried out including the anti-dumping duties no undercutting was observed.</p></td></tr></tbody></table> 6.3.3. Imports from third countries other than the PRC <table><col/><col/><tbody><tr><td><p>(153)</p></td><td><p>The imports of the product under review from third countries other than the PRC were mainly from Thailand, Ukraine and the United Kingdom.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(154)</p></td><td><p>The aggregated volume of imports into the Union, as well as the market share and price trends for the product under review from other third countries, developed as follows:</p><p><span>Table 5</span></p><p><span>Imports from third countries</span></p><table><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Country</p></td><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Thailand</p></td><td><p>Volume (tonne)</p></td><td><p>1&#160;657</p></td><td><p>4&#160;406</p></td><td><p>4&#160;925</p></td><td><p>3&#160;579</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>266</span></p></td><td><p><span>297</span></p></td><td><p><span>216</span></p></td></tr><tr><td><p>&#160;</p></td><td><p>Market share</p></td><td><p>[1,1 &#8211; 2,1 ] %</p></td><td><p>[4 &#8211; 5 ] %</p></td><td><p>[5 &#8211; 6 ] %</p></td><td><p>[3,2 &#8211; 4,2 ] %</p></td></tr><tr><td><p>&#160;</p></td><td><p>Average price&#160;(EUR/tonne)</p></td><td><p>1&#160;059</p></td><td><p>1&#160;105</p></td><td><p>962</p></td><td><p>1&#160;071</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>104</span></p></td><td><p><span>91</span></p></td><td><p><span>101</span></p></td></tr><tr><td><p>Ukraine</p></td><td><p>Volume (tonne)</p></td><td><p>1&#160;275</p></td><td><p>779</p></td><td><p>1&#160;323</p></td><td><p>772</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>61</span></p></td><td><p><span>104</span></p></td><td><p><span>61</span></p></td></tr><tr><td><p>&#160;</p></td><td><p>Market share</p></td><td><p>[0,7 &#8211; 1,7 ] %</p></td><td><p>[0,5 &#8211; 1,5 ] %</p></td><td><p>[1 &#8211; 2 ] %</p></td><td><p>[0,5 &#8211; 1,5 ] %</p></td></tr><tr><td><p>&#160;</p></td><td><p>Average price&#160;(EUR/tonne)</p></td><td><p>990</p></td><td><p>800</p></td><td><p>672</p></td><td><p>667</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>81</span></p></td><td><p><span>68</span></p></td><td><p><span>67</span></p></td></tr><tr><td><p>United Kingdom</p></td><td><p>Volume (tonne)</p></td><td><p>332</p></td><td><p>542</p></td><td><p>525</p></td><td><p>658</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>163</span></p></td><td><p><span>158</span></p></td><td><p><span>198</span></p></td></tr><tr><td><p>&#160;</p></td><td><p>Market share</p></td><td><p>[0,1 &#8211; 0,5 ] %</p></td><td><p>[0,3 &#8211; 0,7 ] %</p></td><td><p>[0,4 &#8211; 0,8 ] %</p></td><td><p>[0,5 &#8211; 0,9 ] %</p></td></tr><tr><td><p>&#160;</p></td><td><p>Average price&#160;(EUR/tonne)</p></td><td><p>3&#160;100</p></td><td><p>2&#160;850</p></td><td><p>2&#160;050</p></td><td><p>2&#160;169</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>92</span></p></td><td><p><span>66</span></p></td><td><p><span>70</span></p></td></tr><tr><td><p>Other third countries</p></td><td><p>Volume (tonne)</p></td><td><p>4&#160;979</p></td><td><p>4&#160;390</p></td><td><p>2&#160;795</p></td><td><p>1&#160;502</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>88</span></p></td><td><p><span>56</span></p></td><td><p><span>30</span></p></td></tr><tr><td><p>&#160;</p></td><td><p>Market share</p></td><td><p>[4,2 &#8211; 5,2 ] %</p></td><td><p>[4 &#8211; 5 ] %</p></td><td><p>[2,5 &#8211; 3,5 ] %</p></td><td><p>[1 &#8211; 2 ] %</p></td></tr><tr><td><p>&#160;</p></td><td><p>Average price&#160;(EUR/tonne)</p></td><td><p>3&#160;469</p></td><td><p>1&#160;668</p></td><td><p>1&#160;832</p></td><td><p>3&#160;628</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>48</span></p></td><td><p><span>53</span></p></td><td><p><span>105</span></p></td></tr><tr><td><p>Total of all third countries except the country concerned</p></td><td><p>Volume (tonne)</p></td><td><p>8&#160;243</p></td><td><p>10&#160;117</p></td><td><p>9&#160;568</p></td><td><p>6&#160;511</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>123</span></p></td><td><p><span>116</span></p></td><td><p><span>79</span></p></td></tr><tr><td><p>&#160;</p></td><td><p>Market share</p></td><td><p>[7 &#8211; 8 ] %</p></td><td><p>[9,5 &#8211; 10,5 ] %</p></td><td><p>[10,5 &#8211; 11,5 ] %</p></td><td><p>[6,5 &#8211; 7,5 ] %</p></td></tr><tr><td><p>&#160;</p></td><td><p>Average price&#160;(EUR/tonne)</p></td><td><p>2&#160;586</p></td><td><p>1&#160;419</p></td><td><p>1&#160;236</p></td><td><p>1&#160;724</p></td></tr><tr><td><p>&#160;</p></td><td><p>Index</p></td><td><p>100</p></td><td><p>55</p></td><td><p>48</p></td><td><p>67</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>Comext.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(155)</p></td><td><p>During the period considered, the import volume from Thailand increased by 116&#160;%. The market share reached up to [5 &#8211; 6] % in&#160;2020 and decreased during the review investigation period to [3,2 &#8211; 4,2] %. The average import price remained rather stable over the period considered. For the same reasons explained in recital 140 the market share of all other countries were provided in ranges.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(156)</p></td><td><p>During the period considered, the import volume from Ukraine decreased by 39&#160;%. The market share reached up to [1 &#8211; 2] % in&#160;2020 and decreased during the review investigation period to [0,5 &#8211; 1,5] %. The average import price decreased by 33&#160;% over the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(157)</p></td><td><p>During the period considered, the import volume from United Kingdom increased by 98&#160;%. The market share increased during the review investigation period to [0,5 &#8211; 0,9] %. The average import price decreased by 30&#160;% over the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(158)</p></td><td><p>During the period considered, the import volume from other third countries decreased by 70&#160;%. The market share reached up to [4 &#8211; 5] % in&#160;2019 and decreased during the review investigation period to [1 &#8211; 2] %. Overall, the average import price increased by 5&#160;% over the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(159)</p></td><td><p>The import volume from all third countries other than the country concerned fell by 21&#160;% over the period considered. Also, the market share of the imports from all third countries other than the country concerned decreased to [6,5&#8211;7,5] %, during the review investigation period.</p></td></tr></tbody></table> 6.4. Economic situation of the Union industry 6.4.1. General remarks <table><col/><col/><tbody><tr><td><p>(160)</p></td><td><p>The assessment of the economic situation of the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(161)</p></td><td><p>As mentioned in recital 20, sampling was used for the assessment of the economic situation of the Union industry. For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators. The Commission evaluated the macroeconomic indicators on the basis of data contained in the information provided by the applicant, cross-checked with the verified questionnaire replies of the sampled Union producers and available official statistics. The data related to all Union producers. The Commission evaluated the microeconomic indicators on the basis of data contained in the questionnaire replies from the sampled Union producers and available official statistics. Both sets of data were found to be representative of the economic situation of the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(162)</p></td><td><p>The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, magnitude of the dumping margin, and recovery from past dumping.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(163)</p></td><td><p>The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital.</p></td></tr></tbody></table> 6.4.2. Macroeconomic indicators 6.4.2.1. Production, production capacity and capacity utilisation <table><col/><col/><tbody><tr><td><p>(164)</p></td><td><p>The total Union production, production capacity and capacity utilisation developed over the period considered as follows:</p><p><span>Table 6</span></p><p><span>Production, production capacity and capacity utilisation</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Production volume (tonne)</p></td><td><p>354&#160;212</p></td><td><p>294&#160;365</p></td><td><p>237&#160;208</p></td><td><p>196&#160;050</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>83</span></p></td><td><p><span>67</span></p></td><td><p><span>55</span></p></td></tr><tr><td><p>Production capacity (tonne)</p></td><td><p>462&#160;885</p></td><td><p>393&#160;154</p></td><td><p>378&#160;657</p></td><td><p>365&#160;740</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>85</span></p></td><td><p><span>82</span></p></td><td><p><span>79</span></p></td></tr><tr><td><p>Capacity utilisation</p></td><td><p>76,5 &#160;%</p></td><td><p>74,9 &#160;%</p></td><td><p>62,6 &#160;%</p></td><td><p>53,6 &#160;%</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>98</span></p></td><td><p><span>82</span></p></td><td><p><span>70</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>ESTA, verified questionnaire replies of the sampled Union producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(165)</p></td><td><p>The production volume reached record lows over the review investigation period. It decreased by 45&#160;% during the period considered. More specifically, it decreased by 17&#160;% between 2018 and&#160;2019, then decreased by more than 19&#160;% between 2019 and&#160;2020 and by more than 17&#160;% between 2020 and the review investigation period. This decrease was the result of the decrease in Union consumption as explained in section 6.2 above.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(166)</p></td><td><p>The production capacity followed similar trends, as it decreased overall by 21&#160;% over the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(167)</p></td><td><p>The Commission noted that the decrease in production capacity was partly due to two companies amongst the non-applicants which have stopped the production of the like product in&#160;2020, AMTP Roman in Romania, and Vallourec Deutschland in Germany. The latest closed down its production mill in Reisholz, Germany, in June 2020 and its production mill in Rath in the end of 2021.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(168)</p></td><td><p>The parallel decrease of the production volume and the production capacity during the period considered resulted in a decrease in the capacity utilisation by 30&#160;% for the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(169)</p></td><td><p>Although capacity utilisation is not the main driver in profitability, it has a direct impact on the results, by enhancing the weight of fixed costs. Capacity utilisation performed at very low level, generating a situation of high fragility for the industry.</p></td></tr></tbody></table> 6.4.2.2. Sales volume and market share <table><col/><col/><tbody><tr><td><p>(170)</p></td><td><p>The Union industry&#8217;s sales volume and market share developed over the period considered as follows:</p><p><span>Table 7</span></p><p><span>Sales volume and market share (tonnes)</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Total Sales volume on the Union market (free market and captive market)</p></td><td><p>102&#160;246</p></td><td><p>96&#160;910</p></td><td><p>84&#160;406</p></td><td><p>92&#160;851</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>95</span></p></td><td><p><span>83</span></p></td><td><p><span>91</span></p></td></tr><tr><td><p>Market share on total consumption</p></td><td><p>91,4 &#160;%</p></td><td><p>89,3 &#160;%</p></td><td><p>88,6 &#160;%</p></td><td><p>90,9 &#160;%</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>98</span></p></td><td><p><span>97</span></p></td><td><p><span>99</span></p></td></tr><tr><td><p>Captive market sales</p></td><td><p>[4&#160;500 &#8211;5&#160;500 ]</p></td><td><p>[9&#160;000 -10&#160;000 ]</p></td><td><p>[5&#160;500 -6&#160;500 ]</p></td><td><p>[6&#160;000 -7&#160;000 ]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>188</span></p></td><td><p><span>119</span></p></td><td><p><span>126</span></p></td></tr><tr><td><p>Market share of captive market sales</p></td><td><p>[3,6 &#160;%&#8211;5,6 &#160;%]</p></td><td><p>[7,9 &#160;%&#8211;9,9 &#160;%]</p></td><td><p>[6,0 &#160;%&#8211;7,0 &#160;%]</p></td><td><p>[6,0 &#160;%&#8211;7,0 &#160;%]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>193</span></p></td><td><p><span>140</span></p></td><td><p><span>138</span></p></td></tr><tr><td><p>Free market sales</p></td><td><p>[95&#160;000 &#8211; 99&#160;000 ]</p></td><td><p>[85&#160;000 &#8211; 89&#160;000 ]</p></td><td><p>[75&#160;000 &#8211; 79&#160;000 ]</p></td><td><p>[85&#160;000 &#8211; 89&#160;000 ]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>90</span></p></td><td><p><span>81</span></p></td><td><p><span>89</span></p></td></tr><tr><td><p>Market share of free market sales on total consumption</p></td><td><p>[83 &#160;% &#8211; 88 &#160;%]</p></td><td><p>[77 &#160;% &#8211; 82 &#160;%]</p></td><td><p>[79 &#160;% &#8211; 84 &#160;%]</p></td><td><p>[82 &#160;% &#8211; 87 &#160;%]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>93</span></p></td><td><p><span>95</span></p></td><td><p><span>97</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>ESTA, verified questionnaire replies of the sampled Union producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(171)</p></td><td><p>Total sales of the Union industry on the Union market (free market and captive market) decreased considerably, by 9&#160;%, over the period considered. In particular, sales decreased by 5&#160;% from 2018 through 2019 and then declined by more than 12&#160;% between 2019 to 2020 and it increased by more than 9&#160;% from 2020 to the review investigation period. During the review investigation period the market share on total consumption of the Union industry reached up to 90,9&#160;% and decreased 1&#160;% over the period considered.</p></td></tr></tbody></table> 6.4.2.3. Growth <table><col/><col/><tbody><tr><td><p>(172)</p></td><td><p>While the consumption fell by 9&#160;%, Union industry&#8217;s production volumes decreased by 45&#160;% and sales volume on the Union market (free market and captive market) fell by 9&#160;% during the period considered.</p></td></tr></tbody></table> 6.4.2.4. Employment and productivity <table><col/><col/><tbody><tr><td><p>(173)</p></td><td><p>Employment and productivity developed over the period considered as follows:</p><p><span>Table 8</span></p><p><span>Employment and productivity</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Number of employees</p></td><td><p>2&#160;114</p></td><td><p>1&#160;729</p></td><td><p>1&#160;568</p></td><td><p>1&#160;270</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>82</span></p></td><td><p><span>74</span></p></td><td><p><span>60</span></p></td></tr><tr><td><p>Productivity (tonne/employee)</p></td><td><p>168</p></td><td><p>170</p></td><td><p>151</p></td><td><p>154</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>102</span></p></td><td><p><span>90</span></p></td><td><p><span>92</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>ESTA, verified questionnaire replies of the sampled Union producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(174)</p></td><td><p>The level of the Union industry employment decreased over the period considered, by 40&#160;%, followed the same trend as of the Union production volumes.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(175)</p></td><td><p>The productivity of Union producers&#8217; workforce, measured as output (tonnes) per person employed per year decreased by 8&#160;% over the period concerned due to the drop in the demand market and the subsequent drop in production.</p></td></tr></tbody></table> 6.4.2.5. Magnitude of the dumping margin and recovery from past dumping <table><col/><col/><tbody><tr><td><p>(176)</p></td><td><p>All dumping margins established during the review investigation period were significantly above the de minimis level. At the same time, the level of imports from the PRC into the Union during the review investigation period was relatively limited, representing only [2,5 &#8211; 3,5] % of Union consumption. Therefore, the impact of the magnitude of the actual margins of dumping on the Union industry was rather limited.</p></td></tr></tbody></table> 6.4.3. Microeconomic indicators 6.4.3.1. Prices and factors affecting prices <table><col/><col/><tbody><tr><td><p>(177)</p></td><td><p>The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:</p><p><span>Table 9</span></p><p><span>Sales prices and cost of production in the Union&#160;(EUR/tonne)</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Average unit sales price in the Union on the total market</p></td><td><p>1&#160;328</p></td><td><p>1&#160;331</p></td><td><p>1&#160;249</p></td><td><p>1&#160;312</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>100</span></p></td><td><p><span>94</span></p></td><td><p><span>98</span></p></td></tr><tr><td><p>Average unit sales price on the captive market<a>&#160;(<span>55</span>)</a></p></td><td><p>[900 -1&#160;100 ]</p></td><td><p>[1&#160;100 -1&#160;300 ]</p></td><td><p>[1&#160;100 -1&#160;300 ]</p></td><td><p>[1&#160;100 -1&#160;300 ]</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>115</span></p></td><td><p><span>106</span></p></td><td><p><span>116</span></p></td></tr><tr><td><p>Average unit sales price on the free market</p></td><td><p>1&#160;353</p></td><td><p>1&#160;354</p></td><td><p>1&#160;265</p></td><td><p>1&#160;321</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>100</span></p></td><td><p><span>94</span></p></td><td><p><span>98</span></p></td></tr><tr><td><p>Unit cost of production</p></td><td><p>1&#160;227</p></td><td><p>1&#160;221</p></td><td><p>1&#160;217</p></td><td><p>1&#160;416</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>100</span></p></td><td><p><span>99</span></p></td><td><p><span>115</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>Verified questionnaire replies of the sampled Union producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(178)</p></td><td><p>Over the period considered, the Union industry price on the free market fell by more than 2&#160;% and the unit cost of production increased by 15&#160;%. After the imposition of anti-dumping measures against Chinese imports in November 2016, the Union producers could maintain their sales prices in the Union from 2018 to 2019. However, the unit sales price decreased by more than 6&#160;% between 2019 and&#160;2020. Subsequently, it improved by more than 4&#160;% between 2020 and&#160;2021.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(179)</p></td><td><p>The unit cost of production remained stable between 2018 and&#160;2019, slightly decreased by 1&#160;% between 2018 and&#160;2020 and increased by 15&#160;% over the period considered. It increased by more than 16&#160;% between 2020 and&#160;2021, reflecting the high increase in costs of energy and raw materials, in the same period.</p></td></tr></tbody></table> 6.4.3.2. Labour costs <table><col/><col/><tbody><tr><td><p>(180)</p></td><td><p>The average labour costs of the sampled Union producers developed over the period considered as follows:</p><p><span>Table 10</span></p><p><span>Average labour costs per employee</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Average labour costs per employee (EUR)</p></td><td><p>62&#160;122</p></td><td><p>64&#160;071</p></td><td><p>66&#160;134</p></td><td><p>65&#160;599</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>103</span></p></td><td><p><span>106</span></p></td><td><p><span>106</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>Verified questionnaire replies of the sampled Union producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(181)</p></td><td><p>The average labour costs per employee increased by 3&#160;% between 2018 and&#160;2019. It also increased by 6&#160;% between 2018 and&#160;2020. Overall, it increased 6&#160;% over the period considered.</p></td></tr></tbody></table> 6.4.3.3. Inventories <table><col/><col/><tbody><tr><td><p>(182)</p></td><td><p>Stock levels of the sampled Union producers developed over the period considered as follows:</p><p><span>Table 11</span></p><p><span>Inventories</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Closing stocks (tonnes)</p></td><td><p>22&#160;334</p></td><td><p>19&#160;256</p></td><td><p>14&#160;497</p></td><td><p>13&#160;692</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>86</span></p></td><td><p><span>65</span></p></td><td><p><span>61</span></p></td></tr><tr><td><p>Closing stocks as a percentage of production</p></td><td><p>8,8</p></td><td><p>8,7</p></td><td><p>8,1</p></td><td><p>8,9</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>99</span></p></td><td><p><span>93</span></p></td><td><p><span>102</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>Verified questionnaire replies of the sampled Union producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(183)</p></td><td><p>The level of the closing stocks of the sampled Union producers remained stable in relation to the production. During the period considered, the level of closing stocks decreased by 39&#160;%. The Union producers usually only keep a low level of stock themselves. Therefore, stocks are not considered to be an important injury indicator for this industry. This is also confirmed by analysing the evolution of the closing stocks as a percentage of production. In the investigation period, some producers produced less and reduced stocks, in an effort to cope with their difficult financial situation in&#160;2020 and&#160;2021 (see Table 6).</p></td></tr></tbody></table> 6.4.3.4. Profitability, cash flow, investments, return on investments and ability to raise capital <table><col/><col/><tbody><tr><td><p>(184)</p></td><td><p>Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:</p><p><span>Table 12</span></p><p><span>Profitability, cash flow, investments and return on investments</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2018</p></td><td><p>2019</p></td><td><p>2020</p></td><td><p>Review Investigation period</p></td></tr><tr><td><p>Profitability of sales in the Union to unrelated customers (% of sales turnover)</p></td><td><p>9,3</p></td><td><p>9,9</p></td><td><p>3,8</p></td><td><p>-7,2</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>106</span></p></td><td><p><span>41</span></p></td><td><p><span>-77</span></p></td></tr><tr><td><p>Cash flow (EUR)</p></td><td><p>54&#160;041&#160;814</p></td><td><p>65&#160;623&#160;240</p></td><td><p>56&#160;907&#160;181</p></td><td><p>6&#160;140&#160;456</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>121</span></p></td><td><p><span>105</span></p></td><td><p><span>11</span></p></td></tr><tr><td><p>Investments (EUR)</p></td><td><p>26&#160;907&#160;236</p></td><td><p>9&#160;977&#160;233</p></td><td><p>3&#160;253&#160;779</p></td><td><p>4&#160;952&#160;232</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>37</span></p></td><td><p><span>12</span></p></td><td><p><span>18</span></p></td></tr><tr><td><p>Return on investments</p></td><td><p>10,6 &#160;%</p></td><td><p>22,3 &#160;%</p></td><td><p>18,1 &#160;%</p></td><td><p>0,3 &#160;%</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>211</span></p></td><td><p><span>171</span></p></td><td><p><span>3</span></p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p><span>Source:</span></p></td><td><p>Verified questionnaire replies of the sampled Union producers.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(185)</p></td><td><p>The Commission established the profitability of the sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales. Overall, profitability fell from 9,3&#160;% in&#160;2018 to [-7,2] % during the review investigation period. It remained almost at the same levels between 2019 and&#160;2018, while it fell by 59&#160;% between 2018 and&#160;2020. The profitability of the sampled Union producers dropped by [-77] %, over the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(186)</p></td><td><p>Following disclosure, the cooperating exporting producers claimed that the Commission did not explain how the deterioration of profitability related to the increase in import prices from the country concerned.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(187)</p></td><td><p>As explained in recital 200, the Commission concluded that the material injury suffered by the Union industry was not caused by the imports from the PRC. On this basis, this claim was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(188)</p></td><td><p>The net cash flow is the ability of the Union producers to self-finance their activities. The net cash flow increased by 21&#160;% in the period between 2018 and&#160;2019 and remained stable between 2018 and&#160;2020. However, the net cash flow had an overall drop of 89&#160;% during the period considered, following the profitability in sales trend.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(189)</p></td><td><p>The return on investments is the profit in percentage of the net book value of investments which reflects the level of depreciation of assets. Overall, it dropped 97&#160;% during the period considered. In particular, it increased by 111&#160;% between 2018 and&#160;2019, mainly due to the level of profit reached in&#160;2019, increased by 71&#160;% between 2018 and&#160;2020 and decreased by 97&#160;% between 2018 and&#160;2021, as already mentioned, due to low level of profits in&#160;2021.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(190)</p></td><td><p>The Commission noted that despite low profit margins since 2020, the Union industry has maintained a fair level of productivity and never stopped optimizing its production process, logistics, sales and marketing, by continuing to invest.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(191)</p></td><td><p>The high level of investments that are to be carried out by the Union Industry shows its strong will to adapt, improve and stay on the market despite difficulties and economic hardship.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(192)</p></td><td><p>The poor financial performance of the Union industry over the period considered limited its ability to raise capital. The Union industry is capital intensive and requires substantial investments. The net cash flow during the period considered was too low to cover for such substantial investments.</p></td></tr></tbody></table> 6.5. Conclusion on injury <table><col/><col/><tbody><tr><td><p>(193)</p></td><td><p>The evolution of the micro and macro indicators during the period considered showed that the financial situation of the Union industry deteriorated. Overall, the trends of the main economic indicators worsened over the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(194)</p></td><td><p>The investigation indicated that all injury indicators showed a negative pattern during the period considered. In a context of demand decrease by 9&#160;%, both sales volume on the free market and production fell by 9&#160;% and&#160;45&#160;%, respectively. This led to a decrease in capacity of 21&#160;% and employment of 40&#160;%. Since the decrease in production was faster (45&#160;% over the period considered) than the decrease in capacity and employment, the capacity utilisation and the productivity also fell, by 30&#160;% and&#160;8&#160;%, respectively.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(195)</p></td><td><p>During the same period, the average unit price on the free market also decreased by more than 2&#160;%, while the unit cost of production increased by 15&#160;%. As a consequence, profitability fell by [-77] % over the period considered and the profit dropped from 9,3&#160;% in&#160;2018 to [-7,2] % during the review investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(196)</p></td><td><p>Accordingly, the injury indicators show that the Union industry was suffering material injury in the review investigation period, as it decreased its sales prices in spite of rising production costs, resulting in a collapse of its profitability, which negatively affected investments, return on investments and cash flow.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(197)</p></td><td><p>Consequently, the Commission concluded that the Union industry suffered from material injury within the meaning of Article&#160;3(5) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(198)</p></td><td><p>In accordance with Article&#160;3(6) of the basic Regulation, the Commission further examined whether the dumped imports from the country concerned caused material injury to the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(199)</p></td><td><p>The investigation revealed that the volumes of imports from China increased by 104&#160;%, from [1&#160;300 &#8211; 1&#160;400] tonnes to [2&#160;800 &#8211; 2&#160;900] tonnes, during the period considered. Their market share also more than doubled, from [1 &#8211; 3] % to [2,5 &#8211; 3,5] % but remained significantly below their market share of 26,8&#160;% observed during the investigation period of the original investigation. More importantly, the average sales price of the imports from the PRC [1&#160;500 &#8211; 1&#160;600] EUR/tonne was above the average Union industry&#8217;s sales price (1&#160;321 EUR/tonne) and its average cost of production (1&#160;416 EUR/tonne) during the review investigation period. In addition, at product-by-product type comparison, the Commission did not establish undercutting when the duties were included in the prices of the exporting producers. Consequently, despite the increase in volumes and market share, the imports from the PRC did not cause injury to the Union industry during the review investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(200)</p></td><td><p>On the basis of the above, the Commission concluded that the material injury suffered by the Union industry could not have been caused by the imports from China.</p></td></tr></tbody></table> 7. LIKELIHOOD OF RECURRENCE OF INJURY <table><col/><col/><tbody><tr><td><p>(201)</p></td><td><p>The Commission concluded in recital 200 that the Union industry suffered material injury during the review investigation period. Therefore, the Commission assessed, in accordance with Article&#160;11(2) of the basic Regulation, whether there would be a likelihood of recurrence of injury caused by the dumped imports from the PRC if the measures were allowed to lapse.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(202)</p></td><td><p>In this respect, the following elements were analysed by the Commission: the production capacity and spare capacity in PRC, the relationship between prices in the Union and the Chinese prices, the relationship between export prices to third countries and the price level in the Union, the attractiveness of the Union market and the impact of potential imports from the PRC on the Union industry&#8217;s situation should the measures lapse.</p></td></tr></tbody></table> 7.1. The production capacity, spare capacity in the PRC <table><col/><col/><tbody><tr><td><p>(203)</p></td><td><p>The production capacity in the PRC for the product concerned is estimated at 5 million tonnes yearly. The spare capacity available in China represented around 2,7 million tonnes yearly, which exceeds almost 27 times the consumption of the product concerned on the Union market, that amounted in the review investigation period to 102&#160;189 tonnes. Thus, there is an important excess of the supply over demand in the Chinese market. Consequently, this would represent further incentive for the Chinese producers to focus increasingly on export markets if new opportunities arise.</p></td></tr></tbody></table> 7.2. Attractiveness of the Union market <table><col/><col/><tbody><tr><td><p>(204)</p></td><td><p>As established in Section 4.2 above, the Union market is attractive in terms of its size and prices. The Union is at present the largest market of the product under review in the world in terms of volumes. It also has a sound logistical infrastructure with well-equipped harbours, storage and distribution facilities and high level of industrial consumption.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(205)</p></td><td><p>Furthermore, as indicated in recital 152, the Commission established, that absent the measures, imports from the PRC would significantly undercut the prices of the Union industry. In addition, the average import price of the Chinese exporting producers into the main third countries destinations (South Korea, India, Thailand etc.) of 1&#160;135 EUR/tonne&#160;<a>(<span>56</span>)</a> was lower than the average Union industry sales price of 1&#160;321 EUR/tonne on the free market, in the review investigation period. Consequently, should the measures be allowed to lapse, the exporting producers have strong incentives to increase their sales to the Union at lower prices than the ones charged by the Union industry during the review investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(206)</p></td><td><p>The Union market is hence considered very attractive for Chinese producers, and it can be concluded that available spare capacities in the PRC would, at least partially, be used to significantly increase exports to the Union market at dumped and injurious prices should the measures expire. The attractiveness of the Union market, as described above, would lead to a significant increase of dumped imports from the PRC. As the product concerned is a rather homogenous product in terms of quality, the price level is the most important factor when deciding whether to buy from the Union producers or from Chinese exporting producers. The sudden decrease in Chinese exports in response to the anti-dumping measures indicates that customers can easily switch to the supplier with the most competitive price (i.e. from the Chinese exporting producers to the Union producers or vice-versa in case the measure lapse).</p></td></tr></tbody></table> 7.3. Impact of potential imports from China on the Union industry’s situation should the measures lapse. <table><col/><col/><tbody><tr><td><p>(207)</p></td><td><p>The sampled Union producers performed at negative profit margins of [&#8211;7,2&#160;%], during the review investigation period, thus, they cannot afford to further decrease their sales&#8217; price, or to lose market share (if they don&#8217;t lower the price) as a consequence of new imports, because that would further increase their losses.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(208)</p></td><td><p>Given the likelihood that the exporting producers would come at lower prices and higher volumes, the Union industry will be forced to either reduce its sales prices at the expense of their profitability or to keep the sales prices level and most likely lose sales volume and market share to the Chinese exporters. A combination of these scenarios seems even more realistic. Ultimately, this would lead to downward price pressure, greater losses and the imports from the PRC likely regaining their pre-measures market share of 26&#160;%. It is worth noting that two existing Union producers have totally stopped the production of the like product in&#160;2020: AMTP Roman in Romania, and Vallourec Deutschland in Germany.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(209)</p></td><td><p>In view of the above, the Commission concluded that the expiry of the measures would, in all likelihood, result in a significant increase of dumped imports from the PRC at prices undercutting the Union industry prices, and therefore further aggravating the injury suffered by the Union industry as the material injury originally caused by the dumped imports from the PRC would be likely to recur. Consequently, the viability of the Union industry would be at serious risk.</p></td></tr></tbody></table> 7.4. Comments following final disclosure <table><col/><col/><tbody><tr><td><p>(210)</p></td><td><p>Following disclosure, the cooperating exporting producers claimed that the Commission did not assess the impact of imports originating in Thailand in its recurrence of injury analysis in the light of the fact that Chinese imports did not cause injury to the Union industry during the &#8216;review period&#8217;. It further claimed that the low prices and volume of imports originating in Thailand may worsen the fragile situation of the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(211)</p></td><td><p>Considering that this investigation is limited to imports of the product concerned originating in the PRC, the Commission limited its recurrence of injury analysis to the elements mentioned in recital 202 that could affect the Union industry if measures on imports originating in the PRC were allowed to lapse. Imports from Thailand were not a factor in that assessment. On this basis, this claim was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(212)</p></td><td><p>The same exporting producers also claimed that the Commission failed to explain why the Union industry reported losses in the review investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(213)</p></td><td><p>As referred to in recital 195, the average unit price decreased by 2&#160;% over the period considered whereas the unit cost of production increased by 15&#160;%. Consequently, as the Union industry could not transfer the increase in costs due to long term agreements, it reported losses in the review investigation period. Furthermore, as referred to in recital 200, the Commission concluded that the imports from the PRC did not cause injury to the Union industry during the review investigation period. Consequently, the Commission focussed its analysis on the recurrence of injury based on the elements mentioned in recital 202. On this basis and as mentioned in recital 209, it concluded that material injury originally caused by the dumped imports from the PRC would be likely to recur should measures be allowed to lapse. On this basis, this claim was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(214)</p></td><td><p>The cooperating exporting producers also referred to two Appellate Body reports&#160;<a>(<span>57</span>)</a> and claimed that &#8216;a reasoned conclusion must be made by carefully considering evidence on record, and any projections into future or inferences drawn must also be processed on positive evidence&#8217;. In particular, they claimed that spare capacity was overestimated and that Chinese exporting producers were focusing on the domestic market and did not export their spare capacity to the Union. In addition, they claimed that the attractiveness of the Union market and the &#8216;Prices from China to other countries&#8217; should not be considered in a likelihood analysis and that the analysis should be based on a &#8216;counter-factual analysis of what would happen in future, primarily based on projected dumped imports, prices, and impact on the Union industry&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(215)</p></td><td><p>As far as capacity and spare capacity are concerned, the cooperating exporting producers did not provide any new evidence to support their claim. In the absence of new elements, the claim was rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(216)</p></td><td><p>As far as the elements to be taken into account for a likelihood analysis are concerned, the Commission considered that by analysing elements such as the attractiveness of the Union market and prices to third countries, it performed such &#8216;counter-factual analysis&#8217; in line with its standard practice using all available elements that allowed a forward-looking exercise into the likelihood of recurrence of injury. In the absence of elements that would overturn the Commission&#8217;s conclusions in this regard, this claim was rejected.</p></td></tr></tbody></table> 8. UNION INTEREST <table><col/><col/><tbody><tr><td><p>(217)</p></td><td><p>In accordance with Article&#160;21 of the basic Regulation, the Commission examined whether maintaining the existing anti-dumping measures would be against the interest of the Union as a whole. The determination of the Union interest was based on an appreciation of all the various interests involved, including those of the Union industry, unrelated importers and users.</p></td></tr></tbody></table> 8.1. Interest of the Union industry <table><col/><col/><tbody><tr><td><p>(218)</p></td><td><p>The Union industry is composed of 6 producers that are located in different Member States. Among them, Dalmine S.p.A, Tubos Reunidos Group SA and Valcovni Trub Chomutov AS are the applicants, whereas the others cooperated, Huta Batory Sp. Z o.o., Vallourec Deutschland GmbH, in Germany and France (non-applicants) and AMTP Roman.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(219)</p></td><td><p>The investigation showed that should the measures expire, this would likely have a significant negative effect on the Union industry. The Union industry&#8217;s situation would quickly deteriorate in terms of lower sales volumes and sales prices resulting in a strong decrease in profitability. On the other hand, the continuation of measures would allow the Union industry to further recover from past injury caused by dumped imports, and to exploit its potential on a Union market that is not affected by unfair trading practices from the PRC.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(220)</p></td><td><p>Based on the above it was concluded that maintaining the anti-dumping measures in force is in the interest of the Union industry.</p></td></tr></tbody></table> 8.2. Interest of unrelated importers, traders and users <table><col/><col/><tbody><tr><td><p>(221)</p></td><td><p>The Commission contacted all known unrelated importers, traders and users. None of the traders and users replied to the Commission&#8217;s questionnaire.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(222)</p></td><td><p>Similar to the initial investigation, no users came forward in this review. In addition, there are 79 known unrelated importers, of which only Siderpighi spa Con Socio Unico, known as unrelated importer, came forward. It replied that it is not in favour of the imposition of anti-dumping measures. It claimed that the Union needs Chinese imports because demand is beyond offer. The Commission observed that the turnover of the product under review represents less than 1&#160;% of the unrelated importer&#8217;s turnover. Thus, the continuation of the measures will not change the company&#8217;s overall performance outlook, in any case.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(223)</p></td><td><p>Furthermore, regarding the interests of both users and importers, in the initial investigation the Commission concluded that there were sufficient alternative sources of supply of the product under review. This conclusion remains valid given that around 10&#160;% of the market is still served by imports from all origins. In addition, the Union industry had a spare capacity of more than 46&#160;% during the review investigation period, which is far beyond the current Union consumption.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(224)</p></td><td><p>Consequently, the Commission concluded that the extension of the measures would not negatively impact the existing supply on the market or the economic situation of the importer in question or any of the users on the market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(225)</p></td><td><p>Consequently, the Commission concluded that the continuation of the measures would not be against the interests of users and importers.</p></td></tr></tbody></table> 8.3. Conclusion on Union interest <table><col/><col/><tbody><tr><td><p>(226)</p></td><td><p>On the basis of the above, the Commission concluded that there were no compelling reasons of Union interest against the maintenance of the existing measures on imports of the product under review originating in the PRC.</p></td></tr></tbody></table> 9. ANTI-DUMPING MEASURES <table><col/><col/><tbody><tr><td><p>(227)</p></td><td><p>On the basis of the conclusions reached by the Commission on continuation of dumping, recurrence of injury and Union interest, the anti-dumping measures on certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4&#160;mm from the PRC should be maintained.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(228)</p></td><td><p>To minimize the risks of circumvention due to the difference in duty rates, special measures are needed to ensure the application of the individual anti-dumping duties. The companies with individual anti-dumping duties must present a valid commercial invoice to the customs authorities of the Member States. The invoice must conform to the requirements set out in Article&#160;1(3) of this regulation. Imports not accompanied by that invoice should be subject to the anti-dumping duty applicable to &#8216;all other companies&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(229)</p></td><td><p>While presentation of this invoice is necessary for the customs authorities of the Member States to apply the individual rates of anti-dumping duty to imports, it is not the only element to be taken into account by the customs authorities. Indeed, even if presented with an invoice meeting all the requirements set out in Article&#160;1(3) of this regulation, the customs authorities of Member States must carry out their usual checks and may, like in all other cases, require additional documents (shipping documents, etc.) for the purpose of verifying the accuracy of the particulars contained in the declaration and ensure that the subsequent application of the lower rate of duty is justified, in compliance with customs law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(230)</p></td><td><p>Should the exports by one of the companies benefiting from lower individual duty rates increase significantly in volume after the imposition of the measures concerned, such an increase in volume could be considered as constituting in itself a change in the pattern of trade due to the imposition of measures within the meaning of Article&#160;13(1) of the basic Regulation. In such circumstances and provided the conditions are met, an anti-circumvention investigation may be initiated. This investigation may, inter alia, examine the need for the removal of individual duty rate(s) and the consequent imposition of a country-wide duty.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(231)</p></td><td><p>The individual company anti-dumping duty rates specified in this Regulation are exclusively applicable to imports of the product under review originating in the PRC and produced by the named legal entities. Imports of the product under review produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to &#8216;all other companies&#8217;. They should not be subject to any of the individual anti-dumping duty rates.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(232)</p></td><td><p>A company may request the application of these individual anti-dumping duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission&#160;<a>(<span>58</span>)</a>. The request must contain all the relevant information enabling to demonstrate that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a regulation about the change of name will be published in the<span>Official Journal of the European Union</span>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(233)</p></td><td><p>An exporter or producer that did not export the product concerned to the Union during the period that was used to set the level of the duty currently applicable to its exports may request the Commission to be made subject to the anti-dumping duty rate for cooperating exporting producers not included in the sample. The Commission should grant such request, provided that three conditions are met. The new exporting producer would have to demonstrate that: (i) it did not export the product concerned to the Union during the period that was used to set the level of the duty applicable to its exports; (ii) it is not related to a company that did so and thus is subject to the anti-dumping duties; and (iii) has exported the product concerned thereafter or has entered into an irrevocable contractual obligation to do so in substantial quantities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(234)</p></td><td><p>In view of Article&#160;109 of Regulation (EU, Euratom)&#160;2018/1046 of the European Parliament and of the Council&#160;<a>(<span>59</span>)</a> when an amount is to be reimbursed following a judgment of the Court of Justice of the European Union, the interest to be paid should be the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the<span>Official Journal of the European Union</span> on the first calendar day of each month.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(235)</p></td><td><p>The measures provided for in this regulation are in accordance with the opinion of the Committee established by Article&#160;15(1) Regulation (EU)&#160;2016/1036,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 1. A definitive anti-dumping duty is imposed on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross section, of an external diameter exceeding 406,4 mm, currently falling under CN codes 7304 19 90, ex 7304 29 90 (TARIC code 7304299090), 7304 39 88 and 7304 59 89 and originating in the People’s Republic of China. 2. The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows: <table><col/><col/><col/><tbody><tr><td><p>Company</p></td><td><p>Definitive anti-dumping duty rate (%)</p></td><td><p>TARIC additional code</p></td></tr><tr><td><p>Yangzhou Chengde Steel Pipe Co., Ltd</p></td><td><p>29,2</p></td><td><p>C171</p></td></tr><tr><td><p>CITIC Pacific Group:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Daye Special Steel Co., Ltd</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Zhejiang Pacific Seamless Steel Tube Co., Ltd</p></td></tr></tbody></table></td><td><p>51,8</p></td><td><p>899H</p></td></tr><tr><td><p>Yangzhou Lontrin Steel Tube Co., Ltd</p></td><td><p>39,9</p></td><td><p>C173</p></td></tr><tr><td><p>Hengyang Valin MPM Co., Ltd</p></td><td><p>48,2</p></td><td><p>C174</p></td></tr><tr><td><p>Other cooperating companies listed in the Annex</p></td><td><p>45,6</p></td><td><p>C998</p></td></tr><tr><td><p>All other companies</p></td><td><p>54,9</p></td><td><p>C999</p></td></tr></tbody></table> 3. The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product under review) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the PRC. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply. 4. Article 1(2) may be amended to add new exporting producers from the PRC to the list in the Annex and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>it did not export the goods described in Article&#160;1(1) originating in the PRC during the period between 1&#160;January 2015 to 31&#160;December 2015 (&#8216;original investigation period&#8217;);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>it is not related to an exporter or producer subject to the measures imposed by this Regulation; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>it has either actually exported the product under review originating in the PRC or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the original investigation period.</p></td></tr></tbody></table> 5. Unless otherwise specified, the provisions in force concerning customs duties shall apply. 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, 13 July 2023. For the Commission The President Ursula VON DER LEYEN ( 1 ) OJ L 176, 30.6.2016, p. 21 . ( 2 ) Commission Implementing Regulation (EU) 2017/804 of 11 may 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4 mm, originating in the People’s Republic of China, OJ L 121, 12.5.2017, p. 3 . ( 3 ) OJ C 193, 12.5.2022, p. 5 . ( 4 ) https://tron.trade.ec.europa.eu/investigations/case-view?caseId=2603 ( 5 ) Notice on the consequences of the COVID-19 outbreak on anti-dumping and anti-subsidy investigations (2020/C 86/06) ( OJ C 86, 16.3.2020, p. 6 ). ( 6 ) 1 January 2015 to 31 December 2015. ( 7 ) According to the applicant, the estimated production volume in the PRC in 2021 of the product under review was 2,3 million tonnes. The verified production volume of the cooperating Chinese exporting producers was almost 260 thousand tonnes. ( 8 ) Commission Implementing Regulation (EU) 2022/2068 of 26 October 2022 imposing a definitive anti-dumping duty on imports of certain cold-rolled flat steel products originating in the People’s Republic of China and the Russian Federation following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council ( OJ L 277, 27.10.2022, p. 149 ); Commission Implementing Regulation (EU) 2022/191 of 16 February 2022 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China ( OJ L 36, 17.2.2022, p. 1 ); Commission Implementing Regulation (EU) 2022/95 of 24 January 2022 imposing a definitive anti-dumping duty on imports of certain tube and pipe fittings, of iron or steel, originating in the People’s Republic of China, as extended to imports of certain tube and pipe fittings, of iron or steel consigned from Taiwan, Indonesia, Sri Lanka and the Philippines, whether declared as originating in these countries or not, following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council ( OJ L 16, 25.1.2022, p. 36 ); Commission Implementing Regulation (EU) 2021/2239 of 15 December 2021 imposing a definitive anti-dumping duty on imports of certain utility scale steel wind towers originating in the People’s Republic of China ( OJ L 450, 16.12.2021, p. 59 ); Commission Implementing Regulation (EU) 2021/635 of 16 April 2021 imposing a definitive anti-dumping duty on imports of certain welded pipes and tubes of iron or non-alloyed steel originating in Belarus, the People’s Republic of China and Russia following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council ( OJ L 132, 19.4.2021, p. 145 ). ( 9 ) See Implementing Regulation (EU) 2022/2068 recital 80; Implementing Regulation (EU) 2022/191 recital 208, Implementing Regulation (EU) 2022/95 recital 59, Implementing Regulation (EU) 2021/2239 recitals 67-74, Implementing Regulation (EU) 2021/635 recitals 149-150. ( 10 ) See Implementing Regulation (EU) 2022/2068 recital 64; Implementing Regulation (EU) 2022/191 recital 192, Implementing Regulation (EU) 2022/95 recital 46, Implementing Regulation (EU) 2021/2239 recitals 67-74, Implementing Regulation (EU) 2021/635 recitals 115-118 ( 11 ) See Implementing Regulation (EU) 2022/2068 recital 66; Implementing Regulation (EU) 2022/191 recitals 193-4, Implementing Regulation (EU) 2022/95 recital 47, Implementing Regulation (EU) 2021/2239 recitals 67-74, Implementing Regulation (EU) 2021/635 recitals 119-122. While the right to appoint and to remove key management personnel in SOEs by the relevant State authorities, as provided for in the Chinese legislation, can be considered to reflect the corresponding ownership rights, CCP cells in enterprises, state owned and private alike, represent another important channel through which the State can interfere with business decisions. According to the PRC’s company law, a CCP organisation is to be established in every company (with at least three CCP members as specified in the CCP Constitution) and the company shall provide the necessary conditions for the activities of the party organisation. In the past, this requirement appears not to have always been followed or strictly enforced. However, since at least 2016 the CCP has reinforced its claims to control business decisions in SOEs as a matter of political principle. The CCP is also reported to exercise pressure on private companies to put ‘patriotism’ first and to follow party discipline. In 2017, it was reported that party cells existed in 70 % of some 1,86 million privately owned companies, with growing pressure for the CCP organisations to have a final say over the business decisions within their respective companies. These rules are of general application throughout the Chinese economy, across all sectors, including to the producers of the product under review and the suppliers of their inputs. ( 12 ) See Implementing Regulation (EU) 2022/2068 recital 68; Implementing Regulation (EU) 2022/191 recitals 195-201, Implementing Regulation (EU) 2022/95 recitals 48-52, Implementing Regulation (EU) 2021/2239 recitals 67-74, Implementing Regulation (EU) 2021/635 recitals 123-129. ( 13 ) See Implementing Regulation (EU) 2022/2068 recital 74; Implementing Regulation (EU) 2022/191 recital 202, Implementing Regulation (EU) 2022/95 recital 53, Implementing Regulation (EU) 2021/2239 recitals 67-74, Implementing Regulation (EU) 2021/635 recitals 130-133. ( 14 ) See Implementing Regulation (EU) 2022/2068 recital 75; Implementing Regulation (EU) 2022/191 recital 203, Implementing Regulation (EU) 2022/95 recital 54, Implementing Regulation (EU) 2021/2239 recitals 67-74, Implementing Regulation (EU) 2021/635 recitals 134-135. ( 15 ) See Implementing Regulation (EU) 2022/2068 recital 76; Implementing Regulation (EU) 2022/191 recital 204, Implementing Regulation (EU) 2022/95 recital 55, Implementing Regulation (EU) 2021/2239 recitals 67-74, Implementing Regulation (EU) 2021/635 recitals 136-145. ( 16 ) Commission staff working document SWD (2017) 483 final/2, 20.12.2017, available at: https://ec.europa.eu/transparency/documents-register/detail?ref=SWD(2017)483&lang=en ( 17 ) Commission Implementing Regulation (EU) 2017/649 of 5 April 2017 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People’s Republic of China ( OJ L 92, 6.4.2017, p. 68 ); Commission Implementing Regulation (EU) 2017/969 of 8 June 2017 imposing definitive countervailing duties on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People’s Republic of China and amending Commission Implementing Regulation (EU) 2017/649 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People’s Republic of China ( OJ L 146, 9.6.2017, p. 17 ); Commission Implementing Regulation (EU) 2019/688 of 2 May 2019 imposing a definitive countervailing duty on imports of certain organic coated steel products originating in the People’s Republic of China following an expiry review pursuant to Article 18 of the Regulation (EU) 2016/1037 of the European Parliament and of the Council ( OJ L 116, 3.5.2019, p. 39 ). ( 18 ) OECD, State-owned Firms behind China’s Corporate Debt, Economics Department Working Papers no. 1536, February 2019. https://www.oecd-ilibrary.org/economics/state-owned-firms-behind-china-s-corporate-debt_7c66570e-en ( 19 ) Introduction to the Plan for Adjusting and Upgrading the Steel Industry. ( 20 ) Catalogue for Guiding Industry Restructuring (2011 Version) (2013 Amendment) issued by Order No 9 of the National Development and Reform Commission on 27 March 2011, and amended in accordance with the Decision of the National Development and Reform Commission on Amending the Relevant Clauses of the Catalogue for Guiding Industry Restructuring (2011 Version) issued by Order No 21 of the National Development and Reform Commission on 16 February 2013. ( 21 ) Marketplace, ‘Industrial Policy: If China does it, why can’t we?’, 1 March 2021. https://www.marketplace.org/2021/03/01/industrial-policy-if-china-does-it-why-cant-we/ ( 22 ) See: https://en.citicsteel.com ( 23 ) See CITIC Limited Annual Report 2021. 20220421630869.pdf (citic.com) ( 24 ) See CITIC Annual Report 2021, page 144. 20220421630869.pdf (citic.com) ( 25 ) See: https://www.miit.gov.cn/jgsj/ycls/gzdt/art/2020/art_8fc2875eb24744f591bfd946c126561f.html (accessed on 24 February 2023). ( 26 ) See Section IV, Subsection 3 of the 14 th FYP on Developing the Raw Materials Industry. ( 27 ) See Section II, Subsection 1 of the 14 th FYP on Developing Scrap Steel Industry. ( 28 ) See the Hebei Province’s Three Year Action Plan on Cluster Development in the Steel Industry Chain, Chapter I, Section 3; available at: https://huanbao.bjx.com.cn/news/20200717/1089773.shtml (accessed on 24 February 2023). ( 29 ) See the Henan Implementation Plan for the Transformation and Upgrade of the Steel Industry during the 14 th FYP, Chapter II, Section 3; available at: https://huanbao.bjx.com.cn/news/20211210/1192881.shtml (accessed on 23 February 2023). ( 30 ) Jiangsu Province’s Work Plan Steel Sector Transformation and Upgrade and Layout Optimisation 2019-2025; available at: http://www.jiangsu.gov.cn/art/2019/5/5/art_46144_8322422.html (accessed on 23 February 2023). ( 31 ) Shandong Province’s 14 FYP on the Steel Industry Development; available at: http://gxt.shandong.gov.cn/art/2021/11/18/art_15681_10296246.html (accessed on 23 February 2023). ( 32 ) Shanxi Province’s 2020 Steel Industry Transformation and Upgrade Action Plan; available at: http://gxt.shanxi.gov.cn/zfxxgk/zfxxgkml/cl/202110/t20211018_2708031.shtml (accessed on 23 February 2023). ( 33 ) Liaoning Dalian Municipality’s 14 FYP on Developing Manufacturing Industry: ‘ By 2025, the industrial output value of new materials will reach 15 million yuan, and the level of equipment and key materials guarantee ability is obviously improved .’; available at: https://www.dl.gov.cn/art/2021/12/20/art_854_1995411.html (accessed on 23 February 2023). ( 34 ) Zhejiang Province’s Action Plan to Foster a High Quality Development of the Steel Industry: ‘ Foster enterprise mergers and reorganisation, accelerate the concentration process, reduce the number of steel smelting enterprises to approximately 10 enterprises ’; available at: https://www.dl.gov.cn/art/2021/12/20/art_854_1995411.html (accessed on 23 February 2023). ( 35 ) Page 38 of the 2021 Annual Report of CITIC Pacific special steel; available at: file.finance.sina.com.cn/211.154.219.97:9494/MRGG/CNSESZ_STOCK/2022/2022-3/2022-03-11/7877748.PDF (accessed on 23 February 2023). ( 36 ) Ibid, p. 39. ( 37 ) Report, Part III, Chapter 14, p. 346 ff. ( 38 ) See People’s Republic of China 14 th Five-Year Plan for National Economic and Social Development and Long-Range Objectives for 2035, Part III, Article VIII, available at: https://cset.georgetown.edu/publication/china-14th-five-year-plan/ (accessed on 23 February 2023). ( 39 ) See in particular Sections I and II of the 14 th FYP on Developing the Raw Materials Industry. ( 40 ) See the 14 th FYP on Developing the Raw Materials Industry, p. 22. ( 41 ) See the Hebei Tangshan Municipality Iron and Steel 1+3 Action Plan 2022, Chapter 4, Section 2; available at: http://www.chinaisa.org.cn/gxportal/xfgl/portal/content.html?articleId=e2bb5519aa49b566863081d57aea9dfdd59e1a4f482bb7acd243e3ae7657c70b&columnId=3683d857cc4577e4cb75f76522b7b82cda039ef70be46ee37f9385ed3198f68a (accessed at 23 February 2023). ( 42 ) See Implementing Regulation (EU) 2021/635, recitals 134-135 and Implementing Regulation (EU) 2020/508, recitals 143-144. ( 43 ) World Bank Open Data – Upper Middle Income, https://data.worldbank.org/income-level/upper-middle-income ( 44 ) If there is no production of the product under review in any country with a similar level of development, production of a product in the same general category and/or sector of the product under review may be considered. ( 45 ) After disregarding Bulgaria, which is a member of the EU, the following ‘upper middle income’ countries could be considered for the process of identifying the possible representative country: Albania, American Samoa, Argentina, Armenia, Azerbaijan, Belarus, Belize, Bosnia and Herzegovina, Botswana, Brazil, Colombia, Costa Rica, Cuba, Dominica, Dominican Republic, Ecuador, Equatorial Guinea, Fiji, Gabon, Georgia, Grenada, Guatemala, Guyana, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Lebanon, Libya, Malaysia, Maldives, Marshall Islands, Mexico, Montenegro, Namibia, North Macedonia, Paraguay, Peru, Russian Federation, Samoa, Serbia, South Africa, St. Lucia, St. Vincent and the Grenadines, Suriname, Thailand, Tonga, Türkiye, Turkmenistan, Tuvalu and Venezuela. ( 46 ) Regulation (EU) 2015/755 of the European Parliament and of the Council of 29 April 2015 on common rules for imports from certain third countries ( OJ L 123, 19.5.2015, p. 33 ) as amended by Commission Delegated Regulation (EU) 2017/749 of 24 February 2017 ( OJ L 113, 29.4.2017, p. 11 ). ( 47 ) https://www.gtis.com/gta/ ( 48 ) Available at: https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.ilo.org%2Filostat-files%2FDocuments%2FExcel%2FIndicator%2FEAR_4MTH_SEX_ECO_CUR_NB_A_EN.xlsx&wdOrigin=BROWSELINK (last viewed on 11 February 2023). ( 49 ) https://www.oecd-ilibrary.org/sites/83a87978-en/1/3/2/24/index.html?itemId=/content/publication/83a87978-en&_csp_=3445743d6909dcc02824b5f0a2e07895&itemIGO=oecd&itemContentType=book (last viewed on 14 February 2023). ( 50 ) https://www.globalpetrolprices.com/Mexico/ , ( last viewed on 14 February 2023). ( 51 ) https://www.cre.gob.mx/IPGN/index.html, (last viewed on 14 February 2023). ( 52 ) https://ir.tenaris.com/static-files/ddffd7cb-994e-493a-b85a-2586f03046c6, (last viewed on 14 February 2023). ( 53 ) https://ir.tenaris.com/static-files/ddffd7cb-994e-493a-b85a-2586f03046c6, (last viewed on 14 February 2023). ( 54 ) Excluding the Union market. ( 55 ) The average price on the captive market was presented in ranges for reasons of confidentiality. ( 56 ) Based on GTA. The statistics concerned imports from China into the third countries concerned. Also the HS codes containing products with a diameter inferior or equal to 406 mm were removed in order to reflect the definition of the product under review. ( 57 ) Appellate Body Report, US – Corrosion Resistant Steel Sunset Review , para. 111 and Appellate Body Report, US – Oil Country Tubular Goods Sunset Reviews , para. 7.166. ( 58 ) European Commission, Directorate-General for Trade, Directorate G, Rue de la Loi 170, 1040 Brussels, Belgium. ( 59 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 ( OJ L 193, 30.7.2018, p. 1 ). ANNEX The People’s Republic of China cooperating exporting producers not sampled: <table><col/><col/><tbody><tr><td><p>Company</p></td><td><p>TARIC additional code</p></td></tr><tr><td><p>Tianjin Pipe Manufacturing Co., Ltd</p></td><td><p>C998</p></td></tr><tr><td><p>Shandong Luxing Steel Pipe Co., Ltd</p></td><td><p>C998</p></td></tr><tr><td><p>Inner Mongolia Baotou Steel Union Co., Ltd</p></td><td><p>C998</p></td></tr><tr><td><p>Wuxi SP. Steel Tube Manufacturing Co., Ltd</p></td><td><p>C998</p></td></tr><tr><td><p>Zhangjiagang Tubes China Co., Ltd</p></td><td><p>C998</p></td></tr><tr><td><p>TianJin TianGang Special Petroleum Pipe Manufacture Co., Ltd</p></td><td><p>C998</p></td></tr><tr><td><p>Shandong Zhongzheng Steel Pipe Manufacturing Co., Ltd</p></td><td><p>C998</p></td></tr></tbody></table>
ENG
32023R1450
<table><col/><col/><col/><tbody><tr><td><img/></td><td><p>Official Journal<br/>of the European Union</p></td><td><p>EN</p><p>Series L</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2023/2700</p></td><td><p>5.12.2023</p></td></tr></tbody></table> COUNCIL DECISION (CFSP) 2023/2700 of 4 December 2023 amending Decision (CFSP) 2020/1515 establishing a European Security and Defence College THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 28(1) and 42(4) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 19&#160;October 2020, the Council adopted Decision (CFSP)&#160;2020/1515&#160;<a>(<span>1</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The European Security and Defence College (ESDC) has significantly expanded its activities in recent years and hosts an increased number of national experts seconded to it by the Member States, following numerous requests for new training and education activities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The ESDC needs to strengthen its administrative support structure accordingly, including to ensure its further operationalisation in order to meet its objectives.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>A new financial reference amount for the period from 1&#160;January 2024 to 31&#160;December 2024 should be established.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Decision (CFSP)&#160;2020/1515 should therefore be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Article 16 of Decision (CFSP) 2020/1515 is replaced by the following: ‘Article 16 Contribution from the general budget of the European Union 1. The ESDC shall receive an annual or multi-annual contribution from the general budget of the European Union. That contribution may cover, in particular, the costs of: <table><col/><col/><tbody><tr><td><p>a)</p></td><td><p>supporting training and education activities;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b)</p></td><td><p>national experts seconded by the Member States to the ESDC;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c)</p></td><td><p>up to four contract staff members employed by the ESDC or seconded by the EEAS to the ESDC, at the request of the Head of the ESDC and subject to the approval of the Steering Committee of the ESDC; for the purpose of their secondment to the ESDC, the contract staff seconded by the EEAS shall be employed under the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No&#160;259/68.</p></td></tr></tbody></table> 2. The financial reference amount intended to cover the expenditure of the ESDC during the period from 1 January 2024 to 31 December 2024 shall be EUR 2 933 304,01. 3. The financial reference amount to cover the expenditure of the ESDC for subsequent periods shall be decided by the Council. 4. Following the decision by the Council referred to in paragraphs 2 and 3, a financing agreement shall be concluded between the ESDC and the Commission.’. Article 2 This Decision shall enter into force on the date of its adoption. Done at Brussels, 4 December 2023. For the Council The President O. PUENTE SANTIAGO ( 1 ) Council Decision (CFSP) 2020/1515 of 19 October 2020 establishing a European Security and Defence College, and repealing Decision (CFSP) 2016/2382 ( OJ L 348, 20.10.2020, p. 1 ). ELI: http://data.europa.eu/eli/dec/2023/2700/oj ISSN 1977-0677 (electronic edition)
ENG
32023D2700
<table><col/><col/><col/><col/><tbody><tr><td><p>14.8.2023&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 202/22</p></td></tr></tbody></table> COMMISSION IMPLEMENTING DECISION (EU) 2023/1633 of 10 August 2023 rejecting an application for protection of a geographical indication in accordance with Article 52(1) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (‘Лидское пиво/Lidskoe pivo/Лiдскае пiва/Lidskae piva’ (PGI)) (notified under document C(2023) 5372) (Only the English text is authentic) 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(1) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In accordance with Article&#160;50 of Regulation (EU) No&#160;1151/2012, the Commission has examined the application for registration of the names of &#8216;&#1051;&#1080;&#1076;&#1089;&#1082;&#1086;&#1077;&#160;&#1087;&#1080;&#1074;&#1086;/Lidskoe pivo/&#1051;i&#1076;&#1089;&#1082;&#1072;&#1077; &#1087;i&#1074;&#1072;/Lidskae piva&#8217; as protected geographical indication (PGI). The application refers to a beer produced in the city of Lida in Belarus and was submitted by the Joint-Stock Company &#8216;Lidskoe Pivo&#8217; from Belarus on 21&#160;July 2021 (PGI-BY-02789).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Following the scrutiny, the Commission sent a letter requesting clarification of some of the aspects of the file. In particular, taking into account that water for the production of the &#8216;&#1051;&#1080;&#1076;&#1089;&#1082;&#1086;&#1077;&#160;&#1087;&#1080;&#1074;&#1086;/Lidskoe pivo/&#1051;i&#1076;&#1089;&#1082;&#1072;&#1077; &#1087;i&#1074;&#1072;/Lidskae piva&#8217; has to come from particular springs located on land owned by the applicant, and production of the product is carried out according to a &#8216;separate unique technological instruction&#8217;, (as stated in the initial product specification), the owner and the only user of which is the applicant, the applicant was asked to explain if the participation of other producers is possible in accordance with the principles of Geographical Indications scheme in the EU.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Moreover, the Commission explained that a single natural or legal person may be treated as a group, when filing an application, where it is shown that both of the conditions of Article&#160;49(1), second subparagraph of the Regulation (EU) No&#160;1151/2012 are fulfilled: (a) the person concerned is the only producer willing to submit an application; and (b) with regard to protected geographical indications, the defined geographical area possesses characteristics which differ appreciably from those of neighbouring areas or the characteristics of the product are different from those produced in neighbouring areas. The applicant was asked to provide such justifications.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>In the reply the applicant provided an updated Single Document and product Specification, according to which the Joint-Stock Company &#8216;Lidskoe Pivo&#8217; is the only owner and operator of the wells that must be used for production of &#8216;&#1051;&#1080;&#1076;&#1089;&#1082;&#1086;&#1077;&#160;&#1087;&#1080;&#1074;&#1086;/Lidskoe pivo/&#1051;i&#1076;&#1089;&#1082;&#1072;&#1077; &#1087;i&#1074;&#1072;/Lidskae piva&#8217; and that the entire production process is carried out on the territory of city of Lida by the applicant and according to a &#8216;separate unique technological instruction&#8217;, the owner and sole user of which is the applicant.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>On the basis of the information provided, the Commission concluded that the application does not fulfil the requirements laid down in Regulation (EU) No&#160;1151/2012 and informed in the rejection letter that, if no observations have been received within two months of receipt of the letter, it intends to launch the procedure for the adoption of a formal Commission decision rejecting the application pursuant to Article&#160;52(1) of Regulation (EU) No&#160;1151/2012.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The Commission took into account that the system of GIs has been developed and designed in order to allow producers, of a certain area and whose product differentiates itself from any other product on the market due to the&#160;natural/social environment in which it has been produced, to protect their products.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The Commission considered that the participation of other producers is clearly not possible in case of &#8216;&#1051;&#1080;&#1076;&#1089;&#1082;&#1086;&#1077;&#160;&#1087;&#1080;&#1074;&#1086;/Lidskoe pivo/&#1051;i&#1076;&#1089;&#1082;&#1072;&#1077; &#1087;i&#1074;&#1072;/Lidskae piva&#8217; where the applicant is the only owner and operator of the wells that must be used for production of the product in question.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Moreover, the Commission took into account that the owner and sole user of the &#8216;separate unique technological instruction&#8217;, according to which the product is produced, is the applicant. Therefore, the product characteristics are not attributable to its geographical origin as required by Article&#160;5(2) of Regulation (EU) No&#160;1151/2012 but to special production method that is in the exclusive possession of the applicant.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>Further, Article&#160;49(1) of Regulation (EU) No&#160;1151/2012 provides that applications for the protection of GIs should be submitted by a group of producers, as a rule. Only where the additional conditions of Article&#160;49(1), second subparagraph are fulfilled, may a single producer apply for such protection. The Commission noted that the applicant did not provide any justification in this regard.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The applicant replied to the rejection letter sent by the Commission that the wells themselves do not determine the special composition of the water but that the water is unique due to the natural underground water sources located in the town of Lida. In the applicant&#8217;s view there are no obstacles for any other producer to drive a new well or acquire rights to any existing well.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>The applicant explained that the ties between the product and the geographical area are shown in the provided documentation and that using a special production technology does not contradict the requirements.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>The applicant informed that the Joint-Stock Company &#8216;Lidskoe Pivo&#8217; appears to be the only producer willing to submit the application and that the water provided by the natural sources in the town of Lida have unique characteristics that contribute largely to the product authenticity.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The applicant did not provide any comments regarding &#8216;separate unique technological instruction&#8217; but replaced the statement by reference to &#8216;water treatment&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>The Commission took into account the clarifications provided by the applicant and concludes that the application in question does not allow participation of other possible producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>According to the updated Single Document &#8216;the applicant is the owner and operator of two wells that are fed from the underground aquifer located in the town of Lida. The water for production of &#8220;&#1051;&#1080;&#1076;&#1089;&#1082;&#1086;&#1077;&#160;&#1087;&#1080;&#1074;&#1086;/Lidskoe pivo/&#1051;i&#1076;&#1089;&#1082;&#1072;&#1077; &#1087;i&#1074;&#1072;/Lidskae piva&#8221; is coming exclusively from this source&#8217;. Therefore, the operators willing to adhere to the rules of production of the beer in question would face obstacles that are not objectively justified since the wells are owned by the applicant and located on land it owns.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Moreover, according to the updated product Specification &#8216;packing and production of &#8220;&#1051;&#1080;&#1076;&#1089;&#1082;&#1086;&#1077;&#160;&#1087;&#1080;&#1074;&#1086;/Lidskoe pivo/&#1051;i&#1076;&#1089;&#1082;&#1072;&#1077; &#1087;i&#1074;&#1072;/Lidskae piva&#8221; is carried out by Joint-Stock Company &#8220;Lidskoe Pivo&#8221; itself&#8217; confirming that, contrary to the principles of Geographical Indications scheme in the EU, the participation of other producers is not possible.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>Furthermore, the production technics are described in a general way, without providing any details that would allow participation of other potential producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>Protected geographical indications confer, unlike individual trademarks, collective rights and contrary to trade marks owned by clearly identifiable holders, GIs are deemed to be owned by a collective abstract community, that comprises all producers, -current or potential-, abiding to the related specification. This means that any producer who respects the requirements of the product specification may use the protected designation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>In the light of the above the Commission considers that the application for registration &#8216;&#1051;&#1080;&#1076;&#1089;&#1082;&#1086;&#1077;&#160;&#1087;&#1080;&#1074;&#1086;/Lidskoe pivo/&#1051;i&#1076;&#1089;&#1082;&#1072;&#1077; &#1087;i&#1074;&#1072;/Lidskae piva&#8217; as PGI does not fulfil the requirements of the Regulation (EU) No&#160;1151/2012, namely Article&#160;5(2) and Article&#160;49(1) of the said Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>The application for protection of the names &#8216;&#1051;&#1080;&#1076;&#1089;&#1082;&#1086;&#1077;&#160;&#1087;&#1080;&#1074;&#1086;/Lidskoe pivo/&#1051;i&#1076;&#1089;&#1082;&#1072;&#1077; &#1087;i&#1074;&#1072;/Lidskae piva&#8217; should therefore be rejected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>The measures provided for in this Decision are in accordance with the opinion of the Agricultural Product Quality Policy Committee,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The application for registration of the name ‘Лидское пиво/Lidskoe pivo/Лiдскае пiва/Lidskae piva’ is rejected. Article 2 This Decision is addressed to the legal representative of the applicant: <table><col/><tbody><tr><td><p>EUROMARKPAT GERMANY</p></td></tr><tr><td><p>v.F&#252;ner Ebbinghaus Finck Hano</p></td></tr><tr><td><p>European Patent, Trademark and Design Attorneys</p></td></tr><tr><td><p>Mariahilfplatz 3</p></td></tr><tr><td><p>81541 M&#252;nchen</p></td></tr><tr><td><p>Germany</p></td></tr></tbody></table> Done at Brussels, 10 August 2023. For the Commission Janusz WOJCIECHOWSKI Member of the Commission <note> ( 1 ) OJ L 343, 14.12.2012, p. 1 . </note>
ENG
32023D1633
<table><col/><col/><col/><col/><tbody><tr><td><p>12.8.2016&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 219/1</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2016/1351 of 4 August 2016 concerning the Staff Regulations of the European Defence Agency, and repealing Decision 2004/676/EC THE COUNCIL OF THE EUROPEAN UNION, Having regard to Council Decision (CFSP) 2015/1835 of 12 October 2015 defining the statute, seat and operational rules of the European Defence Agency ( 1 ) , and in particular Article 11(3)(a) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Council, acting by unanimity, should lay down the Staff Regulations of personnel recruited directly by the European Defence Agency (hereinafter referred to as the &#8216;Agency&#8217;) under fixed-term contracts, selected among nationals of participating Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Staff Regulations should be such as to secure for the Agency the services of staff of the highest standard of ability and efficiency, recruited from among candidates from all participating Member States on the broadest possible geographical basis, and from the Union institutions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Since the rules established by this Decision should replace those laid down in Council Decision 2004/676/EC&#160;<a>(<span>2</span>)</a>, that Decision should be repealed,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: TITLE I GENERAL PROVISIONS Article 1 1. These Staff Regulations shall apply to staff engaged under contract by the European Defence Agency (hereinafter referred to as ‘staff member’). Such staff shall be: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>temporary staff,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>contract staff,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>special advisers.</p></td></tr></tbody></table> 2. For the purposes of these Staff Regulations, the authority authorised to conclude contracts (hereinafter referred to as ‘AACC’) shall be determined in accordance with the relevant provisions of Decision (CFSP) 2015/1835. 3. Any reference in these Staff Regulations to a person of the male sex shall be deemed also to constitute a reference to a person of the female sex, and vice-versa, unless the context clearly indicates otherwise. Article 2 A staff member whose contract is for more than one year shall be entitled to vote in elections and stand for election to the Staff Committee provided for in Article 138. A staff member whose contract is for less than one year shall also be entitled to vote if he has been employed for at least six months. TITLE II TEMPORARY STAFF CHAPTER 1 General provisions Article 3 For the purposes of these Staff Regulations, ‘temporary staff’ means staff engaged to fill temporarily a post within the maximum number of posts authorised in the budget of the Agency. For the purposes of these Staff Regulations, ‘special adviser’ means a person who, by reason of his special qualifications and notwithstanding gainful employment in some other capacity, is engaged to assist the Agency either regularly or for a specified period and who is paid from the total appropriations for the purpose under the relevant section of the budget. Article 4 With the exception of the Chief Executive and the Deputy Chief Executive of the Agency who are subject to the provisions of Article 10(1) of Decision (CFSP) 2015/1835, temporary staff shall not be engaged for more than four years, but their engagement may be limited to any shorter duration. Their contracts may only be renewed once for a maximum period of four years. The Steering Board shall adopt general provisions for giving effect to this Article. Article 5 Temporary staff shall not be engaged for any purpose other than that of filling, in accordance with these Staff Regulations, the vacant posts within the maximum number of temporary posts authorised in the budget of the Agency. Article 6 1. In the application of these Staff Regulations, any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, or sexual orientation shall be prohibited. For the purposes of these Staff Regulations, non-marital partnerships shall be treated as marriage provided that all the conditions listed in Article 1(2)(c) of Annex IV are fulfilled. 2. With a view to ensuring full equality in practice between men and women in working life, which shall be an essential element to be considered in the implementation of all aspects of these Staff Regulations, the principle of equal treatment shall not prevent the Agency from maintaining or adopting measures providing for specific advantages in order to make it easier for the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers. 3. The Agency shall determine, after consulting the Staff Committee, measures and actions to promote equal opportunities for men and women in the areas covered by these Staff Regulations, and shall adopt the appropriate provisions notably to redress such de facto inequalities as hamper opportunities for women in these areas. 4. For the purposes of paragraph 1, a person has a disability if he has a long-term physical, mental, intellectual or sensory impairment which, in interaction with various barriers, may hinder his full and effective participation in society on an equal basis with others. The impairment shall be determined according to the procedure set out in Article 38. A person with a disability meets the conditions laid down in Article 37(2)(d) if he can perform the essential functions of the job when reasonable accommodation is made. 'Reasonable accommodation', in relation to the essential functions of the job, shall mean appropriate measures, where needed, to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer. The principle of equal treatment shall not prevent the AACC from maintaining or adopting measures providing for specific advantages in order to make it easier for persons with disabilities to pursue a vocational activity or in order to prevent or compensate for disadvantages in their professional careers. 5. Where persons covered by these Staff Regulations, who consider themselves wronged because the principle of equal treatment as set out in this Article has not been applied to them, establish facts from which it may be presumed that there has been direct or indirect discrimination, the onus shall be on the Agency to prove that there has been no breach of the principle of equal treatment. This provision shall not apply in disciplinary proceedings. 6. While respecting the principle of non-discrimination and the principle of proportionality, any limitation of their application must be justified on objective and reasonable grounds and must be aimed at legitimate objectives in the general interest in the framework of staff policy. Such objectives may in particular justify stipulating a mandatory retirement age and a minimum age for drawing a retirement pension. Article 7 1. Members of temporary staff in active employment shall have access to measures of a social nature, including specific measures to reconcile working life with family life, adopted by the Agency and to services provided by the Staff Committee. Former members of temporary staff may have access to limited specific measures of a social nature. 2. Members of temporary staff in active employment shall be accorded working conditions complying with appropriate health and safety standards at least equivalent to the minimum requirements applicable under measures adopted in these areas pursuant to the Treaties. Article 8 1. The posts covered by these Staff Regulations shall be classified, according to the nature and importance of the duties to which they relate, in an administrators' function group (hereinafter ‘AD’), an assistants' function group (hereinafter ‘AST’) and a secretaries and clerks' function group (hereinafter ‘AST/SC’). 2. Function group AD shall comprise twelve grades, corresponding to administrative, advisory, linguistic and scientific duties. Function group AST shall comprise eleven grades, corresponding to executive, technical and clerical duties. Function group AST/SC shall comprise six grades, corresponding to clerical and secretarial duties. 3. Appointment shall require at least: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in function groups AST and AST/SC:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>a level of post-secondary education attested by a diploma;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>a level of secondary education attested by a diploma giving access to post-secondary education, and appropriate professional experience of at least three years; or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>where justified in the interests of the service, professional training or professional experience of an equivalent level;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in function group AD for grades&#160;5 and&#160;6:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>a level of education which corresponds to completed university studies of at least three years attested by a diploma; or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>where justified in the interests of the service, professional training of an equivalent level;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>in function group AD for grades&#160;7 to&#160;16:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>a level of education which corresponds to completed university studies attested by a diploma when the normal period of university education is four years or more;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>a level of education which corresponds to completed university studies attested by a diploma and appropriate professional experience of at least one year when the normal period of university education is at least three years; or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>where justified in the interests of the service, professional training of an equivalent level.</p></td></tr></tbody></table></td></tr></tbody></table> 4. A table showing types of posts is given in Annex VI. By reference to that table, the AACC may define the duties and powers attaching to each type of post after consulting the Staff Committee. Article 9 1. The AACC shall, acting solely in the interests of the service and without regard to nationality, assign each member of temporary staff by appointment or transfer to a post in his function group which corresponds to his grade. A member of temporary staff may apply for a transfer within the Agency. 2. A member of temporary staff may be called upon to occupy temporarily a post in a grade in his function group which is higher than his substantive grade. From the beginning of the fourth month of such temporary posting, he shall receive a differential allowance equal to the difference between the remuneration carried by his substantive grade and step, and the remuneration he would receive in respect of the step at which he would be classified if he were appointed to the grade of his temporary posting. The duration of a temporary posting shall not exceed one year, except where, directly or indirectly, the posting is to replace a member of temporary staff who is seconded to another post in the interests of the service, called up for military service or absent on protracted sick leave. Article 10 1. The grade and step at which temporary staff are engaged shall be stated in their contract. 2. Assignment of temporary staff to a post carrying a higher grade than that at which they were engaged shall be recorded in an agreement supplementary to their contract of service. CHAPTER 2 Rights and obligations Article 11 1. A member of temporary staff shall carry out his duties and conduct himself solely with the interests of the Agency in mind; he shall neither seek nor take instructions from any government, authority, organisation or person outside the Agency. He shall carry out the duties assigned to him objectively, impartially and in keeping with his duty of loyalty to the Agency. 2. A member of temporary staff shall not without the permission of the AACC accept from any government or from any other source outside the Agency any honour, decoration, favour, gift or payment of any kind whatsoever, except for services rendered either before his appointment or during special leave for military or other national service and in respect of such service. Before recruiting a member of temporary staff, the AACC shall examine whether the candidate has any personal interest such as to impair his independence or any other conflict of interest. To that end, the candidate shall inform the AACC, using a specific form, of any actual or potential conflict of interest. In such cases, the AACC shall take this into account in a duly reasoned opinion. If necessary, the AACC shall take the measures referred to in Article 12(2). This Article shall apply mutatis mutandis to members of temporary staff returning from leave on personal grounds. Article 12 1. A member of temporary staff shall not, in the performance of his duties and save as hereinafter provided, deal with a matter in which, directly or indirectly, he has any personal interest such as to impair his independence, and, in particular, family and financial interests. 2. Any member of temporary staff to whom it falls, in the performance of his duties, to deal with a matter referred to in paragraph 1 shall immediately inform the AACC. The AACC shall take any appropriate measure, and may in particular relieve the member of temporary staff from responsibility in this matter. 3. A member of temporary staff may neither keep nor acquire, directly or indirectly, in undertakings which are subject to the authority of the Agency or which have dealings with the Agency, any interest of such kind or magnitude as might impair his independence in the performance of his duties. Article 13 A member of temporary staff shall refrain from any action or behaviour which might reflect adversely upon his position. Article 14 1. Members of temporary staff shall refrain from any form of psychological or sexual harassment. 2. A member of temporary staff who has been the victim of psychological or sexual harassment shall not suffer any prejudicial effects on the part of the Agency. A member of temporary staff who has given evidence on psychological or sexual harassment shall not suffer any prejudicial effects on the part of the Agency, provided the member of temporary staff has acted honestly. 3. 'Psychological harassment' means any improper conduct that takes place over a period, is repetitive or systematic and involves physical behaviour, spoken or written language, gestures or other acts that are intentional and that may undermine the personality, dignity or physical or psychological integrity of any person. 4. 'Sexual harassment' means conduct relating to sex which is unwanted by the person to whom it is directed and which has the purpose or effect of offending that person or creating an intimidating, hostile, offensive or disturbing environment. Sexual harassment shall be treated as discrimination based on gender. Article 15 1. Subject to Article 17, a member of temporary staff wishing to engage in an outside activity, whether paid or unpaid, or to carry out any assignment outside the Agency, shall first obtain the permission of the AACC. Permission shall be refused only if the activity or assignment in question is such as to interfere with the performance of the member of temporary staff's duties or is incompatible with the interests of the Agency. 2. A member of temporary staff shall notify the AACC of any changes in a permitted outside activity or assignment, which occur after the member of temporary staff has sought the permission of the AACC under paragraph 1. Permission may be withdrawn if the activity or assignment no longer meets the conditions referred to in the last sentence of paragraph 1. Article 16 If the spouse of member of temporary staff is in gainful employment, the member of temporary staff shall inform the AACC. Should the nature of the employment prove to be incompatible with that of the member of temporary staff and if the member of temporary staff is unable to give an undertaking that it will cease within a specified period, the AACC shall, after consulting the Staff Committee, decide whether the member of temporary staff shall continue in his post or be transferred to another post. Article 17 1. A member of temporary staff who intends to stand for public office shall notify the AACC. The AACC shall decide, in the light of the interests of the service, whether the member of temporary staff concerned: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>should be required to apply for leave on personal grounds; or</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>should be granted annual leave; or</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>may be authorised to discharge his duties on a part-time basis; or</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>may continue to discharge his duties as before.</p></td></tr></tbody></table> 2. A member of temporary staff elected or appointed to public office shall immediately inform the AACC. The AACC shall, having regard to the interests of the service, the importance of the office, the duties it entails and the remuneration and reimbursement of expenses incurred in carrying out those duties, take one of the decisions referred to in paragraph 1. If the member of temporary staff is required to take leave on personal grounds or is authorised to discharge his duties on a part-time basis, the period of such leave or part-time working shall correspond to the member of temporary staff's term of office. Article 18 A member of temporary staff shall, after leaving the service, continue to be bound by the duty to behave with integrity and discretion as regards the acceptance of certain appointments or benefits. Members of temporary staff intending to engage in an occupational activity, whether gainful or not, within two years of leaving the service shall inform the Agency thereof using a specific form. If that activity is related to the work carried out by the member of temporary staff during the last three years of service and could lead to a conflict with the legitimate interests of the Agency, the AACC may, having regard to the interests of the service, either forbid him from undertaking it or give its approval subject to any conditions it thinks fit. The AACC shall, after consulting the Staff Committee, notify its decision within 30 working days of being so informed. If no such notification has been made by the end of that period, this shall be deemed to constitute implicit acceptance. In the case of former senior members of temporary staff, the AACC shall, in principle, prohibit them, during the twelve months after leaving the service, from engaging in lobbying or advocacy vis-à-vis staff of the Agency for their business, clients or employers on matters for which they were responsible during their last three years in the service. In compliance with Article 31 of Decision (CFSP) 2015/1835, the Agency shall annually publish information on the implementation of the preceding subparagraph, including a list of the cases assessed. Article 19 1. A member of temporary staff shall refrain from any unauthorised disclosure of information received in the line of duty, unless that information has already been made public or is accessible to the public. 2. A member of temporary staff shall continue to be bound by this obligation after leaving the service. Article 20 1. A member of temporary staff has the right to freedom of expression, with due respect to the principles of loyalty and impartiality. 2. Without prejudice to Articles 13 and 19, a member of temporary staff who intends to publish or cause to be published, whether alone or with others, any matter dealing with the work of the Agency shall inform the AACC in advance. Where the AACC is able to demonstrate that the matter is liable seriously to prejudice the legitimate interests of the Agency, the AACC shall inform the member of temporary staff of its decision in writing within 30 working days of receipt of the information. If no such decision is notified within the specified period, the AACC shall be deemed to have had no objections. Article 21 1. All rights in any writings or other work done by any member of temporary staff in the performance of his duties shall be the property of the Agency to whose activities such writings or work relate. The Agency shall have the right to acquire compulsorily the copyright in such works. 2. Any invention made by a member of temporary staff in the course of or in connection with the performance of his duties shall be the undisputed property of the Agency. The Agency may, at its own expense, apply for and obtain patents therefor in all countries. Any invention relating to the work of the Agency made by a member of temporary staff during the year following the expiration of his term of duty shall, unless proved otherwise, be deemed to have been made in the course of or in connection with the performance of his duties. Where inventions are the subject of patents, the name of the inventor or inventors shall be stated. 3. The Agency may in appropriate cases award a bonus, the amount of which shall be determined by the Agency, to a member of temporary staff who is the author of a patented invention. Article 22 1. A member of temporary staff shall not, without permission from the AACC, disclose on any grounds whatsoever, in any legal proceedings, information of which he has knowledge by reason of his duties. Permission shall be refused only where the interests of the Agency so require and such refusal would not entail criminal consequences as far as the member of temporary staff is concerned. A member of temporary staff shall continue to be bound by this obligation after leaving the service. 2. The provisions of paragraph 1 shall not apply to a member or a former member of temporary staff giving evidence before the Court of Justice of the European Union or before the Disciplinary Board of the Agency on a matter concerning a servant or former servant of the Agency and/or of the European Union. Article 23 A member of temporary staff shall reside either in the place where he is employed or at no greater distance therefrom as is compatible with the proper performance of his duties. The member of temporary staff shall notify the AACC of his address and inform it immediately of any changes of address. Article 24 A member of temporary staff, whatever his rank, shall assist and tender advice to his superiors; he shall be responsible for the performance of the duties assigned to him. A member of temporary staff in charge of any branch of the service shall be responsible to his superiors in respect of the authority conferred on him and for the carrying out of instructions given by him. The responsibility of his subordinates shall in no way release him from his own responsibility. Article 25 1. A member of temporary staff who receives orders which he considers to be irregular or likely to give rise to serious difficulties shall inform his immediate superior, who shall, if the information is given in writing, reply in writing. Subject to paragraph 2, if the immediate superior confirms the orders and the member of temporary staff believes that such confirmation does not constitute a reasonable response to the grounds of his concern, the member of temporary staff shall refer the question in writing to the hierarchical authority immediately above. If the latter confirms the orders in writing, the member of temporary staff shall carry them out unless they are manifestly illegal or constitute a breach of the relevant safety standards. 2. If the immediate superior considers that the orders must be executed promptly, the member of temporary staff shall carry them out unless they are manifestly illegal or constitute a breach of the relevant safety standards. At the request of the member of temporary staff, the immediate superior shall be obliged to give such orders in writing. 3. A member of temporary staff who informs his superiors of orders which he considered to be irregular or likely to give rise to serious difficulties shall not suffer any prejudice on account of this. Article 26 A member of temporary staff may be required to make good, in whole or in part, any damage suffered by the Agency as a result of serious misconduct on his part in the course of or in connection with the performance of his duties. A reasoned decision shall be given by the AACC authority in accordance with the procedure laid down in regard to disciplinary matters. The Court of Justice of the European Union shall have unlimited jurisdiction in disputes arising under this provision. Article 27 1. Any member of temporary staff who, in the course of or in connection with the performance of his duties, becomes aware of facts which give rise to a presumption of the existence of possible illegal activity, including fraud or corruption, detrimental to the interests of the Agency, or of conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of members of temporary staff of the Agency shall without delay inform his immediate superior, the Chief Executive of the Agency or, if he considers it useful, the Head of the Agency. Information referred to in the first subparagraph shall be given in writing. This paragraph shall also apply in the event of serious failure to comply with similar obligation on the part of any other person in the service of or carrying out work for the Agency. 2. A member of temporary staff shall not suffer any prejudicial effects on the part of the Agency as a result of having communicated the information referred to in paragraph 1, provided that he acted reasonably and honestly. 3. Paragraphs 1 and 2 shall not apply to documents, deeds, reports, notes or information in any form whatsoever held for the purposes of, or created or disclosed to the member of temporary staff in the course of, proceedings in legal cases, whether pending or closed. Article 28 1. A member of temporary staff who further discloses information as defined in Article 27 to the President of the Council of the European Union or of the European Parliament, or to the European Ombudsman, shall not suffer any prejudicial effects on the part of the Agency provided that both of the following conditions are met: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the member of temporary staff honestly and reasonably believes that the information disclosed, and any allegation contained in it, are substantially true; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the member of temporary staff has previously disclosed the same information to the Agency and has allowed the Agency the period of time set by it, given the complexity of the case, to take appropriate action. The member of temporary staff shall be duly informed of that period of time within&#160;60 days.</p></td></tr></tbody></table> 2. The period referred to in paragraph 1 shall not apply where the member of temporary staff can demonstrate that it is unreasonable having regard to all the circumstances of the case. 3. Paragraphs 1 and 2 shall not apply to documents, deeds, reports, notes or information in any form whatsoever held for the purposes of, or created or disclosed to the member of temporary staff in the course of, proceedings in legal cases, whether pending or closed. 4. In accordance with Articles 29 and 168, the Agency shall put in place a procedure for the handling of complaints by members of temporary staff concerning the way in which they were treated after or as a consequence of their fulfilment of their obligations under Article 27 or under this Article. The Agency shall ensure that such complaints are handled confidentially and, where warranted by the circumstances, before the expiry of the deadlines set out in Article 168. The AACC shall lay down internal rules, inter alia, on: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the provision to the members of temporary staff referred to in Article&#160;27(1) or in this Article&#160;of information on the handling of the matters reported by them,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the protection of the legitimate interests of those staff members and of their privacy, and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the procedure for the handling of complaints referred to in the first subparagraph of this paragraph.</p></td></tr></tbody></table> Article 29 The Agency shall assist any member of temporary staff, in particular in proceedings against any person perpetrating threats, insulting or defamatory acts or utterances, or any attack to person or property to which he or a member of his family is subjected by reason of his position or duties. It shall compensate the member of temporary staff for damage suffered in such cases, in so far as the member of temporary staff did not either intentionally or through grave negligence cause the damage and has been unable to obtain compensation from the person who did cause it. Article 30 The Agency shall facilitate such further training and instruction for member of temporary staffs as is compatible with the proper functioning of the service and is in accordance with its own interests. Such training and instruction shall be taken into account for purposes of promotion in their careers. Article 31 Members of temporary staff shall be entitled to exercise the right of association; they may in particular be members of trade unions or staff associations. Article 32 Members of temporary staff may submit requests concerning issues covered by these Staff Regulations to the AACC. Any decision relating to a specific individual which is taken under these Staff Regulations shall at once be communicated in writing to the member of temporary staff concerned. Any decision adversely affecting a member of temporary staff shall state the grounds on which it is based. Specific decisions regarding appointment, establishment, promotion, transfer, determination of administrative status and termination of service of a member of temporary staff shall be published in the Agency. The publication shall be accessible to all staff for an appropriate period of time. Article 33 The personal file of a member of temporary staff shall contain: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>all documents concerning his administrative status and all reports relating to his ability, efficiency and conduct;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>any comments by the member of temporary staff on such documents.</p></td></tr></tbody></table> Documents shall be registered, numbered and filed in serial order; the documents referred to in subparagraph (a) may not be used or cited by the Agency against a member of temporary staff unless they were communicated to him before they were filed. The communication of any document to a member of temporary staff shall be evidenced by his signing it or, failing that, shall be effected by registered letter to the last address communicated by the member of temporary staff. A member of temporary staff's personal file shall contain no reference to his political, trade union, philosophical or religious activities and views, or to his racial or ethnic origin or sexual orientation. The fourth paragraph shall not however prohibit the insertion in the file of administrative acts and documents known to the member of temporary staff which are necessary for the application of these Staff Regulations. There shall be only one personal file for each member of temporary staff. A member of temporary staff shall have the right, even after leaving the service, to acquaint himself with all the documents in his file and to take copies of them. The personal file shall be confidential and may be consulted only in the offices of the administration or on a secure electronic medium. It shall, however, be forwarded to the Appeal Board if an action concerning the member of temporary staff is brought. Article 34 Members of temporary staff shall have the right to acquaint themselves with their medical files, in accordance with arrangements to be laid down by the Agency. Article 35 Any decision requiring damage suffered by the Agency as a result of serious misconduct to be made good, as provided for in Article 26, shall be taken by the AACC after observing the formalities provided for in cases of dismissal for serious misconduct. Decisions relating to individual members of the temporary staff shall be published as provided for in Article 32. Article 36 The privileges and immunities enjoyed by members of the temporary staff are accorded solely in the interests of the Agency. Members of the temporary staff shall not be exempt from fulfilling their private obligations or from complying with the laws and police regulations in force. When privileges and immunities are in dispute, the member of the temporary staff concerned shall immediately inform the Agency. The laissez-passer provided for in the Protocol on the Privileges and Immunities of the European Union shall be issued to members of the temporary staff for whom it is required in the interests of the service. CHAPTER 3 Conditions of engagement Article 37 1. The engagement of temporary staff shall be directed to securing for the Agency the services of persons of the highest standard of ability, efficiency and integrity, recruited on the broadest possible geographical basis from among nationals of Member States participating in the Agency. Temporary staff shall be selected without distinction as to race, political, philosophical or religious beliefs, sex or sexual orientation and without reference to their marital status or family situation. No posts shall be reserved for nationals of any Member State. However, in the event of an observation of a significant imbalance between nationalities among temporary staff which is not justified by objective criteria, the principle of equality of Union citizens shall allow the Agency to adopt appropriate measures. Those appropriate measures shall be justified and shall never result in recruitment criteria other than those based on merit. Before such appropriate measures are adopted by the AACC, the Steering Board shall adopt general provisions for giving effect to this paragraph. 2. A member of the temporary staff may be engaged only on condition that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>he is a national of one of the participating Member&#160;States and enjoys his full rights as a citizen;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>he has fulfilled any obligations imposed on him by the laws concerning military service;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>he produces the appropriate character references as to his suitability for the performance of his duties;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>he is physically fit to perform his duties; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>he produces evidence of a thorough knowledge of one of the languages of the participating Member&#160;States and of a satisfactory knowledge of another language of the participating Member&#160;States to the extent necessary for the performance of his duties.</p></td></tr></tbody></table> 3. The AACC shall adopt specific provisions on the procedures for recruitment of temporary staff, as necessary, within the framework of Decision (CFSP) 2015/1835. Article 38 Before being engaged, a member of the temporary staff shall be medically examined by a medical officer authorised by the Agency in order that the Agency may be satisfied that he fulfils the requirements of Article 37(2)(d). Where a negative medical opinion is given as a result of the medical examination provided for in the first subparagraph, the candidate may, within 20 days of being notified of this opinion by the Agency, request that his case be submitted for the opinion of a medical committee composed of three doctors chosen by the AACC from among the Agency's medical officers. The medical officer responsible for the initial negative opinion shall be heard by the medical committee. The candidate may refer the opinion of a doctor of his choice to the medical committee. Where the opinion of the medical committee confirms the conclusions of the medical examination provided for in the first paragraph, the candidate shall pay 50 % of the fees and of the incidental costs. Article 39 1. A member of the temporary staff may be required to serve a probationary period not exceeding nine months. Where, during his probationary period, a member of the temporary staff is prevented, by sickness, maternity leave under Article 52, or accident, from performing his duties for at least one month, the AACC may extend his probationary period by the corresponding length of time. The total length of the probationary period shall in no circumstances exceed 15 months. 2. A report on a probationary member of temporary staff may be made at any time during the probationary period if his work is proving obviously inadequate. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within 8 working days. The report and the comments shall be transmitted immediately by the immediate superior of the member of the temporary staff to the AACC. On the basis of the report, the AACC may decide to dismiss that member of the temporary staff before the end of the probationary period, giving him one month's notice, or in exceptional circumstances, extend the probationary period for a maximum of six months and possibly assign that member of the temporary staff to another department for the remaining time of the probationary period. 3. Not less than one month before the expiry of the probationary period, a report shall be made on the ability of the member of the temporary staff to perform the duties pertaining to his post and also on his conduct and efficiency in the service. The report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within 8 working days. Should it recommend dismissal or, in exceptional circumstances, extension of the probationary period, the report and the comments shall be transmitted immediately by the immediate superior of the member of the temporary staff to the AACC. A member of the temporary staff whose work has not proved adequate to justify retention in his post shall be dismissed. The final decision shall be taken on the basis of the report referred to in this paragraph, as well as on the basis of elements available to the AACC relating to the conduct of the member of the temporary staff with regard to Chapter 2 of Title II. Article 40 1. A member of temporary staff shall be recruited at the first step in his grade. The AACC may allow additional seniority up to a maximum of 24 months to take account of his professional experience. General implementing provisions shall be adopted to give effect to this Article. 2. A member of temporary staff who has been at one step in his grade for two years shall automatically advance to the next step in that grade, unless his performance has been evaluated as unsatisfactory pursuant to the annual report referred to in Article 41. A member of temporary staff shall advance to the next step in his grade within four years at the latest. If a member of temporary staff is appointed head of unit, director or director-general, and provided that he has performed his new duties satisfactorily during the first nine months, he shall retroactively benefit from advancement by one step in his grade at the time the appointment comes into effect. This advancement shall lead to an increase in his basic monthly salary corresponding to the percentage between the first and the second step in each grade. 3. Where a member of the temporary staff is assigned to a post corresponding to a higher grade, as provided for in Article 10(2), he shall be placed in the initial step in that grade. However, members of the temporary staff in grades AD 9 to AD 13 carrying out the duties of head of unit who are appointed to a higher grade shall be placed in the second step of the new grade. The same arrangement shall apply to any member of the temporary staff who upon promotion is appointed director or above. Article 41 The ability, efficiency and conduct in the service of each member of temporary staff shall be the subject of an annual report. That report shall state whether the performance level of the staff member has been satisfactory. The AACC shall lay down provisions conferring the right to lodge an appeal within the reporting procedure, which shall be exercised before lodging a complaint as referred to in Article 168(2). The report shall be communicated to the member of temporary staff. He shall be entitled to make any comments thereon which he considers relevant. CHAPTER 4 Working conditions Section A Parental or family leave Article 42 A member of temporary staff shall be entitled to up to six months of parental leave without basic salary for every child, to be taken during the first twelve years after the birth or adoption of the child. The duration of the leave may be doubled for single parents recognised under general implementing provisions adopted by the AACC and for parents of dependent children with a disability or a severe illness recognised by the medical officer. The minimum leave taken at any one time shall not be less than one month. During parental leave, the member of temporary staff's membership of the social security scheme shall continue; the acquisition of pension rights, dependent child allowance and education allowance shall be maintained. The member of temporary staff shall retain his post, and continue to be entitled to advancement to a higher step or promotion in grade. The leave may be taken as full-time or half-time leave. Where parental leave is taken in the form of half-time leave, the maximum period provided for in the first paragraph shall be doubled. During parental leave, members of temporary staff shall be entitled to an allowance of EUR 919,02 per month, or 50 % of such sum if on half-time leave but may not engage in any other gainful employment. The full contribution to the social security scheme provided for in Articles 68 and 69 shall be borne by the Agency and calculated on the basis of the basic salary of the member of temporary staff. However, in the case of half-time leave this provision shall apply only to the difference between the full basic salary and the proportionally reduced basic salary. For the part of the basic salary actually received, the member of temporary staff's contribution shall be calculated by using the same percentages as if he were in full-time employment. The allowance shall be EUR 1 225,36 per month, or 50 % of such sum if the member of temporary staff is on half-time leave, for the single parents and parents of dependent children with a disability or a severe illness recognised by the medical officer as referred to in the first paragraph and during the first three months of parental leave where such leave is taken by the father during maternity leave or by either parent immediately after maternity leave or during or immediately after adoption leave. The parental leave may be extended for a further six months with an allowance limited to 50 % of the amount referred to in the second paragraph. For single parents as referred to in the first paragraph, the parental leave may be extended for a further twelve months with an allowance limited to 50 % of the amount referred to in the fourth paragraph. The amounts mentioned in this Article shall be updated in line with remuneration. Article 43 In the case of medically certified serious illness or disability of a member of temporary staff's spouse, relative in the ascending line, relative in the descending line, brother or sister, the member of temporary staff shall be entitled to a period of family leave without basic salary. The total period of such leave shall not exceed nine months over the member of temporary staff's entire career. The second paragraph of Article 42 shall apply. Section B Hours of work Article 44 1. Members of temporary staff in active employment shall at all times be at the disposal of Agency. 2. The normal working week shall range from 40 to 42 hours, the hours of the working day to be determined by the AACC. Within the same limits, the AACC may, after consulting the Staff Committee, determine the hours to be worked by certain groups of members of temporary staff engaged on particular duties. 3. A member of temporary staff may, moreover, be required because of the exigencies of the service or safety rules to remain on standby duty at his place of work or at home outside normal working hours. The AACC shall lay down detailed rules for the application of this paragraph after consulting the Staff Committee. 4. The AACC may introduce flexible working-time arrangements. Under those arrangements, entire working days shall not be granted for members of temporary staff in grade AD/AST 9 or higher. Those arrangements shall not be applicable to members of temporary staff to whom the provisions of Article 40(2) apply. Those members of temporary staff shall manage their working time in agreement with their superiors. Article 45 1. A member of temporary staff may request authorisation to work part-time. The AACC may grant such authorisation if this is compatible with the interests of the service. 2. The member of temporary staff shall be entitled to authorisation in the following cases: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>to care for a dependent child under&#160;9 years of age;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>to care for a dependent child aged between&#160;9 and&#160;12, if the reduction in working time is no more than&#160;20 % of normal working time;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>to care for a dependent child until he reaches the age of&#160;14 when the member of temporary staff is a single parent;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>in cases of serious hardship, to care for a dependent child until he reaches the age of&#160;14 if the reduction in working time is no more than&#160;5 % of normal working time. In that case, the first two paragraphs of Article&#160;3 of Annex&#160;I shall not apply. If both parents are employed in the service of the Union, only one shall be entitled to such reduction;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>to care for a seriously ill or disabled spouse, relative in the ascending line, relative in the descending line, brother or sister;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>to take part in further training; or</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>during the last three years before he reaches pensionable age, but not before the age of&#160;58.</p></td></tr></tbody></table> Where part-time work is requested in order to take part in further training, or during the last three years before reaching pensionable age, but not before the age of 58, the AACC may refuse authorisation or postpone its date of taking effect only in exceptional circumstances and for overriding service-related reasons. Where such entitlement to authorisation is exercised to care for a seriously ill or disabled spouse, relative in the ascending line, relative in the descending line, brother or sister, or to take part in further training, the total of all such periods shall not exceed five years over the member of temporary staff's career. 3. The AACC shall reply to the member of temporary staff's request within 60 days. 4. The rules governing part-time work and the procedure for granting authorisation are laid down in Annex I. Article 46 A member of temporary staff may request authorisation to work half-time in the form of job-sharing in a post identified by the AACC as appropriate for that purpose. The authorisation to work half-time by job-sharing shall not be limited in time. It may, however, be withdrawn by the AACC in the interests of the service giving the member of temporary staff six months' notice. Likewise, the AACC may, on application of the member of temporary staff concerned and giving at least six months' notice, withdraw the authorisation. In this case, the member of temporary staff may be transferred to a different post. Article 54 and, except for the third sentence of the second paragraph, Article 3 of Annex I shall apply. The AACC may lay down detailed rules for the application of this Article. Article 47 A member of temporary staff may not be required to work overtime except in cases of urgency or exceptional pressure of work; night work and all work on Sundays or public holidays may be authorised only in accordance with the procedure laid down by the AACC. The total overtime which a member of temporary staff may be asked to work shall not exceed 150 hours in any six months. Overtime worked by members of temporary staff in function group AD, and in function group AST 5 to 11 shall carry no right to compensation or remuneration. As provided for in Annex III, overtime worked by members of temporary staff in grade AST 1 to AST 4 shall entitle them either to compensatory leave or to remuneration where the requirements of the service do not allow compensatory leave during the month following that in which the overtime was worked. Article 48 A member of temporary staff who is expected to work regularly at night, on Saturdays, Sundays or public holidays shall be entitled to special allowances when doing shiftwork which is required by the Agency because of the exigencies of the service or safety rules and which is regarded by it as a regular and permanent feature. The AACC shall determine the categories of members of temporary staff entitled to such allowances, and the rates and conditions thereof. The normal working hours of a member of temporary staff on shiftwork must not exceed the annual total of normal working hours. Article 49 A member of temporary staff shall be entitled to special allowances when required in accordance with a decision taken by the AACC because of the exigencies of the service or safety rules to remain on standby duty at his place of work or at home outside normal working hours. The AACC shall determine the categories of members of temporary staff entitled to such allowances, the conditions for granting the allowances and also the rates thereof. Article 50 Special allowances may be granted to certain members of temporary staff to compensate for particularly arduous working conditions. The Agency shall determine the categories of beneficiaries, and the rates and conditions of such special allowances. Section C Leave Article 51 Members of temporary staff shall be entitled to annual leave of not less than 24 working days nor more than 30 working days per calendar year, in accordance with the same rules as those laid down by common accord of the Union institutions. Apart from this annual leave a member of temporary staff, may, exceptionally on application, be granted special leave. The rules relating to such leave are laid down in Annex II. Article 52 Pregnant women shall, in addition to the leave provided for in Article 51, be entitled on production of a medical certificate to twenty weeks of leave. The leave shall start not earlier than six weeks before the expected date of confinement shown in the certificate and end not earlier than 14 weeks after the date of confinement. In the case of multiple or premature birth or the birth of a handicapped child, the duration shall be of 24 weeks. Premature birth for the purposes of this provision is a birth taking place before the end of the 34th week of pregnancy. Article 53 1. A member of temporary staff who provides evidence of being unable to carry out his duties by reason of illness or accident shall be entitled to sick leave. The member of temporary staff concerned shall notify the Agency of his incapacity as soon as possible and at the same time state his current address. He shall produce a medical certificate if he is absent for more than three days. This certificate must be sent on the fifth day of absence at the latest, as evidenced by the date as postmarked. Failing this, and unless failure to send the certificate is due to reasons beyond his control, the member of temporary staff's absence shall be considered as unauthorised. The member of temporary staff may at any time be required to undergo a medical examination arranged by the Agency. If the examination cannot take place for reasons attributable to the member of temporary staff, his absence shall be considered as unauthorised as from the date that the examination is due to take place. If the finding made in the examination is that the member of temporary staff is able to carry out his duties, his absence shall, subject to the fifth subparagraph, be regarded as unjustified from the date of the examination. If the member of temporary staff considers the conclusions of the medical examination arranged by the AACC to be unjustified on medical grounds, he or a doctor acting on his behalf may within two days submit to the Agency a request that the matter be referred to an independent doctor for an opinion. The Agency shall immediately transmit the request to another doctor agreed upon by the member of temporary staff's doctor and the Agency's medical officer. Failing such agreement within five days of the request, the Agency shall select a person from a list of independent doctors to be established for this purpose each year by common consent of the AACC and the Staff Committee. The member of temporary staff may within two working days object to the Agency's choice, whereupon the Agency shall choose another person from the list, which choice shall be final. The independent doctor's opinion given after consultation of the member of temporary staff's doctor and the Agency's medical officer shall be binding. Where the independent doctor's opinion confirms the conclusion of the examination arranged by the Agency, the absence shall be treated as unjustified from the date of that examination. Where the independent doctor's opinion does not confirm the conclusion of that examination, the absence shall be treated for all purposes as having been justified. 2. If, over a period of 12 months, a member of temporary staff is absent for up to three days because of sickness for a total of more than 12 days, he shall produce a medical certificate for any further absence because of sickness. His absence shall be considered to be unjustified as from the thirteenth day of absence on account of sickness without a medical certificate. 3. Without prejudice to the application of the rules on disciplinary proceedings, where appropriate, any absence considered to be unjustified under paragraphs 1 and 2 shall be deducted from the annual leave of the member of temporary staff concerned. In the event that the member of temporary staff has no outstanding leave entitlement, he shall lose the benefit of his remuneration for the corresponding period. 4. The AACC may refer to the Invalidity Committee the case of any member of temporary staff whose sick leave totals more than 12 months in any period of three years. 5. A member of temporary staff may be required to take leave after examination by the Agency's medical officer if his state of health so requires or if a member of his household is suffering from a contagious disease. In cases of dispute, the procedure laid down in the fifth to seventh subparagraph of paragraph 1 shall apply. 6. Members of temporary staff shall undergo a medical check-up every year either by the Agency's medical officer or by a medical practitioner chosen by them. In the latter case, the practitioner's fees shall be payable by the Agency up to a maximum amount fixed for a period of no more than three years by the AACC. Article 54 The annual leave of a member of temporary staff who is authorised to work part-time shall, for as long as he is so authorised, be reduced proportionally. Article 55 Except in case of sickness or accident, a member of temporary staff may not be absent without prior permission from his immediate superior. Without prejudice to any disciplinary measures that may apply, any unauthorised absence which is duly established shall be deducted from the annual leave of the member of temporary staff concerned. If he has used up his annual leave, he shall forfeit his remuneration for an equivalent period. If a member of temporary staff wishes to spend sick leave elsewhere than at the place where he is employed he shall obtain prior permission from the AACC. Special leave and parental and family leave shall not extend beyond the term of the contract. The paid sick leave provided for in Article 53 shall not, however, exceed three months or the length of time worked by the member of the temporary staff, where the latter is longer. The leave shall not extend beyond the term of his contract. On expiry of these time limits, a member of the temporary staff whose contract is not terminated, notwithstanding that he is unable to resume his duties, shall be placed on unpaid leave. However, where a member of the temporary staff contracts an occupational disease or sustains an accident in the performance of his duties, he shall continue to receive his full remuneration throughout the period during which he is incapable of working until such time as he is awarded an invalidity allowance under Article 77. Section D Public holidays Article 56 A list of public holidays shall be drawn up by the Agency. Article 57 In exceptional circumstances a member of the temporary staff may at his own request be granted unpaid leave on compelling personal grounds. Article 15 shall continue to apply during the period of unpaid leave on personal grounds. The permission under Article 15 shall not be granted to a member of the temporary staff for the purpose of his engaging in an occupational activity, whether gainful or not, which involves lobbying or advocacy vis-à-vis the Agency and which could lead to the existence or possibility of a conflict with the legitimate interests of the Agency. The AACC shall determine the length of such leave, which shall not exceed one quarter of the length of time already worked by the member of temporary staff or: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>three months if the member of temporary staff's seniority is less than four years,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>twelve months in all other cases.</p></td></tr></tbody></table> Any period of leave granted in accordance with the third paragraph shall not count for the purposes of the first paragraph of Article 40(2). While a member of the temporary staff is on unpaid leave his membership of the social security scheme provided for in Article 68 shall be suspended. However, a member of the temporary staff who is not gainfully employed may, not later than one month following that in which unpaid leave begins, apply to continue to be covered against the risks referred to in Article 68, provided that he bears half the cost of the contributions provided for in that Article for the duration of his leave; the contribution shall be calculated by reference to his last basic salary. Moreover, a member of the temporary staff who proves that he cannot acquire pension rights under another pension scheme may apply to continue to acquire further pension rights throughout the period of unpaid leave, provided that he bears the cost of a contribution equal to three times the rate laid down in Article 90; the contributions shall be calculated by reference to the basic salary for his grade and step. Women whose maternity leave begins before the end of their contract shall be entitled to maternity leave and maternity pay. Article 58 A member of the temporary staff who is called up for military service, alternative services or reserve training or who is recalled to serve in the armed forces shall be assigned leave for national service; such leave may in no circumstances exceed the duration of the contract. A member of the temporary staff who is called up for military service or alternative service shall cease to receive his remuneration but shall retain his right under these Staff Regulations to advancement to a higher step. He shall also retain his right to severance grant if, after completing his military service or alternative service, he pays up his pension contributions retroactively. A member of the temporary staff who is called up for reserve training or who is recalled to service in the armed forces shall, during the period of training or recall, continue to receive his remuneration subject to deduction of an amount equal to his service pay. CHAPTER 5 Remuneration and expenses Article 59 The remuneration of temporary staff shall comprise basic salary, family allowances and other allowances. Article 60 1. The remuneration of members of the temporary staff shall be expressed in euro. The weightings, the deductions, the annual review and the adjustments shall be determined according to the rules set out in Articles 63, 64, 65, 65a and 66a of the Staff Regulations of Officials of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 ( 3 ) (hereinafter referred to as ‘the EU Staff Regulations’). The deductions set out in the EU Staff Regulations shall be for the benefit of the budget of the Agency except for the contributions on sickness, accident and unemployment insurance schemes. 2. The basic salaries shall be determined according to the rules set out in Article 66 of the EU Staff Regulations. 3. The family allowances shall comprise: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>household allowance;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>dependent child allowance;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>education allowance.</p></td></tr></tbody></table> 4. Members of temporary staff in receipt of family allowances specified in this Article shall declare allowances of like nature paid from other sources; such latter allowances shall be deducted from those paid under Articles 1, 2 and 3 of Annex IV. 5. The dependent child allowance may be doubled by special reasoned decision of the AACC based on medical documents establishing that the child concerned is suffering from a mental or physical handicap which involves the member of temporary staff in heavy expenditure. 6. Where, by virtue of Articles 1, 2 and 3 of Annex IV, such family allowances are paid to a person other than the member of temporary staff, these allowances shall be paid in the currency of the country in which that person is resident, calculated where applicable on the basis of the exchange rates referred to in the second paragraph of Article 63 of the EU Staff Regulations. They shall be subject to the weighting for the country in question if it is inside the Union or to a weighting equal to 100 if the country of residence is outside the Union. Paragraphs 4 and 5 shall apply where family allowances are paid to such a person. 7. The expatriation allowance shall be equal to 16 % of the total of the basic salary, household allowance and dependent child allowance to which the member of temporary staff is entitled. The expatriation allowance shall be not less than EUR 509,43 per month. 8. In the event of a member of temporary staff's death, the surviving spouse or dependent children shall receive the deceased's full remuneration until the end of the third month after the month in which the death occurred. In the event of the death of a person entitled to an invalidity allowance, the above provisions shall apply in respect of the deceased's allowance. Article 61 The payment of family allowances and expatriation allowance shall be determined according to Articles 1, 2, 3 and 4 of Annex IV. Article 62 Subject to Articles 63 to 66, a member of the temporary staff shall be entitled, in accordance with Articles 5 to 16 of Annex IV, to reimbursement of expenses incurred by him on taking up appointment, transfer or leaving the service, and also to reimbursement of expenses incurred in the course of or in connection with the performance of his duties. Article 63 A member of the temporary staff engaged for a period of not less than 12 months shall, as provided for in Article 9 of Annex IV be entitled to reimbursement of his removal expenses. Article 64 1. A member of the temporary staff engaged for a period of not less than one year shall receive an installation allowance as provided for in Article 5 of Annex IV amounting, for an expected period of service of: <table><col/><col/><col/><tbody><tr><td><p>not less than one year but less than two years,</p></td><td><p>to one third</p></td><td><p>of the rate laid down in Article&#160;5 of Annex IV</p></td></tr><tr><td><p>not less than two years but less than three years,</p></td><td><p>to two thirds</p></td></tr><tr><td><p>three years or more,</p></td><td><p>to three thirds</p></td></tr></tbody></table> 2. The resettlement allowance provided for in Article 6 of Annex IV shall be granted to temporary staff who have completed four years' service. A member of the temporary staff who has completed more than one year's but less than four years' service shall receive a resettlement allowance proportionate to his length of service, incomplete years being disregarded. 3. However, the installation allowance provided for in paragraph 1 and the resettlement allowance provided for in paragraph 2 shall not be less than: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>EUR&#160;1&#160;123,91 for a member of temporary staff who is entitled to the household allowance; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>EUR&#160;668,27 for a member of temporary staff who is not entitled to the household allowance.</p></td></tr></tbody></table> In cases where spouses who are both members of temporary staff of the Agency are both entitled to the installation allowance or resettlement allowance, this shall be payable only to the person whose basic salary is the higher. In cases where the husband or wife of a member of the temporary staff of the Agency is an official or other servant of the Union who is entitled to the installation or resettlement allowance and is in receipt of a higher basic salary, such an allowance shall not be payable to the member of the temporary staff. Article 65 The daily subsistence allowance shall be as set out in Article 10 of Annex IV. However, a member of the temporary staff who is engaged for a fixed period of less than 12 months and who furnishes evidence that it is impossible for him to continue to live in his place of residence shall be entitled to the daily subsistence allowance for the duration of his contract or for a maximum of one year. Article 66 Article 8 of Annex IV on annual payment of travel expenses from place of employment to place of origin shall apply only to temporary staff who have completed not less than nine months' service. Article 67 Payment of sums due shall be as set out in Articles 17 and 18 of Annex IV. CHAPTER 6 Social security benefits Section A Sickness and accident insurance, social security benefits Article 68 A member of temporary staff during the period of employment, during sick leave and during the periods of unpaid leave referred to in Articles 17 and 57 in accordance with the conditions laid down therein, or when in receipt of invalidity allowance, his spouse, where such spouse is not eligible for benefits of the same nature and of the same level by virtue of any other legal provision or regulations, his children and other dependants within the meaning of Article 2 of Annex IV, and recipients of a survivor's pension are insured against sickness subject to the same rules as those drawn up by common agreement between the Union institutions pursuant to Article 72 of the EU Staff Regulations. Article 69 A member of temporary staff, during the period of employment, during sick leave and during the periods of unpaid leave referred to in Articles 17 and 57 in accordance with conditions laid down herein is insured, from the date of his entering the service, against the risk of occupational disease and of accident subject to the same rules as those drawn up by common agreement of the Union institutions pursuant to Article 73 of the EU Staff Regulations. He shall contribute to the cost of insuring against non-occupational risks up to 0,1 % of his basic salary. Article 70 1. Contributions of the temporary staff and of the Agency to the sickness and accident insurance scheme shall be entirely paid to the sickness and accident insurance scheme set out in the EU Staff Regulations. 2. If, however, the medical examination provided for in Article 37 shows the member of temporary staff to be suffering from sickness or invalidity, the AACC may decide that expenses arising from such sickness or invalidity are to be excluded from the reimbursement of expenditure provided for in Article 68. If a member of the temporary staff proves that he cannot obtain cover under any other sickness insurance scheme provided for by law or regulation, he may, on application made at the latest within one month following the expiry of his contract, continue to benefit from the sickness cover provided for in Articles 68 and 69, for a period of not more than six months after the expiry of his contract. The contributions provided for in Article 68(2) shall be based on his last basic salary and half thereof shall be charged to him. 3. The AACC may, after obtaining the advice of a medical officer authorised by the Agency, decide that the one month time limit within which the application must be made and the six month limit provided for in the paragraph 2 shall not apply where the person concerned is suffering from a serious or protracted illness contracted during his employment, which he has reported to the Agency before the end of the six month period provided for in the paragraph 2, on condition that the person concerned undergoes a medical examination arranged by the Agency. Article 71 1. A former member of the temporary staff who is unemployed when his service with the Agency has been terminated: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>who is not in receipt of an invalidity allowance from the Agency,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>whose service is not terminated by resignation or by cancellation of the contract for disciplinary reasons,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>who has completed a minimum of six months' service,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>and who is resident in a Member&#160;State,</p></td></tr></tbody></table> shall be eligible for a monthly unemployment allowance under the conditions laid down in this Article. Where he is entitled to unemployment benefits under a national scheme, he shall be obliged to declare this to the Agency. In such cases, the amount of those benefits will be deducted from the allowance paid under paragraph 3. 2. To be eligible for the unemployment allowance, a former member of the temporary staff shall: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>be registered, at his own request, as seeking employment with the employment authorities of the Member&#160;State in which he establishes his residence;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>fulfil the obligations laid down by the law of that Member&#160;State for persons in receipt of unemployment benefits under that law;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>forward every month to the Agency a certificate issued by the competent national employment authority stating whether he has fulfilled the obligations and conditions referred to in points (a) and (b).</p></td></tr></tbody></table> The allowance may be granted or maintained by the Agency, even where the national obligations referred to under point (b) have not been fulfilled, in cases of illness, accident, maternity, invalidity or a situation recognised as being similar or where the national authority, competent to meet those obligations, has given a dispensation. The AACC shall lay down such provisions as it deems necessary for applying this Article. 3. The unemployment allowance shall be set by reference to the basic salary attained by the former member of the temporary staff at the time of the termination of his service. The allowance shall be set at: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>60 % of the basic salary for an initial period of&#160;12 months;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>45 % of the basic salary for the&#160;13th to the&#160;24th month.</p></td></tr></tbody></table> Other than during an initial six-month period, in which the lower limit specified in this subparagraph is applicable but the upper limit is not, the amounts thus calculated may neither be less than EUR 1 347,89 nor exceed EUR 2 695,79. These limits shall be adjusted according to the same rules as those set out in Article 66 of the EU Staff Regulations, in accordance with Article 65 of those Regulations. 4. The period during which the unemployment allowance is payable to a former member of the temporary staff may not be more than 24 months from the date of termination of service and shall in no case exceed the equivalent of one third of the actual length of service completed. However, if, during that period, the former member of the temporary staff ceases to fulfil the conditions laid down in paragraphs 1 and 2, payment of the unemployment allowance shall be suspended. Payment shall resume if, before the expiry of that period, the former member of the temporary staff again fulfils the said conditions and is not entitled to national unemployment benefit. 5. A former member of the temporary staff who is eligible for the unemployment allowance shall be entitled to the family allowances according to the same rules as those provided for in Article 67 of the EU Staff Regulations. The household allowance shall be calculated on the basis of the unemployment allowance under the conditions laid down in Article 1 of Annex IV. The person concerned shall be obliged to declare any allowances of the same kind paid from other sources to himself or to his spouse; such allowances shall be deducted from those to be paid on the basis of this Article. A former member of the temporary staff who is eligible for the unemployment allowance shall be entitled, as provided for in Article 68 to insurance cover against sickness without having to make any contribution. 6. The unemployment allowance and family allowances shall be paid from the Special Unemployment Fund in euro. No correction coefficient shall be applicable. 7. Members of the temporary staff shall contribute one third of the financing of the unemployment insurance scheme. That contribution shall be set at 0,81 % of the basic salary of the person concerned after deducting a standard allowance of EUR 1 225,36 and without taking account of the correction coefficients provided for in Article 64 of the EU Staff Regulations. The contribution shall be deducted each month from the salary of the person concerned and paid, together with the remaining two thirds to be borne by the Agency, into the Special Unemployment Fund set up in accordance with Article 28a of the Conditions of Employment of other Servants of the European Union, laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (hereinafter referred to as ‘CEOS of the EU’). 8. The unemployment allowances paid to a former member of the temporary staff who is unemployed shall be subject to the same rules as those provided for in Council Regulation (EEC, Euratom, ECSC) No 260/68 ( 4 ) . 9. The national departments with responsibility for employment and unemployment, acting in accordance with their national legislation, and the Agency shall cooperate with each other in an effective manner in order to ensure that this Article is properly applied. 10. The detailed arrangements for applying this Article shall be subject to the same rules as those laid down by mutual agreement between the Union institutions without prejudice to the provisions of the third subparagraph of paragraph 2. Article 72 1. On the birth of a child to a member of temporary staff, the person who has actual care of the child shall receive a grant of EUR 198,31. The same grant shall be paid to a member of temporary staff who adopts a child who is less than five years of age and is a dependant within the meaning of Article 2(2) of Annex IV. 2. The grant shall also be payable in the event of termination of pregnancy after not less than seven months. 3. The recipient of a grant on the birth of a child shall declare any grants of the same nature received from other sources for the same child; such grants shall be deducted from the grant provided for in paragraph 1. Where both parents are member of temporary staff of the Agency, the grant shall be paid once only. Article 73 In the event of the death of a member of temporary staff, a member of temporary staff's spouse or dependent child, or any other dependent person within the meaning of Article 2 of Annex IV who lived as part of the member of temporary staff's household, the Agency shall reimburse the costs involved in transporting the body from the member of temporary staff's place of employment to his place of origin. However, in the event of a member of temporary staff's death during a mission, the Agency shall bear the costs involved in transporting the body from the place where death occurs to the member of temporary staff's place of origin. Article 74 Gifts, loans or advances may be made to temporary staff during the term of their contract or after expiry of the contract where, as a result of serious protracted illness contracted or a disability, or of an accident sustained, during his employment, the member of temporary staff is incapable of working and proves that such illness or accident is not covered by another social security scheme. Section B Insurance against invalidity and death Article 75 Temporary staff members are insured in accordance with the following provisions against the risk of death and of invalidity occurring during their employment. The payments and benefits provided for in this Section shall be suspended if the remuneration which a member of the temporary staff receives in respect of his employment is suspended pursuant to these Staff Regulations. Article 76 Where the medical examination made before a member of the temporary staff is engaged shows that he is suffering from sickness or invalidity, the AACC may, in so far as risks arising from such sickness or invalidity are concerned, decide to admit him to guaranteed benefits in respect of invalidity or death only after a period of five years from the date of his entering the service of the Agency. The member of the temporary staff may appeal against that decision to the Invalidity Committee that shall be established by the Agency. Pursuant to an agreement between the Agency and the Council of the European Union, the Agency can make use of the Invalidity Committee of the Council. Article 77 1. A member of the temporary staff who is suffering from total invalidity and who, for that reason, is obliged to suspend employment with the Agency shall be entitled, for as long as the invalidity lasts, to an invalidity allowance, the amount of which shall be determined as follows. If a member of the temporary staff, recipient of an invalidity allowance, reaches the age of 66, the general rules on the severance grant shall be applied. The amount of the severance grant shall be based on the salary for the grade and step occupied by the member of temporary staff when he became an invalid. 2. The invalidity allowance shall be 70 % of the final basic salary of the member of the temporary staff. However, it shall not be less than the minimum subsistence figure, i.e. the basic salary of a member of temporary staff of the Union at the first step of Grade 1. The invalidity allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance. 3. Where the invalidity of the member of the temporary staff arises from an accident in the course of or in connection with the performance of his duties, from an occupational disease, from a public-spirited act or from risking life and limb to save another human being, the invalidity allowance shall not be less than 120 % of the minimum subsistence figure. In such cases the pension contributions shall be borne by the budget of the Agency. 4. In the case of invalidity deliberately brought about by the member of the temporary staff, the AACC may decide that he should receive only the grant provided for in Article 86. 5. Persons entitled to an invalidity allowance shall also be entitled to the family allowances determined in accordance with Article 60(3); in accordance with Annex IV, the household allowance shall be determined on the basis of the recipient's allowance. Article 78 1. Invalidity shall be established by the Invalidity Committee referred to in Article 76. 2. The Agency may require periodic examinations of the recipient of an invalidity allowance to establish that he still fulfils the conditions for payment of that allowance. If the Invalidity Committee finds that these conditions are no longer fulfilled, the member of the temporary staff shall resume service with the Agency, providing his contract has not expired. However, if it proves impossible to employ the person concerned in the service of the Agency, the contract may be terminated subject to payment of an amount corresponding to the remuneration that would have been paid during the period of notice and, where applicable, to the compensation for termination of contract provided for in Article 96. Article 86 shall also apply. Article 79 The persons entitled under a deceased member of the temporary staff, as determined according to the same rules as those laid down in Chapter 3 of Annex V, shall be entitled to the survivor's pension as provided for in Articles 80 to 83. Where a former member of temporary staff in receipt of an invalidity allowance dies, the persons entitled under the deceased member of temporary staff, as defined in Chapter 3 of Annex V, shall be entitled to the survivor's pension as provided for in that Annex. Where the whereabouts of a member of the temporary staff, or of a former member of temporary staff in receipt of an invalidity allowance are unknown for more than one year, the provisional pensions to his spouse and to persons recognised as his dependants shall be determined according to the same rules as those set out in Chapters 5 and 6 of Annex VIII to the EU Staff Regulations. Article 80 The right to receive payment of pension shall have effect from the first day of the month following that in which death occurred or, where applicable, on the first day of the month following the period during which the deceased's surviving spouse, orphans or dependants receive his emoluments under Article 60(8). Article 81 The surviving spouse of a member of the temporary staff shall be entitled to a survivor's pension in accordance with Chapter 3 of Annex V. The pension shall be not less than 35 % of the final basic monthly salary received by the member of the temporary staff, nor less than the basic salary of a Union member of temporary staff at the first step of grade 1. A person drawing survivor's pension shall be entitled, under the conditions laid down in Annex IV to the family allowances specified in Article 60(3). However, the dependent child allowance shall be equal to twice the amount of the allowance provided for in Article 60(3)(b). Article 82 Where a member of temporary staff or person entitled to an invalidity allowance dies leaving no spouse entitled to a survivor's pension, the children dependent on the deceased within the meaning of Article 2 of Annex IV at the time of his death shall be entitled to orphans. pension in accordance with Article 7 of Annex V. The same pension entitlement shall apply to children who fulfil the above conditions in the event of the death or remarriage of the spouse in receipt of a survivor's pension. Where a member of temporary staff or person entitled to an invalidity allowance dies but the conditions set out in the first paragraph of this Article are not satisfied, the dependent children within the meaning of Article 2 of Annex IV shall be entitled to an orphans' pension in accordance with Article 10 of Annex V; the pension shall, however, be equal to half the pension calculated in accordance with that Article. For persons treated as dependent children within the meaning of Article 2(4) of Annex IV, the orphan's pension may not exceed an amount equal to twice the dependent child allowance. No orphan's pension shall be payable where a natural parent who has been replaced by an adoptive parent dies. Orphans shall be entitled to an education allowance in accordance with Article 3 of Annex IV. Article 83 In the case of divorce or where there is more than one category of survivor who qualifies to claim survivor's pension, such pension shall be apportioned in manner provided for in Annex V. Article 84 1. Notwithstanding any other provisions, notably those concerning the minimum amounts payable to persons entitled to a survivor's pension, the total amount payable by way of survivor's pension plus family allowances less tax and other compulsory deductions to the widow and other entitled persons may not exceed the following: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in the event of the death of a member of temporary staff being on active employment, leave on personal grounds, leave for military service, parental leave or family leave, the amount of the remuneration which the member of temporary staff would have received in the same grade and step if he had still been in the service, plus any family allowances received by him in that case and less tax and other compulsory deductions;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>for the period following the date on which the member of temporary staff referred to in point (a) above would have reached the age of&#160;66, the amount of the severance grant to which he would have been entitled thereafter, had he been alive, based on the same grade and step at the time of death, plus any family allowances which he would have received, less tax and other compulsory deductions;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>in the event of the death of a former member of temporary staff entitled to an invalidity allowance, the amount of the pension to which he would have been entitled, had he been alive, subject to the allowances and deductions referred to in point (b).</p></td></tr></tbody></table> 2. For the purposes of paragraph 1, weightings shall be disregarded, which could affect the various amounts in question. 3. The maximum amount as established in points (a) to (c) of paragraph 1 shall be apportioned among the persons entitled to a survivor's pension in proportion to their respective entitlements, paragraph 1 being disregarded for this purpose. The second and third subparagraphs of Article 85(1) shall apply to the amounts thus apportioned. Article 85 1. The pensions provided for in these Staff Regulations shall be calculated by reference to salary scales in force on the first day of the month in which entitlement commences. No correction coefficient shall be applicable to pensions. Pensions expressed in euro shall be paid in one of the currencies referred to in Article 29 of Annex V. 2. Where, in accordance with Article 60, the remunerations are adapted, the same update shall be applied to pensions. 3. The provisions of paragraphs 1 and 2 shall apply by analogy to recipients of an invalidity allowance. Section C Severance grant Article 86 On leaving the service, a member of temporary staff shall be entitled to the payment of the severance grant or the transfer of the actuarial equivalent of his retirement pension rights in accordance with Article 1 of Annex V. Article 87 Where a member of the temporary staff has exercised the option provided for in Article 91, his severance grant shall be reduced proportionately in respect of the period in which the sums were withdrawn. The first paragraph of this Article shall not apply to a member of the temporary staff who, in the three months following application of these Staff Regulations to him, asks to be allowed to repay such sums plus compound interest at the rate of 3,5 % per year, which may be revised following the procedure laid down in Article 88. Article 88 1. The rate for the calculation of compound interest shall be the effective rate referred to in paragraphs 2 and 3 and shall, if necessary, be revised on the occasion of the five-yearly actuarial assessments. 2. The interest rates to be taken into consideration for the actuarial calculations shall be based on the observed average annual interest rates on the long-term public debt of the Member States as published by the European Commission. An appropriate consumer price index shall be used to calculate the corresponding interest rate net of inflation as needed for the actuarial calculations. 3. The effective annual rate to be taken into consideration for the actuarial calculations shall be the average of the real average interest rates for the 12 years preceding the current year. Section D Funding of the invalidity and life assurance scheme and of the pension scheme Article 89 1. Benefits paid under the social security scheme provided for in Sections B and C shall be charged to the budget of the Agency. Member States participating in the Agency shall jointly guarantee payment of such benefits in accordance with the scale laid down for financing such expenditure. 2. Salaries and invalidity allowances shall in all cases be subject to deductions of the contribution of the social security scheme provided for in Section B. 3. The funding of the social security scheme provided for in Sections B and C shall be as set out in Article 90 and Articles 21 and 22 of Annex V. 4. Contributions of the temporary staff and of the Agency to the social security scheme provided for in Sections B and C shall be entirely paid to the budget of the Agency. Article 90 Members of temporary staff shall contribute one third of the cost of financing the pension scheme. The contribution shall be 10,3 % of the member of temporary staff's basic salary, the weightings provided for in Article 60 not being taken into account. It shall be deducted monthly from the salaries of member of temporary staff. The contribution shall be adjusted in accordance with the same rules as those laid down in Annex XII of the EU Staff Regulations. Article 91 In accordance with conditions to be laid down by the Agency, a member of the temporary staff may request the Agency to effect any payments which he is required to make in order to constitute or maintain pension rights in his country of origin. The Agency may also decide to effect any payments which a member of the temporary staff is required to make in order to constitute or maintain pension rights in his country of origin, even in absence of request from such member of the temporary staff. In such case, the Agency must duly justify its decision. Such payments shall not exceed twice the rate provided for in Article 90 and shall be charged to the budget of the Agency. Section E Settlements of claims by temporary staff Article 92 The invalidity scheme or the survivor's pension scheme are set out in Articles 19 to 23 of Annex V. Section F Payment of benefits Article 93 1. Payment of benefits shall be made in accordance with Articles 84 and 85 of these Staff Regulations and with Article 28 of Annex V. 2. Any sums due from a member of the temporary staff to the Agency under this insurance scheme at the date when the benefits are payable shall be deducted from the amount of his benefit or from the benefits payable to those entitled under him. The deduction may be spread over a number of months. Section G Subrogation in favour of the agency Article 94 1. Where the death, accidental injury or sickness of a person covered by these Staff Regulations is caused by a third party, the Agency shall, in respect of the obligations incumbent upon it under these Staff Regulations consequent upon the event causing such death, injury or sickness, stand subrogated to the rights, including rights of action, of the victim or of those entitled under him against the third party. 2. The subrogation provided for by paragraph 1 shall extend inter alia to the following: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>continued payment of remuneration in accordance with Article&#160;53 to the member of temporary staff during the period when he is temporarily unfit to work,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>payments effected in accordance with Article&#160;60(8) following the death of a member of temporary staff or of a person entitled to an invalidity allowance,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>benefits paid under Articles&#160;68 and&#160;69 and their implementing rules, relating to insurance against sickness and accident,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>payment of the costs involved in transporting the body, as referred to in Article&#160;73,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>supplementary family allowances paid in accordance with Article&#160;60(5) and with Article&#160;2(3) and (5) of Annex IV in respect of a dependent child suffering from serious illness, infirmity or handicap,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>invalidity allowances paid in the event of accident or sickness resulting in permanent invalidity preventing the member of temporary staff from performing his duties,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>survivor's pensions paid in the event of the death of a member of temporary staff or of a former member of temporary staff or the death of the spouse of a member of temporary staff or of a former member of temporary staff entitled to a pension, where the spouse is not a member of temporary staff,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>orphan's pension paid regardless of age to the child of a member of temporary staff or former member of temporary staff where that child is prevented by serious illness, infirmity or handicap from earning a livelihood after the death of the person on whom he was dependent.</p></td></tr></tbody></table> 3. However, the Agency shall not be subrogated to rights of compensation in respect of purely personal damage such as non-material injury, damages for pain and suffering or compensation for disfigurement and loss of amenity over and above the allowance granted for those headings under Article 69. 4. The provisions of paragraphs 1, 2 and 3 may not be a bar to direct action by the Agency. CHAPTER 7 Recovery of overpayments Article 95 Any sum overpaid shall be recovered if the recipient was aware that there was no due reason for the payment or if the fact of the overpayment was patently such that he could not have been unaware of it. The request for recovery must be made no later than five years from the date on which the sum was paid. Where the AACC is able to establish that the recipient deliberately misled the administration with a view to obtaining the sum concerned, the request for recovery shall not be invalidated even if this period has elapsed. CHAPTER 8 Termination of employment Article 96 Apart from cessation on death, the employment of temporary staff shall cease: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>at the end of the month in which the member of temporary staff reaches the age of&#160;66;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>where the contract is for a fixed period:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>on the date stated in the contract;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>at the end of the period of notice specified in the contract giving the member of the temporary staff or the Agency the option to terminate earlier. The period of notice shall not be less than one month per year of service, subject to a minimum of one month and a maximum of three months.</p><p>For temporary staff whose contracts have been renewed the maximum shall be six months. The period of notice shall not, however, commence to run during pregnancy, if confirmed by a medical certificate, maternity leave or sick leave, provided such sick leave does not exceed three months. It shall, moreover, be suspended during pregnancy, if confirmed by a medical certificate, maternity or sick leave subject to the limits aforesaid. If the Agency terminates the contract, the member of the temporary staff shall be entitled to compensation equal to one-third of his basic salary for the period between the date when his duties end and the date when his contract expires;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>where the member of temporary staff no longer satisfies the conditions laid down in Article&#160;37(2)(a) subject to the possibility of authorising an exception under that provision. Should the exception not be authorised, the period of notice referred to in subpoint (ii) of point (b) of this Article shall apply.</p></td></tr></tbody></table></td></tr></tbody></table> Article 97 Employment may be terminated by the Agency without notice: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>during or at the end of the probationary period in accordance with Article&#160;39;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>if the member of the temporary staff is unable to resume his duties at the end of a period of paid sick leave as provided for in Article&#160;53. In such case, the member of the temporary staff shall receive an allowance equal to this basic salary, plus family allowances at the rate of two days per month of service completed.</p></td></tr></tbody></table> Article 98 1. After the disciplinary procedure provided for in Title V has been followed, employment may be terminated without notice on disciplinary grounds in serious cases of intentional or negligent failure of temporary staff to comply with their obligations. A reasoned decision shall be taken by the AACC, after the member of temporary staff concerned has been given an opportunity of submitting his defence. Before his employment is terminated, a member of the temporary staff may be suspended, in accordance with Article 161. 2. Where employment is terminated in accordance with paragraph 1, the AACC may decide: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>to limit the severance grant provided for in Article&#160;86 to repayment of the contribution provided for in Article&#160;89, plus compound interest at the rate of&#160;3,5 % per annum;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>to withhold in whole or in part the resettlement allowance provided for in Article&#160;64(2).</p></td></tr></tbody></table> Article 99 1. The employment of a member of the temporary staff shall be terminated by the Agency without notice if the AACC finds: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>that at the time of his engagement he deliberately furnished false information concerning his professional qualifications and experience or his ability to fulfil the requirements of Article&#160;37(2); and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>that the false information furnished was a determining factor in his being engaged.</p></td></tr></tbody></table> 2. In such cases the AACC shall, after hearing the member of temporary staff concerned, and after the disciplinary procedure provided for in Title V has been followed, declare that his employment is terminated. Before his employment is terminated, a member of temporary staff may be suspended in accordance with Article 161. The provisions of Article 98(2) shall apply. Article 100 Without prejudice to Articles 98 and 99, any intentional or negligent failure by a member of the temporary staff or of a former member of the temporary staff to comply with his obligations under these Staff Regulations shall render him liable to disciplinary action in accordance with Title V. TITLE III CONTRACT STAFF CHAPTER 1 General provisions Article 101 For the purposes of these Staff Regulations, ‘contract staff’ means staff not assigned to a post included in the list of posts appended to the budget of the Agency and engaged for the performance of full-time or part-time duties. Article 102 1. Contract staff shall be paid from the total appropriations for the purpose under the budget of the Agency. 2. The AACC shall adopt specific provisions governing the use of contract staff. 3. The Agency shall provide indicative yearly forecasts for the use of contract staff per function group, in the context of the budget procedure. Article 103 1. Contract staff shall be divided into four function groups corresponding to the duties to be performed. Each function group shall be subdivided into grades and steps. 2. The types of duties and corresponding function groups shall be as shown in the following table: <table><col/><col/><col/><tbody><tr><td><p>Function group</p></td><td><p>Grades</p></td><td><p>Duties</p></td></tr><tr><td><p>IV</p></td><td><p>13 to&#160;18</p></td><td><p>Administrative, advisory, linguistic and equivalent technical tasks, performed under the supervision of temporary staff.</p></td></tr><tr><td><p>III</p></td><td><p>8 to&#160;12</p></td><td><p>Executive tasks, drafting, accountancy and other equivalent technical tasks, performed under the supervision of temporary staff.</p></td></tr><tr><td><p>II</p></td><td><p>4 to&#160;7</p></td><td><p>Clerical and secretarial tasks, office management and other equivalent tasks, performed under the supervision of temporary staff.</p></td></tr><tr><td><p>I</p></td><td><p>1 to&#160;3</p></td><td><p>Manual and administrative support service tasks, performed under the supervision of temporary staff.</p></td></tr></tbody></table> 3. Based on this table, the Agency shall define the powers attaching to each type of duties. 4. Article 7 shall apply by analogy. CHAPTER 2 Rights and obligations Article 104 Articles 11 to 35 shall apply by analogy. CHAPTER 3 Conditions of engagement Article 105 1. Contract staff shall be selected on the broadest possible geographical basis from among nationals of participating Member States and without distinction as to racial or ethnic origin, political, philosophical or religious beliefs, age or disability, gender or sexual orientation and without reference to their marital status or family situation. 2. Recruitment as a member of the contract staff shall require at least: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in function group I, successful completion of compulsory education;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in function groups II and III:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>a level of post-secondary education attested by a diploma; or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>a level of secondary education attested by a diploma giving access to post-secondary education, and appropriate professional experience of at least three years; or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>where justified in the interests of the service, professional training or professional experience of an equivalent level;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>in function group IV:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>a level of education which corresponds to completed university studies of at least three years attested by a diploma; or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>where justified in the interests of the service, professional training of an equivalent level.</p></td></tr></tbody></table></td></tr></tbody></table> 3. A member of the contract staff may be engaged only on condition that he: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>is a national of one of the Member&#160;States participating in the Agency and enjoys his full rights as a citizen;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>has fulfilled any obligations imposed on him by the laws concerning military service;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>produces the appropriate character references as to his suitability for the performance of his duties;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>is physically fit to perform his duties; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>produces evidence of a thorough knowledge of one of the official languages of the institutions of the&#160;Union and of a satisfactory knowledge of another official language of the institutions of the&#160;Union to the extent necessary for the performance of his duties.</p></td></tr></tbody></table> 4. In the initial contract, the AACC may waive the requirement that the person concerned should produce documentary evidence that he fulfils the conditions in points (a), (b) and (c) of paragraphs 2 and 3 where his engagement is for not more than three months. 5. The AACC shall adopt specific provisions on the procedures for engagement of contract staff, as necessary. Article 106 Before being engaged, a member of the contract staff shall be medically examined by a medical officer authorised by the Agency in order that the Agency may be satisfied that he fulfils the requirements of Article 105(3)(d). Article 38 shall apply by analogy. Article 107 1. A member of the contract staff whose contract is concluded for a duration of at least one year shall serve a probationary period for the first six months of his period of employment if he is in function group I and for the first nine months if he is in any other function group. Where during his probationary period a member of the contract staff is prevented by sickness or accident from performing his duties for one month or more, the AACC may extend his probationary period by the corresponding length of time. The total length of the probationary period shall in no circumstances exceed 15 months. 2. A report on the member of the contract staff may be made at any time before the end of the probationary period if his work is proving obviously inadequate. This report shall be communicated to the person concerned, who shall have the right to submit his comments in writing within a period of eight working days. The report and the comments shall be transmitted immediately by the immediate superior of the member of the contract staff to the AACC. On the basis of the report, the AACC may decide to dismiss the member of the contract staff before the end of the probationary period by giving him one month's notice, or in exceptional circumstances, extend the probationary period for a maximum of six months and possibly assign the member of the contract staff to another department for the remaining time of the probationary period. 3. One month at the latest before the expiry of the probationary period, a report shall be made on the ability of the member of the contract staff to perform the duties pertaining to his post and also on his efficiency and conduct in the service. This report shall be communicated to the member of the contract staff, who shall have the right to submit his comments in writing within a period of eight working days. Should it recommend dismissal or, in exceptional circumstances, extension of the probationary period, the report and the comments shall be transmitted immediately by the immediate superior of the member of the contract staff to the AACC. A member of the contract staff whose work or conduct has not proved adequate for establishment in his post shall be dismissed. The final decision shall be taken on the basis of the report referred to in this paragraph as well as on the basis of elements available to the AACC relating to the conduct of the member of the contract staff with regard to Chapter 2. 4. A dismissed member of the contract staff shall be entitled to compensation equal to one-third of his basic salary per month of probation completed. Article 108 The contracts of contract staff may be concluded for a fixed period of at least three months and not more than four years. They may be renewed not more than once for a fixed period of not more than five years. The initial contract and the first renewal must be of a total duration of not less than six months for function group I and not less than nine months for the other function groups. Article 109 1. Contract staff shall only be recruited: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in grades&#160;13, 14, or&#160;16 for function group IV;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in grades&#160;8, 9 or&#160;10 for function group III;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>in grades&#160;4 or&#160;5 for function group II;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>in grade&#160;1 for function group I.</p></td></tr></tbody></table> The grading of such contract staff within each function group shall take account of the qualifications and experience of the persons concerned. To address specific needs of the Agency, labour market conditions prevailing in the European Union may also be taken into account. Within their grade, such contract staff shall be recruited in the first step. 2. Where a member of the contract staff moves to a new post within a function group, he shall not be classified in a lower grade or step than in his former post. Where a member of such contract staff moves to a higher function group, he shall be classified at a grade and step such that his remuneration is at least equal to that to which he was entitled under the preceding contract. Article 110 1. The first paragraph of Article 41 shall apply by analogy to contract staff engaged for a period of not less than one year. 2. A member of the contract staff who has been at one step in his grade for two years shall automatically advance to the next step in that grade. 3. In the case of contract staff, classification in the next higher grade in the same function group shall be by decision of the Agency. It shall be effected by classifying such contract staff in the first step of the next higher grade. Such advancement shall be exclusively by selection from among contract staff with a contract of at least three years who have completed a minimum period of two years in their grade, after consideration of the comparative merits of such contract staff eligible for advancement to a higher grade and of the reports on them. When considering comparative merits, the AACC shall in particular take account of the reports on the members of contract staff, the use of languages in the execution of their duties other than the language for which they have produced evidence of thorough knowledge in accordance with Article 105(3)(e) and, where appropriate, the level of responsibilities exercised by them. 4. A member of the contract staff may change to a higher function group only through participation in a general selection procedure. CHAPTER 4 Working conditions Article 111 Articles 42 to 58 shall apply by analogy. Overtime worked by contract staff in function group IV shall carry no right to compensation or remuneration. Under the conditions laid down in Annex III, overtime worked by contract staff in function groups I, II and III shall entitle them either to compensatory leave or to remuneration where the requirements of the service do not allow compensatory leave during a period of two months following that in which the overtime was worked. CHAPTER 5 Remuneration and expenses Article 112 Articles 59 to 67 shall apply by analogy, subject to the amendments set out in Articles 113 and 114. Article 113 The scale of basic salaries shall be determined according to the same scale as the one set out in Article 93 of the CEOS of the EU. Article 114 Notwithstanding Article 64(3), the installation allowance provided for in paragraph 1 and the resettlement allowance provided for in paragraph 2 of that Article, shall not be less than: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;845,37 for a member of the contract staff who is entitled to the household allowance, and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;501,20 for a member of the contract staff who is not entitled to the household allowance.</p></td></tr></tbody></table> CHAPTER 6 Section A Social security benefits Article 115 Articles 68 to 70 shall apply by analogy. However, Article 68(4) and (5) shall not apply to a member of the contract staff who has remained in the service of the Agency until the age of 63, unless he has been employed for more than 3 years as a member of such staff. Article 116 1. A former member of the contract staff who becomes unemployed when his service with the Agency is terminated, and: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>who is not in receipt of an invalidity allowance from the Agency;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>whose service is not terminated by resignation or by cancellation of the contract for disciplinary reasons;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>who has completed a minimum of six months' service;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>who is resident in a Member&#160;State;</p></td></tr></tbody></table> shall be eligible for a monthly unemployment allowance under the conditions laid down below. Where he is entitled to unemployment benefits under a national scheme, he shall be obliged to declare this to the Agency. In such cases, the amount of those benefits shall be deducted from the allowance paid under paragraph 3. 2. To be eligible for the unemployment allowance, a former member of the contract staff shall: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>be registered, at his own request, as seeking employment with the employment authorities of the Member&#160;State in which he establishes his residence;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>fulfil the obligations laid down by the law of that Member&#160;State for persons in receipt of unemployment benefits under that law;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>forward every month to the Agency a certificate issued by the competent national employment authority stating whether or not he has fulfilled the obligations and conditions referred to in points (a) and (b).</p></td></tr></tbody></table> The allowance may be granted or maintained by the Agency, even where the national obligations referred to in point (b) have not been fulfilled, in cases of illness, accident, maternity, invalidity or a situation recognised as being similar, or where the national authority competent to meet those obligations has given a dispensation in that regard. The Steering Board shall lay down such provisions as it deems necessary for applying this Article. 3. The unemployment allowance shall be set by reference to the basic salary attained by the former member of the contract staff at the time of the termination of his service. The allowance shall be set at: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>60 % of the basic salary for an initial period of&#160;12 months;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>45 % of the basic salary for the&#160;13th to the&#160;24th month;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>30 % of the basic salary for the&#160;25th to the&#160;36th month.</p></td></tr></tbody></table> Other than during an initial six-month period, in which the lower limit specified below is applicable but the upper limit is not, the amounts thus calculated may neither be less than EUR 1 010,92 nor exceed EUR 2 021,83. These limits shall be adjusted, in the same way as the salary scales set out in Article 66 of the EU Staff Regulations, according to the same rules as those set out in Article 65 of those Regulations. 4. The period during which the unemployment allowance is payable to a former member of the contract staff may not be more than 36 months from the date of termination of service and shall in no case exceed the equivalent of one third of the actual length of service completed. However, if, during that period, the former member of the contract staff ceases to fulfil the conditions laid down in paragraphs 1 and 2, payment of the unemployment allowance shall be suspended. Payment shall be resumed if, before the expiry of that period, the former member of the contract staff again fulfils the said conditions and is not entitled to national unemployment benefit. 5. A former member of the contract staff who is eligible for the unemployment allowance shall be entitled to the family allowances according the same rules as those provided for in Article 67 of the EU Staff Regulations. The household allowance shall be calculated on the basis of the unemployment allowance under the conditions laid down in Article 1 of Annex IV. The person concerned shall be obliged to declare any allowances of the same kind paid from other sources to himself or to his spouse; such allowances shall be deducted from those to be paid on the basis of this Article. A former member of the contract staff who is eligible for the unemployment allowance shall be entitled, as provided for in Article 68, which shall apply by analogy, to insurance cover against sickness without having to make any contribution. 6. The unemployment allowance and family allowances shall be paid from the Special Unemployment Fund in euro. No correction coefficient shall be applicable. 7. Members of the contract staff shall contribute one third of the financing of the unemployment insurance scheme. That contribution shall be set at 0,81 % of the basic salary of the person concerned after deducting a standard allowance of EUR 919,02 and without taking account of any correction coefficients as those provided for in Article 64 of the EU Staff Regulations. The contribution shall be deducted each month from the salary of the person concerned and paid, together with the remaining two thirds to be borne by the Agency, into the Special Unemployment Fund set up in accordance with Article 28a of the CEOS of the EU. The rate of contribution shall be reviewed and adapted as necessary by the Council after a period of six years in the light of the unemployment risk of the contract staff of the Agency. 8. Unemployment allowances paid to former members of the contract staff who are unemployed shall be subject to the same rules as those laid down in Regulation (EEC, Euratom, ECSC) No 260/68. 9. The national departments with responsibility for employment and unemployment, acting in accordance with their national legislation, and the Agency shall cooperate with each other in an effective manner in order to ensure that this Article is properly applied. 10. The detailed arrangements adopted on the basis of Article 71(10) shall be applicable for this Article, without prejudice to the provisions of the third subparagraph of paragraph 2 of this Article. Article 117 Articles 72 and 73 shall apply by analogy. Article 118 Gifts, loans or advances may be made to contract staff during the term of their contract or after expiry of the contract where, as a result of serious protracted illness contracted or a disability, or of an accident sustained, during his employment, the member of contract staff is incapable of working and proves that such illness or accident is not covered by another social security scheme. Section B Insurance against the risk of invalidity and death Article 119 Contract staff shall be insured in accordance with the following provisions against the risk of death or invalidity occurring during their employment. The payments and benefits provided for in this Section shall be suspended if the remuneration which a member of such staff receives in respect of his employment is suspended under these Staff Regulations. Article 120 Where the medical examination made before a member of the contract staff is engaged shows that he is suffering from sickness or invalidity, the AACC may, in so far as risks arising from such sickness or invalidity are concerned, decide to grant him guaranteed benefits in respect of invalidity or death only after a period of five years from the date of his entering the service of the Agency. The contract staff member may appeal against this decision to the Invalidity Committee provided for in Article 76. Article 121 1. A member of the contract staff who is suffering from total invalidity and who, for that reason, is obliged to suspend employment with the Agency shall be entitled, for as long as the invalidity lasts, to an invalidity allowance, the amount of which shall be determined as follows. If a member of the contract staff who is a recipient of an invalidity allowance reaches pensionable age, the general rules on severance grant shall be applied. The amount of the severance grant shall be based on the salary for the grade and step occupied by the member of the contract staff when he became an invalid. 2. The invalidity allowance shall be 70 % of the final basic salary of the member of the contract staff. However, it shall not be less than the basic monthly salary of a member of the contract staff in function group I, grade 1, step 1. The invalidity allowance shall be subject to contributions to the pension scheme, calculated on the basis of that allowance. 3. Where the invalidity of the contract staff member arises from an accident in the course of or in connection with the performance of his duties, from an occupational disease, from a public spirited act or from risking life and limb to save another human being, the invalidity allowance shall not be less than 120 % of the basic monthly salary of a function group I, grade 1, step 1 contract staff member. In such cases the pension contributions shall be borne by the budget of the former employer. 4. In the case of invalidity deliberately brought about by the contract staff member, the AACC may decide that he should receive only the grant provided for in Article 129. 5. Persons entitled to an invalidity allowance shall also be entitled to the family allowances determined in accordance with Article 60(3); in accordance with Annex IV, the household allowance shall be determined on the basis of the recipient's allowance. Article 122 1. Invalidity shall be established by the Invalidity Committee provided for in Article 76. 2. Entitlement to an invalidity allowance shall take effect on the day following that on which the contract staff member's employment is terminated under Articles 96 and 97, which are applicable by analogy. 3. The Agency may require periodic examinations of the recipient of an invalidity allowance to establish that he still fulfils the conditions for payment of that allowance. If the Invalidity Committee finds that these conditions are no longer fulfilled, the contract staff member shall resume service with the Agency, providing his contract has not expired. However, if it proves impossible to employ the person concerned in the service of the Agency, the contract may be terminated subject to payment of an amount corresponding to the remuneration that would have been paid during the period of notice and, where applicable, to the compensation for termination of contract provided for in Article 96. Article 129 shall also apply. Article 123 1. The persons entitled under a deceased contract staff member, determined according to the same rules as those laid down in Chapter 3 of Annex V shall be entitled to a survivor's pension as provided for in Articles 124 to 127. 2. In the event of the death of a former contract staff member in receipt of an invalidity allowance, the persons entitled under the deceased former contract staff member, as defined in Chapter 3 of Annex V, shall be entitled to a survivor's pension as provided for in that Annex. 3. Where the whereabouts of a contract staff member or of a former contract staff member in receipt of an invalidity allowance, are unknown for more than one year, the provisional pensions to his spouse and to persons recognised as his dependants shall be determined according to the same rules as those laid down in Chapters 5 and 6 of Annex VIII to the EU Staff Regulations. Article 124 The right to receive payment of pension shall have effect from the first day of the month following that in which death occurs or, where applicable, on the first day of the month following the period during which the deceased's surviving spouse, orphans or dependants receive his emoluments under Article 60(8). Article 125 The surviving spouse of a contract staff member shall be entitled to a survivor's pension in accordance with Chapter 3 of Annex V. The pension shall not be less than 35 % of the final basic monthly salary received by the contract staff member, nor less than the basic monthly salary of contract staff in function group I, grade 1, step 1. A person drawing a survivor's pension shall be entitled, on the conditions laid down in Annex IV to the family allowances specified in Article 60(3). However, the dependent child allowance shall be equal to twice the amount of the allowance provided for in Article 60(3)(b). Article 126 1. Where a member of contract staff or a former member of contract staff in receipt of an invalidity allowance dies leaving no spouse entitled to a survivor's pension, the children deemed to be dependent on him shall be entitled to an orphan's pension in accordance with Article 82, which shall apply by analogy. 2. The same entitlement shall apply to children who fulfil the foregoing conditions in the event of death or remarriage of a spouse who is entitled to a survivor's pension. 3. Where a member of contract staff or a former member of contract staff in receipt of an invalidity allowance dies but the conditions set out in paragraph 1 of this Article are not satisfied, the provisions of the third paragraph of Article 82 shall apply by analogy. 4. The orphan's pension of a person treated as a dependent child as defined in Article 2(4) of Annex IV, may not exceed twice the dependent child allowance. However, entitlement to the pension shall cease if a third party is liable for maintenance under the national laws applicable. 5. No orphan's pension shall be payable where a natural parent who has been replaced by an adoptive parent dies. 6. Orphans shall be entitled to an education allowance in accordance with Article 3 of Annex IV. Article 127 In the case of divorce or where there is more than one category of survivor who qualifies to claim survivor's pension, such pension shall be apportioned in the manner provided for in Chapter 3 of Annex V. Article 128 Articles 84 and 85 shall apply by analogy. Section C Severance grant Article 129 On leaving the service, a member of contract staff shall be entitled to the payment of the severance grant or the transfer of the actuarial equivalent of his retirement pension rights in accordance with Article 1 of Annex V. Article 130 1. Where a member of the contract staff has exercised the option provided for in Article 132, the contract staff member's severance grant shall be reduced proportionately in respect of the period in which the sums were withdrawn. 2. Paragraph 1 of this Article shall not apply to a contract staff member who, in the three months following application of these Staff Regulations to him, asks to be allowed to repay such sums plus compound interest at the rate of 3,5 % per year, which may be revised following the procedure laid down in Article 88. Section D Funding of the invalidity and life assurance scheme and of the pension scheme Article 131 Articles 89 and 90 shall apply by analogy. Article 132 In accordance with conditions to be laid down by the Agency, a member of the contract staff may request the Agency to effect any payments which he is required to make in order to constitute or maintain pension rights, unemployment insurance, invalidity insurance, life insurance and sickness insurance in the country where he has last been covered by such schemes. The Agency may also decide to effect any payments which a member of the contract staff is required to make in order to constitute or maintain pension rights in his country of origin, even in absence of request from such member of the contract staff. In such case, the Agency must duly justify its decision. During the period of these contributions, the contract staff member shall not benefit from the Agency sickness insurance scheme. Moreover, for the period corresponding to these contributions, the contract staff member shall not be covered by the Agency life assurance and invalidity schemes and shall not acquire rights under the Agency unemployment insurance and pension schemes. The actual period of such payments for any contract staff member shall not exceed six months. However, the Agency may decide to extend this period to one year. The payments shall be charged to the budget of the Agency. Payments to constitute or maintain pension rights shall not exceed twice the rate provided for in Article 90. Section E Settlements of claims by contract staff Article 133 The invalidity scheme or the survivor's pension scheme are set out in Articles 19 to 23 of Annex V. Section F Payment of benefits Article 134 1. Articles 84 and 85 shall apply by analogy, as well as Article 29 of Annex V. 2. Any sums due from a contract staff member to the Agency under this insurance scheme at the date when the benefits are payable shall be deducted from the amount of his benefit or from the benefits payable to those entitled under him. The deduction may be spread over a number of months. Section G Subrogation in favour of the agency Article 135 The provisions of Article 94 shall apply by analogy in favour of the Agency. CHAPTER 7 Recovery of undue payment Article 136 The provisions of Article 95 shall apply by analogy. CHAPTER 8 Termination of employment Article 137 Articles 96 to 100 shall apply by analogy to contract staff. In the event of disciplinary proceedings against a contract staff member, the Disciplinary Board referred to in Article 143 shall meet with two additional members from the same function group and grade as the contract staff member concerned. These two additional members shall be appointed according to an ad hoc procedure agreed upon by the AACC and the Staff Committee. TITLE IV STAFF REPRESENTATION Article 138 1. A Staff Committee shall be formed according to modalities to be determined by the Steering Board. 2. The Staff Committee shall represent the interests of the staff vis-à-vis the Agency and maintain continuous contact between the Agency and the staff. It shall contribute to the smooth running of the service by providing a channel for the expression of opinion of the staff. It shall bring to the notice of the competent bodies of the Agency any difficulty having general implications concerning the interpretation and application of these Staff Regulations. It may be consulted on any difficulty of this kind. The Staff Committee shall submit to the competent bodies of the Agency suggestions concerning the organisation and operation of the service and proposals for the improvement of staff working conditions or general living conditions. The Staff Committee shall participate in the management and supervision of social welfare bodies set up by the Agency in the interests of its staff. It may, with the consent of the Agency, set up such welfare services. TITLE V DISCIPLINARY PROCEDURE Section A General provisions Article 139 1. Any failure by a staff member or former staff member to comply with his obligations under these Staff Regulations, whether intentionally or through negligence on his part, shall make him liable to disciplinary action. 2. Where the AACC becomes aware of evidence of failure within the meaning of paragraph 1, the AACC may launch administrative investigations to verify whether such failure has occurred. Article 140 1. Whenever an internal investigation reveals the possibility of the personal involvement of a staff member, or a former staff member, that person shall rapidly be informed, provided this is not harmful to the investigation. In any event, conclusions referring by name to a staff member may not be drawn once the investigation has been completed without that staff member concerned having been given the opportunity to comment on facts concerning him. The conclusions shall make reference to these comments. 2. In cases that demand absolute secrecy for the purposes of the investigation and requiring the use of investigative procedures falling within the remit of a national judicial authority, compliance with the obligation to invite the staff member to comment may, in agreement with the AACC, be deferred. In such cases, no disciplinary proceedings may be opened before the staff member has been given a chance to comment. 3. If, following an internal investigation, no case can be made against a staff member about whom allegations have been made, the investigation in question shall be closed, with no further action taken, by decision of the AACC, who shall inform the staff member in writing. The staff member may request that that decision be inserted in his personal file. 4. The AACC shall inform the person concerned when the investigation ends, and shall communicate to him the conclusions of the investigation report and, on request and subject to the protection of the legitimate interests of third parties, all documents directly related to the allegations made against him. Article 141 On the basis of the investigation report, after having notified the staff member concerned of all evidence in the files and after hearing the staff member concerned, the AACC may: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>decide that no case can be made against the staff member, in which case he shall be informed accordingly in writing; or</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>decide, even if there is or appears to have been a failure to comply with obligations, that no disciplinary measure shall be taken and, if appropriate, address a warning to the staff member; or</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>in the case of failure to comply with obligations within the meaning of Article&#160;139:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>decide to initiate the disciplinary proceedings provided for in Section D of this Title; or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>decide to initiate disciplinary proceedings before the Disciplinary Board.</p></td></tr></tbody></table></td></tr></tbody></table> Article 142 A staff member who, for objective reasons, cannot be heard under the provisions of this Title may be asked to comment in writing or may be represented by a person of his choice. Section B Disciplinary board Article 143 1. A Disciplinary Board shall be established in the Agency. The Disciplinary Board shall include at least one member, who may be the chairman, chosen from the staff of the Council of the European Union. 2. The Disciplinary Board shall consist of a chairman and four full members, who may be replaced by alternates, of which at least one member shall have the same function group as the member of staff subject to disciplinary proceedings. Article 144 1. The AACC and the Staff Committee referred to in Article 138 shall each appoint two members and two alternates at the same time. 2. The chairman and alternate for the chairman shall be appointed by the AACC. 3. The chairman, the members and the alternates shall be appointed for a period of three years. However, the Agency may provide for a shorter period for members and alternates, subject to a minimum of one year. 4. The staff member concerned shall be entitled to reject one of the Disciplinary Board members within five days of the Disciplinary Board's establishment. The Agency shall also be entitled to reject one of the Disciplinary Board members. Within the same time limit, Disciplinary Board members may ask to be excused from duty for legitimate reasons and shall withdraw if a conflict of interests exists. Article 145 The Disciplinary Board shall be assisted by a secretary appointed by the AACC. Article 146 1. The chairman and members of the Disciplinary Board shall be completely independent in the performance of their duties. 2. The deliberations and proceedings of the Disciplinary Board shall be secret. Section C Disciplinary measures Article 147 1. The AACC may impose one of the following penalties: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>a written warning;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>a reprimand;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>deferment of advancement to a higher step for a period of between one and&#160;23 months;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>relegation in step;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>temporary downgrading for a period of between&#160;15 days and one year;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>downgrading in the same function group;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>classification in a lower function group, with or without downgrading;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>removal from post and, where appropriate, withholding, for a fixed period, of an amount from an invalidity allowance; the effects of this measure shall not extend to the staff members' dependants. In case of such reduction however, the income of the former staff member may not be less than the minimum subsistence figure corresponding to the basic salary of a member of temporary staff at the first step of grade&#160;1, with the addition of any family allowances payable.</p></td></tr></tbody></table> 2. Where the member of staff is in receipt of an invalidity allowance, the AACC may decide to withhold an amount from the invalidity allowance for a given period; the effects of this measure shall not extend to the staff members' dependants. The income of the member of staff may not, however, be less than the minimum subsistence figure corresponding to the basic salary of a member of temporary staff at the first step of grade 1, with the addition of any family allowances payable. 3. A single case of misconduct shall not give rise to more than one disciplinary penalty. Article 148 The severity of the disciplinary penalties imposed shall be commensurate with the seriousness of the misconduct. To determine the seriousness of the misconduct and to decide upon the disciplinary penalty to be imposed, account shall be taken in particular of: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the nature of the misconduct and the circumstances in which it occurred;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the extent to which the misconduct adversely affects the integrity, reputation or interests of the Agency;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the extent to which the misconduct involves intentional actions or negligence;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the motives for the misconduct of the staff member;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>the grade and seniority of the staff member;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>the degree of the personal responsibility of the staff member;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>the level of the duties and responsibilities of the staff member;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>whether the misconduct involves repeated action or behaviour;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the conduct of the staff member throughout the course of his career.</p></td></tr></tbody></table> Section D Disciplinary proceedings not involving the disciplinary board Article 149 The AACC may decide on the penalty of a written warning or reprimand without consulting the Disciplinary Board. The staff member concerned shall be heard before such action is taken by the AACC. Section E Disciplinary proceedings before the disciplinary board Article 150 1. The AACC shall submit a report to the Disciplinary Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose, including any aggravating or extenuating circumstances. 2. The report shall be communicated to the staff member concerned and to the chairman of the Disciplinary Board, who shall bring it to the attention of the members of the Disciplinary Board. Article 151 1. On receipt of the report, the staff member concerned shall have the right to obtain his complete personal file and take copies of all documents relevant to the proceedings, including exonerating evidence. 2. The staff member concerned shall have not less than 15 days from the date of receipt of the report initiating the disciplinary proceedings to prepare a defence. 3. The staff member concerned may be assisted by a person of his or her choice. Article 152 1. If, in the presence of the Chairman of the Disciplinary Board, the staff member concerned acknowledges misconduct on his part and accepts unreservedly the report referred to in Article 149, the AACC may, in accordance with the principle of proportionality between the nature of the misconduct and the penalty being considered, withdraw the case from the Disciplinary Board. Where a case is withdrawn from the Disciplinary Board, the Chairman shall deliver an opinion on the penalty considered. 2. Under this procedure the AACC may, by derogation from Article 149, impose one of the penalties provided for in Article 147(1)(a) to (d). 3. The staff member concerned shall be informed before acknowledging his misconduct of the possible consequences of such acknowledgement. Article 153 Before the first meeting of the Disciplinary Board, the chairman shall give one of its members the task of preparing a general report on the matter and shall inform the other members of the Disciplinary Board accordingly. Article 154 1. The staff member concerned shall be heard by the Disciplinary Board; at the hearing, he may submit observations in writing or orally, whether in person or through a representative. He may call witnesses. 2. The Agency shall be represented before the Disciplinary Board by a staff member mandated by the AACC to this effect and having rights equivalent to those of the staff member concerned. Article 155 1. If the Disciplinary Board does not consider that it has sufficiently clear information on the facts complained of or the circumstances in which they arose, it shall order an investigation in which each side can submit its case and reply to the case of the other side. 2. The Chairman or a member of the Disciplinary Board shall conduct the investigation on behalf of the Disciplinary Board. For the purposes of the investigation, the Disciplinary Board may call for any documents relating to the matter before it. The Agency shall comply with any such request within the time limit, if any, set by the Disciplinary Board. Where such a request is addressed to the member of staff, note shall be taken of any refusal to comply. Article 156 After consideration of documents submitted and having regard to any statement made orally or in writing and to the results of any investigation undertaken, the Disciplinary Board shall, by majority vote, deliver a reasoned opinion as to whether the facts complained of are established and as to any penalty to which those facts should give rise. This opinion shall be signed by all the members of the Disciplinary Board. Each member may attach to the opinion a divergent view. The Disciplinary Board shall transmit the opinion to the AACC and to the staff member concerned within two months of the date of receipt of the report of the AACC, provided that this time limit is commensurate with the degree of complexity of the case. Where an investigation has been held at the Disciplinary Board's initiative, the time limit shall be four months, provided that this period is commensurate with the degree of complexity of the case. Article 157 1. The Chairman of the Disciplinary Board shall not vote on matters before it, except as regards matters of procedure or where votes are tied. 2. The Chairman shall ensure that the decisions of the Disciplinary Board are implemented and shall bring all information and documents relating to the case to the attention of each of its members. Article 158 The secretary shall draw up minutes of meetings of the Disciplinary Board. Witnesses shall sign the minutes recording their evidence. Article 159 1. Expenses incurred on the initiative of a staff member concerned in the course of disciplinary proceedings, and in particular fees paid to a person chosen to assist the member of staff or for his defence, shall be borne by the staff member where the disciplinary proceedings result in the imposition of one of the penalties provided for in Article 147. 2. However, the AACC may decide otherwise in exceptional cases where the burden on the member of staff concerned would be unfair. Article 160 1. After hearing the member of staff, the AACC shall take its decision as provided for in Articles 147 and 148 within two months of receipt of the opinion of the Disciplinary Board. Reasons must be given for the decision. 2. If the AACC decides to close the case without imposing any disciplinary penalty, it shall so inform the staff member concerned in writing without delay. The staff member concerned may request that this decision be inserted in his personal file. Section F Suspension Article 161 1. If the AACC accuses a staff member of serious misconduct, whether through a failure to honour his professional obligations or through an infringement of the law, it may immediately suspend the person accused of that misconduct for a specified or indefinite period. 2. The AACC shall take this decision after hearing the staff member concerned, save in exceptional circumstances. Article 162 1. The decision suspending a staff member shall state whether the staff member is to continue to receive his full remuneration during the period of suspension or what part thereof is to be withheld. The amount paid to the staff member shall not under any circumstances be less than the minimum subsistence figure corresponding to the basic salary of a member of temporary staff at the first step of grade 1, with the addition of any family allowances payable. 2. The situation of a suspended staff member must be definitively settled within six months of the date on which the suspension takes effect. If no such decision is taken within six months, the staff member concerned shall be entitled to again receive full remuneration, subject to paragraph 3. 3. Remuneration may continue to be withheld in part after the six-month deadline referred to in paragraph 2, if the staff member concerned is the subject of criminal proceedings for the same acts and is in custody as a result of those proceedings. In such cases the staff member shall not receive full remuneration until the competent court has ordered his release. 4. Sums withheld under paragraph 1 of this Article shall be repaid to the staff member if the final decision imposes a disciplinary penalty no more severe than a written warning, reprimand or deferment of advancement to a higher step, or if no disciplinary penalty is imposed; in the latter case, the repayment shall be made with compound interest at the rate defined in Article 88. Section G Parallel criminal prosecution Article 163 Where the member of staff is prosecuted for those same acts, a final decision shall be taken only after a final judgment has been handed down by the court hearing the case. Section H Final provisions Article 164 A staff member against whom a disciplinary penalty other than removal from post has been ordered may, after three years in the case of a written warning or reprimand or after six years in the case of any other penalty, submit a request for the deletion from his personal file of all reference to such measure. The AACC shall decide whether to grant this request. Article 165 Where new facts supported by relevant evidence come to light, disciplinary proceedings may be reopened by the AACC on its own initiative or on application by the member of staff concerned. Article 166 If no case has been made against the staff member pursuant to Article 160(2), the staff member shall be entitled to request that the damage suffered should be made good through suitable publicity for the decision of the AACC. Article 167 The Steering Board shall adopt implementing arrangements for these procedures. TITLE VI APPEALS Article 168 1. Any person to whom these Staff Regulations apply may submit to the AACC a request that it takes a decision relating to him. The AACC shall notify the person concerned of its reasoned decision within four months from the date on which the request was made. If, at the end of that period, no reply to the request has been received, this shall be deemed to constitute an implied decision rejecting it, against which a complaint may be lodged in accordance with paragraph 2. 2. Any person to whom these Staff Regulations apply may submit to the AACC a complaint against an act adversely affecting him, either where the said authority has taken a decision or where it has failed to adopt a measure prescribed by these Staff Regulations. The complaint must be lodged within three months. The period shall start to run: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>on the date of publication of the act if it is a measure of a general nature,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>on the date of notification of the decision to the person concerned, but in no case, later than the date on which the latter received such notification, if the measure affects a specified person; if, however, an act affecting a specified person also contains a complaint against another person, the period shall start to run in respect of that other person on the date on which he receives notification thereof but in no case later than the date of publication,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>on the date of expiry of the period prescribed for reply where the complaint concerns an implied decision rejecting a request as provided for in paragraph&#160;1.</p></td></tr></tbody></table> The AACC shall notify the person concerned of its reasoned decision within four months from the date on which the complaint was lodged. If, at the end of that period, no reply to the complaint has been received, this shall be deemed to constitute an implied decision rejecting it, against which an appeal may be lodged under Article 170. Article 169 1. The Court of Justice of the European Union shall have jurisdiction in any dispute between the Union and any person to whom these Staff Regulations apply regarding the legality of an act affecting such person adversely within the meaning of Article 168(2). In disputes of a financial character the Court of Justice shall have unlimited jurisdiction. 2. An appeal to the Court of Justice of the European Union shall lie only if: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the AACC has previously had a complaint submitted to it pursuant to Article&#160;168(2) within the period prescribed therein, and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the complaint has been rejected by express decision or by implied decision.</p></td></tr></tbody></table> 3. Appeals under paragraph 2 shall be filed within three months. The period shall begin: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>on the date of notification of the decision taken in response to the complaint,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>on the date of expiry of the period prescribed for the reply where the appeal is against an implied decision rejecting a complaint submitted pursuant to Article&#160;168(2); nevertheless, where a complaint is rejected by express decision after being rejected by implied decision but before the period for lodging an appeal has expired, the period for lodging the appeal shall start to run afresh.</p></td></tr></tbody></table> 4. By way of derogation from paragraph 2, the person concerned may, after submitting a complaint to the AACC pursuant to Article 168(2), immediately file an appeal with the Court of Justice, provided that such appeal is accompanied by an application either for a stay of execution of the contested act or for the adoption of interim measures. The proceedings in the principal action before the Court of Justice shall then be suspended until such time as an express or implied decision rejecting the complaint is taken. 5. Appeals under this Article shall be investigated and heard as provided for in the Rules of Procedure of the Court of Justice of the European Union. TITLE VII SPECIAL ADVISERS Article 170 1. The remuneration of special advisers shall be determined by direct agreement between the adviser concerned and the AACC. The contract of a special adviser shall be for a term not exceeding two years, for a maximum number of days in the period. It shall be renewable. 2. Where the Agency intends to recruit a special adviser or renew his contract, it shall submit the proposal to the Steering Board, specifying the remuneration contemplated, the terms of reference, the reasons for the proposal and any other relevant element. The Agency may conclude the contract unless the Steering Board decides otherwise within one month of receiving the information referred to in the first subparagraph. 3. The AACC shall adopt the specific rules to implement the provisions of this Article. Article 171 Articles 1(2), Articles 6, 11, 12, 13 and 14, the first paragraph of Article 18, Articles 19, 20, Article 21(1), Articles 22, 27 and 28, the second paragraph of Article 32, and Article 36, concerning the rights and obligations of staff members of the Agency, and Articles 168 and 169, concerning appeals, shall apply by analogy. Article 172 1. The provisions of these Staff Regulations concerning the rights and obligations (Articles 11 to 35 and 104), the conditions of recruitment (Article 37, with the exception of point (a) of paragraph 2, Article 38 to 41 and Article 105, with the exception of point (a) of Article 105(3), and Articles 106 to 110), the working conditions (Articles 42 to 58 and Article 111), the termination of employment (Article 96 to 100 and Article 137) and the disciplinary procedure (Articles 139 to 167), may be amended, to the extent necessary, by the Steering Board of the Agency, acting in accordance with Article 9(1)(j) and Article 11(3)(a) of Decision (CFSP) 2015/1835. Any such proposed amendments shall be transmitted to the Council. Those amendments shall be deemed approved, unless the Council, within two months and acting by qualified majority, decides to modify them. 2. Amendments to other provisions of these Staff Regulations, in particular those concerning remuneration, allowances and social security benefits, shall be adopted by the Council, acting by unanimity, upon proposal from the Steering Board. Article 173 Within three years after the entry into force of these Staff Regulations, the Council of the European Union shall evaluate and amend these Staff Regulations or take a decision on their expiration, as appropriate. Article 174 Decision 2004/676/EC is hereby repealed. Article 175 This Decision shall take effect on the day of its publication in the Official Journal of the European Union . Done at Brussels, 4 August 2016. For the Council The President M. LAJČÁK ( 1 ) OJ L 266, 13.10.2015, p. 55 . ( 2 ) Council Decision 2004/676/EC of 24 September 2004 concerning the Staff Regulations of the European Defence Agency ( OJ L 310, 7.10.2004, p. 9 ). ( 3 ) 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 L 56, 4.3.1968, p. 1 ). ( 4 ) Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities ( OJ L 56, 4.3.1968, p. 8 ). ANNEX I PART-TIME WORK Article 1 The request for authorisation to work part-time shall be submitted by the staff member through the staff member's immediate superior at least two months before the requested date, except in duly justified urgent cases. Authorisation may be granted for a minimum of one month and a maximum of three years, without prejudice to the cases referred to in Article 17 and Article 45(2)(e). The authorisation may be renewed on the same terms. Applications for renewal shall be made by the staff member concerned at least two months before expiry of the period for which the authorisation was granted. Part-time work may not be less than half the normal working time. A period of part-time work shall start on the first day of a month, except in duly justified cases. Article 2 The AACC may, at the request of the staff member concerned, withdraw the authorisation before expiry of the period for which it is granted. The date of withdrawal may not be more than two months after the date proposed by the staff member or four months after that date if the part-time work was authorised for more than one year. The AACC may, in exceptional cases and in the interests of the service, withdraw the authorisation before the expiry of a period for which it is granted, giving the staff member two months' notice. Article 3 A staff member shall be entitled, during the period for which part-time work is authorised, to a percentage of his remuneration corresponding to the percentage of the normal time worked. However, the percentage shall not be applied to the dependent child allowance, the basic amount of the household allowance or the education allowance. Contributions to the sickness insurance scheme shall be calculated by reference to the basic salary payable to a staff member working full time. Contributions to the pension scheme shall be calculated by reference to the basic salary received by a staff member working part-time. The staff member may also request that contributions to the pension scheme be calculated by reference to the basic salary payable to a staff member working full time, in accordance with Article 90. Acquired rights, for the purposes of Article 1 of Annex V, shall be calculated in proportion to the percentage of contributions paid. During the period of part-time work, the staff member may not work overtime or engage in any gainful activity, other than an activity in accordance with Article 17. Article 4 The AACC may lay down detailed rules for the application of these provisions. ANNEX II LEAVE SECTION 1 Annual leave Article 1 In the year in which a staff member enters or leaves the service, he shall be entitled to two working days' leave per complete month of service, to two working days for an incomplete month consisting of more than 15 days and to one working day for an incomplete month of 15 days or less. Article 2 Annual leave may be taken all at once or in several periods as desired by the staff member and according to the requirements of the service. It must, however, include at least one period of two consecutive weeks. A staff member entering the service shall be granted annual leave only after completing three months' duty; leave may be approved earlier than this in exceptional cases for reasons duly substantiated. Article 3 If, during annual leave, a staff member contracts an illness which would have prevented him from attending for duty if he had not been on leave, his annual leave shall be extended by the duration of his incapacity, subject to production of a medical certificate. Article 4 Where a staff member, for reasons other than the requirements of the service, has not used up all his annual leave before the end of the current calendar year, the amount of leave which may be carried over to the following year shall not exceed 12 days. Where a staff member at the time of leaving the service has not used up all his annual leave, he shall be paid compensation equal to one thirtieth of his monthly remuneration at the time of leaving the service for each day's leave due to him. A sum calculated in the manner provided for in the second subparagraph shall be deducted from payment due to a staff member who at the time of leaving the service has drawn annual leave in excess of his entitlement up to that date. Article 5 Where a staff member is recalled to duty for service reasons while on annual leave or has had his leave cancelled, any costs incurred by him shall be reimbursed, subject to production of appropriate evidence, and travelling time shall be granted afresh. SECTION 2 Special leave Article 6 In addition to annual leave, a staff member may, on application, be granted special leave. In particular, in the following cases special leave shall be granted as shown: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>marriage of the staff member: four days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>change of residence of the staff member: up to two days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>serious illness of spouse: up to three days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>death of spouse: four days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>serious illness of a relative in the ascending line: up to two days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>death of a relative in the ascending line: two days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>marriage of a child: two days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>birth of a child: 10 days, to be taken during the fourteen weeks following birth,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>birth of a disabled or seriously ill child: 20 days, to be taken during the fourteen weeks following the birth,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>death of the wife during maternity leave: a number of days corresponding to the remaining maternity leave; if the deceased wife is not a staff member, the remaining maternity leave is determined by applying the provisions of Article&#160;52, by analogy,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>serious illness of a child: up to two days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>very serious illness of a child, as certified by a doctor, or hospitalisation of a child aged&#160;12 or under: up to five days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>death of a child: four days,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>adoption of a child: 20 weeks, rising to&#160;24 weeks in the case of the adoption of a disabled child:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Every adopted child shall confer entitlement to only one period of special leave, which may be shared between the adoptive parents if both are staff members. It shall be granted only if the staff member's spouse engages in a gainful activity at least half-time. If the spouse works outside the institutions of the Union and benefits from comparable leave, a corresponding number of days shall be deducted from the staff member's entitlement.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The AACC may, in case of necessity, grant additional special leave in cases where the national legislation of the country in which the adoption procedure takes place and which is not the country of employment of the adopting staff member requires a stay of one or both adoptive parents.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Special leave of&#160;10 days shall be granted if the staff member does not benefit from the full special leave of&#160;20 or&#160;24&#160;weeks by reason of the first sentence of this indent; this additional special leave shall be granted only once for each adopted child.</p></td></tr></tbody></table></td></tr></tbody></table> The Agency may also grant special leave in the case of further training and instruction, within the limits laid down in the further training and instruction programme drawn up by the Agency pursuant to Article 30. Special leave may furthermore be granted to staff members on an exceptional basis in case of exceptional work which goes beyond a staff member's normal obligations. Such special leave shall be granted at the latest three months after the AACC has taken a decision on the exceptional character of the work of the staff member. For the purposes of this Article, the unmarried partner of a staff member shall be treated as the spouse where the first three conditions in Article 1(2)(c) of Annex IV are met. Where special leave is granted pursuant to this Section, any travelling time shall be fixed by a special decision taking into account particular needs. SECTION 3 Travelling time Article 7 Staff members who are entitled to the expatriation or foreign residence allowance shall be entitled to two and a half days of supplementary leave every year, for the purpose of visiting their home country. ANNEX III COMPENSATORY LEAVE AND REMUNERATION FOR OVERTIME Article 1 Within the limits laid down in Article 48, overtime worked by a staff member in grade AST 1 to AST 4 shall entitle him to compensatory leave or to remuneration as follows: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>For each hour of overtime, he shall be entitled to one hour and a half off as compensatory leave; if the hour of overtime is worked between&#160;22.00 and&#160;7.00 or on a Sunday or on a public holiday, the entitlement to compensatory leave shall be two hours; in the granting of compensatory leave, account shall be taken of the requirements of the service and the preference of the staff member concerned.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Where the requirements of the service do not permit compensatory leave to be taken during the month following that during which the overtime was worked, the AACC shall authorise remuneration for uncompensated hours of overtime at the rate of&#160;0,56 % of the monthly basic salary for each hour of overtime on the basis set out in (a).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>To qualify for compensatory leave or remuneration for one hour's overtime, the extra time worked must have been more than&#160;30 minutes.</p></td></tr></tbody></table> Article 2 If a staff member is travelling on mission, the time taken to reach the place of assignment shall not be treated as overtime for the purposes of this Annex. As regards hours worked at the place of assignment in excess of the normal number of working hours, compensatory leave or remuneration, as the case may be, may be allowed by decision of the AACC. Article 3 Notwithstanding Articles 1 and 2, remuneration for overtime worked by certain groups of staff members in grade AST 1 to AST 4 in special conditions may be paid in the form of a fixed allowance the amount and terms of which shall be determined by the AACC after consulting the Staff Committee. ANNEX IV REMUNERATION AND REIMBURSEMENT OF EXPENSES SECTION 1 Family allowances Article 1 1. The household allowance shall be set at a basic amount of EUR 171,88, plus 2 % of a staff member's basic salary. 2. The household allowance shall be granted to: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>a married staff member;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>a staff member who is widowed, divorced, legally separated or unmarried and has one or more dependent children within the meaning of Article&#160;2(2) and (3);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>a staff member who is registered as a stable non-marital partner, provided that:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the couple produces a legal document recognised as such by a Member&#160;State, or any competent authority of a Member&#160;State, acknowledging their status as non-marital partners;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>neither partner is in a marital relationship or in another non-marital partnership;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>the partners are not related in any of the following ways: parent, child, grandparent, grandchild, brother, sister, aunt, uncle, nephew, niece, son-in-law, daughter-in-law;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iv)</p></td><td><p>the couple has no access to legal marriage in a Member&#160;State; a couple shall be considered to have access to legal marriage for the purposes of this point only where the members of the couple meet all the conditions laid down by the legislation of a Member&#160;State permitting marriage of such a couple;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>by special reasoned decision of the AACC based on supporting documents, a staff member who, while not fulfilling the conditions laid down in points (a), (b) and (c), nevertheless actually assumes family responsibilities.</p></td></tr></tbody></table> 3. If the spouse of a staff member is gainfully employed, with an annual income before deduction of tax, of more than the basic annual salary of a staff member in the second step of grade 3, weighted at the rate for the country where the spouse carries out his or her occupation, the staff member entitled to the household allowance shall not receive this allowance save by special decision of the AACC. The staff member shall, however, be entitled to the allowance where the married couple have one or more dependent children. 4. In cases where, under paragraphs 1, 2 and 3, spouses who are both employed in the service of the Agency are both entitled to the household allowance, this allowance shall be payable only to the person whose basic salary is the higher. 5. If the staff member is entitled to the household allowance only by virtue of paragraph 2(b) and a person other than the staff member has by law or by an order of court or of the competent administrative authority been given custody of all his dependent children within the meaning of Article 2(2) and (3), the household allowance shall be paid to that other person in the name and on behalf of the staff member. This condition shall be deemed to be fulfilled in the case of dependent children who have reached their majority if such children have their normal residence with the other parent. If, however, the staff member's children are in the care of several different persons, the household allowance shall be divided among them according to the number of children in their care. If the person eligible by virtue of the foregoing to receive the household allowance paid in the staff member's name is also eligible to receive this allowance by reason of his or her own status as staff member, that person shall receive the higher of the two allowances only. Article 2 1. A staff member who has one or more dependent children shall, in accordance with paragraphs 2 and 3, receive an allowance of EUR 375,59 per month for each dependent child. 2. ‘Dependent child’ means the legitimate, natural or adopted child of a staff member, or of his spouse, who is actually being maintained by the staff member. The same shall apply to a child for whom an application for adoption has been lodged and the adoption procedure started. Any child whom the staff member has a responsibility to maintain under a judicial decision based on Member States' legislation on the protection of minors shall be treated as a dependent child. The amount referred to in paragraph 1 shall be reviewed each time remuneration is revised pursuant to Article 60. 3. The allowance shall be granted: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>automatically for children under&#160;18 years of age;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>on application, with supporting evidence, by the staff member for children between&#160;18 and&#160;26 who are receiving educational or vocational training.</p></td></tr></tbody></table> 4. Any person whom the staff member has a legal responsibility to maintain and whose maintenance involves heavy expenditure may, exceptionally, be treated as if he were a dependent child by special reasoned decision of the AACC, based on supporting documents. 5. Payment of the allowance in respect of a child prevented by serious illness or invalidity from earning a livelihood shall continue throughout the period of that illness or invalidity, irrespective of age. 6. Not more than one dependent child allowance shall be paid in respect of any one dependent child within the meaning of this Article. 7. If custody of the dependent child within the meaning of paragraphs 2 and 3 has been entrusted by law or by an order of court or of the competent administrative authority to another person, the dependent child allowance shall be paid to that person in the name and on behalf of the staff member. Article 3 1. Subject to the conditions laid down in the general implementing provisions, a staff member shall receive an education allowance equal to the actual education costs incurred by him up to a maximum of EUR 254,83 per month for each dependent child, within the meaning of Article 2(2) of this Annex, who is at least five years old and in regular full-time attendance at a primary or secondary school which charges fees or at an establishment of higher education. The requirement of attendance at a school which charges fees shall not apply to the reimbursement of the cost of school transport. Entitlement to this allowance shall commence on the first day of the month in which the child begins to attend a primary educational establishment and shall cease at the end of the month in which the child finishes its education or at the end of the month in which the child reaches the age of 26, whichever is the earliest. The allowance paid shall be subject to a ceiling of twice the maximum prescribed in the first subparagraph for: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>a staff member whose place of employment is at least&#160;50 km from, either:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>a European school, or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>an educational establishment working in his language which the child attends for imperative educational reasons duly supported by evidence,</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>a staff member whose place of employment is at least&#160;50 km from an establishment of higher education in the country of which he is a national or working in his language, provided that the child actually attends an establishment of higher education at least&#160;50 km from the place of employment and the staff member is entitled to the expatriation allowance; the latter condition shall not apply if there is no such establishment in the country of which the staff member is a national or where the child attends a higher education establishment in a country other than that of the staff member's place of employment,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>in the same condition as in the first and second indents, persons entitled to the allowance who are not in active service, taking account of the place of residence instead of the place of employment.</p></td></tr></tbody></table> The requirement of attendance at a school that charges fees shall not apply to payments under the third subparagraph. If custody of the child in respect of whom the education allowance is paid has been entrusted by law or by an order of court or of the competent administrative authority to another person, the education allowance shall be paid to that person in the name and on behalf of the staff member. In such case, the distance of at least 50 km referred to in the third subparagraph shall be calculated from the place of residence of the person having custody of the child. 2. For each dependent child within the meaning of Article 2(2) of this Annex who is less than five years old or is not yet in regular full-time attendance at a primary or secondary school, the amount of this allowance is fixed at 91,75 per month. That amount shall be reviewed each time remuneration is revised pursuant to Article 60. SECTION 2 Expatriation allowance Article 4 1. An expatriation allowance shall be paid, equal to 16 % of the total amount of the basic salary plus household allowance and the dependent child allowance paid to the staff member: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>to staff members:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>who are not and have never been nationals of the State in whose territory the place where they are employed is situated, and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>who during the five years ending six months before they entered the service did not habitually reside or carry on their main occupation within the European territory of that State. For the purposes of this provision, circumstances arising from work done for another State or for an international organisation shall not be taken into account;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>to staff members who are or have been nationals of the State in whose territory the place where they are employed is situated but who during the&#160;10 years ending at the date of their entering the service habitually resided outside the European territory of that State for reasons other than the performance of duties in the service of a State or of an international organisation.</p></td></tr></tbody></table> The expatriation allowance shall not be less than EUR 509,43 per month. 2. A staff member who is not and has never been a national of the State in whose territory he is employed and who does not fulfil the conditions laid down in paragraph 1 shall be entitled to a foreign residence allowance equal to one quarter of the expatriation allowance. 3. For the purposes of paragraphs 1 and 2, a staff member who has, by marriage, automatically acquired, without the possibility of renouncing it, the nationality of the State in whose territory his or her place of employment is situated, shall be treated in the same way as a staff member covered by the first indent of paragraph 1(a). SECTION 3 Reimbursement of expenses A. INSTALLATION ALLOWANCE Article 5 1. An installation allowance equal to two months' basic salary in the case of a staff member who is entitled to the household allowance, and equal to one month's basic salary in other cases, shall be paid to an established staff member who furnishes evidence that a change in the place of residence was required in order to satisfy the requirements of Article 23. In cases where spouses who are both staff members are both entitled to the installation allowance, this shall be payable only to the person whose basic salary is the higher. The installation allowance shall be weighted at the rate fixed for the place where the staff member is employed. 2. An installation allowance of the same amount shall be paid to any staff member who is transferred to a new place of employment and is thereby obliged to change his place of residence in order to comply with Article 23. 3. The installation allowance shall be calculated by reference to the staff member's marital status and salary either on the effective date of his establishment or on the date of his transfer to a new place of employment. The installation allowance shall be paid on production of documents establishing the fact that the staff member, together with his family if he is entitled to the household allowance, has settled at the place where he is employed. 4. A staff member who is entitled to the household allowance and does not settle with his family at the place where he is employed shall receive only half the allowance to which he would otherwise be entitled; the second half shall be paid when his family settles at the place where he is employed, provided that it does so within the periods laid down in Article 9(3). Where the staff member is transferred to the place where his family resides before his family has settled at the place where he is employed, he shall not thereby be entitled to an installation advance. 5. An established staff member who has received an installation allowance and who voluntarily leaves the service of the Agency within two years from the date of entering it shall, on leaving the service, refund part of the allowance, in proportion to the unexpired portion of that two-year period. 6. A staff member in receipt of installation allowance shall declare any allowance of like nature which he receives from other sources; such latter allowances shall be deducted from the allowance provided for in this Article. B. RESETTLEMENT ALLOWANCE Article 6 1. An established staff member who provides evidence of a change of residence shall be entitled on termination of service to a resettlement allowance equal to two months' basic salary in the case of a staff member who is entitled to the household allowance or to one month's basic salary in other cases, provided that he has completed four years of the service and does not receive a similar allowance in his new employment. In cases where spouses who are both staff members are both entitled to the resettlement allowance, this allowance shall be payable only to the person whose basic salary is the higher. For the purpose of calculating his service, account shall be taken of years spent in active employment, leave for military service and parental leave or family leave. The resettlement allowance shall be weighted at the rate fixed for the place where the staff member was last employed. 2. In the event of the death of an established staff member, the resettlement allowance shall be paid to the surviving spouse or, in the absence of such a person, to the dependants within the meaning of Article 2, even if the requirement as to length of service laid down in paragraph 1 of this Article is not satisfied. 3. The resettlement allowance shall be calculated by reference to the staff member's marital status and salary at the date of termination of service. 4. The resettlement allowance shall be paid against evidence that the staff member and his family, or, where the staff member has died, his family only, have resettled at a place situated not less than 70 km from the place where the staff member was employed. Resettlement of a staff member or of the family of a deceased staff member shall take place within three years of the date of termination of his service. This time-limit shall not apply as against persons entitled under him who can prove that they were unaware of the foregoing provisions. C. TRAVEL EXPENSES Article 7 1. A staff member shall be entitled to a flat-rate payment corresponding to the cost of travel for himself, his spouse and his dependants actually living in his household: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>on taking up his appointment, from the place where he was recruited to the place where he is employed;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>on termination of service within the meaning of Article&#160;96, from the place where he is employed to the place of origin as defined in paragraph&#160;3 of this Article;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>on any transfer involving a change in the place where he is employed.</p></td></tr></tbody></table> In the event of the death of a staff member, the surviving spouse and the dependants shall be entitled to the flat-rate payment under the same conditions. Travel expenses for children aged less than two years during the entire calendar year shall not be reimbursed. 2. The flat-rate payment shall be based on an allowance per kilometre of geographical distance between the places referred to in paragraph 1. The kilometric allowance shall be: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0 for every km from&#160;0 to&#160;200 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,1895 for every km from&#160;201 to&#160;1&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,3158 for every km from&#160;1&#160;001 to&#160;2&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,1895 for every km from&#160;2&#160;001 to&#160;3&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,0631 for every km from&#160;3&#160;001 to&#160;4&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,0305 for every km from&#160;4&#160;001 to&#160;10&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0 for every km over&#160;10&#160;000 km.</p></td></tr></tbody></table> To the above kilometric allowance a flat-rate supplement shall be added, amounting to: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;94,74 if the geographical distance between the places referred to in paragraph&#160;1 is between&#160;600 km and&#160;1&#160;200 km,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;189,46 if the geographical distance between the places referred to in paragraph&#160;1 is greater than&#160;1&#160;200 km.</p></td></tr></tbody></table> The above kilometric allowances and flat-rate supplements shall be updated every year in the same proportion as remuneration. A staff member's place of origin shall be determined when he takes up his appointment, account being taken in principle of where he was recruited or, upon an express and motivated request, the centre of his interests. The place of origin as so determined may by special decision of the AACC be changed while the staff member is in service or when he leaves the service. While he is in the service, however, such decision shall be taken only exceptionally and on production by the staff member of appropriate supporting evidence. The effect of such a change shall not, however, be such as to recognise as the centre of the staff member's interests, a place which is outside the territories of the Member States as well as outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association. Article 8 1. Staff members entitled to the expatriation or foreign residence allowance shall be entitled, within the limit set out in paragraph 2, in each calendar year to a flat-rate payment corresponding to the cost of travel from the place of employment to the place of origin as defined in Article 7 for themselves and, if they are entitled to the household allowance, for the spouse and dependants within the meaning of Article 2. Where both spouses are staff members of the Agency, each has the right in respect of himself or herself and in respect of dependants to the flat-rate payment of travelling expenses, in accordance with the above provisions; each dependant shall be entitled to one payment only. The payment in respect of dependent children is fixed at the request of the husband or wife, on the basis of the place of origin of one or other of them. Where a staff member marries during a given year and thereby becomes entitled to the household allowance, the travel expenses payable for the spouse shall be calculated in proportion to the period from the date of the marriage to the end of the year. Any alteration to the basis of calculation which may arise from changes in family status after the date of payment of the sums in question shall not render the staff member concerned liable to make repayment. Travel expenses for children aged less than two years during the entire calendar year shall not be reimbursed. 2. The flat-rate payment shall be based on an allowance per kilometre of geographical distance between the staff member's place of employment and his place of origin. Where the place of origin, as defined in Article 7, is outside the territories of the Member States as well as outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association, the flat-rate payment shall be based on an allowance per kilometre of geographical distance between the staff member's place of employment and the capital city of the Member State whose nationality he holds. Staff members whose place of origin is outside the territories of the Member States as well as outside the countries and territories listed in Annex II to the Treaty on the Functioning of the European Union and the territories of the Member States of the European Free Trade Association and who are not nationals of one of the Member States shall not be entitled to the flat-rate payment. The kilometric allowance shall be: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0 for every km from&#160;0 to&#160;200 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,3820 for every km from&#160;201 to&#160;1&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,6367 for every km from&#160;1&#160;001 to&#160;2&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,3820 for every km from&#160;2&#160;001 to&#160;3&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,1272 for every km from&#160;3&#160;001 to&#160;4&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0,0614 for every km from&#160;4&#160;001 to&#160;10&#160;000 km</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;0 for every km over&#160;10&#160;000 km.</p></td></tr></tbody></table> To the above kilometric allowance a flat-rate supplement shall be added amounting to: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;191,00 if the distance by train between the place of employment and the place of origin is between&#160;725 km and&#160;1&#160;450 km,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EUR&#160;381,96 if the distance by train between the place of employment and the place of origin is greater than&#160;1&#160;450 km.</p></td></tr></tbody></table> The above kilometric allowances and flat-rate supplements shall be updated every year in the same proportion as remuneration. 3. A staff member whose service is terminated in the course of a calendar year for any reason other than death or who is on leave on personal grounds during part of the year shall, if he is in active employment in the service of an institution of the European Union for less than nine months of that year, be entitled only to part of the flat-rate payment provided for in paragraphs 1 and 2, calculated in proportion to the time spent in active employment. 4. Paragraphs 1 to 3 shall apply to staff members whose place of employment is within the territories of the Member States. Staff members whose place of employment is outside the territory of the Member States shall be entitled for themselves and, if they are entitled to receive the household allowance, for their spouse and other dependants within the meaning of Article 2, in each calendar year, to a flat-rate payment for travel expenses to their place of origin, or to repayment of travel expenses to another place not exceeding the expense of travel to the place of origin. However, if the spouse and the persons referred to in Article 2(2) do not live with the staff member at the place of employment, they shall be entitled each calendar year to reimbursement of travel expenses from the place of origin to the place of employment or to another place not exceeding the cost of the former journey. The flat-rate payment shall be based on the cost of air travel in economy class. D. REMOVAL EXPENSES Article 9 1. Within the limits of cost ceilings, staff members obliged to change the place of residence in order to comply with Article 23 upon entry into service or on a subsequent change of place of employment while in service and who have not been reimbursed in respect of the same expenses from another source, shall be entitled to the reimbursement of expenses incurred in respect of the removal of furniture and personal effects, including the cost of insurance against ordinary risks (notably breakage, theft, fire). The ceilings shall take into account the staff member's family situation at the time of the removal, and the average costs of removal and associated insurance. General implementing provisions shall be adopted by the AACC of each institution to give effect to this paragraph. 2. On termination of service or on death of a staff member, the expenses incurred in respect of removal from the place where he was employed to his place of origin shall be reimbursed within the limits defined in paragraph 1. Where the deceased staff member was unmarried, the expenses shall be reimbursed to those entitled under him. 3. In the case of an established staff member, removal shall be effected within one year of the end of his probationary period. On termination of service, removal shall be effected within three years as provided in the second subparagraph of Article 6(4). Removals effected after the expiry of the time limits set out above shall be reimbursed only in exceptional cases and by special decision of the AACC. E. DAILY SUBSISTENCE ALLOWANCE Article 10 1. Where a staff member furnishes evidence that a change in the place of residence is required in order to comply with Article 23, such staff member shall be entitled for a period specified in paragraph 2 of this Article to a subsistence allowance per calendar day as follows: Staff member entitled to receive household allowance: EUR 39,48. Staff member not entitled to receive household allowance: EUR 31,83. The above scale shall be reviewed each time remuneration are revised pursuant to Article 60. 2. The period in respect of which the daily subsistence allowance is granted shall be as follows: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in the case of a staff member who is not entitled to the household allowance: 120 days;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in the case of a staff member who is entitled to the household allowance: 180 days or, if the staff member is a probationer, the period of probation plus one month.</p></td></tr></tbody></table> In cases where spouses who are both staff members are both entitled to the basic subsistence allowance, the period in respect of which it is granted as laid down in subparagraph (b) shall apply to the person whose basic salary is the higher. The period laid down in subparagraph (a) shall apply to the other person. In no case shall the daily subsistence allowance be granted beyond the date on which the staff member removes in order to satisfy the requirements of Article 23. F. MISSION EXPENSES Article 11 1. A staff member travelling on mission and holding an appropriate travel order shall be entitled to reimbursement of travel expenses and to daily subsistence allowance in accordance with the following provisions. 2. The travel order shall state the probable duration of the mission, on the basis of which shall be calculated any advance which the staff member may draw against the daily subsistence allowance. Save where a special decision is taken, no advance shall be payable where the mission is not expected to involve an absence of more than 24 hours and is to be carried out in a country using the same currency as that used in the place where the staff member is employed. 3. Save in special cases, to be determined by special decision and in particular where a staff member is called back from leave, the reimbursement of mission expenses shall be limited to the cost of the most economical journey between the place of employment and the place of mission which does not require the staff member on mission to extend his stay significantly. Article 12 1. Travel by rail Travel expenses for missions carried out by rail shall be reimbursed on presentation of supporting documents on the basis of the cost of transport in first class by the shortest route between the place of employment and the place of the mission. 2. Travel by air Staff members shall be authorised to travel by air if the outward and return journeys by rail would total at least 800 kilometres. 3. Travel by sea The AACC shall authorise in each case and on the basis of the length and cost of the journey the classes to be used and the cabin supplements which may be reimbursed. 4. Travel by car Travel costs shall be reimbursed in the form of a lump sum based on the rail cost, in accordance with paragraph 1; no other supplement shall be paid. In the case of a staff member travelling on mission in special circumstances, however, the AACC may decide to grant that staff member an allowance per kilometre covered instead of the reimbursement of travel costs provided for above, if the use of public transport presents clear disadvantages. Article 13 1. The daily subsistence allowance for missions shall comprise a flat-rate sum to cover all expenses incurred by the person on mission: breakfast, two main meals and incidental expenses, including local travel. Accommodation costs, including local taxes, shall be reimbursed up to a maximum fixed for each country, on production of supporting documents. <table><col/><col/><tbody><tr><td><p>2.</p></td><td><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>The scale for the Member&#160;States is as follows:</p><table><col/><col/><col/><tbody><tr><td><p>Destinations</p></td><td><p>Daily allowance</p><p>(in EUR)</p></td><td><p>Hotel Ceiling</p><p>(in EUR)</p></td></tr><tr><td><p>Austria</p></td><td><p>95</p></td><td><p>130</p></td></tr><tr><td><p>Belgium</p></td><td><p>92</p></td><td><p>140</p></td></tr><tr><td><p>Bulgaria</p></td><td><p>58</p></td><td><p>169</p></td></tr><tr><td><p>Croatia</p></td><td><p>60</p></td><td><p>120</p></td></tr><tr><td><p>Czech Republic</p></td><td><p>55</p></td><td><p>175</p></td></tr><tr><td><p>Cyprus</p></td><td><p>93</p></td><td><p>145</p></td></tr><tr><td><p>Denmark</p></td><td><p>120</p></td><td><p>150</p></td></tr><tr><td><p>Estonia</p></td><td><p>71</p></td><td><p>110</p></td></tr><tr><td><p>Finland</p></td><td><p>104</p></td><td><p>140</p></td></tr><tr><td><p>France</p></td><td><p>95</p></td><td><p>150</p></td></tr><tr><td><p>Germany</p></td><td><p>93</p></td><td><p>115</p></td></tr><tr><td><p>Greece</p></td><td><p>82</p></td><td><p>140</p></td></tr><tr><td><p>Spain</p></td><td><p>87</p></td><td><p>125</p></td></tr><tr><td><p>Hungary</p></td><td><p>72</p></td><td><p>150</p></td></tr><tr><td><p>Ireland</p></td><td><p>104</p></td><td><p>150</p></td></tr><tr><td><p>Italy</p></td><td><p>95</p></td><td><p>135</p></td></tr><tr><td><p>Latvia</p></td><td><p>66</p></td><td><p>145</p></td></tr><tr><td><p>Lithuania</p></td><td><p>68</p></td><td><p>115</p></td></tr><tr><td><p>Luxembourg</p></td><td><p>92</p></td><td><p>145</p></td></tr><tr><td><p>Malta</p></td><td><p>90</p></td><td><p>115</p></td></tr><tr><td><p>Netherlands</p></td><td><p>93</p></td><td><p>170</p></td></tr><tr><td><p>Poland</p></td><td><p>72</p></td><td><p>145</p></td></tr><tr><td><p>Portugal</p></td><td><p>84</p></td><td><p>120</p></td></tr><tr><td><p>Romania</p></td><td><p>52</p></td><td><p>170</p></td></tr><tr><td><p>Slovenia</p></td><td><p>70</p></td><td><p>110</p></td></tr><tr><td><p>Slovakia</p></td><td><p>80</p></td><td><p>125</p></td></tr><tr><td><p>Sweden</p></td><td><p>97</p></td><td><p>160</p></td></tr><tr><td><p>United Kingdom</p></td><td><p>101</p></td><td><p>175</p></td></tr></tbody></table><p>Where a staff member on mission is provided with a meal or accommodation free of charge or reimbursed by one of the Union institutions, an administration or outside body, this must be declared. A corresponding deduction will then be made.</p></td></tr><tr><td><p>(b)</p></td><td><p>The scale for missions in countries outside the European territory of the Member&#160;States shall be fixed and adjusted periodically by the AACC.</p></td></tr></tbody></table></td></tr></tbody></table> 3. The rates set out in paragraph 2(a) of this Article shall be reviewed every two years on basis of the review taking place pursuant to Article 13(3) of Annex VII to the EU Staff Regulations. Article 14 Detailed rules for the application of Articles 11, 12 and 13 shall be laid down by the Agency. G. FIXED REIMBURSEMENT OF EXPENSES Article 15 1. Staff members who, by reason of their duties, regularly incur entertainment expenses may be granted a fixed rate allowance by the AACC, which shall determine the amount thereof. In special cases, the AACC may in addition decide that part of the cost of accommodation for the staff member concerned also be borne by the Agency. 2. In the case of staff members who, as a result of special instructions, occasionally incur entertainment expenses for official purposes, the amount of the entertainment allowance shall be determined in each instance on the basis of supporting documents and on terms to be laid down by the AACC. Article 16 By decision of the AACC, senior management staff (Director-General or their equivalent in grade AD 16 or AD 15 and Directors or their equivalent in grade AD 15 or AD 14) who do not have an official car at their disposal may receive a fixed allowance, not exceeding EUR 892,42 a year to cover normal travel within the boundaries of the town where they are employed. The allowance may, by reasoned decision of the AACC, be granted to a staff member whose duties constantly require him to make journeys for which he is authorised to use his own car. SECTION 4 Payment of sums due Article 17 1. Payment of remuneration to staff members shall be made on the 15th day of each month for the month then current. The amount of remuneration shall be rounded off to the nearest cent above. 2. Where remuneration is not due in respect of a complete month, the amount shall be divided into thirtieths, and: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>where the actual number of days payable is&#160;15 or less, the number of thirtieths due shall equal the actual number of days payable;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>where the actual number of days payable is more than&#160;15, the number of thirtieths due shall equal the difference between the actual number of days not payable and&#160;30.</p></td></tr></tbody></table> 3. Where entitlement to family allowances and expatriation allowances commences after the date of entering the service, the staff member shall receive these from the first day of the month in which such entitlement commences. On cessation of such entitlement, the staff member shall receive the sum due up to the last day of the month in which entitlement ceases. Article 18 1. Payment shall be made to each staff member at the place and in the currency of the country where he carries out his duty or, at the request of the staff member, in euros in a bank within the Union. 2. Under the conditions laid down in rules fixed by the AACC, by common consent after consulting the Staff Committee, staff members may apply for special regular transfer of part of their remuneration. Under the first sentence of this paragraph the following may be transferred, separately or in combination: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>for children attending an education establishment in another Member&#160;State, a maximum amount per dependent child equal to the amount of the education allowance actually received for that child;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>on production of valid supporting documents, regular payments to all other persons residing in the relevant Member&#160;State to whom the staff member provides evidence of having an obligation by virtue of a decision of the courts or the competent administrative authority.</p></td></tr></tbody></table> The transfers referred to in point (b) may not exceed 5 % of the staff member's basic salary. 3. The transfers provided for in paragraph 2 of this Article shall be made, in the currency of the relevant Member State, at the same exchange rate as those referred to in the second paragraph of Article 63 of the EU Staff Regulations. The amounts transferred shall be multiplied by a coefficient representing the difference between the correction coefficient for the country to which the transfer is made as defined in point (b) of Article 3(5) of Annex XI to the EU Staff Regulations and the correction coefficient applied to the remuneration of the staff member as referred to in point (a) of Article 3(5) of Annex XI to the EU Staff Regulations. 4. Apart from the transfers referred to in paragraphs 1 to 3, a staff member may request a regular transfer to another Member State in local currency at the monthly exchange rate, without application of any coefficient. This transfer may not exceed 25 % of the staff member's basic salary. ANNEX V SEVERANCE GRANT AND PENSION CHAPTER 1 Severance grant Article 1 1. A staff member whose service terminates otherwise than by reason of death or invalidity shall be entitled on leaving the service: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>where he has completed less than one year's service, to payment of a severance grant equal to three times the amounts withheld from his basic salary in respect of his pension contributions, after deduction of any amounts paid under Articles&#160;91 and&#160;132;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in other cases, he shall be entitled to:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>to have the actuarial equivalent of his retirement pension rights in the Agency, updated to the actual date of transfer, transferred to the pension fund of an administration or organisation or to the pension fund under which he acquires retirement pension rights by virtue of the activity pursued in an employed or self-employed capacity, or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>to the payment of the actuarial equivalent of such benefits to a private insurance company or pension fund of their choice, on condition such company or fund guarantees that:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the capital will not be repaid;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>a monthly income will be paid from age&#160;60 at the earliest, and age&#160;66 at the latest;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>provisions are included for reversion or survivors' pensions;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iv)</p></td><td><p>transfer to another insurance company or other fund will be authorised only if such fund fulfils the conditions laid down in points (i), (ii) and (iii).</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> 2. By way of derogation from point (b) of paragraph 1, a staff member who, since taking up his duties, has, in order to establish or maintain pension rights, paid into a national pension scheme, a private insurance scheme or a pension fund of his choice which satisfies the requirements set out in paragraph 1, and whose service terminates for reasons other than death or invalidity, shall be entitled, on leaving the service, to a severance grant equal to the actuarial value of his pension rights acquired during service in the Agency. In such cases the payments made in order to establish or maintain his pension rights under the national pension scheme in accordance with Article 91 or 132 shall be deducted from the severance grant. 3. Where a staff member's service has been terminated by removal from his post, the severance grant to be paid or, as the case may be, the actuarial equivalent to be transferred shall be determined by reference to the decision taken in accordance with Article 147. CHAPTER 2 Invalidity allowance Article 2 1. Subject to the provisions of Article 76, a staff member aged less than 65 years who at any time during the period in which he is acquiring pension rights is recognised by the Invalidity Committee to be suffering from total permanent invalidity preventing him from performing the duties corresponding to a post in his career bracket, and who is obliged on these grounds to end his service with the Agency shall be entitled, for so long as such incapacity persists, to invalidity allowance as provided for in Article 77. 2. Persons in receipt of an invalidity allowance may not engage in gainful employment without the prior authorisation of the AACC. Any income from such gainful employment which, in combination with the invalidity allowance, exceeds the final total remuneration received while in active service as determined on the basis of the salary scale in force on the first day of the month in which the allowance is to be paid shall be deducted from the invalidity allowance. The recipient of the allowance shall be required to provide on request any written proof which may be requested and to notify the Agency of any factor that may affect entitlement to the allowance. Article 3 While a former staff member drawing invalidity allowance is aged less than the pensionable age, the Agency may have him medically examined periodically to ascertain that he still satisfies the requirements for payment of the allowance. CHAPTER 3 Survivor's pension Article 4 Where a staff member dies being on active employment, leave on personal grounds, leave for military service, parental leave or family leave, the surviving spouse shall be entitled, provided that the couple were married for at least one year at the time of his death and subject to the provisions of Article 76 of these Staff Regulations and Article 11 of this Annex, to the survivor's pension equal to 60 % of the retirement pension rights acquired for the staff member at the time of death. The duration of the marriage shall not be taken into account if there are one or more children of the marriage or of a previous marriage of the staff member, provided that the surviving spouse maintains or has maintained those children, or if the staff member's death resulted either from physical disability or sickness contracted in the performance of his duties or from accident. Article 5 Where a former staff member was in receipt of invalidity allowance the surviving spouse shall be entitled, subject to the provisions of Article 8, provided that the couple were married when the staff member became eligible for the allowance, to a survivor's pension equal to 60 % of the invalidity allowance which the spouse was receiving at the time of death. The minimum survivor's pension shall be 35 % of the final basic salary; the amount of the survivor's pension shall in no case, however, exceed the amount of the invalidity allowance which the spouse was receiving at the time of death. Article 6 For purpose of Articles 4 and 5, the duration of the marriage shall not be taken into account where the marriage, though contracted after termination of the staff member's service, has lasted at least five years. Article 7 1. The orphan's pension provided for in the first, second and third subparagraphs of Article 82 of these Staff Regulations shall for the first orphan be equal to eight tenths of the survivor's pension to which the surviving spouse of a staff member or former staff member in receipt of an invalidity allowance would have been entitled, the reductions set out in Article 10 of this Annex, being disregarded. It shall not be less than the minimum subsistence figure, subject to the provisions of Article 8 of this Annex. 2. The pension shall be increased, for each dependent child after the first, by an amount equal to twice the dependent child allowance. Orphans shall be entitled to education allowance in accordance with Article 3 of Annex IV. 3. The total amount of pension and allowance calculated in this way shall be divided equally among the orphans entitled. Article 8 Where a staff member leaves a surviving spouse and also orphans of a previous marriage or other persons entitled under him, the total pension, calculated as if for a surviving spouse having all these persons dependent on him, shall be apportioned among the various persons concerned in proportion to the pensions which would have been payable to each category of them if treated separately. Where a staff member leaves orphans of different marriages, the total pension, calculated as though all the children were of the same marriage, shall be apportioned among the various persons concerned in proportion to the pensions which would have been payable to each category of them if treated separately. For the purposes of calculating this apportionment, children of a previous marriage of either spouse, who are recognised as dependants within the meaning of Article 2 of Annex IV shall be included in the category of children of the marriage to the staff member or former staff member in receipt of an invalidity allowance. In the case envisaged in the second paragraph of this Article, ascendants who are recognised as being dependants as provided for in Article 2 of Annex IV shall be treated in the same way as dependent children and, for the purpose of calculating the apportionment, included in the category of descendants. Article 9 The right to receive payment of survivor's pension shall have effect from the first day of the calendar month following that in which the staff member or former staff member in receipt of an invalidity allowance died. However, where the payment provided for in Article 60(8) is made on the death of the staff member or of the person entitled to a pension, such right shall take effect on the first day of the fourth month following that in which death occurred. The right to receive payment of survivor's pension shall cease at the end of the calendar month in which the recipient of the pensions dies or ceases to satisfy the requirements for payment of the pension. Similarly the right to an orphan's pension shall cease if the recipient ceases to be regarded as a dependent child within the meaning of Article 2 of Annex IV. Article 10 Where the difference in age between the deceased staff member or former staff member in receipt of an invalidity allowance and his surviving spouse, less the length of time they have been married, is more than 10 years, the survivor's pension, calculated in accordance with the preceding provisions, shall be subject to a reduction, per full year of difference, amounting to: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>1 %, for the years between&#160;10 and&#160;20,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>2 %, for the years&#160;20 up to but not including&#160;25,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>3 %, for the years&#160;25 up to but not including&#160;30,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>4 %, for the years&#160;30 up to but not including&#160;35,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>5 %, for the years from&#160;35 upwards.</p></td></tr></tbody></table> Article 11 A surviving spouse's entitlement to survivor's pension shall cease on remarriage. He or she shall be entitled to immediate payment of a capital sum equal to twice the annual amount of his survivor's pension, provided that the second paragraph of Article 82 does not apply. Article 12 The divorced spouse of a staff member or a former staff member shall be entitled to a survivor's pension, as defined in this Chapter, provided that, on the death of the former spouse, he/she can justify entitlement on his/her own account to receive maintenance from him by virtue of a court order or as a result of an officially registered settlement in force between himself/herself and his/her former spouse. The survivor's pension may not, however, exceed the amount of maintenance paid at the time of death of the former spouse, the amount having been adjusted in accordance with the procedure laid down in Article 85. The divorced spouse's entitlement shall cease if he or she remarries before the former spouse dies. Article 11 of this Annex shall apply in the event of remarriage after the death of the former spouse. Article 13 Where the deceased staff member leaves more than one divorced spouse entitled to survivor's pension or one or more divorced spouses and a surviving spouse entitled to a survivor's pension, that pension shall be divided in proportion to the respective duration of the marriages. The provisions of the second and third paragraphs of Article 12 of this Annex shall apply. If any of the persons entitled to pension dies or renounces his or her share, that share shall accrue to the shares of the other persons, except where there are orphans' rights under the second paragraph of Article 82. Reductions in respect of difference in age, as provided for in Article 10 of this Annex, shall be applied separately to pensions divided in accordance with this Article. Article 14 Where under Article 19 of this Annex the divorced spouse ceases to be entitled to a pension, the total pension shall be payable to the surviving spouse, provided the second paragraph of Article 82 of these Staff Regulations does not apply. CHAPTER 4 Provisional pensions Article 15 The spouse or persons recognised as dependants of a staff member being on active employment, leave on personal grounds, leave for military service, parental leave or family leave whose whereabouts are unknown for more than one year provisionally receive the survivor's pension to which they would be entitled under this Annex. Article 16 The spouse or persons recognised as dependants of a former staff member in receipt of invalidity allowance whose whereabouts are unknown for more than one year may provisionally receive the survivor's pension to which they would be entitled under this Annex. Article 17 The provisions of Article 16 shall apply to persons recognised as a dependant of a person in receipt of or entitled to a survivor's pension whose whereabouts are unknown for more than one year. Article 18 Provisional pensions under Articles 15, 16 and 17 shall be converted into definitive pensions when the death of the staff member or former staff member has been duly confirmed or he has been legally declared missing, presumed dead. CHAPTER 5 Pension increases in respect of dependent children Article 19 The provisions of the second paragraph of Article 81 of these Staff Regulations shall apply to persons in receipt of a provisional pension. Articles 81 and 82 shall also apply to children born less than 300 days after the death of the staff member or former staff member in receipt of an invalidity allowance. Article 20 The award of a survivor's pension or of an invalidity allowance or of a provisional pension shall not entitle the pensioner to expatriation allowance. Article 21 Salaries and invalidity allowances shall in all cases be subject to deduction of the contribution of the pension scheme provided for in Articles 78 to 88. Article 22 Staff members on leave on personal grounds who are continuing to acquire further pension rights on the conditions laid down in Article 57(3) shall continue to pay the contribution referred to in Article 21 of this Annex on the basis of the salary carried by this step and grade. All benefits to which any such staff member or those entitled under him may be entitled under this pension scheme shall be calculated on the basis of such salary. Article 23 Contributions properly deducted shall not be refunded. Contributions wrongly deducted shall not confer the right to receive a pension; they shall be reimbursed without interest at the request of the staff member or of those entitled under him. CHAPTER 6 Calculation of pension Article 24 The Agency shall be responsible for calculating the amount of survivor's or provisional pension or invalidity allowance. A detailed statement of the calculation shall be communicated to the staff member or to those entitled under him, at the same time as the decision awarding the pension. An invalidity allowance shall not be paid concurrently with the salary payable from the general budget of the Agency. Similarly, it shall be incompatible with any remuneration derived from a post in one of the Union institutions or agencies. Article 25 The amount of pension may at any time be calculated afresh if there has been error or omission of any kind. Pensions shall be liable to modification or withdrawal if the award was contrary to the provisions of these Staff Regulations or of this Annex. Article 26 Where a staff member or former staff member in receipt of an invalidity allowance dies and those entitled under him do not apply for their pension or allowance within one year from the date of his death, they shall lose their entitlement, save where force majeure is duly established. Article 27 A former staff member or those entitled under him in favour of whom benefits arise under this pension scheme shall furnish such written proof as may be required and inform the Agency of any facts liable to affect their entitlement. Article 28 Where a staff member has been temporarily deprived, in whole or in part, of his pension rights under Article 147, he shall be entitled to claim reimbursement in proportion to the amount by which his pension has been reduced of the pension contributions he has paid. CHAPTER 7 Payments of benefits Article 29 Benefits under this pension scheme shall be paid monthly in arrears. These benefits shall be provided by the Agency. For pensioners residing in the European Union, benefits shall be paid in euro into a bank in the Member State of residence. For pensioners residing outside the Union, pensions shall be paid, in euro into a bank in the country of residence. The pension may by way of exception be paid in euro into a bank in the country where the Agency has its headquarters, or in foreign currency in the country of residence of the pensioner, converted at the most up-to-date exchange rates used for the implementation of the budget of the Agency. This Article shall apply by analogy to the recipients of an invalidity allowance. ANNEX VI TYPES OF POSTS IN EACH FUNCTION GROUP, AS PROVIDED FOR IN ARTICLE 7(3) <table><col/><col/><tbody><tr><td>1.&#160;&#160;&#160;<p>Function group AD</p></td></tr><tr/><tr><td><p>Chief Executive</p></td><td><p>AD&#160;16</p></td></tr><tr><td><p>Deputy Chief Executive</p></td><td><p>AD&#160;15</p></td></tr><tr><td><p>Director</p></td><td><p>AD&#160;14</p></td></tr><tr><td><p>Deputy Director or equivalent</p></td><td><p>AD&#160;13</p></td></tr><tr><td><p>Head of unit or equivalent</p></td><td><p>AD&#160;9 &#8212; AD&#160;13</p></td></tr><tr><td><p>Administrator</p></td><td><p>AD&#160;5 &#8212; AD&#160;12</p></td></tr><tr><td>2.&#160;&#160;&#160;<p>Function group AST</p></td></tr><tr/><tr><td><p>AST Senior assistant</p><p>Carrying out administrative, technical or training activities requiring a high degree of autonomy and carrying significant responsibilities in terms of staff management, budget implementation or political coordination.</p></td><td><p>AST&#160;10 &#8212; AST&#160;11</p></td></tr><tr><td><p>Assistant</p><p>Carrying out administrative, technical or training activities requiring a certain degree of autonomy, in particular with regard to the implementation of rules and regulations or general instructions or as personal assistant of a Member of the Agency, of the Head of a Member's private office or of a (Deputy) Director-General or an equivalent senior manager.</p></td><td><p>AST&#160;1 &#8212; AST&#160;9</p></td></tr><tr><td>3.&#160;&#160;&#160;<p>Function group AST/SC</p></td></tr><tr/><tr><td><p>Secretary/Clerk</p><p>Carrying out clerical and secretarial tasks, office management and other equivalent tasks requiring a certain degree of autonomy</p></td><td><p>SC&#160;1 &#8212; SC&#160;6</p></td></tr></tbody></table>
ENG
32016D1351
<table><col/><col/><col/><col/><tbody><tr><td><p>27.1.2015&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 20/40</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2015/115 of 26 January 2015 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 1384/2007 for poultrymeat originating in Israel 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(2) and (3) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Commission Regulation (EC) No 1384/2007<a>&#160;(<span>2</span>)</a> opened annual tariff quotas for imports of poultrymeat products originating in Israel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>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 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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>In order to ensure the efficiency of the measure, this Regulation should enter into force on the day of its publication in the<span>Official Journal of the European Union</span>,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The quantities for which import licence applications have not been lodged pursuant to Regulation (EC) No 1384/2007, 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, 26 January 2015. 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 1384/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel ( OJ L 309, 27.11.2007, p. 40 ). ANNEX <table><col/><col/><tbody><tr><td><p>Order No</p></td><td><p>Quantities not applied for, to be added to the quantities available for the subperiod from 1 April to 30 June 2015</p><p>(in kg)</p></td></tr><tr><td><p>09.4091</p></td><td><p>140&#160;000</p></td></tr><tr><td><p>09.4092</p></td><td><p>830&#160;000</p></td></tr></tbody></table>
ENG
32015R0115
<table><col/><col/><col/><col/><tbody><tr><td><p>30.5.2018&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 132/40</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2018/785 of 29 May 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance thiamethoxam (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 21(3), Article 49(2) and Article 78(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The active substance thiamethoxam was included in Annex I to Council Directive 91/414/EEC&#160;<a>(<span>2</span>)</a> by Commission Directive 2007/6/EC&#160;<a>(<span>3</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Active substances included in Annex I to Directive 91/414/EEC are deemed to have been approved under Regulation (EC) No 1107/2009 and are listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011&#160;<a>(<span>4</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Commission Implementing Regulation (EU) No 485/2013&#160;<a>(<span>5</span>)</a> amended the conditions of approval of the active substance thiamethoxam and required the applicant to provide confirmatory information as regards:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the risk to pollinators other than honey bees;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the risk to honey bees foraging in nectar or pollen in succeeding crops;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the potential uptake via roots to flowering weeds;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the risk to honey bees foraging on insect honey dew;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>the potential guttation exposure and the acute and the long-term risk to colony survival and development, and the risk to bee brood resulting from such exposure;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>the potential exposure to dust drift following drill and the acute and the long-term risk to colony survival and development, and the risk to bee brood resulting from such exposure;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>the acute and long term risk to colony survival and development and the risk to bee brood for honeybees from ingestion of contaminated nectar and pollen.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The applicant submitted additional information concerning bees (i.e. honey bees, bumble bees and solitary bees) to the rapporteur Member State Spain.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Spain assessed the additional information submitted by the applicant. It submitted its assessment, in the form of an addendum to the draft assessment report, to the other Member States, the Commission and the European Food Safety Authority (&#8216;the Authority&#8217;) on 12&#160;November 2015.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The Member States, the applicant and the Authority were consulted and asked to provide comments on the assessment of the rapporteur Member State. The Authority published a Technical Report summarising the outcome of this consultation for thiamethoxam on 20&#160;April 2016&#160;<a>(<span>6</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>As foreseen in recital (16) of Implementing Regulation (EU) No 485/2013, the Commission initiated a review of new scientific information on 11&#160;February 2015 by mandating EFSA to organise an open call for data. EFSA launched an open call for data which ended on 30&#160;September 2015&#160;<a>(<span>7</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>On 13&#160;November 2015, the Commission requested EFSA to provide conclusions concerning an updated risk assessment for bees as regards the use of thiamethoxam applied as a seed treatment or granules by organising a peer review and taking into account the data collected in the framework of the specific open call for data and any other new data from studies, research and monitoring activities that are relevant to the uses under consideration. The Authority presented its conclusion on the peer review of the updated pesticide risk assessment for bees for the active substance thiamethoxam considering the uses as seed treatment and granules on 28&#160;February 2018&#160;<a>(<span>8</span>)</a>. The applicant was given the opportunity to comment on this conclusion. The applicant submitted its comments which have been carefully examined.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The draft assessment report, the addendum, the Technical Report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on Plants, Animals, Food and Feed and finalised on 27&#160;April 2018 in the form of a revised addendum to the Commission review report for thiamethoxam.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The Commission invited the applicant to submit its comments on the revised addendum to the review report for thiamethoxam. The applicant submitted its comments which have been carefully examined.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>Having reviewed the information submitted by the applicant, the Commission has concluded that the further confirmatory information required by Implementing Regulation (EU) No 485/2013 has not been provided, and having also considered the conclusion on the updated risk assessment for bees, the Commission has concluded that further risks to bees cannot be excluded without imposing further restrictions. Bearing in mind the need to ensure a level of safety and protection consistent with the high level of protection of animal health that is sought within the Union, it is appropriate to prohibit all outdoor uses. Therefore, it is appropriate to limit the use of thiamethoxam to permanent greenhouses and to require that the resulting crop stays its entire life cycle within a permanent greenhouse, so that it is not replanted outside.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>Taking into account the risks for bees from treated seeds, the placing on the market and the use of seeds treated with plant protection products containing thiamethoxam should be subject to the same restrictions as the use of thiamethoxam. It is therefore appropriate to provide that seeds treated with plant protection products containing thiamethoxam shall not be placed on the market or used, except where the seeds are intended to be used only in permanent greenhouses and the resulting crop stays within a permanent greenhouse during its entire life cycle.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Member States should be allowed sufficient time to amend or withdraw authorisations for plant protection products containing thiamethoxam.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>For plant protection products containing thiamethoxam, where Member States grant a grace period pursuant to Article 46 of Regulation (EC) No 1107/2009, that period should, at the latest, expire on 19&#160;December 2018.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>The prohibition of placing on the market and use of treated seeds should apply only as of 19&#160;December 2018 in order to allow for a sufficient period of transition.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Amendment to Implementing Regulation (EU) No 540/2011 Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation. Article 2 Prohibition of the placing on the market and use of treated seeds Seeds treated with plant protection products containing thiamethoxam shall not be placed on the market or used, except where: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the seeds are intended to be used only in permanent greenhouses, and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the resulting crop stays within a permanent greenhouse during its entire life cycle.</p></td></tr></tbody></table> Article 3 Transitional measures Member States shall, in accordance with Regulation (EC) No 1107/2009, where necessary amend or withdraw existing authorisations for plant protection products containing thiamethoxam as active substance by 19 September 2018 at the latest. Article 4 Grace period Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 19 December 2018 at the latest. Article 5 Amendment to Implementing Regulation (EU) No 485/2013 As regards seeds which have been treated with plant protection products containing thiamethoxam, Article 2 of Implementing Regulation (EU) No 485/2013 is deleted. Article 6 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 . However, Article 2 and Article 5 shall apply as of 19 December 2018. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 May 2018. For the Commission The President Jean-Claude JUNCKER ( 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 Directive 2007/6/EC of 14 February 2007 amending Council Directive 91/414/EEC to include metrafenone, Bacillus subtilis, spinosad and thiamethoxam as active substances ( OJ L 43, 15.2.2007, p. 13 ). ( 4 ) 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 ). ( 5 ) Commission Implementing Regulation (EU) No 485/2013 of 24 May 2013 amending Implementing Regulation (EU) No 540/2011, as regards the conditions of approval of the active substances clothianidin, thiamethoxam and imidacloprid, and prohibiting the use and sale of seeds treated with plant protection products containing those active substances ( OJ L 139, 25.5.2013, p. 12 ). ( 6 ) EFSA (European Food Safety Authority), 2016. Technical report on the outcome of the consultation with Member States, the applicant and EFSA on the pesticide risk assessment for thiamethoxam in light of confirmatory data. EFSA supporting publication 2016:EN-1020. 27 pp. ( 7 ) EFSA (European Food Safety Authority), 2015. Technical report on the open call for new scientific information as regards the risk to bees from the use of the three neonicotinoid pesticide active substances clothianidin, imidacloprid and thiamethoxam applied as seed treatments and granules in the EU. EFSA supporting publication 2015:EN-903. 8pp. ( 8 ) EFSA (European Food Safety Authority), 2018. Conclusions on the peer review of the pesticide risk assessment for bees for the active substance thiamethoxam considering the uses as seed treatments and granules. EFSA Journal 2018;16(2):5179, 59 pp. ANNEX The text of the column ‘Specific provisions’ of row 140, thiamethoxam, of Part A of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following: ‘PART A Only uses as insecticide, in permanent greenhouses or for the treatment of seeds intended to be used only in permanent greenhouses, may be authorised. The resulting crop must stay within a permanent greenhouse during its entire life cycle. PART B 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 thiamethoxam, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 14 July 2006 and the conclusions of the revised addendum of the review report on thiamethoxam as finalised in the Standing Committee on Plants, Animals, Food and Feed on 27 April 2018 shall be taken into account. In this overall assessment Member States must pay particular attention to: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the risk to groundwater;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the risk to aquatic organisms;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the risk to bees and bumble bees released for pollination in permanent greenhouses;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the exposure of bees via the consumption of contaminated water from the permanent greenhouses.</p></td></tr></tbody></table> Member States shall ensure that the seed coating shall only be performed in professional seed treatment facilities. Those facilities must apply the best available techniques in order to ensure that the release of dust during application to the seed, storage, and transport can be minimised. Conditions of use shall include risk mitigation measures, where appropriate.’
ENG
32018R0785
<table><col/><col/><col/><col/><tbody><tr><td><p>2.8.2021&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 277/27</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2021/1260 of 26 July 2021 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (‘Pera Mantovana’ (PGI)) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs ( 1 ) , and in particular Article 52(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Pursuant to the first subparagraph of Article&#160;53(1) of Regulation (EU) No&#160;1151/2012, the Commission has examined Italy&#8217;s application for the approval of amendments to the specification for the protected geographical indication &#8216;Pera Mantovana&#8217;, registered under Commission Regulation (EC) No&#160;134/98&#160;<a>(<span>2</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Since the amendments in question are not minor within the meaning of Article&#160;53(2) of Regulation (EU) No&#160;1151/2012, the Commission published the amendment application in the<span>Official Journal of the European Union</span>&#160;<a>(<span>3</span>)</a> as required by Article&#160;50(2)(a) of that Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>As no statement of opposition under Article&#160;51 of Regulation (EU) No&#160;1151/2012 has been received by the Commission, the amendments to the specification should be approved,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Pera Mantovana’ (PGI) 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, 26 July 2021. For the Commission, On behalf of the President, Janusz WOJCIECHOWSKI Member of the Commission <note> ( 1 ) OJ L 343, 14.12.2012, p. 1 . ( 2 ) Commission Regulation (EC) No 134/98 of 20 January 1998 supplementing the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regulation (EEC) No 2081/92 ( OJ L 15, 21.1.1998, p. 6 ). ( 3 ) OJ C 93, 19.3.2021, p. 39 . </note>
ENG
32021R1260
02006L0118 — EN — 11.07.2014 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p> DIRECTIVE 2006/118/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL</p><p>of 12&#160;December 2006</p><p><a>on the protection of groundwater against pollution and deterioration</a></p><p>(OJ L 372 27.12.2006, p. 19)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>Commission Directive 2014/80/EU&#160;of 20 June 2014</a></p></td><td><p>&#160;&#160;L&#160;182</p></td><td><p>52</p></td><td><p>21.6.2014</p></td></tr></table> DIRECTIVE 2006/118/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 December 2006 on the protection of groundwater against pollution and deterioration Article 1 Purpose 1. This Directive establishes specific measures as provided for in Article 17(1) and (2) of Directive 2000/60/EC in order to prevent and control groundwater pollution. These measures include in particular: (a) criteria for the assessment of good groundwater chemical status; and (b) criteria for the identification and reversal of significant and sustained upward trends and for the definition of starting points for trend reversals. 2. This Directive also complements the provisions preventing or limiting inputs of pollutants into groundwater already contained in Directive 2000/60/EC, and aims to prevent the deterioration of the status of all bodies of groundwater. Article 2 Definitions For the purposes of this Directive, the following definitions shall apply in addition to those laid down in Article 2 of Directive 2000/60/EC: 1) ‘groundwater quality standard’ means an environmental quality standard expressed as the concentration of a particular pollutant, group of pollutants or indicator of pollution in groundwater, which should not be exceeded in order to protect human health and the environment; 2) ‘threshold value’ means a groundwater quality standard set by Member States in accordance with Article 3; 3) ‘significant and sustained upward trend’ means any statistically and environmentally significant increase of concentration of a pollutant, group of pollutants, or indicator of pollution in groundwater for which trend reversal is identified as being necessary in accordance with Article 5; 4) ‘input of pollutants into groundwater’ means the direct or indirect introduction of pollutants into groundwater as a result of human activity; 5) ‘background level’ means the concentration of a substance or the value of an indicator in a body of groundwater corresponding to no, or only very minor, anthropogenic alterations to undisturbed conditions; 6) ‘baseline level’ means the average value measured at least during the reference years 2007 and 2008 on the basis of monitoring programmes implemented under Article 8 of Directive 2000/60/EC or, in the case of substances identified after these reference years, during the first period for which a representative period of monitoring data is available. Article 3 Criteria for assessing groundwater chemical status 1. For the purposes of the assessment of the chemical status of a body or a group of bodies of groundwater pursuant to Section 2.3 of Annex V to Directive 2000/60/EC, Member States shall use the following criteria: (a) groundwater quality standards as referred to in Annex I; (b) threshold values to be established by Member States in accordance with the procedure set out in Part A of Annex II for the pollutants, groups of pollutants and indicators of pollution which, within the territory of a Member State, have been identified as contributing to the characterisation of bodies or groups of bodies of groundwater as being at risk, taking into account at least the list contained in Part B of Annex II. The threshold values applicable to good chemical status shall be based on the protection of the body of groundwater in accordance with Part A, points 1, 2 and 3 of Annex II, having particular regard to its impact on, and interrelationship with, associated surface waters and directly dependent terrestrial ecosystems and wetlands and shall inter alia take into account human toxicology and ecotoxicology knowledge. 2. Threshold values can be established at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of a Member State, or at the level of a body or a group of bodies of groundwater. 3. Member States shall ensure that, for bodies of groundwater shared by two or more Member States and for bodies of groundwater within which groundwater flows across a Member State's boundary, the establishment of threshold values is subject to coordination between the Member States concerned, in accordance with Article 3(4) of Directive 2000/60/EC. 4. Where a body or a group of bodies of groundwater extends beyond the territory of the Community, the Member State(s) concerned shall endeavour to establish threshold values in coordination with the non-Member State(s) concerned, in accordance with Article 3(5) of Directive 2000/60/EC. 5. Member States shall establish threshold values pursuant to paragraph 1(b) for the first time by 22 December 2008. All threshold values established shall be published in the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC, and including a summary of the information set out in Part C of Annex II to this Directive. 6. Member States shall amend the list of threshold values whenever new information on pollutants, groups of pollutants, or indicators of pollution indicates that a threshold value should be set for an additional substance, that an existing threshold value should be amended, or that a threshold value previously removed from the list should be re-inserted, in order to protect human health and the environment. Threshold values can be removed from the list when the body of groundwater concerned is no longer at risk from the corresponding pollutants, groups of pollutants, or indicators of pollution. Any such changes to the list of threshold values shall be reported in the context of the periodic review of the river basin management plans. 7. The Commission shall publish a report by 22 December 2009 on the basis of the information provided by Member States in accordance with paragraph 5. Article 4 Procedure for assessing groundwater chemical status 1. Member States shall use the procedure described in paragraph 2 to assess the chemical status of a body of groundwater. Where appropriate, Member States may group bodies of groundwater in accordance with Annex V to Directive 2000/60/EC when carrying out this procedure. 2. A body or a group of bodies of groundwater shall be considered to be of good chemical status when: (a) the relevant monitoring demonstrates that the conditions set out in Table 2.3.2 of Annex V to Directive 2000/60/EC are being met; or (b) the values for the groundwater quality standards listed in Annex I and the relevant threshold values established in accordance with Article 3 and Annex II are not exceeded at any monitoring point in that body or group of bodies of groundwater; or (c) the value for a groundwater quality standard or threshold value is exceeded at one or more monitoring points but an appropriate investigation in accordance with Annex III confirms that: (i) on the basis of the assessment referred to in paragraph 3 of Annex III, the concentrations of pollutants exceeding the groundwater quality standards or threshold values are not considered to present a significant environmental risk, taking into account, where appropriate, the extent of the body of groundwater which is affected; (ii) the other conditions for good groundwater chemical status set out in Table 2.3.2 in Annex V to Directive 2000/60/EC are being met, in accordance with paragraph 4 of Annex III to this Directive; (iii) for bodies of groundwater identified in accordance with Article 7(1) of Directive 2000/60/EC, the requirements of Article 7(3) of that Directive are being met, in accordance with paragraph 4 of Annex III to this Directive; (iv) the ability of the body of groundwater or of any of the bodies in the group of bodies of groundwater to support human uses has not been significantly impaired by pollution. 3. Choice of the groundwater monitoring sites has to satisfy the requirements of Section 2.4 of Annex V to Directive 2000/60/EC on being designed so as to provide a coherent and comprehensive overview of groundwater chemical status and to provide representative monitoring data. 4. Member States shall publish a summary of the assessment of groundwater chemical status in the river basin management plans in accordance with Article 13 of Directive 2000/60/EC. This summary, established at the level of the river basin district or the part of the international river basin district falling within the territory of a Member State, shall also include an explanation as to the manner in which exceedances of groundwater quality standards or threshold values at individual monitoring points have been taken into account in the final assessment. 5. If a body of groundwater is classified as being of good chemical status in accordance with paragraph 2(c), Member States, in accordance with Article 11 of Directive 2000/60/EC, shall take such measures as may be necessary to protect aquatic ecosystems, terrestrial ecosystems and human uses of groundwater dependent on the part of the body of groundwater represented by the monitoring point or points at which the value for a groundwater quality standard or the threshold value has been exceeded. Article 5 Identification of significant and sustained upward trends and the definition of starting points for trend reversals 1. Member States shall identify any significant and sustained upward trend in concentrations of pollutants, groups of pollutants or indicators of pollution found in bodies or groups of bodies of groundwater identified as being at risk and define the starting point for reversing that trend, in accordance with Annex IV. 2. Member States shall, in accordance with Part B of Annex IV, reverse trends which present a significant risk of harm to the quality of aquatic ecosystems or terrestrial ecosystems, to human health, or to actual or potential legitimate uses of the water environment, through the programme of measures referred to in Article 11 of Directive 2000/60/EC, in order progressively to reduce pollution and prevent deterioration of groundwater. 3. Member States shall define the starting point for trend reversal as a percentage of the level of the groundwater quality standards set out in Annex I and of the threshold values established pursuant to Article 3, on the basis of the identified trend and the environmental risk associated therewith, in accordance with Part B, point 1 of Annex IV. 4. In the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC, Member States shall summarise: (a) the way in which the trend assessment from individual monitoring points within a body or a group of bodies of groundwater has contributed to identifying, in accordance with Section 2.5 of Annex V to that Directive, that those bodies are subject to a significant and sustained upward trend in concentration of any pollutant or a reversal of that trend; and (b) the reasons for the starting points defined pursuant to paragraph 3. 5. Where necessary to assess the impact of existing plumes of pollution in bodies of groundwater that may threaten the achievement of the objectives in Article 4 of Directive 2000/60/EC, and in particular, those plumes resulting from point sources and contaminated land, Member States shall carry out additional trend assessments for identified pollutants in order to verify that plumes from contaminated sites do not expand, do not deteriorate the chemical status of the body or group of bodies of groundwater, and do not present a risk for human health and the environment. The results of these assessments shall be summarised in the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC. Article 6 Measures to prevent or limit inputs of pollutants into groundwater 1. In order to achieve the objective of preventing or limiting inputs of pollutants into groundwater, established in accordance with Article 4(1)(b)(i) of Directive 2000/60/EC, Member States shall ensure that the programme of measures established in accordance with Article 11 of that Directive includes: (a) all measures necessary to prevent inputs into groundwater of any hazardous substances, without prejudice to paragraphs 2 and 3. In identifying such substances, Member States shall in particular take account of hazardous substances belonging to the families or groups of pollutants referred to in points 1 to 6 of Annex VIII to Directive 2000/60/EC, as well as of substances belonging to the families or groups of pollutants referred to in points 7 to 9 of that Annex, where these are considered to be hazardous; (b) for pollutants listed in Annex VIII to Directive 2000/60/EC which are not considered hazardous, and any other non-hazardous pollutants not listed in that Annex considered by Member States to present an existing or potential risk of pollution, all measures necessary to limit inputs into groundwater so as to ensure that such inputs do not cause deterioration or significant and sustained upward trends in the concentrations of pollutants in groundwater. Such measures shall take account, at least, of established best practice, including the Best Environmental Practice and Best Available Techniques specified in the relevant Community legislation. For the purpose of establishing measures referred to in points (a) or (b), Member States may, as a first step, identify the circumstances under which the pollutants listed in Annex VIII to Directive 2000/60/EC, in particular essential metals and their compounds referred to in point 7 of that Annex, are to be considered hazardous or non-hazardous. 2. Inputs of pollutants from diffuse sources of pollution having an impact on the groundwater chemical status shall be taken into account whenever technically possible. 3. Without prejudice to any more stringent requirements in other Community legislation, Member States may exempt from the measures required by paragraph 1 inputs of pollutants that are: (a) the result of direct discharges authorised in accordance with Article 11(3)(j) of Directive 2000/60/EC; (b) considered by the competent authorities to be of a quantity and concentration so small as to obviate any present or future danger of deterioration in the quality of the receiving groundwater; (c) the consequences of accidents or exceptional circumstances of natural cause that could not reasonably have been foreseen, avoided or mitigated; (d) the result of artificial recharge or augmentation of bodies of groundwater authorised in accordance with Article 11(3)(f) of Directive 2000/60/EC; (e) in the view of the competent authorities incapable, for technical reasons, of being prevented or limited without using: (i) measures that would increase risks to human health or to the quality of the environment as a whole; or (ii) disproportionately costly measures to remove quantities of pollutants from, or otherwise control their percolation in, contaminated ground or subsoil; or (f) the result of interventions in surface waters for the purposes, amongst others, of mitigating the effects of floods and droughts, and for the management of waters and waterways, including at international level. Such activities, including cutting, dredging, relocation and deposition of sediments in surface water, shall be conducted in accordance with general binding rules, and, where applicable, with permits and authorisations issued on the basis of such rules, developed by the Member States for that purpose, provided that such inputs do not compromise the achievement of the environmental objectives established for the water bodies concerned in accordance with Article 4(1)(b) of Directive 2000/60/EC. The exemptions provided for in points (a) to (f) may be used only where the Member States' competent authorities have established that efficient monitoring of the bodies of groundwater concerned, in accordance with point 2.4.2 of Annex V to Directive 2000/60/EC, or other appropriate monitoring, is being carried out. 4. The competent authorities of the Member States shall keep an inventory of the exemptions referred to in paragraph 3 for the purpose of notification, upon request, to the Commission. Article 7 Transitional arrangements In the period between 16 January 2009 and 22 December 2013, any new authorisation procedure pursuant to Articles 4 and 5 of Directive 80/68/EEC shall take into account the requirements set out in Articles 3, 4 and 5 of this Directive. Article 8 Technical adaptations 1. Parts A and C of Annex II and Annexes III and IV may be amended, in the light of scientific and technical progress, in accordance with the regulatory procedure with scrutiny referred to in Article 9(2), taking into consideration the period for reviewing and updating river basin management plans, as referred to in Article 13(7) of Directive 2000/60/EC. 2. Part B of Annex II may be amended, in accordance with the regulatory procedure with scrutiny referred to in Article 9(2), in order to add new pollutants or indicators. Article 9 Committee procedure 1. The Commission shall be assisted by a committee. 2. Where reference is made to this paragraph, Article 5a (1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 10 Review Without prejudice to Article 8, the Commission shall review Annexes I and II to this Directive by 16 January 2013, and thereafter every six years. Based on the review, it shall, if appropriate, come forward with legislative proposals, in accordance with the procedure laid down in Article 251 of the Treaty, to amend Annexes I and/or II. In its review and in preparing any proposal, the Commission shall take account of all relevant information, which might include the results of the monitoring programmes implemented under Article 8 of Directive 2000/60/EC, of Community research programmes, and/or of recommendations from the Scientific Committee on Health and Environmental Risks, Member States, the European Parliament, the European Environment Agency, European business organisations and European environmental organisations. Article 11 Evaluation The report by the Commission provided for under Article 18(1) of Directive 2000/60/EC shall for groundwater include an evaluation of the functioning of this Directive in relation to other relevant environmental legislation, including consistency therewith. Article 12 Implementation Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 16 January 2009. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. Article 13 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Article 14 Addressees This Directive is addressed to the Member States. ANNEX I GROUNDWATER QUALITY STANDARDS 1. For the purposes of assessing groundwater chemical status in accordance with Article 4, the following groundwater quality standards will be the quality standards referred to in Table 2.3.2 in Annex V to Directive 2000/60/EC and established in accordance with Article 17 of that Directive. <table><col/><col/><tbody><tr><td><p>Pollutant</p></td><td><p>Quality standards</p></td></tr><tr><td><p>Nitrates</p></td><td><p>50 mg/l</p></td></tr><tr><td><p>Active substances in pesticides, including their relevant metabolites, degradation and reaction products&#160;<a>(<span/>)</a></p></td><td><p>0,1 &#956;g/l</p><p>0,5 &#956;g/l (total)&#160;<a>(<span/>)</a></p></td></tr><tr><td><div><a>(<span>1</span>)&#160;&#160;&#160;</a><p>&#8216;Pesticides&#8217; means plant protection products and biocidal products as defined in Article&#160;2 of Directive 91/414/EEC and in Article&#160;2 of Directive 98/8/EC, respectively.</p></div><div><a>(<span>2</span>)&#160;&#160;&#160;</a><p>&#8216;Total&#8217; means the sum of all individual pesticides detected and quantified in the monitoring procedure, including their relevant metabolites, degradation and reaction products.</p></div></td></tr></tbody></table> 2. The results of the application of the quality standards for pesticides in the manner specified for the purposes of this Directive will be without prejudice to the results of the risk assessment procedures required by Directive 91/414/EEC or Directive 98/8/EC. 3. Where, for a given body of groundwater, it is considered that the groundwater quality standards could result in failure to achieve the environmental objectives specified in Article 4 of Directive 2000/60/EC for associated bodies of surface water, or in any significant diminution of the ecological or chemical quality of such bodies, or in any significant damage to terrestrial ecosystems which depend directly on the body of groundwater, more stringent threshold values will be established in accordance with Article 3 and Annex II to this Directive. Programmes and measures required in relation to such a threshold value will also apply to activities falling within the scope of Directive 91/676/EEC. ANNEX II THRESHOLD VALUES FOR GROUNDWATER POLLUTANTS AND INDICATORS OF POLLUTION Part A Guidelines for the establishment of threshold values by Member States in accordance with Article 3 Member States will establish threshold values for all pollutants and indicators of pollution which, pursuant to the characterisation performed in accordance with Article 5 of Directive 2000/60/EC, characterise bodies or groups of bodies of groundwater as being at risk of failing to achieve good groundwater chemical status. Threshold values will be established in such a way that, should the monitoring results at a representative monitoring point exceed the thresholds, this will indicate a risk that one or more of the conditions for good groundwater chemical status referred to in Article 4(2)(c)(ii), (iii) and (iv) are not being met. When establishing threshold values, Member States will consider the following guidelines: 1) the determination of threshold values should be based on: (a) the extent of interactions between groundwater and associated aquatic and dependent terrestrial ecosystems; (b) the interference with actual or potential legitimate uses or functions of groundwater; (c) all pollutants which characterise bodies of groundwater as being at risk, taking into account the minimum list set out in part B; (d) hydro-geological characteristics including information on background levels and water balance; 2) the determination of threshold values should also take account of the origins of the pollutants, their possible natural occurrence, their toxicology and dispersion tendency, their persistence and their bioaccumulation potential; 3) wherever elevated background levels of substances or ions or their indicators occur due to natural hydro-geological reasons, those background levels in the relevant body of groundwater shall be taken into account when establishing threshold values. When determining background levels, the following principles should be taken into account: (a) The determination of background levels should be based on the characterisation of groundwater bodies in accordance with Annex II to Directive 2000/60/EC and on the results of groundwater monitoring in accordance with Annex V to that Directive. The monitoring strategy and interpretation of the data should take account of the fact that flow conditions and groundwater chemistry vary laterally and vertically; (b) Where only limited groundwater monitoring data are available, more data should be gathered and in the meantime background levels should be determined based on those limited monitoring data, where appropriate by a simplified approach using a subset of samples for which indicators show no influence of human activity. Information on geochemical transfers and processes should also be taken account of, where available; (c) Where insufficient groundwater monitoring data are available and the information on geochemical transfers and processes is poor, more data and information should be gathered and in the meantime background levels should be estimated, where appropriate based on statistical reference results for the same type of aquifers in other areas having sufficient monitoring data. 4) the determination of threshold values should be supported by a control mechanism for the data collected, based on an evaluation of data quality, analytical considerations, and background levels for substances which may occur both naturally and as a result of human activities. Part B Minimum list of pollutants and their indicators for which Member States have to consider establishing threshold values in accordance with Article 3 1. Substances or ions or indicators which may occur both naturally and/or as a result of human activities Arsenic Cadmium Lead Mercury Ammonium Chloride Sulphate Nitrites Phosphorus (total)/Phosphates ( 13 ) 2. Man-made synthetic substances Trichloroethylene Tetrachloroethylene 3. Parameters indicative of saline or other intrusions ( 14 ) Conductivity Part C Information to be provided by Member States with regard to the pollutants and their indicators for which threshold values have been established Member States shall include in the river basin management plans to be submitted in accordance with Article 13 of Directive 2000/60/EC information on the way the procedure set out in Part A of this Annex has been followed. In particular, Member States shall provide: (a) information on each of the bodies or groups of bodies of groundwater characterised as being at risk, including the following: (i) the size of the bodies; (ii) each pollutant or indicator of pollution which characterises bodies of groundwater as being at risk; (iii) the environmental quality objectives to which the risk is related, including the actual or potential legitimate uses or functions of the groundwater body, and the relationship between the bodies of groundwater and the associated surface waters and directly dependent terrestrial ecosystems; (iv) in the case of naturally-occurring substances, the natural background levels in the bodies of groundwater; (v) information on the exceedances where threshold values are exceeded; (b) the threshold values, whether they apply at the national level, at the level of the river basin district or the part of the international river basin district falling within the territory of the Member State, or at the level of a body or a group of bodies of groundwater; (c) the relationship between the threshold values and each of the following: (i) in the case of naturally-occurring substances, the background levels; (ii) associated surface waters and directly dependent terrestrial ecosystems; (iii) the environmental quality objectives and other standards for water protection that exist at national, Union or international level; (iv) any relevant information concerning the toxicology, eco-toxicology, persistence, bioaccumulation potential, and dispersion tendency of the pollutants; (d) the methodology for determining background levels based on the principles set out in point 3 of Part A; (e) the reasons for not having established threshold values for any of the pollutants and indicators identified in Part B; (f) key elements of the groundwater chemical status assessment, including the level, method and period of aggregation of monitoring results, the definition of the acceptable extent of exceedance, and the method for calculating it, in accordance with Article 4(2)(c)(i) and point 3 of Annex III. Where any of the data referred to in points (a) to (f) are not included in the river basin management plans, Member States shall provide the reasons for this in those plans. ANNEX III ASSESSMENT OF GROUNDWATER CHEMICAL STATUS 1. The assessment procedure for determining the chemical status of a body or a group of bodies of groundwater will be carried out in relation to all bodies or groups of bodies of groundwater characterised as being at risk and in relation to each of the pollutants which contribute to the body or group of bodies of groundwater being so characterised. 2. In undertaking any investigations referred to in Article 4(2)(c), Member States will take into account: (a) the information collected as part of the characterisation to be carried out in accordance with Article 5 of Directive 2000/60/EC and with Sections 2.1, 2.2 and 2.3 of Annex II thereto; (b) the results of the groundwater monitoring network obtained in accordance with Section 2.4 of Annex V to Directive 2000/60/EC; and (c) any other relevant information including a comparison of the annual arithmetic mean concentration of the relevant pollutants at a monitoring point with the groundwater quality standards set out in Annex I and the threshold values set by Member States in accordance with Article 3 and Annex II. 3. For the purposes of investigating whether the conditions for good groundwater chemical status referred to in Article 4(2)(c)(i) and (iv) are met, Member States will, where relevant and necessary, and on the basis of appropriate aggregations of the monitoring results, supported where necessary by concentration estimations based on a conceptual model of the body or group of bodies of groundwater, estimate the extent of the body of groundwater having an annual arithmetic mean concentration of a pollutant higher than a groundwater quality standard or a threshold value. 4. For the purposes of investigating whether the conditions for good groundwater chemical status referred to in Article 4(2)(c)(ii) and (iii) are met, Member States will, where relevant and necessary, and on the basis of relevant monitoring results and of a suitable conceptual model of the body of groundwater, assess: (a) the impact of the pollutants in the body of groundwater; (b) the amounts and the concentrations of the pollutants being, or likely to be, transferred from the body of groundwater to the associated surface waters or directly dependent terrestrial ecosystems; (c) the likely impact of the amounts and concentrations of the pollutants transferred to the associated surface waters and directly dependent terrestrial ecosystems; (d) the extent of any saline or other intrusions into the body of groundwater; and (e) the risk from pollutants in the body of groundwater to the quality of water abstracted, or intended to be abstracted, from the body of groundwater for human consumption. 5. Member States will present the groundwater chemical status of a body or a group of bodies of groundwater on maps in accordance with Sections 2.4.5 and 2.5 of Annex V to Directive 2000/60/EC. In addition, Member States will indicate on these maps all monitoring points where groundwater quality standards and/or threshold values are exceeded, where relevant and feasible. ANNEX IV IDENTIFICATION AND REVERSAL OF SIGNIFICANT AND SUSTAINED UPWARD TRENDS Part A Identification of significant and sustained upward trends Member States will identify significant and sustained upward trends in all bodies or groups of bodies of groundwater that are characterised as being at risk in accordance with Annex II to Directive 2000/60/EC, taking into account the following requirements: 1) in accordance with Section 2.4 of Annex V to Directive 2000/60/EC, the monitoring programme will be so designed as to detect significant and sustained upward trends in concentrations of the pollutants identified pursuant to Article 3 of this Directive; 2) the procedure for the identification of significant and sustained upward trends will be based on the following elements: (a) monitoring frequencies and monitoring locations will be selected such as are sufficient to: (i) provide the information necessary to ensure that such upward trends can be distinguished from natural variation with an adequate level of confidence and precision; (ii) enable such upward trends to be identified in sufficient time to allow measures to be implemented in order to prevent, or at least mitigate as far as practicable, environmentally significant detrimental changes in groundwater quality. This identification will be carried out for the first time by 2009, if possible, and will take into account existing data, in the context of the report on trend identification within the first river basin management plan referred to in Article 13 of Directive 2000/60/EC, and at least every six years thereafter; (iii) take into account the physical and chemical temporal characteristics of the body of groundwater, including groundwater flow conditions and recharge rates and percolation time through soil or subsoil; (b) the methods of monitoring and analysis used will conform to international quality control principles, including, if relevant, CEN or national standardised methods, to ensure equivalent scientific quality and comparability of the data provided; (c) the assessment will be based on a statistical method, such as regression analysis, for trend analysis in time series of individual monitoring points; (d) in order to avoid bias in trend identification, all measurements below the quantification limit will be set to half of the value of the highest quantification limit occurring in time series, except for total pesticides; 3) the identification of significant and sustained upward trends in the concentrations of substances which occur both naturally and as a result of human activities will consider the baseline levels and, where such data are available, the data collected before the start of the monitoring programme in order to report on trend identification within the first river basin management plan referred to in Article 13 of Directive 2000/60/EC. Part B Starting points for trend reversals Member States will reverse identified significant and sustained upward trends, in accordance with Article 5, taking into account the following requirements: 1) the starting point for implementing measures to reverse significant and sustained upward trends will be when the concentration of the pollutant reaches 75 % of the parametric values of the groundwater quality standards set out in Annex I and of the threshold values established pursuant to Article 3, unless: (a) an earlier starting point is required to enable trend reversal measures to prevent most cost-effectively, or at least mitigate as far as possible, any environmentally significant detrimental changes in groundwater quality; (b) a different starting point is justified where the detection limit does not allow for establishing the presence of a trend at 75 % of the parametric values; or (c) the rate of increase and the reversibility of the trend are such that a later starting point for trend reversal measures would still enable such measures to prevent most cost-effectively, or at least mitigate as far as possible, any environmentally significant detrimental changes in groundwater quality. Such later starting point may not lead to any delay in achieving the deadline for the environmental objectives. For activities falling within the scope of Directive 91/676/EEC, the starting point for implementing measures to reverse significant and sustained upward trends will be established in accordance with that Directive and with Directive 2000/60/EC and, in particular, adhering to environmental objectives for water protection as set out in Article 4 of Directive 2000/60/EC; 2) once a starting point has been established for a body of groundwater characterised as being at risk in accordance with Section 2.4.4 of Annex V to Directive 2000/60/EC and pursuant to point 1 above, it will not be changed during the six-year cycle of the river basin management plan required in accordance with Article 13 of Directive 2000/60/EC; 3) trend reversals will be demonstrated, taking into account relevant monitoring provisions contained in Part A, point 2. ( ) OJ C 112, 30.4.2004, p. 40. ( ) OJ C 109, 30.4.2004, p. 29. ( ) Opinion of the European Parliament of 28 April 2005 (OJ C 45 E, 23.2.2006, p. 15), Council Common Position of 23 January 2006 (OJ C 126 E, 30.5.2006, p. 1) and Position of the European Parliament of 13 June 2006 (not yet published in the Official Journal). European Parliament Legislative Resolution of 12 December 2006 (not yet published in the Official Journal) and Council Decision of 11 December 2006. ( ) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1). ( ) OJ L 242, 10.9.2002, p. 1. ( ) OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). ( ) OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2006/85/EC (OJ L 293, 24.10.2006, p. 3). ( ) OJ L 123, 24.4.1998, p. 1. Directive as last amended by Commission Directive 2006/50/EC (OJ L 142, 30.5.2006, p. 6). ( ) OJ L 277, 21.10.2005, p. 1. Regulation as amended by Regulation (EC) No 1463/2006 (OJ L 277, 9.10.2006, p. 1). ( ) OJ L 20, 26.1.1980, p. 43. Directive as amended by Directive 91/692/EEC (OJ L 377, 31.12.1991, p. 48). ( ) OJ L 330, 5.12.1998, p. 32. Directive as amended by Regulation (EC) No 1882/2003. ( ) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). <note> ( 1 ) Member States may decide to establish threshold values either for phosphorus (total) or for phosphates. ( 1 ) With regard to saline concentrations resulting from human activities, Member States may decide to establish threshold values either for sulphate and chloride or for conductivity. </note>
ENG
02006L0118-20140711
<table><col/><col/><col/><col/><tbody><tr><td><p>30.5.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 147/22</p></td></tr></tbody></table> COMMISSION DELEGATED REGULATION (EU) 2022/826 of 23 March 2022 correcting and amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards exemptions from the plaice box THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 ( 1 ) , and in particular Article 15(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Regulation (EU) 2019/1241 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures contains an error in Annex V, Part C which must be corrected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>While recital 5 of Delegated Regulation (EU) 2021/1160&#160;<a>(<span>2</span>)</a> refers to &#8216;Danish anchor seines&#8217;, the corresponding provision in the annex refers to &#8216;Danish seines&#8217; only. Given that Article&#160;6(18) of Regulation (EU) 2019/1241 does not distinguish between Danish seines and Scottish seines/&#8216;flyshooters&#8217;, the provision in Annex V as it stands can therefore be read as incorrectly applying to both Danish anchor seines and Scottish seines.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Delegated Regulation (EU) 2021/1160 is based on a joint recommendation submitted on 19&#160;October 2020 by Belgium, Denmark, Germany, France, the Netherlands and Sweden (Scheveningen Group), who have a direct fisheries management interest in the North Sea. Section 3.1.2 of the joint recommendation specifically distinguished between Danish seine that does the hauling of the fishing gear while the vessel is at anchor (anchor seining) and Scottish seine, confirming that Member States intended the requested exemption to apply to Danish anchor seine only.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The STECF assessment, concluding that the introduction of the specific exemption for Danish seine is not expected to have any significant effect on the level of protection inside the area, referred only to Danish &#8216;anchor seine&#8217; (gear code SDN&#160;<a>(<span>3</span>)</a>) and not to &#8216;Scottish&#8217; or flyshooter/flydragger seines (gear code SSC&#160;&#160;<a>(<span>3</span>)</a>).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Annex V to Regulation (EU) 2019/1241 should therefore be corrected to clarify that the proposed exemption applies only to those Danish seines that do the hauling of the fishing gear while the vessel is at anchor (Danish anchor seine (gear code SDN)).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>As the measures provided for in this Regulation have a direct impact on the planning of the fishing season of Union vessels and on related economic activities, this Regulation should enter into force immediately after its publication,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Regulation (EU) 2019/1241 is corrected in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 23 March 2022. For the Commission The President Ursula VON DER LEYEN ( 1 ) OJ L 198, 25.7.2019, p. 105 . ( 2 ) Commission Delegated Regulation (EU) 2021/1160 of 12 May 2021 amending Regulation (EU) 2019/1241 of the European Parliament and of the Council as regards the sprat box and the plaice box in the North Sea ( OJ L 250, 15.7.2021, p. 4 ). ( 3 ) Annex XI to Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy ( OJ L 112, 30.4.2011, p. 64 ). ANNEX Part C of Annex V to Regulation (EU) 2019/1241 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>point 2.2(d) is replaced as follows:</p><table><col/><col/><tbody><tr><td><p>&#8216;(d)</p></td><td><p>vessels whose engine power exceeds 221 kW using Danish seines which haul the fishing gear while the vessel is at anchor (Danish anchor seine &#8211; SDN), provided that such vessels comply with the mesh size provided for in point 1.1 of Part B of this Annex.&#8217;</p></td></tr></tbody></table></td></tr></tbody></table>
ENG
32022R0826
<table><col/><col/><col/><col/><tbody><tr><td><p>12.4.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 103/29</p></td></tr></tbody></table> COUNCIL IMPLEMENTING DECISION (EU) 2019/598 of 9 April 2019 on the transitional rules for the appointment of European Prosecutors for and during the first mandate period, provided for in Article 16(4) of Regulation (EU) 2017/1939 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (‘the EPPO’) ( 1 ) , and in particular Article 16(4) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In accordance with Article 16(3) of Regulation (EU) 2017/1939, European Prosecutors are to be appointed by the Council for a non-renewable mandate of six years, which may be extended for a maximum of three years at the end of the six-year period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>In accordance with Article 16(4) of Regulation (EU) 2017/1939, every three years there is to be a partial replacement of one third of the European Prosecutors.&#160;The Council, acting by simple majority, is to adopt transitional rules for the appointment of the European Prosecutors for and during the first mandate period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Those transitional rules should ensure the proper application of the principle of periodical replacement of the European Prosecutors appointed for the first time to the EPPO, with a view to ensuring continuity of the work of the College of European Prosecutors.&#160;They should at the same time take into consideration the special needs of the EPPO in the first years following its establishment and beginning of operations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>For those purposes, specific rules should be established on the duration of the term of office of the European Prosecutors appointed for the first time following the entry into force of Regulation (EU) 2017/1939.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>To ensure full transparency and impartiality in the determination of those European Prosecutors in the first mandate period whose term of office will be three years instead of six years, a system based on drawing lots should be followed. This system will also ensure that the selection of the European Prosecutors whose term of office will be shorter is neutral in geographic terms.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>On 15&#160;January 2019, the Commission submitted a proposal for a Council Implementing Decision on transitional rules for the appointment of European Prosecutors for and during the first mandate period,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 This Decision lays down transitional rules for the appointment of European Prosecutors for and during the first mandate period following the entry into force of Regulation (EU) 2017/1939. Article 2 1. Before the appointment of European Prosecutors, a group comprising one third of the number of participating Member States at the time of application of those transitional rules shall be determined by drawing lots. 2. If the number of participating Member States at the time of application of those transitional rules is not divisible by three, the number of Member States to be included in the group shall be rounded up to the closest higher integer number. 3. The General Secretariat of the Council shall take the necessary measures to implement the procedure of drawing lots, in close cooperation with the Commission. Article 3 The term of office of the European Prosecutors from the Member States included in the group established in accordance with Article 2 shall be three years. This term shall not be renewable. 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 Luxembourg, 9 April 2019. For the Council The President G. CIAMBA <note> ( 1 ) OJ L 283, 31.10.2017, p. 1 . </note>
ENG
32019D0598
<table><col/><col/><col/><col/><tbody><tr><td><p>13.8.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 212/1</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2019/1344 of 12 August 2019 imposing a provisional countervailing duty on imports of biodiesel originating in Indonesia THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union ( 1 ) , and in particular Article 12 thereof, After consulting the Member States, Whereas: 1. PROCEDURE 1.1. Initiation <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 6&#160;December 2018, the European Commission (the &#8216;Commission&#8217;) initiated an anti-subsidy investigation with regard to imports into the European Union (the &#8216;Union&#8217;) of biodiesel originating in Indonesia (the &#8216;country concerned&#8217;) pursuant to Article 10 of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8&#160;June 2016 on protection against subsidised imports from countries not member of the European Union (&#8216;the basic Regulation&#8217;). It published a Notice of Initiation in the<span>Official Journal of the European Union</span>&#160;<a>(<span>2</span>)</a> (the &#8216;Notice of Initiation&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Commission initiated the investigation following a complaint lodged on 22&#160;October 2018 by the European Biodiesel Board (&#8216;EBB&#8217; or the &#8216;complainant&#8217;) on behalf of producers representing 32&#160;% of total Union production. Producers representing 63&#160;% of the total Union production of biodiesel supported the complaint.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Prior to the initiation of the anti-subsidy investigation, the Commission notified the Government of Indonesia (&#8216;GOI&#8217;) that it had received a properly documented complaint, and invited the GOI for consultations in accordance with Article 10(7) of the basic Regulation. The GOI accepted the offer for consultations, which were held on 3&#160;December 2018. During the consultations as well as subsequent exchanges with the GOI, due note was taken of the comments submitted by the GOI. However, no mutually agreed solution could be reached.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>After the publication of the Notice of Initiation, the Commission received comments regarding the initiation from the Wilmar Group, an exporting producer (&#8216;Wilmar&#8217;). In its comments, Wilmar submitted that:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the complaint did not include sufficient evidence of subsidisation to warrant an opening of procedure;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the GOI has not put in place any subsidy scheme to the benefit of the biodiesel industry; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>even if a subsidy scheme of the GOI was to be found, Wilmar did not receive any subsidy under that scheme.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The GOI similarly argued at the later stage of the investigation that the complaint did not include sufficient evidence of subsidisation to warrant an opening of procedure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>With reference to the various subsidy schemes identified in the complaint, Wilmar preliminarily alleged that EBB failed to provide sufficient evidence of the existence of any subsidy and that therefore the complaint is unfounded.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>With particular reference to the export tax and levy imposed by the GOI on crude palm oil (&#8216;CPO&#8217;), Wilmar submitted that the complainant failed to provide sufficient evidence of the required entrustment or direction of Indonesian CPO producers by the GOI.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Furthermore, Wilmar submitted that none of the subsidy schemes identified in the complaint are export subsidies.&#160;In addition, according to Wilmar, the alleged subsidy schemes did not induce Indonesian biodiesel producers to sell biodiesel for export, rather they seek to reach out to the domestic Indonesian blending targets of biodiesel with mineral diesel&#160;<a>(<span>3</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>Finally, Wilmar submitted that the complaint failed to provide sufficient evidence of threat of material injury caused by Indonesian biodiesel imports into the Union and that, in any event, imports of Indonesian biodiesel did not create any such injury.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>Concerning the evidence of injurious subsidisation at initiation stage, the Commission made the open version of the complaint available and provided its analysis on the evidence available at that stage in the memorandum on sufficiency of evidence, on the basis of which the investigation was initiated. Therefore, contrary to what Wilmar alleged, the Commission considered and substantiated in the memorandum that there was sufficient evidence tending to show the existence of injurious subsidisation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>On 19&#160;June 2019 the Commission received a submission from Wilmar arguing inter alia that the Union industry was not under a threat of material injury from imports of Indonesian biodiesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>However, the Notice of Initiation specified that any information for the stage of provisional findings should be submitted within 70 days from the date of its publication. This deadline expired on 14&#160;February 2019. Therefore, the part of the submission dealing with threat of injury could not be addressed at provisional stage and will be addressed instead at the definitive stage of the investigation. Moreover, section 5.2 of the Notice of Initiation specified that any comment on the complaint, including matters pertaining to injury and causality should be submitted within 37 days from the date of its publication. Interested parties having filed written submissions or provided any data after 14&#160;February 2019 are invited to indicate together with their comments on the provisional measures whether they still consider those submissions relevant for the current investigation, indicating how such information should be taken into account for the definitive stage.</p></td></tr></tbody></table> 1.2. Investigation period and period considered <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The investigation of subsidisation and injury covered the period from 1&#160;October 2017 to 30&#160;September 2018 (the &#8216;investigation period&#8217; or the &#8216;IP&#8217;). The examination of trends relevant for the assessment of injury covered the period from 1&#160;January 2015 to the end of the investigation period (the &#8216;period considered&#8217;). Where appropriate, the Commission also examined post-IP data.</p></td></tr></tbody></table> 1.3. Interested parties <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>In the Notice of Initiation, interested parties were invited to contact the Commission in order to participate in the investigation. In addition, the Commission specifically informed the complainant, other known Union producers, the known exporting producers and the GOI, the known importers, suppliers and users, traders, as well as associations known to be concerned about the initiation of the investigation and invited them to participate.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>Interested parties had an opportunity to comment on the initiation of the investigation and to request a hearing with the Commission and/or the Hearing Officer in trade proceedings.</p></td></tr></tbody></table> 1.4. Sampling <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>In its Notice of Initiation, the Commission stated that it might sample the interested parties in accordance with Article 27 of the basic Regulation.</p></td></tr></tbody></table> 1.4.1. Sampling of Union producers <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>In its Notice of Initiation, the Commission stated that it had provisionally selected a sample of Union producers.&#160;The Commission selected the sample on the basis of the highest representative quantity of production, which could reasonably be investigated within the time available.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>The provisional sample consisted of three Union producers and represented a broad geographical spread. The sampled Union producers accounted for more than 18&#160;% of the total production volume of the Union industry. The Commission invited interested parties to comment on the provisional sample.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>The Commission received comments on the provisional sample from Wilmar. Wilmar commented on the size of the sample, saying that three producers was not large enough a sample, and requested that another company group consisting of two producers, Biopetrol, be added to the sample of Union producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>The Commission considered that the sample with the three largest producers of biodiesel in the Union is representative (including geographically) and a larger sample could not be reasonably investigated within the time available. Therefore, the claim was rejected.</p></td></tr></tbody></table> 1.4.2. Sampling of importers <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>To decide whether sampling was necessary and, if so, to select a sample, the Commission asked unrelated importers to provide the information specified in the Notice of Initiation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>Two unrelated importers provided the requested information and agreed to be included in the sample. One of them imported negligible amounts and did not resell it during the IP, so the Commission only investigated the other unrelated importer. In view of the low number of unrelated importers that cooperated the Commission decided that sampling was not necessary.</p></td></tr></tbody></table> 1.4.3. Sampling of exporting producers in Indonesia <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>To decide whether sampling was necessary and, if so, to select a sample, the Commission asked all exporting producers in Indonesia to provide the information specified in the Notice of Initiation. In addition, the Commission asked the authorities of Indonesia to identify and/or contact other exporting producers, if any, that could be interested in participating in the investigation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>Four exporting producers in the country concerned provided the requested information and agreed to be included in the sample. The responding companies or groups of companies accounted for 100&#160;% of exports to the Union during the investigation period. Due to the limited number of exporting producers and the high level of cooperation, the Commission decided not to carry out sampling but rather to investigate all Indonesian exporting producers.</p></td></tr></tbody></table> 1.4.4. Questionnaire replies and verification visits <table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>The Commission sent questionnaires to the GOI, to the four exporting producers, to the three sampled Union producers, and to two unrelated importers of biodiesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>The Commission received questionnaire replies from the GOI, all groups of exporting producers, all sampled Union producers and both unrelated importers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>The Commission sought and verified all the information deemed necessary for a determination of subsidy, resulting injury (including threat of injury) and Union interest. A verification visit took place at the premises of the GOI, the Ministry of Trade of the Republic of Indonesia in Jakarta, during which officials from other relevant ministries also participated.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>Verification visits under Article 26 of the basic Regulation were carried out at the premises of the following companies:</p><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Union producers and related companies:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Masol Iberia Biofuel, S.L.U., El Grao (Castell&#243;n) and Campa Iberia S.A.U., Barcelona, Spain</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Saipol, Grand-Couronne, France</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Verbio Vereinigte BioEnergie AG, Leipzig, Germany</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Unrelated importer:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Gunvor BV, Geneva, Switzerland&#160;<a>(<span>4</span>)</a></p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Exporting producers in Indonesia and related companies:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Wilmar Group:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>PT Wilmar Nabati Indonesia, Medan</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>PT Wilmar Bioenergi Indonesia, Medan</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Wilmar Trading Pte. Ltd., Singapore</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Musim Mas Group:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>PT Intibenua Perkasatama, Medan</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>PT Musim Mas, Medan</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Inter-Continental Oils &amp; Fats Pte. Ltd., Singapore</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Campa Iberia S.A.U., Barcelona, Spain</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>IM Biofuel Italy S.R.L., Milan, Italy</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>PT Ciliandra Perkasa, Jakarta, and First Resources Trading Pte. Ltd., Singapore</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Permata Group:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>PT Pelita Agung Agrindustri, Medan</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>PT Permata Hijau Palm Oleo, Medan</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Virgoz Oils &amp; Fats Pte. Ltd., Singapore</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>Following the reply to the questionnaires, the deficiency letters and the verification visits, and as further explained in recitals (219) to (227) below, the Commission observed that the GOI and Wilmar did not fully cooperate with the investigation. More precisely:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>PT Perkebunan Nusantara (&#8216;PTPN&#8217;), a CPO producer wholly owned by the GOI, did not respond to Appendix&#160;B to the GOI's questionnaire within the stipulated deadline, albeit being one of the undertakings that have been requested to reply; and,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Wilmar did not provide a complete answer to Table 2 of the Deficiency Letter, and particularly provided the requested data only partially.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>The Commission therefore issued an Article 28 letter to both the GOI and Wilmar Group, limited to the specific information they did not provide. Hence, the Commission used facts available with respect to the missing information.</p></td></tr></tbody></table> 2. PRODUCT CONCERNED AND LIKE PRODUCT 2.1. Product concerned <table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p>The product concerned is fatty-acid mono-alkyl esters and/or paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin, commonly known as &#8216;biodiesel&#8217;, in pure form or as included in a blend, originating in Indonesia (the &#8216;product concerned&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(32)</p></td><td><p>The investigation indicated that biodiesel produced in Indonesia is primarily palm oil methyl ester (&#8216;PME&#8217;), which is derived from palm oil. Biodiesel produced in the Union is instead mainly rapeseed methyl ester (&#8216;RME&#8217;) but made also from other feedstock, including waste oils as well as virgin oils.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(33)</p></td><td><p>PME and RME both belong to the category of fatty-acid mono-alkyl esters.&#160;The term &#8216;ester&#8217; refers to the transesterification of vegetable oils, namely, the mingling of the oil with alcohol, which produces biodiesel and, as a by-product, glycerine. The term &#8216;methyl&#8217; refers to methanol, the most commonly used alcohol in the process. Fatty-acid mono-alkyl esters are also known as &#8216;fatty-acid methyl esters&#8217; or FAME.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(34)</p></td><td><p>Although PME and RME are both fatty-acid mono-alkyl esters, they also have partially different physical and chemical properties, and notably they have a different cold filter plugging point (&#8216;CFPP&#8217;). The CFPP is the temperature at which a fuel will cause a fuel filter to plug due to the crystallization or jellification of some fuel components.&#160;For RME, the CFPP can be &#8211;&#160;14&#160;&#176;C while for PME it is about 13&#160;&#176;C. The market often describes biodiesel at a particular CFPP as FAMEX, such as FAME0 or FAME5.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(35)</p></td><td><p>The product concerned is currently falling under CN codes ex&#160;1516&#160;20&#160;98 (TARIC codes 1516209821, 1516209829 and 1516209830), ex&#160;1518&#160;00&#160;91 (TARIC codes 1518009121, 1518009129 and 1518009130), ex&#160;1518&#160;00&#160;95 (TARIC code 1518009510), ex&#160;1518&#160;00&#160;99 (TARIC codes 1518009921, 1518009929 and 1518009930), ex&#160;2710&#160;19&#160;43 (TARIC codes 2710194321, 2710194329 and 2710194330), ex&#160;2710&#160;19&#160;46 (TARIC codes 2710194621, 2710194629 and 2710194630), ex&#160;2710&#160;19&#160;47 (TARIC codes 2710194721, 2710194729 and 2710194730), 2710&#160;20&#160;11, 2710&#160;20&#160;15, 2710&#160;20&#160;17, ex&#160;3824&#160;99&#160;92 (TARIC codes 3824999210, 3824999212 and 3824999220), 3826&#160;00&#160;10 and ex&#160;3826&#160;00&#160;90 (TARIC codes 3826009011, 3826009019 and 3826009030).</p></td></tr></tbody></table> 2.2. Like product <table><col/><col/><tbody><tr><td><p>(36)</p></td><td><p>The investigation showed that the following products have the same basic physical, chemical, and technical characteristics as well as the same basic uses:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the product concerned;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the product produced and sold on the domestic market of Indonesia;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the product produced and sold in the Union by the Union industry.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(37)</p></td><td><p>The Commission decided that, for the purpose of this investigation, those products are therefore like products within the meaning of Article 2(c) of the basic Regulation.</p></td></tr></tbody></table> 3. SUBSIDISATION 3.1. Subsidies and subsidy programmes within the scope of the current investigation <table><col/><col/><tbody><tr><td><p>(38)</p></td><td><p>On the basis of the information available, including information contained in the complaint, the Notice of Initiation and the replies to the Commission's questionnaire, the Commission investigated the alleged subsidisation by the GOI through the following subsidy programmes:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>direct transfer of funds, such as direct subsidies granted through the Biodiesel Subsidy Fund;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>government support to the biodiesel industry including through the provision of CPO for less than adequate remuneration;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>government support to the biodiesel industry including through revenue forgone or not collected such as income tax benefits for listed investments, industrial estate subsidies, pioneer industry tax benefits, import duty facility and tax exemption on VAT;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>provision of export financing and guarantees on preferential terms by the Indonesian Eximbank.</p></td></tr></tbody></table></td></tr></tbody></table> 3.2. Government support to the biodiesel industry through direct transfer of funds via the ‘Biodiesel Subsidy Fund’ 3.2.1. The complaint and the subsidy scheme <table><col/><col/><tbody><tr><td><p>(39)</p></td><td><p>The complainant claimed that the GOI supports the biodiesel industry by providing grants to the Indonesian biodiesel producers in the amount of the difference between the GOI's reference price for biodiesel and the price at which oil companies purchase biodiesel, namely the reference price for diesel oil.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(40)</p></td><td><p>The investigation established that the &#8216;Biodiesel Subsidy Fund&#8217;, which is part of the Oil Palm Plantation Fund (&#8216;OPPF&#8217;), was established in 2015 by Presidential Regulation No.&#160;61/2015.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(41)</p></td><td><p>Presidential Regulation 61/2015 entrusted an agency, the Oil Palm Plantation Fund Management Agency (the &#8216;Management Agency&#8217;) to collect export levies on the exportation of palm oil commodities by virtue of Minister of Finance Regulation No.&#160;133/PMK.05/2015.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(42)</p></td><td><p>The money collected by the customs authorities through the export levies on palm oil products constitutes the funds of the OPPF and the latter is formally controlled by the Management Agency.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(43)</p></td><td><p>The higher in the value chain each specific product is, the higher the export levy: the export levy on CPO during the investigation period was set at 50&#160;USD/tonne while on derivatives, including biodiesel, at 20&#160;USD/tonne.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(44)</p></td><td><p>By Presidential Regulations 24/2016 and 26/2016, the GOI clarified that the mandate of the Biodiesel Subsidy Fund includes the procurement and utilization of biodiesel on the domestic market. Particularly, the GOI stipulates that the OPPF shall be used to support purchases of biodiesel by entities appointed by governmental bodies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(45)</p></td><td><p>More precisely, Presidential Regulation 26/2016 stipulates in its Article 9(1) that &#8216;[t]he Director General of EBTKE shall appoint the Petrofuel Entity which shall carry out the procurement of biodiesel as meant in Article 4 in the framework of financing by the Fund Management Agency by observing the policy of the Steering Committee of the Fund Management Agency&#8217; and in the following Article 9(8) that &#8216;[b]ased on the approval from the Minister as meant in paragraph (7), the Director General of EBTKE on behalf of the Minister shall appoint: a. the biodiesel producers which are going to participate in the procurement of biodiesel; and b. the allocation of volume of biodiesel for each biodiesel producer&#8217;. Moreover, the Steering Committee of the Management Agency is composed exclusively of officials of various ministries of the GOI.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(46)</p></td><td><p>The biodiesel producers which choose to participate and have been allocated a quota pursuant to that regulation are under the obligation to sell the monthly amount of biodiesel to the so-called &#8216;Petrofuel Entity&#8217;. So far, the GOI has appointed the following as Petrofuel Entity:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>PT Pertamina (&#8216;Pertamina&#8217;), a State-owned oil and gas company, and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>PT AKR Corporindo Tbk (&#8216;AKR&#8217;), a private oil and gas company.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(47)</p></td><td><p>The OPPF envisages a specific payment mechanism, whereby Pertamina (and for some small volumes, AKR) pays biodiesel producers the diesel reference price (as opposed to the actual biodiesel price which, during the IP. would have been higher), whereas the difference between such diesel reference price and the biodiesel reference price is paid to the biodiesel producers out of the OPPF by the Management Agency.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(48)</p></td><td><p>The reference price for diesel and biodiesel is determined by the Minister of Energy and Mineral Resources, as per Article 19 of Presidential Regulation 61/2015, in a following way:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>The diesel reference price is based on prices reported by Platts Singapore for oil (MOPS)&#160;<a>(<span>5</span>)</a> and the production cost of diesel in Indonesia.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Pursuant to Decree of the Minister of Finance No 2026/2017, the biodiesel reference price is based on the CPO domestic price, to which transformation costs are added (of 125 USD/MT until 5&#160;May 2017, and since then, of 100 USD/MT). During the verification visit, the GOI explained that the amount of transformation costs added to the CPO domestic price is subject to an yearly review, which however does not necessarily result in a change in that amount. The GOI in fact explained that if the annual review indicates that the amount of transformation cost is still appropriate, no change is made.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(49)</p></td><td><p>More precisely, each biodiesel producer &#8211; including all the exporting producers &#8211; invoices Pertamina (or AKR, as the case may be) the volume of biodiesel which the buyer is required to use under the blending obligation, and Pertamina (or AKR) pays to the producer the diesel reference price for that period. The investigation revealed that the vast majority of the sales by the biodiesel producers were made to Pertamina and a small portion to AKR. Moreover, the sales to AKR were fully identical to the ones made to Pertamina in terms of prices and all other conditions attached. Consequently, the Commission focused its analysis below on the sales to Pertamina.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(50)</p></td><td><p>The producer of biodiesel, in order to obtain reimbursement of the price difference between the price paid by Pertamina and AKR (based on the diesel reference price) and the reference price for biodiesel, shall then send an additional invoice for the same volume to the Management Agency, enclosing a list of documents.&#160;Once the Management Agency has received the invoice, and after verification of the elements contained therein, the Management Agency shall pay to the relevant biodiesel producer the difference between the reference price for diesel (paid by Pertamina or AKR, as the case may be) and the reference price of biodiesel set for that period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(51)</p></td><td><p>In this investigation, the Commission examined whether the set of measures adopted by the GOI to support the Indonesian biodiesel industry through the payments by the Management Agency amount to a countervailable subsidy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(52)</p></td><td><p>In order to establish the existence of a countervailable subsidy, three elements must be present: (a) a financial contribution or income/price support; (b) a benefit, and (c) specificity (Article 3 of the basic Regulation).</p></td></tr></tbody></table> 3.2.2. Analysis 3.2.2.1. Financial contribution <table><col/><col/><tbody><tr><td><p>(53)</p></td><td><p>At the outset, the Commission observed that during the investigation period all the exporting producers chose to participate in the procurement of biodiesel and thus were under the obligation to sell biodiesel to Pertamina and AKR. The Commission also observed that during the investigation period the reference price for biodiesel was higher than the reference price for mineral diesel. As a result, during the investigation period all the exporting producers received payments from the OPPF.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(54)</p></td><td><p>Article 3(1)(a)(i) of the basic Regulation states that there is a financial contribution by the government where the government practice involves a direct transfer of funds.&#160;In line with the provision of the WTO Agreement on Subsidies and Countervailing Measures (the &#8216;SCM Agreement&#8217;), Article 2 of the basic Regulation stipulates that &#8216;government&#8217; means a government or any public body within the territory of the country of origin or export.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(55)</p></td><td><p>The WTO Appellate Body in the Report on the US-Anti-Dumping and Countervailing Duties (China) found that the term &#8216;public body&#8217; means an entity that &#8216;possesses, exercises or is vested with governmental authority&#8217;&#160;<a>(<span>6</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(56)</p></td><td><p>The Commission observed that the OPPF has been created by an act of the GOI and the Management Agency has been explicitly entrusted by the GOI with the duty to make payments to biodiesel producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(57)</p></td><td><p>First, Article 11 of Presidential Regulation 66/2018 defined the remit of the OPPF by broadening it as follows: &#8216;(1) The collected Fund shall be used for: a. development of Oil Palm Plantation human resources; b. Research and development of Oil Palm Plantation; c. Promotion of Oil Palm Plantation; d. rejuvenation of Oil Palm Plantation; and e. Oil Palm Plantation facilities and infrastructures.&#160;(2) The use of Fund collected for the interests as referred to in paragraph (1), including for the fulfilment of Oil Palm Plantation products for the need of food, Oil Palm Plantation downstream industry development, and procurement and use of biodiesel.&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(58)</p></td><td><p>Second, in its Article 18(1), that regulation expressly stipulates that &#8216;the use of fund for provision and utilization of biodiesel referred to in Article 11 paragraph (2) is purported to cover the difference between market index price of diesel and the market index price of biodiesel.&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(59)</p></td><td><p>Hence, the Commission observed that the legal acts implementing the OPPF expressly confirm that its funds are used for the benefit of the biodiesel producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(60)</p></td><td><p>For that purpose, pursuant to Article 1(4) of Presidential Regulation 61/2015 the GOI granted the Management Agency the right to use the export levies and export taxes imposed on palm oil and its derivatives and imposed the duty to procure and use biodiesel. The collection is however practically carried out by the customs authorities.&#160;The Commission therefore took the view that the Management Agency possesses, exercises or is vested with governmental authority.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(61)</p></td><td><p>Consequently, the Commission concluded that the legal framework set out above effectively grants the Management Agency the exercise of governmental functions with respect to the biodiesel sector. The Commission therefore concluded that the Management Agency acts as a public body in the sense of Article 2(b) of the basic Regulation read in conjunction with Article 3(1)(a)(i) of the basic Regulation and in accordance with the relevant WTO case-law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(62)</p></td><td><p>With regard to the required &#8216;direct transfer of funds&#8217;, the investigation established that after having received an invoice from the biodiesel producers together with all the appropriate documentation&#160;<a>(<span>7</span>)</a> and carried out appropriate verifications, the Management Agency directly pays the amount due (i.e. the differential between the diesel reference price and the biodiesel reference price) to the biodiesel producers.&#160;The Commission further noted that it was undisputed by both the GOI and all the exporting producers that the Management Agency made direct cash/bank transfers to those producers selling biodiesel to Pertamina and AKR to cover for the difference between the reference price for mineral diesel paid by Pertamina and AKR and the reference price for biodiesel. Hence, the Commission took the view that the grants made by the Management Agency amount to a &#8216;direct transfer of funds&#8217; within the meaning of Article 3(1)(a)(i) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(63)</p></td><td><p>In this regard, the argument put forward by the GOI that the financial resources employed by the Management Agency to pay out the biodiesel producer were entirely privately sourced and that therefore there was no financial contribution must be rejected. The Commission in fact observed that the basic Regulation, in line with the SCM Agreement, does not take into account the origin or nature (public or private) of the funds transferred by the government. Rather, an evaluation of the existence of a financial contribution involves consideration of the nature of the transaction through which something of economic value is transferred by a government. In other words, what matters is that the transfer of funds is attributable to the State (as opposed to private funds used at the discretion of private operators)&#160;<a>(<span>8</span>)</a>. A wide range of transactions falls within the meaning of &#8216;financial contribution&#8217; in Article 1.1(a)(1). According to paragraphs (i) and (ii) of Article 1.1(a)(1), a financial contribution may be made through a direct transfer of funds by a government, or the foregoing of government revenue that is otherwise due&#160;<a>(<span>9</span>)</a>. As already explained, the Management Agency, as a public body, made direct transfer of funds to the biodiesel producers from the OPPF, which is nurtured from the compulsory collection of export levies and export takes on public and private operators, and therefore fully complied with the definition of financial contribution of the Appellate Body.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(64)</p></td><td><p>In addition to the above, the Commission further observed that the funds available to the OPPF originate from the collection of the export levies and export taxes imposed on CPO and its derivatives.&#160;The GOI during the verification visit explained that the export levy is collected by the customs authorities before exportation of the goods and, despite its claim that it is collected exclusively for the purposes of financing the OPPF, could not prove that it is collected outside the specific accounts of the GOI's budget. Absent any evidence to the contrary, the Commission concluded that the levy is collected as part of the general budget of the State. The fact that the levy is then directed to the OPPF is just the manner how the GOI uses the public revenue collected from the export levies and export taxes.&#160;In any event, the OPPF consists of funds which are collected by means of export levies and export taxes imposed by the GOI and the funds are controlled by the Management Agency. Therefore, they amount to public resources, regardless of whether they are an integral part of the State's budget.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(65)</p></td><td><p>As regards the GOI's argument that the transfer of funds from the OPPF to biodiesel producers does not confer any benefit to the recipients as biodiesel producers paid more into the OPPF than what they received, the Commission observes the following. First, the remit of the OPPF is wider than supporting the biodiesel industry. Rather, the OPPF is an expression of a wider policy of the GOI encompassing the whole palm oil value chain. All exporters of CPO (and processed goods) in fact pay the levy into the fund when their product is exported. CPO can be used in a wide variety of application, such as food consumption, cosmetics and the chemical industry. The export levies collected for the OPPF are therefore not exclusively linked to transfer of funds to the biodiesel industry and no automatic offset can be done.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(66)</p></td><td><p>Second, and as already explained above in recital (64), the funds used by the Management Agency derive entirely from the general budget of the GOI (which are allocated to the OPPF). The collection of the export levy is carried out by customs and the levies are paid into the general budget of the State. The funds used are therefore not equivalent to voluntary payments made by biodiesel producers, which are then used entirely for the benefit of the biodiesel producers (without any discretion by the biodiesel producers, who do not have any saying on how the OPPF is used). The funds are collected by the GOI through compulsory export levies and export taxes, some paid by biodiesel producers, by also CPO producers and other producers of associated CPO products.&#160;The GOI then decides to use such resources for the benefit of biodiesel producers through the OPPF.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(67)</p></td><td><p>The Commission also observed that in their responses to the questionnaire, the exporting producers indicated that most of the CPO utilised in the production of biodiesel is locally sourced, and therefore not subject to neither export tax nor export levy. The Commission therefore assumed that the exports of CPO for which the exporting producers (or, more precisely, their related CPO producers) paid export taxes and levies concerned value chains other than the biodiesel value chain.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(68)</p></td><td><p>The Commission therefore concluded that the export taxes and levies collected by the GOI from such exports are therefore not linked to the biodiesel industry as such, so that the GOI's argument that the OPPF does not confer any benefit to the recipients as biodiesel producers paid more into the OPPF than what they received is rejected. In fact, contrary to the GOI's allegation, for the biodiesel value chain the exporting producers were better off in the sense that they received from OPPF more than they have paid into it.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(69)</p></td><td><p>In light of the foregoing, the Commission concluded that the disbursements made by the Management Agency to the biodiesel producers qualify as &#8216;financial contribution in the form of a direct transfer of funds from a government&#8217; pursuant to Article 3(1)(a)(i) of the basic Regulation. It is undisputed that in the purchases by Pertamina and AKR of biodiesel pursuant to the blending requirements the Management Agency covered the difference between the price paid by Pertamina and AKR (on the basis of the reference price for mineral diesel) and the (higher) reference price for biodiesel. In this respect, the biodiesel producers received a grant from the GOI amounting for such difference&#160;<a>(<span>10</span>)</a>.</p></td></tr></tbody></table> 3.2.2.2. Benefit <table><col/><col/><tbody><tr><td><p>(70)</p></td><td><p>For the reasons set out below, the Commission took the view that the direct transfers made by the Management Agency confer a benefit to the exporting producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(71)</p></td><td><p>Indeed, the exporting producers are put in a better situation than they would be absent the scheme. To put it simply, the transfer of funds made by the Management Agency amount to grants and the market does not provide for free grants.&#160;Those grants place the biodiesel producers in a better position than they otherwise would have been in the marketplace&#160;<a>(<span>11</span>)</a>. Absent the scheme the biodiesel producers would only obtain the payment from Pertamina and AKR at the price of mineral diesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(72)</p></td><td><p>In light of the above, the Commission considered that the money paid by the Management Agency to the biodiesel producers for the biodiesel sold in order to cover the difference between the diesel reference price paid by Pertamina and the biodiesel reference price is a benefit in their favour in the sense of Article 3(2) of the basic Regulation.</p></td></tr></tbody></table> 3.2.2.3. Specificity <table><col/><col/><tbody><tr><td><p>(73)</p></td><td><p>First, the Commission observed that the OPPF is available for a limited number of industries, all relating to the CPO value chain. This limitation originates directly from the applicable legislation. First, the support of the palm oil value chain is the main explicit aim of Presidential Regulation 61/2015 establishing the OPPF. In its preamble, it is stated that the OPPF is needed &#8216;to ensure the continuous development of oil palm plantation, it requires a national strategy supported by management of fund for continuous development of oil palm plantation&#8217;. In its article 1 that legislation further specifies that &#8216;Oil Palm Plantation means all activities of management of natural resources, human resources, production facility, equipment and machinery, cultivation, harvest, processing, and marketing related to Oil Palm Plantation&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(74)</p></td><td><p>In Article 11 it is then stipulated that &#8216;The collected Fund shall be used for: a. development of Oil Palm Plantation human resources; b. Research and development of Oil Palm Plantation; c. Promotion of Oil Palm Plantation; d. rejuvenation of Oil Palm Plantation; and e. Oil Palm Plantation facilities and infrastructures&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(75)</p></td><td><p>The Commission therefore concluded that the OPPF is de jure specific pursuant to article 4(2)(a) of the basic Regulation as the legislation pursuant to which the granting authority operates, explicitly limits access to the subsidy to certain enterprises, namely those active in the CPO value chain.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(76)</p></td><td><p>In any event, even if there would be no de jure specificity, the Commission took the view that the GOI directs the Management Agency to support only de facto the biodiesel industry. The evidence collected in the course of the investigation in fact and referred to in paragraph (122) below indicates that the vast majority of money paid by the Management Agency is devoted to paying biodiesel producers the differential between the MOPS and the biodiesel reference price.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(77)</p></td><td><p>The Commission therefore took the view that the GOI's manages the OPPF in such a way that makes it de facto specific. According to Article 4(2)(c) of the basic Regulation, a subsidy can be de facto specific if certain criteria are met, such as, the &#8216;use of a subsidy programme by a limited number of certain enterprises; predominant use by certain enterprises; the granting of disproportionately large amounts of subsidy to certain enterprises; the manner in which discretion has been exercised by the granting authority in the decision to grant a subsidy&#8217;. In this case the Commission observed that the behaviour of the OPPF perfectly fits in this list. Particularly, as explained above, the fund is predominantly used by the biodiesel industry and the granting authority exercised its discretion in doing so.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(78)</p></td><td><p>This finding is also in line with the WTO case law. In EC and certain Member States &#8211; Large Civil Aircraft, the Panel explained that &#8216;The ordinary meaning of the word &#8220;predominant&#8221; includes &#8220;constituting the main or strongest element; prevailing&#8221;. Thus, &#8220;predominant use {of a subsidy programme} by certain enterprises&#8221; may be simply understood to be a situation where a subsidy programme is mainly, or for the most part, used by certain enterprises&#8217;&#160;<a>(<span>12</span>)</a>. In that decision, the Panel further explained that &#8216;where a subsidy programme operates in an economy made up of only a few industries, the fact that those industries may have been the main beneficiaries of a subsidy programme may not necessarily demonstrate &#8220;predominant use&#8221;. Rather, use of the subsidy programme by those industries may simply reflect the limited diversification of economic activities within the jurisdiction of the granting authority. On the other hand, the same subsidy programme operating in the context of a highly diversified economy that is used mainly, or for the most part, by only a few industries would tend to indicate &#8220;predominant use&#8221;&#8217;&#160;<a>(<span>13</span>)</a>. In the case at hand the subsidy is available for the palm oil value chain only, but within that industry for a wide array of applications.&#160;However, if the reasoning of the Panel is applied to the facts of this case, the Commission considered that the fact that the most part of the OPPF is used to finance the biodiesel payments qualifies as &#8216;predominant use&#8217; as defined above since the biodiesel industry is the main beneficiary. The Commission further observes that the biodiesel industry is one of the many industries in a diversified economy&#160;<a>(<span>14</span>)</a> and that the OPPF has been supporting almost exclusively the biodiesel industry since its setting up.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(79)</p></td><td><p>In light of the above, the Commission therefore concluded that the GOI's set of measures were directed to benefit the domestic biodiesel industry. In addition to being de iure specific under Article 4(2)(a) of the basic Regulation, they are also de facto specific under Article 4(2)(c) of the basic Regulation.</p></td></tr></tbody></table> 3.2.3. Conclusion <table><col/><col/><tbody><tr><td><p>(80)</p></td><td><p>The Commission provisionally found that through a set of measures the GOI provided support to the biodiesel industry including through direct transfer of funds via the &#8216;Biodiesel Subsidy Fund&#8217;. The GOI conferred a benefit to the recipients which is specific, thus amounting to a countervailable subsidy.</p></td></tr></tbody></table> 3.2.4. Calculation of the subsidy amount <table><col/><col/><tbody><tr><td><p>(81)</p></td><td><p>In accordance with Article 5 of the basic Regulation, the Commission calculated the amount of countervailable subsidy for each exporting producer in terms of the benefit conferred on the recipient found to exist during the IP. The Commission assessed the benefit as being the total amount of grant received from the OPPF during the IP. In accordance with Article 7(2) of the basic Regulation, the Commission allocated those subsidy amounts over the total turnover generated by the sales of biodiesel of the exporting producers during the investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(82)</p></td><td><p>The subsidy rate provisionally established with regard to this set of measures during the investigation period for the exporting producers amounts to:</p><table><col/><col/><tbody><tr><td><p>Company</p></td><td><p>Subsidy rate</p></td></tr><tr><td><p>PT Ciliandra Perkasa</p></td><td><p>7,91 %</p></td></tr><tr><td><p>PT Intibenua Perkasatama and PT Musim Mas (Musim Mas Group)</p></td><td><p>11,83 %</p></td></tr><tr><td><p>PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo (Permata Group)</p></td><td><p>12,76 %</p></td></tr><tr><td><p>PT Wilmar Nabati Indonesia and PT Wilmar Bioenergi Indonesia (Wilmar Group)</p></td><td><p>12,23 %</p></td></tr></tbody></table></td></tr></tbody></table> 3.3. Government support to the biodiesel industry including through the provision of palm oil (CPO) for less than adequate remuneration 3.3.1. The complaint and the subsidy scheme <table><col/><col/><tbody><tr><td><p>(83)</p></td><td><p>The complaint contended that the CPO prices are distorted in Indonesia because of the GOI's intervention. In particular, the complaint indicated that the GOI has implemented a policy of imposing high export taxes on CPO. CPO is the main raw material used for the production of biodiesel in Indonesia, and represents around 85&#160;% of total production costs of biodiesel. According to the complaint, in doing so the GOI is ensuring that the price of raw materials for the production of biodiesel remains significantly lower than global prices, to the benefit of the Indonesian biodiesel producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(84)</p></td><td><p>Moreover, according to the complaint, the GOI introduced in May 2015 an export levy of USD 50 per tonne on CPO and lower on downstream processed palm oil products, the specific rate depending on the product.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(85)</p></td><td><p>The complainant claimed that by imposing high export taxes and levies on CPO, the GOI has a depressing effect on the domestic palm oil price in Indonesia, conferring a discernible benefit to biodiesel producers.&#160;It also encourages private CPO producers to sell their products to Indonesian biodiesel producers.&#160;By consequence, the complainant alleges that the GOI entrusts or directs Indonesian palm oil producers to provide CPO to biodiesel producers for less than adequate remuneration.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(86)</p></td><td><p>The investigation showed that indeed the GOI imposes both an export tax and an export levy on CPO.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(87)</p></td><td><p>The export tax was first implemented in 1994. Since its introduction, it has been amended a number of times.&#160;In the latest version (Decree N<span>o</span> 140/PMK.010/2016), the export tax consists of a progressive tariff schedule on crude palm oil as well as on 22 other products, including biodiesel (which is consistently given a lower rate than CPO). Indonesian exporters pay a sliding tax linked to the GOI's reference price for CPO exports.&#160;So when the GOI's reference export price increases, so does the export tariff.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(88)</p></td><td><p>When the reference price is below USD 750 per tonne, the applicable export tax rate is 0&#160;%. During the investigation period, the CPO price remained below the USD 750 per tonne threshold and therefore no export tax was payable.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(89)</p></td><td><p>In addition to the export tax, during the investigation period the GOI imposed an export levy on CPO and the downstream products.&#160;The export levy during the investigation period was set at USD 50 per ton for CPO and at USD 20 per ton for biodiesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(90)</p></td><td><p>In addition to the export tax and levy on CPO and downstream products, the GOI also intervenes in the CPO market by de facto controlling, through the State owned company PTPN, the domestic CPO prices, ensuring that CPO is sold at an artificially low level. Moreover, the GOI provides subsidies to CPO producers in order to ensure that they comply with the policy of providing CPO at artificially low prices.</p></td></tr></tbody></table> 3.3.2. The application of the provisions of Article 28(1) of the basic Regulation <table><col/><col/><tbody><tr><td><p>(91)</p></td><td><p>The Commission informed the GOI that it might have to resort to the use of facts available under Article 28(1) of the basic Regulation when examining the existence and the extent of the alleged support granted to the biodiesel industry including through the provision of CPO for less than adequate remuneration.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(92)</p></td><td><p>At initiation, the Commission requested the GOI to forward Appendix B attached to the anti-subsidy questionnaire (questionnaire for palm oil suppliers) to all producers and distributors of palm oil, which have provided palm oil to the exporting producers.&#160;Appendix B consisted of a word document (&#8216;<span>Appendix B_Input supplier Palm Oil</span>&#8217;) and an excel file (&#8216;<span>Mini questionnaire intended for Suppliers</span>&#8217;). Following a request of the GOI, given the significant number of companies providing the main input for the product concerned, in the spirit of good cooperation and in order to collect at least some relevant data for the investigation, the Commission by email of&#160;7&#160;January 2019 agreed to limit the scope of its request asking the GOI to forward Appendix B and the mini-questionnaire to the ten biggest CPO suppliers in terms of volume per exporting producer.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(93)</p></td><td><p>The Commission, in its deficiency letter to the GOI of 1&#160;March 2019, took note of the fact that it had not received any reply to Appendix B of the questionnaire from the palm oil suppliers of PT Musim Mas, PT&#160;Intibenua Perkasatama, PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo.&#160;In particular, the Commission underlined that it had not received a reply even from the state-owned CPO suppliers including PTPN. Other CPO suppliers, including those related to the exporting producers, complied with that request.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(94)</p></td><td><p>In the reply to the deficiency letter, the GOI stated that it had fulfilled its obligation to communicate Appendix B and mini questionnaires to the relevant Indonesian CPO suppliers.&#160;As evidence the GOI submitted the postal record showing delivery receipts to relevant Indonesian CPO suppliers.&#160;No other evidence of the GOI's attempts to contact these providers, in particular PTPN, was provided. A similar explanation was provided during the verification visit at the GOI. Notwithstanding the above, PTPN never submitted a duly completed Appendix B to the Commission.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(95)</p></td><td><p>Consequently, with regard to the alleged government provision of CPO for less than adequate remuneration, the GOI did not provide the necessary information and evidence as requested by the Commission in its questionnaire and during the verification visit.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(96)</p></td><td><p>The absence of sufficient cooperation did not allow the Commission to collect all the information it considered relevant for its findings in this investigation. More specifically, the Commission could not obtain from the GOI information on the palm oil market based on direct information provided by CPO suppliers nor does it have complete information regarding PTPN's role on this market with regard to the biodiesel industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(97)</p></td><td><p>The GOI claimed that it had provided aggregate data concerning PTPN, which would also include the data requested in Appendix B of the questionnaire. In this respect, the Commission observed that the GOI provided data with regard to PTPN in response to the questionnaire, which included information on its management structure, annual reports and transaction data. However, the Commission noted that it did not receive any of the detailed information which it requested in the Appendix B of the questionnaire which would have allowed it to acquire a complete understanding of the role of PTPN on the palm oil market and of the other relevant producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(98)</p></td><td><p>After having received the letter informing the GOI of the possible application of Article 28 of the basic Regulation, the GOI submitted a reply to the Appendix B for PTPN on 30&#160;June 2019. The Commission however observed that the reply was submitted long after the deadline for the submission of that information (12&#160;March 2019, extended by the Commission to 14&#160;March 2019) and after the verification visit at the GOI's premises had taken place. The Commission therefore considered that the submission was not submitted in good time, was not verifiable and the GOI has not acted to the best of its ability in accordance with Article 28 of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(99)</p></td><td><p>In the absence of information to the contrary received from the GOI, the Commission partially relied on facts available for its findings regarding those aspects of the investigation in accordance with Article 28 of the basic Regulation.</p></td></tr></tbody></table> 3.3.3. Analysis <table><col/><col/><tbody><tr><td><p>(100)</p></td><td><p>In order to establish the existence of a countervailable subsidy, three elements must be present: (a) a financial contribution or income/price support; (b) a benefit, and (c) specificity (Article 3 of the basic Regulation)&#160;<a>(<span>15</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(101)</p></td><td><p>For the first element, the Commission analysed if the set of measures adopted by the GOI lead to a financial contribution in the form of government's provision of CPO for less than adequate remuneration to the Indonesian biodiesel exporting producers, following Article 3(1)(a) of the basic Regulation, and/or whether the set of measures adopted by the GOI falls under the category of income/price support of the biodiesel industry, following Article 3(1)(b) of the basic Regulation.</p></td></tr></tbody></table> 3.3.3.1. Financial contribution <table><col/><col/><tbody><tr><td><p>(102)</p></td><td><p>At the outset, the Commission observed that all exporting producers purchased CPO domestically from either related or unrelated companies to process into refined bleached deodorized palm oil and then biodiesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(103)</p></td><td><p>Article 3(1)(a)(iv), second indent, of the basic Regulation states that a financial contribution exists if a government: &#8216;entrusts or directs a private body to carry out one or more of the type of functions illustrated in points (i), (ii) and (iii) which would normally be vested in the government, and the practice, in no real sense, differs from practises normally followed by governments&#8217;. The type of functions described by Article 3(1)(a)(iii) of the basic Regulation occurs where &#8216;a government provides goods or services other than general infrastructure, or purchases goods&#8230;&#8217;. Those provisions mirror paragraphs (iii) and (iv) of Article 1.1(a)(1) of the SCM Agreement and should be interpreted and applied in the light of the relevant WTO case law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(104)</p></td><td><p>The WTO panel in US &#8211; Export Restraints&#160;<a>(<span>16</span>)</a> ruled that the ordinary meaning of the two words &#8216;entrust&#8217; and &#8216;direct&#8217; in Article 1.1(a)(1)(iv) of the SCM Agreement require that the action of the government must contain a notion of delegation (in the case of entrustment) or command (in the case of direction). It rejected the US &#8216;cause-and-effect-argument&#8217; and asked for an explicit and affirmative action of delegation or command.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(105)</p></td><td><p>However, in a subsequent case&#160;<a>(<span>17</span>)</a>, the Appellate Body held that the replacement of the words &#8216;entrusts&#8217; and &#8216;directs&#8217; by &#8216;delegation&#8217; and &#8216;command&#8217; is too rigid as a standard. According to the Appellate Body, &#8216;entrustment&#8217; occurs where a government gives responsibility to a private body and &#8216;direction&#8217; refers to situations where the government exercises its authority over a private body.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(106)</p></td><td><p>In both cases, the government uses a private body as proxy to effectuate the financial contribution, and &#8216;in most cases, one would expect entrustment or direction of a private body to involve some form of threat or inducement&#8217;. At the same time, paragraph (iv) of Article 1.1(a)(1) of the SCM Agreement does not allow Members to impose countervailing measures to products &#8216;whenever the government is merely exercising its general regulatory powers&#8217; or where government intervention &#8216;may or may not have a particular result simply based on the given factual circumstances and the exercise of free choice by the actors in that market&#8217;. Rather, entrustment and direction implies &#8216;a more active role of the government than mere acts of encouragement&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(107)</p></td><td><p>Moreover, the WTO did not consider that &#8216;leaving discretion to a private body is necessarily at odds with entrusting or directing that private body [&#8230;]&#160;<a>(<span>18</span>)</a>. While there may be cases where the breadth of discretion left to the private body is such that it becomes impossible to properly conclude that that private body has been entrusted or directed (to carry out a particular task), this is a factual/evidentiary matter to be addressed on a case-by-case basis.&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(108)</p></td><td><p>In line with those WTO rulings, not all government measures capable of conferring benefits equate to a financial contribution under Article 3 of the basic Regulation and Article 1.1 (a) of the SCM Agreement. There must be evidence of a government policy or programme to promote the industry under investigation (in this particular case the biodiesel/biofuels industry), by exercising authority over or giving responsibility to public or private bodies (here the CPO producers) to provide CPO for less than adequate remuneration to the biodiesel industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(109)</p></td><td><p>In a nutshell, the relevant WTO rulings provide that:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the determination of whether there is a &#8216;financial contribution&#8217; under Article 1.1(a)(1) of the SCM Agreement should focus on the<span>nature</span> of the government action, rather than on the<span>effects</span> or the<span>results</span> of the government action&#160;<a>(<span>19</span>)</a>. In other words, it is well-acknowledged that governments intervene in the market as<span>regulators</span> and, when so doing, they cause<span>effects</span> on the market and its operators.&#160;In this sense, e.g. a government may impose export taxes legitimately in order to generate revenue in case of a very competitive commodity in the international markets.&#160;In contrast, there is no such legitimate imposition of export restrictions when it becomes evident that the use of such instrument together with other mechanisms to keep commodities domestically and force suppliers to sell below market prices is part of a broader scheme engineered by the government to support a particular industry or set of industries to boost their competitiveness.&#160;Thus, the nature of the government action, including its context, object and purpose, is relevant in assessing the &#8216;financial contribution&#8217; element;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>&#8216;entrustment&#8217; or &#8216;direction&#8217; would involve an explicit and affirmative action addressed to a particular party in relation to a particular task or duty, this being very different from the situation in which a government intervenes in the market in some way, which may or may not have a particular<span>result</span> given the factual circumstances and exercise of free choice by the actors in that market. Ultimately, the key question behind the concepts of entrustment or direction is whether the conduct in question, i.e. the financial contribution in the form of provision of goods for less than adequate remuneration, can be attributed to the government or still is the free choice of the private operators in view of market considerations, such as regulatory constraints&#160;<a>(<span>20</span>)</a>;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>Article 1.1(a)(1)(iv) of the SCM Agreement is, in essence, an anti-circumvention provision and, thus, a finding of entrustment or direction requires that the government gives responsibility to a private body or exercises its authority over a private body in order to effectuate a financial contribution. In most cases, one would expect entrustment or direction of a private body to involve some form of threat or inducement, which could, in turn, serve as evidence of entrustment or direction&#160;<a>(<span>21</span>)</a>. However, governments are likely to have other means at their disposal to exercise authority over a private body some of which may be &#8216;more subtle&#8217; than a command or may not involve the same degree of compulsion&#160;<a>(<span>22</span>)</a>;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iv)</p></td><td><p>There must be &#8216;a demonstrable link&#8217; between the government act and the conduct of the private body&#160;<a>(<span>23</span>)</a>. There is no reason why a case of government entrustment or direction should not be premised on circumstantial evidence (such as implicit and informal acts of delegation or command), provided that such evidence is probative and compelling&#160;<a>(<span>24</span>)</a>. In this respect, evidence of the government's intention to support the downstream industry (for example, through publicly stated policies or government decisions, or other governmental actions), or the existence of other government measures ensuring a particular result on the market (e.g. an export restraint together with a government measure preventing operators subject to those restraints from stocking their products), may be relevant to determine the existence of a &#8216;financial contribution&#8217; under Article 1.1(a)(1)(iv) of the SCM Agreement (in particular as an indirect manner for the government to provide goods, as provided in sub-paragraph (iii)). In some circumstances, &#8216;guidance&#8217; by a government<span>can</span> constitute direction&#160;<a>(<span>25</span>)</a>. The presence of particular<span>effects</span> in the market (such as reduction of prices) may also be a factor to be taken into account together with all other available evidence, including the possibility of anticipating those effects in a particular context. Finally, depending on the circumstances, a private body may decide not to carry out a function with which it was so entrusted or directed, despite the possible negative consequences that may follow. This does not show, however, on its own, that the private body was not entrusted or directed&#160;<a>(<span>26</span>)</a>.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(110)</p></td><td><p>In line with that case-law, the Commission has reviewed very carefully the nature of the GOI's intervention, i.e. whether the GOI's intervention involves the entrustment of or direction to CPO producers, the nature of the entrusted bodies, i.e. whether the CPO producers are private bodies within the meaning of Article 3(1)(a)(iv) of the basic Regulation, and the action of the entrusted or directed bodies, i.e. whether the entrusted or directed CPO producers provide CPO to the Indonesian biodiesel industry for less than adequate remuneration and hence act as a proxy for the GOI. Moreover, the Commission has verified whether the function carried out would normally be vested in the government, i.e. whether the provision of CPO for less than adequate remuneration to biodiesel producers in Indonesia is a normal government activity, and whether such function does not, in real sense, differ from the practices normally followed by governments, i.e. whether the actual provision of CPO by producers, in real sense, differs from what the government would have done itself.</p></td></tr></tbody></table> 3.3.3.2. Entrustment or direction of CPO producers by the GOI <table><col/><col/><tbody><tr><td><p>(111)</p></td><td><p>In view of the WTO case-law referred to in recitals (104) to (109), the Commission analysed first whether the GOI's support to the Indonesian biodiesel industry is effectively an objective of a government policy and not merely a &#8216;side effect&#8217; of the exercise of general regulatory powers.&#160;The investigation examined in particular whether the price distortions found were part of the government's objectives, or whether the lower prices of CPO were rather an &#8216;inadvertent&#8217; by-product of general governmental regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(112)</p></td><td><p>The support to the biodiesel industry is achieved by a number of measures, and mainly through the export tax and levy imposed on CPO and the biodiesel subsidy fund.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(113)</p></td><td><p>The export tax regime on CPO was first introduced by the GOI in 1994 and has undergone, since then, several significant changes.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(114)</p></td><td><p>Originally, the purpose of the export tax was to secure local demand for, and to ensure price stability of cooking oil. In Regulation 128/PMK.011/2011 the objective was to protect domestic supply of cooking oil and to develop manufacturing industries downstream. The legislation specifically stated the following: &#8216;in the context of supporting the downstream efforts of the palm oil industry to increase added value downstream it is necessary to restructure Export Duty tariff&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(115)</p></td><td><p>The Indonesian export tax regime has undergone several changes since 1994, including changes to the minimum CPO price for which the export tax would be active, rate alterations, and changes to the way the rate is calculated from a percentage of sales prices to a nominal amount. The export tax was, in fact, originally introduced by Ministry of Finance's Decree 439/KMK.017/1994. In July 1997, Decree No.&#160;300/KMK.01/1997 changed the calculation methodology of the export tax and CPO exports were subject to a tax ranging between 7,5&#160;% and 22,5&#160;% depending on the GOI's reference price. In September 2007, the export tax calculation methodology was further revised through Decree No.&#160;94/PMK.011/2007 and Decree No 128/PMK.011/2011. In the latest Regulation No 13/2017, applicable during the IP, the Ministry of Finance defines a progressive export tax tariff ranging from USD 0/tonne - when the international crude palm oil (CPO) price is below USD 750 - up to USD&#160;200/tonne when the CPO price is above USD 1&#160;250.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(116)</p></td><td><p>During the investigation period, and pursuant to Decree No.&#160;13/2017, export taxes on CPO and other palm oil products are expressed in USD instead of a percentage of the price. Moreover, Indonesia's export tax will kick in when the government's reference price exceeds a certain level of price. Consequently and as submitted by the GOI in the context of the US investigation&#160;<a>(<span>27</span>)</a>, &#8216;higher export prices command higher tariff rates&#8217;. As a result, the GOI linked the export system directly to international CPO prices, and not to other concerns, such as production levels or environmental impact. It follows that the effects on prices paid by the exporting producers is not incidental but the direct and intended result of the measures designed by the GOI&#160;<a>(<span>28</span>)</a>. According to the legislation applicable during the investigation period, the applicable rate of export tax on CPO was the following:</p><p><span>Table 1</span></p><p><span>Export tax on CPO</span></p><table><col/><col/><tbody><tr><td><p>Price range USD</p></td><td><p>New system</p><p>USD/ton</p></td></tr><tr><td><p>&lt; 750</p></td><td><p>0</p></td></tr><tr><td><p>750-800</p></td><td><p>3</p></td></tr><tr><td><p>800-850</p></td><td><p>18</p></td></tr><tr><td><p>850-900</p></td><td><p>33</p></td></tr><tr><td><p>900-950</p></td><td><p>52</p></td></tr><tr><td><p>950-1&#160;000</p></td><td><p>74</p></td></tr><tr><td><p>1&#160;000 -1&#160;050</p></td><td><p>93</p></td></tr><tr><td><p>1&#160;050 -1&#160;100</p></td><td><p>116</p></td></tr><tr><td><p>1&#160;100 -1&#160;150</p></td><td><p>144</p></td></tr><tr><td><p>1&#160;150 -1&#160;200</p></td><td><p>166</p></td></tr><tr><td><p>1&#160;200 -1&#160;250</p></td><td><p>183</p></td></tr><tr><td><p>&gt; 1&#160;250</p></td><td><p>200</p></td></tr><tr><td><p><span>Source:</span> The Complaint</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(117)</p></td><td><p>As explained above, in 2015 the GOI also introduced an export levy on CPO and its derivatives.&#160;The rate of export levy during the investigation period was USD 50 per tonne on CPO and USD 30 per tonne on refined products.&#160;The introduction of the export levy coincided with a period where Indonesian prices were nearly identical to world prices.&#160;The introduction of the export levy allows biodiesel producers to purchase CPO at lower prices than would otherwise be available. In fact, domestic consumption significantly increased in 2016 compared to 2015 (see Table 2).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(118)</p></td><td><p>A number of documents show that the GOI explicitly pursued the support and development of the biodiesel industry as a policy objective, in particular by seeking to reduce the domestic price of the input materials (CPO) and thereby providing a financial contribution to the producers of biodiesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(119)</p></td><td><p>In this respect, the GOI made public statements indicating that support to the biodiesel industry is indeed the objective, or one of the main objectives, of the export tax regime. The Indonesian Directorate General for Customs and Excise has publicly explained that &#8216;the aims of export duties, (which) is to ensure the availability of raw materials and to spur the growth of the domestic downstream palm oil industry&#8217;&#160;<a>(<span>29</span>)</a>. The Commission therefore took note that the export tax system was devised and enacted precisely to support the downstream industries which use palm oil, of which biodiesel manufacturing is an integral part.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(120)</p></td><td><p>This finding is also supported by other public sources, which have analysed the export tax system put in place by the GOI. For example, the WTO in its latest trade policy review on Indonesia concluded that &#8216;The policy objectives regarding export taxes on commodities include price stabilization, fostering the development of downstream processing facilities, and reducing the rate of depletion of non-renewable resources in mining.&#8217; In its report, the WTO further remarked that &#8216;according to the [GOI's] authorities, export taxes on primary commodities can be used to reduce the domestic price of primary products in order to guarantee supply of intermediate inputs at below world market prices for domestic processing industries.&#160;In this way, export taxes provide an incentive for the development of domestic manufacturing or processing industries with higher value-added exports.&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(121)</p></td><td><p>The OECD also reached the same conclusion in its 2010 report on the economic impact of export restraints on raw materials finding that &#8216;export taxes on palm oil were imposed in Indonesia and Malaysia in order to support the development of biodiesel and cooking oil industries&#8217; and the European Parliament found that &#8216;Indonesia and Thailand also used export taxes to reduce the domestic price of palm oil and rice, respectively&#8217;&#160;<a>(<span>30</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(122)</p></td><td><p>With regard to the export levy, as explained above in recitals (64) to (65) the GOI, without being able to provide any evidence supporting this claim, explained that it is collected to fund the OPPF. The Commission however considered it to be is in essence a support mechanism for the biodiesel industry. Although the OPPF remit is broader than just supporting the biodiesel industry, as explained in recital (77) the Commission found evidence that de facto this was the OPPF's main activity during the investigation period: the vast majority of the OPPF's money was in fact used to support the biodiesel industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(123)</p></td><td><p>In light of all the above considerations, the Commission took the view that the objective of the export restraints system put in place by the GOI is indeed to directly and indirectly support the biodiesel industry and that this is not merely a &#8216;side effect&#8217; of the exercise of general regulatory powers.&#160;Far from being a regulatory measure with a government revenue purpose, the export restraints were designed, introduced and monitored by the GOI with the specific purpose of keeping CPO prices at lower level for the benefit of the downstream industries&#160;<a>(<span>31</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(124)</p></td><td><p>In addition to the export restraint system put in place by the GOI, the GOI further intervenes in the market in order to de facto control CPO prices through the State-owned company PTPN.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(125)</p></td><td><p>The GOI claims that PTPN acts as a rational market operator when selling CPO on the domestic market and that it operated independently on the market. However, the evidence available to the Commission shows that PTPN acts under strong influence of the GOI when selling CPO on the domestic market, acting de facto as a price setter.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(126)</p></td><td><p>As a preliminary remark, as already explained in recitals (93) to (96), the Commission pointed out that PTPN did not cooperate with the investigation and has not submitted the information requested. Representatives of PTPN were, however, present during the verification visit at the GOI. On that occasion, both PTPN itself and the GOI gave some explanations concerning PTPN's functioning, but without providing any supporting evidence to their claims.&#160;Therefore, the Commission based its analysis on facts available.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(127)</p></td><td><p>The Commission sought information about State ownership as well as formal indicia of government control in PTPN. It also analysed whether control had been exercised in a meaningful way. For this purpose, the Commission had to partially rely on facts available due to the refusal of the GOI and PTPN to provide evidence on the decision making process within the structures of PTPN.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(128)</p></td><td><p>PTPN is a 100&#160;% state owned group of companies which produces different commodities, including CPO. In addition, the Commission found that the GOI directly controls PTPN. During the verification visit, the GOI and PTPN explained that the former appoints all of the latter's corporate bodies.&#160;More precisely, the GOI and PTPN explained that:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>The GOI directly appoints PTPN's the entire Board of Directors;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>The Board of Directors is subject to the supervision of a &#8216;Board of Commissioners&#8217;, appointed exclusively by the GOI as well; and,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Ultimately, all corporate bodies report to the GOI.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(129)</p></td><td><p>In addition to the above, the investigation also showed that the Board of Directors is responsible for all relevant decisions taken by PTPN's group companies, including decision on pricing strategy for the sale of CPO as well as accepting the offers for CPO in the context of the auctioning system further described in recital (132). In light of the corporate governance system outlined above, the Commission therefore concluded that the GOI effectively directs all the decision making process of PTPN, therefore exercising decisive influence on the latter.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(130)</p></td><td><p>On the basis of available information, the Commission therefore concluded that PTPN is under the control of the GOI.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(131)</p></td><td><p>The investigation further obtained evidence that the GOI exercised meaningful control over PTPN when setting and accepting CPO prices, and that PTPN acts as a price setter for the Indonesian domestic CPO prices.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(132)</p></td><td><p>Indeed, PTPN organises daily auctions for its CPO. To have access to the online platform, companies need to register. The evidence collected in the course of the investigation indicates that the only requirements that companies have to comply with in order to register are of financial nature in order to guarantee their solvency. The Commission concluded that the price at which CPO is sold in these auctions is set by the GOI and does not reflect undistorted market conditions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(133)</p></td><td><p>The Commission took this view because of the decision making process of PTPN. Particularly, the GOI explained that PTPN, before launching the daily bidding process, identifies a &#8216;price idea&#8217; for the day. The Commission, however, verified that PTPN is not under the obligation to reject offers below the &#8216;price idea&#8217;. Contrary to that, when the price offered by prospective buyer is below that &#8216;price idea&#8217; the matter is referred to the Board of Directors which can decide to accept the offer. The Commission confirmed during the verification visit that these acceptances take place on a regular basis.&#160;In any event, the fact that the decisions on prices are taken by PTPN's management board where the GOI is solely represented indicates that the GOI exercises meaningful control over PTPN and its conduct relating to pricing decisions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(134)</p></td><td><p>In light of the fact that PTPN's Board of Directors is appointed by and reports to the GOI, the Commission concluded that the latter effectively sets the price of CPO on the domestic market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(135)</p></td><td><p>The investigation also showed that as a result of the meaningful control of the GOI PTPN does not act as a rational operator on the market. Based on the information available, it appears that PTPN, by following the GOI directives, has been loss making in the past years.&#160;Any rational operator, even more so a rational operator with such a pivotal importance on the CPO market, acting rationally would have maximised its profit rather than being loss making.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(136)</p></td><td><p>The investigation also showed that, by imposing an export tax and an export levy on CPO, the GOI further puts PTPN into an economically irrational situation, inducing it to sell CPO domestically for a lower price than it could have obtained in the absence of those export restraints.&#160;PTPN is therefore deprived of a rational choice and induced to comply with the policy objective behind the export tax and levy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(137)</p></td><td><p>In light of all the above, the Commission therefore concluded that PTPN is a public body&#160;<a>(<span>32</span>)</a>. The evidence available indicates that PTPN is exercising governmental functions when selling CPO on the market and indicating the price to be followed by all other CPO suppliers on the market, which is consistently and systematically followed. As explained in recital (142) below, the investigation indeed showed that no CPO supplier to the exporting producers sold at prices higher than the price set by PTPN. This price setting is in line with the scope and content of GOI's policies relating to the CPO and biodiesel sectors.&#160;Since CPO suppliers failed to provide sufficient information to the contrary, the Commission concluded that they aligned their prices to those set by PTPN in order to comply with the stated policy objectives of keeping CPO artificially low.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(138)</p></td><td><p>In any event, were PTPN to be considered as a private body, the same evidence would indicate that at the very least PTPN has been entrusted or directed by the GOI to fix CPO prices at an artificially low level in the sense of Article 3(1)(a)(iv) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(139)</p></td><td><p>Additionally, the investigation indicated that the daily domestic market price of CPO closely reflected the award price of the daily auctions of PTPN.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(140)</p></td><td><p>The Commission observed that the tender data are publicly available to all companies registered within the PTPN informatics system, regardless of whether they have participated in individual tenders and whether they have been successful in their bids.&#160;The Commission could verify that PTPN publishes the result of the daily tender on its online platform always at 15:30h on the day of the tender, indicating the exact award unit price for CPO.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(141)</p></td><td><p>All exporting producers confirmed that they have daily negotiations for the purchase of CPO with non-state-owned supplier, and that those negotiations are generally carried out once the results of the PTPN tenders are available, and the starting price of the negotiation is the PTPN daily prices.&#160;Exporting producers also explained that price differences between the PTPN prices and the price negotiated with the independent CPO supplier are mainly due to different logistic costs.&#160;In this respect, the exporting producers explained that PTPN tenders are issued for deliveries mainly in Dumai (on the island of Sumatra) and Belawan, which is ideally located for logistics.&#160;Other independent suppliers may be located in more remote areas, such as, for example the island of Borneo, and therefore logistics costs increase. Hence, the exporting producers explained that the PTPN price takes into account an adjustment for transport costs.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(142)</p></td><td><p>The Commission could verify that the unit price paid by the exporting producers to non state-owned CPO producers was during the IP always the same or lower than the PTPN price for that day.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(143)</p></td><td><p>Hence, and on the basis of all the available evidences, the Commission concluded that, de facto, all independent CPO suppliers in Indonesia, irrespective of their size, align their prices to the daily PTPN prices and that any deviation therefrom mainly derives from logistic costs.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(144)</p></td><td><p>WTO case law explained the concept of direction of a private body as the exercise of authority by a government over a private body. The Appellate Body in US &#8211; Countervailing Duty on DRAMS, explained that direction entails indeed an exercise of authority by the government, but also clarified that an interpretation of &#8216;direction&#8217; limited to &#8216;command&#8217; would be too narrow as &#8216;(&#8230;) governments are likely to have other means at their disposal to exercise authority over a private body. Some of these means may be more subtle than a &#8216;command&#8217; or may not involve the same degree of compulsion&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(145)</p></td><td><p>The Commission took the view that by organising a transparent price setting mechanism, the GOI is exercising one of those more subtle means of direction of the Indonesian CPO suppliers referred to by the Appellate Body. Based on the available evidence, the Commission considered that by making public the daily unit price of CPO, the GOI effectively sets a maximum price at which the commodity will be sold on that specific day. The existing transparency in the market allows buyers to align their behaviour in practice by not purchasing CPO from suppliers that request a price higher than the one set by the GOI.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(146)</p></td><td><p>Also, the investigation indicated that in terms of negotiating power the market is significantly imbalanced in favour of CPO buyers.&#160;The market for CPO is in fact rather fragmented, with 40&#160;% of the supply coming from individual farmers, between 6&#160;% to 9&#160;% from PTPN and the remaining part coming from &#8216;larger&#8217; suppliers (compared to the individual farmers) but still having modest market shares.&#160;Contrary to that, and particularly with respect to the biodiesel industry, purchasers are larger undertakings with a need for significant volumes of raw materials that they generally cannot entirely fulfil with their in-house supply. In this context, any purchaser will have a significant degree of buying power, such that it can resist any attempt from its supplier to ask for a price higher than that set by the GOI. Hence, the Commission concluded that by communicating transparently the daily CPO prices, the GOI is, through PTPN, effectively setting the maximum daily CPO prices in Indonesia. Such a reference price amounts to the guidance for CPO suppliers to sell CPO in Indonesia in line with the pursued public objectives.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(147)</p></td><td><p>Additionally, the Commission considered that by imposing an export tax and an export levy on CPO, the GOI puts Indonesian CPO producers into an economically irrational situation, which induces them to selling their goods domestically for a lower price than they could obtain in the absence of those export restraints.&#160;They are therefore deprived of a rational choice and induced to comply with the policy objective behind the export tax and levy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(148)</p></td><td><p>Although the export tax was not due during the investigation period, the export levy was.&#160;This resulted in CPO suppliers being restricted in their behaviour as by imposing that levy, the GOI effectively restricts the freedom of action of CPO suppliers by de facto limiting their business decision at what price to sell their product and where. Absent the export levy, CPO producers acting rationally would have tried to maximise their profit, by selling even more volumes of CPO on the export market rather than sell it domestically.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(149)</p></td><td><p>By imposing those restraints, the GOI therefore prevents CPO suppliers from maximising their income that they would be able to get in the absence of the export levy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(150)</p></td><td><p>In line with the conclusion of the Appellate Body in US &#8211; Countervailing Duty on DRAMS, the Commission took the view that the GOI directs CPO suppliers within the meaning of article 1.1(a)(iv) of the SCM Agreement. In that case, in fact the Appellate Body concluded that &#8216;it may be difficult to identify precisely, in the abstract, the types of government actions that constitute entrustment or direction and those that do not. The particular label used to describe the governmental action is not necessarily dispositive. Indeed, as Korea acknowledges, in some circumstances, &#8220;guidance&#8221; by a government can constitute direction. In most cases, one would expect entrustment or direction of a private body to involve some form of threat or inducement, which could, in turn, serve as evidence of entrustment or direction. The determination of entrustment or direction will hinge on the particular facts of the case&#8217;. In this case the Commission, also supported by the available evidence, concluded that the GOI created a system that induces suppliers to sell CPO at a specific price, thereby directing them to do so.&#160;As explained in recitals (168) to (169) below, the Commission established that the price published by PTPN constitutes the maximum price on the domestic market of Indonesia and is de facto followed by all CPO and biodiesel producers on the market. Finally, with reference to the requirement of some sort of government's participation, it must be recalled that PTPN is a public body and therefore its activity can be considered as the GOI's activity on the market and PTPN's activity clearly qualifies as that &#8216;demonstrable link&#8217; between the policy and the conduct of private bodies involved, which are acting as a proxy for the GOI to carry out its policy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(151)</p></td><td><p>Therefore, through those measures the GOI induces the CPO suppliers to keep CPO in Indonesia as they cannot sell at better prices which would prevail in Indonesia absent those measures.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(152)</p></td><td><p>In this sense, the input producers are &#8216;entrusted&#8217; or &#8216;directed&#8217; by the GOI to provide goods to the domestic users of CPO, and notably biodiesel producers, for less than adequate remuneration. The CPO producers are given the responsibility to create an artificially low-priced domestic market in Indonesia.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(153)</p></td><td><p>In other words, when applying the set of measures described, the GOI knows how the CPO suppliers will respond to the measures and what consequences will result from them. The Commission also found evidences that the GOI is proactively intervening in the CPO market in order to encourage private CPO suppliers to comply with the mandate imposed on them. One press article for example explained that &#8216;The Indonesia Government continues its support for the sustainable management of oil palm plantations through the disbursement of IDR 6,35 billion in replanting funds to 135 Asian Agri partnered smallholders&#8217;. In that article, the president director of the OPPF stated that &#8216;Oil palm is a top sector that contributes significantly to the Indonesian economy. After 25 years, we need to rejuvenate the palm oil industry to ensure high productivity according to industry needs, sustainable development, and improved welfare for smallholders and communities&#8217;&#160;<a>(<span>33</span>)</a>. This statement clearly show how the GOI is supporting the CPO producers essentially for the benefit of the biodiesel producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(154)</p></td><td><p>Additionally, another press article indicates that &#8216;Indonesia currently runs a subsidized palm replanting program for small farmers to help boost yields without expanding plantation size. The government aims to replant 2,4&#160;million hectares of palm cultivation area by 2025&#8217;&#160;<a>(<span>34</span>)</a> further indicating how the GOI is subsidising the CPO producers to induce them to abide to the policy objectives.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(155)</p></td><td><p>While the CPO supplier may lower their domestic production slightly to respond to the export taxes and other restrictive measures, the production did not stop, nor did it significantly decrease. Contrary to that, and save for 2015, Indonesian CPO production consistently increased by over 5&#160;% per year, and in 2018 reached 41&#160;500 Mt. In this regards, press article indicate how &#8216;In addition to rebalancing public finances, the B20 programme also aims to boost domestic consumption of palm oil, on the back of a decline in prices this year&#8217;&#160;<a>(<span>35</span>)</a> providing evidence that the GOI, in order to guarantee that CPO suppliers comply with the mandate they have been imposed, supports them by artificially increasing their sales.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(156)</p></td><td><p>The Commission concluded that this is the result of the GOI entrusting and directing the CPO producers to provide CPO for less than adequate remuneration.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(157)</p></td><td><p>In this respect the Commission took the view that the sole fact that export taxes and/or levies as such are not explicitly mentioned in Article 3(1)(a) of the basic Regulation does not exclude them from having the potential nature of a financial contribution and would therefore fall within the definition of a subsidy under the basic Regulation and the SCM Agreement. The Commission provided ample evidence that the export tax and levy on CPO was used as a tool to induce CPO producers to comply with the state policy objectives in a manner amounting to a countervailable subsidy as specified under Article 3(1)(a) of the basic Regulation.</p></td></tr></tbody></table> 3.3.3.3. Entrustment or direction of private bodies within the meaning of Article 3(1)(a)(iv) of the basic Regulation <table><col/><col/><tbody><tr><td><p>(158)</p></td><td><p>The Commission then assessed whether the CPO producers in Indonesia are private bodies entrusted or directed by the GOI within the meaning of Article 3(1)(a)(iv) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(159)</p></td><td><p>The investigation showed that, a part PTPN, all CPO producers in Indonesia are either independent farmers or private corporations not connected to the GOI. Independent CPO producers represent more than 90&#160;% of the market and all exporting producers sourced a proportion of their CPO needs from them.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(160)</p></td><td><p>Therefore, the Commission considered that, on the basis of the information available, all CPO producers are private bodies which were entrusted by the GOI within the meaning of Article 3(1)(a)(iv) of the basic Regulation to provide CPO for less than adequate remuneration.</p></td></tr></tbody></table> 3.3.3.4. Provision of CPO for less than adequate remuneration <table><col/><col/><tbody><tr><td><p>(161)</p></td><td><p>In the next step, the Commission verified whether the CPO producers actually carried out the Indonesian governmental policy to provide CPO for less than adequate remuneration. That necessitated a detailed analysis of the market developments in Indonesia against an appropriate benchmark.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(162)</p></td><td><p>Through the set of measures, the GOI induced the CPO producers to sell locally at lower prices than otherwise, i.e. absent those measures, the producers would have exported the CPO at the higher world market price or simply they would have adjusted their supply and prices to the market constraints.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(163)</p></td><td><p>The Commission also considered that notwithstanding the fact that the GOI claims that the price set by PTPN for its CPO is fair because the price idea is based on the Malaysian CPO index, domestic prices in Indonesia are lower than market prices.&#160;To reach this conclusion, the Commission compared the Indonesian domestic CPO prices with the Malaysian prices.&#160;The outcome of this exercise indicated that the Indonesian domestic CPO prices are consistently lower than the Malaysian CPO prices and the average price of CPO during the investigation period was USD 540 per tonne in Indonesia against USD 599 per tonne in Malaysia.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(164)</p></td><td><p>In that respect, the GOI in its reply to the questionnaire provided historical data concerning the development of domestic CPO prices compared to international prices.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(165)</p></td><td><p>The Commission has not verified the CIF adjustment methodology used by the GOI to produce the above table. However, the data provided clearly indicates that Indonesian domestic prices have constantly been lower than international market prices, even if in the event the applied methodology would be favourable to the GOI.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(166)</p></td><td><p>A similar finding can also be obtained by comparing the development of the domestic CPO prices during the investigation period with the development of the price of the CPO exported from Indonesia.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(167)</p></td><td><p>The Indonesian domestic CPO prices, based on the information provided by the GOI, during the investigation period were by approximately 10&#160;% consistently lower than the Indonesian CPO export prices, based on the Indonesia Export Statistics.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(168)</p></td><td><p>With respect to CPO prices charged by non-state owned suppliers, the investigation has also indicated that all CPO purchases in Indonesia are carried out at the daily PTPN prices, adjusted to transport costs.&#160;Hence, especially for spot purchases, the PTPN price represented de facto the maximum price of CPO for that day. The information provided by the exporting producers in their replies to the questionnaire confirmed this finding. The Commission verified a number of transactions, and for all of them it observed that the price per unit paid to the relevant independent supplier was lower or the same of the daily PTPN price. In no instance of the verified transactions, the Commission could observe a price higher than the PTPN price for that day.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(169)</p></td><td><p>Hence, the Commission took the view that the actions of the GOI directs the CPO suppliers to provide CPO at less than adequate remuneration to, inter alia, biodiesel producers by de facto setting a maximum price on the Indonesian domestic CPO market.</p></td></tr></tbody></table> 3.3.3.5. The function which would normally be vested in the government and the practice, which, in no real sense, differs from practices normally followed by governments <table><col/><col/><tbody><tr><td><p>(170)</p></td><td><p>With respect to the &#8216;normally vested&#8217; criterion, which had not been further clarified by the Panel yet, the Commission considered that the provision of raw materials located within a country to national companies is a function which is normally vested in the government. Under general international law, States have sovereignty over their natural resources.&#160;While they enjoy large discretion how to organise the exploitation of their natural resources, their sovereignty normally translates into a regulatory governmental power to do so.&#160;In this respect, it is irrelevant whether or not a government would habitually engage in this function. The Commission therefore found that the provision of CPO located on Indonesian soil to the Indonesian biodiesel industry is a function which is normally vested in the government.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(171)</p></td><td><p>As regards the &#8216;in no real sense differs&#8217; criterion, the Commission observed that the language originated in the 1960 report of the Panel on Review Pursuant to Article XVI:5, in which similar language was used in respect of producer-funded levies that were deemed not to differ, in any real sense, from government practices of taxation and subsidisation. Against that background, this criterion requires an affirmative finding that the provision of goods by the entrusted private bodies does not, in any real sense, differ from the hypothesis that the government had provided such goods itself. The Commission considered this to be the case. Rather than providing the inputs directly to the biodiesel industry in order to achieve the GOI's public policy objectives of boosting the development of the biodiesel industry, including its export potential, the GOI through a set of measures induces private entities to do so on its behalf. Moreover, to the extent that such provision of goods by the government involves some revenue expenditure (such as the provision of subsidies to the inputs or the sacrifice of income by providing goods for less than adequate remuneration), such an action should be understood as the typical functions normally vested in the government&#160;<a>(<span>36</span>)</a>.</p></td></tr></tbody></table> 3.3.3.6. Conclusion <table><col/><col/><tbody><tr><td><p>(172)</p></td><td><p>In light of the above, the Commission concluded that the set of measures adopted by the GOI lead to a financial contribution in the form of government's provision of CPO for less than adequate remuneration to the Indonesian biodiesel exporting producers under Article 3(1)(a)(iv) of the basic Regulation.</p></td></tr></tbody></table> 3.3.3.7. Price or income support <table><col/><col/><tbody><tr><td><p>(173)</p></td><td><p>In addition to the above, and for the reasons set out below, the Commission considered that the set of measures taken by the GOI intervening in the CPO market could also qualify as an income and price support granted by the GOI in favour of the Indonesian biodiesel producers in the sense of Article 3(1)(b) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(174)</p></td><td><p>Indeed, the categories of &#8216;financial contribution&#8217;/&#8216;income or price support&#8217; are not mutually exclusive. In fact, the Appellate Body has confirmed that the &#8216;range of government measures capable of providing subsidies [under &#8220;financial contribution&#8221;] is broadened still further by the concept of &#8220;income or price support&#8221; in paragraph (2) of Article 1.1(a)&#8217;&#160;<a>(<span>37</span>)</a>. This interpretation is also consistent with the object and purpose of the SCM Agreement, which is &#8216;to increase and improve GATT disciplines relating to the use of both subsidies and countervailing measures&#8217;&#160;<a>(<span>38</span>)</a>. Therefore, a finding that a measure amounts to a financial contribution does not prevent that the same measure could also be qualified as income or price support. Similarly, a finding that a measure does not meet the necessary requirements to be qualified as entrustment or direction in the sense of Article 3(1)(a)(iv) of the basic Regulation may well fall under the broader category of income or price support under Article 3(1)(b) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(175)</p></td><td><p>The origin of the terms &#8216;income or price support&#8217; are found in Article XVI of the GATT, the provision to which Article 3(1)(b) of the basic Regulation cross-refers to.&#160;Article XVI of the GATT refers to &#8216;any subsidy, including any form of income or price support, which operates directly or indirectly to increase exports of any product from, or to reduce imports of any product into, its territory&#8217;. In this sense, income or price support is another form of subsidisation&#160;<a>(<span>39</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(176)</p></td><td><p>The terms &#8216;any form&#8217; indicate the broad scope of this category, in the sense that it includes all forms chosen by the government that result in providing income or price support. In this sense, the dictionary meaning of &#8216;form&#8217; refers to &#8216;one of the different modes in which a thing exists or manifests itself; a species, kind, or variety&#8217; also a &#8216;manner, method, way&#8217;&#160;<a>(<span>40</span>)</a>. Thus, &#8216;any form&#8217; includes any way or manner in which the government provides income or price support to someone&#160;<a>(<span>41</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(177)</p></td><td><p>&#8216;Support&#8217; denotes &#8216;the action of contributing to the success or maintaining the value of something&#8217;&#160;<a>(<span>42</span>)</a>. The term &#8216;support&#8217; is often used in the context of agriculture, as referring to government support programmes&#160;<a>(<span>43</span>)</a>. Thus, the meaning of &#8216;support&#8217; in Article 3(1)(b) of the basic Regulation refers to the action of the government that contributes to the success or maintaining the value of prices or of the income received by someone.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(178)</p></td><td><p>The Commission acknowledges that any action by government may have incidental side-effects of random magnitude on the income of someone or may result in prices being supported somehow&#160;<a>(<span>44</span>)</a>. For such a support to fall under Article 3(1)(b) of the basic Regulation, there must be a demonstrable link between the government actions and the resulting effects of income or price support to someone. Such a link should be established on the basis of the totality of the evidence available, including the nature, design and expected operation of the measures taken by the government.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(179)</p></td><td><p>Finally, the reference &#8216;in the sense of Article XVI of the GATT 1994&#8217; implies all forms of income or price support that directly or indirectly increase exports of &#8216;any product&#8217; from a WTO Member's territory or reduce imports of this product within its territory. This effect, potential or actual, is explicitly contemplated in Article XVI:1 of the GATT 1994: &#8216;&#8230;including any form of income or price support, which operates directly or indirectly to increase exports of any product from, or to reduce imports of any product into, its territory&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(180)</p></td><td><p>In sum, Article 3(1)(b) of the basic Regulation, similarly to Article 1.1(b) of the SCM Agreement, covers government measures of any form that result in the provision of income or price support to someone and that has as an effect, potential or actual&#160;<a>(<span>45</span>)</a>, increasing exports of any product from a WTO Member's territory or reducing imports of this product within its territory.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(181)</p></td><td><p>In line with this interpretation, in addition to examining whether the set of measures adopted by the GOI could be characterised as &#8216;financial contribution&#8217;, the Commission also analysed whether the GOI's set of measures could also be characterised as income or price support falling under Article 3(1)(b) of the basic Regulation. In so doing, the Commission first examined whether the GOI intends to support the creation and development of the biodiesel industry; second, what kind of measures the GOI adopted to support the biodiesel industry; and third, whether those measures qualified as &#8216;any form of income/price support&#8217; in the sense of Article XVI of GATT 1994. In sum, the Commission will examine whether the GOI intended as a declared policy objective to support the development of the biodiesel industry, the instruments used by the government for such purpose and whether those instruments or actions by the GOI could be characterised as income or price support in the sense of Article XVI of the GATT 1994.</p></td></tr></tbody></table> (a) The GOI's intention to support the domestic biodiesel industry as a public policy objective <table><col/><col/><tbody><tr><td><p>(182)</p></td><td><p>The GOI, by means of Presidential Regulation 66/2018, has an explicit policy to support the development of the domestic biodiesel industry. Some public statements of the GOI already reported above in para (119) indicate that the GOI's intends to control CPO prices for the benefit of the biodiesel producers: &#8216;The policy objectives regarding export taxes on commodities include price stabilization, fostering the development of downstream processing facilities (&#8230;)&#8217; or &#8216;the aims of export duties, (which) is to ensure the availability of raw materials and to spur the growth of the domestic downstream palm oil industry&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(183)</p></td><td><p>The Commission also found evidence that the GOI has had over the years a clear policy of fostering and supporting the expansion of the biodiesel industry. In a press article, the Director General for renewable energy stated that Indonesia aims to make the use of biodiesel blended fuels compulsory for all vehicles and heavy machinery from 1&#160;September 2018. In that press article it is further stated that &#8216;Indonesian fuel stations will not be allowed to sell unblended diesel fuel once the new rules apply, adding that companies found selling unblended fuel will be fined&#8217;&#160;<a>(<span>46</span>)</a>. In that regard, another press article explains that &#8216;Indonesia plans to require all diesel fuel used in the country contain biodiesel starting next month [September 2018] to boost palm oil consumption, slash fuel imports, and narrow a yawning current account gap&#8217;. (emphasis added)&#160;<a>(<span>47</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(184)</p></td><td><p>In another press article, it was further explained that &#8216;In Indonesia, the Jakarta Post reports that the government is pulling out all the stops in trying to boost demand for palm oil biodiesel, now exploring the conversion of state-owned power provider PLN's diesel-based facilities to biodiesel. It is also looking at the possibility of allowing privately-owned power providers who are using biodiesel rather than fossil diesel to produce electricity to see that power directly to PLN. The government has already boosted the amount of biodiesel blended by railroads and heavy machinery in addition to road transportation&#8217;&#160;<a>(<span>48</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(185)</p></td><td><p>The above aim to support the biodiesel industry was further confirmed by public statements made by the deputy minister for food and agriculture. In a press article he declared that &#8216;Indonesia's biodiesel production could grow by 40&#160;% to hit 7M tonnes in 2019, up from an estimated 5M tonnes this year [2018], as a result of<span>a new programme to boost local biodiesel consumption</span>&#8217;. (emphasis added)&#160;<a>(<span>49</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(186)</p></td><td><p>The GOI has explicitly announced its support to the biodiesel industry through the set-up of the OPPF whose policy remit is de facto to solely support the biodiesel industry. This support has continued until after the investigation period, as during that period and until August 2018 the OPPF paid out money to biodiesel producers.&#160;This objective of the OPPF was also clearly spelled out in public statements.&#160;In a press article, the OPPF stated that it is &#8216;confident that it can shoulder additional subsidies paid out to producers under the government's new biodiesel policy for the rest of the year&#8217; and the president director of the fund further stated that &#8216;the fund has collected Rp&#160;6,4&#160;trillion from the palm oil export levy in the first half of 2018, which is nearly 60 percent of this year's Rp&#160;10,9&#160;trillion target, most of which is used as incentives to support renewable energy production&#8217;. In that same article it was also explained that &#8216;But the policy [the blending mandate] will also swell the subsidies paid to 19&#160;biofuel producers, including Wilmar and the Sinar Mas Group.&#160;The fund, also known as BPDPKS, estimates that the policy would double biofuel demand in the second half of this year to 2,1 million kilolitres&#8217;&#160;<a>(<span>50</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(187)</p></td><td><p>Therefore, the Commission concluded that the GOI's intention to support the creation and development of the Indonesian biodiesel industry is manifest.</p></td></tr></tbody></table> (b) Government actions for the development of the biodiesel industry <table><col/><col/><tbody><tr><td><p>(188)</p></td><td><p>Through several instruments, the GOI intervenes in the CPO market in order to boost the development of the biodiesel industry. First, the GOI has a system of export restraints in place (through export taxes and export levies) which is used as a tool to depress CPO prices in Indonesia to the benefit of the downstream industries, including biodiesel producers.&#160;Second, the GOI, through the State-owned company PTNP, de facto sets the CPO prices at artificially low levels prices, which other CPO suppliers follow in accordance with the stated policy to support the development of the biodiesel industry. The GOI also uses other measures, such as direct subsidies to CPO producers, to ensure that CPO producers comply with the policy objectives.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(189)</p></td><td><p>All these actions have to be understood in the broader context of encouraging the development of the biodiesel industry, such as through mandatory blending requirements as well as the set-up of the OPPF for the benefit of biodiesel producers.&#160;Indeed, the GOI has established a system, which artificially creates a high demand for biodiesel through the blending mandate. The GOI has implemented the so-called B20 blending mandate&#160;<a>(<span>51</span>)</a>. Under this programme, for a number of applications, such as for example public transport, operators are under the legal obligation to use as fuel a blend of mineral diesel and biodiesel which contains at least 20&#160;% of biodiesel. This blending mandate is bound to increase to 30&#160;% in the near future. In this regard, the Commission considered that absent the combined blending obligation and OPPF, there would be a lower demand for biodiesel in Indonesia and therefore the revenues deriving from the sale of biodiesel would necessarily be significantly lower.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(190)</p></td><td><p>Therefore, the Commission concluded on the basis of the information available that the GOI has put in place a set of measures in order to intervene in the market ensuring a particular result, i.e. that the biodiesel producers benefit from artificially low prices for CPO, which represents around 90&#160;% of their costs of production.</p></td></tr></tbody></table> (c) The set of measures adopted by the GOI qualifies as ‘any form of income/price support’ in the sense of Article XVI of the GATT 1994 <table><col/><col/><tbody><tr><td><p>(191)</p></td><td><p>By the set of measures described above, the GOI provides income support to the biodiesel industry. The regulatory conditions adopted by the GOI do not have as a side effect that CPO suppliers sell this input to biodiesel producers at lower prices than those available internationally. Such a result is intended and successfully achieved through the GOI's actions.&#160;The set of measures put in place by the GOI allows biodiesel producers to have access to their main raw material and cost element at a price below the world market price, which then is translated into artificially higher profits resulting mainly from exports to third markets.&#160;In this sense, the GOI's actions contribute to the income received by biodiesel producers.&#160;Without such actions, the biodiesel producers would not benefit from the distorting effects on CPO derived from the State intervention.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(192)</p></td><td><p>All those measures show that the Indonesian biodiesel industry is supported and artificially stimulated by the GOI. This finding is corroborated by the increasing number of biodiesel producers in Indonesia as well as by the sharp increase of the production capacity and exports in the past 10 years, as shown in the table below:</p><p><span>Table 2</span></p><p><span>Development of Indonesian Biodiesel Industry (million litres)</span></p><table><col/><col/><col/><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Year</p></td><td><p>2009</p></td><td><p>2010</p></td><td><p>2011</p></td><td><p>2012</p></td><td><p>2013</p></td><td><p>2014</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>2018</p></td></tr><tr><td><p>Production capacity (nameplate)</p></td><td><p>3&#160;128</p></td><td><p>3&#160;921</p></td><td><p>3&#160;921</p></td><td><p>4&#160;881</p></td><td><p>5&#160;670</p></td><td><p>5&#160;670</p></td><td><p>6&#160;887</p></td><td><p>10&#160;898</p></td><td><p>11&#160;547</p></td><td><p>11&#160;357</p></td></tr><tr><td><p>Capacity use (%)</p></td><td><p>10,5 %</p></td><td><p>19,9 %</p></td><td><p>46,2 %</p></td><td><p>46,5 %</p></td><td><p>52,0 %</p></td><td><p>69,9 %</p></td><td><p>24,0 %</p></td><td><p>33,5 %</p></td><td><p>29,6 %</p></td><td><p>34,3 %</p></td></tr><tr><td><p>Production</p></td><td><p>330</p></td><td><p>780</p></td><td><p>1&#160;812</p></td><td><p>2&#160;270</p></td><td><p>2&#160;950</p></td><td><p>3&#160;962</p></td><td><p>1&#160;653</p></td><td><p>3&#160;656</p></td><td><p>3&#160;416</p></td><td><p>3&#160;900</p></td></tr><tr><td><p>Exports of biodiesel from Indonesia</p></td><td><p>204</p></td><td><p>563</p></td><td><p>1&#160;440</p></td><td><p>1&#160;608</p></td><td><p>1&#160;942</p></td><td><p>1&#160;569</p></td><td><p>343</p></td><td><p>476</p></td><td><p>187</p></td><td><p>1&#160;772</p></td></tr><tr><td><p>Exports as % of production</p></td><td><p>62 %</p></td><td><p>72 %</p></td><td><p>79 %</p></td><td><p>71 %</p></td><td><p>66 %</p></td><td><p>40 %</p></td><td><p>21 %</p></td><td><p>13 %</p></td><td><p>5 %</p></td><td><p>45 %</p></td></tr><tr><td><p>Consumption</p></td><td><p>119</p></td><td><p>223</p></td><td><p>359</p></td><td><p>669</p></td><td><p>1&#160;048</p></td><td><p>1&#160;845</p></td><td><p>860</p></td><td><p>3&#160;008</p></td><td><p>2&#160;572</p></td><td><p>3&#160;300</p></td></tr><tr><td><p>Ending Stocks</p></td><td><p>22</p></td><td><p>16</p></td><td><p>29</p></td><td><p>27</p></td><td><p>11</p></td><td><p>559</p></td><td><p>1&#160;009</p></td><td><p>1&#160;181</p></td><td><p>1&#160;839</p></td><td><p>1&#160;439</p></td></tr><tr><td><p>Number of producers</p></td><td><p>20</p></td><td><p>22</p></td><td><p>22</p></td><td><p>22</p></td><td><p>26</p></td><td><p>26</p></td><td><p>27</p></td><td><p>30</p></td><td><p>32</p></td><td><p>31</p></td></tr><tr><td><p><span>Source:</span> Questionnaire reply of the GOI, Indonesia Biofuels Annual 2018 GAIN Report and export statistics from Global Trade Atlas (2018 data, apart from export statistics, based on estimates)</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(193)</p></td><td><p>As can be seen from this table, the biodiesel industry has been a predominantly export-oriented sector. When the exports decreased in the past mainly because of the existence of trade defence measures in the Union, inventories increased significantly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(194)</p></td><td><p>Therefore, the Commission concluded that the GOI provides income or price support to the biodiesel industry in accordance to Article 3.1(b) of the basic Regulation.</p></td></tr></tbody></table> 3.3.3.8. Benefit <table><col/><col/><tbody><tr><td><p>(195)</p></td><td><p>Because most of the GOI's measures aimed at artificially lowering the domestic price of CPO, the Commission examined whether the GOI's support to the biodiesel industry conferred a benefit by reference to the difference between the prices paid by domestic biodiesel producers when purchasing CPO locally and a benchmark based on the prevailing market conditions for CPO.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(196)</p></td><td><p>The Commission considered that such a difference resulted in a benefit to the Indonesian biodiesel producers which could source the main raw material in their production process at a price below the international market price. This comparative method also ensured that there was no double counting of other subsidies countervailed in the present investigation and which also provide income/price support to Indonesian biodiesel producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(197)</p></td><td><p>The purchase prices needed to be compared with an appropriate benchmark. Under Article 6(d) of the basic Regulation the adequacy of remuneration shall be determined in relation to prevailing market conditions for the product in question in the country of provision, i.e. Indonesia, including price, quality, availability, marketability, transportation and other conditions of purchase&#160;<a>(<span>52</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(198)</p></td><td><p>The Commission considered that the FOB CPO export prices from Indonesia to the rest of the world as found in the Indonesia Export Statistics are an appropriate benchmark as they are set according to free market principles, reflect prevailing market conditions in Indonesia, and are not distorted by government intervention. The Commission reached this view as the imports of CPO in Indonesia were marginal and thus not representative, and hence could not identify any undistorted domestic price for CPO. Additionally, the Commission considered that the benchmark used is the closest proxy to what an undistorted Indonesian domestic price would be absent the GOI's intervention. Finally, the Commission analysed also other possible benchmarks, such as the CIF CPO price at Rotterdam port. Since this price comprised of a mix of CPO originating in many countries other than Indonesia, the Commission considered it a less appropriate benchmark as far as the prevailing market conditions in Indonesia are concerned. In any case, the Commission observed that the price difference between the various benchmarks is minimal.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(199)</p></td><td><p>The Commission calculated the average per month of the IP of the FOB world export prices from Indonesia and considered that the prices so calculated are the closest proxy for undistorted Indonesian domestic prices for CPO.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(200)</p></td><td><p>The Commission then compared the domestic price of CPO paid by the Indonesian producers with the benchmark calculated as explained in recital (199).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(201)</p></td><td><p>The total amount of the difference represents the &#8216;savings&#8217; obtained by the Indonesian producers of biodiesel that purchase CPO in the Indonesian distorted domestic market compared to the price which they would have paid in the absence of distortions.&#160;Ultimately, this total amount represents the benefit conferred on the Indonesian producers by the GOI during the investigation period.</p></td></tr></tbody></table> 3.3.3.9. Specificity <table><col/><col/><tbody><tr><td><p>(202)</p></td><td><p>The GOI's set of measures were directed to benefit certain industries, including the domestic biodiesel industry. Indeed, even though the distortions on CPO also benefit downstream products other than biodiesel, the benefit is available only to certain industries in Indonesia, namely those active in the palm oil value chain. This finding is supported by policy statements of the GOI itself as well as in the subsequent legislative acts implementing and amending the discipline of the export tax and levy. For example, Regulation 128/PMK.011/2011 specifically stated the following: &#8216;in the context of supporting the downstream efforts of the palm oil industry to increase added value downstream it is necessary to restructure Export Duty tariff&#8217;. They are, therefore, specific under Article 4(2)(a) of the basic Regulation.</p></td></tr></tbody></table> 3.3.4. Conclusion <table><col/><col/><tbody><tr><td><p>(203)</p></td><td><p>Through a set of measures, including the export taxes and levy, and by de facto acting as a price setter on the market, the GOI induced the domestic CPO producers to sell CPO locally and &#8216;entrusted&#8217; or &#8216;directed&#8217; them to provide this raw material in Indonesia for less than adequate remuneration. The measures at issue achieved the desired effect to distort the domestic market of CPO in Indonesia and to depress the price to an artificially low level to the advantage of the downstream biodiesel industry. The function to provide CPO for less than adequate remuneration is normally vested in the government in view of the public objective to support the biodiesel industry and the practice of the CPO suppliers to carry it out does not, in any real sense, differ from practices normally followed by governments when pursuing similar policy objectives through other forms of support (such as grants or revenue foregone).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(204)</p></td><td><p>The Commission thus concluded that the GOI provided a financial contribution within the meaning of Article&#160;3(1)(a)(iv) of the basic Regulation, as interpreted and applied in line with the relevant WTO standard under Article 1.1(a)(1)(iv)of the SCM Agreement. In the alternative, the Commission further concluded that the GOI provides income or price support to the biodiesel producers through its intervention in the CPO market, in accordance with Article 3(1)(b) of the basic Regulation, read in light of Article 1.1(a)(2) of the SCM Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(205)</p></td><td><p>The Commission further concluded that such a financial contribution confers a specific benefit to the recipients.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(206)</p></td><td><p>In light of all the above, the Commission found that through a set of measures the GOI provided support to the biodiesel industry including through the provision of palm oil (CPO) for less than adequate remuneration. The GOI conferred a benefit to the recipients which is specific, thus amounting to a countervailable subsidy.</p></td></tr></tbody></table> 3.3.5. Calculation of the subsidy amount <table><col/><col/><tbody><tr><td><p>(207)</p></td><td><p>In accordance with Article 5 of the basic Regulation, the Commission calculated the amount of countervailable subsidy for each exporting producer in terms of the benefit conferred on the recipient found to exist during the IP. The Commission assessed the benefit as being the sum of the differences between the prices paid for domestically purchased CPO and the benchmark price of CPO calculated per month of the IP. In accordance with Article 7(2) of the basic Regulation, the Commission allocated those subsidy amounts over the total turnover of the CPO-based production of the exporting producers during the investigation period as appropriate denominator, because the subsidy conferred a benefit to the entire production of CPO-based products and not only to the product concerned or the production destined to exports.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(208)</p></td><td><p>The subsidy rate established with regard to this set of measures during the investigation period for the exporting producers amounts to:</p><table><col/><col/><tbody><tr><td><p>Company</p></td><td><p>Subsidy rate</p></td></tr><tr><td><p>PT Ciliandra Perkasa</p></td><td><p>0,13 %</p></td></tr><tr><td><p>PT Intibenua Perkasatama and PT Musim Mas (Musim Mas Group)</p></td><td><p>4,40 %</p></td></tr><tr><td><p>PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo (Permata Group)</p></td><td><p>5,15 %</p></td></tr><tr><td><p>PT Wilmar Nabati Indonesia and PT Wilmar Bioenergi Indonesia (Wilmar Group)</p></td><td><p>3,43 %</p></td></tr></tbody></table></td></tr></tbody></table> 3.4. Government Support via revenue forgone: the Bonded Zone scheme 3.4.1. The subsidy scheme <table><col/><col/><tbody><tr><td><p>(209)</p></td><td><p>The Bonded Zones scheme was introduced by the GOI with Ministry of Finance Regulation 147/PMK.04/2011 and further amended by Minister of Finance Regulations 255/PMK.04/2011 and 120/PMK.04/2013.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(210)</p></td><td><p>Bonded Zones are defined as areas within the customs territory of the Republic of Indonesia where import duty and VAT on imported goods is suspended (for import duty) or exempted (for VAT). Both the suspension and the exemption apply for capital goods, raw materials and supporting material.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(211)</p></td><td><p>During the verification visit, the GOI explained that there are not pre-defined areas of the territory of the Republic of Indonesia identified as bonded zones, rather companies can apply and, if the application is accepted, their premises become a bonded zone.</p></td></tr></tbody></table> 3.4.1.1. Eligibility <table><col/><col/><tbody><tr><td><p>(212)</p></td><td><p>During the verification visit, the GOI also explained that the bonded zone scheme is only available to &#8216;export oriented companies&#8217;, meaning companies generating more than 50&#160;% of their turnover from exports.&#160;During the verification visit the GOI also explained that, pursuant to Regulation of the Ministry of Finance no 4/2014 the requirement above can be exempted so that also non-export oriented companies can benefit from the scheme. The evidence collected during the investigation however could not identify any objective criteria set out in the legislation for granting such an exemption. Rather, a courtesy translation of the legislation states that &#8216;<span>The recommendation referred to in Article 1 can be provided after considering:</span></p><table><col/><col/><tbody><tr><td><p><span>(a)</span></p></td><td><p><span>the product of the applying company whether a substitute market of direct import of similar good in order to supply domestic market demand;</span></p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p><span>(b)</span></p></td><td><p><span>any decrease of export; and/or</span></p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p><span>(c)</span></p></td><td><p><span>protection of domestic industries producing products similar to the products of Bonded Zone in consideration of the capability of local industry to supply domestic demand.</span>&#8217;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(213)</p></td><td><p>With respect to the above, during the verification visit the GOI explained that companies in the biodiesel industry are normally granted the exemption from the requirement of generating more than 50&#160;% of their turnover from export. According to the explanation provided during the verification visit, this is to support the biodiesel companies in view of attaining the blending mandates imposed by the GOI.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(214)</p></td><td><p>The Commission therefore concluded that the granting of the above-mentioned exemption is entirely at the discretion of the GOI.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(215)</p></td><td><p>Lastly, the GOI explained that this scheme is available only for companies that import goods into the Republic of Indonesia for further processing. Hence, mere importers cannot apply to obtain a bonded zone status.</p></td></tr></tbody></table> 3.4.1.2. Advantages conferred by being in Bonded Zones <table><col/><col/><tbody><tr><td><p>(216)</p></td><td><p>Within the Bonded Zone the importation process is suspended until the companies sell the finished goods within the territory of the Republic of Indonesia. In other words, import duty is suspended on products imported into the bonded zones until they are sold on the Indonesian domestic market. If a product remains in the bonded zone (such as, machinery) or is directly exported the import duty is never due.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(217)</p></td><td><p>Similarly to import duty, also the payment of VAT due on imported goods is suspended until the finished goods are sold on the domestic market. If a product remains in the bonded zone (such as, machinery) or is directly exported the VAT is never due.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(218)</p></td><td><p>Under this scheme, the import duty and VAT exemption is granted on imports of capital goods, such as machinery used in the production process of biodiesel, raw materials and spare parts.</p></td></tr></tbody></table> 3.4.1.3. The application of the provisions of Article 28(1) of the basic Regulation <table><col/><col/><tbody><tr><td><p>(219)</p></td><td><p>Concerning the information requested by the Commission in the course of the procedure regarding the Bonded Zones scheme, Wilmar did not fully cooperate with the Commission. The Commission therefore informed Wilmar that it might have to resort to the use of facts available under Article 28(1) of the basic Regulation when examining the existence and the extent of the alleged support granted to the biodiesel industry through the exemption of import duty on machineries and goods imported into the Bonded zone.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(220)</p></td><td><p>In the deficiency letter sent on 15&#160;February 2019, the Commission asked Wilmar to provide certain information concerning imports of inputs and machinery since the date of setting up of each of the related entities (biodiesel producers and the CPO suppliers). In its reply to the Deficiency Letter, Wilmar provided a partial reply to that information request, claiming that it encountered technical difficulties in collecting the full set of data requested. A similar explanation was given during the verification visit. The Commission was therefore able to verify only a limited set of data.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(221)</p></td><td><p>Consequently, with regard to the alleged support granted to the biodiesel industry through the exemption of import duty on machineries and goods imported into a bonded zone, Wilmar did not provide the necessary information and evidence as requested by the Commission in its deficiency letter and during the verification visit.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(222)</p></td><td><p>The absence of necessary and relevant information and/or documents as described above significantly impedes the investigation. Indeed, it caused serious difficulties for the Commission to arrive at accurate and substantiated findings with respect to this subsidy scheme.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(223)</p></td><td><p>Wilmar commented that the information requested was in the first place not necessary within the meaning of Article 28 of the basic Regulation and that in any event the partial information it has submitted complied with Article 28(3) of the basic Regulation. Wilmar also claimed that it does not hold the information it did not provide.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(224)</p></td><td><p>In this respect, the Commission observed that the claim that Wilmar could not track that information cannot be accepted as it depends on a technical issue making the retrieval of that information allegedly too burdensome to retrieve. The Commission therefore was of the view that the Wilmar Group is in possession of that information, and could have retrieved it to provide a complete reply to the deficiency letter.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(225)</p></td><td><p>Secondly, the information requested is necessary, especially in light of the fact that a relevant amount of data concerning the amount of duty exempted on the import is missing entirely. This therefore prevents the Commission to determine the precise amount of subsidy received by the Wilmar Group under this scheme.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(226)</p></td><td><p>The Commission further observed that Wilmar's claim that it did not further request that information is not acceptable. During the verification visit the Commission asked whether the missing information was available and took note that it was not.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(227)</p></td><td><p>The Commission therefore partially relied on facts available for its findings regarding those aspects of the investigation in accordance with Article 28 of the basic Regulation.</p></td></tr></tbody></table> 3.4.2. Analysis 3.4.2.1. Financial contribution <table><col/><col/><tbody><tr><td><p>(228)</p></td><td><p>For the reason set out below, the Commission considered that the import duty exemption on machineries granted by the bonded zones scheme constitutes a financial contribution by the GOI to the exporting producers in the form of revenue forgone.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(229)</p></td><td><p>As indicated above in recitals (216) to (218), undertakings in bonded zones enjoy (i) the exemption of import duty on imported machinery and raw materials, and (ii) the exemption of VAT on imported machinery and raw materials.&#160;Both import duty and VAT remain exempted until the imported good is sold on the domestic market. This means that companies in bonded zones may never pay neither import duty nor VAT on goods that never leave the bonded zone, such as machinery, or that are directly exported.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(230)</p></td><td><p>The Commission also observed that all exporting producers benefitted from this scheme, exclusively when importing machinery and spare parts for their biodiesel plants.&#160;Since the main raw material for the production of biodiesel is in fact CPO, and CPO is all locally sourced, the potential amounts not collected on imported raw materials appear to be negligible.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(231)</p></td><td><p>In light of the above, the Commission therefore observed that the exporting producers essentially never paid the import duty and the VAT on the machinery they imported. The machinery in fact, is imported into the relevant bonded zone for the purpose of setting up the production facility and once installed it never leaves the zone.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(232)</p></td><td><p>Therefore, the Commission concluded that the exemption of import duties on imports of machinery and equipment amounts to revenue foregone or not collected in sense of Article 3(1)(ii) of the basic Regulation. With respect to the exemption of VAT, the Commission considered that the GOI also foregoes public revenue, since under normal circumstances, the exporting producers would pay the VAT first to the State and then they will compensate such VAT when selling domestically&#160;<a>(<span>53</span>)</a>.</p></td></tr></tbody></table> 3.4.2.2. Benefit <table><col/><col/><tbody><tr><td><p>(233)</p></td><td><p>The investigation showed that the machineries used in the Bonded Zones are generally imported and that once installed never leave the Bonded Zone. Hence the import duty on such machineries in effect never becomes payable. With respect to the VAT exemption on imported machineries and spare parts, the Commission found that exporting producers also benefited from retaining the advantage of cash availability&#160;<a>(<span>54</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(234)</p></td><td><p>In light of the above, the Commission therefore considered that this scheme confers a benefit to the exporting producers as they are placed in a better financial position than they would be absent the scheme. In fact, absent the scheme they would have paid the duty and VAT upon importation of the machineries and spare parts.</p></td></tr></tbody></table> 3.4.2.3. Specificity <table><col/><col/><tbody><tr><td><p>(235)</p></td><td><p>The scheme is specific because it is available only to certain companies depending on their export performance and location in specific geographic areas within the jurisdiction of the granting authority, in accordance with Articles 4(2)(a) and 4(3) of the basic Regulation.</p></td></tr></tbody></table> 3.4.3. Conclusion <table><col/><col/><tbody><tr><td><p>(236)</p></td><td><p>The Commission found that through a set of measures the GOI provided support to the biodiesel industry including through the revenue forgone relating to the Bonded Zone scheme and the exemption of import duty and VAT on imported machineries and spare parts.&#160;The GOI conferred a benefit to the recipients which is specific, thus amounting to a countervailable subsidy.</p></td></tr></tbody></table> 3.4.4. Calculation of the subsidy amount <table><col/><col/><tbody><tr><td><p>(237)</p></td><td><p>The Commission calculated the benefit to the exporting producers deriving from this scheme with regard to the exemption of import duty on imported machinery as the total amount of unpaid duty, allocated to the IP on the basis of the useful life of the underlying assets.&#160;With regard to the exemption of VAT on imported machinery and raw materials the benefit was negligible and therefore did not materially affect the final results.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(238)</p></td><td><p>The subsidy rate established with regard to this set of measures during the investigation period for the exporting producers amounts to:</p><table><col/><col/><tbody><tr><td><p>Company</p></td><td><p>Subsidy rate</p></td></tr><tr><td><p>PT Ciliandra Perkasa</p></td><td><p>0,03 %</p></td></tr><tr><td><p>PT Intibenua Perkasatama and PT Musim Mas (Musim Mas Group)</p></td><td><p>0,12 %</p></td></tr><tr><td><p>PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo (Permata Group)</p></td><td><p>0,16 %</p></td></tr><tr><td><p>PT Wilmar Nabati Indonesia and PT Wilmar Bioenergi Indonesia (Wilmar Group)</p></td><td><p>0,11 %</p></td></tr></tbody></table></td></tr></tbody></table> 3.5. Other schemes <table><col/><col/><tbody><tr><td><p>(239)</p></td><td><p>The Complaint identified a number of additional subsidies and subsidy programmes, and particularly, through revenue forgone or not collected such as income tax benefits for listed investments, industrial estate subsidies, pioneer industry tax benefits and the provision of export financing and guarantees on preferential terms by the Indonesian Eximbank.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(240)</p></td><td><p>As the Commission did not find evidence of any exporting producers making use of them, they will be all treated together in this section.</p></td></tr></tbody></table> 3.5.1. Income tax benefits for listed investments <table><col/><col/><tbody><tr><td><p>(241)</p></td><td><p>The Complaint claimed that these scheme grants income tax facilities for investments in certain business fields and or certain region to boost direct foreign and domestic investments in Indonesia. Particularly, the Complaint claims that this scheme grants:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>30&#160;% net tax deduction of the total investment, charged for 6 years for 5&#160;% annually;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>An accelerated depreciation and amortization;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>An income tax charge for dividend paid to foreign tax subject at 10&#160;%, or lower tariff according to effective Double Taxation Avoid Agreement; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>A loss compensation for more than 5 years but not more than 10 years.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(242)</p></td><td><p>The investigation broadly confirmed the claims laid down in the Complaint. The investigation in fact revealed that the program was established on January 1, 2007, pursuant to Government Regulation No.&#160;1/2007 and was renewed and modified on April 6, 2015 by Government Regulation No.&#160;18/2015, which was later amended by Government Regulation No.&#160;9/2016. Although Government Regulation No.&#160;18/2015 repeals Government Regulation No.1/2007, companies receiving benefits under Government Regulation No.&#160;1/2017 could continue receiving such benefits until their original expiration date.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(243)</p></td><td><p>Pursuant to this scheme, companies which carry out investments is specific regions of the territory of the Republic of Indonesia and in specific industrial sector can benefit from the following incentives:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>30&#160;% net tax deduction of the total investment, charged for 6 years for 5&#160;% annually;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>An accelerated depreciation and amortization;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>An income tax charge for dividend paid to foreign tax subject at 10&#160;%, or lower tariff according to effective Double Taxation Avoid Agreement; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>A loss compensation for more than 5 years but not more than 10 years.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(244)</p></td><td><p>During the verification visit, the GOI explained that the scheme is available for investments in regions other than Java or Sulawesi, and that the relevant location for eligibility is that where the investment is carried out and not where the seat of the company carrying out the investment is.&#160;The GOI also confirmed that the CPO value chain, including biodiesel producers, is eligible for this scheme.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(245)</p></td><td><p>The investigation showed that, for various reasons, none of the exporting producers made use of this scheme. Companies either were loss making and therefore they had no income tax to be deducted or not eligible due to not fulfilling the condition of specific region of the investments.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(246)</p></td><td><p>As no exporting producer made use of the scheme the Commission did not further analyse this scheme.</p></td></tr></tbody></table> 3.5.2. Industrial estate subsidy <table><col/><col/><tbody><tr><td><p>(247)</p></td><td><p>The Complainant claims that under the industrial estate scheme, the GoI subsidizes the Indonesian biodiesel producers through various incentives.&#160;Particularly, the Complaint claims that the GOI established the so called &#8216;industrial estate subsidy&#8217; pursuant to Regulation No.&#160;142/2015. Under this scheme, any &#8216;<span>Industrial Company</span>&#8217; located in an &#8216;<span>Industrial Estate</span>&#8217; is granted taxation incentives and may additionally be granted regional incentives.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(248)</p></td><td><p>According to the Complaint, this programme provides a financial contribution to the Indonesian biodiesel producers in the form of revenue foregone by the GOI and provides a benefit to the Indonesian biodiesel exporters equal to the tax saving. Also, the Complaint claims that this scheme is specific since only certain enterprises within an industrial estate can qualify for the programme under the conditions laid down in the Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(249)</p></td><td><p>The investigation indicated that this scheme has been set up by the GOI to support the industry activity established in specific geographical areas, defined by Article 1.4 of Government Regulation No.&#160;142 of 2015 as a central industry activity zone which is equipped with supporting infrastructure developed and managed by the Industrial Estate Company..</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(250)</p></td><td><p>The investigation also indicated that this scheme may provide benefit to the recipients as Ministry of Finance Regulation 105/2016 provides for certain facilities on corporate income tax, as well as VAT and import duty exemptions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(251)</p></td><td><p>The investigation however showed that none of the exporting producers have used this scheme and therefore the Commission did not further analyse this scheme.</p></td></tr></tbody></table> 3.5.3. Pioneer Industry Tax Benefit <table><col/><col/><tbody><tr><td><p>(252)</p></td><td><p>The Complaint claims that the pioneer industry tax benefits programme, the GoI provides a series of tax incentives to increase direct investment to the so-called &#8216;Pioneer Industries&#8217;. Particularly, the Complaint claims that this scheme was established in 2011 with Minister of Finance Regulation No.&#160;130/2011. It was then revised several times.&#160;This programme has been recently revised on 29&#160;March 2018 through Minister of Finance Regulation No.&#160;35/2018.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(253)</p></td><td><p>According to the Complaint, this scheme provides a financial contribution to the beneficiaries in the form of revenue forgone by the GOI as well as a benefit to the former in terms of tax savings.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(254)</p></td><td><p>The investigation indicated that the scheme in object essentially consists of a corporate tax reduction for undertaking engaged in certain business activities (the so called Pioneer Industries) listed in Minister of Finance Regulation No&#160;159/2015 as amended by Minister of Finance Regulation No.103/2016. The investigation also revealed that in addition to be active in a &#8216;pioneer industry&#8217; as defined by the Ministry of Finance, undertakings, in order to be eligible for this scheme, must invest at least IDR 1&#160;000&#160;000&#160;000&#160;000,00 (one trillion rupiah) for all sectors of pioneer industries excluding the information, communication and technology (ICT) sector that introduces high technology. The corporations in the ICT sector could invest minimum IDR 500&#160;000&#160;000&#160;000,00 (five hundred billion rupiah) to be eligible for the benefit. In addition to the above, some other eligibility criteria apply and namely depositing a minimum of 10 percent of the investment plan in Indonesian banks, maintaining a debt to equity ratio at least 4:1, and having the status of Indonesian legal entity since 15&#160;August 2011.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(255)</p></td><td><p>The investigation however showed that none of the exporting producers have used this scheme and therefore the Commission did not further analyse this scheme.</p></td></tr></tbody></table> 3.5.4. The provision of export financing and guarantees on preferential terms by the Indonesian Eximbank <table><col/><col/><tbody><tr><td><p>(256)</p></td><td><p>The Complaint claims that Lempabaga Pembiyaan Ekspor Indonesia (&#8216;Eximbank&#8217;), a 100&#160;% state-owned bank acts as a Ministry of Finance's special financial institution intending to support Indonesia's foreign trade. According to the complainant, in this capacity, Eximbank provides preferential export financing to Indonesian palm oil downstream industries, which includes biodiesel producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(257)</p></td><td><p>According to the Complaint, Eximbank's goal is to support the government policies in the framework of encouraging the national export programme by means of the provision of national export financing and that in its 2017 Annual report, Eximbank further indicated that it commits to actively support the Indonesian palm oil related industries, which form the main part of its client base.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(258)</p></td><td><p>The Complaint further claims that the wide range of financial services, such as export financing, export guarantees, export insurance and advisory services provided by Eximbank qualify as financial contribution on the part of the GOI. The Complaint additionally adds that pursuant to Law 2/2009 indicates that the Eximbank's function is to provide financing for any transactions or project that is not viable for commercial banking for the purpose of boosting exports.&#160;In this context, the Complaint claims that according to Eximbank's 2017 Annual report, Eximbank held financing and receivable assets with nominal interest rates as low as 0&#160;%, denominated both in Rupiah as well as in foreign currencies.&#160;The Complaint therefore claims that, despite not being able to precisely identify the interest rate applied by Eximbank to the biodiesel producers, it nonetheless claims that they would be below market price and therefore constitute a benefit in their favour.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(259)</p></td><td><p>The investigation indicated that Eximbank has been established by the GOI pursuant to Law 2/2009 and provides financing in the form of working capital and/or investment. More precisely, the investigation revealed that Eximbank is engaged in the following activities:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Guarantees provided to Indonesia exporters, overseas importers and tenders related to project performance;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Insurance facilities for exporters in the event existing export insurance agencies cannot provide services; and,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Advisory services by coaching and advisory services to banks, financial institutions, exporters manufacturers of export goods, especially small- and medium-sized enterprises and cooperatives.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(260)</p></td><td><p>The investigation revealed that none of the exporting producers but one had a contractual relationship with Eximbank. Notwithstanding the above, the Commission verified all the loans entered into between the exporting producers and any state owned bank. In this regard, the Commission could verify that the interest rate applied by the state owned banks on loans is comparable to international benchmarks, both for the loans denominated in Indonesian Rupiahs (&#8216;IDR&#8217;) and the loans denominated in US dollars.&#160;With regard to the loans denominated in IDRs, the Commission compared the interest rate payable by the exporting producers during the life of the loan with the yields of Indonesian bonds of similar duration as available on Bloomberg. The Commission observed that the two are comparable.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(261)</p></td><td><p>Consequently, given the fact that the Commission did not establish that a benefit had been conferred by this scheme, it did not analyse further the scheme.</p></td></tr></tbody></table> 3.6. Conclusion on subsidisation <table><col/><col/><tbody><tr><td><p>(262)</p></td><td><p>The Commission calculated the amount of countervailable subsidies for each exporting producer in accordance with the provisions of the basic Regulation by examining each subsidy or subsidy programme, and added these figures together to calculate a total amount of subsidisation for each exporting producer for the investigation period. To calculate the overall subsidisation below, the Commission first calculated the percentage subsidisation, being the subsidy amount as a percentage of the company's total turnover. This percentage was then used to calculate the subsidy allocated to exports of the product concerned to the Union during the investigation period. The subsidy amount per tonne of product concerned exported to the Union during the investigation period was then calculated, and the margins below calculated as a percentage of the Costs, Insurance and Freight (&#8216;CIF&#8217;) value of the same exports per tonne.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(263)</p></td><td><p>Given the full cooperation of Indonesian exporting producers, the amount for &#8216;all other companies&#8217; was provisionally set at the level of the highest amount established for the cooperating companies.</p><table><col/><col/><tbody><tr><td><p>Company</p></td><td><p>Subsidy rate</p></td></tr><tr><td><p>PT Ciliandra Perkasa</p></td><td><p>8,0 %</p></td></tr><tr><td><p>PT Intibenua Perkasatama and PT Musim Mas (Musim Mas Group)</p></td><td><p>16,3 %</p></td></tr><tr><td><p>PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo (Permata Group)</p></td><td><p>18,0 %</p></td></tr><tr><td><p>PT Wilmar Nabati Indonesia and PT Wilmar Bioenergi Indonesia (Wilmar Group)</p></td><td><p>15,7 %</p></td></tr><tr><td><p>All other companies</p></td><td><p>18,0 %</p></td></tr></tbody></table></td></tr></tbody></table> 4. INJURY 4.1. Definition of the Union industry and Union production <table><col/><col/><tbody><tr><td><p>(264)</p></td><td><p>During the investigation period, 44 producers in the Union that were members of the EBB and a further 196&#160;known non-member producers manufactured the like product. All these producers constitute the &#8216;Union industry&#8217; within the meaning of Article 9(1) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(265)</p></td><td><p>As indicated in recitals (17) to (20), the Commission selected three Union producers in the sample representing 18&#160;% of the total Union production of the like product.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(266)</p></td><td><p>The Commission established the total Union production of biodiesel during the investigation period at around 13&#160;million tonnes based on information submitted by the EBB concerning the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(267)</p></td><td><p>The EBB compiles data concerning production that it receives from its members, which account for around 70&#160;% of the biodiesel production in the Union. With regard to non-member producers accounting for around 30&#160;% of the biodiesel production in the Union, it gathers the information concerning production from the relevant national industry associations and from other publicly available sources.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(268)</p></td><td><p>The methodology and correctness of the data gathered by the EBB was subject to a verification visit under Article&#160;26 of the basic Regulation carried out at the premises of the EBB.</p><p><span>Table 3</span></p><p><span>Union production (tonnes)</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Total Union production</p></td><td><p>11&#160;789&#160;896</p></td><td><p>11&#160;958&#160;862</p></td><td><p>13&#160;071&#160;053</p></td><td><p>13&#160;140&#160;582</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>101</span></p></td><td><p><span>111</span></p></td><td><p><span>111</span></p></td></tr><tr><td><p><span>Source:</span> EBB</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(269)</p></td><td><p>Total Union production gradually increased by 11&#160;% between 2015 and 2017. It remained stable between 2017 and the end of the investigation period. When compared to Union consumption indicated in table 4 below, the production of the Union industry did not keep up with demand, the difference being imported biodiesel.</p></td></tr></tbody></table> 4.2. Union consumption <table><col/><col/><tbody><tr><td><p>(270)</p></td><td><p>The Commission established the Union consumption of biodiesel by adding imports of biodiesel into the Union to the sales of the Union industry on the Union market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(271)</p></td><td><p>Union consumption developed as follows:</p><p><span>Table 4</span></p><p><span>Union consumption (tonnes)</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Total Union consumption</p></td><td><p>11&#160;791&#160;953</p></td><td><p>11&#160;435&#160;468</p></td><td><p>14&#160;202&#160;128</p></td><td><p>15&#160;634&#160;102</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>97</span></p></td><td><p><span>120</span></p></td><td><p><span>133</span></p></td></tr><tr><td><p><span>Source:</span> EBB, EU import statistics</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(272)</p></td><td><p>The Union's biodiesel consumption was stable until 2016. It increased in 2017 and the investigation period by 33&#160;% as compared with 2015. The consumption of biodiesel depends on two major factors, the consumption of diesel fuel and the content of biodiesel in this fuel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(273)</p></td><td><p>The steadily increasing demand and the Union production results from the energy policy of the Union. The Renewable Energy Directive 2009/285 (&#8216;the RED&#8217;)&#160;<a>(<span>55</span>)</a> established that &#8216;<span>each Member State shall ensure that the share of energy from renewable sources in all forms of transport in 2020 is at least 10&#160;% of the final consumption of energy in transport in that Member State</span>&#8217; (&#8216;blending mandate&#8217;). The Directive allows each Member State to set their own country-specific mandates.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(274)</p></td><td><p>The Second Renewable Energy Directive 2018/2001 (&#8216;RED II&#8217;) was published on 21&#160;December 2018&#160;<a>(<span>56</span>)</a>, after the end of the investigation period. The Directive continues the policy of renewable fuels being used in the transport sector, continues the target of 10&#160;% renewables in transport, and sets out biofuels sustainability criteria for all biofuels produced or consumed in the EU</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(275)</p></td><td><p>The fact that more biodiesel is being mixed into mineral diesel is an important element in the analysis of biodiesel market trends in the Union. The cost of production and prices of biodiesel are generally higher than the cost of production and prices of mineral diesel. The EU legislation makes producers of fuels (refineries) purchase biodiesel to mix it with fossil-based fuel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(276)</p></td><td><p>The consumption of biodiesel is directly linked to measures introduced in each Member State in order to comply with the blending mandate to mix certain levels of biodiesel in fossil fuels.&#160;The consumption of biodiesel is set to increase as and when more Member States transpose EU directive targets into their national legislation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(277)</p></td><td><p>Another important factor relates to the consumption of diesel fuel for road transport in the Union. This consumption is driven by the Union's general economic situation, which drives the need to transport goods and persons.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(278)</p></td><td><p>Another factor relating to the consumption of diesel fuel (and as a consequence biodiesel) in the Union is the fuel efficiency of the diesel trucks, buses and diesel cars.&#160;Higher fuel efficiency directly leads to a lower diesel consumption. Another factor is a switch from diesel engines to engines using other types of fuel, such as petrol, LPG/CNG, hybrid and fully electric engines.</p></td></tr></tbody></table> 4.3. Imports from the country concerned 4.3.1. Volume and market share of the imports from the country concerned <table><col/><col/><tbody><tr><td><p>(279)</p></td><td><p>The Commission established the volume of biodiesel imports and their market share based on Surveillance 2&#160;<a>(<span>57</span>)</a> database.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(280)</p></td><td><p>Biodiesel imports into the Union from the country concerned developed as follows.&#160;The IP has been split into quarters to show the effect of the annulment of the duties in March 2018:</p><p><span>Table 5</span></p><p><span>Import volume (tonnes) and market share</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Volume of imports from Indonesia (tonnes)</p></td><td><p>13&#160;340</p></td><td><p>31&#160;115</p></td><td><p>24&#160;984</p></td><td><p>516&#160;088</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>233</span></p></td><td><p><span>187</span></p></td><td><p><span>3&#160;869</span></p></td></tr><tr><td><p>Market share</p></td><td><p>0,1 %</p></td><td><p>0,3 %</p></td><td><p>0,2 %</p></td><td><p>3,3 %</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>241</span></p></td><td><p><span>156</span></p></td><td><p><span>2&#160;918</span></p></td></tr><tr><td><p><span>Source:</span> Surveillance 2 database</p></td></tr></tbody></table><p><span>Table 6</span></p><p><span>Quarterly import volume (tonnes) from Indonesia in the IP</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Q4 2017</p></td><td><p>Q1 2018</p></td><td><p>Q2 2018</p></td><td><p>Q3 2018</p></td></tr><tr><td><p>Volume of imports from Indonesia (tonnes)</p></td><td><p>0</p></td><td><p>25&#160;275</p></td><td><p>227&#160;114</p></td><td><p>263&#160;678</p></td></tr><tr><td><p><span>Source:</span> Surveillance 2 database</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(281)</p></td><td><p>Because of the anti-dumping duties concerning imports from Indonesia imposed on 26&#160;November 2013 by Regulation (EU) 1194/2013&#160;<a>(<span>58</span>)</a>, there were only minor imports from Indonesia to the Union between 2015 and February 2018.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(282)</p></td><td><p>However, these duties were annulled by a judgment of the European Court of Justice in March 2018&#160;<a>(<span>59</span>)</a> and as a result, imports increased dramatically thereafter as can be seen in Table 6.</p></td></tr></tbody></table> 4.3.2. Prices of imports from the country concerned and price undercutting <table><col/><col/><tbody><tr><td><p>(283)</p></td><td><p>As set out above, there have been imports from Indonesia throughout the period considered. The evolution of prices in the period considered, from 2015 to the investigation period was as follows.</p><p><span>Table 7</span></p><p><span>Import price</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Import prices from Indonesia (EUR per tonne)</p></td><td><p>853</p></td><td><p>619</p></td><td><p>803</p></td><td><p>671</p></td></tr><tr><td><p><span>Source:</span> Surveillance 2 database</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(284)</p></td><td><p>During the IP, there was a difference of around 15&#160;% between those import prices and the EU sales prices (Table&#160;10). From 2015 to 2017 the difference was between 5&#160;% and 10&#160;%.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(285)</p></td><td><p>The Commission determined the price undercutting during the investigation period by comparing:</p><table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>the corresponding weighted average prices per product type of the imports from the Indonesian producers to the first independent customer on the Union market, established on a Cost, Insurance, Freight (&#8216;CIF&#8217;) basis, with appropriate adjustments for importation costs; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>the weighted average sales prices per product type of the sampled Union producers charged to unrelated customers on the Union market.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(286)</p></td><td><p>The Commission made price comparisons on a type-by-type basis for transactions at the same level of trade, duly adjusted where necessary, and after deduction of rebates and discounts.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(287)</p></td><td><p>The comparison on a type-by-type basis focused on a comparison of the CFPP, irrespective of the feedstock used. Another characteristic that the Commission took into account was whether a product was subject to &#8216;double-counting&#8217; in most Member States.&#160;For Germany, where a different way of calculating the efficiency of CO<span>2</span>&#160;emission reduction is in place, the Commission also took into account this specificity of the German market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(288)</p></td><td><p>The Commission noted that some Indonesian exporters reported exports to the EU without a certificate (known as a &#8216;RED certificate&#8217;) which is required under the Renewable Energy Directive to allow the biodiesel to count towards the blending mandate in the EU. The Commission considered that these sales were in direct competition with Union industry sales with such a RED certificate, as these imports were in free circulation and the technical specifications of the product are the same.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(289)</p></td><td><p>The Commission established that in most cases the final customer purchasing biodiesel is not aware of, nor concerned by, the feedstock that was used in the production, but requires a product that fulfils a certain maximum CFPP level. This level would vary depending on the season and climatic conditions.&#160;During summer months and in warmer regions, higher CFPP levels can be sold, while lower CFPP level biodiesel is required during winter months and in colder regions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(290)</p></td><td><p>Given the higher CFPP level of pure PME (normally CFPP +13), it is not normally blended with mineral diesel by itself, but is usually mixed with other biodiesels with lower CFPP first to produce a blend at CFPP +5 or CFPP 0 which is then blended with mineral diesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(291)</p></td><td><p>The amount of PME used in a blend depends on the season and location across Europe. In southern Europe CFPP&#160;&#8211;5 is used in the winter, and CFPP +5 in the summer. In northern Europe CFPP &#8211;10 is used in winter, and CFPP 0 in summer. The higher the CFPP, the larger the percentage of PME that can be used in the blend of biodiesels&#160;<a>(<span>60</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(292)</p></td><td><p>To calculate price undercutting at the level of each exporting producer, the Commission first compared the imports from Indonesia, which are pure palm oil biodiesel, to the pure palm oil biodiesel sales of the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(293)</p></td><td><p>Consequently, that type of biodiesel sold by the Union industry was in direct competition with the biodiesel imported from Indonesia, in line with the WTO panel report on Biodiesel from Indonesia&#160;<a>(<span>61</span>)</a>. That comparison covered around 20&#160;% of all sales by the sampled Union producers.&#160;According to WTO case law, there is no requirement providing for any specific percentage of the domestic industry sales to be considered in the price effects analysis&#160;<a>(<span>62</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(294)</p></td><td><p>The Commission expressed the result of this direct comparison of PME imports to PME sales as a percentage of the sampled Union producers' turnover of PME sales during the investigation period. It showed a weighted average undercutting margin by the imports of exporters from the country concerned on the Union market of between 6,0&#160;% and 11,6&#160;%.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(295)</p></td><td><p>The remainder of the sales of the sampled Union producers have a lower CFPP, which allow these products to be used at lower temperatures.&#160;Because the above-mentioned comparison between Indonesian imports and Union industry sales only covered around 20&#160;% of the sales of the sampled Union producers, the Commission made two other types of price comparisons to assess the reliability of this undercutting finding.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(296)</p></td><td><p>In the second option, the Commission broadened the comparison by including biodiesel with a CFPP of around 0&#160;degrees (&#8216;FAME0&#8217;), the most common type of biodiesel sold by the sampled Union producers, in the comparison. For this purpose, the prices of FAME0 were adjusted downwards taking account of the market value of the difference in physical properties.&#160;This market value was assessed based on the price difference between FAME10 and FAME0 on the Union market. This comparison covered 55&#160;% of all sales of the Union industry and showed undercutting of 7,4&#160;%.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(297)</p></td><td><p>This comparison takes into account that biodiesel at CFPP0 &#8211; FAME0 - is usually a blend of various types of biodiesel, often including up to 20&#160;% of PME. The Commission therefore considered that the sales price of FAME0 on the Union market is affected by the price of the biodiesels blended to make it and therefore a comparison is appropriate, to check the like-for-like comparison.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(298)</p></td><td><p>In the third option, the Commission compared all imports of the Indonesian exporting producers with all sales of the sampled Union producers, regardless of the product type. This comparison showed undercutting of 17,5&#160;%&#160;<a>(<span>63</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(299)</p></td><td><p>This comparison showed that imports of PME from Indonesia at subsidised prices would have the effect of lowering the price of most blends sold on the Union market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(300)</p></td><td><p>Consequently, all three types of price comparisons showed significant levels of price undercutting. Therefore, irrespective of the methodology used, the Commission provisionally established that the prices of Indonesian imports significantly undercut the prices of the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(301)</p></td><td><p>In addition, in recital (328) the Commission analysed whether the Union industry prices were depressed by the subsidised imports.</p></td></tr></tbody></table> 4.4. Economic situation of the Union industry 4.4.1. General remarks <table><col/><col/><tbody><tr><td><p>(302)</p></td><td><p>In accordance with Article 8(5) of the basic Regulation, the examination of the impact of the dumped imports on the Union industry included an evaluation of all economic indicators having a bearing on the state of the Union industry during the period considered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(303)</p></td><td><p>As mentioned in recitals (17) to (20), sampling was used for the determination of injury and the negative impact on the level of the sales prices, quantities sold, market share and profits of the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(304)</p></td><td><p>For the injury determination, the Commission distinguished between macroeconomic and microeconomic injury indicators.&#160;The Commission evaluated the macroeconomic indicators based on data contained in the questionnaire replies from the sampled Union producers and based on the information provided by the EBB.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(305)</p></td><td><p>The Commission verified the methodology of collection of data submitted by the EBB and that the information was supported by adequate documentation and research procedures.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(306)</p></td><td><p>Both sets of data were found to be representative of the economic situation of the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(307)</p></td><td><p>The macroeconomic indicators are: production, production capacity, capacity utilisation, sales volume, market share, growth, employment, productivity, magnitude of the amount of subsidisation, and recovery from past subsidisation or dumping.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(308)</p></td><td><p>The microeconomic indicators are: average unit prices, unit cost, labour costs, inventories, profitability, cash flow, investments, return on investments, and ability to raise capital.</p></td></tr></tbody></table> 4.4.2. Macroeconomic indicators 4.4.2.1. Production capacity and capacity utilisation <table><col/><col/><tbody><tr><td><p>(309)</p></td><td><p>The total Union production capacity and capacity utilisation developed over the period considered as follows:</p><p><span>Table 8</span></p><p><span>Production capacity and capacity utilisation</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Production capacity (tonnes)</p></td><td><p>16&#160;009&#160;878</p></td><td><p>16&#160;561&#160;814</p></td><td><p>16&#160;594&#160;853</p></td><td><p>17&#160;031&#160;230</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>103</span></p></td><td><p><span>104</span></p></td><td><p><span>106</span></p></td></tr><tr><td><p>Capacity utilisation</p></td><td><p>74 %</p></td><td><p>72 %</p></td><td><p>79 %</p></td><td><p>77 %</p></td></tr><tr><td><p><span>Source:</span> EBB</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(310)</p></td><td><p>Production capacity increased slowly throughout the period considered, to take account of growing demand. However, since the Union industry was only able to benefit from the market growth to a very limited extent due to the significant increase in subsidised imports, in particular during the investigation period, the increase in production capacity is significantly lower than the demand growth.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(311)</p></td><td><p>Similarly, as in the case of the information on production, in recital (309), the EBB compiles data concerning capacity from its members, including national associations, and with regard to non-members, it gathers the information concerning capacity from other publicly available sources.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(312)</p></td><td><p>The production capacity figures do not include a significant part of capacity that is considered idle. The EBB explained that a number of installed biodiesel plants have not been operational for several years and should be considered as long-term out-of-use. These plants, although nominally installed, would only be able to restart production after investment in technical adaptation and after a significant period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(313)</p></td><td><p>Capacity utilisation of the Union industry increased by 3 percentage points from 74&#160;% to 77&#160;% in the period considered. The industry achieved the highest levels of capacity utilisation during 2017 and the investigation period.</p></td></tr></tbody></table> 4.4.2.2. Sales volume and market share <table><col/><col/><tbody><tr><td><p>(314)</p></td><td><p>The Union industry's sales volume and market share developed over the period considered as follows:</p><p><span>Table 9</span></p><p><span>Sales volume and market share</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Sales volume on the Union market (tonnes)</p></td><td><p>11&#160;305&#160;117</p></td><td><p>10&#160;920&#160;665</p></td><td><p>13&#160;004&#160;462</p></td><td><p>12&#160;741&#160;791</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>97</span></p></td><td><p><span>115</span></p></td><td><p><span>113</span></p></td></tr><tr><td><p>Market share</p></td><td><p>95,9 %</p></td><td><p>95,5 %</p></td><td><p>91,6 %</p></td><td><p>81,5 %</p></td></tr><tr><td><p><span>Source:</span> EBB, import and export statistics</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(315)</p></td><td><p>The Union industry's sales dropped between 2015 and 2016, increased in 2017 but then fell back slightly in the investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(316)</p></td><td><p>The factors driving sales are the same factors driving Union consumption. Imports did not affect the sales level to a significant extent in the years 2015-2016, which was a reason for the rather stable levels of both sales and market share.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(317)</p></td><td><p>The removal of duties on imports from Indonesia changed the picture of the market in 2018. After the removal of duties the Union industry significantly lost market share compared to 2016 (almost 15&#160;%), in particular between 2017 and the investigation period.</p></td></tr></tbody></table> 4.4.2.3. Growth <table><col/><col/><tbody><tr><td><p>(318)</p></td><td><p>While the market in the Union was growing by 33&#160;% during the period considered, the sales quantity and production of the Union industry increased by only 13&#160;% and 11&#160;% respectively. The Union industry was therefore only able to benefit from the market growth during the investigation period to a very limited extent, since a significant part of this growth was absorbed by increasing quantities of imports, such as the subsidised imports from Indonesia.</p></td></tr></tbody></table> 4.4.2.4. Employment and productivity <table><col/><col/><tbody><tr><td><p>(319)</p></td><td><p>Employment and productivity developed over the period considered as follows:</p><p><span>Table 10</span></p><p><span>Employment and productivity</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Number of employees</p></td><td><p>2&#160;763</p></td><td><p>2&#160;762</p></td><td><p>2&#160;733</p></td><td><p>2&#160;841</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>100</span></p></td><td><p><span>99</span></p></td><td><p><span>103</span></p></td></tr><tr><td><p>Productivity (tonne/employee)</p></td><td><p>4&#160;267</p></td><td><p>4&#160;329</p></td><td><p>4&#160;782</p></td><td><p>4&#160;625</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>101</span></p></td><td><p><span>112</span></p></td><td><p><span>108</span></p></td></tr><tr><td><p><span>Source:</span> EBB</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(320)</p></td><td><p>Employment by the Union industry remained stable throughout the period considered. Productivity increased between 2016 and 2017 and then slightly decreased by four percentage points.</p></td></tr></tbody></table> 4.4.2.5. Magnitude of the amount of the countervailable subsidies and recovery from past subsidisation or dumping <table><col/><col/><tbody><tr><td><p>(321)</p></td><td><p>The impact of the subsidised imports from Indonesia on the Union industry will likely be substantial, given the significant volumes and low prices of these imports.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(322)</p></td><td><p>On 26&#160;November 2013, the EU imposed definitive anti-dumping duties on imports of biodiesel from Indonesia. The duties ranged between 8.8&#160;% and 20,5&#160;%.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(323)</p></td><td><p>As stated in recital (282), those anti-dumping duties were annulled in March 2018 and as a result, the imports from Indonesia started notably to increase. As noted in recital (280) the market share of Indonesian imports reached 3,3&#160;% in the investigation period, almost exclusively in the second half of the investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(324)</p></td><td><p>As a consequence of the increasing imports at low prices significantly undercutting or depressing the Union industry's prices, the Union industry lost market share and was not able to benefit from the market growth.</p></td></tr></tbody></table> 4.4.3. Microeconomic indicators 4.4.3.1. Prices and factors affecting prices <table><col/><col/><tbody><tr><td><p>(325)</p></td><td><p>The weighted average unit sales prices of the sampled Union producers to unrelated customers in the Union developed over the period considered as follows:</p><p><span>Table 11</span></p><p><span>Sales prices in the Union</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Average unit sales price in the Union on the total market (EUR/tonne)</p></td><td><p>715</p></td><td><p>765</p></td><td><p>832</p></td><td><p>794</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>107</span></p></td><td><p><span>116</span></p></td><td><p><span>111</span></p></td></tr><tr><td><p>Unit cost of production (EUR/tonne)</p></td><td><p>728</p></td><td><p>767</p></td><td><p>827</p></td><td><p>791</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>105</span></p></td><td><p><span>114</span></p></td><td><p><span>109</span></p></td></tr><tr><td><p><span>Source:</span> Sampled Union producers</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(326)</p></td><td><p>The weighted average unit sales price of the sampled Union producers to unrelated customers increased by 16&#160;% between 2015 and 2017. Prices subsequently decreased by 5 percentage points between 2017 and the investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(327)</p></td><td><p>The unit cost of production of the sampled Union producers followed the trend of prices, and increased by 14&#160;% between 2015 and 2017. Costs subsequently decreased by 5 percentage points between 2017 and the investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(328)</p></td><td><p>The biodiesel market is a price-sensitive commodity market. In such a commodity market a price undercutting of around 10&#160;% does exercise a significant downward pressure on prices.&#160;Due to this price pressure, the Union industry could not benefit from the decreasing costs during the investigation period, because it had to fully pass on this cost decrease to its customers to avoid an even larger loss of market share.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(329)</p></td><td><p>As a result, the Union industry could not improve their unsatisfactory profit margin due to the price pressure exercised by significant quantities of low-priced subsidised imports in an otherwise favourable market situation.</p></td></tr></tbody></table> 4.4.3.2. Labour costs <table><col/><col/><tbody><tr><td><p>(330)</p></td><td><p>The average labour costs of the sampled Union producers developed over the period considered as follows:</p><p><span>Table 12</span></p><p><span>Average labour costs per employee</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Average labour costs per employee (EUR)</p></td><td><p>71&#160;573</p></td><td><p>65&#160;237</p></td><td><p>65&#160;874</p></td><td><p>65&#160;730</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>91</span></p></td><td><p><span>92</span></p></td><td><p><span>92</span></p></td></tr><tr><td><p><span>Source:</span> Sampled Union producers</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(331)</p></td><td><p>Average labour costs went down between 2015 and 2016, and subsequently remained stable until the end of the investigation period.</p></td></tr></tbody></table> 4.4.3.3. Stocks <table><col/><col/><tbody><tr><td><p>(332)</p></td><td><p>Stock levels of the sampled Union producers developed over the period considered as follows:</p><p><span>Table 13</span></p><p><span>Stocks</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Closing stocks (tonnes)</p></td><td><p>85&#160;725</p></td><td><p>92&#160;291</p></td><td><p>87&#160;864</p></td><td><p>88&#160;457</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>108</span></p></td><td><p><span>102</span></p></td><td><p><span>103</span></p></td></tr><tr><td><p><span>Source:</span> Sampled Union producers</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(333)</p></td><td><p>Stock levels of the sampled Union remained relatively stable throughout the period considered. Given that the product concerned is sold in bulk, a single delivery can comprise a significant volume of more than 10&#160;000&#160;tonnes and can have a significant impact on the stock level, depending on the precise transaction date. Therefore the level of stocks is a less meaningful indicator for the Union industry.</p></td></tr></tbody></table> 4.4.3.4. Profitability, cash flow, investments, return on investments and ability to raise capital <table><col/><col/><tbody><tr><td><p>(334)</p></td><td><p>Profitability, cash flow, investments and return on investments of the sampled Union producers developed over the period considered as follows:</p><p><span>Table 14</span></p><p><span>Profitability, cash flow, investments and return on investments</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Profitability of sales in the Union to unrelated customers (% of sales turnover)</p></td><td><p>&#8211; 0,1 %</p></td><td><p>0,9 %</p></td><td><p>0,8 %</p></td><td><p>0,8 %</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>&#8211; 100</span></p></td><td><p><span>900</span></p></td><td><p><span>800</span></p></td><td><p><span>824</span></p></td></tr><tr><td><p>Cash flow (EUR)</p></td><td><p>23&#160;004&#160;159</p></td><td><p>26&#160;458&#160;832</p></td><td><p>35&#160;102&#160;719</p></td><td><p>26&#160;286&#160;866</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>115</span></p></td><td><p><span>153</span></p></td><td><p><span>114</span></p></td></tr><tr><td><p>Investments (EUR)</p></td><td><p>19&#160;697&#160;707</p></td><td><p>8&#160;039&#160;845</p></td><td><p>38&#160;946&#160;892</p></td><td><p>13&#160;265&#160;279</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>41</span></p></td><td><p><span>198</span></p></td><td><p><span>67</span></p></td></tr><tr><td><p>Return on investments</p></td><td><p>&#8211; 3 %</p></td><td><p>18 %</p></td><td><p>16 %</p></td><td><p>17 %</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>&#8211; 100</span></p></td><td><p><span>600</span></p></td><td><p><span>533</span></p></td><td><p><span>573</span></p></td></tr><tr><td><p><span>Source:</span> Sampled Union producers</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(335)</p></td><td><p>The Commission established the profitability of the three sampled Union producers by expressing the pre-tax net profit of the sales of the like product to unrelated customers in the Union as a percentage of the turnover of those sales.&#160;The profitability is based on cost of goods sold.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(336)</p></td><td><p>The profitability was around break-even during the whole period considered, remaining below 1&#160;% of turnover.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(337)</p></td><td><p>In spite of low profit levels, the Union industry was generating a positive cash flow from its operations in the whole period considered. It was able to self-finance its activities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(338)</p></td><td><p>The Union industry continued to invest during the whole period considered. Investments strongly fluctuated during the whole period, reaching their highest level in 2017.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(339)</p></td><td><p>The return on investments is the profit in percentage of the net book value of investments.&#160;The return on investment was low but positive while the industry was profitable, between 2016 and the end of the investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(340)</p></td><td><p>The financial performance of the Union industry in terms of profits during the investigation period limited its ability to raise capital.</p></td></tr></tbody></table> 4.4.4. Conclusion on injury <table><col/><col/><tbody><tr><td><p>(341)</p></td><td><p>Imports from Indonesia were negligible throughout the period considered until March 2018 when the existing anti-dumping duties were discontinued. As a result, during the investigation period the imports increased significantly reaching 3,3&#160;%.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(342)</p></td><td><p>Union consumption was constantly increasing during the period considered, reaching an increase by 33&#160;% for the entire period. This positive development was only partially reflected in the Union industry production and sales volume which increased only by 11&#160;% and 13&#160;% respectively during the same period. As a result, the imports, including those from Indonesia, increased their market share.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(343)</p></td><td><p>During the period considered the injury indicators showed a mixed picture. Production and sales of the Union industry to a certain extent followed the market demand, but were only able to benefit from the market growth towards the end of the period considered to a very limited extent.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(344)</p></td><td><p>Investments fluctuated throughout the period considered. The number of employees in the Union industry remained stable throughout the period considered, which in combination with an increasing production led to an increasing productivity per employee.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(345)</p></td><td><p>However, the profitability of the Union industry remained poor throughout the period considered. This indicates that the Union industry did not manage to reach the level of normal profitable operations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(346)</p></td><td><p>Despite an increase of sales and production, caused by increasing consumption, the Union industry did not show indications of improving its economic situation. Whilst not being conclusive on the existence of material injury during the investigation period, the Commission will examine whether there is, at the very least, a threat of material injury.</p></td></tr></tbody></table> 5. THREAT OF INJURY 5.1. Introduction <table><col/><col/><tbody><tr><td><p>(347)</p></td><td><p>In accordance with Article 8(8) of the basic Regulation, the Commission examined whether the subsidised imports from Indonesia constitute a threat of material injury to the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(348)</p></td><td><p>In the analysis of a threat of material injury to the Union industry, in accordance with Article 8(8), second subparagraph, of the basic Regulation, the Commission considered such factors as:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the nature of the subsidy or subsidies in question and the trade effects likely to arise therefrom;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>a significant rate of increase of subsidised imports into the Union market indicating the likelihood of substantially increased imports;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>sufficient freely disposable capacity on the part of the exporter or an imminent and substantial increase in such capacity indicating the likelihood of substantially increased subsidised exports to the Union, account being taken of the availability of other export markets to absorb any additional exports;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>whether imports are entering at prices that would, to a significant degree, depress prices or prevent price increases which otherwise would have occurred, and would probably increase demand for further imports; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the level of inventories.</p></td></tr></tbody></table></td></tr></tbody></table> 5.2. The nature of the subsidy or subsidies in question and the trade effects likely to arise therefrom <table><col/><col/><tbody><tr><td><p>(349)</p></td><td><p>In recital (263), the Commission provisionally concluded on the existence of countervailable subsidies in accordance with the provisions of the basic Regulation. Those subsidies show that the imports of the product concerned benefit from governmental support. The significant undercutting and price depression found during the investigation period is expected to affect the delicate economic situation of the Union industry already observed during the investigation period even more negatively in the near future.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(350)</p></td><td><p>Moreover, as explained in recital (203), the GOI's measures supporting the domestic biodiesel industry ensure that biodiesel exports remain very competitive because of the lower costs of obtaining CPO (as opposed to Union producers who cannot benefit from such low prices). It is therefore foreseeable that the subsidised imports of the product concerned, because of the nature of the GOI's support measures, will continue to negatively affect the Union industry's economic situation.</p></td></tr></tbody></table> 5.3. Significant rate of increase of subsidised imports into the Union market indicating the likelihood of substantially increased imports <table><col/><col/><tbody><tr><td><p>(351)</p></td><td><p>There is a clear link between the sudden and substantial increase of imports to the Union market from Indonesia since March 2018 and the removal of the anti-dumping duties in the same month. This indicates the ability of the Indonesian exporting producers to quickly react to the changing market conditions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(352)</p></td><td><p>Therefore, in view of the attractiveness of the Union market for the Indonesian exports, the Commission considered that after the termination of anti-dumping duties in March 2018, the fact that the volume of biodiesel imports from Indonesia has increased significantly indicates the likelihood that such imports will continue to increase.</p></td></tr></tbody></table> 5.4. Sufficient freely disposable capacity and absorption capacity of third countries <table><col/><col/><tbody><tr><td><p>(353)</p></td><td><p>According to information provided by the GOI, the production capacity of the Indonesian biodiesel producers significantly exceeds the domestic demand by around 300&#160;%. More than half of this production capacity is spare capacity, which the Indonesian exporters will have to export if they want to increase their currently low capacity utilisation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(354)</p></td><td><p>The spare capacity of the Indonesian biodiesel producers during the investigation period is established at around 40&#160;% of EU consumption. This figure is based on verified information provided by the GOI.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(355)</p></td><td><p>In November 2017, the USA imposed provisional anti-dumping duties and countervailing duties against imports of biodiesel from Indonesia. They were largely confirmed by definitive duties in April 2018 ranging between 92&#160;% and 277&#160;% for the anti-dumping duties ranging between 34&#160;% and 65&#160;% for the countervailing duties.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(356)</p></td><td><p>The magnitude of the level of duties imposed in the USA means this market will not be able to absorb a significant part of the Indonesian spare capacity. There are no other known export markets that could absorb the very large Indonesian spare capacity, since the USA and the Union together account for around two thirds of the global consumption of biodiesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(357)</p></td><td><p>In the absence of other significant markets available to the Indonesian producers, they are likely to direct their spare capacities to the Union market, causing further injury to the Union industry.</p></td></tr></tbody></table> 5.5. Price level of subsidised imports <table><col/><col/><tbody><tr><td><p>(358)</p></td><td><p>The biodiesel from Indonesia that arrived in the Union market during the investigation period was imported at substantially lower prices than the prices charged by the Union industry. As explained in recital (294), the Commission established weighted average undercutting margins for the investigation period of between 6,0&#160;% and 11,6&#160;%. A comparison of all product categories also shows undercutting of 15&#160;% &#8211; 17,5&#160;%.</p></td></tr></tbody></table> 5.6. Level of inventories <table><col/><col/><tbody><tr><td><p>(359)</p></td><td><p>The evolution of level of inventories of the sampled Union producers is described in detail in recital (332). As explained, due to the fact that the product concerned is sold in bulk, the level of inventories is a less meaningful indicator for the threat of injury analysis.</p></td></tr></tbody></table> 5.7. Conclusion <table><col/><col/><tbody><tr><td><p>(360)</p></td><td><p>In view of the analysis of factors concerning the threat of injury listed in recital (348), the Commission concluded that the fragile economic condition of the Union industry is likely to be aggravated by the imminent and continuing subsidised imports of biodiesel from Indonesia, which supports a provisional finding of threat of injury under Article 8(8) of the basic Regulation.</p></td></tr></tbody></table> 6. CAUSATION 6.1. Effects of the subsidised imports <table><col/><col/><tbody><tr><td><p>(361)</p></td><td><p>As stated in recital (280), there were only negligible imports to the Union from Indonesia in the years&#160;2015-2017 as well as during the first months of the investigating period. However, the imports increased significantly during the second half of the investigation period. As indicated in recital (280) the market share of the Indonesian imports for the investigation period is 3,3&#160;%. As shown in recital (294), the Indonesian biodiesel imports were undercutting the Union industry prices by at least 6,0&#160;% to 11,6&#160;% during the investigation period, and such undercutting could be even higher depending on the approach to be followed. The Commission also established that the Indonesian biodiesel imports depressed the Union industry prices during the investigation period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(362)</p></td><td><p>Due to the significant and sudden increase of the subsidised imports of Indonesian biodiesel at prices below those of the Union industry, the Union industry lost market share in the investigation period, and could not improve its unsatisfactory profit margin in an otherwise favourable market situation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(363)</p></td><td><p>Therefore, the Commission concluded that those subsidised imports had a negative impact on the situation of the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(364)</p></td><td><p>Moreover, not only do the Indonesian biodiesel producers have significant spare capacity, which can be directed to the Union, but the closure of the second biggest export market of Indonesia &#8211; the USA &#8211;has directed excess production from Indonesia to the Union, which constitutes 40&#160;% of the worldwide consumption. Thus, the Union has become the most attractive destination for Indonesian subsidised imports of biodiesel, to the detriment of the Union industry.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(365)</p></td><td><p>Therefore, the Commission considered that the subsidised imports of Indonesian biodiesel are causing a threat of material injury to the Union industry.</p></td></tr></tbody></table> 6.2. Other known factors <table><col/><col/><tbody><tr><td><p>(366)</p></td><td><p>The Commission also examined whether other known factors, individually or collectively, are capable of attenuating the causal link established between the subsidised imports and the threat of injury provisionally found to exist to the effect that such link would no longer be genuine and substantial.</p></td></tr></tbody></table> 6.2.1. Imports from third countries <table><col/><col/><tbody><tr><td><p>(367)</p></td><td><p>Other than imports from Indonesia, imports from only three other countries, Argentina, Malaysia and the People's Republic of China (&#8216;the PRC&#8217;), had a significant market share during the period considered. The volume of imports from other third countries developed over the period considered as follows:</p><p><span>Table 15</span></p><p><span>Imports from third countries</span></p><table><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Country</p></td><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Argentina</p></td><td><p>Volume (tonnes)</p></td><td><p>31&#160;340</p></td><td><p>0</p></td><td><p>394&#160;005</p></td><td><p>1&#160;525&#160;081</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>0</span></p></td><td><p><span>1&#160;257</span></p></td><td><p><span>4&#160;866</span></p></td></tr><tr><td><p>Market share</p></td><td><p>0,3 %</p></td><td><p>0 %</p></td><td><p>2,8 %</p></td><td><p>9,8 %</p></td></tr><tr><td><p>Average price</p></td><td><p>633</p></td><td><p>0</p></td><td><p>636</p></td><td><p>621</p></td></tr><tr><td><p>Malaysia</p></td><td><p>Volume (tonnes)</p></td><td><p>349&#160;571</p></td><td><p>273&#160;427</p></td><td><p>378&#160;395</p></td><td><p>404&#160;058</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>78</span></p></td><td><p><span>108</span></p></td><td><p><span>116</span></p></td></tr><tr><td><p>Market share</p></td><td><p>3,0 %</p></td><td><p>2,4 %</p></td><td><p>2,7 %</p></td><td><p>2,6 %</p></td></tr><tr><td><p>Average price</p></td><td><p>880</p></td><td><p>975</p></td><td><p>1&#160;007</p></td><td><p>899</p></td></tr><tr><td><p>the PRC</p></td><td><p>Volume (tonnes)</p></td><td><p>1&#160;159</p></td><td><p>38&#160;496</p></td><td><p>217&#160;313</p></td><td><p>272&#160;146</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>3&#160;320</span></p></td><td><p><span>18&#160;742</span></p></td><td><p><span>23&#160;472</span></p></td></tr><tr><td><p>Market share</p></td><td><p>0 %</p></td><td><p>0,3 %</p></td><td><p>1,5 %</p></td><td><p>1,7 %</p></td></tr><tr><td><p>Average price</p></td><td><p>818</p></td><td><p>763</p></td><td><p>812</p></td><td><p>778</p></td></tr><tr><td><p>All other countries except Argentina, Indonesia, Malaysia and the PRC</p></td><td><p>Volume (tonnes)</p></td><td><p>90&#160;620</p></td><td><p>169&#160;864</p></td><td><p>181&#160;209</p></td><td><p>174&#160;938</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>187</span></p></td><td><p><span>200</span></p></td><td><p><span>193</span></p></td></tr><tr><td><p>Market share</p></td><td><p>0,8 %</p></td><td><p>1,5 %</p></td><td><p>1,3 %</p></td><td><p>1,1 %</p></td></tr><tr><td><p>Average price</p></td><td><p>771</p></td><td><p>789</p></td><td><p>894</p></td><td><p>852</p></td></tr><tr><td><p><span>Source:</span> Surveillance 2 database</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(368)</p></td><td><p>Imports from Argentina reached a market share of 2,8&#160;% in 2017, increasing to almost 10&#160;% during the investigation period. These imports were subject to an earlier investigation, which resulted in the imposition of a definitive countervailing duty&#160;<a>(<span>64</span>)</a> and the acceptance of undertaking offers&#160;<a>(<span>65</span>)</a> in February 2019. The investigation showed that, at that time, subsidised imports threatened to cause material injury to the Union industry at the end of the investigation period of that case, i.e. the end of 2017.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(369)</p></td><td><p>Imports from Argentina were to a certain extent responsible for the negative development of some injury indicators, such as the loss of market share of the Union industry and their inability to fully benefit from the growing consumption in the Union during the investigation period. Notably, the average import price from Indonesia of 671 EUR per tonne in the investigation period was higher than the import price from Argentina during the investigation period, which was 621 EUR per tonne.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(370)</p></td><td><p>However, the threat of injury from Argentinian imports in the past including their very low prices was addressed by imposing countervailing duties and accepting undertaking offers in February 2019. Therefore, Indonesian imports have become the main cause for a threat of injury to the Union industry since then and Argentinian imports do not weaken the causal link between the subsidized imports and threat of material injury to the effect of rendering the link non-genuine or non-substantial.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(371)</p></td><td><p>Imports from Malaysia were at a stable level throughout the period considered with a market share between 2,4&#160;% and 3,0&#160;% and prices were considerably higher (899 EUR per tonne) than Indonesian prices (671 EUR per tonne), and even higher than the Union's sales prices.&#160;Therefore, they do not weaken the causal link.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(372)</p></td><td><p>Imports from the PRC continuously increased during the period considered, reaching a market share of 1,7&#160;% in the investigation period. However, imports from the PRC are considerably lower in volume than from Indonesia and prices from the PRC are considerably higher (778 EUR per tonne) than Indonesian prices (671 EUR per tonne). Therefore, they do not weaken the causal link.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(373)</p></td><td><p>Imports from third countries other than Argentina, Indonesia, the PRC and Malaysia never exceeded a combined market share of 1,5&#160;%. Therefore, none of these other countries could have had any significant influence on the Union industry, in particular given the limited quantities of such imports.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(374)</p></td><td><p>Based on the above analysis, the Commission concluded that the imports from other countries did not weaken the causal link between the subsidized imports and the threat of injury to the Union industry during the investigation period.</p></td></tr></tbody></table> 6.2.2. Export performance of the Union industry <table><col/><col/><tbody><tr><td><p>(375)</p></td><td><p>None of the sampled Union producers exported biodiesel during the period considered. The below export statistics are therefore based on Eurostat, and provide an estimate for the whole Union industry. The data is the published exports of biodiesel from the EU under CN codes 3826&#160;00&#160;10 and 3826&#160;00&#160;90:</p><p><span>Table 16</span></p><p><span>Export performance of the Union industry</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>2015</p></td><td><p>2016</p></td><td><p>2017</p></td><td><p>IP</p></td></tr><tr><td><p>Export volume (tonnes)</p></td><td><p>199&#160;740</p></td><td><p>336&#160;394</p></td><td><p>323&#160;085</p></td><td><p>462&#160;368</p></td></tr><tr><td><p><span>Index</span></p></td><td><p><span>100</span></p></td><td><p><span>168</span></p></td><td><p><span>162</span></p></td><td><p><span>231</span></p></td></tr><tr><td><p><span>Source:</span> Eurostat</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(376)</p></td><td><p>The level of exports of the Union industry was limited. It did not exceed 4&#160;% of its sales in any year of the period considered. The export performance of the Union industry cannot have been weakening the causal link between the subsidised imports and the threat of injury.</p></td></tr></tbody></table> 6.3. Conclusion <table><col/><col/><tbody><tr><td><p>(377)</p></td><td><p>The Commission identified a link between the increasing imports of subsidised imports from Indonesia during the period considered and the threat of material injury.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(378)</p></td><td><p>The Commission distinguished and separated the effects of all known factors on the situation of the Union industry from the injurious effects of the subsidised imports from Indonesia.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(379)</p></td><td><p>The Commission found that the other identified factors such as imports from other third countries and export performance of the Union industry did not weaken the causal link, either individually or collectively. The Commission notes that while the subsidised imports from Argentina were also a factor contributing to the threat of injury during and shortly after the investigation period, this issue had been addressed in the meantime by imposing countervailing duties and accepting undertaking offers in February 2019.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(380)</p></td><td><p>In fact imports from Indonesia have continued to increase after February 2019, showing that they remain the main cause of the threat of injury:</p><p><span>Table 17</span></p><p><span>Import volume (tonnes) from Indonesia after the IP</span></p><table><col/><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>10/2018</p></td><td><p>11/2018</p></td><td><p>12/2018</p></td><td><p>1/2019</p></td><td><p>2/2019</p></td><td><p>3/2019</p></td><td><p>4/2019</p></td><td><p>5/2019</p></td></tr><tr><td><p>Imports from Indonesia (tonnes)</p></td><td><p>53&#160;204</p></td><td><p>7&#160;020</p></td><td><p>78&#160;866</p></td><td><p>63&#160;409</p></td><td><p>41&#160;757</p></td><td><p>129&#160;511</p></td><td><p>113&#160;831</p></td><td><p>56&#160;283</p></td></tr><tr><td><p><span>Source:</span> Surveillance 2 database</p></td></tr></tbody></table></td></tr></tbody></table> 7. UNION INTEREST <table><col/><col/><tbody><tr><td><p>(381)</p></td><td><p>In accordance with Article 31 of the basic Regulation, the Commission examined whether it could clearly conclude that it was not in the Union interest to adopt countervailing measures corresponding to the total amount of countervailable subsidies in this case, despite the determination of injurious subsidisation. The Commission based the determination of the Union interest on an analysis of all the various interests involved, including those of the Union industry, importers and consumers.</p></td></tr></tbody></table> 7.1. Interest of the Union industry <table><col/><col/><tbody><tr><td><p>(382)</p></td><td><p>Biodiesel is an important element of an effort to reduce greenhouse gas emissions and improve the sustainability of the energy supply in the European Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(383)</p></td><td><p>The Union industry mainly uses feedstock produced by Union agriculture. The upstream agricultural oil sector also largely depends on the biodiesel industry. Imports of biodiesel from Indonesia would therefore not only affect the biodiesel industry, but also the agricultural sector in the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(384)</p></td><td><p>The Commission found that the situation of the Union industry is fragile since it has not recovered from the dumping previously suffered. The Commission therefore provisionally concluded that the imposition of measures would be in the interest of the Union industry.</p></td></tr></tbody></table> 7.2. Interest of unrelated importers <table><col/><col/><tbody><tr><td><p>(385)</p></td><td><p>As referred to in recital (22), only two unrelated importers replied to the questionnaire sent by the Commission. Both importers stated that they are against the imposition of measures.&#160;The importer Gunvor further commented that the situation of the Union industry is caused by an inefficient production system and management.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(386)</p></td><td><p>The Commission observes that importers of biodiesel, including the two co-operating companies, are very often traders on the Union market that not only import and export biodiesel worldwide, but also trade biodiesel purchased from Union producers.&#160;Both co-operating importers purchase biodiesel from Indonesia, other third countries and the Union industry. They therefore only to a certain extent depend on supplies from Indonesia for their business operations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(387)</p></td><td><p>However, the Union producers, especially the larger ones, rely to a significant extent on their own distribution channels.&#160;The Commission therefore does not expect the importers would be able to fully replace the level of imports affected by measures with biodiesel purchased from Union producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(388)</p></td><td><p>The Commission concluded that the imposition of duties would not be in the interest of importers.&#160;The possible negative effect on importers can however partially be balanced by the increased volume of trade of biodiesel purchased from the Union industry.</p></td></tr></tbody></table> 7.3. Interest of users/consumers <table><col/><col/><tbody><tr><td><p>(389)</p></td><td><p>No users or consumers cooperated with the investigation despite the explicit invitation to do so in the Notice of Initiation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(390)</p></td><td><p>Producers of diesel fuel, that is refineries, purchase the biodiesel, imported or produced by the Union industry. Due to the legal requirements referred to in recitals (273) and (274), refineries need to add biodiesel to the mineral diesel sold on the market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(391)</p></td><td><p>It is therefore the final consumer that would be affected should the price of diesel at the pump increase following imposition of measures.&#160;The price of mineral diesel is, with rare exemptions, lower than price of biodiesel. Given that the amount of biodiesel blended with mineral diesel is normally no more than 10&#160;%, the negative effect of any price increase of biodiesel is diluted before being passed on to the consumer.</p></td></tr></tbody></table> 7.4. Trade-distorting effects of subsidies/restoring effective competition <table><col/><col/><tbody><tr><td><p>(392)</p></td><td><p>Under Article 31(1) of the basic Regulation, special consideration shall be given to the need to eliminate the trade-distorting effects of injurious subsidisation and to restore effective competition.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(393)</p></td><td><p>The investigation has established that the Indonesian producers sell significant quantities of subsidised biodiesel at artificially low prices to the Union market. If this situation continues, the Indonesian exporters will maintain their unfair competitive advantage, further weakening the already vulnerable situation of the Union industry. As a result, the subsidised Indonesian imports will increase their trade-distorting effects over time, and continue to deny a level playing field to the Union industry.</p></td></tr></tbody></table> 7.5. Conclusion on Union interest <table><col/><col/><tbody><tr><td><p>(394)</p></td><td><p>The Commission provisionally concluded that the imposition of duties would have an effect of increasing consumer prices.&#160;However, because of the limited content of biodiesel in the final product purchased by consumers (typically no more than 10&#160;%), this negative effect on the price of diesel fuel would only be a small proportion of the direct change in the price of biodiesel.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(395)</p></td><td><p>On the basis of the above, the Commission provisionally concluded that there were no compelling reasons that it was not in the Union interest to impose countervailing measures corresponding to the total amount of countervailable subsidies on imports of biodiesel originating in Indonesia.</p></td></tr></tbody></table> 8. REGISTRATION <table><col/><col/><tbody><tr><td><p>(396)</p></td><td><p>On 22&#160;May 2019 the complainants submitted a request for imports from Indonesia to be registered, under Article 24(5) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(397)</p></td><td><p>The complainants requested registration on the grounds of:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Evidence of massive subsidisation of the Indonesian biodiesel industry;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>an actual and significant risk of severe injury that would be difficult to repair if the imports continue to increase with the same trends; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>a need to register imports as soon as possible in order to preclude the recurrence of injury due to the seasonality of imports.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(398)</p></td><td><p>The Commission examined the request in the light of Article 16(4) of the basic Regulation which sets out the conditions for collecting duties on registered imports.&#160;The Commission's examination also took into account comments received on the request for registration from the GOI, from the importer Gunvor and from the Wilmar group of exporting producers.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(399)</p></td><td><p>Article 16(4)(c) of the basic Regulation requires the Commission to consider whether there is sufficient evidence that there will be critical circumstances where, for the product concerned, injury which is difficult to repair is caused by massive imports in a relatively short period of a product benefitting from countervailable subsidies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(400)</p></td><td><p>In addition, Article 16(4)(d) of the basic Regulation requires the Commission to assess whether &#8216;it is deemed necessary, in order to preclude the recurrence of such injury, to assess countervailing duties retroactively on those imports&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(401)</p></td><td><p>As explained in section 4 above, the Commission did not conclude that the Union industry suffered from material injury during the investigation period. Rather, as explained in sections 5 and 6 above, the Commission found that there is a threat of injury caused by the subsidised imports.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(402)</p></td><td><p>Consequently, the Commission could not determine that injury difficult to repair is caused by the subsidised imports in the sense of Article 16(4)(c) of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(403)</p></td><td><p>The Commission therefore concluded that the conditions for registration were not met.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(404)</p></td><td><p>Since the Commission had sufficient evidence that the requirement under Article 16(4)(c) is not met, the Commission did not register imports of biodiesel from Indonesia for the three week pre-disclosure period under Article 24(5a) of the basic Regulation.</p></td></tr></tbody></table> 9. PROVISIONAL COUNTERVAILING MEASURES <table><col/><col/><tbody><tr><td><p>(405)</p></td><td><p>Based on the conclusions reached by the Commission on subsidisation, injury, causation and Union interest, and in accordance with Article 15(1) of the basic Regulation, a provisional countervailing duty should be imposed on imports of biodiesel originating in Indonesia.</p></td></tr></tbody></table> 9.1. Provisional measures <table><col/><col/><tbody><tr><td><p>(406)</p></td><td><p>Provisional countervailing measures should be imposed on imports of biodiesel originating in Indonesia, in accordance with the rules in Article 12(1) of the basic Regulation which states that the provisional duty shall correspond to the total amount of countervailable subsidies as provisionally established.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(407)</p></td><td><p>On the basis of the above, the provisional countervailing duty rates, expressed on the CIF Union border price, customs duty unpaid, should be as follows:</p><table><col/><col/><tbody><tr><td><p>Company</p></td><td><p>Provisional countervailing duty</p></td></tr><tr><td><p>PT Ciliandra Perkasa</p></td><td><p>8,0 %</p></td></tr><tr><td><p>PT Intibenua Perkasatama and PT Musim Mas (Musim Mas Group)</p></td><td><p>16,3 %</p></td></tr><tr><td><p>PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo (Permata Group)</p></td><td><p>18,0 %</p></td></tr><tr><td><p>PT Wilmar Nabati Indonesia and PT Wilmar Bioenergi Indonesia (Wilmar Group)</p></td><td><p>15,7 %</p></td></tr><tr><td><p>All other companies</p></td><td><p>18,0 %</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(408)</p></td><td><p>The individual company countervailing duty rates specified in this Regulation were established on the basis of the findings of this investigation. Therefore, they reflected the situation found during this investigation with respect to these companies.&#160;These duty rates are exclusively applicable to imports of the product concerned originating in the country concerned and produced by the named legal entities.&#160;Imports of the product concerned produced by any other company not specifically mentioned in the operative part of this Regulation, including entities related to those specifically mentioned, should be subject to the duty rate applicable to &#8216;all other companies&#8217;. They should not be subject to any of the individual countervailing duty rates.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(409)</p></td><td><p>A company may request the application of these individual countervailing duty rates if it changes subsequently the name of its entity. The request must be addressed to the Commission&#160;<a>(<span>66</span>)</a>. The request must contain all the relevant information enabling to demonstrate that the change does not affect the right of the company to benefit from the duty rate which applies to it. If the change of name of the company does not affect its right to benefit from the duty rate which applies to it, a notice informing about the change of name will be published in the<span>Official Journal of the European Union</span>.</p></td></tr></tbody></table> 10. INFORMATION AT PROVISIONAL STAGE <table><col/><col/><tbody><tr><td><p>(410)</p></td><td><p>In accordance with Article 29a of the basic Regulation, the Commission informed interested parties about the planned imposition of provisional duties.&#160;This information was also made available to the general public via DG TRADE's website. Interested parties were given three working days to provide comments on the accuracy of the calculations specifically disclosed to them.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(411)</p></td><td><p>Comments were received from the Wilmar Group, the Permata Group and P.T. Ciliandra Perkasa. The Commission took the comments into account that were considered of a clerical nature and corrected the rates accordingly.</p></td></tr></tbody></table> 11. FINAL PROVISIONS <table><col/><col/><tbody><tr><td><p>(412)</p></td><td><p>In the interests of sound administration, the Commission will invite the interested parties to submit written comments and/or to request a hearing with the Commission and/or the Hearing Officer in trade proceedings within a fixed deadline.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(413)</p></td><td><p>The findings concerning the imposition of provisional duties are provisional and may be amended at the definitive stage of the investigation,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 1. A provisional countervailing duty is imposed on imports of fatty-acid mono-alkyl esters and/or paraffinic gasoils obtained from synthesis and/or hydro-treatment, of non-fossil origin, in pure form or as included in a blend, currently falling within CN codes ex 1516 20 98 (TARIC codes 1516209821, 1516209829 and 1516209830), ex 1518 00 91 (TARIC codes 1518009121, 1518009129 and 1518009130), ex 1518 00 95 (TARIC code 1518009510), ex 1518 00 99 (TARIC codes 1518009921, 1518009929 and 1518009930), ex 2710 19 43 (TARIC codes 2710194321, 2710194329 and 2710194330), ex 2710 19 46 (TARIC codes 2710194621, 2710194629 and 2710194630), ex 2710 19 47 (TARIC codes 2710194721, 2710194729 and 2710194730), 2710 20 11, 2710 20 15, 2710 20 17, ex 3824 99 92 (TARIC codes 3824999210, 3824999212 and 3824999220), 3826 00 10 and ex 3826 00 90 (TARIC codes 3826009011, 3826009019 and 3826009030) and originating in Indonesia. 2. The rates of the provisional countervailing duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below shall be as follows: <table><col/><col/><col/><tbody><tr><td><p>Company</p></td><td><p>Provisional countervailing duty</p></td><td><p>TARIC additional code</p></td></tr><tr><td><p>PT Ciliandra Perkasa</p></td><td><p>8,0 %</p></td><td><p>B786</p></td></tr><tr><td><p>PT Intibenua Perkasatama and PT Musim Mas (Musim Mas Group)</p></td><td><p>16,3 %</p></td><td><p>B787</p></td></tr><tr><td><p>PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo (Permata Group)</p></td><td><p>18,0 %</p></td><td><p>B788</p></td></tr><tr><td><p>PT Wilmar Nabati Indonesia and PT Wilmar Bioenergi Indonesia (Wilmar Group)</p></td><td><p>15,7 %</p></td><td><p>B789</p></td></tr><tr><td><p>All other companies</p></td><td><p>18,0 %</p></td><td><p>C999</p></td></tr></tbody></table> 3. The release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty. 4. Unless otherwise specified, the provisions in force concerning customs duties shall apply. Article 2 1. Interested parties shall submit their written comments on this regulation to the Commission within 15 calendar days of the date of entry into force of this Regulation. 2. Interested parties wishing to request a hearing with the Commission shall do so within 5 calendar days of the date of entry into force of this Regulation. 3. Interested parties wishing to request a hearing with the Hearing Officer in trade proceedings shall do so within 5 calendar days of the date of entry into force of this Regulation. The Hearing Officer shall examine requests submitted outside this time limit and may decide whether to accept such requests if appropriate. Article 3 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . Article 1 shall apply for a period of four months. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 August 2019. For the Commission The President Jean-Claude JUNCKER <note> ( 1 ) OJ L 176, 30.6.2016, p. 55 . ( 2 ) OJ C 439, 6.12.2018, p. 16 . ( 3 ) In this Regulation, mineral diesel refers to a fossil-based, conventional diesel. ( 4 ) The verification of the unrelated importer, based in Switzerland, was conducted with regard to imports into the EU. ( 5 ) MOPS (short for the Mean of Platts Singapore) is the average of a set of Singapore-based oil product price assessments published by S&P Global Platts. ( 6 ) Appellate Body Report, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China , WT/DS379/AB, 11 March 2011, para. 317. See also Appellate Body Report, United States – Countervailing Duty Measures on Certain Products from China, WT/DS437/AB/RW, adopted 16 July 2019, para. 5.96. ( 7 ) Pursuant to Article 13 of Regulation of the Minister of Energy and Mineral Resources 26/2006, the biodiesel producer shall enclose to the invoice the following documentation: (i) copy of Decision of the Directorate General of New Renewable Energy and Energy Conservation (‘EBTKE’) on behalf of the Minister that the company is allowed to participate in the procurement of biodiesel and the respective volume allocation of biodiesel based on the capacity of the respective producers; (ii) copy of contract for procurement of biodiesel between Pertamina and the relevant biodiesel producer; (iii) certificate signed by Pertamina and the relevant biodiesel producer, stamped by the GOI and including information about the place of delivery, the volume and type of biodiesel provided/distributed, and the amount of transport fees; and (iv) copy of the agreement between the Fund Management Agency and the relevant biodiesel producer. ( 8 ) Appellate Body Report, United States – Definitive Anti-Dumping and Countervailing Duties on Certain Products from China, WT/DS379/AB/R, adopted 25 March 2011, DSR 2011:V, p. 2869, paras. 284 and 309. ( 9 ) Appellate Body Report, United States – Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada – Recourse by Canada to Article 21.5 of the DSU, WT/DS257/AB/RW, adopted 20 December 2005, DSR 2005:XXIII, p. 11357, para. 52. ( 10 ) See Appellate Body Reports, Canada – Certain Measures Affecting the Renewable Energy Generation Sector/Canada – Measures Relating to the Feed-in Tariff Program, WT/DS412/AB/R / WT/DS426/AB/R, adopted 24 May 2013, DSR 2013:I, p. 7, paras. 5.119 and 5.120. ( 11 ) Panel Report, United States – Subsidies on Upland Cotton, WT/DS267/R, Add.1 to Add.3 and Corr.1, adopted 21 March 2005, as modified by Appellate Body Report WT/DS267/AB/R, DSR 2005:II, p. 299, para. 7.1116. ( 12 ) WT/DS316/R of 30 June 2010, EC and certain Member States – Measure Affecting Trade In Large Civil Aircrafts , para 7.494. ( 13 ) WT/DS316/R of 30 June 2010, EC and certain Member States – Measure Affecting Trade In Large Civil Aircrafts , para 7.495. ( 14 ) According to recent data from the Indonesian central bank, no single economic activity accrues for more than 20 % of the Indonesian GDP. Sources at https://www.bi.go.id/en/iru/economic-data/real-sector/Contents/Default.aspx., accessed on 17.7.2019. ( 15 ) For a similar analysis, see Commission Implementing Regulation (EU) 2016/387 of 17 March 2016 imposing a definitive countervailing duty on imports of tubes and pipes of ductile cast iron (also known as spheroidal graphite cast iron), originating in India ( OJ L 73, 18.3.2016, p. 1 ). ( 16 ) Panel Report, US – Export Restraints (WT/DS194/R), circulated on 29 June 2001, para. 8.29. ( 17 ) WT/DS296/AB/R of 27 June 2005, United States – Countervailing Duty Investigation on Dynamic Random Access Memory Semiconductors (DRAMs) from Korea, para 110 and 111. WT/DS299/R of 17 June 2005, European Communities – Countervailing Measures on Dynamic Random Access Memory Chips from Korea, para 7.25 adopted a similar approach. ( 18 ) WT/DS296/AB/R of 27 June 2005, United States – Countervailing Duty Investigation on Dynamic Random Access Memory Semiconductors (DRAMs) from Korea, para 7.38. ( 19 ) Panel Report, US – Export Restraints (WT/DS194/R), circulated on 29 June 2001, paras. 8.33-8.34. ( 20 ) Panel Report, US – Export Restraints , paras. 8.29-8.31. ( 21 ) Appellate Body Report, US –DRAMS (WT/DS296/AB/R) , circulated 27 June 2005, para. 116. ( 22 ) Appellate Body Report, US –DRAMS , para. 115. ( 23 ) Appellate Body Report, US – DRAMs , para. 112. ( 24 ) See Panel Report, Korea – Commercial Vessels (WT/DS273/R), circulated on 7 May 2005, para. 7.373. ( 25 ) Appellate Body Report, US – DRAMS (WT/DS296/A/R), para. 114. ( 26 ) Appellate Body Report, US –DRAMS (WT/DS296/A/R), para. 124. ( 27 ) US Decision Memorandum for the Preliminary Affirmative Determination of the Countervailing duty Investigation of Biodiesel from the Republic of Indonesia; August 21, 2017, C-560-831 Investigation, p. 15, footnote 95. ( 28 ) See for a similar conclusion, idem, p. 15. ( 29 ) Customs and Excise News Magazine, Volume 47, No. 9, September 2015. ( 30 ) Export taxes and other restrictions on raw material and their limitation through free trade agreements: Impact on developing countries, 2016. ( 31 ) Similarly, see judgement of the General Court of 10 April 2019, T-300/16, Jindal Saw, ECLI:EU:T:2019:235, para. 117. ( 32 ) WT/DS379/AB/R (US – Anti-Dumping and Countervailing Duties on Certain Products from China), Appellate Body Report of 11 March 2011, DS 379, paragraph 318. See also WT/DS436/AB/R (US — Carbon Steel (India)), Appellate Body Report of 8 December 2014, paragraphs 4.9 - 4.10, 4.17 – 4.20 and WT/DS437/AB/R (United States – Countervailing Duty Measures on Certain Products from China) Appellate Body Report of 18 December 2014, paragraph 4.92; and Appellate Body Report, United States – Countervailing Duty Measures on Certain Products from China, WT/DS437/AB/RW, adopted 16 July 2019, para. 5.96. ( 33 ) https://www.asianagri.com/en/medias/media/press-release/indonesian-oil-palm-estate-fund-agency-bpdpks-handed-the-idr-6-75-billion-of-replanting-fund-to-asian-agri-s-smallholders ( 34 ) https://www.reuters.com/article/us-indonesia-palmoil/palm-oil-watchdog-to-create-separate-standards-for-smallholders-indonesia-director-idUSKCN1SU1DL ( 35 ) https://www.theborneopost.com/2018/11/18/indonesia-boosts-domestic-palm-oil-consumption-as-currency-pressures-mount/ ( 36 ) See Panel Report, United States – Countervailing Duty Investigation on Dynamic Random Access Memory Semiconductors (Drams) from Korea , WT/DS296, 21 February 2005, footnote 57 (‘[W]e consider that the reference to functions “normally vested in the government” should also be understood to mean functions of taxation and revenue expenditure. (…) To the extent that loans and restructuring measures involve taxation or revenue expenditure, they are capable of falling within the scope of that provision’). ( 37 ) Appellate Body Report, United States – Final Countervailing Duty Determination with Respect to Certain Softwood Lumber from Canada , WT/DS257/AB/R, adopted 17 February 2004, DSR 2004:II, p. 571, para. 52. ( 38 ) Appellate Body Report, United States – Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany , WT/DS213/AB/R and Corr.1, adopted 19 December 2002, DSR 2002:IX, p. 3779, para. 73, footnote 65. ( 39 ) See Opinion of AG Van Gerven of 7 March 1989, Fediol v Commission , C-70/87, ECLI:EU:C:1989:110, footnote 33. ( 40 ) Oxford English Dictionary online, entries I.5.b and I.10. ( 41 ) GATT Panel on Subsidies and State Trading, Report on Subsidies, L/1160, 23 March 1960 (The panel agreed that ‘a system under which a government, by direct or indirect methods, maintains such a price by purchases and resale at a loss is a subsidy’). ( 42 ) Oxford English Dictionary online, entry I.3.b. ( 43 ) SCM Agreement, Article 15.4 (‘…whether there has been an increased burden on government support programmes’); see also Agreement on Agriculture, Article 6 and Annexes II and III (‘domestic support’). ( 44 ) Panel Report, China – Countervailing and Anti-Dumping Duties on Grain Oriented Flat-Rolled Electrical Steel from the United States , WT/DS414/R and Add.1, adopted 16 November 2012, upheld by Appellate Body Report WT/DS414/AB/R, DSR 2012:XII, p. 6369, para. 7.86. ( 45 ) ‘Potential’ effects refer to those effects which naturally follow from the overall architecture, design and structure of the measure, without the need of ‘observed’ or actual effects on the market. ( 46 ) https://www.reuters.com/article/us-indonesia-biodiesel/indonesia-to-make-biodiesel-use-compulsory-from-september-1-official-idUSKBN1KM4WK, accessed on 17.7.2019. ( 47 ) https://www.reuters.com/article/us-indonesia-biodiesel/indonesia-bets-big-on-biodiesel-to-limit-costs-of-oil-imports-idUSKBN1KS0CC, accessed on 17.7.2019. ( 48 ) https://www.biofuelsdigest.com/bdigest/2019/01/08/indonesia-wants-to-push-for-power-production-from-palm-oil-biodiesel/, accessed on 17.7.2019. ( 49 ) https://www.ofimagazine.com/news/indonesian-biodiesel-production-could-grow-by-40, accessed on 17.7.2019. ( 50 ) https://jakartaglobe.id/context/indonesia-oil-palm-estate-fund-adequate-to-support-b20-biodiesel-policy/, accessed on 17.7.2019. ( 51 ) Blending mandate enacted pursuant to Ministry of Energy and Mineral Resources regulation 12/2015. ( 52 ) See WT/DS436/AB/R United States – Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products From India, 8 December 2014, para. 4.244. ( 53 ) Appellate Body Reports, Brazil – Certain Measures Concerning Taxation and Charges , WT/DS472/AB/R and Add.1/WT/DS497/AB/R and Add.1, adopted 11 January 2019, paras. 5.212 – 5.221. ( 54 ) Panel Reports, Brazil – Certain Measures Concerning Taxation and Charges , WT/DS472/R, Add.1 and Corr.1/WT/DS497/R, Add.1 and Corr.1, adopted 11 January 2019, as modified by Appellate Body Reports WT/DS472/AB/R / WT/DS497/AB/R, paras. 7.491 – 7.494. ( 55 ) 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 ( OJ L 140, 5.6.2009, p. 16 ). ( 56 ) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources ( OJ L 328, 21.12.2018, p. 82 ). ( 57 ) Database of specific products under ‘surveillance’ or monitoring imported into the Union customs territory maintained by the Directorate-General for Taxation and Customs Union. ( 58 ) Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia ( OJ L 315, 26.11.2013, p. 2 ). ( 59 ) On 15 September 2016, the General Court of the European Union (‘the General Court’) delivered judgments in cases T-80/14, T-111/14 to T-121/14 (5) and T-139/14 (6) (‘the judgments’) annulling Articles 1 and 2 of the definitive Regulation to the extent that they apply to the applicants in those cases (‘the exporting producers concerned’). The Council of the European Union had initially appealed the judgments. However, following the Council's decision to withdraw its appeals, the cases were removed from the European Court of Justice's Register on 2 and 5 March 2018 (Orders of the President of the Court of 15 February 2018 in Joined Cases C-602/16 P and C-607/16 P to C-609/16 P, and of 16 February 2018 in cases C-603/16 P to C-606/16 P). Consequently, the judgments became definitive and binding as from the date of their delivery. ( 60 ) WT/DS480/R European Union - Anti-Dumping Measures on Biodiesel from Indonesia, para 7.152 ( 61 ) WT/DS480/R European Union - Anti-Dumping Measures on Biodiesel from Indonesia, paras 7.143-7.161. ( 62 ) WT/DS480/R European Union - Anti-Dumping Measures on Biodiesel from Indonesia, para 7.160. ( 63 ) In WT/DS480/R, para 7.160 Indonesia argued that a comparison between Indonesian imports and blended CFFP 0 biodiesel sold by the Union industry representing 37 % of all Union sales was insufficient. Indonesia further argued that the Commission should have compared the sales prices of the remaining 63 % of the Union sales. This comparison, like the price difference referred to in recital (284), confirms that there is significant undercutting during the IP. ( 64 ) Commission Implementing Regulation (EU) 2019/244 of 11 February 2019 imposing a definitive countervailing duty on imports of biodiesel originating in Argentina ( OJ L 40, 12.2.2019, p. 1 ). ( 65 ) Commission Implementing Decision (EU) 2019/245 of 11 February 2019 accepting undertaking offers following the imposition of definitive countervailing duties on imports of biodiesel originating in Argentina ( OJ L 40, 12.2.2019, p. 71 ). ( 66 ) European Commission, Directorate-General for Trade, Directorate H, Rue de la Loi 170, 1040 Brussels, Belgium. </note>
ENG
32019R1344
<table><col/><col/><col/><tbody><tr><td><img/></td><td><p>Official Journal<br/>of the European Union</p></td><td><p>EN</p><p>Series L</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2023/2426</p></td><td><p>6.11.2023</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2023/2426 of 23 October 2023 on the position to be taken on behalf of the European Union at the fifth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of a decision establishing thresholds for mercury-contaminated waste in accordance with that Convention THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof, Having regard to the proposal from the European Commission, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Minamata Convention on Mercury (the &#8216;Convention&#8217;) was concluded by the Union by Council Decision (EU)&#160;2017/939&#160;<a>(<span>1</span>)</a> and entered into force on 16&#160;August 2017.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Pursuant to Decision MC-1/1 on Rules of Procedures, adopted by the Conference of the Parties to the Convention (&#8216;COP&#8217;) at its first meeting on 24&#8211;29&#160;September 2017, the Parties to the Convention (the &#8216;Parties&#8217;) are to make every effort to reach agreement on all matters of substance by consensus.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The COP, during its third meeting on 25&#8211;29&#160;November 2019, adopted Decision MC-3/5 on thresholds for waste consisting of or containing mercury or mercury compounds, as referred to in Article&#160;11(2), points (a) and (b), of the Convention, and requested that the group of technical experts established by the COP at its second meeting on 19&#8211;23&#160;November 2018 develop thresholds for waste contaminated with mercury or mercury compounds referred to in Article&#160;11(2), point (c), of the Convention (&#8216;mercury-contaminated waste&#8217;), including for tailings from mining other than primary mercury mining.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The COP, during the second segment of its fourth meeting on 21&#8211;25&#160;March 2022, was not able to adopt a decision on thresholds for mercury-contaminated waste. Rather, Decision MC-4/6 requested that the group of technical experts continue its work primarily by electronic means and that it hold one face-to-face meeting of sufficient duration to address mercury-contaminated waste, subject to the availability of resources, and that it report on its work to the COP at its fifth meeting to be held from 30 October to 3&#160;November 2023.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>It is appropriate to establish the position to be taken on the Union&#8217;s behalf at the fifth meeting of the COP, as the proposed decision establishing thresholds for mercury-contaminated waste, if adopted, will have legal effects, since the Parties will have to take measures to implement it at national or regional level.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The Union contributed significantly to the development of the waste provisions of the Convention and to the intersessional expert work that was launched by Decision MC-3/5 and that led to the recommendations. The Union<span>acquis</span> requires that all mercury waste referred to in Article&#160;11(2) of the Convention, including mercury-contaminated waste, be managed without endangering human health and without harming the environment, irrespective of its mercury content.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The Union should only support the adoption of a decision by the COP that is consistent with the Union<span>acquis</span>,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The position to be taken on the Union’s behalf at the fifth meeting of the COP to the Minamata Convention on Mercury shall be to support the adoption of a decision establishing thresholds for mercury-contaminated waste that is consistent with the Union acquis . Article 2 This Decision shall enter into force on the date of its adoption. Done at Luxembourg, 23 October 2023. For the Council The President L. PLANAS PUCHADES ( 1 ) Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of the Minamata Convention on Mercury ( OJ L 142, 2.6.2017, p. 4 ). ELI: http://data.europa.eu/eli/dec/2023/2426/oj ISSN 1977-0677 (electronic edition)
ENG
32023D2426
<table><col/><col/><col/><col/><tbody><tr><td><p>13.5.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 138/57</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) No 484/2014 of 12 May 2014 laying down implementing technical standards with regard to the hypothetical capital of a central counterparty according to Regulation (EU) No 648/2012 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 648/2012 of 4 July 2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories ( 1 ) , and in particular the third subparagraph of Article 50a(4) and the third subparagraph of Article 50c(3) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council<a>&#160;(<span>2</span>)</a> institutions established in the Union are currently reporting their compliance with the own funds requirements on a quarterly basis. In order to minimise inconsistencies between the reference dates set for institutions and the dates set for central counterparties (CCPs) for the calculation and reporting of the information related to the hypothetical capital, the reference dates set for CCPs should cover at least the reference dates already set for institutions. However, a higher frequency of reporting of the information related to the hypothetical capital would also accommodate the fact that clearing members established in third countries can have different reporting dates. Furthermore, there might be large variations in own funds requirements and for them to have an updated view of those requirements, clearing members and their competent authorities might want to monitor those exposures more frequently than quarterly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>In normal situations, the reporting dates for CCPs should not be delayed by more than one week with respect to the date of calculation. A week provides CCPs with sufficient time in order to perform all the internal controls and complete the necessary approval process before reporting the required data. If a CCP develops a fully automated system the reporting date can be close to the calculation date. Currently, however, CCPs might not have the capability to complete the entire process within this time and might therefore need to develop their internal processes and infrastructures in order to be able to do so. Against this background, a transitional provision should be introduced to give CCPs sufficient time to develop the necessary internal processes and infrastructures and, at the same time, to start reporting the information related to the hypothetical capital to their clearing members.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Pursuant to Regulation (EU) No 648/2012 the losses following the default of a clearing member would, in the first instance, be covered by the initial margin and by the default fund contribution of the defaulting member itself. Where those prove to be insufficient, the losses are covered by the pre-funded financial resources that are contributed by CCPs to their respective default waterfalls and by the pre-funded default fund contributions of the non-defaulting members. During this period, the frequency of reporting should be increased in order to keep the other non-defaulting clearing members and the competent authorities updated on all the information related to the hypothetical capital needed to calculate the clearing members' own fund requirements. CCPs should have the technical capabilities and the internal processes in place in order to compute and deliver the information related to the hypothetical capital under those stress situations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Pursuant to Regulation (EU) No 648/2012, a CCP has to replenish its pre-funded own financial resources in the default waterfall within one month. For this reason, the frequencies of calculation and reporting in these situations should be higher than the norm. Daily reporting of the information related to hypothetical capital could be less meaningful because it might take time to establish the total size of the losses following the clearing member's default. Given that they may face a broad range of different scenarios, competent authorities should also have the option to request a higher frequency in periods of stress based on an assessment of the situation that should take into account the degree of actual or foreseen depletion of the pre-funded financial resources available to the CCP (both those contributed by the CCP itself and those contributed by clearing members). The higher frequency should apply until those resources are restored to levels required by the relevant legislation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The high frequency of reporting in periods of stress can be very demanding given the newly introduced reporting requirement. This may pose challenges as regards the technical implementation for at least some CCPs. To mitigate this, it is appropriate to have a later date of application for the requirements of higher frequency of reporting. That will allow CCPs to improve their internal processes and upgrade their systems.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The provisions in this Regulation are closely linked, since they deal with the calculation and reporting of the hypothetical capital of a CCP. 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 all the relevant implementing technical standards required by Regulation (EU) No&#160;648/2012 in a single Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>This Regulation is based on the draft implementing technical standards submitted by the European Banking Authority to the Commission.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The European Banking Authority 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&#160;1093/2010 of the European Parliament and of the Council<a>&#160;(<span>3</span>)</a>,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Frequency and dates of the calculation required by Article 50a(3) of Regulation (EU) No 648/2012 1. The frequency of the calculation specified in Article 50a(3) of Regulation (EU) No 648/2012 shall be monthly except where the discretion provided for in Article 3(1) of this Regulation is exercised, in which case the frequency shall be either weekly or daily. 2. Where the frequency of the calculation referred to in paragraph 1 is monthly, the CCP shall apply both of the following: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the reference days for that calculation shall be as follows:</p><p>January 31, February 28 (or February 29 in a leap year), March 31, April 30, May 31, June 30, July 31, August 31, September 30, October 31, November 30, December 31;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the day on which the CCP shall undertake that calculation (day of calculation) shall be respectively:</p><p>February 1, March 1, April 1, May 1, June 1, July 1, August 1, September 1, October 1, November 1, December 1, January 1.</p></td></tr></tbody></table> 3. Where the frequency referred to in paragraph 1 is weekly or daily, the day of the first calculation shall fall on the day following the day of the request of the competent authority. The first reference day shall be the day of the request of the competent authority. For the subsequent calculations the reference day shall be the day before the day of calculation. In case of weekly calculation, the time span between the days of calculation shall be 5 working days. 4. Where the day of calculation is a public holiday, Saturday or Sunday, the calculation shall be carried out on the following working day. Article 2 Frequency, dates and uniform format of the reporting required by Articles 50c(2) and 89(5a) of Regulation (EU) No 648/2012 1. The frequency of the reporting required by Article 50c(2) of Regulation (EU) No 648/2012 and, where applicable, by the third subparagraph of Article 89(5a) of Regulation (EU) No 648/2012 shall be monthly, except where the discretion provided for in Article 3(1) of this Regulation is exercised, in which case the frequency shall be either weekly or daily. 2. Where the frequency of the reporting in accordance with paragraph 1 is monthly, the reporting date shall fall within five working days from the day of calculation set in Article 1, or earlier where possible. 3. Where the frequency of the reporting referred to in paragraph 1 is daily or weekly, the reporting date shall be the day following the day of calculation. 4. Where the reporting date is a public holiday, Saturday or Sunday, the reporting date shall be the following working day. 5. CCPs shall report the information referred to in paragraph 1 using the template set out in Annex I (Information related to hypothetical capital) completed in accordance with the instructions set out in Annex II (Instructions for reporting of information related to hypothetical capital). Article 3 Conditions for higher frequencies of calculation and reporting in accordance with Article 50a(3) and Article 50c(2) of Regulation (EU) No 648/2012 1. Competent authorities of an institution acting as a clearing member may require any CCP in which that institution acts as a clearing member to undertake the calculation referred to in Article 1(1) and the reporting referred to in Article 2(1) with either a daily or a weekly frequency in either of the following situations: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>where, following the default of one clearing member, a CCP is obliged to use any portion of the pre-funded financial resources that it contributed to the default waterfall in accordance with Article 43 of Regulation (EU) No 648/2012;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>where, following the default of one clearing member a CCP is obliged to make use of the default fund contributions of non-defaulting clearing members in accordance with Article 42 of Regulation (EU) No 648/2012.</p></td></tr></tbody></table> 2. Competent authorities shall base the choice between daily and weekly frequency as provided for in paragraph 1 on the degree of actual or foreseen depletion of the pre-funded financial resources. 3. Where competent authorities require a higher frequency of calculation and reporting from a CCP in accordance with point (a) of paragraph 1, the higher frequency shall apply until the pre-funded financial resources that were contributed by the CCP to the default waterfall are restored at the levels set in Article 35 of Commission Delegated Regulation (EU) No 153/2013 ( 4 ) . 4. Where competent authorities require a higher frequency of calculation and reporting from a CCP in accordance with point (b) of paragraph 1, the higher frequency shall apply until the default fund contributions of the non-defaulting members of the CCP are restored to the levels set out in Article 42 of Regulation (EU) No 648/2012. Article 4 Transitional provision By way of derogation from Article 2(2), during the period from the date of application of this Regulation until 31 December 2014, CCPs shall report the information referred to in that paragraph at the latest by fifteen working days after the reference day, or earlier where possible. Article 5 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 2 June 2014, except for Article 1(3), Article 2(3) and Article 3, which shall apply from 1 January 2015. 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 201, 27.7.2012, p. 1 . ( 2 ) 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 ). ( 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 ). ( 4 ) Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on requirements for central counterparties ( OJ L 52, 23.2.2013, p. 41 ). ANNEX I Informationrelated to hypothetical capital <table><col/><col/><col/><col/><tbody><tr><td><p>ID</p></td><td><p>Item</p></td><td><p>Legal references</p></td><td><p>Amount</p></td></tr><tr><td><p>10</p></td><td><p>Central Counterparty</p></td><td><p>&#8212;</p></td><td><p>&#160;</p></td></tr><tr><td><p>20</p></td><td><p>Default fund identifier</p></td><td><p>Art. 50c(1), Regulation (EU) 648/2012</p></td><td><p>&#160;</p></td></tr><tr><td><p>30</p></td><td><p>Calculation date</p></td><td><p>Art. 1(2), Commission Implementing Regulation (EU) No 484/2014</p></td><td><p>&#160;</p></td></tr><tr><td><p>40</p></td><td><p>Hypothetical capital (K<span>CCP</span>)</p></td><td><p>Art. 50c(1)(a), Regulation (EU) 648/2012</p></td><td><p>&#160;</p></td></tr><tr><td><p>50</p></td><td><p>Sum of pre-funded contributions (DF<span>CM</span>)</p></td><td><p>Art. 50c(1)(b), Regulation (EU) 648/2012</p></td><td><p>&#160;</p></td></tr><tr><td><p>60</p></td><td><p>Amount of pre-funded financial resources that it is required to use before using the default fund contributions of the remaining clearing members (DF<span>CCP</span>)</p></td><td><p>Art. 50c(1)(c), Regulation (EU) 648/2012</p></td><td><p>&#160;</p></td></tr><tr><td><p>70</p></td><td><p>Total number of clearing members (N)</p></td><td><p>Art. 50c(1)(d), Regulation (EU) 648/2012</p></td><td><p>&#160;</p></td></tr><tr><td><p>80</p></td><td><p>Concentration factor (&#946;)</p></td><td><p>Art. 50c(1)(e), Regulation (EU) 648/2012</p></td><td><p>&#160;</p></td></tr><tr><td><p>90</p></td><td><p>Total amount of initial margin</p></td><td><p>Art. 89(5a) third subparagraph, Regulation (EU) 648/2012</p></td><td><p>&#160;</p></td></tr></tbody></table> ANNEX II Instructions for reporting information related to hypothetical capital 1. This Annex contains additional instructions for the table provided in Annex I. GENERAL INSTRUCTIONS 2. Frequency 2.1. Reporting of the template shall be submitted with the frequency set out in Article 1 of this Regulation. 3. Remittance dates 3.1. The remittance dates are set out in Article 2. TEMPLATE RELATED INSTRUCTIONS 4. Sign convention 4.1. All amounts shall be reported as positive figures. 4.2. The following formats and legal references shall be taken into account for completing the templates: <table><col/><col/><col/><tbody><tr><td><p>Template ID</p></td><td><p>Instructions</p></td></tr><tr><td><p>10</p></td><td><p><span>Central counterparty (CCP) name</span></p></td></tr><tr><td><p>Format</p></td><td><p>Text, any number of characters</p></td></tr><tr><td><p>20</p></td><td><p><span>Default fund identifier</span></p></td></tr><tr><td><p>Legal references</p></td><td><p>Article 50c(1) of Regulation (EU) No 648/2012</p></td></tr><tr><td><p>Instruction</p></td><td><p>In accordance with Article 50c(1) where the CCP has more than one default fund, it shall report the information in the first subparagraph of that Article for each default fund separately.</p></td></tr><tr><td><p>Format</p></td><td><p>Text, any number of characters</p></td></tr><tr><td><p>Calculation</p></td><td><p>None</p></td></tr><tr><td><p>30</p></td><td><p><span>Calculation date</span></p></td></tr><tr><td><p>Legal references</p></td><td><p>Article 1(2) of this Regulation</p></td></tr><tr><td><p>Note</p></td><td><p>Calculation date in accordance with Article 1(2) of this Regulation depending on the required frequency.</p></td></tr><tr><td><p>Format</p></td><td><p>YYYY-MM-DD</p><p>Four-digit year, hyphen, two-digit month, hyphen, two-digit day</p></td></tr><tr><td><p>Calculation</p></td><td><p>None</p></td></tr><tr><td><p>40</p></td><td><p><span>Hypothetical capital (K<span>CCP</span>)</span></p></td></tr><tr><td><p>Legal references</p></td><td><p>Article 50c(1)(a) of Regulation (EU) No 648/2012</p></td></tr><tr><td><p>Instructions</p></td><td><p>The reporting currency shall be identified using ISO 4217 currency code followed by a space and the amount. Figures can be rounded with a rounding error smaller than 1 %.</p></td></tr><tr><td><p>Format</p></td><td><p>ISO-Code amount</p></td></tr><tr><td><p>Calculation</p></td><td><p>The hypothetical capital shall be calculated as required in Article 50a(2) of Regulation (EU) No 648/2012.</p></td></tr><tr><td><p>50</p></td><td><p><span>Sum of pre-funded contributions (DF<span>CM</span>)</span></p></td></tr><tr><td><p>Legal references</p></td><td><p>Article 50c(1)(b) of Regulation (EU) No 648/2012.</p></td></tr><tr><td><p>Calculation</p></td><td><p>The pre-funded contributions shall be calculated as the sum of the pre-funded contribution of clearing member as required in Article 308(2) of Regulation (EU) No 575/2013.</p></td></tr><tr><td><p>Instructions</p></td><td><p>The reporting currency shall be identified using ISO 4217 currency code followed by a space and the amount. Figures can be rounded with a rounding error smaller than 1 %.</p></td></tr><tr><td><p>Format</p></td><td><p>ISO-Code amount</p></td></tr><tr><td><p>60</p></td><td><p><span>Amount of pre-funded financial resources that it is required to use before using the default fund contributions of the remaining clearing members (DF<span>CCP</span>)</span></p></td></tr><tr><td><p>Legal references</p></td><td><p>Article 50c(1)(c) of Regulation (EU) No 648/2012</p></td></tr><tr><td><p>Calculation</p></td><td><p>The sum of pre-funded contributions of all clearing members of the CCP shall be calculated as required in Article 308(3)(c) of Regulation (EU) No&#160;575/2013.</p></td></tr><tr><td><p>Instructions</p></td><td><p>The reporting currency shall be identified using ISO 4217 currency code followed by a space and the amount. Figures can be rounded with a rounding error smaller than 1 %.</p></td></tr><tr><td><p>Format</p></td><td><p>ISO-Code amount</p></td></tr><tr><td><p>70</p></td><td><p><span>Total number of clearing members (N)</span></p></td></tr><tr><td><p>Legal references</p></td><td><p>Article 50c(1)(d) of Regulation (EU) No 648/2012</p></td></tr><tr><td><p>Calculation</p></td><td><p>The number of the clearing members of the CCP.</p></td></tr><tr><td><p>Format</p></td><td><p>Integer number</p></td></tr><tr><td><p>80</p></td><td><p><span>Concentration factor (&#946;)</span></p></td></tr><tr><td><p>Legal references</p></td><td><p>Article 50c(1)(e) of Regulation (EU) No 648/2012</p></td></tr><tr><td><p>Calculation</p></td><td><p>The concentration factor shall be calculated as required in Article 50d(c) of Regulation (EU) No 648/2012.</p></td></tr><tr><td><p>Instructions</p></td><td><p>The reporting currency shall be identified using ISO 4217 currency code followed by a space and the amount. Figures can be rounded with a rounding error smaller than 1 %.</p></td></tr><tr><td><p>Format</p></td><td><p>ISO-Code amount</p></td></tr><tr><td><p>90</p></td><td><p><span>Total amount of initial margin</span></p></td></tr><tr><td><p>Legal references</p></td><td><p>Third subparagraph of Article 89(5a) of Regulation (EU) No 648/2012.</p></td></tr><tr><td><p>Calculation</p></td><td><p>The total initial margin received by the CCP from its clearing members shall be calculated as required in Articles 24 to 27 of the Delegated Regulation (EU) No 153/2013.</p></td></tr><tr><td><p>Instructions</p></td><td><p>This information shall be reported only where applicable. The reporting currency shall be identified using ISO 4217 currency code followed by a space and the amount. Figures can be rounded with a rounding error smaller than 1 %.</p></td></tr><tr><td><p>Format</p></td><td><p>ISO-Code amount</p></td></tr></tbody></table>
ENG
32014R0484
<table><col/><col/><col/><col/><tbody><tr><td><p>18.3.2017&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 73/5</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2017/472 of 15 March 2017 amending Implementing Regulation (EU) 2016/2080 as regards the periods for the submission of tenders 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) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage ( 2 ) , and in particular Article 28 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Commission Implementing Regulation (EU) 2016/2080&#160;<a>(<span>3</span>)</a> has opened the sale of skimmed milk powder by a tendering procedure. It provides for two partial invitations to tender per month, except for August and December.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Experience gained with the partial invitations to tender implemented so far has shown limited interest for the tender under the current market conditions. It is therefore appropriate to reduce the number of periods during which tenders may be submitted to one per month. On the basis of a cost-benefit analysis, it is no longer justified to provide for such a period in the month of August.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Implementing Regulation (EU) 2016/2080 should therefore be amended accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Article 2(2) of Implementing Regulation (EU) 2016/2080 is replaced by the following: ‘2. The periods during which tenders may be submitted in response to subsequent partial invitations shall begin on the first working day following the end of the preceding period. They shall end at 11.00 (Brussels time) on the third Tuesday of the month. However, the period which starts in July shall end at 11.00 (Brussels time) on the third Tuesday of September and no period shall start in August. In December the period shall end at 11.00 (Brussels time) on the second Tuesday. If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.’ 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, 15 March 2017. For the Commission, On behalf of the President, Phil HOGAN Member of the Commission <note> ( 1 ) OJ L 347, 20.12.2013, p. 671 . ( 2 ) OJ L 206, 30.7.2016, p. 71 . ( 3 ) Commission Implementing Regulation (EU) 2016/2080 of 25 November 2016 opening the sale of skimmed milk powder by a tendering procedure ( OJ L 321, 29.11.2016, p. 45 ). </note>
ENG
32017R0472
<table><col/><col/><col/><col/><tbody><tr><td><p>26.8.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>C 282/142</p></td></tr></tbody></table> COUNCIL RECOMMENDATION of 20 July 2020 on the 2020 National Reform Programme of Portugal and delivering a Council opinion on the 2020 Stability Programme of Portugal (2020/C 282/22) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 121(2) and 148(4) thereof, Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies ( 1 ) , and in particular Article 5(2) thereof, Having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances ( 2 ) , and in particular Article 6(1) thereof, Having regard to the recommendation of the European Commission, Having regard to the resolutions of the European Parliament, Having regard to the conclusions of the European Council, Having regard to the opinion of the Employment Committee, Having regard to the opinion of the Economic and Financial Committee, Having regard to the opinion of the Social Protection Committee, Having regard to the opinion of the Economic Policy Committee, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 17 December 2019, the Commission adopted the Annual Sustainable Growth Strategy, marking the start of the 2020 European Semester for economic policy coordination. It took due account of the European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the Commission on 17 November 2017. On 17 December 2019, on the basis of Regulation (EU) No 1176/2011, the Commission also adopted the Alert Mechanism Report, in which it identified Portugal as one of the Member States for which an in-depth review would be carried out. On the same date, the Commission also adopted a recommendation for a Council recommendation on the economic policy of the euro area.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The 2020 country report for Portugal was published on 26 February 2020. It assessed Portugal&#8217;s progress in addressing the country-specific recommendations adopted by the Council on 9 July 2019&#160;<a>(<span>3</span>)</a> (&#8216;the 2019 country-specific recommendations&#8217;), the follow-up given to the country-specific recommendations adopted in previous years and Portugal&#8217;s progress towards its national Europe 2020 targets. It also included an in-depth review under Article 5 of Regulation (EU) No 1176/2011, the results of which were also published on 26 February 2020. The Commission&#8217;s analysis led it to conclude that Portugal is experiencing macroeconomic imbalances. In particular, the large stocks of net external liabilities, private and public debt, and a high share of non-performing loans (NPLs) constitute vulnerabilities in a context of low productivity growth.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>On 11 March 2020, the World Health Organization officially declared the COVID-19 outbreak a global pandemic. It is a severe public health emergency for citizens, societies and economies. It is putting national health systems under severe strain, disrupting global supply chains, causing volatility in financial markets, triggering consumer demand shocks and having negative effects across various sectors. It is threatening people&#8217;s jobs and incomes as well as companies&#8217; business. It has delivered a major economic shock that is already having serious repercussions in the Union. On 13 March 2020, the Commission adopted a communication calling for a coordinated economic response to the crisis, involving all actors at national and Union level.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Several Member States have declared a state of emergency or introduced emergency measures. Any emergency measures should be strictly proportionate, necessary, limited in time, and in line with European and international standards. They should be subject to democratic oversight and independent judicial review.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>On 20 March 2020, the Commission adopted a communication on the activation of the general escape clause of the Stability and Growth Pact. The general escape clause, as set out in Articles 5(1), 6(3), 9(1) and 10(3) of Regulation (EC) No 1466/97 and Articles 3(5) and 5(2) of Council Regulation (EC) No 1467/97&#160;<a>(<span>4</span>)</a>, facilitates the coordination of budgetary policies in times of severe economic downturn. In its communication of 20 March 2020, the Commission considered that, given the expected severe economic downturn resulting from the COVID-19 pandemic, the conditions for the activation of the general escape clause had been met and asked the Council to endorse this conclusion. On 23 March 2020, the ministers of finance of the Member States agreed with the assessment of the Commission. They agreed that the severe economic downturn requires a resolute, ambitious and coordinated response. The activation of the general escape clause allows for a temporary departure from the adjustment path towards the medium-term budgetary objective, provided that this does not endanger fiscal sustainability in the medium term. For the corrective arm, the Council may also decide, on a recommendation from the Commission, to adopt a revised fiscal trajectory. The general escape clause does not suspend the procedures of the Stability and Growth Pact. It allows Member States to depart from the budgetary requirements that would normally apply while enabling the Commission and the Council to undertake the necessary policy coordination measures within the framework of the Pact.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Continued action is required to limit and control the spread of the COVID-19 pandemic, strengthen the resilience of the national health systems, mitigate the socioeconomic consequences of the pandemic through supportive measures for business and households, and ensure adequate health and safety conditions at the workplace with a view to resuming economic activity. The Union should fully use the various tools at its disposal to support Member States&#8217; efforts in those areas. In parallel, Member States and the Union should work together to prepare the measures necessary to bring about a return to the normal functioning of our societies and economies and to sustainable growth, integrating, inter alia, the green transition and the digital transformation, and drawing lessons from the crisis.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The COVID-19 crisis has highlighted the flexibility that the internal market offers to adapt to extraordinary situations. However, in order to ensure a swift and smooth transition to the recovery phase and the free movement of goods, services and workers, exceptional measures that prevent the internal market from functioning normally should be removed as soon as they are no longer indispensable. The current crisis has shown the need for crisis preparedness plans in the health sector. Improved purchasing strategies, diversified supply chains and strategic reserves of essential supplies are among the key elements for developing broader crisis preparedness plans.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The Union legislator has already amended the relevant legislative frameworks by means of Regulations (EU) 2020/460&#160;<a>(<span>5</span>)</a> and (EU) 2020/558&#160;<a>(<span>6</span>)</a> of the European Parliament and of the Council to allow Member States to mobilise all unused resources from the European Structural and Investment Funds so they can address the exceptional effects of the COVID-19 pandemic. Those amendments will provide additional flexibility, as well as simplified and streamlined procedures. To alleviate cash-flow pressures, Member States can also benefit from a 100 % co-financing rate from the Union budget in the 2020-2021 accounting year. Portugal is encouraged to make full use of those possibilities to help the individuals and sectors most affected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The socioeconomic consequences of the COVID-19 pandemic are likely to be unevenly distributed across Portuguese regions due to different specialisation patterns, in particular in regions markedly relying on tourism, such as the Algarve and the outermost regions of Madeira and the Azores. This entails a substantial risk of widening regional and territorial disparities within Portugal. Combined with the risk of a temporary unravelling of the convergence process between Member States, the current situation calls for targeted policy responses.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>On 16 May 2020, Portugal submitted its 2020 National Reform Programme and its 2020 Stability Programme. In order to take account of their interlinkages, the two programmes have been assessed at the same time.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>Portugal is currently in the preventive arm of the Stability and Growth Pact and subject to the debt rule. On 13 July 2018, the Council recommended Portugal to ensure that the nominal growth rate of net primary government expenditure&#160;<a>(<span>7</span>)</a> would not exceed 0,7 % in 2019, corresponding to an annual structural adjustment of 0,6 % of gross domestic product (GDP). The Commission&#8217;s overall assessment confirms a significant deviation from the recommended adjustment path towards the medium-term budgetary objective in 2019, and over 2018 and 2019 taken together. However, in light of the activation of the general escape clause, further steps under the significant deviation procedure for Portugal are not warranted.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>In its 2020 Stability Programme, the government did not include a macroeconomic scenario and plans for the general government balance and debt-to-GDP ratio for at least 2020. The 2020 Stability Programme estimates, however, that every 30 working days &#8211; i.e. around 1,5 full months &#8211; of confinement may, on average, trigger a negative impact on annual GDP of 6,5 percentage points. The macroeconomic and fiscal outlook is affected by high uncertainty because of the COVID-19 pandemic. There are risks underlying the budgetary projections, linked to the surge in public contingent liabilities stemming from some public corporations and the COVID-19-related measures targeting the private sector. This is on top of previously contracted contingent liabilities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>In response to the COVID-19 pandemic, and as part of a coordinated Union approach, Portugal has adopted timely budgetary measures to increase the capacity of its health system, contain the pandemic, and provide relief to those individuals and sectors that have been particularly affected. The 2020 Stability Programme reports estimates for the budgetary impacts of those measures on either a monthly or an annual basis, without providing a projected annual aggregate figure for 2020. The measures include, among others, one-time special support for firms for the resumption of business activity (EUR 508,0 million or 0,3 % of GDP), a simplified scheme for the temporary interruption of work or reduction of normal working time (&#8216;lay-off&#8217;, EUR 373,3 million or 0,2 % of GDP per month of application), and the purchase of personal protective equipment by the health system (0,1 % of GDP per month of application).&#160;<a>(<span>8</span>)</a> The Commission estimates that an overall direct budgetary cost of around 2,5 % of GDP may result from those measures in 2020. In addition, Portugal has announced measures that, while not having as a rule a direct budgetary impact, will contribute to providing liquidity support to businesses and households, which the 2020 Stability Programme estimates at close to EUR 25,1 billion or 12,5 % of GDP. Those measures include tax deferrals for value-added, personal and corporate income taxes, as well as social contributions (EUR 7,9 billion or 3,9 % of GDP) and State guaranteed credit lines and other similar initiatives (EUR 4,0 billion or 2,0 % of GDP). Overall, the measures taken by Portugal are in line with the guidelines set out in the Commission communication of 13 March 2020. The full implementation of the emergency measures and of supportive fiscal measures, followed by a refocusing of fiscal policies towards achieving prudent medium-term fiscal positions when economic conditions allow, will contribute to preserving fiscal sustainability in the medium term.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Based on the Commission 2020 spring forecast under unchanged policies, Portugal&#8217;s general government deficit is forecast at 6,5 % of GDP in 2020 and 1,8 % of GDP in 2021. The general government debt-to-GDP ratio is projected to peak at 131,6 % in 2020, before decreasing to 124,4 % in 2021.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>On 20 May 2020, the Commission issued a report prepared in accordance with Article 126(3) of the Treaty for Portugal because of the projected breach of the 3 %-of-GDP deficit threshold in 2020. Overall, the Commission&#8217;s analysis suggests that the deficit criterion as defined in the Treaty and in Regulation (EC) No 1467/97 has not been fulfilled.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>The COVID-19 pandemic hit Portugal in early March 2020, putting its health system under great pressure. The government swiftly implemented a broad range of strict containment measures, having enacted a constitutional state of emergency between 18 March 2020 and 2 May 2020 to limit as much as possible the spread of the disease and the loss of lives. Portugal took measures to strengthen the response capacity of the health system and to flatten the curve of infections, so as not to overwhelm hospitals. The national and global containment measures have severely curtailed economic activity in most sectors, hitting tourism and related activities particularly hard, and clouded the social and economic outlook in Portugal, particularly its microenterprises and small and medium-sized enterprises (SMEs). The economy is projected to contract by 6,8 % in 2020 and to rebound by 5,8 % in 2021.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>To mitigate the immediate impact of the COVID-19 pandemic on people&#8217;s health, high expenditure for the health system is being incurred on a broad front. Investments are needed to improve the resilience of the health system, securing equipment, products and infrastructure necessary to bolster crisis-response capacities, including intensive care, testing, technological and applied medical research, and universal access, including outside urban areas and in the outermost regions of Madeira and the Azores. At the outset of the COVID-19 outbreak, a plan to introduce a new governance model for public hospitals was gradually under way, with substantial increases in annual budgets. Its steady implementation in the current juncture could help to strengthen the resilience of the health system. COVID-19 has demonstrated the fragility of long-term care facilities in Portugal, which have seen higher rates of infection. Despite improvements in the territorial coverage of long-term care in the last decade, overall access rates are low in all regions of the country. At the same time, already before the COVID-19 outbreak, healthcare expenditure was forecast to increase significantly as a percentage share of GDP over the long term. Continued efforts to improve efficiency and capacity of health and long-term care are necessary to deal with the current crisis as well as to address ageing-related challenges.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>Following sustained positive labour-market developments since 2014, Portugal will now face extraordinary employment challenges as a result of the pandemic. According to the Commission forecast, unemployment is expected to rise to 9,7 % of the active population in 2020 before decreasing to 7,4 % in 2021, up from 6,5 % in 2019. To support employment and mitigate the risk of job losses, Portugal has simplified and adapted the use of its existing scheme for the temporary interruption of work or reduction of normal working time. Targeted use of Union&#8217;s and national programmes could preserve jobs and economic activity, especially in relation to SMEs. In the recovery phase, personalised and targeted active labour-market policies, in particular upskilling and reskilling, will play a decisive role in keeping the workforce job-ready. Cooperation among employers, education and training institutions, and public employment services will be crucial in generating a recruitment surge.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>The COVID-19 pandemic requires measures to mitigate social impacts and protect people in vulnerable situations, so that inequalities are not exacerbated. These include unemployment benefit schemes and income support for the most affected workers, including self-employed and nonstandard workers, access to services and measures fostering reintegration in the labour market. The implementation of a national social contingency plan in cooperation with social partners and civil society could contribute to an immediate and coordinated response to mitigate the social consequences of the crisis. Policy changes to reverse the decline in the effectiveness of social transfers in recent years, e.g. increases in the minimum income, the solidarity supplement for the elderly, pensions and family benefits have had a positive effect on income distribution. Nevertheless, social transfers (excluding pensions) reduced the proportion of population at risk of poverty by only 23,8 % in Portugal in 2018, significantly below the Union average of 34 %. In addition, the adequacy of the minimum income scheme is among the lowest in the Union, providing incomes of only 40 % of the national poverty threshold.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>The COVID-19 pandemic places significant demands on the use of digital technologies to ensure continued access to education, training and business activity, against the background of the necessary adoption of social distancing measures. Portuguese schools and training centres have closed and traditional in-person learning has been disrupted and replaced by an offer for distance learning. Around 6 % of households still have no access to the internet, affecting an estimated 50&#160;000 pupils, and internet access and telecommunications network coverage vary widely between urban and rural areas. Students from socioeconomically advantaged families are better placed to manage the challenges posed by distance learning. In addition, Portugal has a large digital skills deficit. In 2019, 48 % of the population lacked basic digital skills, including about 26 % with no digital skills at all and the proportion of those having never used the internet is twice the Union average. Current circumstances call for intensive implementation of e-training courses and efforts to help people suffering from digital exclusion to overcome the obstacles in accessing distance learning. The adoption of digital technologies by businesses to offer alternative working arrangements and digital services would allow business continuity to firms whose services can be provided online, thereby mitigating the impact of the restrictions in some sectors. This is particularly relevant in Portugal whose economy is mostly characterised by microenterprises concentrated in traditional sectors. One of the main factors hindering the digitalisation of SMEs is the digital knowledge gap, which is a result of low overall levels of digital literacy among managers and employees.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>To prevent avoidable bankruptcies and allow firms to survive the shock and remain competitive, Portugal adopted a set of measures aimed at supporting viable firms, and in particular SMEs, which have been affected by the imposition of the social distancing measures, implying restrictions to operations and a drop in domestic and global demand. These measures focus on provision of the liquidity support, including through guarantees funded by the State and public financial institutions, direct subsidies, tax deferrals, social contributions reductions and deferrals, as well as housing rents deferrals and a public moratorium on bank loans to households and firms. They focus in particular on the hardest-hit sectors, including tourism, hospitality and related economic activities, as well as manufacturing and exporting companies. It is important that such measures be implemented by the public institutions and private intermediaries in a timely and efficient manner. In this context, the Portuguese government streamlined the process for accessing credit lines, specifically the documentation to be presented by firms. In the process of designing and implementing these measures, the resilience of the banking sector, along with the funding conditions of the economy, needs to be taken into account. Additional policy action aims at supporting entrepreneurship and the self-employed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>To foster the economic recovery, it will be important to front-load mature public investment projects and promote private investment, including through relevant reforms. Growth-enhancing investments to support research and innovation, digitalisation, connectivity and green transition will contribute to the recovery of the Portuguese economy and redirect it towards long-term sustainable growth. Investments in transport infrastructure could address the peripheral situation of Portugal, in particular by closing railway connection gaps with Spain and by allowing the exploitation of the underused potential of Portuguese ports. Portugal&#8217;s National Energy and Climate Plan reports important investment needs to tackle the climate and energy transition. There is still a wide margin to improve energy efficiency in buildings and reduce energy consumption in business. Better energy connectivity within the Iberian Peninsula could enable more competition and facilitate the deployment of renewable energy. Investment can also help with regard to anticipating the adverse effects of climate change, such as floods and forest fires, as well as improving water and waste management and developing the potential of the circular economy. The programming of the Just Transition Fund, which is the subject of a Commission proposal, for the period 2021-2027 could help Portugal to address some of the challenges posed by the transition to a climate-neutral economy, in particular in the territories covered by Annex D to the 2020 country report. This would allow Portugal to make the best use of that Fund.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>The Portuguese justice system has become more efficient in recent years, thanks to a number of measures that continue to be implemented. However, the pandemic and resulting recession may lead to an increase in litigation that could exacerbate remaining bottlenecks, in particular the lengthy proceedings and high case backlogs in administrative and tax courts. Increased efficiency and resilience of the justice system could improve business environment, particularly benefiting domestic SMEs and investors.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>While the country-specific recommendations set out in this Recommendation (&#8216;the 2020 country-specific recommendations&#8217;) focus on tackling the socioeconomic impacts of the pandemic and facilitating the economic recovery, the 2019 country-specific recommendations also covered reforms that are essential to address medium- to long-term structural challenges. The 2019 country-specific recommendations remain pertinent and will continue to be monitored throughout next year&#8217;s European Semester. That includes the 2019 country-specific recommendations regarding investment-related economic policies. All of the 2019 country-specific recommendations should be taken into account for the strategic programming of post-2020 cohesion policy funding, including for mitigating measures and exit strategies with regard to the current crisis.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>Past years witnessed several aggregate improvements in the Portuguese banking system. Profitability metrics improved on the back of efforts to increase the sector&#8217;s efficiency and the reduction of provisions and impairments. Given the improved profitability, the banking system proceeded on its path to strengthen capital ratios. However, own-funds levels are still below the Union average. The ratio of NPLs continued its multiyear downward trend but remains double the Union ratio. Income generation capacity remains a challenge amid low interest rates and in an economy with a still high level of indebtedness. The COVID-19 crisis, the low-interest-rate environment and also a certain exposure to oil-depending countries will create challenges for the banking sector and will be reflected in the credit quality of loans granted.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>Lengthy insolvency proceedings have been identified as one of the key factors preventing banks from dealing promptly with the existing stock of NPLs. They also have a substantial influence on the pricing of these assets on the secondary market, as the outcomes, measured as payments to creditors, are insufficient. The breakdown of NPLs continues to show a consistently high proportion of corporate loans (about two thirds), which are least amenable to a swift, standardised approach. In recent years, several amendments have been made to both insolvency and civil enforcement proceedings. Further adjustments, in particular targeting unjustified delay, would help for both creditors and borrowers, with the latter benefiting from a fresh start.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>The European Semester provides the framework for continuous economic and employment policy coordination in the Union, which can contribute to a sustainable economy. In their 2020 National Reform Programmes, Member States have taken stock of progress made in the implementation of the United Nations Sustainable Development Goals (SDGs). By ensuring the full implementation of the 2020 country-specific recommendations, Portugal will contribute to the progress towards the SDGs and to the common effort of ensuring competitive sustainability in the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>Close coordination between economies in the economic and monetary union is key in achieving a swift recovery from the economic impact of the COVID-19 pandemic. As a Member State whose currency is the euro, Portugal should ensure that its policies remain consistent with the 2020 euro-area recommendations and coordinated with those of the other Member States whose currency is the euro, taking into account political guidance from the Eurogroup.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>In the context of the 2020 European Semester, the Commission has carried out a comprehensive analysis of Portugal&#8217;s economic policy and published it in the 2020 country report. It has also assessed the 2020 Stability Programme, the 2020 National Reform Programme and the follow-up given to the country-specific recommendations addressed to Portugal in previous years. The Commission has taken into account not only their relevance for sustainable fiscal and socioeconomic policy in Portugal, but also their compliance with Union rules and guidance, given the need to strengthen the Union&#8217;s overall economic governance by providing Union-level input into future national decisions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>In the light of this assessment, the Council has examined the 2020 Stability Programme and its opinion&#160;<a>(<span>9</span>)</a> is reflected in particular in recommendation (1) below.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p>In the light of the Commission&#8217;s in-depth review and this assessment, the Council has examined the 2020 National Reform Programme and the 2020 Stability Programme. The 2020 country-specific recommendations take into account the need to tackle the COVID-19 pandemic and facilitate the economic recovery as a necessary first step to allow for an adjustment of imbalances. The 2020 country-specific recommendations directly addressing the macroeconomic imbalances identified by the Commission under Article 6 of Regulation (EU) No 1176/2011 are reflected in recommendations (1), (2), (3) and (4),</p></td></tr></tbody></table> HEREBY RECOMMENDS that Portugal take action in 2020 and 2021 to: <table><col/><col/><tbody><tr><td><p>1.</p></td><td><span>Take all necessary measures, in line with the general escape clause of the Stability and Growth Pact, to effectively address the COVID-19 pandemic, sustain the economy and support the ensuing recovery. When economic conditions allow, pursue fiscal policies aimed at achieving prudent medium-term fiscal positions and ensuring debt sustainability, while enhancing investment. Strengthen the resilience of the health system and ensure equal access to quality health and long-term care.</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>2.</p></td><td><span>Support employment and prioritise measures to preserve jobs. Guarantee sufficient and effective social protection and income support. Support the use of digital technologies to ensure equal access to quality education and training and to boost firms&#8217; competitiveness.</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>3.</p></td><td><span>Implement the temporary measures aimed at securing access to liquidity for firms, in particular SMEs. Front-load mature public investment projects and promote private investment to foster the economic recovery. Focus investment on the green and digital transition, in particular on clean and efficient production and use of energy, rail infrastructure and innovation.</span></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>4.</p></td><td><span>Increase the efficiency of administrative and tax courts.</span></td></tr></tbody></table> Done at Brussels, 20 July 2020. For the Council The President J. KLOECKNER <note> ( 1 ) OJ L 209, 2.8.1997, p. 1 . ( 2 ) OJ L 306, 23.11.2011, p. 25 . ( 3 ) OJ C 301, 5.9.2019, p. 129 . ( 4 ) Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure ( OJ L 209, 2.8.1997, p. 6 ). ( 5 ) Regulation (EU) 2020/460 of the European Parliament and of the Council of 30 March 2020 amending Regulations (EU) No 1301/2013, (EU) No 1303/2013 and (EU) No 508/2014 as regards specific measures to mobilise investments in the healthcare systems of Member States and in other sectors of their economies in response to the COVID-19 outbreak (Coronavirus Response Investment Initiative) ( OJ L 99, 31.3.2020, p. 5 ). ( 6 ) Regulation (EU) 2020/558 of the European Parliament and of the Council of 23 April 2020 amending Regulations (EU) No 1301/2013 and (EU) No 1303/2013 as regards specific measures to provide exceptional flexibility for the use of the European Structural and Investments Funds in response to the COVID-19 outbreak ( OJ L 130, 24.4.2020, p. 1 ). ( 7 ) Net primary government expenditure comprises total government expenditure excluding interest expenditure, expenditure on Union programmes fully matched by Union funds revenue and non-discretionary changes in unemployment benefit expenditure. Nationally financed gross fixed capital formation is smoothed over a four-year period. Discretionary revenue measures or revenue increases mandated by law are factored in. One-off measures on both the revenue and expenditure sides are netted out. ( 8 ) The budgetary impacts are expressed as a percentage of GDP in 2020 according to the Commission 2020 spring forecast (EUR 200,4 billion). ( 9 ) Under Article 5(2) of Regulation (EC) No 1466/97. </note>
ENG
32020H0826(22)
<table><col/><col/><col/><col/><tbody><tr><td><p>8.10.2021&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>C 408/1</p></td></tr></tbody></table> Statement of revenue and expenditure of the European Training Foundation for the financial year 2021 – amending budget No 1 (2021/C 408/01) REVENUE <table><col/><col/><col/><col/><col/><tbody><tr><td><p>Title</p><p>Chapter</p></td><td><p>Heading</p></td><td><p>Budget 2021</p></td><td><p>Amending budget No&#160;1</p></td><td><p>New amount</p></td></tr><tr><td><p><span>1</span></p></td><td><p><span>EUROPEAN UNION SUBSIDY</span></p></td></tr><tr><td><p>1 2</p></td><td><p>EUROPEAN TRAINING FOUNDATION (ARTICLE&#160;04 03 14 OF THE GENERAL BUDGET)</p></td><td><p>21&#160;053&#160;287</p></td><td><p>&#160;</p></td><td><p>21&#160;053&#160;287</p></td></tr><tr><td><p>1 3</p></td><td><p>UNION CONTRIBUTION FROM RECOVERY OF SURPLUS FROM PREVIOUS YEARS</p></td><td><p>246&#160;713</p></td><td><p>&#160;</p></td><td><p>246&#160;713</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 1 &#8212; Total</span></p></td><td><p><span>21&#160;300&#160;000</span></p></td><td><p>&#160;</p></td><td><p><span>21&#160;300&#160;000</span></p></td></tr><tr><td><p><span>4</span></p></td><td><p><span>REVENUE FROM OTHER SOURCES</span></p></td></tr><tr><td><p>4 2</p></td><td><p>COOPERATION WITH OTHER EUROPEAN INSTITUTIONS AND BODIES</p></td><td><p>&#160;</p></td><td><p>102&#160;739</p></td><td><p>102&#160;739</p></td></tr><tr><td><p>4 3</p></td><td><p>COOPERATION WITH ITALIAN INSTITUTIONS</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>4 9</p></td><td><p>COOPERATION WITH ITALIAN INSTITUTIONS &#8212; FINANCING OF EARLIER YEARS</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 4 &#8212; Total</span></p></td><td><p>&#160;</p></td><td><p><span>102&#160;739</span></p></td><td><p><span>102&#160;739</span></p></td></tr><tr><td><p><span>8</span></p></td><td><p><span>EUROPEAN UNION CONTRIBUTION IN KIND</span></p></td></tr><tr><td><p>8 0</p></td><td><p>EUROPEAN UNION CONTRIBUTION IN KIND</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 8 &#8212; Total</span></p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p><span>9</span></p></td><td><p><span>MISCELLANEOUS REVENUE</span></p></td></tr><tr><td><p>9 0</p></td><td><p>MISCELLANEOUS REVENUE</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 9 &#8212; Total</span></p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p><span>10</span></p></td><td><p><span>RESULTS OF EARLIER YEARS</span></p></td></tr><tr><td><p>10 1</p></td><td><p>RESULTS OF EARLIER YEARS</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 10 &#8212; Total</span></p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr/><tr/><tr><td><p>&#160;</p></td><td><p><span>GRAND TOTAL</span></p></td><td><p><span>21&#160;300&#160;000</span></p></td><td><p><span>102&#160;739</span></p></td><td><p><span>21&#160;402&#160;739</span></p></td></tr></tbody></table> EXPENDITURE <table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Title</p><p>Chapter</p></td><td><p>Heading</p></td><td><p>Budget 2021</p></td><td><p>Amending budget No&#160;1</p></td><td><p>New amount</p></td></tr><tr><td><p>Commitments</p></td><td><p>Payments</p></td><td><p>Commitments</p></td><td><p>Payments</p></td><td><p>Commitments</p></td><td><p>Payments</p></td></tr><tr><td><p><span>1</span></p></td><td><p><span>EXPENDITURE RELATED TO PERSONS WORKING WITH THE FOUNDATION</span></p></td></tr><tr><td><p>1 1</p></td><td><p>STAFF IN ACTIVE EMPLOYMENT</p></td><td><p>14&#160;209&#160;000</p></td><td><p>14&#160;209&#160;000</p></td><td><p>155&#160;612</p></td><td><p>155&#160;612</p></td><td><p>14&#160;364&#160;612</p></td><td><p>14&#160;364&#160;612</p></td></tr><tr><td><p>1 3</p></td><td><p>MISSIONS AND DUTY TRAVELS</p></td><td><p>65&#160;000</p></td><td><p>65&#160;000</p></td><td><p>&#8211;60&#160;790</p></td><td><p>&#8211;60&#160;790</p></td><td><p>4&#160;210</p></td><td><p>4&#160;210</p></td></tr><tr><td><p>1 4</p></td><td><p>SOCIOMEDICAL INFRASTRUCTURE</p></td><td><p>262&#160;000</p></td><td><p>262&#160;000</p></td><td><p>8&#160;500</p></td><td><p>8&#160;500</p></td><td><p>270&#160;500</p></td><td><p>270&#160;500</p></td></tr><tr><td><p>1 5</p></td><td><p>STAFF EXCHANGES BETWEEN THE FOUNDATION AND THE PUBLIC SECTOR</p></td><td><p>p.m.</p></td><td><p>p.m.</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>p.m.</p></td><td><p>p.m.</p></td></tr><tr><td><p>1 7</p></td><td><p>ENTERTAINMENT AND REPRESENTATION EXPENSES</p></td><td><p>4&#160;000</p></td><td><p>4&#160;000</p></td><td><p>&#8211;3&#160;000</p></td><td><p>&#8211;3&#160;000</p></td><td><p>1&#160;000</p></td><td><p>1&#160;000</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 1 &#8212; Total</span></p></td><td><p><span>14&#160;540&#160;000</span></p></td><td><p><span>14&#160;540&#160;000</span></p></td><td><p><span>100&#160;322</span></p></td><td><p><span>100&#160;322</span></p></td><td><p><span>14&#160;640&#160;322</span></p></td><td><p><span>14&#160;640&#160;322</span></p></td></tr><tr><td><p><span>2</span></p></td><td><p><span>BUILDING, EQUIPMENT AND MISCELLANEOUS OPERATING EXPENDITURE</span></p></td></tr><tr><td><p>2 0</p></td><td><p>INVESTMENTS IN IMMOVABLE PROPERTY, RENTAL OF BUILDINGS AND ASSOCIATED COSTS</p></td><td><p>757&#160;600</p></td><td><p>757&#160;600</p></td><td><p>&#8211;23&#160;174</p></td><td><p>&#8211;23&#160;174</p></td><td><p>734&#160;426</p></td><td><p>734&#160;426</p></td></tr><tr><td><p>2 1</p></td><td><p>INFORMATION AND COMMUNICATION TECHNOLOGIES</p></td><td><p>1&#160;261&#160;200</p></td><td><p>1&#160;261&#160;200</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>1&#160;261&#160;200</p></td><td><p>1&#160;261&#160;200</p></td></tr><tr><td><p>2 2</p></td><td><p>MOVABLE PROPERTY AND ASSOCIATED COSTS</p></td><td><p>p.m.</p></td><td><p>p.m.</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>p.m.</p></td><td><p>p.m.</p></td></tr><tr><td><p>2 3</p></td><td><p>CURRENT ADMINISTRATIVE EXPENDITURE</p></td><td><p>66&#160;000</p></td><td><p>66&#160;000</p></td><td><p>&#8211;8&#160;948</p></td><td><p>&#8211;8&#160;948</p></td><td><p>57&#160;052</p></td><td><p>57&#160;052</p></td></tr><tr><td><p>2 4</p></td><td><p>POST AND TELECOMMUNICATIONS</p></td><td><p>8&#160;200</p></td><td><p>8&#160;200</p></td><td><p>&#8211;3&#160;200</p></td><td><p>&#8211;3&#160;200</p></td><td><p>5&#160;000</p></td><td><p>5&#160;000</p></td></tr><tr><td><p>2 5</p></td><td><p>MEETINGS AND ASSOCIATED COSTS</p></td><td><p>100&#160;000</p></td><td><p>100&#160;000</p></td><td><p>&#8211;30&#160;000</p></td><td><p>&#8211;30&#160;000</p></td><td><p>70&#160;000</p></td><td><p>70&#160;000</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 2 &#8212; Total</span></p></td><td><p><span>2&#160;193&#160;000</span></p></td><td><p><span>2&#160;193&#160;000</span></p></td><td><p><span>&#8211;65&#160;322</span></p></td><td><p><span>&#8211;65&#160;322</span></p></td><td><p><span>2&#160;127&#160;678</span></p></td><td><p><span>2&#160;127&#160;678</span></p></td></tr><tr><td><p><span>3</span></p></td><td><p><span>EXPENSES RELATED TO PERFORMANCE OF SPECIFIC MISSIONS</span></p></td></tr><tr><td><p>3 0</p></td><td><p>OPERATIONAL EXPENSES</p></td><td><p>375&#160;000</p></td><td><p>375&#160;000</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>375&#160;000</p></td><td><p>375&#160;000</p></td></tr><tr><td><p>3 1</p></td><td><p>PRIORITY ACTIONS: WORK PROGRAMME ACTIVITIES</p></td><td><p>3&#160;557&#160;000</p></td><td><p>3&#160;557&#160;000</p></td><td><p>367&#160;739</p></td><td><p>367&#160;739</p></td><td><p>3&#160;924&#160;739</p></td><td><p>3&#160;924&#160;739</p></td></tr><tr><td><p>3 2</p></td><td><p>OPERATIONAL MISSIONS</p></td><td><p>635&#160;000</p></td><td><p>635&#160;000</p></td><td><p>&#8211;&#160;300&#160;000</p></td><td><p>&#8211;&#160;300&#160;000</p></td><td><p>335&#160;000</p></td><td><p>335&#160;000</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 3 &#8212; Total</span></p></td><td><p><span>4&#160;567&#160;000</span></p></td><td><p><span>4&#160;567&#160;000</span></p></td><td><p><span>67&#160;739</span></p></td><td><p><span>67&#160;739</span></p></td><td><p><span>4&#160;634&#160;739</span></p></td><td><p><span>4&#160;634&#160;739</span></p></td></tr><tr><td><p><span>4</span></p></td><td><p><span>EARMARKED EXPENDITURE</span></p></td></tr><tr><td><p>4 2</p></td><td><p>COOPERATION WITH OTHER EUROPEAN INSTITUTIONS AND BODIES</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>4 3</p></td><td><p>COOPERATION WITH NATIONAL INSTITUTIONS</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 4 &#8212; Total</span></p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p><span>8</span></p></td><td><p><span>EUROPEAN UNION CONTRIBUTION IN KIND</span></p></td></tr><tr><td><p>8 0</p></td><td><p>EUROPEAN UNION CONTRIBUTION IN KIND</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 8 &#8212; Total</span></p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p><span>9</span></p></td><td><p><span>EXPENSES NOT SPECIFICALLY PROVIDED FOR</span></p></td></tr><tr><td><p>9 9</p></td><td><p>EXPENSES NOT SPECIFICALLY PROVIDED FOR</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 9 &#8212; Total</span></p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p><span>10</span></p></td><td><p><span>RESULTS OF EARLIER YEARS</span></p></td></tr><tr><td><p>10 1</p></td><td><p>RESULTS OF EARLIER YEARS</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 10 &#8212; Total</span></p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr/><tr/><tr><td><p>&#160;</p></td><td><p><span>GRAND TOTAL</span></p></td><td><p><span>21&#160;300&#160;000</span></p></td><td><p><span>21&#160;300&#160;000</span></p></td><td><p><span>102&#160;739</span></p></td><td><p><span>102&#160;739</span></p></td><td><p><span>21&#160;402&#160;739</span></p></td><td><p><span>21&#160;402&#160;739</span></p></td></tr></tbody></table> Remarks The likely schedule of payments vis-à-vis commitments is as follows: <table><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Payments</p></td></tr><tr/><tr/><tr><td><p>Commitments</p></td><td><p>&#160;</p></td><td><p>2021</p></td><td><p>2022</p></td></tr><tr><td><p>Pre-2021 Commitments still outstanding</p></td><td><p>120&#160;000</p></td><td><p>120&#160;000</p></td><td><p>-</p></td></tr><tr><td><p>Appropriations 2021</p></td><td><p><span>375&#160;000</span></p></td><td><p>255&#160;000</p></td><td><p>120&#160;000</p></td></tr><tr><td><p>Total</p></td><td><p>495&#160;000</p></td><td><p><span>375&#160;000</span></p></td><td><p>120&#160;000</p></td></tr></tbody></table> Remarks The likely schedule of payments vis-à-vis commitments is as follows: <table><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Payments</p></td></tr><tr/><tr/><tr><td><p>Commitments</p></td><td><p>&#160;</p></td><td><p>2021</p></td><td><p>2022</p></td></tr><tr><td><p>Pre-2021 Commitments still outstanding</p></td><td><p>1&#160;800&#160;000</p></td><td><p>1&#160;800&#160;000</p></td><td><p>-</p></td></tr><tr><td><p>Appropriations 2021</p></td><td><p><span>3&#160;924&#160;739</span></p></td><td><p>1&#160;757&#160;000</p></td><td><p>1&#160;800&#160;000</p></td></tr><tr><td><p>Total</p></td><td><p>5&#160;724&#160;739</p></td><td><p><span>3&#160;924&#160;739</span></p></td><td><p>1&#160;800&#160;000</p></td></tr></tbody></table> Remarks The likely schedule of payments vis-à-vis commitments is as follows: <table><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Payments</p></td></tr><tr/><tr/><tr><td><p>Commitments</p></td><td><p>&#160;</p></td><td><p>2021</p></td><td><p>2022</p></td></tr><tr><td><p>Pre-2021 Commitments still outstanding</p></td><td><p>40&#160;000</p></td><td><p>40&#160;000</p></td><td><p>-</p></td></tr><tr><td><p>Appropriations 2021</p></td><td><p><span>335&#160;000</span></p></td><td><p>595&#160;000</p></td><td><p>40&#160;000</p></td></tr><tr><td><p>Total</p></td><td><p>375&#160;000</p></td><td><p><span>335&#160;000</span></p></td><td><p>40&#160;000</p></td></tr></tbody></table> Establishment plan <table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Function group and grade</p></td><td><p>&#160;</p></td></tr><tr><td><p>2021</p></td><td><p>2020</p></td></tr><tr><td><p>Authorized under the Union budget</p></td><td><p>Actually filled as at 31&#160;December 2019</p></td><td><p>Authorized under the Union budget</p></td></tr><tr><td><p>Permanent posts</p></td><td><p>Temporary posts</p></td><td><p>Permanent posts</p></td><td><p>Temporary posts</p></td><td><p>Permanent posts</p></td><td><p>Temporary posts</p></td></tr><tr/><tr/><tr><td><p>AD 16</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AD 15</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AD 14</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>1</p></td></tr><tr><td><p>AD 13</p></td><td><p>&#8212;</p></td><td><p>5</p></td><td><p>&#8212;</p></td><td><p>3</p></td><td><p>&#8212;</p></td><td><p>5</p></td></tr><tr><td><p>AD 12</p></td><td><p>&#8212;</p></td><td><p>10</p></td><td><p>&#8212;</p></td><td><p>4</p></td><td><p>&#8212;</p></td><td><p>10</p></td></tr><tr><td><p>AD 11</p></td><td><p>&#8212;</p></td><td><p>10</p></td><td><p>&#8212;</p></td><td><p>11</p></td><td><p>&#8212;</p></td><td><p>10</p></td></tr><tr><td><p>AD 10</p></td><td><p>&#8212;</p></td><td><p>9</p></td><td><p>&#8212;</p></td><td><p>11</p></td><td><p>&#8212;</p></td><td><p>9</p></td></tr><tr><td><p>AD 9</p></td><td><p>&#8212;</p></td><td><p>13</p></td><td><p>&#8212;</p></td><td><p>11</p></td><td><p>&#8212;</p></td><td><p>13</p></td></tr><tr><td><p>AD 8</p></td><td><p>&#8212;</p></td><td><p>6</p></td><td><p>&#8212;</p></td><td><p>6</p></td><td><p>&#8212;</p></td><td><p>6</p></td></tr><tr><td><p>AD 7</p></td><td><p>&#8212;</p></td><td><p>3</p></td><td><p>&#8212;</p></td><td><p>8</p></td><td><p>&#8212;</p></td><td><p>1</p></td></tr><tr><td><p>AD 6</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>1</p></td></tr><tr><td><p>AD 5</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Subtotal AD</p></td><td><p>&#8212;</p></td><td><p>57</p></td><td><p>&#8212;</p></td><td><p>56</p></td><td><p>&#8212;</p></td><td><p>56</p></td></tr><tr/><tr/><tr><td><p>AST 11</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>1</p></td></tr><tr><td><p>AST 10</p></td><td><p>&#8212;</p></td><td><p>3</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>3</p></td></tr><tr><td><p>AST 9</p></td><td><p>&#8212;</p></td><td><p>13</p></td><td><p>&#8212;</p></td><td><p>8</p></td><td><p>&#8212;</p></td><td><p>10</p></td></tr><tr><td><p>AST 8</p></td><td><p>&#8212;</p></td><td><p>6</p></td><td><p>&#8212;</p></td><td><p>9</p></td><td><p>&#8212;</p></td><td><p>10</p></td></tr><tr><td><p>AST 7</p></td><td><p>&#8212;</p></td><td><p>4</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>4</p></td></tr><tr><td><p>AST 6</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>4</p></td><td><p>&#8212;</p></td><td><p>1</p></td></tr><tr><td><p>AST 5</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>3</p></td><td><p>&#8212;</p></td><td><p>1</p></td></tr><tr><td><p>AST 4</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>4</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST 3</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST 2</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST 1</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Subtotal AST</p></td><td><p>&#8212;</p></td><td><p>29</p></td><td><p>&#8212;</p></td><td><p>30</p></td><td><p>&#8212;</p></td><td><p>30</p></td></tr><tr/><tr/><tr><td><p>AST/SC 6</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 5</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 4</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 3</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 2</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 1</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Subtotal AST/SC</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr/><tr/><tr><td><p><span>Total</span></p></td><td><p><span>&#8212;</span></p></td><td><p><span>86</span></p></td><td><p><span>&#8212;</span></p></td><td><p><span>86</span></p></td><td><p><span>&#8212;</span></p></td><td><p><span>86</span></p></td></tr><tr><td><p><span>Grand Total</span></p></td><td><p><span>86</span></p></td><td><p><span>86</span></p></td><td><p><span>86</span></p></td></tr></tbody></table>
ENG
32021B1008(01)
<table><col/><col/><col/><col/><tbody><tr><td><p>19.3.2018&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>LI 75/3</p></td></tr></tbody></table> COUNCIL IMPLEMENTING DECISION (CFSP) 2018/421 of 19 March 2018 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 31(2) thereof, Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria ( 1 ) and in particular Article 30(1) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 31&#160;May 2013, the Council adopted Decision 2013/255/CFSP.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>In view of the gravity of the situation in Syria, in particular the use by the Syrian regime of chemical weapons and its involvement in chemical weapons proliferation, four persons should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex I to Decision 2013/255/CFSP.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Decision 2013/255/CFSP should therefore be amended accordingly,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision. Article 2 This Decision shall enter into force on the day of its publication in the Official Journal of the European Union . Done at Brussels, 19 March 2018. For the Council The President F. MOGHERINI ( 1 ) OJ L 147, 1.6.2013, p. 14 . ANNEX The following persons are added to the list set out in section A (Persons) of Annex I to Decision 2013/255/CFSP: <table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>Name</p></td><td><p>Identifying information</p></td><td><p>Reasons</p></td><td><p>Date of listing</p></td></tr><tr><td><p>&#8216;260.</p></td><td><p>Yusuf Ajeeb</p><p>(a.k.a:<img/>; Yousef; Ajib)</p></td><td><p>Brigadier General; Doctor; Head of Security Office, Scientific Studies and Research Centre (SSRC)</p><p>Address: Scientific Studies and Research Centre (SSRC), Barzeh Street, P.O. Box 4470, Damascus</p></td><td><p>Holds the rank of Brigadier General, a senior officer in the Syrian Armed Forces, in post after May 2011. Since 2012, he has been Head of Security for the Scientific Studies and Research Centre (SSRC) which is involved in the chemical weapons proliferation sector. As a result of his senior position as Head of Security for SSRC, he is associated with the designated entity SSRC.</p></td><td><p>19.3.2018</p></td></tr><tr><td><p>261.</p></td><td><p>Maher Sulaiman</p><p>(a.k.a:<img/>; Mahir; Suleiman)</p></td><td><p>Doctor; Director of the Higher Institute for Applied Sciences and Technology</p><p>Address: Higher Institute for Applied Sciences and Technology (HIAST), P.O. Box 31983, Damascus</p></td><td><p>Director of the Higher Institute for Applied Sciences and Technology (HIAST), which provides training and support as part of the Syrian chemical weapons proliferation sector. Due to his senior position at the HIAST, which is an affiliate and subsidiary of the Scientific Studies and Research Centre (SSRC), he is associated with the HIAST and SSRC, both of which are designated entities.</p></td><td><p>19.3.2018</p></td></tr><tr><td><p>262.</p></td><td><p>Salam Tohme</p><p>(a.k.a:<img/>; Salim; Taame, Ta'mah, Toumah)</p></td><td><p>Doctor: Deputy Director General, Scientific Studies and Research Centre (SSRC)</p><p>Address: Scientific Studies and Research Centre (SSRC), Barzeh Street, P.O. Box 4470, Damascus</p></td><td><p>Deputy Director General of the Scientific Studies and Research Centre (SSRC) which is responsible for the development and production of non-conventional weapons, including chemical weapons, and the missiles to deliver them. Due to his senior position at SSRC, he is associated with designated entity SSRC.</p></td><td><p>19.3.2018</p></td></tr><tr><td><p>263.</p></td><td><p>Zuhair Fadhlun</p><p>(a.k.a:<img/>; Zoher; Fadloun, Fadhloun)</p></td><td><p>Head of Institute 3000 (a.k.a. Institute 5000), Scientific Studies and Research Centre (SSRC)</p><p>Address: Scientific Studies and Research Centre (SSRC), Barzeh Street, P.O. Box 4470, Damascus</p></td><td><p>Director of the branch of the Scientific Studies and Research Centre (SSRC) that is known as Institute 3000 (a.k.a. Institute 5000). In this role, he is responsible for chemical weapons projects, including production of chemical agents and munitions. Due to his senior position at SSRC, he is associated with designated entity SSRC.</p></td><td><p>19.3.2018&#8217;</p></td></tr></tbody></table>
ENG
32018D0421
02015L1513 — EN — 01.07.2021 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p>DIRECTIVE (EU) 2015/1513 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL</p><p>of 9 September 2015</p><p>amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources</p><p><a>(Text with EEA relevance)</a></p><p>(OJ L 239 15.9.2015, p. 1)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>DIRECTIVE (EU) 2018/2001 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL&#160;of 11&#160;December 2018</a></p></td><td><p>&#160;&#160;L&#160;328</p></td><td><p>82</p></td><td><p>21.12.2018</p></td></tr></table> DIRECTIVE (EU) 2015/1513 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 September 2015 amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (Text with EEA relevance) Article 1 Amendments to Directive 98/70/EC Directive 98/70/EC is amended as follows: (1) In Article 2, the following points are added: ‘10. “renewable liquid and gaseous transport fuels of non-biological origin” means liquid or gaseous fuels other than biofuels whose energy content comes from renewable energy sources other than biomass, and which are used in transport; 11. “starch-rich crops” means crops comprising mainly cereals (regardless of whether only the grains are used or the whole plant, such as in the case of green maize, is used), tubers and root crops (such as potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams), and corm crops (such as taro and cocoyam); 12. “low indirect land-use change-risk biofuels” means biofuels, the feedstocks of which were produced within schemes which reduce the displacement of production for purposes other than for making biofuels and which were produced in accordance with the sustainability criteria for biofuels set out in Article 7b; 13. “processing residue” means a substance that is not the end product(s) that a production process directly seeks to produce; it is not a primary aim of the production process and the process has not been deliberately modified to produce it; 14. “agricultural, aquaculture, fisheries and forestry residues” means residues that are directly generated by agriculture, aquaculture, fisheries and forestry; they do not include residues from related industries or processing.’. (2) Article 7a is amended as follows: (a) in paragraph 1, the following subparagraph is inserted after the first subparagraph: ‘In the case of suppliers of biofuels for use in aviation, Member States may permit such suppliers to choose to become contributors to the reduction obligation laid down in paragraph 2 of this Article provided that that those biofuels comply with the sustainability criteria set out in Article 7b.’; (b) in paragraph 2, the following subparagraph is added: ‘Member States may provide that the maximum contribution of biofuels produced from cereal and other starch-rich crops, sugars and oil crops and from crops grown as main crops primarily for energy purposes on agricultural land for the purpose of compliance with the target referred to in the first subparagraph of this paragraph shall not exceed the maximum contribution established in point (d) of the second subparagraph of Article 3(4) of Directive 2009/28/EC.’; (c) paragraph 5 is replaced by the following: ‘5. The Commission shall adopt implementing acts in accordance with the examination procedure referred to in Article 11(3) to set out detailed rules for the uniform implementation, by Member States, of paragraph 4 of this Article.’; (d) the following paragraphs are added: ‘6. The Commission shall be empowered to adopt no later than 31 December 2017 delegated acts in order to establish greenhouse gas emission default values, where such values have not already been established prior to 5 October 2015, as regards: (a) renewable liquid and gaseous transport fuels of non-biological origin; (b) carbon capture and utilisation for transport purposes. 7. As part of the reporting under paragraph 1, Member States shall ensure that fuel suppliers report annually to the authority designated by the Member State, on the biofuel production pathways, volumes of biofuels derived from the feedstocks as categorised in Part A of Annex V, and the life cycle greenhouse gas emissions per unit of energy, including the provisional mean values of the estimated indirect land-use change emissions from biofuels. Member States shall report those data to the Commission.’. (3) Article 7b is amended as follows: (a) paragraph 2 is replaced by the following: ‘2. The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 5 October 2015. An installation shall be considered to be in operation if the physical production of biofuels has taken place. In the case of installations that were in operation on or before 5 October 2015, for the purposes referred to in paragraph 1, biofuels shall achieve a greenhouse gas emission saving of at least 35 % until 31 December 2017 and at least 50 % from 1 January 2018. The greenhouse gas emission saving from the use of biofuels shall be calculated in accordance with Article 7d(1).’; (b) in paragraph 3, the second subparagraph is deleted. (4) Article 7c is amended as follows: (a) in paragraph 3, the third subparagraph is replaced by the following: ‘The Commission shall adopt implementing acts in accordance with the examination procedure referred to in Article 11(3), to establish the list of appropriate and relevant information referred to in the first two subparagraphs of this paragraph. The Commission shall ensure, in particular, that the provision of that information does not represent an excessive administrative burden for operators in general or for smallholder farmers, producer organisations and cooperatives in particular.’; (b) in paragraph 5, the following subparagraphs are added: ‘The voluntary schemes referred to in paragraph 4 (“the voluntary schemes”) shall regularly, and at least once per year, publish a list of their certification bodies used for independent auditing, indicating for each certification body by which entity or national public authority it was recognised and which entity or national public authority is monitoring it. In order in particular to prevent fraud, the Commission may, on the basis of a risk analysis or the reports referred to in the second subparagraph of paragraph 6 of this Article, specify the standards of independent auditing and require all voluntary schemes to apply those standards. This shall be done by means of implementing acts adopted in accordance with the examination procedure referred to in Article 11(3). Such acts shall set a time frame by which voluntary schemes need to implement the standards. The Commission may repeal decisions recognising voluntary schemes in the event that those schemes fail to implement such standards in the time frame provided for.’; (c) paragraph 6 is replaced by the following: ‘6. Decisions under paragraph 4 of this Article shall be adopted in accordance with the examination procedure referred to in Article 11(3). Such decisions shall be valid for a period of no more than five years. The Commission shall require that each voluntary scheme, on which a decision has been adopted under paragraph 4, submit by 6 October 2016 and annually thereafter by 30 April, a report to the Commission covering each of the points set out in the third subparagraph of this paragraph. Generally, the report shall cover the preceding calendar year. The first report shall cover at least six months from 9 September 2015. The requirement to submit a report shall apply only to voluntary schemes that have operated for at least 12 months. By 6 April 2017, the Commission shall submit a report to the European Parliament and to the Council analysing the reports referred to in the second subparagraph of this paragraph, reviewing the operation of the agreements referred to in paragraph 4 or voluntary schemes in respect of which a decision has been adopted in accordance with this Article, and identifying best practices. The report shall be based on the best information available, including following consultations with stakeholders, and on practical experience in the application of the agreements or schemes concerned. The report shall analyse the following: in general: (a) the independence, modality and frequency of audits, both in relation to what is stated on those aspects in the scheme documentation, at the time the scheme concerned was approved by the Commission, and in relation to industry best practice; (b) the availability of, and experience and transparency in the application of, methods for identifying and dealing with non-compliance, with particular regard to dealing with situations or allegations of serious wrongdoing on the part of members of the scheme; (c) transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the applicable languages of the countries and regions from which raw materials originate, the accessibility of a list of certified operators and relevant certificates, and the accessibility of auditor reports; (d) stakeholder involvement, particularly as regards the consultation of indigenous and local communities prior to decision making during the drafting and reviewing of the scheme as well as during audits and the response given to their contributions; (e) the overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; (f) market updates of the scheme, the amount of feedstocks and biofuels certified, by country of origin and type, the number of participants; (g) the ease and effectiveness of implementing a system that tracks the proofs of conformity with the sustainability criteria that the scheme gives to its member(s), such a system intended to serve as a means of preventing fraudulent activity with a view, in particular, to the detection, treatment and follow-up of suspected fraud and other irregularities and where appropriate, the number of cases of fraud or irregularities detected; and in particular: (h) options for entities to be authorised to recognise and monitor certification bodies; (i) criteria for the recognition or accreditation of certification bodies; (j) rules on how the monitoring of the certification bodies is to be conducted; (k) ways to facilitate or improve the promotion of best practice. A Member State may notify its national scheme to the Commission. The Commission shall give priority to the assessment of such a scheme. A decision on the compliance of such a notified national scheme with the conditions set out in this Directive shall be adopted in accordance with the examination procedure referred to in Article 11(3), in order to facilitate mutual bilateral and multilateral recognition of schemes for verification of compliance with the sustainability criteria for biofuels. Where the decision is positive, schemes established in accordance with this Article shall not refuse mutual recognition with that Member State's scheme as regards the verification of compliance with the sustainability criteria set out in Article 7b(2) to (5).’; (d) paragraph 8 is replaced by the following: ‘8. At the request of a Member State or on its own initiative, the Commission shall examine the application of Article 7b in relation to a source of biofuel and, within six months of receipt of a request decide, in accordance with the examination procedure referred to in Article 11(3), whether the Member State concerned may take biofuel from that source into account for the purposes of Article 7a.’. (5) Article 7d is amended as follows: (a) paragraphs 3, 4 and 5 are replaced by the following: ‘3. The typical greenhouse gas emissions from cultivation of agricultural raw materials included in the reports referred to in paragraph 2 in the case of Member States, and, in the case of territories outside the Union, in reports equivalent to those referred to in paragraph 2 and drawn up by competent bodies, may be reported to the Commission. 4. The Commission may decide, by means of an implementing act adopted in accordance with the examination procedure referred to in Article 11(3), that the reports referred to in paragraph 3 of this Article contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of biofuel feedstocks typically produced in those areas for the purposes of Article 7b(2). 5. By 31 December 2012 at the latest and every two years thereafter, the Commission shall draw up and publish a report on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to greenhouse gas emissions from transport and processing. In the event that the reports referred to in the first subparagraph indicate that the estimated typical and default values in Parts B and E of Annex IV might need to be adjusted on the basis of the latest scientific evidence, the Commission shall, as appropriate, submit a legislative proposal to the European Parliament and to the Council.’; (b) paragraph 6 is deleted; (c) in paragraph 7, the first, second and third subparagraphs are replaced by the following: ‘7. The Commission shall keep Annex IV under review, with a view, where justified, to the addition of values for further biofuel production pathways for the same or for other raw materials. That review shall also consider the modification of the methodology laid down in Part C of Annex IV, particularly with regard to: — the method of accounting for wastes and residues; — the method of accounting for co-products; — the method of accounting for cogeneration; and — the status given to agricultural crop residues as co-products. The default values for waste vegetable or animal oil biodiesel shall be reviewed as soon as possible. In the event that the Commission's review concludes that additions to Annex IV should be made, the Commission shall be empowered to adopt delegated acts pursuant to Article 10a to add, but not to remove or amend, estimated typical and default values in Parts A, B, D and E of Annex IV for biofuel pathways for which specific values are not yet included in that Annex.’; (d) paragraph 8 is replaced by the following: ‘8. Where necessary in order to ensure the uniform application of point 9 of Part C of Annex IV, the Commission may adopt implementing acts setting out detailed technical specifications and definitions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(3).’. (6) In Article 7e, paragraph 2 is replaced by the following: ‘2. The reports by the Commission to the European Parliament and to the Council referred to in Article 7b(7), Article 7c(2), Article 7c(9) and Article 7d(4) and (5), as well as the reports and information submitted pursuant to the first and fifth subparagraphs of Article 7c(3) and Article 7d(2), shall be prepared and transmitted for the purposes of both Directive 2009/28/EC and this Directive.’. (7) Article 8 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in Annexes I and II respectively.’; (b) paragraph 3 is replaced by the following: ‘3. Each year by 31 August, the Member States shall submit a report on national fuel quality data for the preceding calendar year. The Commission shall establish a common format for the submission of a summary of national fuel quality data by means of an implementing act adopted in accordance with the examination procedure referred to in Article 11(3). The first report shall be submitted by 30 June 2002. From 1 January 2004, the format for this report shall be consistent with that described in the relevant European standard. In addition, Member States shall report the total volumes of petrol and diesel fuels marketed in their territories and the volumes of unleaded petrol and diesel fuels marketed with a maximum sulphur content of 10 mg/kg. Furthermore, Member States shall report annually on the availability, on an appropriately balanced geographical basis, of petrol and diesel fuels with a maximum sulphur content of 10 mg/kg that are marketed within their territory.’. (8) In Article 8a, paragraph 3 is replaced by the following: ‘3. In light of the assessment carried out using the test methodology referred to in paragraph 1, the European Parliament and the Council may revise the limit for the MMT content of fuel specified in paragraph 2, on the basis of a legislative proposal from the Commission.’. (9) In Article 9(1), the following point is added: ‘(k) the production pathways, volumes and the life cycle greenhouse gas emissions per unit of energy, including the provisional mean values of the estimated indirect land-use change emissions and the associated range derived from the sensitivity analysis as set out in Annex V, of the biofuels consumed in the Union. The Commission shall make data on the provisional mean values of the estimated indirect land-use change emissions and the associated range derived from the sensitivity analysis publicly available.’. (10) Article 10 is amended as follows: (a) the title is replaced by the following: ‘Procedure for adaptation of permitted analytical methods and permitted vapour pressure waivers’; (b) paragraph 1 is replaced by the following: ‘1. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a to the extent necessary to adapt the permitted analytical methods in order to ensure consistency with any revision of the European standards referred to in Annex I or II. The Commission shall also be empowered to adopt delegated acts in accordance with Article 10a to adapt the permitted vapour pressure waivers in kPa for the ethanol content of petrol set out in Annex III within the limit set in the first subparagraph of Article 3(4). Such delegated acts shall be without prejudice to waivers granted pursuant to Article 3(4).’. (11) The following Article is inserted: ‘Article 10a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 7a(6), 7d(7) and 10(1) shall be conferred on the Commission for a period of five years from 5 October 2015. 3. The delegation of power referred to in Articles 7a(6), 7d(7) and 10(1) 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 Articles 7a(6), 7d(7) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.’. (12) Article 11 is replaced by the following: ‘Article 11 Committee procedure 1. Except in the cases referred to in paragraph 2, the Commission shall be assisted by the Committee on Fuel Quality. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( *1 ). 2. For matters relating to the sustainability of biofuels under Articles 7b, 7c and 7d, the Commission shall be assisted by the Committee on the Sustainability of Biofuels and Bioliquids referred to in Article 25(2) of Directive 2009/28/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the Committees deliver no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply. (13) Annex IV is amended and Annex V is added in accordance with Annex I to this Directive. ————— Article 3 Review 1. The Commission shall at the latest by 31 December 2016, submit a report to the European Parliament and to the Council including an assessment of the availability of the necessary quantities of cost-efficient biofuels on the Union market from non-land using feedstocks and non-food crops by 2020 and of their environmental, economic and social impacts, including the need for additional criteria to ensure their sustainability, and of the best available scientific evidence on indirect land-use change greenhouse gas emissions associated with the production of biofuels and bioliquids. The report shall, if appropriate, be accompanied by proposals for further measures, taking into account economic, social and environmental considerations. 2. The Commission shall, by 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence: (a) the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse gas emissions associated with the production of biofuels and bioliquids. In this respect, the report shall also include the latest available information with regard to the key assumptions influencing the results from the modelling of the indirect land-use change greenhouse gas emissions associated with the production of biofuels and bioliquids, including measured trends in agricultural yields and productivity, co-product allocation and observed global land-use change and deforestation rates, and the possible impact of Union policies, such as environment, climate and agricultural policies, involving stakeholders in such review process; (b) the effectiveness of the incentives provided for biofuels from non-land-using feedstocks and non-food crops under Article 3(4) of Directive 2009/28/EC including whether the Union as a whole is expected to use 0,5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 from biofuels produced from feedstocks and from other fuels listed in part A of Annex IX; (c) the impact of increased demand for biomass on biomass-using sectors; (d) the possibility of setting out criteria for the identification and certification of low indirect land-use change-risk biofuels and bioliquids that are produced in accordance with the sustainability criteria set out in Directives 98/70/EC and 2009/28/EC, with a view to updating Annex V to Directive 98/70/EC and Annex VIII to Directive 2009/28/EC, if appropriate; (e) the potential economic and environmental benefits and risks of increased production and use of dedicated non-food crops grown primarily for energy purposes, also by using data related to existing projects; (f) the relative share of bioethanol and biodiesel on the Union market and the share of energy from renewable sources in petrol. The Commission shall also assess the drivers that affect the share of energy from renewable sources in petrol, as well as any barriers to deployment. The assessment shall include costs, fuel standards, infrastructure and climatic conditions. If appropriate, the Commission may make recommendations on how to overcome any barriers identified; and (g) determining which Member States have chosen to apply the limit on the amount of biofuels produced from cereal and other starch-rich crops, sugars and oil crops and from crops grown as main crops primarily for energy purposes on agricultural land towards achieving the target set out in Article 7a of Directive 98/70/EC, and whether issues with implementation or achievement of the target set out in Article 7a of Directive 98/70/EC have arisen. The Commission shall also assess the extent to which biofuels produced from cereal and other starch-rich crops, sugars and oil crops and from crops grown as main crops primarily for energy purposes on agricultural land are being supplied to meet the target set out in Article 7a of Directive 98/70/EC above the levels that can contribute to the targets in Directive 2009/28/EC. The assessment shall include an evaluation of the indirect land-use change impact and of the cost-effectiveness of the approach taken by the Member States. The report shall, if appropriate, also provide information on availability of financing and other measures to support progress towards achieving the share of 0,5 percentage points in energy content of biofuels produced from feedstocks and of other fuels listed in part A of Annex IX, in the share of energy from renewable sources in all forms of transport in the Union as soon as possible, if technically feasible and economically viable. The report referred to in the first subparagraph shall, if appropriate, be accompanied by legislative proposals, based on the best available scientific evidence, for: (a) introducing adjusted estimated indirect land-use change emissions factors into the appropriate sustainability criteria set out in Directives 98/70/EC and 2009/28/EC; (b) introducing further measures taken to prevent and fight fraud, including additional measures to be taken at Union level; (c) promoting sustainable biofuels after 2020 in a technology-neutral manner, in the context of the 2030 framework for climate and energy policies. 3. The Commission shall, if appropriate in light of the reports by the voluntary schemes in accordance with the second subparagraph of Article 7c(6) of Directive 98/70/EC and the second subparagraph of Article 18(6) of Directive 2009/28/EC, submit a proposal to the European Parliament and to the Council for amending the provisions of those Directives relating to voluntary schemes with a view to promoting best practice. Article 4 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 10 September 2017. They shall immediately inform the Commission thereof. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. On that occasion, Member States shall inform the Commission of their national targets set in accordance with point (e) of Article 3(4) of Directive 2009/28/EC and, where appropriate, of a differentiation of their national target as compared to the reference value referred to therein, and the grounds therefor. In 2020, Member States shall report to the Commission on their respective achievements towards their national targets set in accordance with point (e) of Article 3(4) of Directive 2009/28/EC, specifying the reasons for any shortfall. Article 5 Entry into force This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Article 6 Addressees This Directive is addressed to the Member States. ANNEX I The Annexes to Directive 98/70/EC are amended as follows: (1) Point 7 of Part C of Annex IV, is replaced by the following: ‘7. Annualised emissions from carbon stock changes caused by land-use change, e l , shall be calculated by dividing total emissions equally over 20 years. For the calculation of those emissions, the following rule shall be applied: e l = (CS R – CS A ) × 3,664 × 1/20 × 1/P – e B , ( *2 ) where <table><col/><col/><col/><tr><td><p>e<span>l</span></p></td><td><p>=</p></td><td><p>annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO<span>2</span>-equivalent per unit biofuel energy (megajoules)). &#8220;Cropland&#8221;&#160;(<a><span>*3</span></a>) and &#8220;perennial cropland&#8221;&#160;(<a><span>*4</span></a>) shall be regarded as one land use;</p></td></tr></table> <table><col/><col/><col/><tr><td><p>CS<span>R</span></p></td><td><p>=</p></td><td><p>the carbon stock per unit area associated with the reference land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January 2008 or 20 years before the raw material was obtained, whichever was the later;</p></td></tr></table> <table><col/><col/><col/><tr><td><p>CS<span>A</span></p></td><td><p>=</p></td><td><p>the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CS<span>A</span> shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever is the earlier;</p></td></tr></table> <table><col/><col/><col/><tr><td><p>P</p></td><td><p>=</p></td><td><p>the productivity of the crop (measured as biofuel energy per unit area per year) and</p></td></tr></table> <table><col/><col/><col/><tr><td><p>e<span>B</span></p></td><td><p>=</p></td><td><p>bonus of 29 gCO<span>2eq</span>/MJ biofuel if biomass is obtained from restored degraded land under the conditions provided for in point 8.</p></td></tr></table> (2) The following Annex is added: ‘ANNEX V Part A. Provisional estimated indirect land-use change emissions from biofuels (gCO 2eq /MJ) ( 1 ) <table><col/><col/><col/><tbody><tr><td><p>Feedstock group</p></td><td><p>Mean&#160;<a>(<span>*1</span>)</a></p></td><td><p>Interpercentile range derived from the sensitivity analysis&#160;<a>(<span>*2</span>)</a></p></td></tr><tr><td><p>Cereals and other starch-rich crops</p></td><td><p>12</p></td><td><p>8 to 16</p></td></tr><tr><td><p>Sugars</p></td><td><p>13</p></td><td><p>4 to 17</p></td></tr><tr><td><p>Oil crops</p></td><td><p>55</p></td><td><p>33 to 66</p></td></tr><tr><td><div><a>(<span>*1</span>)&#160;&#160;&#160;</a><p>The mean values included here represent a weighted average of the individually modelled feedstock values.</p></div><div><a>(<span>*2</span>)&#160;&#160;&#160;</a><p>The range included here reflects 90 % of the results using the fifth and ninety-fifth percentile values resulting from the analysis. The fifth percentile suggests a value below which 5 % of the observations were found (i.e. 5 % of total data used showed results below 8, 4, and 33 gCO<span>2eq</span>/MJ). The ninety-fifth percentile suggests a value below which 95 % of the observations were found (i.e. 5 % of total data used showed results above 16, 17, and 66 gCO<span>2eq</span>/MJ).</p></div></td></tr></tbody></table> Part B. Biofuels for which the estimated indirect land-use change emissions are considered to be zero Biofuels produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero: (1) feedstocks which are not listed under Part A of this Annex. (2) feedstocks, the production of which has led to direct land-use change, i.e. a change from one of the following IPCC land cover categories; forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland ( 2 ). In such a case a direct land-use change emission value ( e l ) should have been calculated in accordance with paragraph 7 of Part C of Annex IV. ANNEX II The Annexes to Directive 2009/28/EC are amended as follows: (1) Point 7 of part C of Annex V, is replaced by the following: ‘7. Annualised emissions from carbon stock changes caused by land-use change, e l , shall be calculated by dividing total emissions equally over 20 years. For the calculation of those emissions, the following rule shall be applied: e l = (CS R – CS A ) × 3,664 × 1/20 × 1/P – e B , ( *5 ) where <table><col/><col/><col/><tr><td><p>e<span>l</span></p></td><td><p>=</p></td><td><p>annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO<span>2</span>-equivalent per unit of biofuel or bioliquid energy (megajoules)). &#8220;Cropland&#8221;&#160;(<a><span>*6</span></a>) and &#8220;perennial cropland&#8221;&#160;(<a><span>*7</span></a>) shall be regarded as one land use;</p></td></tr></table> <table><col/><col/><col/><tr><td><p>CS<span>R</span></p></td><td><p>=</p></td><td><p>the carbon stock per unit area associated with the reference land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January 2008 or 20 years before the raw material was obtained, whichever was the later;</p></td></tr></table> <table><col/><col/><col/><tr><td><p>CS<span>A</span></p></td><td><p>=</p></td><td><p>the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CS<span>A</span> shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever the earlier;</p></td></tr></table> <table><col/><col/><col/><tr><td><p>P</p></td><td><p>=</p></td><td><p>the productivity of the crop (measured as biofuel or bioliquid energy per unit area per year) and</p></td></tr></table> <table><col/><col/><col/><tr><td><p>e<span>B</span></p></td><td><p>=</p></td><td><p>bonus of 29 gCO<span>2eq</span>/MJ biofuel or bioliquid if biomass is obtained from restored degraded land under the conditions provided for in point 8.</p></td></tr></table> (2) The following Annex is added: ‘ANNEX VIII Part A. Provisional estimated indirect land-use change emissions from biofuel and bioliquid feedstocks (gCO 2eq /MJ) ( 3 ) <table><col/><col/><col/><tbody><tr><td><p>Feedstock group</p></td><td><p>Mean&#160;<a>(<span>*1</span>)</a></p></td><td><p>Interpercentile range derived from the sensitivity analysis&#160;<a>(<span>*2</span>)</a></p></td></tr><tr><td><p>Cereals and other starch-rich crops</p></td><td><p>12</p></td><td><p>8 to 16</p></td></tr><tr><td><p>Sugars</p></td><td><p>13</p></td><td><p>4 to 17</p></td></tr><tr><td><p>Oil crops</p></td><td><p>55</p></td><td><p>33 to 66</p></td></tr><tr><td><div><a>(<span>*1</span>)&#160;&#160;&#160;</a><p>The mean values included here represent a weighted average of the individually modelled feedstock values.</p></div><div><a>(<span>*2</span>)&#160;&#160;&#160;</a><p>The range included here reflects 90 % of the results using the fifth and ninety-fifth percentile values resulting from the analysis. The fifth percentile suggests a value below which 5 % of the observations were found (i.e. 5 % of total data used showed results below 8, 4, and 33 gCO<span>2eq</span>/MJ). The ninety-fifth percentile suggests a value below which 95 % of the observations were found (i.e. 5 % of total data used showed results above 16, 17, and 66 gCO<span>2eq</span>/MJ).</p></div></td></tr></tbody></table> Part B. Biofuels and bioliquids for which the estimated indirect land-use change emissions are considered to be zero Biofuels and bioliquids produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero: (1) feedstocks which are not listed under part A of this Annex. (2) feedstocks, the production of which has led to direct land-use change, i.e. a change from one of the following IPCC land cover categories: forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland ( 4 ). In such a case a direct land-use change emission value (e l ) should have been calculated in accordance with point 7 of part C of Annex V. (3) The following Annex is added: ‘ANNEX IX Part A. Feedstocks and fuels, the contribution of which towards the target referred to in the first subparagraph of Article 3(4) shall be considered to be twice their energy content: (a) Algae if cultivated on land in ponds or photobioreactors. (b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under point (a) of Article 11(2) of Directive 2008/98/EC. (c) Bio-waste as defined in Article 3(4) of Directive 2008/98/EC from private households subject to separate collection as defined in Article 3(11) of that Directive. (d) Biomass fraction of industrial waste not fit for use in the food or feed chain, including material from retail and wholesale and the agro-food and fish and aquaculture industry, and excluding feedstocks listed in part B of this Annex. (e) Straw. (f) Animal manure and sewage sludge. (g) Palm oil mill effluent and empty palm fruit bunches. (h) Tall oil pitch. (i) Crude glycerine. (j) Bagasse. (k) Grape marcs and wine lees. (l) Nut shells. (m) Husks. (n) Cobs cleaned of kernels of corn. (o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre-commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oil. (p) Other non-food cellulosic material as defined in point (s) of the second paragraph of Article 2. (q) Other ligno-cellulosic material as defined in point (r) of the second paragraph of Article 2 except saw logs and veneer logs. (r) Renewable liquid and gaseous transport fuels of non-biological origin. (s) Carbon capture and utilisation for transport purposes, if the energy source is renewable in accordance with point (a) of the second paragraph of Article 2. (t) Bacteria, if the energy source is renewable in accordance with point (a) of the second paragraph of Article 2. Part B. Feedstocks, the contribution of which towards the target referred to in the first subparagraph of Article 3(4) shall be considered to be twice their energy content: (a) Used cooking oil. (b) Animal fats classified as categories 1 and 2 in accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council ( *8 ) <note> ( *1 ) 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).’. ( *2 ) The quotient obtained by dividing the molecular weight of CO 2 (44,010 g/mol) by the molecular weight of carbon (12,011 g/mol) is equal to 3,664. ( *3 ) Cropland as defined by IPCC. ( *4 ) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.’. ( 1 ) ( + ) The mean values reported here represent a weighted average of the individually modelled feedstock values. The magnitude of the values in the Annex is sensitive to the range of assumptions (such as treatment of co-products, yield developments, carbon stocks and displacement of other commodities) used in the economic models developed for their estimation. Although it is therefore not possible to fully characterise the uncertainty range associated with such estimates, a sensitivity analysis conducted on the results based on a random variation of key parameters, a so-called Monte Carlo analysis, was conducted. ( 2 ) ( ++ ) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.’. ( *5 ) The quotient obtained by dividing the molecular weight of CO 2 (44,010 g/mol) by the molecular weight of carbon (12,011 g/mol) is equal to 3,664. ( *6 ) Cropland as defined by IPCC. ( *7 ) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.’. ( 3 ) ( + ) The mean values reported here represent a weighted average of the individually modelled feedstock values. The magnitude of the values in the Annex is sensitive to the range of assumptions (such as treatment of co-products, yield developments, carbon stocks and displacement of other commodities) used in the economic models developed for their estimation. Although it is therefore not possible to fully characterise the uncertainty range associated with such estimates, a sensitivity analysis conducted on the results based on a random variation of key parameters, a so-called Monte Carlo analysis, was conducted. ( 4 ) ( ++ ) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such as short rotation coppice and oil palm.’. ( *8 ) Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).’. </note>
ENG
02015L1513-20210701
02023D0628(01) — EN — 29.06.2023 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p> COMMISSION DECISION</p><p>of 19&#160;April 2023</p><p><a>on instructing the Central Administrator of the European Union Transaction Log to enter changes to the national aviation allocation table of Italy for 2022 and&#160;2023 into the European Union Transaction Log</a></p><p>(OJ C 226 28.6.2023, p. 6)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a> COMMISSION DECISION &#160;of 15&#160;May 2023 2023/C 227/07</a></p></td><td><p>&#160;&#160;C&#160;227</p></td><td><p>10</p></td><td><p>29.6.2023</p></td></tr></table> COMMISSION DECISION of 19 April 2023 on instructing the Central Administrator of the European Union Transaction Log to enter changes to the national aviation allocation table of Italy for 2022 and 2023 into the European Union Transaction Log 2023/C 226/06 Sole Article The Central Administrator of the European Union Transaction Log shall enter the changes to the national allocation table of Italy set out in Annex I. ANNEX Changes to the national allocation table for the years 2022 and 2023 Member State: Italy <table><col/><col/><col/><col/><tbody><tr><td><p>ETSID</p></td><td><p>Operator name</p></td><td><p>2022</p></td><td><p>2023</p></td></tr><tr><td><p>48643</p></td><td><p>ITALIA TRASPORTO AEREO S.p.A</p></td><td><p>604&#160;612</p></td><td><p><span><a><span>&#9658;M1</span></a></span>&#160;590&#160;698<span>&#160;&#9668;</span></p></td></tr><tr><td><p>34831</p></td><td><p>Alitalia Societ&#224; Aerea Italiana S.p.A.</p></td><td><p>0</p></td><td><p>0</p></td></tr></tbody></table>
ENG
02023D0628(01)-20230629
<table><col/><col/><col/><col/><tbody><tr><td><p>8.4.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 104/80</p></td></tr></tbody></table> COMMISSION RECOMMENDATION of 4 April 2014 on the reduction of the presence of cadmium in foodstuffs (Text with EEA relevance) (2014/193/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Commission Regulation (EC) No&#160;1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs<a>&#160;(<span>1</span>)</a> sets maximum levels for cadmium in a range of foodstuffs.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Scientific Panel on Contaminants in the Food Chain (Contam Panel) of the European Food Safety Authority (EFSA) adopted an opinion on cadmium in food on 30 January 2009<a>&#160;(<span>2</span>)</a>. In this opinion, EFSA established a new Tolerable Weekly Intake (TWI) of 2,5 &#956;g/kg bodyweight. In its statement on the &#8216;Re-assessment of the tolerable weekly intake for cadmium established by the Contam Panel in 2009&#8217;<a>&#160;(<span>3</span>)</a> EFSA took into account the recent risk assessment carried out by the Joint FAO/WHO Expert Committee on Food Additives (JECFA)<a>&#160;(<span>4</span>)</a> and confirmed the TWI of 2,5&#160;&#956;g/kg bodyweight.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>In the scientific opinion the Contam Panel concluded that the mean dietary exposures in European countries are close to or slightly exceeding the TWI of 2,5&#160;&#956;g/kg bodyweight. Certain subgroups of the population may exceed the TWI by about two-fold. The Contam Panel further concluded that, although adverse effects on kidney function are unlikely to occur for an individual exposed at this level, exposure to cadmium at the population level should be reduced.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>According to the scientific opinion of the Contam Panel, the food groups that contribute to the major part of the dietary cadmium exposure, primarily because of the high consumption, were: cereals and cereals products, vegetables, nuts and pulses, starchy roots or potatoes and meat and meat products. Highest cadmium concentrations were detected in the food commodities seaweed, fish and seafood, chocolate and foods for special dietary uses as well as in fungi, oilseeds and edible offal.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Maximum levels for cadmium have been established in 2001 in a range of foodstuffs, including cereals, vegetables, meat, fish, seafood, offals and food supplements. Taking into consideration the recent EFSA conclusions, new maximum levels for baby foods and chocolate/cocoa products have been considered and it is expected that these levels will be adopted shortly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Furthermore, following the scientific opinions on cadmium of the Contam Panel, the Commission also investigated the possibilities to reduce some of the existing maximum levels for cadmium in foodstuffs that are major contributors to exposure (e.g. cereals, vegetables, potatoes).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The Commission considers that an immediate reduction of the maximum levels would be difficult to achieve. Cadmium presence in foodstuffs is not uniform, but highly variable depending for instance on the geographical location of the growing area (different levels of natural cadmium presence in soil due to different distribution in the earth crust), on the availability of cadmium from soil (different extent of transfer from the soil to the plants depending on the pH of the soil and other soil components), different plant varieties with different patterns of cadmium accumulation, but also of anthropogenic factors such as agricultural use of sewage sludge, manure or phosphate fertilisers and other factors. Concerning the presence of cadmium in phosphate fertilisers, on which work is ongoing, the Commission is aware of the need to take action in accordance with its risk reduction strategy for cadmium and cadmium oxide adopted in 2008<a>&#160;(<span>5</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>However, some mitigation methods for reduction of cadmium presence in foods already exist but need some time to be fully implemented by farmers and food business operators. In some cases existing methods need to be specifically adapted to the crops and geographical areas for which they are to be applied and to be better communicated and promoted to farmers in order to achieve reductions in cadmium levels in food in the medium/long term. It is therefore appropriate that Member States take the necessary steps to ensure that the already available mitigation methods are communicated and promoted to farmers and started or continued to be implemented with a view to reducing cadmium levels in food. Where necessary, further research and investigations should be carried out to fill any possible gaps in knowledge on mitigation methods.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The progress of the effects of the measures taken should be regularly monitored and reported to the Commission. Further occurrence data on cadmium should be collected and regularly reported to EFSA to enable the Commission to reassess the situation by 31 December 2018 with a view to deciding about further appropriate measures.</p></td></tr></tbody></table> HAS ADOPTED THIS RECOMMENDATION: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Member States should ensure that available mitigation measures for reduction of cadmium levels in food, in particular in cereals, vegetables and potatoes, are progressively implemented by farmers and food business operators. This includes effective ways of communicating and promoting known mitigation methods to farmers and food business operators.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Member States should ensure that where further knowledge is needed to identify the appropriate mitigation measures, e.g. for a certain crop or in a specific geographical area, investigations/research is carried out to fill these gaps in knowledge.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Member States should regularly monitor the progress of the mitigation measures implemented by collecting occurrence data on cadmium levels in food. Member States should ensure that</p><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>the analytical results are provided on a regular basis to EFSA for compilation into a single database and that</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>a report on the progress with the implementation of this recommendation is provided to the European Commission in December 2015 followed by a final report at the latest in February 2018. In these reports, particular attention should be given to those cadmium levels close to or exceeding the maximum levels.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The sampling and analysis should be performed in accordance with the provisions provided for in Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and polycyclic aromatic hydrocarbons in foodstuffs<a>&#160;(<span>6</span>)</a>.</p></td></tr></tbody></table> Done at Brussels, 4 April 2014. For the Commission Tonio BORG Member of the Commission <note> ( 1 ) OJ L 364, 20.12.2006, p. 5 . ( 2 ) The EFSA Journal (2009) 980, 1-139. ( 3 ) The EFSA Journal (2011);9(2):1975. ( 4 ) WHO Food Additives Series 64, 73rd meeting of the Joint FAO/WHO Expert Committee on Food Additives (JECFA), World Health Organisation, Geneva, 2011. ( 5 ) Communication from the Commission on the results of the risk evaluation and the risk reduction strategies for the substances: cadmium and cadmium oxide ( OJ C 149, 14.6.2008, p. 6 ). ( 6 ) OJ L 88, 29.3.2007, p. 29 . </note>
ENG
32014H0193
<table><col/><col/><col/><col/><tbody><tr><td><p>17.1.2017&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 12/44</p></td></tr></tbody></table> COMMISSION DELEGATED REGULATION (EU) 2017/79 of 12 September 2016 establishing detailed technical requirements and test procedures for the EC type-approval of motor vehicles with respect to their 112-based eCall in-vehicles systems, of 112-based eCall in-vehicle separate technical units and components and supplementing and amending Regulation (EU) 2015/758 of the European Parliament and of the Council with regard to the exemptions and applicable standards (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015 concerning type-approval requirements for the deployment of the eCall in-vehicle system based on the 112 service and amending Directive 2007/46/EC ( 1 ) , and in particular Article 2(2), Article 5(8) and (9) and Article 6(12) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Regulation (EU) 2015/758 lays down a general obligation for new types of vehicles of categories M<span>1</span> and N<span>1</span> to be equipped with 112-based eCall in-vehicle systems as of 31 March 2018.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>It is necessary to set out the detailed technical requirements and test procedures for the approval of motor vehicles with respect to their 112-based eCall in-vehicle systems. The test procedures also allow for testing and approval of 112-based eCall in-vehicle separate technical units (&#8216;STUs&#8217;) and components intended for fitment in motor vehicles or for integration in 112-based eCall in-vehicle systems.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Tests should be carried out by technical services in their capacity as foreseen in Directive 2007/46/EC of the European Parliament and of the Council&#160;<a>(<span>2</span>)</a> that establishes the general framework for the EC type-approval of motor vehicles and defines the roles and responsibilities of all the actors involved at different stages of the approval process.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Tests and requirements should be designed in such a way that duplicated testing is avoided. In addition, some flexibility is required regarding special purpose vehicles that are built in multiple stages in accordance with Directive 2007/46/EC as they are exempted from the frontal and lateral collision requirements under UNECE Regulations 94 and 95. For that reason, the approval granted at a previous stage of the process to the base vehicle with respect to the 112-based eCall in-vehicle system should remain valid, unless the system or its sensors were modified after the approval.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>There are cases where certain classes of vehicles cannot for technical reasons be fitted with an appropriate eCall triggering mechanism and should be exempted from the requirements of Regulation (EU) 2015/758. Following an assessment of the costs and benefits carried out by the Commission and taking into account the relevant safety and technical aspects, those classes of vehicles are identified and included in a list established in Annex IX.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The 112-based eCall in-vehicle system needs to remain functional after a severe accident. An automatic eCall is most beneficial in a high-severity collision where the risk of occupants of the vehicle being incapacitated and not able to call for assistance without an eCall system is highest. The 112-based eCall in-vehicle systems, components and STUs should therefore be tested to verify their sustained functionality after being subjected to inertial loads similar to those that may occur during a severe vehicle crash.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The post-crash functioning and automatic triggering of the 112-based eCall in-vehicle system should also be ensured at vehicle level. A full-scale impact test procedure should therefore be set out to verify that the vehicle is constructed in such a way that its 112-based eCall in-vehicle system survives a frontal and side collision in its original mounting situation and configuration.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The core functionality of a 112-based eCall in-vehicle system is not only to notify the Public Safety Answering Point (&#8216;PSAP&#8217;) of an accident, but also to establish a voice connection between occupants of the vehicle and a PSAP operator. The audio equipment of the 112-based eCall in-vehicle system should therefore be tested after the full-scale crash tests to guarantee that it does not suffer loudness reduction or distortions that make voice communication impossible.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>Where a 112-based eCall in-vehicle system is approved for use in conjunction with a system providing third party services (&#8216;TPS system&#8217;), it should be ensured that only one of those systems is active at a time and that the 112-based eCall in-vehicle system is triggered automatically when the TPS system does not function. The manufacturer of vehicles fitted with 112-based eCall in-vehicle system and TPS system should explain the fall-back procedure built-in the TPS system and describe the principles of the changeover mechanism between the TPS system and the 112-based eCall in-vehicle system.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>To ensure the provision of accurate and reliable position information, the 112-based eCall in-vehicle system should be able to use the positioning services provided by the Galileo and the EGNOS systems.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>The 112-based eCall in-vehicle system should warn the occupants of a vehicle in the event the system is unable to execute an emergency call. A procedure should therefore be set out for the verification of the self-testing of the system and of its compliance with the malfunction indication requirements.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>Manufacturers should ensure that the 112-based eCall in-vehicle systems are not traceable and not subject to any constant tracking. For that purpose, a test procedure should be set out to verify that the 112-based eCall in-vehicle system is not available for communication with the PSAP before the eCall is triggered.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>Any data processed through the 112-based eCall in-vehicle system must be adequate, relevant and proportionate to the purposes for which those data are collected and processed. To that end, appropriate procedures should be laid down to verify that the data in the internal memory of the system are automatically and continuously removed and are not retained longer than necessary for the purpose of handling the emergency call.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>The versions of the applicable standards on which the requirements for eCall are based should be updated.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>Vehicle manufacturers should be given sufficient time to adapt to the technical requirements for the approval of 112-based eCall in-vehicle systems. The Member States should also be given sufficient time to deploy on their territory the PSAP infrastructure required for the proper receipt and handling of emergency calls. For that reason, the date of application of this Regulation should be the same as the date of compulsory application of the 112-based eCall in-vehicle systems in accordance with Regulation (EU) 2015/758,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Subject matter This Regulation establishes detailed technical requirements and test procedures for the EC type-approval of the vehicles referred to in Article 2 of Regulation (EU) 2015/758 in respect of their 112-based eCall in-vehicle systems and of 112-based eCall in-vehicle separate technical units (‘STUs’) and components. Article 2 Classes of vehicles exempted from the requirement to be equipped with a 112-based eCall in-vehicle system The classes of vehicles which for technical reasons cannot be fitted with an appropriate eCall triggering mechanism and for that reason are exempted from the requirement to be equipped with a 112-based eCall in-vehicle system are listed in Annex IX. Article 3 Multi-stage approval of special purpose vehicles In case of multi-stage type-approval of the special purpose vehicles defined in points 5.1 and 5.5 of part A of Annex II to Directive 2007/46/EC, the type-approval granted at a previous stage in respect of the installation of a 112-based eCall in-vehicle system in the (base) vehicle shall remain valid, provided that the 112-based eCall in-vehicle system and the relevant sensors are not modified. Article 4 Definitions For the purposes of this Regulation the following definitions shall apply: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>&#8216;vehicle type with regard to the installation of a 112-based eCall in-vehicle system&#8217; means motor vehicles that do not differ in such essential respects as the characteristics of the integration within the vehicle as well as the functionality and capability of essential hardware deploying an in-vehicle emergency call.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>&#8216;type of 112-based eCall in-vehicle STU&#8217; means a combination of specific hardware which does not differ in such essential respects as the characteristics, functionality and capability of deploying an in-vehicle emergency call when installed in a motor vehicle.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>&#8216;type of 112-based eCall in-vehicle system component&#8217; means specific hardware which does not differ in such essential respects as the characteristics, functionality and capability of facilitating the deployment of an in-vehicle emergency call when integrated in a 112-based eCall in-vehicle STU or 112-based eCall in-vehicle system.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>&#8216;representative arrangement of parts&#8217; means all parts required by the 112-based eCall in-vehicle system to successfully populate and transmit in an in-vehicle emergency call the minimum set of data referred to in the standard EN 15722:2015 &#8216;Intelligent transport systems &#8212; eSafety &#8212; eCall minimum set of data&#8217; (&#8216;MSD&#8217;) including the control module, the power source, the mobile network communication module, the Global Navigation Satellite System receiver and the external Global Navigation Satellite System antenna and their connectors and wiring;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>&#8216;control module&#8217; means a component of the e-Call in-vehicle system designed to ensure the combined functioning of all modules, components and features of the system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>&#8216;power source&#8217; means the component that supplies power to the 112-based e-Call in-vehicle system, including a back-up source if fitted, which feeds the system after the test referred to in point 2.3 of Annex I;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>&#8216;eCall log file&#8217; means any record generated at the moment of an automatic or manual eCall activation which is stored within the internal memory of the 112-based eCall in-vehicle system and consists only of the MSD;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>&#8216;Global Navigation Satellite System&#8217; (&#8216;GNSS&#8217;) means an infrastructure composed of a constellation of satellites and a network of ground stations, which provides accurate timing and geolocation information to users having an appropriate receiver;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>&#8216;Satellite-Based Augmentation System&#8217; (&#8216;SBAS&#8217;) means a regional navigation satellite system for monitoring and correcting signals emitted by existing global satellite navigation systems, giving the users better performance in terms of accuracy and integrity;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>&#8216;cold start mode&#8217; means the condition of a GNSS receiver when position, velocity, time, almanac and ephemeris data are not stored in the receiver and therefore the navigation solution is to be calculated by means of a full sky search;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>&#8216;up-to-date location&#8217; means the last known vehicle position determined at the latest moment possible before generation of the MSD.</p></td></tr></tbody></table> Article 5 Requirements and test procedures for EC type-approval of motor vehicles with regard to the installation of 112-based eCall in-vehicle systems 1. EC type-approval of a vehicle with regard to the installation of a 112-based eCall in-vehicle system shall be subject to the vehicle and its system passing the tests laid down in Annexes I to VIII and complying with the relevant requirements laid down in those Annexes. 2. Where the motor vehicle is fitted with a type of 112-based eCall in-vehicle STU that has been type-approved in accordance with Article 7, the vehicle and its system shall have to pass the tests laid down in Annexes II, III and V and to comply with all relevant requirements laid down in those Annexes. 3. Where the 112-based eCall in-vehicle system of the motor vehicle comprises one or more components that have been type-approved in accordance with Article 6, the motor vehicle and its system shall have to pass the tests laid down in Annexes I to VIII and to comply with all relevant requirements laid down in those Annexes. The assessment of whether the system complies with those requirements may however partly be based on the results of the tests referred to in Article 6(3). Article 6 Requirements and test procedures for EC type-approval of 112-based eCall in-vehicle system components 1. EC type-approval of a 112-based eCall in-vehicle system component shall be subject to the component passing the tests laid down in Annex I and complying with the relevant requirements in that Annex. 2. For the purposes of paragraph 1, only the verification procedure for components laid down in point 2.8 of Annex I shall apply after the individual parts are subjected to the test referred to in point 2.3 of this Annex. 3. Upon request of the manufacturer, a component may additionally be tested by the technical service for compliance with the requirements set out in Annexes IV, VI and VII that are relevant to the functionalities of the component. Compliance with those requirements shall be indicated on the type-approval certificate issued in accordance with Article 3(3) of Commission Implementing Regulation (EU) 2017/78 ( 3 ) . Article 7 Requirements and test procedures for EC type-approval of 112-based eCall in-vehicle STUs 1. EC type-approval of a 112-based eCall in-vehicle STU shall be subject to the STU passing the tests laid down in Annexes I, IV, VI, VII and VIII and complying with the relevant requirements laid down in those Annexes. 2. Where the 112-based eCall in-vehicle STU comprises one or more components that have been type-approved in accordance with Article 6, the STU shall have to pass the tests laid down in Annexes I, IV, VI, VII and VIII and to comply with all relevant requirements laid down in those Annexes. The assessment of whether the STU complies with those requirements may however partly be based on the results of the test referred to in Article 6(3). Article 8 Obligations of the Member States Member States shall refuse to grant EC type-approval for new types of motor vehicles that do not comply with the requirements set out in this Regulation. Article 9 Amendments to Regulation (EU) 2015/758 The second subparagraph of Article 5(8) of Regulation (EU) 2015/758 is replaced by the following: ‘The technical requirements and tests referred to in the first subparagraph shall be based on the requirements set out in paragraphs 2 to 7 and on the available standards relating to eCall, where applicable, including: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>EN 16072:2015 &#8220;Intelligent transport systems &#8212; eSafety &#8212; Pan-European eCall operating requirements&#8221;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>EN 16062:2015 &#8220;Intelligent transport systems &#8212; eSafety &#8212; eCall high level application requirements (HLAR)&#8221;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>EN 16454:2015 &#8220;Intelligent transport systems &#8212; ESafety &#8212; Ecall end to end conformance testing&#8221;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>EN 15722:2015 &#8220;Intelligent transport systems &#8212; eSafety &#8212; eCall minimum set of data (MSD)&#8221;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>EN 16102:2011 &#8220;Intelligent transport systems &#8212; eCall &#8212; Operating requirements for third party support&#8221;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>any additional European standards relating to the eCall system adopted in conformity with the procedures laid down in Regulation (EU) No 1025/2012 of the European Parliament and of the Council<a>&#160;(<span>*1</span>)</a>, or Regulations of the United Nations Economic Commission for Europe (UNECE Regulations) relating to eCall systems to which the Union has acceded.</p></td></tr></tbody></table> Article 10 Entry into force and 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 31 March 2018. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 September 2016. For the Commission The President Jean-Claude JUNCKER ( 1 ) OJ L 123, 19.5.2015, p. 77 . ( 2 ) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) ( OJ L 263, 9.10.2007, p. 1 ). ( 3 ) Commission Implementing Regulation (EU) 2017/78 of 15 July 2016 establishing administrative provisions for the EC type-approval of motor vehicles with respect to their 112-based eCall in-vehicle systems and uniform conditions for the implementation of Regulation (EU) 2015/758 of the European Parliament and of the Council with regard to the privacy and data protection of users of such systems (see page 26 of this Official Journal). TABLE OF CONTENTS <table><col/><col/><tbody><tr><td>ANNEX I &#8212; Technical requirements and procedures for testing the resistance of eCall in-vehicle systems to severe crashes (high-severity deceleration test)</td><td>51</td></tr></tbody></table> <table><col/><col/><tbody><tr><td>ANNEX II &#8212; Full-scale impact test assessment</td><td>58</td></tr></tbody></table> <table><col/><col/><tbody><tr><td>ANNEX III &#8212; Crash resistance of audio equipment</td><td>60</td></tr></tbody></table> <table><col/><col/><tbody><tr><td>ANNEX IV &#8212; Co-existence of third party services (TPS) with the 112-based eCall in-vehicle systems</td><td>65</td></tr></tbody></table> <table><col/><col/><tbody><tr><td>ANNEX V &#8212; Automatic triggering mechanism</td><td>67</td></tr></tbody></table> <table><col/><col/><tbody><tr><td>ANNEX VI &#8212; Technical requirements for compatibility of eCall in-vehicle systems with the positioning services provided by the Galileo and the EGNOS systems</td><td>68</td></tr></tbody></table> <table><col/><col/><tbody><tr><td>ANNEX VII &#8212; In-vehicle system self-test</td><td>80</td></tr></tbody></table> <table><col/><col/><tbody><tr><td>ANNEX VIII &#8212; Technical requirements and test procedures related to privacy and data protection</td><td>82</td></tr></tbody></table> <table><col/><col/><tbody><tr><td>ANNEX IX &#8212; Classes of vehicles referred to in Article 2</td><td>86</td></tr></tbody></table> ANNEX I Technical requirements and procedures for testing the resistance of eCall in-vehicle systems to severe crashes (high-severity deceleration test) 1. Requirements 1.1. Performance requirements 1.1.1. The high-severity deceleration test of eCall in-vehicle systems, STUs and components, carried out in accordance with point 2, shall be considered satisfactory if the following requirements are demonstrated post-deceleration/acceleration event. 1.1.2. MSD emission and encoding: The eCall system or representative arrangement shall be able to successfully transmit an MSD to a PSAP test point. 1.1.3. Incident time determination: The eCall system or representative arrangement shall be able to determine an up-to-date timestamp for an eCall incident. 1.1.4. Position determination: The eCall system or representative arrangement shall be able to determine accurately the up-to-date vehicle location. 1.1.5. Mobile network connectivity: The eCall system or representative arrangement shall be able to connect to and transmit data via the mobile network. 2. Test procedure 2.1. Purpose of the high-severity deceleration test procedure The purpose of this test is to verify the sustained functionality of the 112-based eCall system after being subjected to inertial loads which may occur during a severe vehicle crash. 2.2. The following tests shall be performed on a representative arrangement of parts (without a vehicle body). 2.2.1. A representative arrangement shall include all parts required by the eCall system to successfully populate and transmit the MSD in an eCall. 2.2.2. This shall include the control module and the power source and any other parts required to perform the test eCall. 2.2.3. This shall include the external antenna for mobile communication. 2.2.4. The wiring harness may be represented only by the relevant connectors (connected to the tested components) and a length of wire. The length of the wiring harness and its eventual fixation can be decided by the manufacturer in agreement with the technical service referred to in Article 3(31) of Directive 2007/46/EC so that it is representative for the different installation configurations of the eCall system. 2.3. Deceleration/acceleration procedure 2.3.1. The following conditions shall apply: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>The test shall be conducted at an ambient temperature of 20&#160;&#177;&#160;10&#160;&#176;C.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>At the beginning of the test, the power supply shall be charged sufficiently to allow performing the subsequent verification tests.</p></td></tr></tbody></table> 2.3.2. The tested parts shall be connected to the test fixture by the intended mountings provided for the purpose of attaching them to a vehicle. If the intended mountings of the power source are specifically designed to break in order to release the power source in an impact event, they shall not be included in the test. The technical service shall verify that such release in a real-life high-severity crash event shall not impair the functionality of the system (e.g. no disconnection from the power source). 2.3.3. If additional brackets or fixtures are used as part of the deceleration/acceleration facility, these shall provide a sufficiently rigid connection to the deceleration/acceleration facility to not affect the outcome of the test. 2.3.4. The eCall system shall be decelerated or accelerated in compliance with the pulse corridor that is specified in the Table and Figure. The acceleration/deceleration shall be measured at a rigid part of the deceleration/acceleration facility and filtered at CFC-60. 2.3.5. The test pulse shall be within the minimum and maximum values as specified in the Table. The maximum velocity change ΔV shall be 70 km/h [+ 0/– 2 km/h]. However, if with the agreement of the manufacturer, the test was performed at a higher acceleration or deceleration level, a higher ΔV and/or longer duration the test shall be considered satisfactory. 2.3.6. The parts referred to in point 2.2 shall be tested in a worst case configuration. Their position and orientation on the sled shall correspond to the installation recommendations of the manufacturer and shall be indicated in the type-approval certificate issued under Implementing Regulation (EU) 2017/78. 2.3.7. Description of the test pulse Figure Minimum and maximum curve of the test pulse (pulse corridor) Acceleration/Decceleration [g] Time [ms] Table Acceleration/deceleration values of the minimum and maximum curve of the test pulse <table><col/><col/><col/><tbody><tr><td><p>Point</p></td><td><p>Time (ms)</p></td><td><p>Acceleration/Deceleration (g)</p></td></tr><tr><td><p>A</p></td><td><p>10</p></td><td><p>0</p></td></tr><tr><td><p>B</p></td><td><p>34</p></td><td><p>65</p></td></tr><tr><td><p>C</p></td><td><p>38</p></td><td><p>65</p></td></tr><tr><td><p>D</p></td><td><p>46</p></td><td><p>0</p></td></tr><tr><td><p>E</p></td><td><p>0</p></td><td><p>16</p></td></tr><tr><td><p>F</p></td><td><p>25</p></td><td><p>77</p></td></tr><tr><td><p>G</p></td><td><p>47</p></td><td><p>77</p></td></tr><tr><td><p>H</p></td><td><p>60</p></td><td><p>0</p></td></tr></tbody></table> 2.4. Verification procedure 2.4.1. Verify that no cable connectors were unplugged during the event. 2.4.2. The performance requirements shall be verified by performing a test call using the power source subjected to the high-severity deceleration. 2.4.3. Before performing the test call, ensure that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the eCall system receives (real or simulated) GNSS signals to an extent representative of open sky conditions;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the eCall system has had sufficient time in a powered state to achieve a GNSS position fix;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>one of the connection procedures defined in point 2.7, as agreed between the technical service and the manufacturer, will be applied for any test call;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the dedicated PSAP test point is available to receive an eCall emitted by the 112-based system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>a false eCall to a genuine PSAP cannot be made over the live network; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>if applicable, the TPS system is deactivated or will automatically switch to the 112-based system.</p></td></tr></tbody></table> 2.4.4. Perform a test call (push mode) by applying a trigger according to the instructions of the manufacturer. 2.4.5. Verify each of the following items: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Verify that an MSD was received by the PSAP test point. This shall be verified by a record of the PSAP test point showing that an MSD emitted from the eCall system following the trigger was received and successfully decoded. If the MSD decoding failed at redundancy version MSD rv0 but was successful at a higher redundancy version or in robust modulator mode, as defined in ETSI/TS 126 267, this is acceptable.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Verify that the MSD contained an up-to-date timestamp. This shall be verified by a test record showing that the timestamp contained in the MSD received by the PSAP test point does not deviate from the exact recorded time of the trigger activation by more than 60 seconds. The transmission may be repeated if the eCall system failed to achieve a GNSS position fix before the test.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Verify that the MSD contained an accurate, up-to-date location. This shall be verified in accordance with the Vehicle Location Test Procedure as defined in point 2.5 by a test record showing that the deviation between IVS location and true location, d_IVS, is less than 150 metres and the confidence bit transmitted to the PSAP test point indicates 'position can be trusted'.</p></td></tr></tbody></table> 2.4.6. Clear down the test call using the appropriate PSAP test point command (e.g. hang up). 2.5. Positioning test procedure 2.5.1. The sustained functionality of the GNSS components shall be verified by comparing the location input and the location output of the system. 2.5.2. The ‘IVS location’ (φ IVS , λ IVS ) shall be: The location contained in an MSD transmitted to a PSAP test point while the GNSS antenna is in open sky conditions (real or simulated). 2.5.3. The ‘true location’ (φ true , λ true ) shall be: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the actual location of the GNSS antenna (known location or determined with another means than the eCall system), when using real GNSS signals; or</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the simulated location, when using simulated GNSS signals.</p></td></tr></tbody></table> 2.5.4. The deviation between IVS location and true location, d IVS shall be calculated using the following equations: <table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#916;&#966; = &#966;<span>IVS</span> &#8211; &#966;<span>true</span></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#916;&#955; = &#955;<span>IVS</span> &#8211; &#955;<span>true</span></p></td></tr></tbody></table> where: Δφ : Difference in latitude (in radian) Δλ : Difference in longitude (in radian) Note: ; 1 mas = 4,8481368 · 10 – 9 rad φ m : Mean latitude (in unit suitable for the cosine calculation) R : Radius of the earth (mean) = 6 371 009 metres 2.5.5. The positioning test procedure may be repeated if the eCall system failed to achieve a GNSS position fix before the test. 2.6. Antenna test procedure 2.6.1. If the connection procedure applied for the test call did not make use of over-the-air data transmission, the sustained functionality of the mobile network antenna shall be verified by checking the antenna tuning status after the deceleration event according to the following procedure. 2.6.2. Measure the voltage standing wave ratio,, of the external mobile network antenna after the deceleration event at a frequency within the antenna's specified frequency band. 2.6.2.1. The measurement shall be performed with a power meter, antenna analyser or SWR meter as close as possible to the antenna feed point. 2.6.2.2. If a power meter is used, shall be calculated using the following equation: where: P f : Forward measured power P r : Reverse/reflected measured power 2.6.3. Verify that satisfies the specifications prescribed by the manufacturer for new antennas. 2.7. Connection procedures 2.7.1. Simulated Mobile Network Procedure 2.7.1.1. It shall be ensured that a TS12 call emitted by the 112-based system will be performed over-the-air via a non-public (i.e. simulated) mobile network and routed to the dedicated PSAP test point. 2.7.1.2. The dedicated PSAP test point during the test procedures shall be a PSAP simulator under the control of the technical service, compliant with the applicable EN standards and certified in accordance with EN 16454. It shall be equipped with an audio interface to allow voice communication tests. 2.7.1.3. If applicable, it shall be ensured that a TS11 call emitted by the TPS system will be performed over-the-air via a non-public (i.e. simulated) mobile network and routed to the TPSP test point. 2.7.1.4. The TPSP test point shall be a dedicated TPSP answering point simulator under the control of the technical service or a genuine TPSP answering point (permission by TPSP required). 2.7.1.5. Mobile network coverage of at least – 99 dBm or equivalent is recommended for this procedure. 2.7.2. Public Mobile Network Procedure 2.7.2.1. It shall be ensured that a TS11 call to a long number will be emitted by the 112-based system (instead of a TS12 call) and will be performed over-the-air via a public mobile network and routed to the dedicated PSAP test point. 2.7.2.2. The dedicated PSAP test point during the test procedures shall be a PSAP simulator under the control of the technical service, compliant with the applicable EN standards and certified in accordance with EN 16454. It shall be equipped with an audio interface to allow voice communication tests. 2.7.2.3. If applicable, it shall be ensured that a TS11 call emitted by the TPS system will be performed over-the-air via a public mobile network and routed to the TPSP test point. 2.7.2.4. The TPSP test point shall be a dedicated TPSP answering point simulator under the control of the technical service or a genuine TPSP answering point (permission by TPSP required). 2.7.2.5. Mobile network coverage of at least – 99 dBm or equivalent is recommended for this procedure. 2.7.3. Wired Transmission Procedure 2.7.3.1. It shall be ensured that a TS12 call emitted by the 112-based system will only be performed via a wired connection with a dedicated network simulator (bypassing any mobile network antenna) and routed to the dedicated PSAP test point. 2.7.3.2. The dedicated PSAP test point during the test procedures shall be a PSAP simulator under the control of the technical service, compliant with the applicable EN standards and certified in accordance with EN 16454. It shall be equipped with an audio interface to allow voice communication tests. 2.7.3.3. If applicable, it shall be ensured that a TS11 call emitted by the TPS system will be performed via a wired connection with a dedicated network simulator (bypassing any mobile network antenna) and routed to the dedicated TPSP test point. 2.7.3.4. The TPSP test point shall be a dedicated TPSP answering point simulator under the control of the technical service or a genuine TPSP answering point (permission by TPSP required). 2.8. Verification procedures for components 2.8.1. These procedures shall apply for the purposes of type-approval of a 112-based eCall in-vehicle system component in accordance with Article 5 of this Regulation. 2.8.1.1. These procedures shall apply after the individual parts are subjected to the deceleration test under point 2.3 of this Annex. 2.8.2. Control module including its connectors and wire harness as described in point 2.2.4 of this Annex. 2.8.2.1. Verify that no cable connectors are unplugged during the event. 2.8.2.2. The performance requirements shall be verified by performing a test call. 2.8.2.3. Before performing the test call, ensure that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the eCall system receives (real or simulated) GNSS signals to an extent representative of open sky conditions;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the eCall system has had sufficient time in a powered state to achieve a GNSS position fix;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>one of the connection procedures defined in point 2.7, as agreed between the technical service and the manufacturer, will be applied for any test call;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the dedicated PSAP test point is available to receive an eCall emitted by the 112-based system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>a false eCall to a genuine PSAP cannot be made over the live network; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>if applicable, the TPS system is deactivated or will automatically switch to the 112-based system.</p></td></tr></tbody></table> 2.8.2.4. Perform a test call (push mode) by applying a trigger according to the instructions of the manufacturer. 2.8.2.5. Verify each of the following items: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Verify that an MSD was received by the PSAP test point. This shall be verified by a record of the PSAP test point showing that an MSD emitted from the eCall system following the trigger was received and successfully decoded. If the MSD decoding failed at redundancy version MSD rv0 but was successful at a higher redundancy version or in robust modulator mode, as defined in ETSI/TS 126 267, this is acceptable.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Verify that the MSD contained an up-to-date timestamp. This shall be verified by a test record showing that the timestamp contained in the MSD received by the PSAP test point does not deviate from the exact recorded time of the trigger activation by more than 60 seconds. The transmission may be repeated if the eCall system failed to achieve a GNSS position fix before the test.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Verify that the MSD contained an accurate, up-to-date location. This shall be verified in accordance with the Vehicle Location Test Procedure as defined in point 2.5 by a test record showing that the deviation between IVS location and true location, d<span>IVS</span>, is less than 150 metres and the confidence bit transmitted to the PSAP test point indicates &#8216;position can be trusted&#8217;.</p></td></tr></tbody></table> 2.8.2.6. Clear down the test call using the appropriate PSAP test point command (e.g. hang up). 2.8.3. Mobile network antenna including its connectors and wire harness as described in point 2.2.4 of this Annex 2.8.3.1. Verify that no cable connectors were unplugged during the event. 2.8.3.2. Measure the voltage standing wave ratio, VSWR, of the external mobile network antenna after the deceleration event at a frequency within the antenna's specified frequency band. 2.8.3.3. The measurement shall be performed with a power meter, antenna analyser or SWR meter as close as possible to the antenna feed point. 2.8.3.4. If a power meter is used, VSWR shall be calculated using the following equation: where: P f : Forward measured power P r : Reverse/reflected measured power 2.8.3.5. Verify that VSWR satisfies the specifications prescribed by the manufacturer for new antennas. 2.8.4. Power supply (if not part of the control module) including its connectors and wire harness as described in point 2.2.4 of this Annex 2.8.4.1. Verify that no cable connectors are unplugged during the event. 2.8.4.2. Measure if the voltage corresponds to the manufacturer's specification. ANNEX II Full-scale impact test assessment 1. Requirements 1.1. Performance requirements 1.1.1. The full-scale impact assessment of vehicles with eCall in-vehicle systems installed, carried out in accordance with point 2, shall be considered satisfactory if the following requirements are demonstrated post-impact. 1.1.2. Automatic triggering: The eCall system shall automatically initiate an eCall after an impact in accordance with UN Regulation No 94 (Annex 3) as well as UN Regulation No 95 (Annex 4), as applicable. 1.1.3. Call status indication: The eCall system shall inform the occupants about the current status of the eCall (status indicator) using a visual and/or audible signal. 1.1.4. MSD emission and encoding: The eCall system shall be able to successfully transmit an MSD to a PSAP test point via the mobile network. 1.1.5. Vehicle-specific data determination: The eCall system shall be able to populate accurately the mandatory vehicle-specific data fields of the MSD. 1.1.6. Position determination: The eCall system shall be able to determine accurately the up-to-date vehicle location. 2. Test procedure 2.1. Purpose of the full-scale impact test procedure The purpose of this test is to verify the automatic triggering function and the sustained functionality of the 112-based eCall in-vehicle system in vehicles that are subjected to a frontal impact or a side impact. 2.2. The following tests shall be performed on a vehicle with an eCall in-vehicle system installed. 2.3. Impact test procedure 2.3.1. Impact tests shall be carried out in accordance with the tests defined in UN Regulation No 94, Annex 3 for frontal impact as well as UN Regulation No 95, Annex 4 for side impact, as applicable. 2.3.2. The test conditions defined in UN Regulation No 94 or UN Regulation No 95 shall apply. 2.3.3. Before performing the impact tests, ensure that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the in-vehicle power source, if installed for the test, is charged according to the specifications of the manufacturer at the beginning of the test to allow performing the subsequent verification tests;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the automatic eCall is enabled and armed and that the vehicle ignition or master control switch is activated;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>one of the connection procedures defined in point 2.7, as agreed between the technical service and the manufacturer, will be applied for any test call;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the dedicated PSAP test point is available to receive an eCall emitted by the 112-based system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>a false eCall to a genuine PSAP cannot be made over the live network; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>if applicable, the TPS system is deactivated or will automatically switch to the 112-based system.</p></td></tr></tbody></table> 2.4. Verification procedure 2.4.1. The performance requirements shall be verified by performing a test call from the vehicle after the impact using the 112-based eCall in-vehicle system: An automatically triggered eCall following the impact test. 2.4.2. Perform a test call (push mode) by applying an automatic trigger. 2.4.3. Verify each of the following items in at least one of the test calls: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Verify that an eCall was triggered automatically by the full-scale impact event. This shall be verified by a record of the PSAP test point showing that it received an eCall initiation signal following the impact event and that the MSD control indicator was set to &#8216;automatically initiated eCall&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Verify that the eCall status indicator indicated an eCall sequence following the automatic or manual trigger. This shall be verified by a record showing that an indication sequence was performed on all sensory channels specified in the manufacturer's documentation (visual and/or audible).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Verify that an MSD was received by the PSAP test point. This shall be verified by a record of the PSAP test point showing that an MSD emitted from the vehicle following the automatic or manual trigger was received and successfully decoded. If the MSD decoding failed at redundancy version MSD rv0 but was successful at a higher redundancy version or in robust modulator mode, as defined in ETSI/TS 126 267, this is acceptable.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Verify that the MSD contained accurate vehicle-specific data. This shall be verified by a record of the PSAP test point showing that the information transmitted in the fields regarding vehicle type, vehicle identification number (VIN) and vehicle propulsion storage type does not deviate from the information specified in the type-approval application.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>Verify that the MSD contained an accurate, up-to-date location. This shall be verified in accordance with the Vehicle Location Test Procedure as defined in point 2.5 of Annex I to this Regulation by a test record showing that the deviation between IVS location and true location, d_IVS, is less than 150 metres and the confidence bit transmitted to the PSAP test point indicates &#8216;position can be trusted&#8217;. If no GNSS signals are available at the impact test location, the vehicle can be moved to an appropriate location before performing the test call.</p></td></tr></tbody></table> 2.4.4. Clear down the test call using the appropriate PSAP test point command (e.g. hang up). 2.4.5. If the automatic test call could not be performed successfully due to vehicle-external factors, it shall be permissible to verify the automatic trigger following the impact via the internal record transaction function of the in-vehicle system. This register shall be capable to store received trigger signals in non-volatile memory. The test engineer shall have access to the data stored in the in-vehicle system and shall verify that no record of automatic trigger signal is stored before the impact event and that a record of an automatic trigger signal is stored after the impact event. 2.4.6. If the test call was performed with the vehicle connected to an off-vehicle power supply (in cases where the impact test was carried out with the standard vehicle power supply not installed), verify that the on-board electrical system feeding the eCall in-vehicle system remained intact. This shall be verified by a record of a test engineer confirming a successful check of the integrity of the on-board electrical system including the dummy in-vehicle power source (visual inspection for mechanical damage to either the power source's mounting bracket or its structure) and the connections via its terminals. 2.5. Positioning test procedure The positioning test procedure defined in point 2.5 of Annex I to this Regulation shall apply. 2.6. Antenna test procedure 2.6.1. If the connection procedure applied for the test call did not make use of over-the-air data transmission (point 2.7.3 of Annex I to this Regulation), the sustained functionality of the mobile network antenna shall be verified by checking the antenna tuning status after the full-scale impact test according to the procedure defined in point 2.6 of Annex I to this Regulation. In addition, it shall be verified that no wire breakage or short-circuit of the antenna feed line occurred by checking the electrical resistance between the end points of the wire and between the wire and vehicle ground. 2.7. Connection procedures The connection procedures defined in point 2.7 of Annex I to this Regulation shall apply. ANNEX III Crash resistance of audio equipment 1. Requirements 1.1. Performance requirements 1.1.1. The assessment of the crash resistance of the eCall audio equipment of vehicles with eCall in-vehicle systems installed, carried out in accordance with point 2, shall be considered satisfactory if the following requirements are demonstrated post-impact as regards the frontal impact test as well as the side impact test, as applicable. 1.1.2. Reconnection of audio equipment: The eCall system shall reconnect the loudspeaker(s) and microphone(s) after being disconnected during an eCall for MSD transmission. 1.1.3. Voice communication: The eCall system shall allow hands-free voice communication (send and receive direction) of sufficient intelligibility between vehicle occupants and an operator. 2. Test procedure 2.1. Purpose of the audio equipment crash resistance test procedure The purpose of this test is to verify that loudspeaker(s) and microphone(s) are successfully reconnected after being disconnected for MSD transmission and that the audio equipment remained functional after the vehicle has been subjected to the frontal impact or the side impact test. 2.2. The following verification test shall be performed on a vehicle with the eCall in-vehicle system installed that has been subjected to a full-scale impact according to Regulation No 94, Annex 3 for frontal impact or UN Regulation No 95, Annex 4 for side impact, as set out in point 1.1.1 above. 2.3. Overview of test procedure 2.3.1. The sustained functionality of the audio equipment shall be verified by performing a test call after the impact test and using the voice communication channel between the vehicle and the PSAP test point. 2.3.2. Two test engineers, positioned in the vehicle (near-end tester) and at the PSAP test point (far-end tester) respectively, successively transmit (read and listen) pre-defined, phonetically balanced sentences in single talk mode. 2.3.3. The testers are required to assess whether they were able to understand the meaning of the transmission in the send and receive directions. 2.4. Arrangement of testers 2.4.1. The test shall be performed in a quiet environment, with a background noise level of not more than 50 dB(A) and that is free from any noise sources that might otherwise disrupt the tests. 2.4.2. The near-end tester shall be positioned so that his head is close to a normal seating position on the driver's seat of the impacted vehicle. The tester shall use the in-vehicle audio equipment in the original arrangement. 2.4.3. The far-end tester shall be positioned away from the vehicle with sufficient separation so that speech in normal loudness from one tester cannot be understood without any aids by the other tester. 2.5. Test setup 2.5.1. Before performing the test call, ensure that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>one of the connection procedures defined in point 2.7 of Annex I to this Regulation, as agreed between technical service and manufacturer, will be applied for any test call;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the dedicated PSAP test point is available to receive an eCall emitted by the 112-based system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>a false eCall to a genuine PSAP cannot be made over the live network;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>if applicable, the TPS system is deactivated or will automatically switch to the 112-based system; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>the vehicle ignition or master control switch is activated.</p></td></tr></tbody></table> 2.5.2. Where it is possible to adapt the volume setting, the maximum volume control setting in send and receive direction at the near-end and at the far-end shall be chosen. The volume control settings at the far-end may be decreased during the test if required for better intelligibility. 2.5.3. If possible, no mobile networks that have an influence on the hands-free performance (e.g. echo, AGC, noise reduction, etc.) should be chosen for the connection. For simulated networks, if possible, DTX shall be switched off, the full rate codec shall be used (for GSM standard) and the highest bit rate of 12,2 kbit/s shall be used (for AMR codecs). 2.6. Test call 2.6.1. Perform a test call (push mode) by applying a manual trigger via the in-vehicle HMI and wait until the loudspeaker(s) and microphone(s) are reconnected for voice communication after completed MSD transmission. 2.6.2. Exchange of test messages 2.6.2.1. Receive direction 2.6.2.1.1. The far-end tester shall select and read one sentence pair of the list provided in the Appendix. The tester shall read the sentences in a normal volume as used in phone calls. 2.6.2.1.2. The near-end tester shall assess whether the voice transmission in the receive direction was intelligible: The test in receive direction is passed if the near-end tester, resting in his original seating position, was able, with any feasible effort, to understand the full meaning of the transmission. 2.6.2.1.3. If required for the assessment, the near-end tester can request from the far-end tester to transmit additional sentence pairs. 2.6.2.2. Send direction 2.6.2.2.1. The near-end tester shall select and, resting in his original seating position, read one sentence pair of the list provided in the Appendix. The tester shall read the sentences in a normal volume as used in phone calls. 2.6.2.2.2. The far-end tester shall assess whether the voice transmission in the send direction was intelligible: The test in send direction is passed if the far-end tester was able, with any feasible effort, to understand the full meaning of the transmission. 2.6.2.2.3. If required for the assessment, the far-end tester can request from the near-end tester to transmit additional sentence pairs. 2.6.3. Clear down the test call using the appropriate PSAP test point command (e.g. hang up). 2.6.4. If the requirements cannot be fulfilled due to impairments introduced by the PSAP test point or the transmission medium, the test call may be repeated, if required in an adapted test setup. 2.7. Connection procedures 2.7.1. The connection procedures defined in point 2.7 of Annex I to this Regulation shall apply. Appendix Test sentences 1. The following test sentence pairs, as defined in ITU-T P.501, Annex B, shall be used for the exchange of test messages in the send and receive directions. 2. Test sentence pairs in the language most commonly spoken by the testers shall be selected from the list below. If the testers are not familiar with any of the languages, alternative sentences in a familiar language, preferably phonetically balanced, shall be used. 3. Test sentence pairs 3.1. Dutch <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Dit product kent nauwelijks concurrentie.</p><p>Hij kende zijn grens niet.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Ik zal iets over mijn carri&#232;re vertellen.</p><p>Zijn auto was alweer kapot.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Zij kunnen de besluiten nehmen.</p><p>De meeste mensen hadden het wel door.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Ik zou liever gaan lopen.</p><p>Willem gaat telkens naar buiten.</p></td></tr></tbody></table> 3.2. English <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>These days a chicken leg is a rare dish.</p><p>The hogs were fed with chopped corn and garbage.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Rice is often served in round bowls.</p><p>A large size in stockings is hard to sell.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>The juice of lemons makes fine punch.</p><p>Four hours of steady work faced us.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>The birch canoe slid on smooth planks.</p><p>Glue the sheet to the dark blue background.</p></td></tr></tbody></table> 3.3. Finnish <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Ole &#228;&#228;neti tai sano sellaista, joka on parempaa kuin vaikeneminen.</p><p>Suuret syd&#228;met ovat kuin valtameret, ne eiv&#228;t koskaan j&#228;&#228;dy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Jos olet vasara, ly&#246; kovaa. Jos olet naula, pid&#228; p&#228;&#228;si pystyss&#228;.</p><p>Onni tulee el&#228;en, ei ostaen.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Rakkaus ei omista mit&#228;&#228;n, eik&#228; kukaan voi sit&#228; omistaa.</p><p>Naisen mieli on puhtaampi, h&#228;n vaihtaa sit&#228; useammin.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Syd&#228;mell&#228; on syyns&#228;, joita j&#228;rki ei tunne.</p><p>On opittava k&#228;rsim&#228;&#228;n voidakseen el&#228;&#228;.</p></td></tr></tbody></table> 3.4. French <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>On entend les gazouillis d'un oiseau dans le jardin.</p><p>La barque du p&#234;cheur a &#233;t&#233; emport&#233;e par une temp&#234;te.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Le client s'attend &#224; ce que vous fassiez une r&#233;duction.</p><p>Chaque fois que je me l&#232;ve ma plaie me tire.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Vous avez du plaisir &#224; jouer avec ceux qui ont un bon caract&#232;re.</p><p>Le chevrier a corn&#233; pour rassembler ses moutons.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Ma m&#232;re et moi faisons de courtes promenades.</p><p>La poup&#233;e fait la joie de cette tr&#232;s jeune fille.</p></td></tr></tbody></table> 3.5. German <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Zarter Blumenduft erf&#252;llt den Saal.</p><p>Wisch den Tisch doch sp&#228;ter ab.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Sekunden entscheiden &#252;ber Leben.</p><p>Flieder lockt nicht nur die Bienen.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Gegen Dummheit ist kein Kraut gewachsen.</p><p>Alles wurde wieder abgesagt.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>&#220;berquere die Strasse vorsichtig.</p><p>Die drei M&#228;nner sind begeistert.</p></td></tr></tbody></table> 3.6. Italian <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Non bisogna credere che sia vero tutto quello che dice la gente. Tu non conosci ancora gli uomini, non conosci il mondo.</p><p>Dopo tanto tempo non ricordo pi&#249; dove ho messo quella bella foto, ma se aspetti un po' la cerco e te la prendo.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Questo tormento durer&#224; ancora qualche ora. Forse un giorno poi tutto finir&#224; e tu potrai tornare a casa nella tua terra.</p><p>Lucio era certo che sarebbe diventato una persona importante, un uomo politico o magari un ministro. Aveva a cuore il bene della societ&#224;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Non bisogna credere che sia vero tutto quello che dice la gente tu non conosci ancora gli uomini, non conosci il mondo.</p><p>Dopo tanto tempo non ricordo pi&#249; dove ho messo quella bella foto ma se aspetti un po' la cerco e te la prendo.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Questo tormento durer&#224; ancora qualche ora. Forse un giorno poi tutto finir&#224; e tu potrai tornare a casa nella tua terra.</p><p>Lucio era certo che sarebbe diventato una persona importante, un uomo politico o magari un ministro, aveva a cuore il bene della societ&#224;.</p></td></tr></tbody></table> 3.7. Polish <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Piel&#281;gniarki by&#322;y cierpliwe.</p><p>Przebiega&#322; szybko przez ulic&#281;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Ona by&#322;a jego sekretark&#261; od lat.</p><p>Dzieci cz&#281;sto p&#322;acz&#261; kiedy s&#261; g&#322;odne.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>On by&#322; czaruj&#261;c&#261; osob&#261;.</p><p>Lato wreszcie nadesz&#322;o.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Wi&#281;kszo&#347;&#263; dr&#243;g by&#322;o niezmiernie zat&#322;oczonych.</p><p>Mamy bardzo entuzjastyczny zesp&#243;&#322;.</p></td></tr></tbody></table> 3.8. Spanish <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>No arroje basura a la calle.</p><p>Ellos quieren dos manzanas rojas.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>No cocinaban tan bien.</p><p>Mi afeitadora afeita al ras.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Ve y si&#233;ntate en la cama.</p><p>El libro trata sobre trampas.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>El trapeador se puso amarillo.</p><p>El fuego consumi&#243; el papel.</p></td></tr></tbody></table> ANNEX IV Co-existence of third party services (TPS) with the 112-based eCall in-vehicle systems 1. Requirements 1.1. The following requirements apply to 112-based eCall in-vehicle systems, STUs and (optionally for) components that shall be used in conjunction with a TPS eCall in-vehicle system. 1.2. Performance requirements 1.2.1. The 112-based system shall be deactivated as long as the TPS system is active and does function. 1.2.2. The 112-based system shall be automatically triggered in the event that the TPS system is triggered but does not function. 1.3. Documentation requirements 1.3.1. The manufacturer shall provide the technical service with an explanation of the design provisions built into the TPS system to ensure automatic triggering of the 112-based system (‘fall-back procedure’) in the event that the TPS system does not function. This documentation shall describe the principles of the changeover mechanism. 1.3.2. The documentation shall be supported by an analysis which shows, in overall terms, any hardware or software failure conditions that would result in an inability of the TPS system to perform a successful call and how the TPS system will behave on the occurrence of these. This may be based on a Failure Mode and Effect Analysis (FMEA), a Fault Tree Analysis (FTA) or any appropriate similar process as agreed between the technical service and the manufacturer. The chosen analytical approach(es) shall be established and maintained by the manufacturer and shall be made open for inspection by the technical service at the time of the type-approval. 2. Test procedure 2.1. Purpose of the TPS co-existence test procedure The purpose of this test procedure is to verify for eCall in-vehicle systems that shall be used in conjunction with a TPS eCall in-vehicle system, that there is only one system active at a time and that the 112-based system is triggered automatically in the event that the TPS system does not function. 2.2. The following tests shall be performed either on a vehicle with an eCall in-vehicle system installed or on a representative arrangement of parts. 2.3. The deactivation of the 112-based system while the TPS system is active shall be verified by performing a manually triggered test call. 2.3.1. Before performing the test call, ensure: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>that one of the connection procedures defined in point 2.7 of Annex I to this Regulation, as agreed between the technical service and the manufacturer, will be applied for any test call;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>that the dedicated PSAP test point is available to receive an eCall emitted by the 112-based system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>that the TPSP test point is available to receive a call emitted by the TPS system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>that a false eCall to a genuine PSAP cannot be made over the live network; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>that the vehicle ignition or master control switch is activated.</p></td></tr></tbody></table> 2.3.2. Perform a test call by applying a manual trigger of the TPS system (push mode). 2.3.3. Verify: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>that a call was established with the TPSP test point by a record of the TPSP test point showing that it did receive a call initiation signal or by a successful voice connection to the TPSP test point; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>that no eCall was attempted or established with the PSAP test point by a record of the PSAP test point showing that it did not receive an eCall initiation signal.</p></td></tr></tbody></table> 2.3.4. Clear down the test call using the appropriate PSAP test point command (e.g. hang up). 2.3.5. If the call attempt of the TPS system fails during the test, the test procedure may be repeated. 2.4. The fall-back procedure shall be verified by performing a manually triggered test call to a dedicated PSAP test point in a condition where the TPS system does not function. 2.4.1. Modify the TPS system to simulate a failure, selected at the discretion of the type-approval authority that shall result in a fall-back procedure based on the documentation provided by the manufacturer. 2.4.2. Before performing the test call, ensure: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>that one of the connection procedures defined in point 2.7 of Annex I to this Regulation, as agreed between the technical service and the manufacturer, will be applied for any test call;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>that the dedicated PSAP test point is available to receive an eCall emitted by the 112-based system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>that a false eCall to a genuine PSAP cannot be made over the live network; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>that the vehicle ignition or master control switch is activated.</p></td></tr></tbody></table> 2.4.3. Perform a test call by applying a manual trigger of the TPS system (push mode). 2.4.4. Verify that an eCall was established by the 112-based system by a record of the PSAP test point showing that it did receive an eCall initiation signal. 2.4.5. Clear down the test call using the appropriate PSAP test point command (e.g. hang up). 2.5. Connection procedures The connection procedures defined in point 2.7 of Annex I to this Regulation shall apply. ANNEX V Automatic triggering mechanism 1. Requirements 1.1. The following requirements apply to vehicles with eCall in-vehicle systems installed. 1.2. Documentation requirements 1.2.1. The manufacturer shall provide a statement which affirms that the strategy chosen to trigger an automatic eCall ensures triggering also in accident configurations dissimilar from and/or of a lower severity than the collisions simulated in the applicable full-scale crash tests in UN Regulation No 94 and UN Regulation No 95. 1.2.2. The manufacturer shall choose the collision typology and severity and will demonstrate that it is significantly different than the full-scale crash tests. 1.2.3. The manufacturer shall provide the type-approval authority with an explanation and technical documentation which shows, in overall terms, how this is achieved. 1.2.3.1. Documentation that shows, to the satisfaction of the type-approval authority, that the activation of supplemental restraint systems and the severity level, chosen at the discretion of the manufacturer, also induces an automatic eCall shall be considered satisfactory. 1.2.3.2. Documentation that shows, to the satisfaction of the type-approval authority, the strategy to prevent unjustified eCalls from being made in case of impacts of a severity level that is not considered a severe accident. Moreover, failure mode analysis shall be provided which shows that any hardware or software faults shall not result in automatic triggering of an eCall. 1.2.3.3. Airbag control unit specification drawings, specification data notes, sensitivity drawings, relevant circuit diagrams or similar documents considered equivalent by the type-approval authority would be suitable means to demonstrate this connection. 1.2.3.4. The extended documentation package shall remain strictly confidential. It may be kept by the approval authority, or, at the discretion of the approval authority, may be retained by the manufacturer. In case the manufacturer retains the documentation package, that package shall be identified and dated by the approval authority once reviewed and approved. It shall be made available for inspection by the approval authority at the time of approval or at any time during the validity of the approval. ANNEX VI Technical requirements for compatibility of eCall in-vehicle systems with the positioning services provided by the Galileo and the EGNOS systems 1. Requirements 1.1. Compatibility requirements 1.1.1. The ‘Galileo system compatibility’ shall be: the reception and processing of the signals from the Open Service of Galileo, using it in the computation of the final position. 1.1.2. The ‘EGNOS system compatibility’ shall be: the reception of the corrections from the Open Service of EGNOS and its application to the GNSS signals, in particular GPS. 1.1.3. The compatibility of the eCall in-vehicle systems with the positioning services provided by the Galileo and the EGNOS systems shall be compliant with respect to positioning capabilities in section 1.2 and demonstrated by performing the test methods in section 2. 1.1.4. The testing procedures in section 2.2 can be performed either on the eCall unit including post processing ability or directly on the GNSS receiver being a part of the eCall. 1.2. Performance requirements 1.2.1. The GNSS receiver shall be able to output the navigation solution in a NMEA-0183 protocol format (RMC, GGA, VTG, GSA and GSV message). The eCall setup for NMEA-0183 messages output shall be described in the operation manual. 1.2.2. The GNSS receiver being a part of the eCall shall be capable of receiving and processing individual GNSS signals in L1/E1 band from at least two global navigation satellite systems, including Galileo and GPS. 1.2.3. The GNSS receiver being a part of the eCall shall be capable of receiving and processing combined GNSS signals in L1/E1 band from at least two global navigation satellite systems, including Galileo and GPS; and SBAS. 1.2.4. The GNSS receiver being a part of the eCall shall be able to provide positioning information in WGS-84 coordinate system. 1.2.5. Horizontal position error shall not exceed: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>under open sky conditions: 15 metres at confidence level 0,95 probability with Position Dilution of Precision (PDOP) in the range from 2,0 to 2,5;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>in urban canyon conditions: 40 metres at confidence level 0,95 probability with Position Dilution of Precision (PDOP) in the range from 3,5 to 4,0.</p></td></tr></tbody></table> 1.2.6. The specified requirements for accuracy shall be provided: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at speed range from 0 to [140] km/h;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>linear acceleration range from 0 to [2] G.</p></td></tr></tbody></table> 1.2.7. Cold start time to first fix shall not exceed <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>60 seconds for signal level down to minus 130 dBm;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>300 seconds for signal level down to minus 140 dBm.</p></td></tr></tbody></table> 1.2.8. GNSS signal re-acquisition time after block out of 60 seconds at signal level down to minus 130 dBm shall not exceed 20 seconds after recovery of the navigation satellite visibility. 1.2.9. Sensitivity at receiver input shall be: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GNSS signals detection (cold start) do not exceed 3&#160;600 seconds at signal level on the antenna input of the eCall of minus 144 dBm;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GNSS signals tracking and navigation solution calculation is available for at least 600 seconds at signal level on the antenna input of the eCall of minus 155 dBm;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Re-acquisition of GNSS signals and calculation of the navigation solution is possible and does not exceed 60 seconds at signal level on the antenna input of the eCall of minus 150 dBm.</p></td></tr></tbody></table> 1.2.10. The GNSS receiver shall be able to obtain a position fix at least every second. 2. Test methods 2.1. Test conditions 2.1.1. The test object is the eCall, which includes a GNSS receiver and a GNSS antenna, specifying navigation characteristics and features of the tested system. 2.1.2. The number of the eCall test samples shall be at least 3 pieces and can be tested in parallel. 2.1.3. The eCall is provided for the test with the installed SIM-card, operation manual and the software (provided on electronic media). 2.1.4. The attached documents shall contain the following data: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>device serial number;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>hardware version;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>software version;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>device provider identification number;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>relevant technical documentation to perform the tests.</p></td></tr></tbody></table> 2.1.5. Tests are carried out in normal climatic conditions in accordance with standard ISO 16750-1:2006: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>air temperature 23 (&#177;&#160;5) &#176;C;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>relative air humidity of 25 % to 75 %.</p></td></tr></tbody></table> 2.1.6. Tests of the eCall in respect of its GNSS receiver shall be performed with the test and auxiliary equipment specified in Table 1. Table 1 Recommended list of measurement instruments, test and auxiliary equipment <table><col/><col/><col/><tbody><tr><td><p>Equipment name</p></td><td><p>Required technical characteristics of test equipment</p></td></tr><tr><td><p>Scale range</p></td><td><p>Scale accuracy</p></td></tr><tr><td><p>Global navigation satellite system simulator of Galileo and GPS signals</p></td><td><p>Number of simulated signals: at least 12</p></td><td><p>Mean square deviation of random accuracy component of pseudo-range to Galileo and GPS satellites not more than:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>stadiometric code phase: 0,1 metres;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>communication carrier phase: 0,001 metres;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>pseudovelocity: 0,005 metres/second.</p></td></tr></tbody></table></td></tr><tr><td><p>Digital stopwatch</p></td><td><p>Maximum count volume: 9 hours 59 minutes 59,99&#160;seconds</p></td><td><p>Daily variation at 25 (&#177;&#160;5) &#176;&#1057; not more than 1,0&#160;seconds.</p><p>Time discreteness 0,01&#160;seconds.</p></td></tr><tr><td><p>Vector network analyser</p></td><td><p>Frequency range: 300 kHz .. 4&#160;000 kHz</p><p>Dynamic range:</p><p>(minus 85 .. 40) dB</p></td><td><p>Accuracy F = &#177; 1&#903;10<span>&#8211; 6</span> kHz</p><p>Accuracy D = (0,1 .. 0,5) dB</p></td></tr><tr><td><p>Low-noise amplifier</p></td><td><p>Frequency range: 1&#160;200 .. 1&#160;700 MHz</p><p>Noise coefficient: not more 2,0 dB</p><p>Amplifier gain coefficient: 24 dB</p></td><td><p>&#160;</p></td></tr><tr><td><p>Attenuator 1</p></td><td><p>Dynamic range: (0 .. 11) dB</p></td><td><p>Accuracy&#160;&#177;&#160;0,5 dB</p></td></tr><tr><td><p>Attenuator 2</p></td><td><p>Dynamic range: (0 .. 110) dB</p></td><td><p>Accuracy&#160;&#177;&#160;0,5 dB</p></td></tr><tr><td><p>Power source</p></td><td><p>Range of direct current voltage setting: from 0,1 to 30 volts</p></td><td><p>Accuracy V = &#177; 3 %</p></td></tr><tr><td><p>Current intensity of output voltage: at least 3 amperes</p></td><td><p>Accuracy A = &#177; 1 %</p></td></tr><tr><td><p><span>Note:</span> it is allowed to apply other similar types of equipment providing determination of characteristics with the required accuracy.</p></td></tr></tbody></table> 2.1.7. Unless otherwise specified, GNSS signal simulation shall follow ‘Open sky’ pattern as shown in Figure 1. Figure 1 Open sky definition <table><col/><col/><col/><tbody><tr><td><p>Zone</p></td><td><p>Elevation range (degrees)</p></td><td><p>Azimuth range (degrees)</p></td></tr><tr><td><p>A</p></td><td><p>0 &#8211; 5</p></td><td><p>0 &#8211; 360</p></td></tr><tr><td><p>Background</p></td><td><p>Area out of Zone A</p></td></tr></tbody></table> Backward Left Right Forward Attenuation: x1 dB Attenuation: x2 dB 2.1.8. Open Sky plot — Attenuation: <table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>0 dB</p></td></tr><tr><td><p>A</p></td><td><p>&#8211; 100 dB or signal is switched off</p></td></tr></tbody></table> 2.2. Test procedures 2.2.1. NMEA-0183 messages output test. 2.2.1.1. Make connections according to Figure 2. Figure 2 Diagram of test stand Power supply adapter Signal Stimulator eCall PC 2.2.1.2. Prepare and turn on the eCall. By means of operation manual and developer software, set up the GNSS receiver for receiving signals from Galileo, GPS and SBAS. Set up the GNSS receiver to output NMEA-0183 messages (messages RMC, GGA, VTG, GSA and GSV). 2.2.1.3. Set up the simulator according to the simulator user guide. Initialize simulator script with the parameters, given in Table 2 for Galileo, GPS and SBAS signals. Table 2 Main parameters of simulation script for static scenario <table><col/><col/><tbody><tr><td><p>Simulated parameter</p></td><td><p>Value</p></td></tr><tr><td><p>Test duration, hh:mm:ss</p></td><td><p>01:00:00</p></td></tr><tr><td><p>Output frequency</p></td><td><p>1 hertz</p></td></tr><tr><td><p>eCall location</p></td><td><p>Any specified land point between latitude range 80&#176;N and 80&#176;S in coordinate system WGS-84</p></td></tr><tr><td><p>Troposphere:</p></td><td><p>Standard predefined model by the GNSS simulator</p></td></tr><tr><td><p>Ionosphere:</p></td><td><p>Standard predefined model by the GNSS simulator</p></td></tr><tr><td><p>PDOP value in the test interval</p></td><td><p>2,0 &#8804; PDOP &#8804;&#160;2,5</p></td></tr><tr><td><p>Simulated signals</p></td><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Galileo (E1 frequency band OS);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GPS (L1 frequency band C/A code);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>combined Galileo/GPS/SBAS.</p></td></tr></tbody></table></td></tr><tr><td><p>Signal strength:</p></td><td><p>&#160;</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GNSS Galileo;</p></td></tr></tbody></table></td><td><p>minus 135 dBm;</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GNSS GPS.</p></td></tr></tbody></table></td><td><p>minus 138,5 dBm.</p></td></tr><tr><td><p>Number of simulated satellites:</p></td><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 6 Galileo satellites;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 6 GPS satellites;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 2 SBAS satellites</p></td></tr></tbody></table></td></tr></tbody></table> 2.2.1.4. By means of corresponding serial interface, set the connection between the eCall and PC. Control the possibility of receiving navigation information via NMEA-0183 protocol. The value of field 6 in the GGA messages is set to ‘2’. 2.2.1.5. Test results are considered successful if navigation information via NMEA-0183 protocol is received in all the eCall samples. 2.2.1.6. The test of NMEA-0183 messages output and the assessment of the positioning accuracy in autonomous static mode can be combined. 2.2.2. Assessment of positioning accuracy in autonomous static mode. 2.2.2.1. Make connections according to Figure 2. 2.2.2.2. Prepare and turn on the eCall. By means of developer software, make sure that the GNSS receiver is set up for receiving Galileo, GPS and SBAS combined signals. Set up the GNSS receiver to output messages according to the NMEA-0183 protocol (GGA, RMC, VTG, GSA and GSV messages). 2.2.2.3. Set up the simulator in accordance with its operational manual. Start simulation of combined Galileo, GPS and SBAS signals script with the set parameters given in Table 2. 2.2.2.4. Set up the recording of NMEA-0183 messages after receiving the navigation solution. Up to the moment the simulation script is complete, the NMEA-0183 messages are output by the GNSS receiver to a file. 2.2.2.5. Upon receiving the navigation solution set up recording of NMEA-0183 messages output by the GNSS receiver to a file, up to the moment the simulation script is complete. 2.2.2.6. Extract coordinates: latitude (B) and longitude (L) contained in GGA (RMC) messages. 2.2.2.7. Calculate the systematic inaccuracy of coordinate's determination on stationary intervals according to formulas (1), (2), for example for latitude coordinate (B): <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>&#916;<span>B</span>(<span>j</span>) =<span>B</span>(<span>j</span>) &#8211;<span>B<span>truej</span></span>,</p></td></tr><tr><td><p>(2)</p></td><td><p><figure><img/></figure></p>,</td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>B<span>truej</span> is the actual value of B coordinate in j time moment, in arc-seconds.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>B(j) is the determined value of B coordinate in j time moment by the GNSS receiver, in arc-seconds.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>N is the amount of GGA (RMC) messages, received during the test of GNSS receiver.</p></td></tr></tbody></table> 2.2.2.8. Similarly calculate the systematic inaccuracy of L (longitude) coordinate. 2.2.2.9. Calculate standard deviation (SD) value according to formula (3) for B coordinate: <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p><figure><img/></figure></p>,</td></tr></tbody></table> 2.2.2.10. Similarly calculate the SD value for L (longitude) coordinate. 2.2.2.11. Convert calculated coordinates and SD values of latitude and longitude determination from arc-seconds to meters according to formulas (4) – (5). 2.2.2.12. For latitude: <table><col/><col/><tbody><tr><td><p>(4-1)</p></td><td><p><figure><img/></figure></p>,</td></tr><tr><td><p>(4-2)</p></td><td><p><figure><img/></figure></p>,</td></tr></tbody></table> 2.2.2.13. For longitude: <table><col/><col/><tbody><tr><td><p>(5-1)</p></td><td><p><figure><img/></figure></p>,</td></tr><tr><td><p>(5-2)</p></td><td><p><figure><img/></figure></p>,</td></tr></tbody></table> — а — Semi-major axis of ellipsoid, metres — e — first eccentricity, [0 – 1] — φ — determined value of latitude, radians. 2.2.2.14. Calculate horizontal position error according to formula (6): <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p><figure><img/></figure></p>,</td></tr></tbody></table> 2.2.2.15. Repeat test procedures according to 2.2.2.3 – 2.2.2.14 for GNSS Galileo signals with simulation parameters, given in Table 2. 2.2.2.16. Repeat test procedures according to 2.2.2.3 – 2.2.2.14 only for GPS GNSS signals with simulation parameters, given in Table 2. 2.2.2.17. Repeat test procedures according to 2.2.2.3 – 2.2.2.16 with other eCall samples, provided for the test. 2.2.2.18. Determine average values according to (6) obtained for all tested eCall samples. 2.2.2.19. Tests results are considered satisfactory if horizontal position errors as defined by formula (6) obtained with all eCall samples do not exceed 15 metres under open sky conditions at confidence level 0,95 probability for all simulation scripts. 2.2.3. Assessment of positioning accuracy in autonomous dynamic mode. 2.2.3.1. Repeat test procedures described in section 2.2.2, but 2.2.2.15 – 2.2.2.16 with simulation script for manoeuvring movement, given in Table 3. Table 3 Main parameters of simulation script for manoeuvring movement <table><col/><col/><tbody><tr><td><p>Simulated parameter</p></td><td><p>Value</p></td></tr><tr><td><p>Test duration, hh:mm:ss</p></td><td><p>01:00:00</p></td></tr><tr><td><p>Output frequency</p></td><td><p>1 hertz</p></td></tr><tr><td><p>eCall location</p></td><td><p>Any specified land point between latitude range 80&#176;N and 80&#176;S in coordinate system WGS-84</p></td></tr><tr><td><p>Model of movement:</p></td><td><p>Manoeuvring movement</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>speed, km/h;</p></td></tr></tbody></table></td><td><p>140</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>turning radius, metres;</p></td></tr></tbody></table></td><td><p>500</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>turning acceleration, metres/second<span>2</span>.</p></td></tr></tbody></table></td><td><p>0,2</p></td></tr><tr><td><p>Troposphere:</p></td><td><p>Standard predefined model by the GNSS simulator</p></td></tr><tr><td><p>Ionosphere:</p></td><td><p>Standard predefined model by the GNSS simulator</p></td></tr><tr><td><p>PDOP value in the test time interval</p></td><td><p>2,0 &#8804; PDOP &#8804;&#160;2,5</p></td></tr><tr><td><p>Simulated signals</p></td><td><p>Combined Galileo/GPS/SBAS</p></td></tr><tr><td><p>Signal strength:</p></td><td><p>&#160;</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GNSS Galileo;</p></td></tr></tbody></table></td><td><p>minus 135 dBm;</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GNSS GPS.</p></td></tr></tbody></table></td><td><p>minus 138,5 dBm.</p></td></tr><tr><td><p>Number of simulated satellites:</p></td><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 6 Galileo satellites;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 6 GPS satellites;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 2 SBAS satellites</p></td></tr></tbody></table></td></tr></tbody></table> 2.2.3.2. Determine average values according to (6) obtained for all tested eCall samples. 2.2.3.3. Tests results are considered satisfactory if horizontal position errors obtained with all eCall samples do not exceed 15 metres under open sky conditions at confidence level 0,95 probability. 2.2.4. Movement in shadow areas, areas of intermittent reception of navigation signals and urban canyons. 2.2.4.1. Repeat test procedures described in section 2.2.3 for simulation script for movement in shadow areas and areas of intermittent reception of navigation signals (given in Table 4) with an urban canyon signal pattern described in Figure 3. Table 4 Main parameters of movement in shadow areas and areas of intermittent reception of navigation signals <table><col/><col/><tbody><tr><td><p>Simulated parameter</p></td><td><p>Value</p></td></tr><tr><td><p>Test duration, hh:mm:ss</p></td><td><p>01:00:00</p></td></tr><tr><td><p>Output frequency</p></td><td><p>1 hertz</p></td></tr><tr><td><p>eCall location</p></td><td><p>Any specified land point between latitude range 80&#176;N and 80&#176;S in coordinate system WGS-84</p></td></tr><tr><td><p>Model of movement:</p></td><td><p>Manoeuvring movement</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>speed, km/h;</p></td></tr></tbody></table></td><td><p>140</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>turning radius, metres;</p></td></tr></tbody></table></td><td><p>500</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>turning acceleration, metres/second<span>2</span>.</p></td></tr></tbody></table></td><td><p>0,2</p></td></tr><tr><td><p>Satellite visibility:</p></td><td><p>&#160;</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>signal visibility intervals, seconds;</p></td></tr></tbody></table></td><td><p>300</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>signal absence intervals, seconds.</p></td></tr></tbody></table></td><td><p>600</p></td></tr><tr><td><p>Troposphere:</p></td><td><p>Standard predefined model by the GNSS simulator</p></td></tr><tr><td><p>Ionosphere:</p></td><td><p>Standard predefined model by the GNSS simulator</p></td></tr><tr><td><p>PDOP value in the test time interval</p></td><td><p>3,5 &#8804; PDOP &#8804;&#160;4,0</p></td></tr><tr><td><p>Simulated signals</p></td><td><p>Combined Galileo/GPS/SBAS</p></td></tr><tr><td><p>Signal strength:</p></td><td><p>&#160;</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GNSS Galileo;</p></td></tr></tbody></table></td><td><p>minus 135 dBm;</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>GNSS GPS.</p></td></tr></tbody></table></td><td><p>minus 138,5 dBm.</p></td></tr><tr><td><p>Number of simulated satellites:</p></td><td><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 6 Galileo satellites;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 6 GPS satellites;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at least 2 SBAS satellites</p></td></tr></tbody></table></td></tr></tbody></table> Figure 3 Urban canyon definition <table><col/><col/><col/><tbody><tr><td><p>Zone</p></td><td><p>Elevation range (degrees)</p></td><td><p>Azimuth range (degrees)</p></td></tr><tr><td><p>A</p></td><td><p>0 &#8211; 5</p></td><td><p>0 &#8211; 360</p></td></tr><tr><td><p>B</p></td><td><p>5 &#8211; 30</p></td><td><p>210 &#8211; 330</p></td></tr><tr><td><p>C</p></td><td><p>5 &#8211; 30</p></td><td><p>30 &#8211; 150</p></td></tr><tr><td><p>Background</p></td><td><p>Area out of Zone A, B, C</p></td></tr></tbody></table> Backward Right Left Attenuation: x3 dB Forward Attenuation: x1 dB Attenuation x2 dB 2.2.4.2. Urban canyon plot- Attenuation: <table><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>0 dB</p></td></tr><tr><td><p>B</p></td><td><p>&#8211; 40 dB</p></td></tr><tr><td><p>C</p></td><td><p>&#8211; 40 dB</p></td></tr><tr><td><p>A</p></td><td><p>&#8211; 100 dB or signal is switched off</p></td></tr></tbody></table> 2.2.4.3. Tests results are considered satisfactory if horizontal position errors obtained with all eCall samples do not exceed 40 metres in urban canyon conditions at confidence level 0,95 probability. 2.2.5. Cold start time to first fix test. 2.2.5.1. Prepare and turn on the eCall. By means of developer software, make sure that GNSS module is set to receive Galileo and GPS signals. 2.2.5.2. Delete all position, velocity, time, almanac and ephemeris data from the GNSS receiver. 2.2.5.3. Set up the simulator according to the simulator user guide. Initialize simulator script with the parameters, given in Table 2 for Galileo and GPS signals with signal level minus 130 dBm. 2.2.5.4. By means of a stopwatch, measure time interval between signal simulation start and the first navigation solution result. 2.2.5.5. Conduct test procedures according to 2.2.5.2 – 2.2.5.4 at least 10 times. 2.2.5.6. Calculate average time to first fix in cold start mode based on measurements for all eCall samples, provided for the test. 2.2.5.7. The test result is considered to be positive, if average values of time to first fix calculated as described in 2.2.5.6, do not exceed 60 seconds for signal level down to minus 130 dBm for all the simulated signals. 2.2.5.8. Repeat test procedure according to 2.2.5.1 – 2.2.5.5 with signal level minus 140 dBm. 2.2.5.9. The test result according to 2.2.5.8 is considered to be positive, if average values of time to first fix, calculated as described in 2.2.5.6 do not exceed 300 seconds for signal level down to minus 140 dBm for all the simulated signals. 2.2.6. Test of re-acquisition time of tracking signals after block out of 60 seconds. 2.2.6.1. Prepare and turn on the eCall according to operational manual. By means of the developer software, make sure that GNSS receiver is set up to receive Galileo and GPS signals. 2.2.6.2. Set up the simulator according to the simulator user guide. Initialize simulator script with the parameters, given in Table 2 for Galileo and GPS signals with signal level minus 130 dBm. 2.2.6.3. Wait for 15 minutes and make sure the GNSS receiver has calculated eCall position. 2.2.6.4. Disconnect the GNSS antenna cable from the eCall and connect it again after time interval of 60 seconds. By means of stopwatch, determine time interval between cable connection moment and restoration of satellites tracking and calculation of the navigation solution. 2.2.6.5. Repeat test procedure according to 2.2.6.4 at least 10 times. 2.2.6.6. Calculate average value of re-acquisition time of satellite tracking signals by the eCall for all performed measurements and all eCall samples provided for the test. 2.2.6.7. The test result is considered to be positive, if average values of re-acquisition time after block out of 60 seconds measured as described in 2.2.6.6, do not exceed 20 seconds. 2.2.7. Test of GNSS receiver sensitivity in cold start mode, tracking mode, and re-acquisition scenario. 2.2.7.1. Turn on the vector network analyser. Calibrate the vector network analyser according to its operational manual. 2.2.7.2. Set up the diagram according to Figure 4. Figure 4 Diagram of path calibration Attenuator 2 0…110 dB Low-noise amplifier Attenuator 1 0…11 dB Vector network analyzer 2.2.7.3. Set zero signal path attenuation on attenuators. Measure the frequency response for a given signal path in the E1/L1 band of Galileo/GPS, respectively. Record the average path transmission factor in [dB] in this frequency band. 2.2.7.4. Assemble the circuit shown in Figure 5. Figure 5 Arrangement for evaluation of GNSS module sensitivity Signals simulator eCall Power supply Personal Computer Low-noise amplifier Attenuator 2 0…110 dB Attenuator 1 0…11 dB 2.2.7.5. Prepare and turn on eCall according to operational manual. By means of developer software make sure that GNSS receiver is set to receive Galileo and GPS signals. Clear the GNSS receiver RAM such that the ‘cold’ start mode of the GNSS receiver of the eCall is achieved. Check that the position, velocity and time information is reset. 2.2.7.6. Prepare GNSS signals simulator according to its operation manual. Start Galileo and GPS signals simulation script, with parameters given in Table 2. Set output power level of the simulator to minus 144 dBm. 2.2.7.7. By means of a stopwatch, measure time interval between signal simulation start and the first navigation solution result. 2.2.7.8. Set the signal path attenuation on attenuators such that the signal on eCall antenna input is equal to minus 155 dBm. 2.2.7.9. By means of a stopwatch, verify that the eCall still provides navigation solution for at least 600 seconds. 2.2.7.10. Set the signal path attenuation on attenuators such that the signal on eCall antenna input is equal to minus 150 dBm. 2.2.7.11. Disconnect the GNSS antenna cable from the eCall and connect it again after time interval of 20 seconds. 2.2.7.12. By means of stopwatch, determine time interval between cable connection moment and restoration of satellites tracking and calculation of the navigation solution. 2.2.7.13. The test result is considered to be positive in case: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the value of time to first fix in &#8216;cold&#8217; start mode, as measured in 2.2.7.7, do not exceed 3&#160;600 seconds at signal level on the antenna input of the eCall of minus 144 dBm in all the eCall samples;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the GNSS navigation solution is available for at least 600 seconds at signal level on the antenna input of the eCall of minus 155 dBm as measured in 2.2.7.9 in all the eCall samples;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>and re-acquisition of GNSS signals and calculation of the navigation solution at signal level on the antenna input of the eCall of minus 150 dBm is possible and time interval measured in 2.2.7.12 does not exceed 60 seconds in all the eCall samples.</p></td></tr></tbody></table> ANNEX VII In-vehicle system self-test 1. Requirements 1.1. The following requirements apply to vehicles with eCall in-vehicle system installed, STUs and (optionally for) components. 1.2. Performance requirements 1.2.1. The eCall system shall carry out a self-test at each system power-up. 1.2.2. The self-test function shall monitor at least the technical items listed in the Table. 1.2.3. A warning in form of either a visual tell-tale or a warning message in a common space shall be provided in case a failure is detected by the self-test function. 1.2.3.1. It shall remain activated while the failure is present. 1.2.3.2. It may be cancelled temporarily, but shall be repeated whenever the ignition or vehicle master control switch is being activated. 1.3. Documentation requirements 1.3.1. The manufacturer shall provide the type-approval authorities with documentation in accordance with the Table, which shall contain for each item the technical principle applied to monitor the item. Table Template of information for self-test function <table><col/><col/><tbody><tr><td><p>Item</p></td><td><p>Technical principle applied for monitoring</p></td></tr><tr><td><p>eCall ECU is in working order (e.g. no internal hardware failure, processor/memory is ready, logic function in expected default state)</p></td><td><p>&#160;</p></td></tr><tr><td><p>External mobile network antenna is connected</p></td><td><p>&#160;</p></td></tr><tr><td><p>Mobile network communication device is in working order (no internal hardware failure, responsive)</p></td><td><p>&#160;</p></td></tr><tr><td><p>External GNSS antenna is connected</p></td><td><p>&#160;</p></td></tr><tr><td><p>GNSS receiver is in working order (no internal hardware failure, output within expected range)</p></td><td><p>&#160;</p></td></tr><tr><td><p>Crash control unit is connected</p></td><td><p>&#160;</p></td></tr><tr><td><p>No communication failures (bus connection failures) of relevant components in this table</p></td><td><p>&#160;</p></td></tr><tr><td><p>SIM is present (this item only applies if a removable SIM is used)</p></td><td><p>&#160;</p></td></tr><tr><td><p>Power source is connected</p></td><td><p>&#160;</p></td></tr><tr><td><p>Power source has sufficient charge (threshold at the discretion of the manufacturer)</p></td><td><p>&#160;</p></td></tr></tbody></table> 2. Test procedure 2.1. Self-test function verification test 2.1.1. The following test shall be performed on the vehicle with an eCall in-vehicle system installed in accordance with Article 4, on the STU in accordance with Article 6 or (optionally for) the component, that is made part of a complete system for the purpose of the test, in accordance with Article 5. 2.1.2. Simulate a malfunction of the eCall system by introducing a critical failure in one or more of the items monitored by the self-test function according to the technical documentation provided by the manufacturer. The item(s) shall be selected at the discretion of the type-approval authority. 2.1.3. Power the eCall system up (e.g. by switching the ignition ‘on’ or activating the vehicle's master control switch, as applicable) and verify that the malfunction indicator illuminates shortly afterwards. 2.1.4. Power the eCall system down (e.g. by switching the ignition ‘off’ or deactivating the vehicle's master control switch, as applicable) and restore it to normal operation. 2.1.5. Power the eCall system up and verify that the malfunction indicator does not illuminate or extinguishes shortly after illuminating initially. 3. Modification of type of 112-based eCall in-vehicle system or STU 3.1. When the manufacturer submits an application for revision or extension of an existing type-approval for the purpose of including an alternative GNSS antenna, electronic control unit, mobile network antenna and/or power source components, no retesting of 112-based eCall in-vehicle system components shall be required for the purpose of fulfilling the requirements of this Annex, provided that those type-approved components possess at least the same functional features and that they are indeed covered by this Annex in accordance with Article 5(3). ANNEX VIII Technical requirements and test procedures related to privacy and data protection PART I Procedure for verifying the lack of traceability of an eCall in-vehicle system or STU 1. Purpose 1.1. This test procedure is to ensure that a 112-based eCall in-vehicle system or STU is not traceable and is not subject to any constant tracking in its normal operational status. 2. Requirements 2.1. The 112-based eCall in-vehicle system or STU is not available for communication with the PSAP if the PSAP test point initiates the communication. 2.2. Failure to establish the connection can be attributed to the 112-based eCall in-vehicle system not being registered on the network. 3. Test procedure 3.1. The following tests shall be performed on a representative arrangement of parts (without a vehicle body). 3.2. This test shall be performed after successful connection of the eCall IVS with the network and registration of the device so as to facilitate transmission of the MSD. 3.2.1. The initial emergency call must have been ‘cleared down’ and deregistered from the network prior to this test (e.g. hang up), otherwise the PSAP test point will be enabled to connect. 3.2.2. Before performing the test, ensure that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>one of the connection procedures defined in point 2.7 of Annex I to this Regulation, as agreed between the technical service and the manufacturer, will be applied for any test call;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the dedicated PSAP test point is available to receive an eCall emitted by the 112-based system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the vehicle ignition or master control switch is activated;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>any TPS or added-value service system is disabled.</p></td></tr></tbody></table> 3.2.3. Leave the 112-based eCall IVS powered. 3.2.4. Via the PSAP test point, attempt to connect to the 112-based eCall IVS. 4. Assessment 4.1. The requirement is determined to have been passed if the 112-based eCall in-vehicle system is not available for communication with the PSAP when the PSAP test point attempts to connect. 4.2. The establishment of connection with the 112-based eCall IVS when the PSAP test point initiates the communication constitutes a failure. PART II Procedure for verifying the length of time an eCall log file is stored by the eCall in-vehicle system or STU 1. Purpose 1.1. This test procedure aims to ensure that personal data processed pursuant to Regulation (EU) 2015/758 is not retained by the eCall in-vehicle system longer than necessary for the purpose of handling the emergency situation and is fully deleted as soon as no longer necessary for that purpose. 1.2. This is to demonstrate the automatic deletion by proving that eCall log files are not kept beyond 13 hours from the point of initiating an eCall. 2. Requirements 2.1. When interrogated, the eCall in-vehicle system or STU shall not maintain any record of an eCall in its memory beyond 13 hours from the point of initiating an eCall. 3. Test conditions 3.1. The Technical Service shall be facilitated to have access to the part of the system where the eCall log files are stored in the IVS. 3.2. The following test shall be performed on a representative arrangement of parts. 4. Test Method 4.1. The tests as described in point 2.7 of Annex I shall be carried out. They require that a test call is placed in order for functionality checks to be made. 4.2. 13 hours after a test call has been placed, the Technical Service tester shall be facilitated with access to where the eCall log files are stored in the IVS. This will involve the potential to download from the IVS any log files so that they can be viewed by the tester. 5. Assessment 5.1. The requirement is determined to have been passed if no log files are present in the eCall in-vehicle system memory. 5.2. The presence of a log file pertaining to an eCall that has occurred more than 13 hours ago constitutes a failure. PART III Procedure for verifying the automatic and continuous removal of data in the internal memory of an eCall in-vehicle system or STU 1. Purpose 1.1. This test procedure aims to ensure that personal data is only used for the purpose of handling the emergency situation and is automatically and continuously removed from the internal memory of the eCall in-vehicle system or STU. 1.2. This is to be proved by demonstrating that in the internal memory of the 112 based eCall in-vehicle system or STU, maximum of last three locations of the vehicle are retained. 2. Requirements 2.1. When interrogated, the eCall in-vehicle system or STU shall not maintain more than three recent locations of the vehicle. 3. Test conditions 3.1. The Technical Service shall be facilitated to have access to the part of the system where the vehicle location data are stored in the IVS internal memory. 3.2. The following test shall be performed on a representative arrangement of parts. 4. Test Method 4.1. The Technical Service tester shall be facilitated with access to where the vehicle location data are stored in the IVS internal memory. This will involve the potential to download from the IVS any stored locations so that they can be viewed by the tester. 5. Assessment 5.1. The requirement is determined to have been passed if maximum of last three locations are present in the eCall in-vehicle system memory. 5.2. The presence of more than three locations constitutes a failure. PART IV Procedure for verifying the non- exchange of personal data between an eCall in-vehicle system or STU and third party services systems 1. Purpose 1.1. This test procedure shall ensure that the 112-based eCall in-vehicle system or STU and any additional system functionality providing TPS eCall or an added-value service are designed in such a way that no exchange of personal data between them is possible at any time. 2. Requirements 2.1. The following requirements apply to eCall in-vehicle systems or STUs that shall be used in conjunction with a TPS eCall in-vehicle system functionality. 2.2. Performance requirements 2.2.1. There is no exchange of personal data between the 112-based eCall in-vehicle system or STU and any additional system functionality providing TPS eCall or an added-value service. 2.2.2. Following an eCall made via the 112-based eCall in-vehicle system or STU, no log of this eCall shall be recorded in the memory of the TPS eCall or added-value service system. 3. Test procedure 3.1. The following tests shall be performed either on a vehicle with an eCall in-vehicle system installed or on a representative arrangement of parts. 3.2. The TPS system shall be disabled for the duration of the test call. 3.2.1. Before performing the test call, ensure that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>one of the connection procedures defined in point 2.7 of Annex I to this Regulation, as agreed between the technical service and the manufacturer, will be applied for any test call;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the dedicated PSAP test point is available to receive an eCall emitted by the 112-based system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>a false eCall to a genuine PSAP cannot be made over the live network; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the vehicle ignition or master control switch is activated.</p></td></tr></tbody></table> 3.2.2. Perform a test call by applying a manual trigger of the system (push mode) with the TPS disabled. 3.2.3. Verify that a call was established with the PSAP test point by a record of the PSAP test point showing that it received a call initiation signal or by a successful voice connection to the PSAP test point. 3.2.4. Clear down the test call using the appropriate PSAP test point command (e.g. hang up). 3.2.5. If the call attempt of the 112-based system fails during the test, the test procedure may be repeated. 3.3. The lack of a log file in the TPS system shall be verified via access to the part of the system where eCall log files are stored. 3.3.1. The Technical Service tester shall be facilitated with access to where the eCall log files are stored in the IVS. This will involve the potential to download from the IVS any log files so that they can be viewed by the tester. 3.3.2. The requirement is determined to have been passed if no log files are present in the TPS system in-vehicle system memory. 3.3.3. The presence of a log file in the TPS system pertaining to an eCall that has occurred via the 112-based system constitutes a failure. 3.4. Connection procedures The connection procedures defined in point 2.7 of Annex I to this Regulation shall apply. ANNEX IX Classes of vehicles referred to in Article 2 Armoured vehicles of categories M 1 and N 1 , as defined in point 5.2 of Part A of Annex II to Directive 2007/46/EC, equipped with armoured security glazing class BR 7 according to the classification under European standard EN 1063:2000 (Test and Classification for Ballistic Security Glazing) and with body parts complying with European standard EN 1522:1999 (Bullet Resistance in Windows, Doors, Shutters and Blinds), where those vehicles, due to their special purpose, cannot meet the requirements of Regulation (EU) 2015/758 and of this Regulation.
ENG
32017R0079
<table><col/><col/><col/><col/><tbody><tr><td><p>20.11.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 391/1</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2020/1731 of 28 October 2020 appointing a member, proposed by the Federal Republic of Germany, of the Committee of the Regions THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof, Having regard to the proposal of the German Government, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 10 December 2019, 20 January 2020, 3 February 2020 and 26 March 2020 the Council adopted Decisions (EU) 2019/2157&#160;<a>(<span>1</span>)</a>, (EU) 2020/102&#160;<a>(<span>2</span>)</a>, (EU) 2020/144&#160;<a>(<span>3</span>)</a>, (EU) 2020/511&#160;<a>(<span>4</span>)</a> appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025. On 8 June 2020, the Council adopted Decision (EU) 2020/766&#160;<a>(<span>5</span>)</a> appointing the members and alternate members of the Committee of the Regions for the period from 1 February 2020 to 25 January 2025. On 30 July 2020, the Council adopted a further Decision (EU) 2020/1153&#160;<a>(<span>6</span>)</a> appointing members and alternate members of the Committee of the Regions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>A member&#8217;s seat on the Committee of the Regions will become vacant as from 1 November 2020, following the end of the term of office of Mr Marcel PHILIPP on 31 October 2020,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Mr Uwe CONRADT, Member of a Local Executive holding an electoral mandate:<span>Saarbr&#252;cken</span>.</p></td></tr></tbody></table> Article 2 This Decision shall enter into force on the date of its adoption. It shall apply as from 1 November 2020. Done at Brussels, 28 October 2020. For the Council The President M. ROTH <note> ( 1 ) Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 ( OJ L 327, 17.12.2019, p. 78 ). ( 2 ) Council Decision (EU) 2020/102 of 20 January 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 ( OJ L 20, 24.1.2020, p. 2 ). ( 3 ) Council Decision (EU) 2020/144 of 3 February 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 ( OJ L 32, 4.2.2020, p. 16 ). ( 4 ) Council Decision (EU) 2020/511 of 26 March 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 ( OJ L 113, 8.4.2020, p. 18 ). ( 5 ) Council Decision (EU) 2020/766 of 8 June 2020 appointing the members and alternate members of the Committee of the Regions for the period from 1 February 2020 to 25 January 2025 ( OJ L 187, 12.6.2020, p. 3 ). ( 6 ) Council Decision (EU) 2020/1153 of 30 July 2020 appointing members and alternate members of the Committee of the Regions ( OJ L 256, 5.8.2020, p. 12 ). </note>
ENG
32020D1731
<table><col/><col/><col/><col/><tbody><tr><td><p>13.9.2023&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 225/3</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2023/1762 of 6 September 2023 registering a geographical indication of a spirit drink under Article 30(2) of Regulation (EU) 2019/787 of the European Parliament and of the Council (‘Sárréti kökénypálinka’) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 ( 1 ) , and in particular Article 30(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Pursuant to Article&#160;17(5) of Regulation (EC) No&#160;110/2008 of the European Parliament and of the Council&#160;<a>(<span>2</span>)</a>, the Commission has examined Hungary&#8217;s application of 6&#160;March 2019 for the registration of the name &#8216;S&#225;rr&#233;ti k&#246;k&#233;nyp&#225;linka&#8217; as a geographical indication.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Regulation (EU)&#160;2019/787, which replaces Regulation (EC) No&#160;110/2008, entered into force on 25&#160;May 2019. Under Article&#160;49(1) thereof, Chapter III of Regulation (EC) No&#160;110/2008 on geographical indications is repealed with effect from 8&#160;June 2019.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>After concluding that the application complied with Regulation (EC) No&#160;110/2008, the Commission published the main specifications of the technical file in the<span>Official Journal of the European Union</span>&#160;<a>(<span>3</span>)</a> as required by Article&#160;17(6) of that Regulation, in accordance with the first subparagraph of Article&#160;50(4) of Regulation (EU)&#160;2019/787.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>No notice of opposition has been received by the Commission under Article&#160;27(1) of Regulation (EU)&#160;2019/787.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The name &#8216;S&#225;rr&#233;ti k&#246;k&#233;nyp&#225;linka&#8217; should therefore be registered as a geographical indication,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The geographical indication ‘Sárréti kökénypálinka’ is hereby entered in the register. This Regulation grants the geographical indication ‘Sárréti kökénypálinka’ the protection referred to in Article 21 of Regulation (EU) 2019/787 in accordance with Article 30(4) of that 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, 6 September 2023. For the Commission, On behalf of the President, Janusz WOJCIECHOWSKI Member of the Commission <note> ( 1 ) OJ L 130, 17.5.2019, p. 1 . ( 2 ) 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 ). ( 3 ) OJ C 182, 24.5.2023, p. 20 . </note>
ENG
32023R1762
<table><col/><col/><col/><col/><tbody><tr><td><p>12.3.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 71/18</p></td></tr></tbody></table> COMMISSION IMPLEMENTING DECISION of 10 March 2014 on a financial contribution by the Union towards emergency measures to combat bluetongue in Germany in 2007 (notified under document C(2014) 1444) (Only the German text is authentic) (2014/131/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field ( 1 ) , and in particular Article 3 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In accordance with Article 84 of the Financial Regulation and Article 94 of the 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&#160;<a>(<span>2</span>)</a> (hereinafter referred to as &#8216;the Rules of Application&#8217;), the commitment of expenditure from the Union budget shall be preceded by a financing decision setting out the essential elements of the action involving expenditure and adopted by the institution or the authorities to which powers have been delegated by the institution.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Decision 2009/470/EC lays down the procedures governing the financial contribution from the Union towards specific veterinary measures, including emergency measures. With a view to helping to eradicate bluetongue as rapidly as possible the Union should contribute financially to eligible expenditure borne by the Member States. Article 3(6) first indent of that Decision lays down rules on the percentage that must be applied to the costs incurred by the Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Article 3 of Commission Regulation (EC) No 349/2005 of 28 February 2005 laying down rules on the Community financing of emergency measures and of the campaign to combat certain animal diseases under Council Decision 90/424/EEC&#160;<a>(<span>3</span>)</a> sets rules on the expenditure eligible for Union financial support.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Commission Decision 2008/444/EC of 5 June 2008 on a financial contribution from the Community towards emergency measures to combat bluetongue in Germany in 2007&#160;<a>(<span>4</span>)</a> provided for a financial contribution by the Union towards emergency measures to combat bluetongue in Germany in 2007. An official request for reimbursement was submitted by Germany on 6 June 2008, as set out in Article 7(1) and 7(2) of Regulation (EC) No 349/2005.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Article 7 of Regulation (EC) No 349/2005 makes the payment of that financial contribution from the Union subject to the condition that the planned activities were actually implemented and that the authorities provided all the necessary information within the set deadlines.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Decision 2008/444/EC provided that a first tranche of EUR 950&#160;000,00 should be paid as part of the Union financial contribution and Commission Implementing Decision 2011/800/EU of 30 November 2011 on a financial contribution from the Union towards emergency measures to combat bluetongue in Germany in 2007&#160;<a>(<span>5</span>)</a> provided that a second tranche of EUR 1&#160;950&#160;000,00 should be paid as part of the Union financial contribution.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>After the checks and controls made during the on-the-spot audit managed by the competent audit service, and taking into account the preliminary results, a third tranche of the financial support from the Union to the eligible expenditure incurred in association with the eradication of bluetongue in Germany in 2007 should now be fixed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 A third tranche of EUR 1 000 000,00 shall be paid to Germany as part of the Union financial contribution. Article 2 This Decision constituting a financing decision in the meaning of Article 84 of the Financial Regulation is addressed to the Federal Republic of Germany. Done at Brussels, 10 March 2014. For the Commission Tonio BORG Member of the Commission <note> ( 1 ) OJ L 155, 18.6.2009, p. 30 . ( 2 ) OJ L 362, 31.12.2012, p. 1 . ( 3 ) OJ L 55, 1.3.2005, p. 12 . ( 4 ) OJ L 156, 14.6.2008, p. 18 . ( 5 ) OJ L 320, 3.12.2011, p. 49 . </note>
ENG
32014D0131
<table><col/><col/><col/><col/><tbody><tr><td><p>10.7.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 221/1</p></td></tr></tbody></table> COMMISSION DELEGATED REGULATION (EU) 2020/987 of 20 January 2020 correcting certain language versions of Delegated Regulation (EU) No 1254/2014 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of residential ventilation units (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU ( 1 ) , and in particular Article 16 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Slovak, Slovenian, Spanish and Swedish language versions of Commission Delegated Regulation (EU) No 1254/2014&#160;<a>(<span>2</span>)</a> contain errors in point (e) of Article 1(2) as regards the residential ventilation units which are excluded from its scope. Those errors affect the substance of that provision.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Maltese language version of Delegated Regulation (EU) No 1254/2014 also contains an error in point (f) of Article 1(2) as regards the residential ventilation units which are excluded from its scope. That error affects the substance of that provision.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The Swedish language version of Delegated Regulation (EU) No 1254/2014 contains an additional error in point (9) of Annex I and point (o) of Annex IV as regards one of the terms defined for the purposes of Annexes II to IX. That error affects the substance of those provisions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Slovak, Slovenian, Spanish and Swedish language versions of Delegated Regulation (EU) No 1254/2014 should therefore be corrected accordingly. The other language versions are not affected,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Delegated Regulation (EU) No 1254/2014 is corrected as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Article 1(2) is corrected as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>point (e) is replaced by the following:</p><table><col/><col/><tbody><tr><td><p>&#8216;(e)</p></td><td><p>include a heat exchanger and a heat pump for heat recovery or allowing heat transfer or extraction being additional to that of the heat recovery system, except heat transfer for frost protection or defrosting;&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p><span>(does not concern the English language)</span>;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p><span>(does not concern the English language)</span>;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p><span>(does not concern the English language)</span>.</p></td></tr></tbody></table> Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 January 2020. For the Commission The President Ursula VON DER LEYEN <note> ( 1 ) OJ L 198, 28.7.2017, p. 1 . ( 2 ) Commission Delegated Regulation (EU) No 1254/2014 of 11 July 2014 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of residential ventilation units ( OJ L 337, 25.11.2014, p. 27 ). </note>
ENG
32020R0987
<table><col/><col/><col/><col/><tbody><tr><td><p>6.4.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 107/85</p></td></tr></tbody></table> COMMISSION IMPLEMENTING DECISION (EU) 2022/552 of 4 April 2022 determining that national securities exchanges of the United States of America that are registered with the Securities and Exchange Commission comply with legally binding requirements which are equivalent to the requirements laid down in Title III of Directive 2014/65/EU and are subject to effective supervision and enforcement (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories ( 1 ) , and in particular Article 2a(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>It results from the definition of &#8216;OTC derivative&#8217; and &#8216;OTC derivative contract&#8217; laid down in Article&#160;2, point (7), of Regulation (EU) No&#160;648/2012 that financial instruments other than OTC derivatives are derivative contracts the execution of which takes place either on a regulated market as defined in Article&#160;4(1), point (21), of Directive 2014/65/EU of the European Parliament and of the Council&#160;<a>(<span>2</span>)</a>, or on a third country market considered equivalent to a regulated market pursuant to Article&#160;2a of Regulation (EU) No&#160;648/2012. In consequence, for the purposes of Regulation (EU) No&#160;648/2012, derivative contracts executed on a third country market deemed equivalent to a regulated market should be classified as financial instruments other than OTC derivatives.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>According to Article&#160;2a of Regulation (EU) No&#160;648/2012, a third country market is to be considered equivalent to a regulated market where that market complies with legally binding requirements that are equivalent to the requirements laid down in Title III of Directive 2014/65/EU and provided that that market is subject to effective supervision and enforcement in that third country on an ongoing basis. It should thus be assessed whether national stock exchanges (&#8216;NSEs&#8217;) that are established in the USA and that are supervised by the SEC comply with those requirements.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>This equivalence assessment is limited to the NSEs listed in the Annex to this Decision and thus covers derivative instruments that are traded on those exchanges and cleared by the CCPs recognised by ESMA.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Section 3(a)(1) of the Securities Exchange Act of 1934 (the &#8216;Exchange Act&#8217;) defines an exchange as any organisation, association, or group of persons which constitutes, maintains, or provides a market place or facilities for bringing together purchasers and sellers of securities or for otherwise performing with respect to securities the functions commonly performed by a stock exchange. The term exchange is further defined under SEC Rule 3b-16 as an organisation, association or group of persons that brings together the orders for securities of multiple buyers and sellers and uses established, non-discretionary methods, whether by providing a trading facility or by setting rules, under which such orders shall interact with each other and the buyers and sellers entering such orders agree to the terms of the trade. Accordingly, an exchange is required to operate a multilateral system in accordance with non-discretionary rules.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>According to Section 19(a)(1) of the Exchange Act, an exchange must be registered with the SEC as a NSE before it may begin operations. The SEC grants registration if it finds that the applicable requirements with respect to the applicant are satisfied. The SEC must deny a registration if those requirements are not satisfied. The Exchange Act further requires that an exchange has in place arrangements to address all of the types of conduct and activity that an applicant wished to engage in. Under the Exchange Act, continued compliance with the initial registration requirements is a condition for continued registration for NSEs. Registered NSEs are thus required to maintain rules, policies and procedures consistent with their statutory obligations, and to have the capacity to carry out their obligations on a continuous basis.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The Exchange Act further specifies that NSEs must provide their members with impartial access to their markets and services. The access criteria must be transparent and must not apply in an unfairly discriminatory manner. Registered NSEs are thus required to have clear and transparent rules regarding the admission of securities to trading so that those securities are capable of being traded in a fair, orderly, and efficient manner and are freely negotiable. Both the options and equities exchanges have listing standards that are subject to the SEC&#8217;s oversight pursuant to Section 19 and Rule 19b-4 of the Exchange Act. SEC rules and listing standards require issuers of securities underlying listed options to timely disclose information that would be material to investors or likely to have a significant effect on the price of the securities. NSEs are prohibited from listing any security of an issuer that does not comply with the audit committee requirements set out in the SEC rules. A NSE cannot register securities that underlie listed options for which information about the securities and the issuer is not publicly available. SEC Rule 9b-1 also requires options markets to prepare an options disclosure document with certain specified information about the characteristics and risks of exchange traded options. Broker-dealers are to provide customers with that options disclosure document, and that document is to be filed with the SEC prior to being furnished to customers. Further, the Options Clearing Corporation (&#8216;OCC&#8217;) is the issuer of exchange-listed options. The OCC is registered with the SEC as a clearing corporation and self-regulatory organisation. The OCC must comply with Section 17A of the Exchange Act, which requires, inter alia, that the OCC&#8217;s rules are to be designed, in general, to protect investors and the public interest. OCC&#8217;s rules are subject to the SEC&#8217;s oversight pursuant to Section 19 of the Exchange Act and SEC Rule 19b-4. Furthermore, changes that an OCC intends to make to its rules, operations, or procedures that could materially affect the nature or level of risk posed by the OCC are also subject to SEC oversight pursuant to Section 806(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and SEC Rule 19b-4. SEC Rule 17Ad-22(c) requires the OCC to disclose annual audited financials publicly. Additionally, SEC Rule 17Ad-22(e)(23) requires that an OCC enforces policies and procedures that provide for, inter alia, the public disclosure of all relevant rules and material procedures, including key aspects of its default management rules and procedures, of basic data on transaction volume and values, and of a comprehensive description of its material rules, policies, and procedures regarding its legal, governance, risk management, and operating framework. Orderly trading of securities on a NSE is ensured by the SEC&#8217;s powers to suspend trading and issue emergency orders under certain circumstances and to protect public interest and investors. The U.S. regulatory framework also includes pre and post-trade transparency requirements for providing information to market participants in a timely manner.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>Upon registration with the SEC, a NSE becomes a Self-Regulatory Organisation (&#8216;SRO&#8217;). Self-regulation of market intermediaries through a system of SROs is one of the core elements of the U.S regulatory framework. SROs are primarily responsible for establishing the rules under which their members conduct business and for monitoring the ways their members conduct business. In their capacity as SROs, NSEs monitor and enforce compliance by their members and persons associated with their members with the Exchange Act, the rules and regulations thereunder and with their own rules. In the case of non-compliance of members with NSEs rules, NSEs are required to address any potential violations of the market&#8217;s rules or the federal securities laws by its members. They are also required to inform the SEC of significant infringements.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The legally binding requirements applicable to NSEs authorised in the USA which are set out in the legal framework for the operation of NSEs therefore deliver results that are in substance equivalent to the requirements laid down in Title III of Directive 2014/65/EU in the following areas: authorisation process, definitional requirements, access to the recognised exchange, organisational requirements, admission of financial instruments to trading, suspension and removal of instruments from trading, monitoring of compliance and access to clearing and settlement arrangements.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The Commission therefore concludes that the legally binding requirements for NSEs established in the USA are equivalent to the requirements laid down in Title III of Directive 2014/65/EU.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>As regards effective supervision, the Securities Act of 1933 (the &#8216;Securities Act&#8217;) and the Exchange Act constitute the main acts of primary legislation that establish a legally enforceable regime for the trading of securities in the USA. The Exchange Act gives the SEC broad authority over all aspects of the securities industry, including the power to register, regulate, and oversee broker-dealers, transfer agents, and clearing agencies as well as the U.S. SROs which include national securities exchanges.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>The Exchange Act identifies and prohibits certain types of conduct in the markets and provides the SEC with disciplinary powers over regulated entities and persons associated with them. Moreover, the Exchange Act empowers the SEC to require periodic reporting of information by companies with publicly traded securities. Self-regulation of market intermediaries through a system of SROs is one of the core elements of the U.S regulatory framework. Under the U.S. regulatory framework, SROs, as regulators, are primarily responsible for establishing and monitoring the rules under which their members conduct business.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>The Exchange Act requires that all registered NSEs are able to enforce compliance by their members and persons associated with their members with the Exchange Act, the rules and regulations thereunder, and their own rules. As part of its ongoing supervision of NSEs, the SEC evaluates each exchange&#8217;s ability to survey its members and their trading activities. It is also incumbent on a NSE to address any potential violations of the market&#8217;s rules or the federal securities laws by its members and report such potential violations to the SEC.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>As part of its duty to enforce compliance by its members, each NSE is responsible for investigating and disciplining any breaches of the Exchange Act and of the rules and regulations adopted thereunder. The SEC may also, at its discretion, investigate and prosecute any breaches of the Exchange Act and the rules and regulations adopted thereunder. The SRO rules are also subject to SEC review. Under Section 19(h) of the Exchange Act, the SEC can impose sanctions on SROs that have failed, without reasonable justification or excuse, to enforce compliance with any SRO rule by a member or person associated with a member.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Pursuant to Section 21 of the Exchange Act, the SEC may investigate violations of SRO rules and impose sanctions on SRO members that violate those rules. As part of its ongoing supervision of SROs, the SEC evaluates the ability of each NSE to supervise its members and their trading activities. NSEs are required to inform the SEC of any rule changes.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>As regards effective enforcement, the SEC has broad authority to investigate actual or potential violations of U.S. federal securities laws, including the Exchange Act and the rules adopted thereunder. The SEC can obtain records from regulated entities pursuant to its supervisory powers. Moreover, under its subpoena authority, the SEC can compel the production of documents or testimony from any person or entity anywhere within the USA. The SEC has authority to take enforcement actions by commencing civil actions in federal district courts or instituting administrative proceedings before a SEC administrative law judge for violations of the U.S. federal securities laws, including insider trading and market manipulation. In civil actions, the SEC may seek disgorgement of ill-gotten gains, pre-judgment interest, civil money penalties, injunctions, as well as other ancillary relief, including an accounting from a defendant.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>In administrative actions, sanctions may include censures, limitations on activities, civil penalties in addition to disgorgement of ill-gotten gains or bars to individuals, or revocation of the registration of an entity. The SEC has powers to bring an enforcement action against an SRO for failure to act or adequately perform required functions. Moreover, the SEC is authorised to coordinate its enforcement actions with domestic and international counterparts at any point during an inquiry or investigation, including the referral of a matter to the U.S. Department of Justice for criminal prosecution or to other criminal or regulatory bodies for action. In addition, the SEC has authority to share non-public information with domestic and international counterparts.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>The U.S. legal and supervisory framework also ensures market transparency and integrity by preventing market abuse in the form of insider dealing and market manipulation. That legal and supervisory framework prohibits the conduct that could result in a distortion of the functioning of the markets, including market manipulation and communication of false or misleading information. That legal and supervisory framework also authorises the SEC to take enforcement actions against such conduct.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>The Commission therefore concludes that the NSEs are subject to effective supervision and enforcement in the USA on an ongoing basis.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>The conditions laid down in Article&#160;2a of Regulation (EU) No&#160;648/2012 are therefore considered satisfied with respect to NSEs authorised and supervised by the SEC in the USA.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>This Decision is based on the legally binding requirements relating to NSEs applicable in the USA at the time of the adoption of this Decision. The Commission, in cooperation with ESMA, will continue monitoring on a regular basis the supervisory and enforcement arrangements for NSEs and the fulfilment of the conditions on the basis of which this Decision has been taken.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>The regular review of the legal and supervisory arrangements applicable to NSEs in the USA is without prejudice to the possibility of the Commission to undertake a specific review at any time where relevant developments make it necessary for the Commission to reassess the equivalence granted by this Decision. Such re-assessment could lead to the repeal of this Decision.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>The measures provided for in this Decision are in accordance with the opinion of the European Securities Committee,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 For the purposes of Article 2, point (7), of Regulation (EU) No 648/2012, the national securities exchanges of the United States of America that are registered with the Securities and Exchange Commission and that are set out in the Annex to this Decision, comply with legally binding requirements which are equivalent to the requirements laid down in Title III of Directive 2014/65/EU and are subject to effective supervision and enforcement. 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, 4 April 2022. For the Commission The President Ursula VON DER LEYEN ( 1 ) OJ L 201, 27.7.2012, p. 1 . ( 2 ) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU ( OJ L 173, 12.6.2014, p. 349 ). ANNEX National Securities Exchanges registered with the US Securities and Exchange Commission considered equivalent to regulated markets: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>BOX Exchange LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Cboe BZX Exchange, Inc.,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>Cboe C2 Exchange, Inc.,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Cboe EDGX Exchange, Inc.,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>Cboe Exchange, Inc.,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>Miami International Securities Exchange, LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>MIAX Emerald, LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>MIAX PEARL, LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>Nasdaq GEMX, LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(j)</p></td><td><p>Nasdaq ISE, LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(k)</p></td><td><p>Nasdaq BX, Inc.,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(l)</p></td><td><p>Nasdaq MRX, LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(m)</p></td><td><p>Nasdaq PHLX, LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(n)</p></td><td><p>Nasdaq Options Market, LLC,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(o)</p></td><td><p>NYSE American Options, LLC, and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(p)</p></td><td><p>NYSE Arca, Inc.</p></td></tr></tbody></table>
ENG
32022D0552
<table><col/><col/><col/><col/><tbody><tr><td><p>14.9.2016&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 246/264</p></td></tr></tbody></table> DECISION (EU) 2016/1527 OF THE EUROPEAN PARLIAMENT of 28 April 2016 on the closure of the accounts of the European Institute for Gender Equality for the financial year 2014 THE EUROPEAN PARLIAMENT, <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2014,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Court of Auditors&#8217; report on the annual accounts of the European Institute for Gender Equality for the financial year 2014, together with the Institute&#8217;s reply<a>&#160;(<span>1</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the statement of assurance<a>&#160;(<span>2</span>)</a> as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Council&#8217;s recommendation of 12 February 2016 on discharge to be given to the Institute in respect of the implementation of the budget for the financial year 2014 (05584/2016 &#8211; C8-0085/2016),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Article 319 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to 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<a>&#160;(<span>3</span>)</a>, and in particular Article 208 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality<a>&#160;(<span>4</span>)</a>, and in particular Article 15 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities<a>&#160;(<span>5</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council<a>&#160;(<span>6</span>)</a>, and in particular Article 108 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Rule 94 of and Annex V to its Rules of Procedure,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Women&#8217;s Rights and Gender Equality (A8-0085/2016),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>Notes that the final annual accounts of the European Institute for Gender Equality are as annexed to the Court of Auditors&#8217; report;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>Approves the closure of the accounts of the European Institute for Gender Equality for the financial year 2014;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>Instructs its President to forward this decision to the Director of the European Institute for Gender Equality, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the<span>Official Journal of the European Union</span> (L series).</p></td></tr></tbody></table> The President Martin SCHULZ The Secretary-General Klaus WELLE <note> ( 1 ) OJ C 409, 9.12.2015, p. 168 . ( 2 ) See footnote 1. ( 3 ) OJ L 298, 26.10.2012, p. 1 . ( 4 ) OJ L 403, 30.12.2006, p. 9 . ( 5 ) OJ L 357, 31.12.2002, p. 72 . ( 6 ) OJ L 328, 7.12.2013, p. 42 . </note>
ENG
32016B1527
<table><col/><col/><col/><col/><tbody><tr><td><p>30.12.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 336/1</p></td></tr></tbody></table> COUNCIL REGULATION (EU, Euratom) 2019/2234 of 19 December 2019 on measures concerning the implementation and financing of the general budget of the Union in 2020 in relation to the withdrawal of the United Kingdom from the Union THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352 thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 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 consent of the European Parliament ( 1 ) , Acting in accordance with a special legislative procedure, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union (TEU). The Treaties will cease to apply to the United Kingdom from the date of entry into force of the withdrawal agreement or, failing that, two years after that notification, that is, from 30 March 2019, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period. The period has been extended twice by the European Council, most recently by its Decision (EU) 2019/584&#160;<a>(<span>2</span>)</a>, which extended it until 31 October 2019. In the absence of a withdrawal agreement with the United Kingdom and of a further extension of the period referred to in Article 50(3) TEU, a financial settlement with regard to the financial obligations following from the membership of the United Kingdom in the Union needs to be agreed in a future international agreement between the Union and the United Kingdom.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>This Regulation is without prejudice to the respective obligations of the Union and the United Kingdom resulting from the whole period of the membership of the United Kingdom in the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Council Regulation (EU, Euratom) 2019/1197&#160;<a>(<span>3</span>)</a> has laid down rules on the relations between the Union, on the one hand, and the United Kingdom and its beneficiaries, on the other, as regards the financing and implementation of the general budget of the Union (&#8216;the budget&#8217;) in 2019. It is necessary to lay down rules on the relations between the Union, on the one hand, and the United Kingdom and its beneficiaries, on the other, also as regards the financing and implementation of the budget in 2020.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The Treaties do not provide powers other than those under Article 352 of the Treaty on the Functioning of the European Union (TFEU) and Article 203 of the Treaty establishing the European Atomic Energy Community for the adoption of the measures concerning the implementation and financing of the budget in 2020 in relation to the withdrawal of the United Kingdom from the Union without a withdrawal agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The United Kingdom, and persons and entities established in the United Kingdom, are participating in a number of Union programmes or actions on the basis of the membership of the United Kingdom in the Union. That participation takes place on the basis of agreements with the United Kingdom or persons or entities established in the United Kingdom, or decisions in favour of the United Kingdom or persons or entities established in the United Kingdom which constitute legal commitments.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>For many of those agreements and decisions, the rules governing the eligibility require the beneficiary to be a Member State or a person or entity established in a Member State. The eligibility of the United Kingdom, or persons or entities established in the United Kingdom, is in such cases linked to the United Kingdom being a Member State. The withdrawal of the United Kingdom from the Union without a withdrawal agreement therefore entails the loss of eligibility of such recipients of Union financing under such agreements and decisions. However, this does not concern cases where persons or entities established in the United Kingdom would participate in an action under, and subject to the conditions applicable under, the respective Union rules for persons and entities established in a third country.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>In case of a withdrawal without a withdrawal agreement, it would be beneficial both for the Union and its Member States and for the United Kingdom, and persons and entities established in the United Kingdom, to provide for the eligibility in 2020 of the United Kingdom and beneficiaries established in the United Kingdom to receive Union funds and for the participation of the United Kingdom in the financing of the budget for 2020. It would also be beneficial if the legal commitments signed and adopted before the date of withdrawal, or in 2019 in application of Article 4 of Regulation (EU, Euratom) 2019/1197, could continue to be executed throughout 2020.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>It is therefore appropriate to lay down conditions under which the United Kingdom, and persons and entities established in the United Kingdom, could continue to be eligible in 2020 with regard to the agreements signed with them and the decisions adopted with regard to them until the date on which the Treaties cease to apply to and in the United Kingdom (&#8216;date of withdrawal&#8217;) or, where applicable, in 2019 in application of Article 4 of Regulation (EU, Euratom) 2019/1197. The following conditions are required for the application of this Regulation: (i) the United Kingdom has confirmed the commitment in writing to the Commission to continue to pay a contribution calculated on the basis of the estimated own resources from the United Kingdom as set out in the draft budget for 2020, as proposed on 5 July 2019, and adjusted to take into account the total amount of payment appropriations set out in the adopted budget for 2020; (ii) a first instalment has been paid by the United Kingdom; (iii) the United Kingdom has confirmed the commitment in writing to the Commission to allow audits and controls in full by the Union in compliance with the applicable rules; (iv) and the Commission has adopted the decision pursuant to Article 2(2) of Regulation (EU, Euratom) 2019/1197 and has not adopted a decision pursuant to Article 3(2) of that Regulation. The last condition is only applicable insofar as Regulation (EU, Euratom) 2019/1197 has become applicable before the end of the financial year 2019. In view of the need for certainty, it is appropriate to limit the time for the fulfilment of the conditions. The Commission should adopt a decision on the fulfilment of the conditions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The condition as regards the contribution from the United Kingdom should be based on the draft budget for 2020 as proposed for 28 Member States and should be adjusted to take into account the total amount of payment appropriations under the adopted budget. It is reasonable that no Member State should be in a less favourable position as regards their relative contribution than laid down in the budget for 2020 as proposed, following the adoption of this Regulation. Therefore, to ensure the beneficial effect of this Regulation for all Member States, it is appropriate to deduct a specific amount from the amount of the contribution by the United Kingdom to be entered in the budget. Such specific amount should benefit the Member States which would otherwise be at a disadvantage following the adoption of this Regulation, as further specified in dedicated practical arrangements setting out the distribution of the payments due and entrusting the Commission with the disbursement of the specific amount.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>As long as the conditions for eligibility of the United Kingdom, and persons and entities established in the United Kingdom, under this Regulation continue to be fulfilled, it is also appropriate to provide for their eligibility, in 2020, for the purposes of conditions set in calls, tenders, contests or any other procedure which may lead to financing from the Union&#8217;s budget, with the exception of specific cases related to security, and to the loss of membership of the United Kingdom in the European Investment Bank, and to provide Union funding to them. Such Union funding should be limited to eligible expenditure incurred in 2020, except for public procurement contracts signed before the end of 2020 in application of Title VII of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council&#160;<a>(<span>4</span>)</a> (&#8216;the Financial Regulation&#8217;), which continue to be implemented in accordance with their terms, and except for the United Kingdom agricultural direct payment scheme for the claim year 2020, which should be excluded from eligibility. It is also appropriate to exclude the United Kingdom, or persons or entities established in the United Kingdom, from eligibility under Regulation (EU) No 1309/2013 of the European Parliament and of the Council&#160;<a>(<span>5</span>)</a>, as amended by Regulation (EU) 2019/1796&#160;<a>(<span>6</span>)</a> of the European Parliament and of the Council, for actions covering workers made redundant and self-employed persons whose activity has ceased as a consequence of a withdrawal without an agreement, and under Council Regulation (EC) No 2012/2002&#160;<a>(<span>7</span>)</a>, as amended for actions covering serious financial burden inflicted on Member States directly imputable to a withdrawal without a withdrawal agreement. In line with the Financial Regulation, calls, tenders, contests or other procedures, as well as any ensuing agreements with, or decisions in favour of, the United Kingdom or persons or entities established in the United Kingdom, are to stipulate the conditions for eligibility and for continuation thereof by reference to this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>It is also appropriate to provide that the eligibility of the United Kingdom, and persons and entities established in the United Kingdom, would continue under the conditions that the United Kingdom continues to pay the contribution for 2020 and, where applicable, for 2019 under Regulation (EU, Euratom) 2019/1197, and that controls and audits can be carried out effectively. Where these conditions are no longer fulfilled, the Commission should take a decision establishing such failure. In such a case, the United Kingdom, and persons and entities established in the United Kingdom, should cease to be eligible for Union financing.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>It is also appropriate to provide for the continuation, in 2020, of eligibility of actions in which Member States or persons or entities established in the Member States receive Union funds and which are related to the United Kingdom. However, the potential non-acceptance by the United Kingdom of controls and audits should constitute an element to be taken into account for the purposes of sound financial management when assessing the implementation of such actions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The actions should continue to be implemented in compliance with the relevant rules governing such actions, including the Financial Regulation. It is therefore, necessary to treat the United Kingdom as a Member State for the purpose of the application of such rules.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, as they concern the Union budget and programmes and actions implemented by the Union, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>In order to allow for a limited flexibility, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of a possible extension of the deadlines set out in points (a), (b) and (c) of the first subparagraph of Article 2(1), and amendments to the payment schedule. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making&#160;<a>(<span>8</span>)</a>. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States&#8217; experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Where, in the case of a risk of a serious disruption of the implementation and financing of the Union budget in 2020, imperative grounds of urgency so require, the delegated act should enter into force without delay and should apply as long as no objection is expressed by the European Parliament or by the Council.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>To avoid the most significant disruptions for beneficiaries of Union spending programmes and other actions at the date of the withdrawal of the United Kingdom from the Union, this Regulation should enter into force as a matter of urgency on the day following that of its publication in the<span>Official Journal of the European Union</span> and should apply from the day following that on which the Treaties cease to apply to and in the United Kingdom, unless a withdrawal agreement concluded with the United Kingdom has entered into force by that date. Given that this Regulation lays down measures concerning the implementation and financing of the budget of the Union for 2020, it should only apply to the eligibility for the year 2020,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Subject matter and scope This Regulation lays down rules on the implementation and the financing of the general budget of the Union (‘the budget’) in 2020 in relation to the withdrawal of the United Kingdom from the Union without a withdrawal agreement and on actions under direct, indirect and shared management for which the eligibility is fulfilled through the membership of the United Kingdom in the Union at the date on which the Treaties cease to apply to and in the United Kingdom (‘date of withdrawal’). This Regulation applies without prejudice to the territorial cooperation programmes covered by Regulation (EU) 2019/491 of the European Parliament and of the Council ( 9 ) and to the learning mobility activities under the Erasmus+ programme covered by Regulation (EU) 2019/499 of the European Parliament and of the Council ( 10 ) . Article 2 Conditions for eligibility 1. Where the United Kingdom, or a person or entity established in the United Kingdom, receive Union funding under an action carried out in direct, indirect or shared management pursuant to legal commitments signed or adopted before the date of withdrawal or, where applicable, in 2019 in application of Article 4 of Regulation (EU, Euratom) 2019/1197 and eligibility under that action depends on the membership of the United Kingdom in the Union, they shall continue to be eligible for Union funding for eligible expenditure incurred in 2020 following the date of withdrawal, if the following conditions are met, and as long as no decision as referred to in Article 3(2) has entered into force: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the United Kingdom, on 1 January 2020 or within 7 calendar days after the entry into force of this Regulation or after the date of its application, whichever is the later, has confirmed in writing to the Commission that it will contribute in euros, in accordance with the payment schedule laid down in this Regulation, the amount resulting from the following formula: UK OR DB2020 + UK GNI key DB2020 x (PA B2020 &#8211; PA DB2020);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the United Kingdom, on 20 January 2020 or within 20 calendar days after the entry into force of this Regulation or after the date of its application, whichever is the later, has paid on the account determined by the Commission the first payment which corresponds to [3,5] twelfths of the amount referred to in point (a) of this subparagraph;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the United Kingdom, on 1 January 2020 or within 7 calendar days after the entry into force of this Regulation or after the date of its application, whichever is the later, has confirmed the commitment in writing to the Commission that it will continue to accept the controls and audits which cover the entire period of the programmes and actions in accordance with the applicable rules;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the Commission has adopted the decision pursuant to Article 2(2) of Regulation (EU, Euratom) 2019/1197 and has not adopted a decision pursuant to Article 3(2) of Regulation (EU, Euratom) 2019/1197; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>the Commission has adopted the decision referred to in paragraph 4 of this Article confirming that the conditions referred to in points (a), (b) and (c) of this subparagraph have been fulfilled.</p></td></tr></tbody></table> The condition set out in point (d) of the first subparagraph shall only apply insofar as Regulation (EU, Euratom) 2019/1197 has become applicable before the end of the financial year 2019. 2. For the purposes of the formula set out in point (a) of the first subparagraph of paragraph 1, the following shall apply: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>&#8216;UK OR DB2020&#8217; shall be the amount displayed in the line &#8216;United Kingdom&#8217; and the column &#8216;Total own resources&#8217; of table 7 of the part &#8216;A. Introduction and financing of the general budget&#8217; of the revenue part of the budget for 2020 set out in the draft budget of the European Union for the financial year 2020, as proposed on 5 July 2019;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>&#8216;UK GNI key DB2020&#8217; shall be the amount displayed in the line &#8216;United Kingdom&#8217; and the column &#8216;GNI-based own resources&#8217; of table 7 of the part &#8216;A. Introduction and financing of the general budget&#8217; of the revenue part of the budget for 2020 set out in the draft budget of the European Union for the financial year 2020, as proposed on 5 July 2019, divided by the amount displayed in the line &#8216;Total&#8217; of the same column;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>&#8216;PA B2020 &#8212; PA DB2020&#8217; shall be the difference between the amount displayed in the line &#8216;Total expenditure&#8217; and the column &#8216;Budget 2020&#8217; of the table &#8216;Expenditure&#8217; of the part &#8216;A. Introduction and financing of the general budget&#8217; of the revenue part of the budget of the European Union for the financial year 2020 as adopted, and the amount displayed in the same line and the same column of the same table of the same part of the draft budget of the European Union for the financial year 2020, as proposed on 5 July 2019;</p></td></tr></tbody></table> Notwithstanding the first subparagraph, if the budget 2020 is not definitively adopted by the date of entry into force of this Regulation or by the date of its application, whichever is the later, the ‘PA B2020 — PA DB2020’ shall be set at zero. 3. The amount referred to in point (a) of the first subparagraph of paragraph 1, after deduction of the amount of the first payment referred to in point (b) of the first subparagraph of paragraph 1, shall be broken down into equal instalments. The number of instalments shall correspond to the number of full months between the date of the first payment referred to in point (b) of the first subparagraph of paragraph 1 and the end of the year 2020. The amount referred to in point (a) of the first subparagraph of paragraph 1 shall be entered in the general budget of the Union as other revenue after deduction of a specific amount aiming at ensuring the budgetary distribution as provided in the column ‘Total own resources’ of the table referred to in point (a) of paragraph 2 and subject to dedicated practical arrangements to that effect. The commitment referred to in point (c) of the first subparagraph of paragraph 1 shall include in particular the cooperation in the protection of the financial interests of the Union and the acceptance of the rights of the Commission, the Court of Auditors and the European Anti-Fraud Office to access data and documents relating to Union contributions, and perform controls and audits. 4. The Commission shall adopt a decision on whether the conditions laid down in points (a), (b) and (c) of the first subparagraph of paragraph 1 have been fulfilled. 5. The Commission is empowered to adopt delegated acts in accordance with Article 7 concerning the extension of the deadlines set out in points (a), (b) and (c) of the first subparagraph of paragraph 1 of this Article. Where, in the case of a risk of serious disruption of the implementation and financing of the Union budget in 2020, imperative grounds of urgency so require, the procedure provided for in Article 8 shall apply to delegated acts adopted pursuant to this paragraph. Article 3 Continuation of eligibility of United Kingdom and of persons and entities established in the United Kingdom 1. The eligibility of the United Kingdom, and persons and entities established in the United Kingdom, established in accordance with Article 2 shall continue in the year 2020 as long as the following conditions are fulfilled: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the United Kingdom has, following the first payment made in accordance with point (b) of the first subparagraph of Article 2(1), paid on the account determined by the Commission the monthly instalment referred to in Article 2(3) on the first working day of each month until August 2020;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the United Kingdom has paid on the account determined by the Commission on the first working day of September 2020 the remaining monthly instalments referred to in Article 2(3), unless the Commission communicates to the United Kingdom a different payment schedule for this payment by 31 August 2020; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>no significant deficiencies have been observed in the execution of the controls and audits referred to in point (c) of the first subparagraph of Article 2(1).</p></td></tr></tbody></table> 2. Where one or more of the conditions referred to in paragraph 1 are not fulfilled, the Commission shall adopt a decision to that effect. That decision shall be published in the Official Journal of the European Union . As of the date of entry into force of the decision referred to in the first subparagraph of this paragraph, the United Kingdom, and persons and entities established in the United Kingdom, shall cease to be eligible under paragraph 1 of this Article, and under Articles 2 and 4, actions shall cease to be eligible under Article 6(2), and Article 5 shall cease to apply. 3. The Commission is empowered to adopt delegated acts in accordance with Article 7 concerning a different payment schedule for the payments referred to in points (a) and (b) of paragraph 1 of this Article. Where, in the case of a risk of a serious disruption of the implementation and financing of the Union budget in 2020, imperative grounds of urgency so require, the procedure provided for in Article 8 shall apply to delegated acts adopted pursuant to this paragraph. Article 4 Participation in calls and eligibility of resulting expenditures 1. As of the date of entry into force of the decision referred to in point (e) of the first subparagraph of Article 2(1), and as long as no decision as referred to in Article 3(2) has entered into force, the United Kingdom, or persons and entities established in the United Kingdom, shall be eligible in 2020 for the purposes of conditions set in any calls, tenders, contests or any other procedure which may lead to financing from the Union’s budget to the same extent as Member States and persons or entities established in the Member States, and be eligible for Union funding for eligible expenditure incurred in 2020. Notwithstanding the first subparagraph: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>contracts signed in application of Title VII of Regulation (EU, Euratom) 2018/1046 (&#8216;the Financial Regulation&#8217;) until the end of 2020 shall be implemented in accordance with their terms and until their end date;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>expenditure in respect of the United Kingdom direct payments scheme for the claim year 2020 pursuant to Regulation (EU) No 1307/2013 of the European Parliament and of the Council&#160;<a>(<span>11</span>)</a> shall not be eligible for Union funding.</p></td></tr></tbody></table> 2. Notwithstanding paragraph 1, the United Kingdom, or persons or entities established in the United Kingdom, shall not be eligible under Regulation (EU) No 1309/2013, as amended by Regulation (EU) 2019/1796, for actions covering workers made redundant and self-employed persons whose activity has ceased as a consequence of a withdrawal without an agreement nor under Regulation (EC) No 2012/2002, as amended for actions covering serious financial burden inflicted on Member States directly imputable to a withdrawal without a withdrawal agreement. 3. The first subparagraph of paragraph 1 shall not apply: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>where the participation is limited to the Member States and persons or entities established in the Member States for security reasons;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>to financial operations carried out within financial instruments managed directly or indirectly under Title X of the Financial Regulation, or to financial operations guaranteed by the Union budget under the European Fund for Strategic Investments (EFSI) established by Regulation (EU) 2015/1017 of the European Parliament and of the Council&#160;<a>(<span>12</span>)</a> or under the European Fund for Sustainable Development (EFSD) established by Regulation (EU) 2017/1601 of the European Parliament and of the Council&#160;<a>(<span>13</span>)</a>.</p></td></tr></tbody></table> Article 5 Other necessary adaptations If the conditions laid down in Article 2(1) are fulfilled, and as long as no decision as referred to in Article 3(2) has entered into force, for the purpose of the application of any rules governing the actions carried out under the legal commitments referred to in the first subparagraph of Article 2(1), the calls referred to in Article 4 and the actions carried out under the legal commitments signed or adopted following the calls referred to in Article 4, which are necessary to give effect to Articles 2(1) and 4(1), the United Kingdom shall be treated as a Member State, subject to this Regulation. However, the United Kingdom, or United Kingdom representatives, shall not be allowed to participate in any committee assisting in the management under the rules of the relevant basic act, or expert groups or other bodies advising on the programmes or on the actions, with the exception of monitoring or similar committees specific for the particular operational, national or similar programmes in shared management. Article 6 Eligibility of actions that relate to the United Kingdom, where the Member States or persons or entities established in the Member States receive the Union funds 1. Actions under direct, indirect and shared management for which the Member States, or persons or entities established in the Member States, receive Union funds under legal commitments signed or adopted before the date of withdrawal or, where applicable, in 2019 in application of Article 4 of Regulation (EU, Euratom) 2019/1197, and for which the eligibility is fulfilled through the membership of the United Kingdom in the Union at the date of withdrawal or, where applicable, through the eligibility of the United Kingdom in application of Article 4 of Regulation (EU, Euratom) 2019/1197, shall be eligible for Union funding for eligible expenditure incurred in 2020 as of the date of withdrawal. 2. Actions for which the eligibility condition of a minimum number of participants from different Member States in a consortium is fulfilled at the date of withdrawal through a member of the consortium which is a person or entity established in the United Kingdom, shall be eligible for Union funding for eligible expenditure incurred in 2020 where the conditions set out in Article 2(1) are fulfilled and as long as no decision as referred to in Article 3(2) has entered into force. 3. The non-fulfilment of the condition referred to in point (c) of the first subparagraph of Article 2(1) or a Commission decision as referred to in Article 3(2) concerning the non-fulfilment of conditions referred to in point (c) of Article 3(1), shall be taken into account by the responsible authorising officer for the purposes of assessment of a possible serious deficiency in complying with the main obligations in the implementation of the legal commitment referred to in paragraph 1 of this Article. Article 7 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Articles 2 and 3 shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation. 3. The delegation of power referred to in Articles 2 and 3 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 2 and 3 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of one month of notification of that act to the European Parliament and to 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 one month at the initiative of the European Parliament or of the Council. Article 8 Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 7(6). In such a case, the Commission shall repeal the act immediately following the notification of the decision to object by the European Parliament or by the Council. Article 9 Transitional provision By way of derogation from point (b) of the second subparagraph of Article 4(1) of Regulation (EU, Euratom) 2019/1197, expenditure in respect of the United Kingdom direct payment scheme for the claim year 2019 pursuant to Regulation (EU) No 1307/2013 shall be eligible for Union funding after the Commission adopted the decision referred to in Article 2(4) of this Regulation, unless it adopts a decision referred to in Article 3(2) of this Regulation. Article 10 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 from the day following that on which the Treaties cease to apply to and in the United Kingdom pursuant to Article 50(3) of the TEU. However, this Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) TEU has entered into force by the date referred to in the second paragraph of this Article. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 December 2019. For the Council The President K. MIKKONEN <note> ( 1 ) Consent of 22 October 2019 (not yet published in the Official Journal). ( 2 ) European Council Decision (EU) 2019/584 taken in agreement with the United Kingdom of 11 April 2019 extending the period under Article 50(3) TEU ( OJ L 101, 11.4.2019, p. 1 ). ( 3 ) Council Regulation (EU, Euratom) 2019/1197 of 9 July 2019 on measures concerning the implementation and financing of the general budget of the Union in 2019 in relation to the withdrawal of the United Kingdom from the Union ( OJ L 189, 15.7.2019, p. 1 ). ( 4 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 ( OJ L 193, 30.7.2018, p. 1 ). ( 5 ) Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 ( OJ L 347, 20.12.2013, p. 855 ). ( 6 ) Regulation (EU) 2019/1796 of the European Parliament and of the Council of 24 October 2019 amending Regulation (EU) No 1309/2013 on the European Globalisation Adjustment Fund (2014-2020) ( OJ L 279 I, 31.10.2019, p. 4 ). ( 7 ) Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund ( OJ L 311, 14.11.2002, p. 3 ). ( 8 ) OJ L 123, 12.5.2016, p. 1 . ( 9 ) Regulation (EU) 2019/491 of the European Parliament and of the Council of 25 March 2019 in order to allow for the continuation of the territorial cooperation programmes PEACE IV (Ireland-United Kingdom) and United Kingdom-Ireland (Ireland-Northern Ireland-Scotland) in the context of the withdrawal of the United Kingdom from the Union ( OJ L 85I, 27.3.2019, p. 1 ). ( 10 ) Regulation (EU) 2019/499 of the European Parliament and of the Council of 25 March 2019 laying down provisions for the continuation of ongoing learning mobility activities under the Erasmus+ programme established by Regulation (EU) No 1288/2013, in the context of the withdrawal of the United Kingdom from the Union ( OJ L 85I, 27.3.2019, p. 32 ). ( 11 ) Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 ( OJ L 347, 20.12.2013, p. 608 ). ( 12 ) Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments ( OJ L 169, 1.7.2015, p. 1 ). ( 13 ) Regulation (EU) 2017/1601 of the European Parliament and of the Council of 26 September 2017 establishing the European Fund for Sustainable Development (EFSD), the EFSD Guarantee and the EFSD Guarantee Fund ( OJ L 249, 27.9.2017, p. 1 ). </note>
ENG
32019R2234
<table><col/><col/><col/><col/><tbody><tr><td><p>26.1.2016&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 17/9</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2016/84 of 20 January 2016 entering a name in the register of protected designations of origin and protected geographical indications [Ternera de Aliste (PGI)] THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs ( 1 ) , and in particular Article 52(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Spain's application to register the name &#8216;Ternera de Aliste&#8217; was published in the<span>Official Journal of the European Union</span><a>&#160;(<span>2</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name &#8216;Ternera de Aliste&#8217; should therefore be entered in the register,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The name ‘Ternera de Aliste’ (PGI) is hereby entered in the register. The name specified in the first paragraph denotes a product in Class 1.1. Fresh meat (and offal), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 ( 3 ) . Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 20 January 2016. For the Commission, On behalf of the President, Phil HOGAN Member of the Commission <note> ( 1 ) OJ L 343, 14.12.2012, p. 1 . ( 2 ) OJ C 281, 26.8.2015, p. 8 . ( 3 ) Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs ( OJ L 179, 19.6.2014, p. 36 ). </note>
ENG
32016R0084
<table><col/><col/><col/><col/><tbody><tr><td><p>14.12.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 420/16</p></td></tr></tbody></table> DECISION (EU) 2020/2046 OF THE EUROPEAN PARLIAMENT of 20 October 2020 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section VI – European Economic and Social Committee (EESC) THE EUROPEAN PARLIAMENT, <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the general budget of the European Union for the financial year 2018&#160;<a>(<span>1</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the consolidated annual accounts of the European Union for the financial year 2018 (COM(2019) 316 &#8211; C9-0055/2019)&#160;<a>(<span>2</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the European Economic and Social Committee&#8217;s annual report to the discharge authority on internal audits carried out in 2018,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Court of Auditors&#8217; annual report on the implementation of the budget concerning the financial year 2018, together with the institutions&#8217; replies&#160;<a>(<span>3</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the statement of assurance&#160;<a>(<span>4</span>)</a> as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2018, pursuant to Article 287 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to its decision of 13 May 2020&#160;<a>(<span>5</span>)</a> postponing the discharge decision for the financial year 2018, and the accompanying resolution,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to 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&#160;<a>(<span>6</span>)</a>, and in particular Articles 55, 99, 164, 165 and 166 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012&#160;<a>(<span>7</span>)</a>, and in particular Articles 59, 118, 260, 261 and 262 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Rule 100 of and Annex V to its Rules of Procedure,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the second report of the Committee on Budgetary Control (A9-0188/2020),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>Refuses to grant the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget of the European Economic and Social Committee for the financial year 2018;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>Sets out its observations in the resolution below;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>Instructs its President to forward this decision and the resolution forming an integral part of it to the European Economic and Social Committee, the European Council, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the<span>Official Journal of the European Union</span> (L series).</p></td></tr></tbody></table> The President David Maria SASSOLI The Secretary-General Klaus WELLE <note> ( 1 ) OJ L 57, 28.2.2018, p. 1 . ( 2 ) OJ C 327, 30.9.2019, p. 1 . ( 3 ) OJ C 340, 8.10.2019, p. 1 . ( 4 ) OJ C 340, 8.10.2019, p. 9 . ( 5 ) Texts adopted, P9_TA(2020)0120. ( 6 ) OJ L 298, 26.10.2012, p. 1 . ( 7 ) OJ L 193, 30.7.2018, p. 1 . </note>
ENG
32020B2046
<table><col/><col/><col/><col/><tbody><tr><td><p>20.2.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 48/17</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2019/291 of 19 February 2019 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances 1-naphthylacetamide, 1-naphthylacetic acid, acrinathrin, azoxystrobin, fluazifop p, fluroxypyr, imazalil, kresoxim-methyl, oxyfluorfen, prochloraz, prohexadione, spiroxamine, tefluthrin and terbuthylazine (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC ( 1 ) , and in particular the first paragraph of Article 17 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Part B of the Annex to Commission Implementing Regulation (EU) No 540/2011&#160;<a>(<span>2</span>)</a> sets out the active substances approved under Regulation (EC) No 1107/2009.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The approval periods of the substances 1-naphthylacetamide, 1-naphthylacetic acid, acrinathrin, azoxystrobin, fluazifop p, fluroxypyr, imazalil, kresoxim-methyl, oxyfluorfen, prochloraz, prohexadione, spiroxamine, tefluthrin and terbuthylazine will expire on 31&#160;December 2021.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Applications for the renewal of the approval of the active substances included in this Regulation were submitted in accordance with Commission Implementing Regulation (EU) No 844/2012&#160;<a>(<span>3</span>)</a>. However, the approval of those substances is likely to expire for reasons beyond the control of the applicant before a decision has been taken on the renewal of their approval. It is therefore necessary to extend their approval periods in accordance with Article&#160;17 of Regulation (EC) No 1107/2009.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>In view of the time and resources necessary for completing the assessment of the applications for the renewal of approval of a large number of active substances the approvals of which will expire between 2019 and 2021, Commission Implementing Decision C(2016) 6104&#160;<a>(<span>4</span>)</a> established a work programme grouping together similar active substances and setting priorities on the basis of safety concerns for human and animal health or the environment as provided for in Article 18 of Regulation (EC) No 1107/2009.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The presumed low risk substances should be prioritised in accordance with Implementing Decision C(2016) 6104. The approval of those substances should therefore be extended by a period as short as possible.&#160;Taking into account the distribution of responsibilities and work among the Member States acting as rapporteurs&#160;and co-rapporteursand the available resources necessary for assessment and decision-making, that period should be of one year for the active substance prohexadione.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>For the active substances which do not fall in the prioritised categories in Implementing Decision C(2016) 6104, the approval period should be extended by either two or three years, taking into account the current date of expiry, the fact that in accordance with Article 6(3) of Implementing Regulation (EU) No 844/2012, the supplementary dossier for an active substance is to be submitted no later than 30 months before the expiry of the approval, taking into account the need to ensure a balanced distribution of responsibilities and work among the Member States acting as rapporteurs and co-rapporteurs and the available resources necessary for assessment and decision-making. It is therefore appropriate to extend the approval periods for the active substances 1-naphthylacetamide, 1-naphthylacetic acid, acrinathrin, fluazifop p, prochloraz and spiroxamine by two years, and to extend the approval periods of the active substances azoxystrobin, fluroxypyr, imazalil, kresoxim-methyl, oxyfluorfen, tefluthrin, terbuthylazine by three years.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where no supplementary dossier in accordance with Implementing Regulation (EU) No 844/2012 is submitted no later than 30 months before the respective expiry date laid down in the Annex to this Regulation, the Commission will set the expiry date at the same date as before this Regulation or at the earliest date thereafter.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>In view of the aim of the first paragraph of Article 17 of Regulation (EC) No 1107/2009, as regards cases where the Commission will adopt a Regulation providing that the approval of an active substance referred to in the Annex to this Regulation is not renewed because the approval criteria are not satisfied, the Commission will set the expiry date at the same date as before this Regulation or at the date of the entry into force of the Regulation providing that the approval of the active substance is not renewed, whichever date is later. As regards cases where the Commission will adopt a Regulation providing for the renewal of an active substance referred to in the Annex to this Regulation, the Commission will endeavour to set, as appropriate under the circumstances, the earliest possible application date.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 February 2019. For the Commission The President Jean-Claude JUNCKER ( 1 ) OJ L 309, 24.11.2009, p. 1 . ( 2 ) Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances ( OJ L 153, 11.6.2011, p. 1 ). ( 3 ) Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market ( OJ L 252, 19.9.2012, p. 26 ). ( 4 ) Commission Implementing Decision of 28 September 2016 on the establishment of a work programme for the assessment of applications for the renewal of approvals of active substances expiring in 2019, 2020 and 2021 in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council ( OJ C 357, 29.9.2016, p. 9 ). ANNEX Part B of the Annex to Implementing Regulation (EU) No 540/2011 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>in the sixth column, expiration of approval, of row 4, Azoxystrobin, the date is replaced by &#8216;31&#160;December 2024&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>in the sixth column, expiration of approval, of row 5, Imazalil, the date is replaced by &#8216;31&#160;December 2024&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>in the sixth column, expiration of approval, of row 6, Prohexadione, the date is replaced by &#8216;31&#160;December 2022&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>in the sixth column, expiration of approval, of row 7, Spiroxamine, the date is replaced by &#8216;31&#160;December 2023&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>in the sixth column, expiration of approval, of row 8, Kresoxim-methyl, the date is replaced by &#8216;31&#160;December 2024&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>in the sixth column, expiration of approval, of row 9, Fluroxypyr, the date is replaced by &#8216;31&#160;December 2024&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>in the sixth column, expiration of approval, of row 10, Tefluthrin, the date is replaced by &#8216;31&#160;December 2024&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>in the sixth column, expiration of approval, of row 11, Oxyfluorfen, the date is replaced by &#8216;31&#160;December 2024&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>in the sixth column, expiration of approval, of row 12, 1-naphthylacetamide, the date is replaced by &#8216;31&#160;December 2023&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>in the sixth column, expiration of approval, of row 13, 1-naphthylacetic acid, the date is replaced by &#8216;31&#160;December 2023&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>in the sixth column, expiration of approval, of row 15, Fluazifop P, the date is replaced by &#8216;31&#160;December 2023&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>in the sixth column, expiration of approval, of row 16, Terbuthylazine, the date is replaced by &#8216;31&#160;December 2024&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>in the sixth column, expiration of approval, of row 19, Acrinathrin, the date is replaced by &#8216;31&#160;December 2023&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>in the sixth column, expiration of approval, of row 20, Prochloraz, the date is replaced by &#8216;31&#160;December 2023&#8217;.</p></td></tr></tbody></table>
ENG
32019R0291
<table><col/><col/><col/><tbody><tr><td><img/></td><td><p>Official Journal<br/>of the European Union</p></td><td><p>EN</p><p>Series L</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2023/2801</p></td><td><p>19.12.2023</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2023/2801 of 11 December 2023 on the position to be taken on behalf of the European Union in the Northwest Atlantic Fisheries Organization and repealing Decision (EU) 2019/863 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(9) thereof, Having regard to the proposal from the European Commission, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>By Council Regulation (EEC) No&#160;3179/78&#160;<a>(<span>1</span>)</a>, the Union concluded the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (&#8216;NAFO Convention&#8217;), which established the Northwest Atlantic Fisheries Organization (NAFO). Pursuant to Council Decision&#160;2010/717/EU&#160;<a>(<span>2</span>)</a>, the Union concluded the fourth amendment to the NAFO Convention that established the Commission of the Northwest Atlantic Fisheries Organization (&#8216;NAFO Commission&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The NAFO Commission adopts measures to ensure the long term conservation and sustainable use of the fishery resources in the NAFO Convention area (&#8216;the Regulatory Area&#8217;) and to safeguard the marine ecosystems in which these resources are found. Such measures may become binding upon the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Regulation (EU) No&#160;1380/2013 of the European Parliament and of the Council&#160;<a>(<span>3</span>)</a> provides that the Union is to ensure that fishing and aquaculture activities are environmentally sustainable in the long term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. It also provides that the Union is to apply the precautionary approach to fisheries management and is to aim to ensure that exploitation of living marine biological resources restores and maintains the population of harvested species above levels which can produce the maximum sustainable yield. It further provides that the Union is to take management and conservation measures based on the best available scientific advice, to support the development of scientific knowledge and advice, to gradually eliminate discards and to promote fishing methods that contribute to more selective fishing and the avoidance and reduction, as far as possible, of unwanted catches, to fishing with low impact on marine ecosystem and fishery resources. Furthermore, Regulation (EU)&#160;No&#160;1380/2013 specifically provides that those objectives and principles are to be applied by the Union in the conduct of its external fisheries relations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>In line with the Communications from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions &#8216;EU Biodiversity Strategy for 2030 Bringing nature back into our lives&#8217;, &#8216;Forging a climate-resilient Europe &#8212; the new EU Strategy on Adaptation to Climate Change&#8217; and &#8216;A&#160;Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system&#8217;, it is essential to protect nature and reverse the degradation of ecosystems. Climate change and loss of biodiversity are not to jeopardise the availability of the goods and services that healthy marine ecosystems provide to fishers, coastal communities and humanity at large.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions &#8216;A European Strategy for Plastics in a Circular Economy&#8217; refers to specific measures to reduce plastics and marine pollution as well as the loss or abandonment at sea of fishing gear. Furthermore, the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions &#8216;Pathway to a Healthy Planet for All EU Action Plan: Towards Zero Pollution for Air, Water and Soil&#8217; aims at reducing by 50&#160;% plastic litter at sea and by 30&#160;% micro-plastics released into the environment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The Joint Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions &#8216;Setting the course for a sustainable blue planet&#8217; emphasises the importance of marine biodiversity protection and conservation under the Union&#8217;s external action. The Union is the most prominent actor in Regional Fisheries Management Organisations (RFMOs) and fisheries bodies worldwide. There, the Union promotes the sustainability of fish stocks, promotes transparent decision making based on sound scientific advice, enhances scientific research, and strengthens compliance.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>It is appropriate to establish the position to be taken on the Union&#8217;s behalf in the meetings of the NAFO Commission for the period 2024-2028, as the NAFO conservation and enforcement measures may be binding on the Union and capable of decisively influencing the content of Union law, namely, Council Regulations (EC) No&#160;1005/2008&#160;<a>(<span>4</span>)</a> and (EC)&#160;No&#160;1224/2009&#160;<a>(<span>5</span>)</a>, and Regulations (EU)&#160;2017/2403&#160;<a>(<span>6</span>)</a> and (EU)&#160;2019/833 of the European Parliament and of the Council&#160;<a>(<span>7</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Currently, the position to be taken on the Union&#8217;s behalf in the meetings of the NAFO Commission is established by Council Decision (EU)&#160;2019/863&#160;<a>(<span>8</span>)</a>. It is appropriate to repeal that Decision and to replace it by a new Decision which would cover the period&#160;2024-2028.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>In view of the evolving nature of fishery resources in the Regulatory Area and the consequent need for the Union&#8217;s position to take account of new developments, including new scientific and other relevant information presented before or during the meetings of the NAFO Commission, procedures should be established, in line with the principle of sincere cooperation among the Union institutions enshrined in Article&#160;13(2) of the Treaty on European Union, for the year-to-year specification of the Union&#8217;s position for the period 2024-2028,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The position to be taken on the Union’s behalf in the meetings of the Northwest Atlantic Fisheries Organization (NAFO) Commission is set out in Annex I. Article 2 The year-to-year specification of the Union’s position to be taken in the meetings of the NAFO Commission shall be conducted in accordance with Annex II. Article 3 The Union’s position set out in Annex I shall be assessed and, where appropriate, revised by the Council upon a proposal from the Commission, at the latest for the annual meeting of the NAFO Commission in 2029. Article 4 Decision (EU) 2019/863 is hereby repealed. Article 5 This Decision shall enter into force on the date of its adoption. Done at Brussels, 11 December 2023. For the Council The President L. PLANAS PUCHADES ( 1 ) Council Regulation (EEC) No 3179/78 of 28 December 1978 concerning the conclusion by the European Economic Community of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries ( OJ L 378, 30.12.1978, p. 1 ). ( 2 ) Council Decision 2010/717/EU of 8 November 2010 on the approval, on behalf of the European Union, of the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries ( OJ L 321, 7.12.2010, p. 1 ). ( 3 ) 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 ). ( 4 ) Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 ( OJ L 286, 29.10.2008, p. 1 ). ( 5 ) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union 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 ). ( 6 ) Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the sustainable management of external fishing fleets, and repealing Council Regulation (EC) No 1006/2008 ( OJ L 347, 28.12.2017, p. 81 ). ( 7 ) Regulation (EU) 2019/833 of the European Parliament and of the Council of 20 May 2019 laying down conservation and enforcement measures applicable in the Regulatory Area of the Northwest Atlantic Fisheries Organisation, amending Regulation (EU) 2016/1627 and repealing Council Regulations (EC) No 2115/2005 and (EC) No 1386/2007 ( OJ L 141, 28.5.2019, p. 1 ). ( 8 ) Council Decision (EU) 2019/863 of 14 May 2019 on the position to be taken on behalf of the European Union in the Northwest Atlantic Fisheries Organisation (NAFO), and repealing the Decision of 26 May 2014 on the position to be adopted, on behalf of the Union, in the NAFO ( OJ L 140, 28.5.2019, p. 49 ). ANNEX I The position to be taken on the Union’s behalf in the Northwest Atlantic Fisheries Organization (NAFO) 1. PRINCIPLES In the framework of the NAFO, the Union shall: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>ensure that measures adopted within the NAFO are consistent with international law, and in particular with the 1982 UN Convention on the Law of the Sea, the 1995 UN Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the 1993 Food and Agriculture Organization (FAO) Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas, and the 2009 FAO Port State Measures Agreement;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>promote the objectives of the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction and at the 15th Conference of the Parties to the Convention on Biological Diversity, in particular as regards stepping up the protection of marine biodiversity and the protection of 30&#160;% of the world&#8217;s ocean through marine protected areas;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>contribute to the implementation of the European Green Deal, in line with the Council Conclusions of 23&#160;October 2020 on Biodiversity &#8211; the need for urgent action, the Council Conclusions of 10&#160;June 2021 on Forging a climate-resilient Europe &#8211; the new EU Strategy on Adaptation to Climate Change, notably concerning the protection of nature, and with the Council Conclusions of 19&#160;October 2020 on the Farm to Fork Strategy, and a stronger Europe in the world;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>act in accordance with the objectives and principles pursued by the Union within the common fisheries policy, notably through the precautionary approach and the aims related to the maximum sustainable yield as laid down in Article&#160;2(2) of Regulation (EU)&#160;No&#160;1380/2013, to promote the implementation of an ecosystem-based approach to fisheries management, to avoid and reduce, as far as possible, unwanted catches, and gradually eliminate discards, and to minimise the impact of fishing activities on marine ecosystems and their habitats, as well as, through the promotion of economically viable and competitive Union fisheries, to provide a fair standard of living for those who depend on fishing activities and taking account of the interests of consumers;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>be in line with the Council Conclusions of 19&#160;March 2012 on the Commission Communication on the external dimension of the common fisheries policy;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>be in line with the Council Conclusions of 13&#160;December 2022 on International Ocean Governance for safe, secure, clean, healthy and sustainably managed oceans and seas regarding marine biodiversity conservation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>work towards an appropriate involvement of stakeholders in the preparation phase for NAFO measures and ensure that measures adopted within the NAFO are in accordance with the objectives of the NAFO Convention;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>promote positions consistent with the best practices of regional fisheries management organisations (RFMOs);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>seek consistency and synergy with the policy that the Union is pursuing as part of its bilateral fisheries relations with third countries, and ensure coherence with its other policies notably in the field of external relations, employment, environment, trade, development, research and innovation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(j)</p></td><td><p>aim to create a level playing field for the Union fleet within the Regulatory Area based on the same principles and standards as those applicable under Union law, and to promote the uniform implementation of those principles and standards;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(k)</p></td><td><p>promote coordination between the NAFO, existing RFMOs and regional sea conventions and cooperation with global organisations, as applicable, within their mandates, where appropriate;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(l)</p></td><td><p>promote cooperation mechanisms amongst non-tuna RFMOs similar to the so-called Kobe process for tuna RFMOs.</p></td></tr></tbody></table> 2. ORIENTATIONS The Union shall, where appropriate, endeavour to support the adoption of the following actions by the NAFO: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>measures to promote the conservation and restoration of biodiversity and to promote the sustainability of stocks, and the integration of climate change considerations in the decision-making process;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>conservation and management measures for fisheries resources in the Regulatory Area based on the best scientific advice available, and the precautionary approach including total allowable catches and quotas or effort regulation in fisheries harvesting living marine biological resources regulated by the NAFO, which would achieve the maximum sustainable yield. Where necessary, specific measures for stocks which suffer from overfishing shall be considered in order to keep the fishing effort in line with available fishing opportunities;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>measures to promote data collection, scientific research and science-based management decisions, the strengthening of its compliance committee, a culture of compliance and periodical independent performance reviews;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>measures to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing activities in the Regulatory Area, including IUU vessel listing, and cross-listing with other RFMOs, and measures to promote the traceability of fish and fishery products based on the Voluntary Guidelines for Catch Documentation Schemes;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>monitoring, control and surveillance measures in the Regulatory Area in order to ensure efficiency of control and compliance with measures adopted within the NAFO, including the strengthening of control on transhipment operations based on the FAO Voluntary Guidelines for Transhipment;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems and their habitats, including protective measures for vulnerable marine ecosystems in the Regulatory Area in line with the NAFO Convention, while taking into account the FAO International Guidelines for the Management of Deep-sea Fisheries in the High Seas, measures to avoid and reduce as far as possible unwanted catches, including in particular vulnerable marine species, and to gradually eliminate discards;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>measures to reduce marine pollution and prevent the discharge of plastics at sea and reduce the impact on marine biodiversity and ecosystems of plastics present at sea, including measures to reduce the impact of Abandoned, Lost or Otherwise Discarded Fishing Gear in the ocean and to facilitate the identification and recovery of such gear based on the FAO Voluntary Guidelines on the Marking of Fishing Gear;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>measures aimed at the prohibition of fisheries conducted solely for the purpose of harvesting shark fins and requiring that all sharks are landed with each fin naturally attached;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>recommendations, where appropriate and to the extent permitted under the relevant constituent documents, encouraging the implementation of the Work in Fishing Convention of the International Labour Organisation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(j)</p></td><td><p>common approaches with other RFMOs, where appropriate, in particular those involved in fisheries management in the same region;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(k)</p></td><td><p>developing approaches related to tackling impacts of non-fishing activities on the marine biological resources in the Regulatory Area;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(l)</p></td><td><p>additional technical measures based on advice from the subsidiary bodies and working groups of the NAFO;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(m)</p></td><td><p>measures consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies.</p></td></tr></tbody></table> ANNEX II Year-to-year specification of the Union’s position to be taken at meetings of the Northwest Atlantic Fisheries Organization Before each meeting of the NAFO Commission, when that body is called upon to adopt decisions having legal effects on the Union, the necessary steps shall be taken so that the position to be expressed on the Union’s behalf takes account of the latest scientific and other relevant information transmitted to the Commission, in accordance with the principles and orientations set out in Annex I. To this effect, and based on that information, the Commission shall transmit to the Council, or to its preparatory bodies, in sufficient time before each meeting of the NAFO Commission, a written document setting out the particulars of the proposed specification of the Union’s position for discussion and endorsement of the details of the position to be expressed on the Union’s behalf. If in the course of a NAFO Commission meeting it is impossible to reach an agreement, including on the spot, in order for the Union’s position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies. ELI: http://data.europa.eu/eli/dec/2023/2801/oj ISSN 1977-0677 (electronic edition)
ENG
32023D2801
<table><col/><col/><col/><col/><tbody><tr><td><p>13.11.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 381/4</p></td></tr></tbody></table> REGULATION (EU) 2020/1694 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 November 2020 amending Regulation (EU) No 168/2013 as regards specific measures on L-category end-of-series vehicles in response to the COVID-19 pandemic (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee ( 1 ) , Acting in accordance with the ordinary legislative procedure ( 2 ) , Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The COVID-19 crisis has caused disruption to the supply chain of critical parts and components for L-category vehicles and a sizeable drop in demand for those vehicles. This has led to significant delays for manufacturers in clearing their stock of Euro 4 vehicles that, according to Annex IV to Regulation (EU) No 168/2013 of the European Parliament and of the Council&#160;<a>(<span>3</span>)</a>, need to be registered before the application of the environmental Euro 5 step on 1 January 2021.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The end-of-series rules laid down in Regulation (EU) No 168/2013 allow manufacturers to continue to make available on the market, register or enter into service a limited part of a stock of L-category vehicles which cannot be made available on the market, or can no longer be made available on the market, owing to the entry into force of new technical requirements against which those vehicles have not been approved.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Considering the disruption caused by the COVID-19 crisis, it is apparent that the end-of-series rules in Regulation (EU) No 168/2013 do not constitute an appropriate mechanism to address the amount of Euro 4 L-category vehicles that manufacturers will have in stock following the application of the environmental Euro 5 step.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Given the exceptional circumstances caused by the COVID-19 crisis, and to avoid potential market disruption, it is necessary to amend Regulation (EU) No 168/2013 to include specific measures on end-of-series vehicles in response to the COVID-19 crisis.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>In order to ensure that the application of these specific end-of-series measures is restricted to vehicles that were in stock at the moment of the national lockdowns, the amount of vehicles benefiting from these specific end-of-series measures should not exceed the number of Euro 4 L-category vehicles that were in stock on 15 March 2020.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Since the objective of this Regulation, namely to amend the end-of-series rules, applicable for the year 2021, of Regulation (EU) No 168/2013 in response to the COVID-19 crisis, 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 Regulation does not go beyond what is necessary to achieve that objective.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>In view of the urgency entailed by the exceptional circumstances caused by the COVID-19 crisis, it is considered to be appropriate to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the TEU, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Regulation (EU) No 168/2013 should therefore be amended accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>This Regulation should enter into force as a matter of urgency on the day following that of its publication in the<span>Official Journal of the European Union</span>,</p></td></tr></tbody></table> HAVE ADOPTED THIS REGULATION: Article 1 The following Article is inserted in Chapter XI of Regulation (EU) No 168/2013: ‘Article 44a Specific measures on end-of-series vehicles in response to the COVID-19 pandemic 1. By way of derogation from Article 44, and subject to paragraphs 2, 3 and 4 of this Article, vehicles conforming to a type of vehicle the EU type-approval of which will become invalid on 1 January 2021 pursuant to Article 37(2), point (a), may be made available on the market, registered or entered into service as end-of-series vehicles until 31 December 2021. 2. The number of end-of-series vehicles referred to in paragraph 1 of this Article shall not exceed the number of vehicles with an EU type-approval that will become invalid on 1 January 2021 pursuant to Article 37(2), point (a), and that were in stock on 15 March 2020. 3. A manufacturer who wishes to benefit from the derogation referred to in paragraph 1 shall submit a request to the national authority of each Member State where the vehicles in question are to be made available on the market, registered or entered into service, indicating the number of end-of-series vehicles for which the derogation referred to in paragraph 1 is requested. The national authority concerned shall decide, within a month of receiving the request, whether to permit the registration of those end-of-series vehicles within its territory, and in what number. 4. A special entry qualifying the vehicles as “2021 – end-of-series” shall be made on the certificate of conformity of the vehicles put into service under paragraph 1. 5. By 1 July 2021, Member States shall inform the Commission on the number of vehicles for which end-of-series status has been granted under this Article.’. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 November 2020. For the European Parliament The President D. M. SASSOLI For the Council The President M. ROTH <note> ( 1 ) Opinion of 29 October 2020 (not yet published in the Official Journal). ( 2 ) Position of the European Parliament of 20 October 2020 (not yet published in the Official Journal) and Decision of the Council of 3 November 2020. ( 3 ) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles ( OJ L 60, 2.3.2013, p. 52 ). </note>
ENG
32020R1694
<table><col/><col/><col/><col/><tbody><tr><td><p>21.12.2016&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 348/30</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2016/2354 of 12 December 2016 on the position to be adopted, on behalf of the European Union, within the Sanitary and Phytosanitary Sub-Committee established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other, as regards the modification of Annex XI-B to that Agreement THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 207(4), in conjunction with Article 218(9) thereof, Having regard to the proposal from the European Commission, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part<a>&#160;(<span>1</span>)</a> (&#8216;the Agreement&#8217;) entered into force on 1 July 2016.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Pursuant to Article 55 of the Agreement, Georgia is to gradually approximate its sanitary and phytosanitary and animal welfare legislative measures to those of the Union as set out in Annex XI to the Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Pursuant to Article 55(4) of the Agreement, Georgia is to submit a list of the EU sanitary, phytosanitary and animal welfare legislative measures to which it intends to approximate its domestic legislation, no later than 6&#160;months after the entry into force of the Agreement. That approximation list is to serve as a reference document for the implementation of Chapter 4 (Sanitary and phytosanitary measures) of Title IV (Trade and Trade-related Matters) of the Agreement, and is to be added to Annex XI to the Agreement. Accordingly, Annex XI-B to the Agreement is to be modified by a decision of the Sanitary and Phytosanitary Sub-Committee (&#8216;SPS Sub-Committee&#8217;), as set out in Article 65 of the Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Georgia submitted the approximation list of the EU legislative measures in February 2015 and finalised it, in consultation with the Commission, in December 2015.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>It is appropriate to establish the position to be adopted on the Union's behalf within the SPS Sub-Committee with regard to the modification of Annex XI-B to the Agreement,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The position to be adopted on the Union's behalf within the Sanitary and Phytosanitary Sub-Committee established by Article 65 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, as regards the modification of Annex XI-B to the Agreement, shall be based on the draft Decision of the Sanitary and Phytosanitary Sub-Committee attached to this Decision. Minor technical corrections to the draft Decision may be agreed to by the representatives of the Union within the SPS Sub-Committee without further decision of the Council. Article 2 This Decision shall enter into force on the date of its adoption. Done at Brussels, 12 December 2016. For the Council The President G. MATEČNÁ ( 1 ) OJ L 261, 30.8.2014, p. 4 . DRAFT DECISION No 1/2016 OF THE EU-GEORGIA SANITARY AND PHYTOSANITARY SUB-COMMITTEE of … modifying Annex XI-B to the Association Agreement THE SANITARY AND PHYTOSANITARY SUB-COMMITTEE, Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, and in particular Articles 55 and 65 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part<a>&#160;(<span>1</span>)</a> (&#8216;the Agreement&#8217;) entered into force on 1 July 2016.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Pursuant to Article 55(1) of the Agreement, Georgia is to gradually approximate its sanitary and phytosanitary and animal welfare legislative measures to those of the Union as set out in Annex XI to the Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Pursuant to Article 55(4) of the Agreement, Georgia is to submit a list of the EU sanitary, phytosanitary and animal welfare legislative measures to which it intends to approximate its domestic legislation, no later than six&#160;months after the entry into force of the Agreement. That approximation list is to serve as a reference document for the implementation of Chapter 4 (Sanitary and phytosanitary measures) of Title IV (Trade and Trade-related Matters) of the Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Article 65 of the Agreement established the Sanitary and Phytosanitary Sub-Committee (&#8216;SPS Sub-Committee&#8217;), which is to consider any matter relating to Chapter 4 (Sanitary and phytosanitary measures) of Title IV (Trade and Trade-related Matters), including its implementation, and is empowered to review and modify Annex XI to the Agreement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Georgia submitted the approximation list of the EU legislative measures to the European Commission in February 2015, following which, in consultation with the European Commission, the list was reviewed and finalised in December 2015.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>It is appropriate that the SPS Sub-Committee takes a decision to amend Annex XI-B to the Agreement to include the list as set out in the Annex to this Decision,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Annex XI-B to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, is hereby modified as set out in the Annex to this Decision. Article 2 This Decision shall enter into force on the date of its adoption. Done at …, … For the Sanitary and Phytosanitary Sub-Committee The Chair ( 1 ) OJEU L 261, 30.8.2014, p. 4 . ANNEX MODIFICATION OF ANNEX XI-B TO THE ASSOCIATION AGREEMENT Annex XI-B to the Agreement is hereby modified and shall read as follows: ‘ANNEX XI-B LIST OF THE UNION LEGISLATION TO BE APPROXIMATED BY GEORGIA In accordance with Article 55(4) of this Agreement, Georgia shall approximate its legislation to the following Union legislation within the timeframes as listed below. <table><col/><col/><tbody><tr><td><p>Union legislation</p></td><td><p>Deadline for approximation</p></td></tr><tr><td><p>Section 1 &#8212; Veterinary</p></td></tr><tr/><tr><td><p>Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Regulation (EC) No 1505/2006 of 11 October 2006 implementing Council Regulation (EC) No 21/2004 as regards the minimum level of checks to be carried out in relation to the identification and registration of ovine and caprine animals</p></td><td><p>2015</p></td></tr><tr><td><p>Council Directive 2003/85/EC of 29 September 2003 on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC</p></td><td><p>2015</p></td></tr><tr><td><p>Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Regulation (EC) No 1082/2003 of 23 June 2003 laying down detailed rules for the implementation of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Regulation (EC) No 911/2004 of 29 April 2004 implementing Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards ear tags, passports and holding registers</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Regulation (EC) No 494/98 of 27 February 1998 laying down detailed rules for the implementation of Council Regulation (EC) No 820/97 as regards the application of minimum administrative sanctions in the framework of the system for the identification and registration of bovine animals</p></td><td><p>2015</p></td></tr><tr><td><p>Council Directive 2002/60/EC of 27 June 2002 laying down specific provisions for the control of African swine fever and amending Directive 92/119/EEC as regards Teschen disease and African swine fever</p></td><td><p>2015</p></td></tr><tr><td><p>Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease</p></td><td><p>2015</p></td></tr><tr><td><p>Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever</p></td><td><p>2015</p></td></tr><tr><td><p>Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs</p></td><td><p>2016</p></td></tr><tr><td><p>Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Regulation (EC) No 616/2009 of 13 July 2009 implementing Council Directive 2005/94/EC as regards the approval of poultry compartments and other captive birds compartments with respect to avian influenza and additional preventive biosecurity measures in such compartments</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Decision 2010/367/EU of 25 June 2010 on the implementation by Member States of surveillance programmes for avian influenza in poultry and wild birds</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Decision 2002/106/EC of 1 February 2002 approving a Diagnostic Manual establishing diagnostic procedures, sampling methods and criteria for evaluation of the laboratory tests for the confirmation of classical swine fever</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Decision 2003/422/EC of 26 May 2003 approving an African swine fever diagnostic manual</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Decision 2006/437/EC of 4 August 2006 approving a Diagnostic Manual for avian influenza as provided for in Council Directive 2005/94/EC</p></td><td><p>2016</p></td></tr><tr><td><p>Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Decision 2001/183/EC of 22 February 2001 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases and repealing Decision 92/532/EEC</p></td><td><p>2016</p></td></tr><tr><td><p>Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals</p></td><td><p>2017</p></td></tr><tr><td><p>Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002</p></td><td><p>2017</p></td></tr><tr><td><p>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</p></td><td><p>2017</p></td></tr><tr><td><p>Commission Regulation (EC) No 1251/2008 of 12 December 2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species</p></td><td><p>2017</p></td></tr><tr><td><p>Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC</p></td><td><p>2017</p></td></tr><tr><td><p>Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC</p></td><td><p>2017</p></td></tr><tr><td><p>Council Directive 64/432/EEC of 26 June 1964 on animal health problems affecting intra-Community trade in bovine animals and swine</p></td><td><p>2017</p></td></tr><tr><td><p>Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Regulation (EC) No 1266/2007 of 26 October 2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue</p></td><td><p>2018</p></td></tr><tr><td><p>Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of<span>Echinococcus multilocularis</span> infection in dogs</p></td><td><p>2018</p></td></tr><tr><td><p>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</p></td><td><p>2018</p></td></tr><tr><td><p>Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products</p></td><td><p>2018</p></td></tr><tr><td><p>Directive 2004/28/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/82/EC on the Community code relating to veterinary medicinal products</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Regulation (EC) No 1662/95 of 7 July 1995 laying down certain detailed arrangements for implementing the Community decision-making procedures in respect of marketing authorizations for products for human or veterinary use</p></td><td><p>2018</p></td></tr><tr><td><p>Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council</p></td><td><p>2018</p></td></tr><tr><td><p>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</p></td><td><p>2019</p></td></tr><tr><td><p>Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Regulation (EC) No 1177/2006 of 1 August 2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in poultry</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Decision 2007/843/EC of 11 December 2007 concerning approval of<span>Salmonella</span> control programmes in breeding flocks of<span>Gallus gallus</span> in certain third countries in accordance with Regulation (EC) No 2160/2003 of the European Parliament and of the Council and amending Decision 2006/696/EC, as regards certain public health requirements at import of poultry and hatching eggs</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Directive 2006/130/EC of 11 December 2006 implementing Directive 2001/82/EC of the European Parliament and of the Council as regards the establishment of criteria for exempting certain veterinary medicinal products for food-producing animals from the requirement of a veterinary prescription</p></td><td><p>2019</p></td></tr><tr><td><p>Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Regulation (EC) No 141/2007 of 14 February 2007 concerning a requirement for approval in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council for feed business establishments manufacturing or placing on the market feed additives of the category &#8216;coccidiostats and histomonostats&#8217;</p></td><td><p>2019</p></td></tr><tr><td><p>Council Directive 92/119/EEC of 17 December 1992 introducing general Community measures for the control of certain animal diseases and specific measures relating to swine vesicular disease</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Decision 2000/428/EC of 4 July 2000 establishing diagnostic procedures, sampling methods and criteria for the evaluation of the results of laboratory tests for the confirmation and differential diagnosis of swine vesicular disease</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Directive 2008/38/EC of 5 March 2008 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Directive 82/475/EEC of 23 June 1982 laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals</p></td><td><p>2020</p></td></tr><tr><td><p>Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Recommendation 2011/25/EU of 14 January 2011 establishing guidelines for the distinction between feed materials, feed additives, biocidal products and veterinary medicinal products</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Regulation (EU) No 68/2013 of 16 January 2013 on the Catalogue of feed materials</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed</p></td><td><p>2021</p></td></tr><tr><td><p>Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Regulation (EC) No 378/2005 of 4 March 2005 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Regulation (EC) No 429/2008 of 25 April 2008 on detailed rules for the implementation of Regulation (EC) No 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Regulation (EC) No 2075/2005 of 5 December 2005 laying down specific rules on official controls for<span>Trichinella</span> in meat</p></td><td><p>2021</p></td></tr><tr><td><p>Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Decision 2006/778/EC of 14 November 2006 concerning minimum requirements for the collection of information during the inspections of production sites on which certain animals are kept for farming purposes</p></td><td><p>2022</p></td></tr><tr><td><p>Council Directive 2008/119/EC of 18 December 2008 laying down minimum standards for the protection of calves</p></td><td><p>2022</p></td></tr><tr><td><p>Council Directive 2008/120/EC of 18 December 2008 laying down minimum standards for the protection of pigs</p></td><td><p>2022</p></td></tr><tr><td><p>Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Directive 2002/4/EC of 30 January 2002 on the registration of establishments keeping laying hens, covered by Council Directive 1999/74/EC</p></td><td><p>2022</p></td></tr><tr><td><p>Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production</p></td><td><p>2022</p></td></tr><tr><td><p>Council Regulation (EC) No 1255/97 of 25 June 1997 concerning Community criteria for control posts and amending the route plan referred to in the Annex to Directive 91/628/EEC</p></td><td><p>2022</p></td></tr><tr><td><p>Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 750/2014 of 10 July 2014 on protection measures in relation to porcine epidemic diarrhoea as regards the animal health requirements for the introduction into the Union of porcine animals</p></td><td><p>2023</p></td></tr><tr><td><p>Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Regulation (EU) No 101/2013 of 4 February 2013 concerning the use of lactic acid to reduce microbiological surface contamination on bovine carcases</p></td><td><p>2023</p></td></tr><tr><td><p>Council Directive 90/167/EEC of 26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community</p></td><td><p>2024</p></td></tr><tr><td><p>Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Recommendation 2004/704/EC of 11 October 2004 on the monitoring of background levels of dioxins and dioxin-like PCBs in feedingstuffs</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 139/2013 of 7 January 2013 laying down animal health conditions for imports of certain birds into the Union and the quarantine conditions thereof</p></td><td><p>2024</p></td></tr><tr><td><p>Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption</p></td><td><p>2025</p></td></tr><tr><td><p>Council Directive 90/427/EEC of 26 June 1990 on the zootechnical and genealogical conditions governing intra-Community trade in equidae</p></td><td><p>2025</p></td></tr><tr><td><p>Council Directive 2009/156/EC of 30 November 2009 on animal health conditions governing the movement and importation from third countries of equidae</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC as regards methods for the identification of equidae</p></td><td><p>2025</p></td></tr><tr><td><p>Council Directive 2009/157/EC of 30 November 2009 on pure-bred breeding animals of the bovine species</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Decision 84/247/EEC of 27 April 1984 laying down the criteria for the recognition of breeders organizations and associations which maintain or establish herd-books for pure-bred breeding animals of the bovine species</p></td><td><p>2026</p></td></tr><tr><td><p>Council Directive 87/328/EEC of 18 June 1987 on the acceptance for breeding purposes of pure-bred breeding animals of the bovine species</p></td><td><p>2026</p></td></tr><tr><td><p>Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the zootechnical and genealogical conditions applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-bred breeding animals of the bovine species</p></td><td><p>2026</p></td></tr><tr><td><p>Council Directive 92/35/EEC of 29 April 1992 laying down control rules and measures to combat African horse sickness</p></td><td><p>2026</p></td></tr><tr><td><p>Council Directive 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Implementing Decision 2012/137/EU of 1 March 2012 on imports into the Union of semen of domestic animals of the porcine species</p></td><td><p>2027</p></td></tr><tr><td><p>Council Directive 88/661/EEC of 19 December 1988 on the zoo technical standards applicable to breeding animals of the porcine species</p></td><td><p>2027</p></td></tr><tr><td><p>Council Directive 90/428/EEC of 26 June 1990 on trade in equidae intended for competitions and laying down the conditions for participation therein</p></td><td><p>2027</p></td></tr><tr><td><p>Section 2 &#8212; Food safety</p></td></tr><tr/><tr><td><p>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</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Regulation (EU) No 16/2011 of 10 January 2011 laying down implementing measures for the Rapid alert system for food and feed</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Decision 2004/478/EC of 29 April 2004 concerning the adoption of a general plan for food/feed crisis management</p></td><td><p>2015</p></td></tr><tr><td><p>Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs</p></td><td><p>2015</p></td></tr><tr><td><p>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</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004</p></td><td><p>2015</p></td></tr><tr><td><p>Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules</p></td><td><p>2015</p></td></tr><tr><td><p>Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 931/2011 of 19 September 2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin</p></td><td><p>2015</p></td></tr><tr><td><p>Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Decision 97/747/EC of 27 October 1997 fixing the levels and frequencies of sampling provided for Council Directive 96/23/EC for the monitoring of certain substances and residues thereof in certain animal products</p></td><td><p>2015</p></td></tr><tr><td><p>Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC</p></td><td><p>2015</p></td></tr><tr><td><p>Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food</p></td><td><p>2015</p></td></tr><tr><td><p>Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/97</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Decision 2002/657/EC of 12 August 2002 implementing Council Directive 96/23/EC concerning the performance of analytical methods and the interpretation of results</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Decision 2006/677/EC of 29 September 2006 setting out the guidelines laying down criteria for the conduct of audits under Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls to verify compliance with feed and food law, animal health and animal welfare rules</p></td><td><p>2016</p></td></tr><tr><td><p>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</p></td><td><p>2016</p></td></tr><tr><td><p>Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004</p></td><td><p>2016</p></td></tr><tr><td><p>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</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Regulation (EU) No 1047/2012 of 8 November 2012 amending Regulation (EC) No 1924/2006 with regard to the list of nutrition claims</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Implementing Decision 2013/63/EU of 24 January 2013 adopting guidelines for the implementation of specific conditions for health claims laid down in Article 10 of Regulation (EC) No 1924/2006 of the European Parliament and of the Council</p></td><td><p>2016</p></td></tr><tr><td><p>Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives</p></td><td><p>2016</p></td></tr><tr><td><p>Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Regulation (EC) No 1170/2009 of 30 November 2009 amending Directive 2002/46/EC of the European Parliament and of the Council and Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards the lists of vitamin and minerals and their forms that can be added to foods, including food supplements</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Regulation (EC) No 401/2006 of 23 February 2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Regulation (EC) No 333/2007 of 28 March 2007 laying down the methods of sampling and analysis for the control of the levels of trace elements and processing contaminants in foodstuffs</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Decision 94/360/EC of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries, under Council Directive 90/675/EEC</p></td><td><p>2017</p></td></tr><tr><td><p>Directive 2011/91/EU of the European Parliament and of the Council of 13 December 2011 on indications or marks identifying the lot to which a foodstuff belongs</p></td><td><p>2017</p></td></tr><tr><td><p>Council Decision 92/608/EEC of 14 November 1992 laying down methods for the analysis and testing of heat-treated milk for direct human consumption</p></td><td><p>2017</p></td></tr><tr><td><p>Commission Regulation (EC) No 669/2009 of 24 July 2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC</p></td><td><p>2017</p></td></tr><tr><td><p>Commission Regulation (EC) No 645/2000 of 28 March 2000 setting out detailed implementing rules necessary for the proper functioning of certain provisions of Article 7 of Council Directive 86/362/EEC and of Article 4 of Council Directive 90/642/EEC concerning the arrangements for monitoring the maximum levels of pesticide residues in and on cereals and products of plant origin, including fruit and vegetables, respectively</p></td><td><p>2017</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 489/2012 of 8 June 2012 establishing implementing rules for the application of Article 16 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods</p></td><td><p>2017</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 307/2012 of 11 April 2012 establishing implementing rules for the application of Article 8 of Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods</p></td><td><p>2017</p></td></tr><tr><td><p>Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009</p></td><td><p>2017</p></td></tr><tr><td><p>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</p></td><td><p>2017</p></td></tr><tr><td><p>Commission Regulation (EU) No 234/2011 of 10 March 2011 implementing Regulation (EC) No 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Regulation (EU) No 257/2010 of 25 March 2010 setting up a programme for the re-evaluation of approved food additives in accordance with Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives</p></td><td><p>2018</p></td></tr><tr><td><p>Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC</p></td><td><p>2018</p></td></tr><tr><td><p>Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Recommendation 2004/787/EC of 4 October 2004 on technical guidance for sampling and detection of genetically modified organisms and material produced from genetically modified organisms as or in products in the context of Regulation (EC) No 1830/2003</p></td><td><p>2018</p></td></tr><tr><td><p>Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Decision 2007/363/EC of 21 May 2007 on guidelines to assist Member States in preparing the single integrated multi-annual national control plan provided for in Regulation (EC) No 882/2004 of the European Parliament and of the Council</p></td><td><p>2019</p></td></tr><tr><td><p>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</p></td><td><p>2019</p></td></tr><tr><td><p>Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Recommendation 97/618/EC of 29 July 1997 concerning the scientific aspects and the presentation of information necessary to support applications for the placing on the market of novel foods and novel food ingredients and the preparation of initial assessment reports under Regulation (EC) No 258/97 of the European Parliament and of the Council</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Regulation (EC) No 2023/2006 of 22 December 2006 on good manufacturing practice for materials and articles intended to come into contact with food</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Regulation (EC) No 641/2004 of 6 April 2004 on detailed rules for the implementation of Regulation (EC) No 1829/2003 of the European Parliament and of the Council as regards the application for the authorisation of new genetically modified food and feed, the notification of existing products and adventitious or technically unavoidable presence of genetically modified material which has benefited from a favourable risk evaluation</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Recommendation 2013/165/EU of 27 March 2013 on the presence of T-2 and HT-2 toxin in cereals and cereal products</p></td><td><p>2019</p></td></tr><tr><td><p>Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97</p></td><td><p>2020</p></td></tr><tr><td><p>Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Regulation (EU) No 873/2012 of 1 October 2012 on transitional measures concerning the Union list of flavourings and source materials set out in Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council</p></td><td><p>2020</p></td></tr><tr><td><p>Council Directive 78/142/EEC of 30 January 1978 on the approximation of the laws of the Member States relating to materials and articles which contain vinyl chloride monomer and are intended to come into contact with foodstuffs</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Directive 92/2/EEC of 13 January 1992 laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption</p></td><td><p>2020</p></td></tr><tr><td><p>Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Regulation (EC) No 37/2005 of 12 January 2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Decision 2005/463/EC of 21 June 2005 establishing a network group for the exchange and coordination of information concerning coexistence of genetically modified, conventional and organic crops</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Decision 2009/770/EC of 13 October 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to Directive 2001/18/EC of the European Parliament and of the Council</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 872/2012 of 1 October 2012 adopting the list of flavouring substances provided for by Regulation (EC) No 2232/96 of the European Parliament and of the Council, introducing it in Annex I to Regulation (EC) No 1334/2008 of the European Parliament and of the Council and repealing Commission Regulation (EC) No 1565/2000 and Commission Decision 1999/217/EC</p></td><td><p>2021</p></td></tr><tr><td><p>Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November on smoke flavourings used or intended for use in or on foods</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 1321/2013 of 10 December 2013 establishing the Union list of authorised smoke flavouring primary products for use as such in or on foods and/or for the production of derived smoke flavourings</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Directive 93/11/EEC of 15 March 1993 concerning the release of the N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothers</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Regulation (EC) No 1895/2005 of 18 November 2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Recommendation of 13 July 2010 on guidelines for the development of national co-existence measures to avoid the unintended presence of GMOs in conventional and organic crops</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Regulation (EC) No 1882/2006 of 19 December 2006 laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Decision 86/474/EEC of 11 September 1986 on the implementation of the on-the-spot inspections to be carried out in respect of the importation of bovine animals and swine and fresh meat from non-member countries</p></td><td><p>2022</p></td></tr><tr><td><p>Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food</p></td><td><p>2022</p></td></tr><tr><td><p>Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Directive 2003/40/EC of 16 May 2003 establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters</p></td><td><p>2022</p></td></tr><tr><td><p>Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 1337/2013 of 13 December 2013 laying down rules for the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance for fresh, chilled and frozen meat of swine, sheep, goats and poultry</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Regulation (EU) No 115/2010 of 9 February 2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Decision 2000/608/EC of 27 September 2000 concerning the guidance notes for risk assessment outlined in Annex III of Directive 90/219/EEC on the contained use of genetically modified micro-organisms</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Regulation (EU) No 28/2012 of 11 January 2012 laying down requirements for the certification for imports into and transit through the Union of certain composite products and amending Decision 2007/275/EC and Regulation (EC) No 1162/2009</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Decision 2005/34/EC of 11 January 2005 laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries</p></td><td><p>2023</p></td></tr><tr><td><p>Council Directive 82/711/EEC of 18 October 1982 laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs</p></td><td><p>2023</p></td></tr><tr><td><p>Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction</p></td><td><p>2023</p></td></tr><tr><td><p>Council Decision 2002/812/EC of 3 October 2002 establishing pursuant to Directive 2001/18/EC of the European Parliament and of the Council the summary information format relating to the placing on the market of genetically modified organisms as or in products</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Regulation (EU) No 210/2013 of 11 March 2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Regulation (EU) No 579/2014 of 28 May 2014 granting derogation from certain provisions of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council as regards the transport of liquid oils and fats by sea</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Regulation (EU) No 432/2012 of 16 May 2012 establishing a list of permitted health claims made on foods, other than those referring to the reduction of disease risk and to children's development and health</p></td><td><p>2024</p></td></tr><tr><td><p>Council Directive 85/572/EEC of 19 December 1985 laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Regulation (EC) No 124/2009 of 10 February 2009 setting maximum levels for the presence of coccidiostats or histomonostats in food resulting from the unavoidable carry-over of these substances in non-target feed</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Directive 2007/42/EC of 29 June 2007 relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Recommendation 2011/516/EU of 23 August 2011 on the reduction of the presence of dioxins, furans and PCBs in feed and food</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Recommendation 2006/794/EC of 16 November 2006 on the monitoring of background levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in foodstuffs</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Regulation (EU) No 589/2014 of 2 June 2014 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No 252/2012</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 503/2013 of 3 April 2013 on applications for authorisation of genetically modified food and feed in accordance with Regulation (EC) No 1829/2003 of the European Parliament and of the Council and amending Commission Regulations (EC) No 641/2004 and (EC) No 1981/2006</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Recommendation 2003/598/EC of 11 August on the prevention and reduction of patulin contamination in apple juice and apple juice ingredients in other beverages</p></td><td><p>2026</p></td></tr><tr><td><p>Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation</p></td><td><p>2026</p></td></tr><tr><td><p>Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Regulation (EU) No 907/2013 of 20 September 2013 setting the rules for applications concerning the use of generic descriptors (denominations)</p></td><td><p>2026</p></td></tr><tr><td><p>Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Regulation (EU) No 284/2011 of 22 March 2011 laying down specific conditions and detailed procedures for the import of polyamide and melamine plastic kitchenware originating in or consigned from the People's Republic of China and Hong Kong Special Administrative Region, China</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Regulation (EC) No 282/2008 of 27 March 2008 on recycled plastic materials and articles intended to come into contact with foods and amending Regulation (EC) No 2023/2006</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 321/2011 of 1 April 2011 amending Regulation (EU) No 10/2011 as regards the restriction of use of Bisphenol A in plastic infant feeding bottles</p></td><td><p>2026</p></td></tr><tr><td><p>Section 3 &#8212; Plant protection</p></td></tr><tr/><tr><td><p>Commission Directive 2008/61/EC of 17 June 2008 establishing the conditions under which certain harmful organisms, plants, plant products and other objects listed in Annexes I to V to Council Directive 2000/29/EC may be introduced into or moved within the Community or certain protected zones thereof, for trial or scientific purposes and for work on varietal selections</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Recommendation 2014/63/EU of 6 February 2014 on measures to control<span>Diabrotica virgifera virgifera</span> Le Conte in Union areas where its presence is confirmed</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Directive 2004/105/EC of 15 October 2004 determining the models of official phytosanitary certificates or phytosanitary certificates for re-export accompanying plants, plant products or other objects from third countries and listed in Council Directive 2000/29/EC</p></td><td><p>2015</p></td></tr><tr><td><p>Commission Directive 94/3/EC of 21 January 1994 establishing a procedure for the notification of interception of a consignment or a harmful organism from third countries and presenting an imminent phytosanitary danger</p></td><td><p>2015</p></td></tr><tr><td><p>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</p></td><td><p>2016</p></td></tr><tr><td><p>Commission Directive 92/90/EEC of 3 November 1992 establishing obligations to which producers and importers of plants, plant products or other objects are subject and establishing details for their registration</p></td><td><p>2016</p></td></tr><tr><td><p>Council Directive 2007/33/EC of 11 June 2007 on the control of potato cyst nematodes and repealing Directive 69/465/EEC</p></td><td><p>2016</p></td></tr><tr><td><p>Council Directive 98/57/EC of 20 July 1998 on the control of<span>Ralstonia solanacearum</span> (Smith) Yabuuchi et al.</p></td><td><p>2017</p></td></tr><tr><td><p>Commission Directive 2004/103/EC of 7 October 2004 on identity and plant health checks of plants, plant products or other objects, listed in Part B of Annex V to Council Directive 2000/29/EC, which may be carried out at a place other than the point of entry into the Community or at a place close by and specifying the conditions related to these checks</p></td><td><p>2017</p></td></tr><tr><td><p>Council Directive 93/85/EC of 4 October 1993 on control of Potato Ring Rot</p></td><td><p>2017</p></td></tr><tr><td><p>Commission Regulation (EC) No 1756/2004 of 11 October 2004 specifying the detailed conditions for the evidence required and the criteria for the type and level of the reduction of the plant health checks of certain plants, plant products or other objects listed in Part B of Annex&#160;V to Council Directive 2000/29/EC</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Directive 98/22/EC of 15 April 1998 laying down the minimum conditions for carrying out plant health checks in the Community, at inspection posts other than those at the place of destination, of plants, plant products or other objects coming from third countries</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Directive 92/70/EEC of 30 July 1992 laying down detailed rules for surveys to be carried out for purposes of the recognition of protected zones in the Community</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Directive 93/51/EEC of 24 June 1993 establishing rules for movements of certain plants, plant products or other objects through a protected zone, and for movements of such plants, plant products or other objects originating in and moving within such a protected zone</p></td><td><p>2018</p></td></tr><tr><td><p>Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine</p></td><td><p>2018</p></td></tr><tr><td><p>Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Regulation (EU) No 544/2011 of 10 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the data requirements for active substances</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Regulation (EU) No 283/2013 of 1 March 2013 setting out the data requirements for active substances, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market</p></td><td><p>2018</p></td></tr><tr><td><p>Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC</p></td><td><p>2018</p></td></tr><tr><td><p>Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed</p></td><td><p>2019</p></td></tr><tr><td><p>Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 844/2012 of 18 September 2012 setting out the provisions necessary for the implementation of the renewal procedure for active substances, as provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Implementing Decision 2012/756/EU of 5 December 2012 as regards measures to prevent the introduction into and the spread within the Union of<span>Pseudomonas syringae</span> pv.<span>actinidiae</span> Takikawa, Serizawa, Ichikawa, Tsuyumu &amp; Goto</p></td><td><p>2019</p></td></tr><tr><td><p>Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production</p></td><td><p>2019</p></td></tr><tr><td><p>Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants</p></td><td><p>2019</p></td></tr><tr><td><p>Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed</p></td><td><p>2019</p></td></tr><tr><td><p>Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed</p></td><td><p>2019</p></td></tr><tr><td><p>Commission Implementing Decision 2012/138/EU of 1 March 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of<span>Anoplophora chinensis</span> (Forster)</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Implementing Decision 2012/270/EU of 16 May 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of<span>Epitrix cucumeris</span> (Harris),<span>Epitrix papa</span> sp. n.,<span>Epitrix subcrinita</span> (Lec.) and<span>Epitrix tuberis</span> (Gentner)</p></td><td><p>2020</p></td></tr><tr><td><p>Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes</p></td><td><p>2020</p></td></tr><tr><td><p>Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Decision 81/675/EEC of 28 July 1981 establishing that particular sealing systems are &#8216;non-reusable systems&#8217; within the meaning of Council Directives 66/400/EEC, 66/401/EEC, 66/402/EEC, 69/208/EEC and 70/458/EEC</p></td><td><p>2020</p></td></tr><tr><td><p>Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Regulation (EC) No 217/2006 of 8 February 2006 laying down rules for the application&#160;of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Regulation (EU) No 284/2013 of 1 March 2013 setting out the data requirements for plant protection products, 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</p></td><td><p>2020</p></td></tr><tr><td><p>Commission Regulation (EU) No 547/2011 of 8 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards labelling requirements for plant protection products</p></td><td><p>2020</p></td></tr><tr><td><p>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</p></td><td><p>2020</p></td></tr><tr><td><p>Council Directive 2006/91/EC of 7 November 2006 on control of San Jos&#233; Scale</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Decision 2006/464/EC of 27 June 2006 on provisional emergency measures to prevent the introduction into and the spread within the Community of<span>Dryocosmus kuriphilus</span> Yasumatsu</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Decision 2007/365/EC of 25 May 2007 on emergency measures to prevent the introduction into and the spread within the Community of<span>Rhynchophorus ferrugineus</span> (Olivier)</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Regulation (EU) No 546/2011 of 10 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards uniform principles for evaluation and authorisation of plant protection products</p></td><td><p>2021</p></td></tr><tr><td><p>Commission Decision 2002/757/EC of 19 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and the spread within the Community of<span>Phytophthora ramorum</span> Werres, De Cock &amp; Man in 't Veld sp. Nov</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Implementing Decision 2014/497/EU of 23 July 2014 as regards measures to prevent the introduction into and the spread within the Union of<span>Xylella fastidiosa</span> (Well and Raju)</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Implementing Decision 2012/535/EU of 26 September 2012 on emergency measures to prevent the spread within the Union of<span>Bursaphelenchus xylophilus</span> (Steiner et Buhrer) Nickle et al. (the pine wood nematode)</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Decision 80/755/EEC of 17 July 1980 authorizing the indelible printing of prescribed information on packages of cereal seed</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Directive 2004/29/EC of 4 March 2004 on determining the characteristics and minimum conditions for inspecting vine varieties</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Directive 93/61/EEC of 2 July 1993 setting out the schedules indicating the conditions to be met by vegetable propagating and planting material, other than seed pursuant to Council Directive 92/33/EEC</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Directive 93/62/EEC of 5 July 1993 setting out the implementing measures concerning the supervision and monitoring of suppliers and establishments pursuant to Council Directive 92/33/EEC on the marketing of vegetable propagating and planting material, other than seed</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Directive 93/48/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC</p></td><td><p>2022</p></td></tr><tr><td><p>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</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 541/2011 of 1 June 2011 amending Implementing Regulation (EU) No 540/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances</p></td><td><p>2022</p></td></tr><tr><td><p>Commission Decision 2004/371/EC of 20 April 2004 on conditions for the placing on the market of seed mixtures intended for use as fodder plants</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Directive 2008/124/EC of 18 December 2008 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as &#8216;basic seed&#8217; or &#8216;certified seed&#8217;</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Directive 2010/60/EU of 30 August 2010 providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Implementing Decision 2012/340/EU of 25 June 2012 on the organisation of a temporary experiment under Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards field inspection under official supervision for basic seed and bred seed of generations prior to basic seed</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Decision 2009/109/EC of 9 February 2009 on the organisation of a temporary experiment providing for certain derogations for the marketing of seed mixtures intended for use as fodder plants pursuant to Council Directive 66/401/EEC to determine whether certain species not listed in Council Directives 66/401/EEC, 66/402/EEC, 2002/55/EC or 2002/57/EC fulfil the requirements for being included in Article 2(1) (A) of Directive 66/401/EEC</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Decision 2004/200/EC of 27 February 2004 on measures to prevent the introduction into and the spread within the Community of Pepino mosaic virus</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Directive 93/64/EEC of 5 July 1993 setting out the implementing measures concerning the supervision and monitoring of suppliers and establishments pursuant to Council Directive 92/34/EEC on the marketing of fruit plant propagating material and fruit plants intended for fruit production</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Directive 93/79/EEC of 21 September 1993 setting out additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants, as kept by suppliers under Council Directive 92/34/EEC</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Directive 1999/66/EC of 28 June 1999 setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC</p></td><td><p>2023</p></td></tr><tr><td><p>Commission Directive 1999/68/EC of 28 June 1999 setting out additional provisions for lists of varieties of ornamental plants as kept by suppliers under Council Directive 98/56/EC</p></td><td><p>2023</p></td></tr><tr><td><p>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</p></td><td><p>2023</p></td></tr><tr><td><p>Council Directive 74/647/EEC of 9 December 1974 on control of carnation leaf-rollers</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Decision 2007/433/EC of 18 June 2007 on provisional emergency measures to prevent the introduction into and the spread within the Community of<span>Gibberella circinata</span> Nirenberg &amp; O'Donnell</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Regulation (EC) No 2301/2002 of 20 December 2002 laying down detailed rules for the application of Council Directive 1999/105/EC as regards the definition of small quantities of seed</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Directive 2003/90/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Decision 2004/842/EC of 1 December 2004 concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Regulation (EC) No 637/2009 of 22 July 2009 establishing implementing rules as to the suitability of the denominations of varieties of agricultural plant species and vegetable species</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Decision 90/639/EEC of 12 November 1990 determining the names to be borne by the varieties derived from the varieties of vegetable species listed in Decision 89/7/EEC</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 208/2013 of 11 March 2013 on traceability requirements for sprouts and seeds intended for the production of sprouts</p></td><td><p>2024</p></td></tr><tr><td><p>Commission Implementing Decision 2012/697/EU of 8 November 2012 as regards measures to prevent the introduction into and the spread within the Union of the genus<span>Pomacea</span> (Perry)</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Directive 93/50/EEC of 24 June 1993 specifying certain plants not listed in Annex&#160;V, part A to Council Directive 77/93/EEC, the producers of which, or the warehouses, dispatching centres in the production zones of such plants, shall be listed in an official register</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Implementing Directive 2014/20/EU of 6 February 2014 determining Union grades of basic and certified seed potatoes, and the conditions and designations applicable to such grades</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Implementing Directive 2014/21/EU of 6 February 2014 determining minimum conditions and Union grades for pre-basic seed potatoes</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Decision 97/125/EC of 24 January 1997 authorizing the indelible printing of prescribed information on packages of seed of oil and fibre plants and amending Decision 87/309/EEC authorizing the indelible printing of prescribed information on packages of certain fodder plant species</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Directive 92/105/EEC of 3 December 1992 establishing a degree of standardization for plant passports to be used for the movement of certain plants, plant products or other objects within the Community, and establishing the detailed procedures related to the issuing of such plant passports and the conditions and detailed procedures for their replacement</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Regulation (EU) No 211/2013 of 11 March 2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts</p></td><td><p>2025</p></td></tr><tr><td><p>Commission Decision 2004/266/EC of 17 March 2004 authorising the indelible printing of prescribed information on packages of seed of fodder plants</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Implementing Decision 2014/87/EU of 13 February 2014 as regards measures to prevent the spread within the Union of<span>Xylella fastidiosa</span> (Well and Raju)</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Decision 2007/410/EC of 12 June 2007 on measures to prevent the introduction into and the spread within the Community of Potato spindle tuber viroid</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties</p></td><td><p>2026</p></td></tr><tr><td><p>Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Regulation (EC) No 1768/95 of 24 July 1995 implementing rules on the agricultural exemption provided for in Article 14(3) of Council Regulation (EC) No 2100/94 on Community plant variety rights</p></td><td><p>2026</p></td></tr><tr><td><p>Commission Regulation (EC) No 874/2009 of 17 September 2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office</p></td><td><p>2026&#8217;.</p></td></tr></tbody></table>
ENG
32016D2354
<table><tr><td><p><span><img/></span></p></td><td><p><span>EUROPEAN COMMISSION</span></p></td></tr></table> Brussels, 6.3.2018 C(2018) 1495 final <table><tr><td><p><span>PUBLIC VERSION</span></p></td></tr></table> To the notifying parties: Subject : Case M. 8767 - CDPQ / HYPERION INSURANCE GROUP Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 12 February 2018 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which Caisse de dépôt et placement du Québec (‘CDPQ’, Canada), together with General Atlantic Hawthorn BV (‘GA’, The Netherlands), part of General Atlantic Group (‘GA Group’, United States), and certain natural persons , acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint c ontrol of Hyperion Insurance Group Limited ( ‘ Hyperion ’, UK) by way of purchase of shares . 3 2. The business activities of the undertakings concerned are: - for CDPQ : long-term institutional investor that manages funds for public and private pension and insurance funds, active worldwide, - for Hyperion : insurance and reinsurance broker, and underwriting agency, active worldwide, - for GA : investment holding company, part of GA Group, a private equity firm active worldwide. 3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5 ( b ) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 . 4 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1 )( b) of the Merger Regulation and Article 57 of the EEA Agreement . For the Commission ( Signed ) Johannes LAITENBERGER Director - General <note> (1) OJ L 24, 29.1.2004, p. 1 ( the ' Merger Regulation ' ). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ( ' TFEU ' ) has introduced certain changes, such as the replacement of ' Community ' by ' Union ' and ' common market ' by ' internal market ' . The terminology of the TFEU will be used throughout this decision. (2) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ). (3) Publication in the Official Journal of the European Union No C 64 , 20.02.2018 , p. 17. (4) OJ C 366, 14.12.2013, p. 5 . </note>
ENG
32018M8767
<table><col/><col/><col/><col/><tbody><tr><td><p>29.9.2017&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 252/289</p></td></tr></tbody></table> DECISION (EU) 2017/1702 OF THE EUROPEAN PARLIAMENT of 27 April 2017 on discharge in respect of the implementation of the budget of the European Agency for the Οperational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2015 THE EUROPEAN PARLIAMENT, <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the final annual accounts of the European Agency for the &#927;perational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2015,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Court of Auditors' report on the annual accounts of the European Agency for the &#927;perational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice for the financial year 2015, together with the Agency's reply<a>&#160;(<span>1</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the statement of assurance<a>&#160;(<span>2</span>)</a> as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article&#160;287 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 &#8212; C8-0079/2017),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Article 319 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25&#160;October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002<a>&#160;(<span>3</span>)</a>, and in particular Article 208 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU) No 1077/2011 of the European Parliament and of the Council of 25 October 2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice<a>&#160;(<span>4</span>)</a>, in particular Article 33 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council<a>&#160;(<span>5</span>)</a>, and in particular Article 108 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Rule 94 of and Annex IV to its Rules of Procedure,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0105/2017),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>Grants the Executive Director of the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice discharge in respect of the implementation of the Agency's budget for the financial year 2015;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>Sets out its observations in the resolution below;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Agency for the &#927;perational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the<span>Official Journal of the European Union</span> (L series).</p></td></tr></tbody></table> The President Antonio TAJANI The Secretary-General Klaus WELLE <note> ( 1 ) OJ C 449, 1.12.2016, p. 173 . ( 2 ) See footnote 1. ( 3 ) OJ L 298, 26.10.2012, p. 1 . ( 4 ) OJ L 286, 1.11.2011, p. 1 . ( 5 ) OJ L 328, 7.12.2013, p. 42 . </note>
ENG
32017B1702
<table><col/><col/><col/><col/><tbody><tr><td><p>7.3.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 66/1</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2019/368 of 4 March 2019 repealing Implementing Regulation (EU) No 444/2013 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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code ( 1 ) , and in particular Article 57(4) and Article 58(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No&#160;2658/87&#160;<a>(<span>2</span>)</a>, it is necessary to adopt measures concerning the classification of certain goods.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>By Implementing Regulation (EU) No&#160;444/2013&#160;<a>(<span>3</span>)</a>, the Commission classified a product obtained from defatted soya beans after the extraction of the oil, further extracted with water and ethanol to remove soluble carbohydrates and minerals (&#8216;product concerned&#8217;) under subheading 2309&#160;90&#160;31 of the Combined Nomenclature as &#8216;other preparations of a kind used in animal feeding&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>As regards starch in products of heading 2309, it has to be ascertained whether any starch is present by applying a qualitative test (iodine-starch reaction; microscopic analysis). Once the presence of starch has been verified, the starch content of any product of heading 2309 is determined by using the polarimetric method (Ewers method) as laid down in Part&#160;L of Annex&#160;III of Commission Regulation (EC) No&#160;152/2009&#160;<a>(<span>4</span>)</a>. Where the polarimetric method is not applicable, e.g. due to the presence in significant amounts of specific materials listed in Article&#160;1 of Commission Regulation (EC) No&#160;121/2008&#160;<a>(<span>5</span>)</a>, the enzymatic analytical method laid down in the Annex to that Regulation is to be applied.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>At the time of adoption of Implementing Regulation (EU) No&#160;444/2013, the only analytical method to be applied to the product concerned was the polarimetric method.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>By its judgment in case C-144/15 (&#8216;Customs Support Holland BV&#8217;)&#160;<a>(<span>6</span>)</a>, the Court ruled that a soya protein concentrate which has been made suitable for use as feed must be classified in heading 2309. The soya protein concentrate at issue in the main proceedings in that case is described as being obtained from dehulled, ground and steamed soya beans which first undergo an oil-extraction process, after which what remains is so-called soya meal. This meal is then treated with ethanol and water to extract the residual fat, reduce the content of components other than proteins, primarily carbohydrates or food fibre, and eliminate certain harmful substances.&#160;The soya protein concentrate obtained in this way does not contain any trace of the ethanol used and consists, inter alia, of proteins and starch.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The product at issue in the main proceedings in case C-144/15 and the product concerned are sufficiently similar as both are feed products based on soya products, which are to be classified in heading 2309. In both cases, the products are not a residue of heading 2304 directly resulting from the extraction of soya-bean oil but result from a process whereby the vegetable material from which the products have been derived has lost its essential characteristics.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>Commission Implementing Regulation (EU) 2017/68&#160;<a>(<span>7</span>)</a> added &#8216;soya products&#8217; to the list of feed materials set out in Article&#160;1 of Regulation (EC) No&#160;121/2008 in respect of which the starch content of preparations of a kind used in animal feeding (heading 2309) is to be determined using the enzymatic analytical method.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Therefore, in the interest of legal certainty as regards the tariff classification of products of heading 2309 based on soya products and in order to ensure the uniform application of the Combined Nomenclature within the Union, Implementing Regulation (EU) No&#160;444/2013 should be repealed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>It is appropriate to provide that binding tariff information issued on the basis of Implementing Regulation (EU) No 444/2013 in respect of the goods concerned by this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article&#160;34(9) of Regulation (EU) No&#160;952/2013. That period should be set at three months.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Implementing Regulation (EU) No 444/2013 is repealed. Article 2 Binding tariff information issued on the basis of Implementing Regulation (EU) No 444/2013 in respect of the goods concerned by this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation. Article 3 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 4 March 2019. For the Commission, On behalf of the President, Stephen QUEST Director-General Directorate-General for Taxation and Customs Union <note> ( 1 ) OJ L 269, 10.10.2013, p. 1 . ( 2 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 256, 7.9.1987, p. 1 ). ( 3 ) Commission Implementing Regulation (EU) No 444/2013 of 7 May 2013 concerning the classification of certain goods in the Combined Nomenclature ( OJ L 130, 15.5.2013, p. 19 ). ( 4 ) Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed ( OJ L 54, 26.2.2009, p. 1 ) ( 5 ) Commission Regulation (EC) No 121/2008 of 11 February 2008 laying down the method of analysis for the determination of starch content in preparations of a kind used in animal feeding (CN code 2309) ( OJ L 37, 12.2.2008, p. 3 ). ( 6 ) ECLI:EU:C:2016:133. ( 7 ) Commission Implementing Regulation (EU) 2017/68 of 9 January 2017 amending Regulation (EC) No 121/2008 laying down the method of analysis for the determination of starch content in preparations of a kind used in animal feeding (CN code 2309) ( OJ L 9, 13.1.2017, p. 4 ). </note>
ENG
32019R0368
2009L0030 — EN — 10.06.2016 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p>DIRECTIVE 2009/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL</p><p>of 23&#160;April 2009</p><p>amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC</p><p><a>(Text with EEA relevance)</a></p><p>(OJ L 140 5.6.2009, p. 88)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>DIRECTIVE (EU) 2016/802 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL&#160;codification&#160;of 11 May 2016</a></p></td><td><p>&#160;&#160;L&#160;132</p></td><td><p>58</p></td><td><p>21.5.2016</p></td></tr></table> DIRECTIVE 2009/30/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC (Text with EEA relevance) Article 1 Amendments to Directive 98/70/EC Directive 98/70/EC is hereby amended as follows: 1. Article 1 shall be replaced by the following: ‘Article 1 Scope This Directive sets, in respect of road vehicles, and non-road mobile machinery (including inland waterway vessels when not at sea), agricultural and forestry tractors, and recreational craft when not at sea: (a) technical specifications on health and environmental grounds for fuels to be used with positive ignition and compression-ignition engines, taking account of the technical requirements of those engines; and (b) a target for the reduction of life cycle greenhouse gas emissions.’; 2. Article 2 shall be amended as follows: (a) in the first paragraph: (i) point 3 shall be replaced by the following: ‘3. “gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors, and recreational craft” means any petroleum-derived liquid, falling within CN codes 2710 19 41 and 2710 19 45 ( 12 ), intended for use in compression ignition engines referred to in Directives 94/25/EC ( 13 ), 97/68/EC ( 14 ) and 2000/25/EC ( 15 ); (ii) the following points shall be added: ‘5. “Member States with low ambient summer temperatures” means Denmark, Estonia, Finland, Ireland, Latvia, Lithuania, Sweden and the United Kingdom; 6. “life cycle greenhouse gas emissions” means all net emissions of CO 2 , CH 4 and N 2 O that can be assigned to the fuel (including any blended components) or energy supplied. This includes all relevant stages from extraction or cultivation, including land-use changes, transport and distribution, processing and combustion, irrespective of where those emissions occur; 7. “greenhouse gas emissions per unit of energy” means the total mass of CO 2 equivalent greenhouse gas emissions associated with the fuel or energy supplied, divided by the total energy content of the fuel or energy supplied (for fuel, expressed as its low heating value); 8. “supplier” means the entity responsible for passing fuel or energy through an excise duty point or, if no excise is due, any other relevant entity designated by a Member State; 9. “biofuels” has the same meaning as in 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 ( 16 ). (b) the second paragraph shall be deleted; 3. Article 3 shall be amended as follows: (a) paragraphs 2 to 6 shall be replaced by the following: ‘2. Member States shall ensure that petrol may be placed on the market within their territory only if it complies with the environmental specifications set out in Annex I. However, Member States may, for the outermost regions, make specific provisions for the introduction of petrol with a maximum sulphur content of 10 mg/kg. Member States making use of this provision shall inform the Commission accordingly. 3. Member States shall require suppliers to ensure the placing on the market of petrol with a maximum oxygen content of 2,7 % and a maximum ethanol content of 5 % until 2013 and may require the placing on the market of such petrol for a longer period if they consider it necessary. They shall ensure the provision of appropriate information to consumers concerning the biofuel content of petrol and, in particular, on the appropriate use of different blends of petrol. 4. Member States with low ambient summer temperatures may, subject to paragraph 5, permit the placing on the market during the summer period of petrol with a maximum vapour pressure of 70 kPa. Member States in which the derogation referred to in the first subparagraph is not applied may, subject to paragraph 5, permit the placing on the market during the summer period of petrol containing ethanol with a maximum vapour pressure of 60 kPa and in addition the permitted vapour pressure waiver specified in Annex III, on condition that the ethanol used is a biofuel. 5. Where Member States wish to apply either of the derogations provided for in paragraph 4, they shall notify the Commission and provide all relevant information. The Commission shall assess the desirability and duration of the derogation, taking account of both: (a) the avoidance of socioeconomic problems resulting from higher vapour pressure, including time-limited technical adaptation needs; and (b) the environmental or health consequences of the higher vapour pressure and, in particular, the impact on compliance with Community legislation on air quality, both in the Member State concerned and in other Member States. If the Commission's assessment shows that the derogation will result in a lack of compliance with Community legislation on air quality or air pollution, including the relevant limit values and emissions ceilings, the application shall be rejected. The Commission should also take account of relevant target values. Where the Commission has raised no objections within six months of receipt of all relevant information, the Member State concerned may apply the requested derogation. 6. Notwithstanding paragraph 1, Member States may continue to permit the marketing of small quantities of leaded petrol, with a lead content not exceeding 0,15 g/l, to a maximum of 0,03 % of total sales, to be used by old vehicles of a characteristic nature and to be distributed through special interest groups.’; (b) paragraph 7 shall be deleted; 4. Article 4 shall be replaced by the following: ‘Article 4 Diesel fuel 1. Member States shall ensure that diesel fuel may be placed on the market in their territory only if it complies with the specifications set out in Annex II. Notwithstanding the requirements of Annex II, Member States may permit the placing on the market of diesel with a fatty acid methyl ester (FAME) content greater than 7 %. Member States shall ensure the provision of appropriate information to consumers concerning the biofuel, in particular FAME, content of diesel fuel. 2. Member States shall ensure that, no later than from 1 January 2008, gas oils intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors and recreational craft may be placed on the market within their territory only if the sulphur content of those gas oils does not exceed 1 000 mg/kg. From 1 January 2011, the maximum permissible sulphur content of those gas oils shall be 10 mg/kg. Member States shall ensure that liquid fuels other than those gas oils may be used in inland waterway vessels and recreational craft only if the sulphur content of those liquid fuels does not exceed the maximum permissible content of those gas oils. However, in order to accommodate minor contamination in the supply chain, Member States may, from 1 January 2011, permit gas oil intended for use by non-road mobile machinery (including inland waterway vessels), agricultural and forestry tractors and recreational craft to contain up to 20 mg/kg of sulphur at the point of final distribution to end users. Member States may also permit the continued placing on the market until 31 December 2011 of gas oil containing up to 1 000 mg/kg sulphur for rail vehicles and agricultural and forestry tractors, provided that they can ensure that the proper functioning of emissions control systems will not be compromised. 3. Member States may, for the outermost regions, make specific provision for the introduction of diesel fuel and gas oils with a maximum sulphur content of 10 mg/kg. Member States making use of this provision shall inform the Commission accordingly. 4. For Member States with severe winter weather, the maximum distillation point of 65 % at 250 °C for diesel fuels and gas oils may be replaced by a maximum distillation point of 10 % (vol/vol) at 180 °C.’; 5. the following Article shall be inserted: ‘Article 7a Greenhouse gas emission reductions 1. Member States shall designate the supplier or suppliers responsible for monitoring and reporting life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied. In the case of providers of electricity for use in road vehicles, Member States shall ensure that such providers may choose to become a contributor to the reduction obligation laid down in paragraph 2 if they can demonstrate that they can adequately measure and monitor electricity supplied for use in those vehicles. With effect from 1 January 2011, suppliers shall report annually, to the authority designated by the Member State, on the greenhouse gas intensity of fuel and energy supplied within each Member State by providing, as a minimum, the following information: (a) the total volume of each type of fuel or energy supplied, indicating where purchased and its origin; and (b) life cycle greenhouse gas emissions per unit of energy. Member States shall ensure that reports are subject to verification. The Commission shall, where appropriate, establish guidelines for the implementation of this paragraph. 2. Member States shall require suppliers to reduce as gradually as possible life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by up to 10 % by 31 December 2020, compared with the fuel baseline standard referred to in paragraph 5(b). This reduction shall consist of: (a) 6 % by 31 December 2020. Member States may require suppliers, for this reduction, to comply with the following intermediate targets: 2 % by 31 December 2014 and 4 % by 31 December 2017; (b) an indicative additional target of 2 % by 31 December 2020, subject to Article 9(1)(h), to be achieved through one or both of the following methods: (i) the supply of energy for transport supplied for use in any type of road vehicle, non-road mobile machinery (including inland waterway vessels), agricultural or forestry tractor or recreational craft; (ii) the use of any technology (including carbon capture and storage) capable of reducing life cycle greenhouse gas emissions per unit of energy from fuel or energy supplied; (c) an indicative additional target of 2 % by 31 December 2020, subject to Article 9(1)(i), to be achieved through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol, under the conditions set out in 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 ( 17 ), for reductions in the fuel supply sector. 3. Life cycle greenhouse gas emissions from biofuels shall be calculated in accordance with Article 7d. Lifecycle greenhouse gas emissions from other fuels and energy shall be calculated using a methodology laid down in accordance with paragraph 5 of this Article. 4. Member States shall ensure that a group of suppliers may choose to meet the reduction obligations pursuant to paragraph 2 jointly. In such case they shall be considered as a single supplier for the purposes of paragraph 2. 5. Measures necessary for the implementation of this Article, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). Such measures include, in particular: (a) the methodology for the calculation of life cycle greenhouse gas emissions from fuels other than biofuels and from energy; (b) the methodology specifying, before 1 January 2011, the fuel baseline standard based on the life cycle greenhouse gas emissions per unit of energy from fossil fuels in 2010 for the purposes of paragraph 2; (c) any necessary rules to give effect to paragraph 4; (d) the methodology to calculate the contribution of electric road vehicles, which shall be compatible with Article 3(4) of Directive 2009/28/EC. 6. the following Articles shall be inserted: ‘Article 7b Sustainability criteria for biofuels 1. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels shall be taken into account for the purposes of Article 7a only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 of this Article. However, biofuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, need only fulfil the sustainability criteria set out in paragraph 2 of this Article in order to be taken into account for the purposes referred to in Article 7a. 2. The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 35 %. With effect from 1 January 2017, the greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 50 %. From 1 January 2018 that greenhouse gas emissions saving shall be at least 60 % for biofuels produced in installations in which production has started on or after 1 January 2017. The greenhouse gas emission saving from the use of biofuels shall be calculated in accordance with Article 7d(1). In the case of biofuels produced by installations that were in operation on 23 January 2008, the first subparagraph shall apply from 1 April 2013. 3. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with high biodiversity value, namely, land that had one of the following statuses in or after January 2008, whether or not the land continues to have such a status: (a) primary forest and other wooded land, that is forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed; (b) areas designated: (i) by law or by the relevant competent authority for nature protection purposes; or (ii) for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature, subject to their recognition in accordance with the second subparagraph of Article 7c(4); unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes; (c) highly biodiverse grassland that is: (i) natural, namely, grassland that would remain grassland in the absence of human intervention and which maintains the natural species composition and ecological characteristics and processes; or (ii) non-natural, namely, grassland that would cease to be grassland in the absence of human intervention and which is species-rich and not degraded, unless evidence is provided that the harvesting of the raw material is necessary to preserve its grassland status. The Commission shall establish the criteria and geographic ranges to determine which grassland shall be covered by point (c) of the first subparagraph. Those measures, designed to amend non-essential elements of this Directive, by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). 4. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with high carbon stock, namely, land that had one of the following statuses in January 2008 and no longer has that status: (a) wetlands, namely, land that is covered with or saturated by water permanently or for a significant part of the year; (b) continuously forested areas, namely, land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ ; (c) land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ , unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex IV is applied, the conditions laid down in paragraph 2 of this Article would be fulfilled. The provisions of this paragraph shall not apply if, at the time the raw material was obtained, the land had the same status as it had in January 2008. 5. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil. 6. Agricultural raw materials cultivated in the Community and used for the production of biofuels taken into account for the purposes referred to in Article 7a shall be obtained in accordance with the requirements and standards under the provisions referred to under the heading “Environment” in Part A and in point 9 of Annex II to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers ( 18 ) and in accordance with the minimum requirements for good agricultural and environmental condition defined pursuant to Article 6(1) of that Regulation. 7. The Commission shall, every two years, report to the European Parliament and the Council, in respect of both third countries and Member States that are a significant source of biofuels or of raw material for biofuels consumed within the Community, on national measures taken to respect the sustainability criteria set out in paragraphs 2 to 5 and for soil, water and air protection. The first report shall be submitted in 2012. The Commission shall, every two years, report to the European Parliament and the Council on the impact on social sustainability in the Community and in third countries of increased demand for biofuel, on the impact of Community biofuel policy on the availability of foodstuffs at affordable prices, in particular for people living in developing countries, and on wider development issues. Reports shall address the respect of land use rights. They shall state, both for third countries and Member States that are a significant source of raw material for biofuel consumed within the Community, whether the country has ratified and implemented each of the following Conventions of the International Labour Organisation: — Convention concerning Forced or Compulsory Labour (No 29), — Convention concerning Freedom of Association and Protection of the Right to Organise (No 87), — Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively (No 98), — Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value (No 100), — Convention concerning the Abolition of Forced Labour (No 105), — Convention concerning Discrimination in Respect of Employment and Occupation (No 111), — Convention concerning Minimum Age for Admission to Employment (No 138), — Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (No 182). Those reports shall state, both for third countries and Member States that are a significant source of raw material for biofuel consumed within the Community, whether the country has ratified and implemented: — the Carthagena Protocol on biosafety, — the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The first report shall be submitted in 2012. The Commission shall, if appropriate, propose corrective action, in particular if evidence shows that biofuel production has a significant impact on food prices. 8. For the purposes referred to in paragraph 1, Member States shall not refuse to take into account, on other sustainability grounds, biofuels obtained in compliance with this Article. Article 7c Verification of compliance with the sustainability criteria for biofuels 1. Where biofuels are to be taken into account for the purposes of Article 7a, Member States shall require economic operators to show that the sustainability criteria set out in Article 7b(2) to (5) have been fulfilled. For that purpose they shall require economic operators to use a mass balance system which: (a) allows consignments of raw material or biofuel with differing sustainability characteristics to be mixed; (b) requires information about the sustainability characteristics and sizes of the consignments referred to in point (a) to remain assigned to the mixture; and (c) provides for the sum of all consignments withdrawn from the mixture to be described as having the same sustainability characteristics, in the same quantities, as the sum of all consignments added to the mixture. 2. The Commission shall report to the European Parliament and the Council in 2010 and 2012 on the operation of the mass balance verification method described in paragraph 1 and on the potential for allowing for other verification methods in relation to some or all types of raw material or biofuels. In its assessment the Commission shall consider those verification methods in which information about sustainability characteristics need not remain physically assigned to particular consignments or mixtures. The assessment shall take into account the need to maintain the integrity and effectiveness of the verification system while avoiding the imposition of an unreasonable burden on industry. The report shall be accompanied, where appropriate, by proposals to the European Parliament and the Council, concerning the use of other verification methods. 3. Member States shall take measures to ensure that economic operators submit reliable information and make available to the Member State, on request, the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data. The information referred to in the first subparagraph shall include in particular information on compliance with the sustainability criteria set out in Article 7b(2) to (5), appropriate and relevant information on measures taken for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce, and appropriate and relevant information concerning measures taken in order to take into account the issues referred to in the second subparagraph of Article 7b(7). The Commission shall, in accordance with the advisory procedure referred to in Article 11(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall ensure, in particular, that the provision of that information does not represent an excessive administrative burden for operators in general or for smallholder farmers, producer organisations and cooperatives in particular. The obligations laid down in this paragraph shall apply whether the biofuels are produced within the Community or imported. Member States shall submit to the Commission in aggregated form, the information referred to in the first subparagraph. The Commission shall publish that information on the transparency platform referred to in Article 24 of Directive 2009/28/EC in summary form preserving the confidentiality of commercially sensitive information. 4. The Community shall endeavour to conclude bilateral or multilateral agreements with third countries containing provisions on sustainability criteria that correspond to those in this Directive. Where the Community has concluded agreements containing provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), the Commission may decide that those agreements demonstrate that biofuels produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 7b(7). The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 7b(2) or demonstrate that consignments of biofuel comply with the sustainability criteria set out in Article 7b(3) to (5). The Commission may decide that those schemes contain accurate data for the purposes of information on measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and on the issues referred to in the second subparagraph of Article 7b(7). The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 7b(3)(b)(ii). The Commission may decide that voluntary national or international schemes to measure greenhouse gas savings contain accurate data for the purposes of Article 7b(2). The Commission may decide that land that falls within the scope of a national or regional recovery programme aimed at improving severely degraded or heavily contaminated land fulfils the criteria referred to in point 9 of Part C of Annex IV. 5. The Commission shall adopt decisions under paragraph 4 only if the agreement or scheme in question meets adequate standards of reliability, transparency and independent auditing. Schemes to measure greenhouse gas savings shall also comply with the methodological requirements in Annex IV. Lists of areas of high biodiversity value as referred to in Article 7b(3)(b)(ii) shall meet adequate standards of objectivity and coherence with internationally recognised standards and provide for appropriate appeal procedures. 6. Decisions under paragraph 4 shall be adopted in accordance with the advisory procedure referred to in Article 11(3). Such decisions shall be valid for a period of no more than five years. 7. When an economic operator provides proof or data obtained in accordance with an agreement or scheme that has been the subject of a decision under paragraph 4, to the extent covered by that decision, a Member State shall not require the supplier to provide further evidence of compliance with the sustainability criteria set out in Article 7b(2) to (5) nor information on measures referred to in the second subparagraph of paragraph 3 of this Article. 8. At the request of a Member State or on its own initiative the Commission shall examine the application of Article 7b in relation to a source of biofuel and, within six months of receipt of a request and in accordance with the advisory procedure referred to in Article 11(3), decide whether the Member State concerned may take biofuel from that source into account for the purposes of Article 7a. 9. By 31 December 2012, the Commission shall report to the European Parliament and to the Council on: (a) the effectiveness of the system in place for the provision of information on sustainability criteria; and (b) whether it is feasible and appropriate to introduce mandatory requirements in relation to air, soil or water protection, taking into account the latest scientific evidence and the Community's international obligations. The Commission shall, if appropriate, propose corrective action. Article 7d Calculation of life cycle greenhouse gas emissions from biofuels 1. For the purposes of Article 7a and Article 7b(2), life cycle greenhouse gas emissions from biofuels shall be calculated as follows: (a) where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in Part A or B of Annex IV and where the e l value for those biofuels calculated in accordance with point 7 of Part C of Annex IV is equal to or less than zero, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in Part C of Annex IV; or (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of Part C of Annex IV, where disaggregated default values in Part D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Part C of Annex IV, for all other factors. 2. By 31 March 2010, Member States shall submit to the Commission a report, including a list of those areas on their territory classified as level 2 in the nomenclature of territorial units for statistics (NUTS) or as a more disaggregated NUTS level in accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) ( 19 ) where the typical greenhouse gas emissions from cultivation of agricultural raw materials can be expected to be lower than or equal to the emissions reported under the heading “Disaggregated default values for cultivation” in Part D of Annex IV to this Directive, accompanied by a description of the method and data used to establish that list. That method shall take into account soil characteristics, climate and expected raw material yields. 3. The default values in Part A of Annex IV, and the disaggregated default values for cultivation in Part D of Annex IV, may be used only when their raw materials are: (a) cultivated outside the Community; (b) cultivated in the Community in areas included in the lists referred to in paragraph 2; or (c) waste or residues other than agricultural, aquaculture and fisheries residues. For biofuels not falling under points (a), (b) or (c), actual values for cultivation shall be used. 4. By 31 March 2010, the Commission shall submit a report to the European Parliament and to the Council on the feasibility of drawing up lists of areas in third countries where the typical greenhouse gas emissions from cultivation of agricultural raw materials can be expected to be lower than or equal to the emissions reported under the heading “cultivation” in Part D of Annex IV, accompanied if possible by such lists and a description of the method and data used to establish them. The report shall, if appropriate, be accompanied by relevant proposals. 5. The Commission shall report by 31 December 2012 at the latest, and every two years thereafter, on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to emissions from transport and processing and may, where necessary, decide to correct the values. Those measures, designed to amend non-essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). 6. The Commission shall, by 31 December 2010, submit a report to the European Parliament and to the Council reviewing the impact of indirect land use change on greenhouse gas emissions and addressing ways to minimise that impact. The report shall, if appropriate, be accompanied by a proposal, based on the best available scientific evidence, containing a concrete methodology for emissions from carbon stock changes caused by indirect land use changes, ensuring compliance with this Directive, in particular Article 7b(2). Such a proposal shall include the necessary safeguards to provide certainty for investment, undertaken before that methodology is applied. With respect to installations that produced biofuels before the end of 2013, the application of the measures referred to in the first subparagraph shall not, until 31 December 2017, lead to biofuels produced by these installations being deemed to have failed to comply with the sustainability requirements of this Directive if they would otherwise have done so, provided that those biofuels achieve a greenhouse gas saving of at least 45 %. This shall apply to the capacities of the installations of biofuels at the end of 2012. The European Parliament and the Council shall endeavour to decide by 31 December 2012 on any such proposals submitted by the Commission. 7. Annex IV may be adapted to technical and scientific progress, including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifying the methodology laid down in Part C. Those measures, designed to amend non-essential elements of this Directive, inter alia , by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). Regarding the default values and methodology laid down in Annex IV, particular consideration shall be paid to: — the method of accounting for wastes and residues, — the method of accounting for co-products, — the method of accounting for cogeneration, and, — the status given to agricultural crop residues as co-products. The default values for waste vegetable or animal oil biodiesel shall be reviewed as soon as possible. Any adaptation of or addition to the list of default values in Annex IV shall comply with the following: (a) where the contribution of a factor to overall emissions is small, or where there is limited variation, or where the cost or difficulty of establishing actual values is high, default values must be typical of normal production processes; (b) in all other cases default values must be conservative compared to normal production processes. 8. Detailed definitions, including technical specifications required for the categories set out in point 9 of Part C of Annex IV shall be established. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). Article 7e Implementing measures and reports concerning the sustainability of biofuels 1. The implementing measures referred to in the second subparagraph of Article 7b(3), the third subparagraph of Article 7c(3), Article 7c(6), Article 7c(8), Article 7d(5), the first subparagraph of Article 7d(7) and Article 7d(8) shall also take full account of the purposes of Directive 2009/28/EC. 2. The reports by the Commission to the European Parliament and to the Council referred to in Article 7b(7), Article 7c(2), Article 7c(9), Article 7d(4) and (5) and the first subparagraph of Article 7d(6), as well as the reports and information submitted pursuant to in the first and fifth subparagraphs of Article 7c(3) and Article 7d(2), shall be prepared and transmitted for the purposes of both Directive 2009/28/EC and this Directive. 7. in Article 8, paragraph 1 shall be replaced by the following: ‘1. Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in European standards EN 228:2004 and EN 590:2004 respectively.’; 8. the following Article shall be inserted: ‘Article 8a Metallic additives 1. The Commission shall conduct an assessment of the risks for health and the environment from the use of metallic additives in fuel and, for this purpose, develop a test methodology. It shall report its conclusions to the European Parliament and to the Council by 31 December 2012. 2. Pending the development of the test methodology referred to in paragraph 1, the presence of the metallic additive methylcyclopentadienyl manganese tricarbonyl (MMT) in fuel shall be limited to 6 mg of manganese per litre from 1 January 2011. The limit shall be 2 mg of manganese per litre from 1 January 2014. 3. The limit for the MMT content of fuel specified in paragraph 2 shall be revised on the basis of the results of the assessment carried out using the test methodology referred to in paragraph 1. It may be reduced to zero where justified by the risk assessment. It cannot be increased unless justified by the risk assessment. Such a measure, designed to amend non-essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). 4. Member States shall ensure that a label concerning the metallic additive content of fuel is displayed at any point where a fuel with metallic additives is made available to consumers. 5. The label shall contain the following text: “Contains metallic additives”. 6. The label shall be attached to the place where information indicating the type of fuel is displayed, in a clearly visible position. The label shall be of a size and font that is clearly visible and easily legible.’; 9. Article 9 shall be replaced by the following: ‘Article 9 Reporting 1. The Commission shall submit by 31 December 2012, and every three years thereafter, a report to the European Parliament and the Council accompanied, where appropriate, by a proposal for amendments to this Directive. That report shall in particular take account of the following: (a) the use and evolution of automotive technology and, in particular, the feasibility of increasing the maximum permitted biofuel content of petrol and diesel and the need to review the date referred to in Article 3(3); (b) Community policy on CO 2 emissions from road transport vehicles; (c) the possibility of applying the requirements of Annex II, and in particular the limit value for polycyclic aromatic hydrocarbons, to non-road mobile machinery (including inland waterways vessels), agricultural and forestry tractors and recreational craft; (d) the increase in the use of detergents in fuels; (e) the use of metallic additives other than MMT in fuels; (f) the total volume of components used in petrol and diesel having regard to Community environmental legislation, including the objectives of 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 ( 20 ) and its daughter directives; (g) the consequences of the greenhouse gas reduction target set in Article 7a(2) for the emissions trading scheme; (h) the potential need for adjustments to Articles 2(6), 2(7) and 7a(2)(b) in order to assess possible contributions for reaching a greenhouse gas reduction target of up to 10 % by 2020. These considerations shall be based on the potential for life cycle greenhouse gas emission reductions from fuels and energy within the Community, taking into account in particular any developments in environmentally safe carbon capture and storage technologies and in electric road vehicles, and the cost effectiveness of means of reducing those emissions, as referred to in Article 7a(2)(b); (i) the possibility of introducing additional measures for suppliers to reduce by 2 % life cycle greenhouse gas emissions per unit of energy, in comparison with the fuel baseline standard referred to in Article 7a(5)(b), through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol under the conditions set out in Directive 2003/87/EC, in order to assess further possible contributions for reaching a greenhouse gas reduction target of up to 10 % by 2020, as referred to in Article 7a(2)(c) of this Directive; (j) an updated cost-benefit and impact analysis of a reduction in the maximum permitted vapour pressure for petrol for the summer period below 60 kPa. 2. At the latest in 2014, the Commission shall submit a report to the European Parliament and the Council relating to the achievement of the greenhouse gas emission target for 2020 referred to in Article 7a, taking into account the need for consistency between this target and the target referred to in Article 3(3) of Directive 2009/28/EC, concerning the share of energy from renewable sources in transport, in the light of the reports referred to in Articles 23(8) and 23(9) of that Directive. The Commission shall, if appropriate, accompany its report by a proposal for modification of the target. 10. in Article 10, paragraph 1 shall be replaced by the following: ‘1. If the adaptation of the permitted analytical methods referred to in Annex I or II to technical progress is necessary, amendments, designed to amend non-essential elements of this Directive, may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4). Annex III may also be adapted to technical and scientific progress. That measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).’; 11. Article 11 shall be replaced by the following: ‘Article 11 Committee Procedure 1. Except in the cases referred to in paragraph 2, the Commission shall be assisted by the Committee on Fuel Quality. 2. For matters relating to the sustainability of biofuels under Articles 7b, 7c and 7d, the Commission shall be assisted by the Committee on the Sustainability of Biofuels and Bioliquids referred to in Article 25(2) of Directive 2009/28/EC. 3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 4. Where reference is made to this paragraph, Articles 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’; 12. Article 14 shall be deleted; 13. Annexes I, II, III and IV shall be replaced by the text appearing in the Annex to this Directive. ————— Article 3 Repeal Directive 93/12/EEC shall be repealed. Article 4 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2010 at the latest. They shall forthwith communicate to the Commission the text of those measures. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the 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. Article 5 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union . Article 6 Addressees This Directive is addressed to the Member States. ANNEX ‘ANNEX I ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH POSITIVE-IGNITION ENGINES Type : Petrol <table><col/><col/><col/><col/><tbody><tr><td><p>Parameter&#160;<a>(<span>1</span>)</a></p></td><td><p>Unit</p></td><td><p>Limits&#160;<a>(<span>2</span>)</a></p></td></tr><tr><td><p>Minimum</p></td><td><p>Maximum</p></td></tr><tr><td><p>Research octane number</p></td><td><p>&#160;</p><div/></td><td><p>95&#160;<a>(<span>3</span>)</a></p></td><td><p>&#8212;</p></td></tr><tr><td><p>Motor octane number</p></td><td><p>&#160;</p><div/></td><td><p>85</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Vapour pressure, summer period&#160;<a>(<span>4</span>)</a></p></td><td><p>kPa</p></td><td><p>&#8212;</p></td><td><p>60,0&#160;<a>(<span>5</span>)</a></p></td></tr><tr><td><p>Distillation:</p></td><td><p>&#160;</p><div/></td><td><p>&#160;</p><div/></td><td><p>&#160;</p><div/></td></tr><tr><td><p>&#8212;&#160;percentage evaporated at 100&#160;&#176;C</p></td><td><p>% v/v</p></td><td><p>46,0</p></td><td><p>&#8212;</p></td></tr><tr><td><p>&#8212;&#160;percentage evaporated at 150&#160;&#176;C</p></td><td><p>% v/v</p></td><td><p>75,0</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Hydrocarbon analysis:</p></td><td><p>&#160;</p><div/></td><td><p>&#160;</p><div/></td><td><p>&#160;</p><div/></td></tr><tr><td><p>&#8212;&#160;olefins</p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>18,0</p></td></tr><tr><td><p>&#8212;&#160;aromatics</p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>35,0</p></td></tr><tr><td><p>&#8212;&#160;benzene</p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>1,0</p></td></tr><tr><td><p>Oxygen content</p></td><td><p>% m/m</p></td><td><p>&#160;</p><div/></td><td><p>3,7</p></td></tr><tr><td><p>Oxygenates</p></td><td><p>&#160;</p><div/></td><td><p>&#160;</p><div/></td><td><p>&#160;</p><div/></td></tr><tr><td><p>&#8212;&#160;Methanol</p></td><td><p>% v/v</p></td><td><p>&#160;</p><div/></td><td><p>3,0</p></td></tr><tr><td><p>&#8212;&#160;Ethanol (stabilising agents may be necessary)</p></td><td><p>% v/v</p></td><td><p>&#160;</p><div/></td><td><p>10,0</p></td></tr><tr><td><p>&#8212;&#160;Iso-propyl alcohol</p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>12,0</p></td></tr><tr><td><p>&#8212;&#160;Tert-butyl alcohol</p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>15,0</p></td></tr><tr><td><p>&#8212;&#160;Iso-butyl alcohol</p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>15,0</p></td></tr><tr><td><p>&#8212;&#160;Ethers containing five or more carbon atoms per molecule</p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>22,0</p></td></tr><tr><td><p>&#8212;&#160;Other oxygenates&#160;<a>(<span>6</span>)</a></p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>15,0</p></td></tr><tr><td><p>Sulphur content</p></td><td><p>mg/kg</p></td><td><p>&#8212;</p></td><td><p>10,0</p></td></tr><tr><td><p>Lead content</p></td><td><p>g/l</p></td><td><p>&#8212;</p></td><td><p>0,005</p></td></tr><tr><td><p><a>(<span>1</span>)&#160;&#160;&#160;</a>Test methods shall be those specified in EN 228:2004. Member States may adopt the analytical method specified in replacement EN 228:2004 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical method it replaces.</p><p><a>(<span>2</span>)&#160;&#160;&#160;</a>The values quoted in the specification are &#8216;true values&#8217;. In the establishment of their limit values, the terms of EN ISO 4259:2006 &#8216;Petroleum products &#8212; Determination and application of precision data in relation to methods of test&#8217; have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in EN ISO 4259:2006.</p><p><a>(<span>3</span>)&#160;&#160;&#160;</a>Member States may decide to continue to permit the placing on the market of unleaded regular grade petrol with a minimum motor octane number&#160;(MON) of 81 and a minimum research octane number&#160;(RON) of 91.</p><p><a>(<span>4</span>)&#160;&#160;&#160;</a>The summer period shall begin no later than 1&#160;May and shall not end before 30&#160;September. For Member States with low ambient summer temperatures the summer period shall begin no later than 1&#160;June and shall not end before 31&#160;August.</p><p><a>(<span>5</span>)&#160;&#160;&#160;</a>In the case of Member States with low ambient summer temperatures and for which a derogation is in effect in accordance with Article&#160;3(4) and&#160;(5), the maximum vapour pressure shall be 70&#160;kPa. In the case of Member States for which a derogation is in effect in accordance with Article&#160;3(4) and&#160;(5) for petrol containing ethanol, the maximum vapour pressure shall be 60&#160;kPa plus the vapour pressure waiver specified in Annex&#160;III.</p><p><a>(<span>6</span>)&#160;&#160;&#160;</a>Other mono-alcohols and ethers with a final boiling point no higher than that stated in EN 228:2004.</p></td></tr></tbody></table> ANNEX II ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH COMPRESSION IGNITION ENGINES Type : Diesel <table><col/><col/><col/><col/><tbody><tr><td><p>Parameter&#160;<a>(<span>1</span>)</a></p></td><td><p>Unit</p></td><td><p>Limits&#160;<a>(<span>2</span>)</a></p></td></tr><tr><td><p>Minimum</p></td><td><p>Maximum</p></td></tr><tr><td><p>Cetane number</p></td><td><p>&#160;</p><div/></td><td><p>51,0</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Density at 15&#160;&#176;C</p></td><td><p>kg/m&#160;<a>(<span>3</span>)</a></p></td><td><p>&#8212;</p></td><td><p>845,0</p></td></tr><tr><td><p>Distillation:</p></td><td><p>&#160;</p><div/></td><td><p>&#160;</p><div/></td><td><p>&#160;</p><div/></td></tr><tr><td><p>&#8212;&#160;95&#160;% v/v recovered at:</p></td><td><p>&#176;C</p></td><td><p>&#8212;</p></td><td><p>360,0</p></td></tr><tr><td><p>Polycyclic aromatic hydrocarbons</p></td><td><p>% m/m</p></td><td><p>&#8212;</p></td><td><p>8,0</p></td></tr><tr><td><p>Sulphur content</p></td><td><p>mg/kg</p></td><td><p>&#8212;</p></td><td><p>10,0</p></td></tr><tr><td><p>FAME content &#8212; EN 14078</p></td><td><p>% v/v</p></td><td><p>&#8212;</p></td><td><p>7,0&#160;<a>(<span>3</span>)</a></p></td></tr><tr><td><p><a>(<span>1</span>)&#160;&#160;&#160;</a>Test methods shall be those specified in EN 590:2004. Member States may adopt the analytical method specified in replacement EN 590:2004 standard if it can be shown to give at least the same accuracy and at least the same level of precision as the analytical method it replaces.</p><p><a>(<span>2</span>)&#160;&#160;&#160;</a>The values quoted in the specification are &#8216;true values&#8217;. In the establishment of their limit values, the terms of EN ISO 4259:2006 &#8216;Petroleum products &#8212; Determination and application of precision data in relation to methods of test&#8217; have been applied and in fixing a minimum value, a minimum difference of 2R above zero has been taken into account (R = reproducibility). The results of individual measurements shall be interpreted on the basis of the criteria described in EN ISO 4259:2006.</p><p><a>(<span>3</span>)&#160;&#160;&#160;</a>FAME shall comply with EN 14214.</p></td></tr></tbody></table> ANNEX III VAPOUR PRESSURE WAIVER PERMITTED FOR PETROL CONTAINING BIOETHANOL <table><col/><col/><tbody><tr><td><p>Bioethanol content (% v/v)</p></td><td><p>Vapour pressure waiver permitted (kPa)</p></td></tr><tr><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>1</p></td><td><p>3,65</p></td></tr><tr><td><p>2</p></td><td><p>5,95</p></td></tr><tr><td><p>3</p></td><td><p>7,20</p></td></tr><tr><td><p>4</p></td><td><p>7,80</p></td></tr><tr><td><p>5</p></td><td><p>8,0</p></td></tr><tr><td><p>6</p></td><td><p>8,0</p></td></tr><tr><td><p>7</p></td><td><p>7,94</p></td></tr><tr><td><p>8</p></td><td><p>7,88</p></td></tr><tr><td><p>9</p></td><td><p>7,82</p></td></tr><tr><td><p>10</p></td><td><p>7,76</p></td></tr></tbody></table> The permitted vapour pressure waiver for intermediate bioethanol content between the values listed shall be determined by a straight line interpolation between the bioethanol content immediately above and that immediately below the intermediate value. ANNEX IV RULES FOR CALCULATING LIFE CYCLE GREENHOUSE EMISSIONS FROM BIOFUELS A. Typical and default values for biofuels if produced with no net carbon emissions from land use change <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emission saving</p></td><td><p>Default greenhouse gas emission saving</p></td></tr><tr><td><p>Sugar beet ethanol</p></td><td><p>61&#160;%</p></td><td><p>52&#160;%</p></td></tr><tr><td><p>Wheat ethanol (process fuel not specified)</p></td><td><p>32&#160;%</p></td><td><p>16&#160;%</p></td></tr><tr><td><p>Wheat ethanol (lignite as process fuel in CHP plant)</p></td><td><p>32&#160;%</p></td><td><p>16&#160;%</p></td></tr><tr><td><p>Wheat ethanol (natural gas as process fuel in conventional boiler)</p></td><td><p>45&#160;%</p></td><td><p>34&#160;%</p></td></tr><tr><td><p>Wheat ethanol (natural gas as process fuel in CHP plant)</p></td><td><p>53&#160;%</p></td><td><p>47&#160;%</p></td></tr><tr><td><p>Wheat ethanol (straw as process fuel in CHP plant)</p></td><td><p>69&#160;%</p></td><td><p>69&#160;%</p></td></tr><tr><td><p>Corn (maize) ethanol, Community produced (natural gas as process fuel in CHP plant)</p></td><td><p>56&#160;%</p></td><td><p>49&#160;%</p></td></tr><tr><td><p>Sugar cane ethanol</p></td><td><p>71&#160;%</p></td><td><p>71&#160;%</p></td></tr><tr><td><p>The part from renewable sources of ethyl-Tertio-butyl-ether (ETBE)</p></td><td><p>Equal to that of the ethanol production Pathway used</p></td></tr><tr><td><p>The part from renewable sources of tertiary-amyl-ethyl-ether (TAEE)</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>Rape seed biodiesel</p></td><td><p>45&#160;%</p></td><td><p>38&#160;%</p></td></tr><tr><td><p>Sunflower biodiesel</p></td><td><p>58&#160;%</p></td><td><p>51&#160;%</p></td></tr><tr><td><p>Soybean biodiesel</p></td><td><p>40&#160;%</p></td><td><p>31&#160;%</p></td></tr><tr><td><p>Palm oil biodiesel (process not specified)</p></td><td><p>36&#160;%</p></td><td><p>19&#160;%</p></td></tr><tr><td><p>Palm oil biodiesel (process with methane capture at oil mill)</p></td><td><p>62&#160;%</p></td><td><p>56&#160;%</p></td></tr><tr><td><p>Waste vegetable or animal&#160;<a>(<span>1</span>)</a> oil biodiesel</p></td><td><p>88&#160;%</p></td><td><p>83&#160;%</p></td></tr><tr><td><p>Hydrotreated vegetable oil from rape seed</p></td><td><p>51&#160;%</p></td><td><p>47&#160;%</p></td></tr><tr><td><p>Hydrotreated vegetable oil from sunflower</p></td><td><p>65&#160;%</p></td><td><p>62&#160;%</p></td></tr><tr><td><p>Hydrotreated vegetable oil from palm oil (process not specified)</p></td><td><p>40&#160;%</p></td><td><p>26&#160;%</p></td></tr><tr><td><p>Hydrotreated vegetable oil from palm oil (process with methane capture at oil mill)</p></td><td><p>68&#160;%</p></td><td><p>65&#160;%</p></td></tr><tr><td><p>Pure vegetable oil from rape seed</p></td><td><p>58&#160;%</p></td><td><p>57&#160;%</p></td></tr><tr><td><p>Biogas from municipal organic waste as compressed natural gas</p></td><td><p>80&#160;%</p></td><td><p>73&#160;%</p></td></tr><tr><td><p>Biogas from wet manure as compressed natural gas</p></td><td><p>84&#160;%</p></td><td><p>81&#160;%</p></td></tr><tr><td><p>Biogas from dry manure as compressed natural gas</p></td><td><p>86&#160;%</p></td><td><p>82&#160;%</p></td></tr><tr><td><p><a>(<span>1</span>)&#160;&#160;&#160;</a>Not including animal oil produced from animal by-products classified as category&#160;3 material in accordance with Regulation (EC) No&#160;1774/2002 of the European Parliament and of the Council of 3&#160;October&#160;2002 laying down health rules concerning animal by-products not intended for human consumption&#160;<a>(<span>2</span>)</a>.</p><p><a>(<span>2</span>)&#160;&#160;&#160;</a>OJ&#160;L&#160;273, 10.10.2002, p.&#160;1.</p></td></tr></tbody></table> B. Estimated typical and default values for future biofuels that were not on the market or were on the market only in negligible quantities in January 2008, if produced with no net carbon emissions from land use change <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emission saving</p></td><td><p>Default greenhouse gas emission saving</p></td></tr><tr><td><p>Wheat straw ethanol</p></td><td><p>87&#160;%</p></td><td><p>85&#160;%</p></td></tr><tr><td><p>Waste wood ethanol</p></td><td><p>80&#160;%</p></td><td><p>74&#160;%</p></td></tr><tr><td><p>Farmed wood ethanol</p></td><td><p>76&#160;%</p></td><td><p>70&#160;%</p></td></tr><tr><td><p>Waste wood Fischer-Tropsch diesel</p></td><td><p>95&#160;%</p></td><td><p>95&#160;%</p></td></tr><tr><td><p>Farmed wood Fischer-Tropsch diesel</p></td><td><p>93&#160;%</p></td><td><p>93&#160;%</p></td></tr><tr><td><p>Waste wood dimethylether (DME)</p></td><td><p>95&#160;%</p></td><td><p>95&#160;%</p></td></tr><tr><td><p>Farmed wood DME</p></td><td><p>92&#160;%</p></td><td><p>92&#160;%</p></td></tr><tr><td><p>Waste wood methanol</p></td><td><p>94&#160;%</p></td><td><p>94&#160;%</p></td></tr><tr><td><p>Farmed wood methanol</p></td><td><p>91&#160;%</p></td><td><p>91&#160;%</p></td></tr><tr><td><p>The part from renewable sources of methyl-tertio-butyl-ether (MTBE)</p></td><td><p>Equal to that of the methanol production pathway used</p></td></tr></tbody></table> C. Methodology <table><col/><col/><tr><td><p>1.</p></td><td><p>Greenhouse gas emissions from the production and use of biofuels shall be calculated as:</p><p><span>E</span> =<span>e<span>ec</span></span> +<span>e<span>l</span></span> +<span>e<span>p</span></span> +<span>e<span>td</span></span> +<span>e<span>u</span></span> &#8211;<span>e<span>sca</span></span> &#8211;<span>e<span>ccs</span></span> &#8211;<span>e<span>ccr</span></span> &#8211;<span>e<span>ee</span></span></p><p>where</p><table><col/><col/><col/><tr><td><p><span>E</span></p></td><td><p>=</p></td><td><p>total emissions from the use of the fuel;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>ec</span></span></p></td><td><p>=</p></td><td><p>emissions from the extraction or cultivation of raw materials;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>l</span></span></p></td><td><p>=</p></td><td><p>annualised emissions from carbon stock changes caused by land use change;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>p</span></span></p></td><td><p>=</p></td><td><p>emissions from processing;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>td</span></span></p></td><td><p>=</p></td><td><p>emissions from transport and distribution;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>u</span></span></p></td><td><p>=</p></td><td><p>emissions from the fuel in use;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>sca</span></span></p></td><td><p>=</p></td><td><p>emission savings from soil carbon accumulation via improved agricultural management;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>ccs</span></span></p></td><td><p>=</p></td><td><p>emission savings from carbon capture and geological storage;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>ccr</span></span></p></td><td><p>=</p></td><td><p>emission savings from carbon capture and replacement; and</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>ee</span></span></p></td><td><p>=</p></td><td><p>emission savings from excess electricity from cogeneration.</p></td></tr></table><p>Emissions from the manufacture of machinery and equipment shall not be taken into account.</p></td></tr></table> <table><col/><col/><tr><td><p>2.</p></td><td><p>Greenhouse gas emissions from fuels, E, shall be expressed in terms of grams of CO<span>2</span> equivalent per MJ of fuel, gCO<span>2eq</span>/MJ.</p></td></tr></table> <table><col/><col/><tr><td><p>3.</p></td><td><p>By derogation from point&#160;2, values calculated in terms of gCO<span>2eq</span>/MJ may be adjusted to take into account differences between fuels in useful work done, expressed in terms of km/MJ. Such adjustments shall only be made where evidence of the differences in useful work done is provided.</p></td></tr></table> <table><col/><col/><tr><td><p>4.</p></td><td><p>Greenhouse gas emission savings from biofuels shall be calculated as:</p><p><span>SAVING</span> = (<span>E<span>F</span></span> &#8211;<span>E<span>B</span></span>)/<span>E<span>F</span></span></p><p>where</p><table><col/><col/><col/><tr><td><p><span>E<span>B</span></span></p></td><td><p>=</p></td><td><p>total emissions from the biofuel; and</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>E<span>F</span></span></p></td><td><p>=</p></td><td><p>total emissions from the fossil fuel comparator.</p></td></tr></table></td></tr></table> <table><col/><col/><tr><td><p>5.</p></td><td><p>The greenhouse gases taken into account for the purposes of point&#160;1 shall be CO<span>2</span>, N<span>2</span>O and CH<span>4</span>. For the purpose of calculating CO<span>2</span> equivalence, those gases shall be valued as follows:</p><table><col/><col/><col/><tr><td><p>CO<span>2</span></p></td><td><p>:</p></td><td><p>1</p></td></tr></table><table><col/><col/><col/><tr><td><p>N<span>2</span>O</p></td><td><p>:</p></td><td><p>296</p></td></tr></table><table><col/><col/><col/><tr><td><p>CH<span>4</span></p></td><td><p>:</p></td><td><p>23</p></td></tr></table></td></tr></table> <table><col/><col/><tr><td><p>6.</p></td><td><p>Emissions from the extraction or cultivation of raw materials, e<span>ec</span>, shall include emissions from the extraction or cultivation process itself; from the collection of raw materials; from waste and leakages; and from the production of chemicals or products used in extraction or cultivation. Capture of CO<span>2</span> in the cultivation of raw materials shall be excluded. Certified reductions of greenhouse gas emissions from flaring at oil production sites anywhere in the world shall be deducted. Estimates of emissions from cultivation may be derived from the use of averages calculated for smaller geographical areas than those used in the calculation of the default values, as an alternative to using actual values.</p></td></tr></table> <table><col/><col/><tr><td><p>7.</p></td><td><p>Annualised emissions from carbon stock changes caused by land use change, e<span>l</span>, shall be calculated by dividing total emissions equally over 20 years. For the calculation of those emissions the following rule shall be applied:</p><p><span>e<span>l</span></span> = (<span>CS<span>R</span></span> &#8211;<span>CS<span>A</span></span>) &#215; 3,664 &#215; 1/20 &#215; 1/<span>P</span> &#8211;<span>e<span>B</span></span>&#160;(<a><span>21</span></a>),</p><p>where</p><table><col/><col/><col/><tr><td><p><span>e<span>l</span></span></p></td><td><p>=</p></td><td><p>annualised greenhouse gas emissions from carbon stock change due to land use change (measured as mass of CO<span>2</span>-equivalent per unit biofuel energy);</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>CS<span>R</span></span></p></td><td><p>=</p></td><td><p>the carbon stock per unit area associated with the reference land use (measured as mass of carbon per unit area, including both soil and&#160;vegetation). The reference land use shall be the land use in January 2008 or&#160;20 years before the raw material was obtained, whichever was the later;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>CS<span>A</span></span></p></td><td><p>=</p></td><td><p>the carbon stock per unit area associated with the actual land use (measured as mass of carbon per unit area, including both soil and&#160;vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to<span>CS<span>A</span></span> shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever is the earlier;</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>P</span></p></td><td><p>=</p></td><td><p>the productivity of the crop (measured as biofuel energy per unit area per year); and</p></td></tr></table><table><col/><col/><col/><tr><td><p><span>e<span>B</span></span></p></td><td><p>=</p></td><td><p>bonus of 29 gCO<span>2eq</span>/MJ biofuel if biomass is obtained from restored degraded land under the conditions provided for in point&#160;8.</p></td></tr></table></td></tr></table> <table><col/><col/><tr><td><p>8.</p></td><td><p>The bonus of 29 gCO<span>2eq</span>/MJ shall be attributed if evidence is provided that the land:</p><div><p>(a)<span>&#160;</span>was not in use for agriculture or any other activity in January 2008; and</p></div><div><p>(b)<span>&#160;</span>falls into one of the following categories:</p><div><p>(i)<span>&#160;</span>severely degraded land, including such land that was formerly in agricultural use;</p></div><div><p>(ii)<span>&#160;</span>heavily contaminated land.</p></div></div><p>The bonus of 29 gCO<span>2eq</span>/MJ shall apply for a period of up to&#160;10 years from the date of conversion of the land to agricultural use, provided that a steady increase in carbon stocks as well as a sizable reduction in erosion phenomena for land falling under (i) are ensured and that soil contamination for land falling under (ii) is reduced.</p></td></tr></table> <table><col/><col/><tr><td><p>9.</p></td><td><p>The categories mentioned in point&#160;8(b) are defined as follows:</p><div><p>(a)<span>&#160;</span>&#8216;severely degraded land&#8217; means land that, for a significant period of time, has either been significantly salinated or presented significantly low organic matter content and been severely eroded;</p></div><div><p>(b)<span>&#160;</span>&#8216;heavily contaminated land&#8217; means land that is unfit for the cultivation of food and feed due to soil contamination.</p></div><p>Such land shall include land that has been the subject of a Commission decision in accordance with the fourth subparagraph of Article&#160;7c(3).</p></td></tr></table> <table><col/><col/><tr><td><p>10.</p></td><td><p>The guide adopted pursuant to point&#160;10 of Part C of Annex&#160;V to Directive 2009/28/EC shall serve as the basis of the calculation of land carbon stocks for the purposes of this Directive.</p></td></tr></table> <table><col/><col/><tr><td><p>11.</p></td><td><p>Emissions from processing,<span>e<span>p</span></span>, shall include emissions from the processing itself; from waste and leakages; and from the production of chemicals or products used in processing.</p><p>In accounting for the consumption of electricity not produced within the fuel production plant, the greenhouse gas emission intensity of the production and distribution of that electricity shall be assumed to be equal to the average emission intensity of the production and distribution of electricity in a defined region. As an exception to this rule producers may use an average value for an individual electricity production plant for electricity produced by that plant, if that plant is not connected to the electricity grid.</p></td></tr></table> <table><col/><col/><tr><td><p>12.</p></td><td><p>Emissions from transport and distribution,<span>e<span>td</span></span>, shall include emissions from the transport and storage of raw and semi-finished materials and from the storage and distribution of finished materials. Emissions from transport and distribution to be taken into account under point&#160;6 shall not be covered by this point.</p></td></tr></table> <table><col/><col/><tr><td><p>13.</p></td><td><p>Emissions from the fuel in use,<span>e<span>u</span></span>, shall be taken to be zero for biofuels.</p></td></tr></table> <table><col/><col/><tr><td><p>14.</p></td><td><p>Emission savings from carbon capture and geological storage<span>e<span>ccs</span></span>, that have not already been accounted for in<span>e<span>p</span></span>, shall be limited to emissions avoided through the capture and sequestration of emitted CO<span>2</span> directly related to the extraction, transport, processing and distribution of fuel.</p></td></tr></table> <table><col/><col/><tr><td><p>15.</p></td><td><p>Emission savings from carbon capture and replacement,<span>e<span>ccr</span></span>, shall be limited to emissions avoided through the capture of CO<span>2</span> of which the carbon originates from biomass and which is used to replace fossil-derived CO<span>2</span> used in commercial products and services.</p></td></tr></table> <table><col/><col/><tr><td><p>16.</p></td><td><p>Emission savings from excess electricity from cogeneration,<span>e<span>ee</span></span>, shall be taken into account in relation to the excess electricity produced by fuel production systems that use cogeneration except where the fuel used for the cogeneration is a co-product other than an agricultural crop residue. In accounting for that excess electricity, the size of the cogeneration unit shall be assumed to be the minimum necessary for the cogeneration unit to supply the heat that is needed to produce the fuel. The greenhouse gas emission savings associated with that excess electricity shall be taken to be equal to the amount of greenhouse gas that would be emitted when an equal amount of electricity was generated in a power plant using the same fuel as the cogeneration unit.</p></td></tr></table> <table><col/><col/><tr><td><p>17.</p></td><td><p>Where a fuel production process produces, in combination, the fuel for which emissions are being calculated and one or more other products (co-products), greenhouse gas emissions shall be divided between the fuel or its intermediate product and the co-products in proportion to their energy content (determined by lower heating value in the case of co-products other than electricity).</p></td></tr></table> <table><col/><col/><tr><td><p>18.</p></td><td><p>For the purposes of the calculation referred to in point&#160;17, the emissions to be divided shall be<span>e<span>ec</span></span> +<span>e<span>l</span></span> + those fractions of<span>e<span>p</span></span>,<span>e<span>td</span></span> and<span>e<span>ee</span></span> that take place up to and including the process step at which a co-product is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used for this purpose instead of the total of those emissions.</p><p>All co-products, including electricity that does not fall under the scope of point&#160;16, shall be taken into account for the purposes of that calculation, except for agricultural crop residues, including straw, bagasse, husks, cobs and nut shells. Co-products that have a negative energy content shall be considered to have an energy content of zero for the purpose of the calculation.</p><p>Wastes, agricultural crop residues, including straw, bagasse, husks, cobs and nut shells, and residues from processing, including crude glycerine (glycerine that is not refined), shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those materials.</p><p>In the case of fuels produced in refineries, the unit of analysis for the purposes of the calculation referred to in point&#160;17 shall be the refinery.</p></td></tr></table> <table><col/><col/><tr><td><p>19.</p></td><td><p>For the purposes of the calculation referred to in point&#160;4, the fossil fuel comparator<span>E<span>F</span></span> shall be the latest available actual average emissions from the fossil part of petrol and diesel consumed in the Community as reported under this Directive. If no such data are available, the value used shall be 83,8 gCO<span>2eq</span>/MJ.</p></td></tr></table> D. Disaggregated default values for biofuels Disaggregated default values for cultivation: ‘e ec ’ as defined in Part C of this Annex <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td><td><p>Default greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td></tr><tr><td><p>Sugar beet ethanol</p></td><td><p>12</p></td><td><p>12</p></td></tr><tr><td><p>Wheat ethanol</p></td><td><p>23</p></td><td><p>23</p></td></tr><tr><td><p>Corn (maize) ethanol, Community produced</p></td><td><p>20</p></td><td><p>20</p></td></tr><tr><td><p>Sugar cane ethanol</p></td><td><p>14</p></td><td><p>14</p></td></tr><tr><td><p>The part from renewable sources of ETBE</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>The part from renewable sources of TAEE</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>Rape seed biodiesel</p></td><td><p>29</p></td><td><p>29</p></td></tr><tr><td><p>Sunflower biodiesel</p></td><td><p>18</p></td><td><p>18</p></td></tr><tr><td><p>Soybean biodiesel</p></td><td><p>19</p></td><td><p>19</p></td></tr><tr><td><p>Palm oil biodiesel</p></td><td><p>14</p></td><td><p>14</p></td></tr><tr><td><p>Waste vegetable or animal&#160;<a>(<span>1</span>)</a> oil biodiesel</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>Hydrotreated vegetable oil from rape seed</p></td><td><p>30</p></td><td><p>30</p></td></tr><tr><td><p>Hydrotreated vegetable oil from sunflower</p></td><td><p>18</p></td><td><p>18</p></td></tr><tr><td><p>Hydrotreated vegetable oil from palm oil</p></td><td><p>15</p></td><td><p>15</p></td></tr><tr><td><p>Pure vegetable oil from rape seed</p></td><td><p>30</p></td><td><p>30</p></td></tr><tr><td><p>Biogas from municipal organic waste as compressed natural gas</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>Biogas from wet manure as compressed natural gas</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>Biogas from dry manure as compressed natural gas</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p><a>(<span>1</span>)&#160;&#160;&#160;</a>Not including animal oil produced from animal by-products classified as category&#160;3 material in accordance with Regulation (EC) No&#160;1774/2002.</p></td></tr></tbody></table> Disaggregated default values for processing (including excess electricity): ‘e p – e ee ’ as defined in Part C of this Annex <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td><td><p>Default greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td></tr><tr><td><p>Sugar beet ethanol</p></td><td><p>19</p></td><td><p>26</p></td></tr><tr><td><p>Wheat ethanol (process fuel not specified)</p></td><td><p>32</p></td><td><p>45</p></td></tr><tr><td><p>Wheat ethanol (lignite as process fuel in CHP plant)</p></td><td><p>32</p></td><td><p>45</p></td></tr><tr><td><p>Wheat ethanol (natural gas as process fuel in conventional boiler)</p></td><td><p>21</p></td><td><p>30</p></td></tr><tr><td><p>Wheat ethanol (natural gas as process fuel in CHP plant)</p></td><td><p>14</p></td><td><p>19</p></td></tr><tr><td><p>Wheat ethanol (straw as process fuel in CHP plant)</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Corn (maize) ethanol, Community produced (natural gas as process fuel in CHP plant)</p></td><td><p>15</p></td><td><p>21</p></td></tr><tr><td><p>Sugar cane ethanol</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>The part from renewable sources of ETBE</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>The part from renewable sources of TAEE</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>Rape seed biodiesel</p></td><td><p>16</p></td><td><p>22</p></td></tr><tr><td><p>Sunflower biodiesel</p></td><td><p>16</p></td><td><p>22</p></td></tr><tr><td><p>Soybean biodiesel</p></td><td><p>18</p></td><td><p>26</p></td></tr><tr><td><p>Palm oil biodiesel (process not specified)</p></td><td><p>35</p></td><td><p>49</p></td></tr><tr><td><p>Palm oil biodiesel (process with methane capture at oil mill)</p></td><td><p>13</p></td><td><p>18</p></td></tr><tr><td><p>Waste vegetable or animal oil biodiesel</p></td><td><p>9</p></td><td><p>13</p></td></tr><tr><td><p>Hydrotreated vegetable oil from rape seed</p></td><td><p>10</p></td><td><p>13</p></td></tr><tr><td><p>Hydrotreated vegetable oil from sunflower</p></td><td><p>10</p></td><td><p>13</p></td></tr><tr><td><p>Hydrotreated vegetable oil from palm oil (process not specified)</p></td><td><p>30</p></td><td><p>42</p></td></tr><tr><td><p>Hydrotreated vegetable oil from palm oil (process with methane capture at oil mill)</p></td><td><p>7</p></td><td><p>9</p></td></tr><tr><td><p>Pure vegetable oil from rape seed</p></td><td><p>4</p></td><td><p>5</p></td></tr><tr><td><p>Biogas from municipal organic waste as compressed natural gas</p></td><td><p>14</p></td><td><p>20</p></td></tr><tr><td><p>Biogas from wet manure as compressed natural gas</p></td><td><p>8</p></td><td><p>11</p></td></tr><tr><td><p>Biogas from dry manure as compressed natural gas</p></td><td><p>8</p></td><td><p>11</p></td></tr></tbody></table> Disaggregated default values for transport and distribution: ‘e td ’ as defined in Part C of this Annex <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td><td><p>Default greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td></tr><tr><td><p>Sugar beet ethanol</p></td><td><p>2</p></td><td><p>2</p></td></tr><tr><td><p>Wheat ethanol</p></td><td><p>2</p></td><td><p>2</p></td></tr><tr><td><p>Corn (maize) ethanol, Community produced</p></td><td><p>2</p></td><td><p>2</p></td></tr><tr><td><p>Sugar cane ethanol</p></td><td><p>9</p></td><td><p>9</p></td></tr><tr><td><p>The part from renewable sources of ETBE</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>The part from renewable sources of TAEE</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>Rape seed biodiesel</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Sunflower biodiesel</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Soybean biodiesel</p></td><td><p>13</p></td><td><p>13</p></td></tr><tr><td><p>Palm oil biodiesel</p></td><td><p>5</p></td><td><p>5</p></td></tr><tr><td><p>Waste vegetable or animal oil biodiesel</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Hydrotreated vegetable oil from rape seed</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Hydrotreated vegetable oil from sunflower</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Hydrotreated vegetable oil from palm oil</p></td><td><p>5</p></td><td><p>5</p></td></tr><tr><td><p>Pure vegetable oil from rape seed</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Biogas from municipal organic waste as compressed natural gas</p></td><td><p>3</p></td><td><p>3</p></td></tr><tr><td><p>Biogas from wet manure as compressed natural gas</p></td><td><p>5</p></td><td><p>5</p></td></tr><tr><td><p>Biogas from dry manure as compressed natural gas</p></td><td><p>4</p></td><td><p>4</p></td></tr></tbody></table> Total for cultivation, processing, transport and distribution <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td><td><p>Default greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td></tr><tr><td><p>Sugar beet ethanol</p></td><td><p>33</p></td><td><p>40</p></td></tr><tr><td><p>Wheat ethanol (process fuel not specified)</p></td><td><p>57</p></td><td><p>70</p></td></tr><tr><td><p>Wheat ethanol (lignite as process fuel in CHP plant)</p></td><td><p>57</p></td><td><p>70</p></td></tr><tr><td><p>Wheat ethanol (natural gas as process fuel in conventional boiler)</p></td><td><p>46</p></td><td><p>55</p></td></tr><tr><td><p>Wheat ethanol (natural gas as process fuel in CHP plant)</p></td><td><p>39</p></td><td><p>44</p></td></tr><tr><td><p>Wheat ethanol (straw as process fuel in CHP plant)</p></td><td><p>26</p></td><td><p>26</p></td></tr><tr><td><p>Corn (maize) ethanol, Community produced (natural gas as process fuel in CHP plant)</p></td><td><p>37</p></td><td><p>43</p></td></tr><tr><td><p>Sugar cane ethanol</p></td><td><p>24</p></td><td><p>24</p></td></tr><tr><td><p>The part from renewable sources of ETBE</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>The part from renewable sources of TAEE</p></td><td><p>Equal to that of the ethanol production pathway used</p></td></tr><tr><td><p>Rape seed biodiesel</p></td><td><p>46</p></td><td><p>52</p></td></tr><tr><td><p>Sunflower biodiesel</p></td><td><p>35</p></td><td><p>41</p></td></tr><tr><td><p>Soybean biodiesel</p></td><td><p>50</p></td><td><p>58</p></td></tr><tr><td><p>Palm oil biodiesel (process not specified)</p></td><td><p>54</p></td><td><p>68</p></td></tr><tr><td><p>Palm oil biodiesel (process with methane capture at oil mill)</p></td><td><p>32</p></td><td><p>37</p></td></tr><tr><td><p>Waste vegetable or animal oil biodiesel</p></td><td><p>10</p></td><td><p>14</p></td></tr><tr><td><p>Hydrotreated vegetable oil from rape seed</p></td><td><p>41</p></td><td><p>44</p></td></tr><tr><td><p>Hydrotreated vegetable oil from sunflower</p></td><td><p>29</p></td><td><p>32</p></td></tr><tr><td><p>Hydrotreated vegetable oil from palm oil (process not specified)</p></td><td><p>50</p></td><td><p>62</p></td></tr><tr><td><p>Hydrotreated vegetable oil from palm oil (process with methane capture at oil mill)</p></td><td><p>27</p></td><td><p>29</p></td></tr><tr><td><p>Pure vegetable oil from rape seed</p></td><td><p>35</p></td><td><p>36</p></td></tr><tr><td><p>Biogas from municipal organic waste as compressed natural gas</p></td><td><p>17</p></td><td><p>23</p></td></tr><tr><td><p>Biogas from wet manure as compressed natural gas</p></td><td><p>13</p></td><td><p>16</p></td></tr><tr><td><p>Biogas from dry manure as compressed natural gas</p></td><td><p>12</p></td><td><p>15</p></td></tr></tbody></table> E. Estimated disaggregated default values for future biofuels that were not on the market or were only on the market in negligible quantities in January 2008 Disaggregated values for cultivation: ‘e ec ’ as defined in Part C of this Annex <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas missions</p><p>(gCO<span>2eq</span>/MJ)</p></td><td><p>Default greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td></tr><tr><td><p>Wheat straw ethanol</p></td><td><p>3</p></td><td><p>3</p></td></tr><tr><td><p>Waste wood ethanol</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Farmed wood ethanol</p></td><td><p>6</p></td><td><p>6</p></td></tr><tr><td><p>Waste wood Fischer-Tropsch diesel</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Farmed wood Fischer-Tropsch diesel</p></td><td><p>4</p></td><td><p>4</p></td></tr><tr><td><p>Waste wood DME</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Farmed wood DME</p></td><td><p>5</p></td><td><p>5</p></td></tr><tr><td><p>Waste wood methanol</p></td><td><p>1</p></td><td><p>1</p></td></tr><tr><td><p>Farmed wood methanol</p></td><td><p>5</p></td><td><p>5</p></td></tr><tr><td><p>The part from renewable sources of MTBE</p></td><td><p>Equal to that of the methanol production pathway used</p></td></tr></tbody></table> Disaggregated values for processing (including excess electricity): ‘e p – e ee ’ as defined in Part C of this Annex <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td><td><p>Default greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td></tr><tr><td><p>Wheat straw ethanol</p></td><td><p>5</p></td><td><p>7</p></td></tr><tr><td><p>Wood ethanol</p></td><td><p>12</p></td><td><p>17</p></td></tr><tr><td><p>Wood Fischer-Tropsch diesel</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>Wood DME</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>Wood methanol</p></td><td><p>0</p></td><td><p>0</p></td></tr><tr><td><p>The part from renewable sources of MTBE</p></td><td><p>Equal to that of the methanol production pathway used</p></td></tr></tbody></table> Disaggregated values for transport and distribution: ‘e td ’ as defined in Part C of this Annex <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td><td><p>Default greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td></tr><tr><td><p>Wheat straw ethanol</p></td><td><p>2</p></td><td><p>2</p></td></tr><tr><td><p>Waste wood ethanol</p></td><td><p>4</p></td><td><p>4</p></td></tr><tr><td><p>Farmed wood ethanol</p></td><td><p>2</p></td><td><p>2</p></td></tr><tr><td><p>Waste wood Fischer-Tropsch diesel</p></td><td><p>3</p></td><td><p>3</p></td></tr><tr><td><p>Farmed wood Fischer-Tropsch diesel</p></td><td><p>2</p></td><td><p>2</p></td></tr><tr><td><p>Waste wood DME</p></td><td><p>4</p></td><td><p>4</p></td></tr><tr><td><p>Farmed wood DME</p></td><td><p>2</p></td><td><p>2</p></td></tr><tr><td><p>Waste wood methanol</p></td><td><p>4</p></td><td><p>4</p></td></tr><tr><td><p>Farmed wood methanol</p></td><td><p>2</p></td><td><p>2</p></td></tr><tr><td><p>The part from renewable sources of MTBE</p></td><td><p>Equal to that of the methanol production pathway used</p></td></tr></tbody></table> Total for cultivation, processing, transport and distribution <table><col/><col/><col/><tbody><tr><td><p>Biofuel production pathway</p></td><td><p>Typical greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td><td><p>Default greenhouse gas emissions</p><p>(gCO<span>2eq</span>/MJ)</p></td></tr><tr><td><p>Wheat straw ethanol</p></td><td><p>11</p></td><td><p>13</p></td></tr><tr><td><p>Waste wood ethanol</p></td><td><p>17</p></td><td><p>22</p></td></tr><tr><td><p>Farmed wood ethanol</p></td><td><p>20</p></td><td><p>25</p></td></tr><tr><td><p>Waste wood Fischer-Tropsch diesel</p></td><td><p>4</p></td><td><p>4</p></td></tr><tr><td><p>Farmed wood Fischer-Tropsch diesel</p></td><td><p>6</p></td><td><p>6</p></td></tr><tr><td><p>Waste wood DME</p></td><td><p>5</p></td><td><p>5</p></td></tr><tr><td><p>Farmed wood DME</p></td><td><p>7</p></td><td><p>7</p></td></tr><tr><td><p>Waste wood methanol</p></td><td><p>5</p></td><td><p>5</p></td></tr><tr><td><p>Farmed wood methanol</p></td><td><p>7</p></td><td><p>7</p></td></tr><tr><td><p>The part from renewable sources of MTBE</p></td><td><p>Equal to that of the methanol production pathway used&#8217;</p></td></tr></tbody></table> <note> ( 1 ) OJ C 44, 16.2.2008, p. 53. ( 2 ) Opinion of the European Parliament of 17 December 2008 (not yet published in the Official Journal) and Council Decision of 6 April 2009. ( 3 ) OJ L 350, 28.12.1998, p. 58. ( 4 ) OJ L 242, 10.9.2002, p. 1. ( 5 ) OJ L 152, 11.6.2008, p. 43. ( 6 ) OJ L 59, 27.2.1998, p. 1. ( 7 ) See page 16 of this Official Journal. ( 8 ) OJ C 321, 31.12.2003, p. 1. ( 9 ) OJ L 184, 17.7.1999, p. 23. ( 10 ) OJ L 121, 11.5.1999, p. 13. ( 11 ) OJ L 74, 27.3.1993, p. 81. ( 12 ) The numbering of these CN codes as specified in the Common Customs Tariff (OJ L 256, 7.6.1987, p. 1). ( 13 ) OJ L 164, 30.6.1994, p. 15. ( 14 ) OJ L 59, 27.2.1998, p. 1. ( 15 ) OJ L 173, 12.7.2000, p. 1.’; ( 16 ) OJ L 140, 5.6.2009, p. 16.’; ( 17 ) OJ L 275, 25.10.2003, p. 32.’; ( 18 ) OJ L 30, 31.1.2009, p. 16. ( 19 ) OJ L 154, 21.6.2003, p. 1.’; ( 20 ) OJ L 327, 22.12.2000, p. 1.’; ( 21 ) The quotient obtained by dividing the molecular weight of CO 2 (44,010 g/mol) by the molecular weight of carbon (12,011 g/mol) is equal to 3,664. </note>
ENG
02009L0030-20160610
<table><col/><col/><col/><col/><tbody><tr><td><p>11.12.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 417/201</p></td></tr></tbody></table> DECISION (EU) 2020/1898 OF THE EUROPEAN PARLIAMENT of 13 May 2020 on the closure of the accounts of the European Centre for the Development of Vocational Training (now European Centre for the Development of Vocational Training (Cedefop)) for the financial year 2018 THE EUROPEAN PARLIAMENT, <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2018,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Court of Auditors&#8217; annual report on EU agencies for the financial year 2018, together with the agencies&#8217; replies&#160;<a>(<span>1</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the statement of assurance&#160;<a>(<span>2</span>)</a> as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2018, pursuant to Article 287 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Council&#8217;s recommendation of 18 February 2020 on discharge to be given to the Centre in respect of the implementation of the budget for the financial year 2018 (05761/2020 &#8211; C9-0033/2020),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Article 319 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to 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&#160;<a>(<span>3</span>)</a>, and in particular Article 208 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012&#160;<a>(<span>4</span>)</a>, and in particular Article 70 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training&#160;<a>(<span>5</span>)</a>, and in particular Article 12a thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75&#160;<a>(<span>6</span>)</a>, and in particular Article 15 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30&#160;September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council&#160;<a>(<span>7</span>)</a>, and in particular Article 108 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Delegated Regulation (EU) 2019/715 of 18&#160;December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article&#160;70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council&#160;<a>(<span>8</span>)</a>, and in particular Article&#160;105 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Rule 100 of and Annex V to its Rules of Procedure,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the opinion of the Committee on Employment and Social Affairs,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the report of the Committee on Budgetary Control (A9-0040/2020),</p></td></tr></tbody></table> 1. Approves the closure of the accounts of the European Centre for the Development of Vocational Training for the financial year 2018; 2. Instructs its President to forward this decision to the Executive Director of the European Centre for the Development of Vocational Training (Cedefop), the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series). The President David Maria SASSOLI The Secretary-General Klaus WELLE <note> ( 1 ) OJ C 417, 11.12.2019, p. 1 . ( 2 ) OJ C 417, 11.12.2019, p. 1 . ( 3 ) OJ L 298, 26.10.2012, p. 1 . ( 4 ) OJ L 193, 30.7.2018, p. 1 . ( 5 ) OJ L 39, 13.2.1975, p. 1 . ( 6 ) OJ L 30, 31.1.2019, p. 90 . ( 7 ) OJ L 328, 7.12.2013, p. 42 . ( 8 ) OJ L 122, 10.5.2019, p. 1 . </note>
ENG
32020B1898
<table><col/><col/><col/><tbody><tr><td><img/></td><td><p>Official Journal<br/>of the European Union</p></td><td><p>EN</p><p>Series C</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>C/2023/1599</p></td><td><p>22.12.2023</p></td></tr></tbody></table> Statutes of the Low Frequency Array European Research Infrastructure Consortium (LOFAR ERIC) (C/2023/1599) Table of Contents <table><col/><col/><tbody><tr><td>PREAMBLE</td><td>3</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>CHAPTER 1 &#8211;</p></td><td>ESSENTIAL ELEMENTS</td><td>3</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;1</p></td><td><span>Legal form and name</span></td><td>3</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;2</p></td><td><span>Statutory seat</span></td><td>3</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;3</p></td><td><span>Tasks and activities</span></td><td>3</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;4</p></td><td><span>Duration and the procedure for the winding-up</span></td><td>4</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;5</p></td><td><span>Liability and insurance</span></td><td>5</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;6</p></td><td><span>Access policy to LOFAR ERIC services</span></td><td>5</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;7</p></td><td><span>Scientific evaluation policy</span></td><td>5</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;8</p></td><td><span>Dissemination policy</span></td><td>5</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;9</p></td><td><span>Intellectual Property Rights policy</span></td><td>6</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;10</p></td><td><span>Employment policy</span></td><td>6</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;11</p></td><td><span>Procurement policy</span></td><td>6</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>CHAPTER 2 &#8211;</p></td><td>GENERAL PROVISIONS</td><td>6</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;12</p></td><td><span>Definitions</span></td><td>6</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;13</p></td><td><span>Working language</span></td><td>7</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>CHAPTER 3 &#8211;</p></td><td>MEMBERSHIP AND OBSERVERSHIP</td><td>7</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;14</p></td><td><span>Membership, observership and representing entity</span></td><td>7</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;15</p></td><td><span>Conditions for becoming a Member or an Observer</span></td><td>8</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;16</p></td><td><span>Withdrawal of a Member or an Observer</span></td><td>8</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>CHAPTER 4 &#8211;</p></td><td>RIGHTS AND OBLIGATIONS OF MEMBERS AND OBSERVERS</td><td>9</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;17</p></td><td><span>Rights and obligations of Members</span></td><td>9</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;18</p></td><td><span>Rights and obligations of Observers</span></td><td>9</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>CHAPTER 5 &#8211;</p></td><td>PARTICIPATION OF COLLABORATING ORGANISATIONS</td><td>10</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;19</p></td><td><span>Participation of Collaborating Organisations</span></td><td>10</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>CHAPTER 6 &#8211;</p></td><td>FINANCE AND CONTRIBUTION MODEL</td><td>10</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;20</p></td><td><span>Financial Resources</span></td><td>10</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;21</p></td><td><span>Contributions</span></td><td>10</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;22</p></td><td><span>Financial Plan</span></td><td>11</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;23</p></td><td><span>Budgetary principles, accounts and audit</span></td><td>11</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;24</p></td><td><span>Tax and excise duty exemptions</span></td><td>11</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;25</p></td><td><span>Decommissioning</span></td><td>12</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>CHAPTER 7 &#8211;</p></td><td>GOVERNANCE</td><td>12</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;26</p></td><td><span>Council</span></td><td>12</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;27</p></td><td><span>Decision Making at the Council</span></td><td>13</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;28</p></td><td><span>Executive Director</span></td><td>14</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;29</p></td><td><span>Coordination and Support Office</span></td><td>14</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;30</p></td><td><span>Scientific Advisory Committee</span></td><td>14</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;31</p></td><td><span>Financial Committee</span></td><td>15</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>CHAPTER 8 &#8211;</p></td><td>MISCELLANEOUS</td><td>15</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;32</p></td><td><span>Data policy</span></td><td>15</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;33</p></td><td><span>Ethical, Legal and Social Implications policy</span></td><td>15</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;34</p></td><td><span>Reporting to the European Commission</span></td><td>15</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;35</p></td><td><span>Applicable law</span></td><td>16</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;36</p></td><td><span>Disputes</span></td><td>16</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;37</p></td><td><span>Statutes updates and availability</span></td><td>16</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>Article&#160;38</p></td><td><span>Setting-up provisions</span></td><td>16</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>ANNEX I:</p></td><td>List of Members and Observers of LOFAR ERIC and their Representing Entities</td><td>17</td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td><p>ANNEX II:</p></td><td>Financial Plan of LOFAR ERIC</td><td>18</td></tr></tbody></table> PREAMBLE LOFAR (the LOw Frequency ARray) is a world-leading distributed research infrastructure, with cohesively operated facilities located in several countries, as detailed in the Scientific and Technical Annex. In 2022 the LOFAR infrastructure is fully operational for radio astronomy research by the international scientific community, through the Stichting ILT (International LOFAR Telescope, hereafter referred to as ‘ILT’), a foundation under NL law, with representation from all partners, in nine European countries, that locally own some LOFAR facilities. The ILT long-term strategy is to continue offering a cutting edge research infrastructure for a broad science community; in 2022 the ILT is preparing an ambitious upgrade to the hardware and software (LOFAR2.0, described in the Scientific and Technical Annex). Setting up of LOFAR ERIC has been requested by the ILT considering the steadily increasing number of partners, the joint long-term vision to continue to develop and operate the infrastructure cohesively, and the broader evolution of European research infrastructures. In particular, to replace the ILT by LOFAR ERIC, the following is recognised: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>LOFAR ERIC defines and implements a common long-term strategy, joint fundraising, and consistent prioritisation of development effort, as well as optimising the availability of the collective partner and LOFAR ERIC owned facilities (including sensor, compute, and data storage resources) that form the LOFAR research infrastructure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>LOFAR ERIC is the appropriate vehicle to attract and consolidate partners with a range of levels of involvement, and to establish and maintain clear long-term policies and funding stability for the organisation and its infrastructure as a whole.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>LOFAR ERIC, cohered at the (multi-)national level, brings appropriate visibility and recognition at national and European levels, facilitating a dialogue with science policy makers and funders across its working domain.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>LOFAR ERIC, with its unique and cutting-edge facilities, has a continuing role in assuring and stimulating the vitality of the European science community.</p></td></tr></tbody></table> CHAPTER 1 Essential Elements Article 1 Legal form and name A European Research Infrastructure Consortium shall be established. This Consortium shall have the legal form of a European Research Infrastructure Consortium (ERIC) incorporated under the provision of Regulation (EC) No 723/2009 as amended by the Regulation (EU) No 1261/2013 (hereinafter ‘the ERIC Regulation’) and be named ‘LOFAR ERIC’. Article 2 Statutory seat LOFAR ERIC shall have its statutory seat in Dwingeloo, the Netherlands; hereinafter referred to as ‘Host Country’. Article 3 Tasks and activities 1. The principal task of LOFAR ERIC shall be to assure coordinated exploitation of the LOFAR infrastructure, to produce world class scientific research and to pursue further development, with the aim to maximise productivity and impact for the Members and the international scientific community, positioning LOFAR ERIC as a world-leading distributed research infrastructure with a long-term perspective, located in LOFAR ERIC Member countries, as well as in other countries where LOFAR ERIC has decided to locate some of its facilities. 2. In pursuit of its principal task, LOFAR ERIC shall carry out the following activities: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>ensuring coordinated operation and scientific exploitation of LOFAR facilities as a cohesive infrastructure, under a common long-term strategy and common policies, for maximal scientific output and impact for the Members and the international community;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>provide effective access to LOFAR ERIC science services for the user community, incorporating principles of peer review and open science principles;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>general operation of LOFAR ERIC, covering legal, governance and financial aspects;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>d.</p></td><td><p>participating in EU, (multi-)national and other third-party funded projects that are in line with the goals of LOFAR ERIC.</p></td></tr></tbody></table> 3. LOFAR ERIC may also carry out the following activities: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>pursuing further development of the LOFAR infrastructure, and related facilities and scientific capabilities;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>conducting a strategic dialog to optimise the role of LOFAR ERIC in the global science community;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>developing new Memberships and partnerships as established in Articles&#160;14 and&#160;19;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>d.</p></td><td><p>promoting LOFAR ERIC interests with respect to national, European and international stakeholders;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>e.</p></td><td><p>seeking further sources of funding, in particular but not limited to upgrades and extensions;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>f.</p></td><td><p>fostering training, outreach and international cooperation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>g.</p></td><td><p>any other related activity necessary to achieve its principal task.</p></td></tr></tbody></table> 4. LOFAR ERIC shall pursue its principal task on a non-economic basis. Without prejudice to State aid applicable rules, LOFAR ERIC may carry out limited economic activities provided that they are closely related to its principal task and that they do not jeopardise the achievement thereof. 5. LOFAR ERIC shall record costs and revenues of its economic activities separately and shall charge market prices for them, or, if these cannot be ascertained, full costs plus a reasonable margin. Article 4 Duration and the procedure for the winding-up 1. LOFAR ERIC shall exist for an indefinite period of time, but it may be wound up in accordance with the procedure laid down in paragraphs (2) to (6). 2. The winding up of LOFAR ERIC shall be decided by the Council in accordance with Article 27(6)(d). 3. Without undue delay and in any event within ten (10) days after adoption of the decision to wind up LOFAR ERIC, LOFAR ERIC shall notify the European Commission about the decision. 4. Assets remaining after payment of LOFAR ERIC debts shall be apportioned among the Members in proportion to their annual contribution to LOFAR ERIC as specified in Article 21. 5. Without undue delay and in any event within ten (10) days of the closure of the winding up procedure, LOFAR ERIC shall notify the European Commission thereof. 6. LOFAR 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 5 Liability and insurance 1. LOFAR ERIC shall be liable for its debts. LOFAR ERIC shall not be liable for liabilities arising from the operation of separately owned LOFAR Facilities. 2. The Members shall not be jointly liable for the debts of LOFAR ERIC. The members’ financial liability for the debts of the LOFAR ERIC shall be limited to the value of each individual member’s respective annual contribution agreed upon in the annual budget. 3. LOFAR ERIC shall take appropriate insurance to cover the risks specific to the construction and operation of LOFAR ERIC. Article 6 Access policy to LOFAR ERIC services 1. LOFAR ERIC shall provide and support effective user access opportunities to the LOFAR ERIC services for the pursuit of scientific research. These services shall include, amongst others: carrying out observations, generating science data products, running a publicly accessible science data archive, user support and training. 2. The LOFAR ERIC services provided shall be publicly announced and documented, together with the access opportunities, procedures and allocation criteria for these various services. 3. The Access policy governing all LOFAR ERIC services for scientific research shall be set and maintained by the Council, with its principles decided as per Article 27(6)(b) and its implementation decided as per Article 27(5)(e). 4. The Access policy of LOFAR ERIC shall safeguard that, of the total amount of operations budget spent on provision of services, a majority is directed to support research by the global community. When open access is offered on a competitive basis, it shall be awarded through independent scientific peer review. 5. The Access policy of LOFAR ERIC shall also safeguard the eligibility for all Members of LOFAR ERIC to benefit from Reserved Access; this will regulate entitlement to parts of the available opportunities for user access to LOFAR ERIC services. Article 7 Scientific evaluation policy The activities of LOFAR ERIC will be evaluated by an independent panel of international experts at least once every 5 years. The evaluation protocol (including the aims, terms of reference, composition of the panel and nomination procedure for panel members) shall be set by the Council as per Article 27(5)(j). The panel reports to the Council. Article 8 Dissemination policy 1. LOFAR ERIC shall be a facilitator of research and shall as a general rule encourage open science principles to research data. 2. LOFAR ERIC shall encourage researchers to make their results and data publicly available (open access) also through LOFAR ERIC. 3. LOFAR ERIC shall use multiple channels to reach the target audiences, including web portal, workshops, presence in conferences, articles and news media. 4. Scientific data generated through LOFAR ERIC services will, as far as legally permitted, be available and openly accessible to any researchers, scientific institutions and other stakeholders, under Council policies in line with open science principles and with the data policy as prescribed in Article 32. Article 9 Intellectual Property Rights policy 1. The term ‘Intellectual Property’ shall be understood according to Article 2 of the Convention Establishing the World Intellectual Property Organisation signed on 14 July 1967. 2. LOFAR ERIC shall adopt its own Intellectual Property Rights policy (Article 27(5)(h)). LOFAR ERIC shall be the owner of all Intellectual Property resulting from its activities under these Statutes including, but not limited to, Intellectual Property produced by staff employed by LOFAR ERIC under the conditions established in the LOFAR ERIC Intellectual Property Rights policy, except where covered by separate contractual agreements or where mandatory legislation or these Statutes state otherwise. 3. The background Intellectual Property of the members or their representing entities shall remain their property. It shall be licensed to LOFAR ERIC if necessary and through specific agreements. 4. Members that contribute to their share of costs for development work done by other Member(s) may use the resulting intellectual property freely for scientific purposes only. If a Member of LOFAR ERIC wishes to use any intellectual property for commercial gain, permission must be obtained from the Member owner of the intellectual property. Article 10 Employment policy 1. LOFAR ERIC may employ staff. LOFAR ERIC employment policy shall be governed by the laws of the country in which staff is employed. 2. The selection procedures, recruitment and employment for LOFAR ERIC staff positions shall be transparent, non-discriminatory and respect equal opportunities. All positions in LOFAR ERIC shall be announced publicly. Article 11 Procurement policy 1. LOFAR ERIC shall treat procurement candidates and tenderers equally and without discrimination, regardless whether or not they are based within the European Union. LOFAR ERIC procurement policy shall respect the principles of transparency, non-discrimination and competition. Detailed rules on procurement procedures and criteria shall be set out by the Council. 2. Procurement by Members and Observers concerning LOFAR ERIC activities shall be done in such way that due consideration is given to LOFAR ERIC needs, technical requirements and specifications issued by the relevant bodies. CHAPTER 2 General Provisions Article 12 Definitions For the purposes of these Statutes, the following definitions shall apply: <table><col/><col/><tbody><tr><td><p>1)</p></td><td><p>&#8216;LOFAR&#8217;: The LOw Frequency ARray is a world-leading distributed research infrastructure, with cohesively operated facilities located in several countries, as detailed in the Scientific and Technical Annex;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>2)</p></td><td><p>&#8216;LOFAR facilities: the technical elements (including antenna stations, network, processors, software and archive), as detailed in the Scientific and Technical Annex, as required to carry out its tasks;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>3)</p></td><td><p>Member&#8217;: Entity listed in Article&#160;14(1).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>4)</p></td><td><p>&#8216;Representing Entity&#8217;: Entity that a Member or Observer has appointed in accordance with Article&#160;14(5) to represent that Member or Observer.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>5)</p></td><td><p>&#8216;Collaborating Organisation&#8217;: research organisation referred to in Article&#160;19;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>6)</p></td><td><p>&#8216;Work Programme&#8217;: A 5-year plan adopted by the LOFAR ERIC Council to fulfil the purpose and long-term strategy of LOFAR ERIC, including scientific, technological and administrative matters. Annual goals and activities are set by the Council within that framework;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>7)</p></td><td><p>&#8216;Financial Model&#8217;: The policy giving the principles for the financial contributions to LOFAR ERIC, including in-kind contributions, of Members and Observers. The initial Financial Model is specified in Annex&#160;II;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>8)</p></td><td><p>&#8216;Financial Plan&#8217;: A 5-year framework of the value and timing of financial resources required to realise the LOFAR ERIC Work Programme. The Financial Plan for the first five years of LOFAR ERIC is specified in Annex&#160;II;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>9)</p></td><td><p>&#8216;Annual Budgets&#8217;: Foreseen expenditures and income to carry out the annual goals and activities of the LOFAR ERIC within the framework of the Financial Plan;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>10)</p></td><td><p>&#8216;Rules of Procedure&#8217;: Rules governing the organisation and operation of the LOFAR ERIC Council, adopted in accordance with Article&#160;27(5)(c);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>11)</p></td><td><p>&#8216;Qualified Majority&#8217; on a proposed decision in a Council meeting, as prescribed in Article&#160;27(5), is achieved when at least 75&#160;% of the members represented vote in favour;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>12)</p></td><td><p>&#8216;Unanimity&#8217; on a proposed decision in a Council meeting, as prescribed in Article&#160;27, is achieved either when the Chair has ascertained that all of the Members represented have consensus (unanimous consensus), or when none of the members represented votes against and not more than one abstains.</p></td></tr></tbody></table> Article 13 Working language The working language of LOFAR ERIC shall be English. CHAPTER 3 Membership and Observership Article 14 Membership, observership and representing entity 1. The following entities may become Members of the LOFAR ERIC with voting rights, or may become Observers of the LOFAR ERIC without voting rights: <table><col/><col/><tbody><tr><td><p>a)</p></td><td><p>Member States of the European Union;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b)</p></td><td><p>associated countries;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c)</p></td><td><p>third countries other than associated countries;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>d)</p></td><td><p>intergovernmental organisations.</p></td></tr></tbody></table> 2. Conditions for becoming a Member or an Observer are set out in Article 15. 3. The Membership of LOFAR ERIC must include at least a Member State and two other countries that are either a Member State or an associated country. 4. 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 are necessary to ensure that LOFAR ERIC complies at all times with that requirement. 5. Any Member or Observer referred to in paragraph 1(a) to 1(c) may be represented by one or more public entities or private entities with a public service mission, of its own choosing and appointed in accordance with its own rules and procedures. Each Member or Observer shall inform the Council of any change of its representing entity, of the specific rights and obligations which have been delegated to it or of any other relevant change. 6. The Members and Observers of LOFAR ERIC and their representing entities are listed in Annex I. Annex I shall be kept up to date by the LOFAR ERIC Executive Director. Article 15 Conditions for becoming a Member or an Observer 1. Entities referred to in Article 14(1) willing to become Members of LOFAR ERIC shall submit a written application to the Chair of the Council. That application shall describe how the entity will contribute to LOFAR ERIC tasks and activities described in the Work Programme and how it will fulfil obligations referred to in Article 17(2). The admission of the entities as new Members shall be subject to approval by the Council in accordance with Article 26(9)(e) and Article 27(5)(f). 2. Entities referred to in Article 14(1) willing to contribute to LOFAR ERIC, but not yet in a position to join as Members, may apply for Observer status. Applicants shall submit a written application to the Chair of the Council. That application shall describe how the entity will contribute to LOFAR ERIC tasks and activities described in the Work programme and how it will fulfil obligations referred to in Article 18(2). The admission of Observers shall be subject to approval by the Council in accordance with Article 26(9)(e) and Article 27(5)(f). Applicants shall be admitted as Observers for an initial period of three (3) years. 3. The Observer status can be changed into Membership at any time after Council approval. The Observer status expires after the initial period of three (3) years, unless an extension is requested and approved by the Council, or when the Observer becomes a Member of LOFAR ERIC. Article 16 Withdrawal of a Member or an Observer 1. Membership is for a minimum of five (5) years after entry of the member. 2. Notwithstanding the minimum term of membership prescribed in Article 16(1), Members and Observers may withdraw by submitting notice to the Executive Director within three (3) months after a raise of the annual contribution in excess of the agreed Financial Plan is adopted by the Council. A Member or Observer who has given a notice of withdrawal will not be obliged to pay the increase of the contribution. 3. Without prejudice to Article 16(1) and Article 16(2), members and observers that are associated countries, third countries other than associated countries, or intergovernmental organisations, may withdraw from LOFAR ERIC following changes in Council Regulation (EC) No 723/2009 that would materially affect their rights and obligations in relation to LOFAR ERIC. Such changes are considered material where they imply increased fees (including annual contributions or decommissioning costs), amend voting shares, impose requirements contrary to the applicable laws according to Article 35 of these statutes, remove the right to be represented in the Council or other committees, or change their rights related to representation or use of the facility. The liabilities and effects of withdrawal from LOFAR ERIC, including the withdrawing member or observer’s share in the costs of decommissioning of LOFAR, shall be initially decided in accordance with Article 27(6), subject to a unanimous vote of LOFAR ERIC Council. Where the Council is unable to unanimously agree the liabilities and effects, these - and any other - liabilities shall be determined according to Article 36. Notwithstanding Article 16(1), the affected member or observer shall (within 6 months of the relevant change to the ERIC Regulations) provide at least three months’ notice to the Council of its withdrawal to take effect any time after entry into force of these Statutes. 4. Any membership withdrawal takes place at the end of a financial year. The Member is obliged to serve written notice to the Executive Director at the latest in the financial year before the financial year of withdrawal. 5. Any Observer withdrawal takes place at the end of a financial year. The Observer is obliged to serve written notice to the Executive Director at least six (6) months prior to the date of withdrawal. 6. Members and Observers shall fulfil all, including financial, obligations, as referenced in Article 17(2) or 18(2), before their withdrawal becomes effective. 7. The Council may terminate membership or Observer status if the following conditions are met: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>the Member or Observer is in serious breach of one or more of its obligations under these statutes;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>the Member or Observer has failed to rectify such breach within six months after it has received notice of the breach in writing.</p></td></tr></tbody></table> 8. The Member or Observer referred to in paragraph 7 shall have the right to explain its position to the Council before the Council makes any decision on the issue. CHAPTER 4 Rights and Obligations of Members and Observers Article 17 Rights and obligations of Members 1. Rights of the Members shall include: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>the right to participate in and vote at the Council;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>the right to appoint a Representing Entity under the terms of Article&#160;14(5);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>the right for its research community to participate in LOFAR ERIC events, such as workshops, conferences, training courses;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>d.</p></td><td><p>the right for its research community to have access to support from LOFAR ERIC for developing relevant systems, processes and services;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>e.</p></td><td><p>eligibility to benefit from Reserved Access under the LOFAR ERIC Access policy, in accordance with Article&#160;6(5).</p></td></tr></tbody></table> 2. Each Member shall: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>contribute part of the distributed infrastructure or make another contribution that the Council agrees to. The contributions of each Member are laid out in the Financial Plan presented in Annex&#160;II, valid for the first 5 years of LOFAR ERIC;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>contribute an annual amount to the overall operations and development costs, of the LOFAR ERIC, corresponding to the Member&#8217;s share of the annual LOFAR ERIC budget as approved by the Council in accordance with the Financial Plan presented in Annex&#160;II;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>participate in decision-making on policies and long-term strategy for LOFAR ERIC in line with Article&#160;3(2).</p></td></tr></tbody></table> Article 18 Rights and obligations of Observers 1. Rights of Observers shall include: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>the right to attend meetings of the Council and express their opinion on the agenda of the Council, but have no rights to vote;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>the right to appoint a Representing Entity under the terms of Article&#160;14(5);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>the right for its research community to participate in LOFAR ERIC events, such as workshops, conferences, training courses.</p></td></tr></tbody></table> 2. Each Observer shall: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>contribute an annual amount to the overall operational and development costs of LOFAR ERIC, corresponding to the Observer&#8217;s share of the annual LOFAR ERIC budget as approved by the Council in accordance with the Financial Plan presented in Annex&#160;II;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>participate in discussions regarding policy and long-term strategy.</p></td></tr></tbody></table> CHAPTER 5 Participation of Collaborating Organisations Article 19 Participation of Collaborating Organisations 1. LOFAR ERIC may enter into collaboration agreements with Collaborating Organisations in countries that are not Member or Observer of LOFAR ERIC. At most one Collaboration Agreement, representing a national community, can be concluded per country. 2. Collaborating Organisations must to the satisfaction of the Council contribute to fulfilling the tasks and activities of LOFAR ERIC and be representative of the national community that is interested in LOFAR ERIC. 3. The collaboration agreement shall be concluded by the Executive Director of LOFAR ERIC after approval of the Council. The collaboration agreement shall establish the terms and conditions under which the Collaborating Organisation may engage with LOFAR ERIC and commit to tasks and activities set out in Article 3. 4. The duration of that Collaboration Agreement shall be in line with the rules for membership duration as specified in Article 16. The Collaboration Agreement shall stipulate termination if the country of the Collaborating Organisation becomes a Member or Observer of LOFAR ERIC. CHAPTER 6 Finance and Contribution Model Article 20 Financial Resources The financial resources of LOFAR ERIC shall consist of the following: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>financial contributions of Members and Observers, including any in-kind contributions, in accordance with Article&#160;21. The financial contributions for the first five (5) years of LOFAR ERIC are outlined in the Financial Plan presented in Annex&#160;II;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>host contributions;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>resources from the Collaborating Organisations;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>d.</p></td><td><p>other resources within limits and under terms approved by the Council.</p></td></tr></tbody></table> Article 21 Contributions 1. Members shall make annual contributions to the LOFAR ERIC budget in accordance with the Financial Plan, as provided for in Article 22. 2. The Council may accept in-kind contributions, from Members and Observers, in accordance with the Financial Model. 3. Contributions by Collaborating Organisations shall be decided by the Council on a case-by-case basis. Article 22 Financial Plan At least every five years the LOFAR ERIC Executive Director shall submit a draft Financial Plan to the Council for consideration and approval. The Financial Plan sets out the basis for each Member’s contributions in this five-year period and the maximum agreed budget for LOFAR ERIC for the same period. The Financial Plan shall adhere to the principles of Member and Observer contributions given in the Financial Model, and be geared to the realisation of the Work Programme. Article 23 Budgetary principles, accounts and audit 1. The financial year of LOFAR ERIC shall begin on 1 January and end on 31 December of each year. The budget of LOFAR ERIC shall be accounted for in Euros. 2. The LOFAR ERIC Executive Director shall present for approval by the Council a budget for the following year no later than 1 October. 3. The accounts of LOFAR ERIC shall be accompanied by a report on budgetary and financial management of the financial year. 4. LOFAR ERIC shall be subject to the requirements of the law of the country where it has its statutory seat as regards preparation, filing, auditing and publication of accounts. Article 24 Tax and excise duty exemptions 1. VAT exemptions based on Articles 143(1)(g) and 151(1)(b), of Council Directive 2006/112/EC ( 1 ) and in accordance with Articles 50 and 51 of Council Implementing Regulation (EU) No 282/2011 ( 2 ) , shall be limited to purchases of goods and services made under both of the following conditions: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for the official and exclusive use by LOFAR ERIC, provided that such purchase is made solely for the non-economic activities of LOFAR ERIC in line with its activities</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>by LOFAR ERIC and by any LOFAR ERIC Member as defined in Article&#160;9(1) of Council Regulation (EC) No&#160;723/2009 of June 25, 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC).</p></td></tr></tbody></table> 2. VAT exemptions shall be limited to purchases exceeding the value of EUR 300. 3. Excise Duty exemptions based on Article 11 of Council Directive 2020/262/EU ( 3 ) , shall be limited to purchases by LOFAR ERIC which are for the official and exclusive use by LOFAR ERIC provided that such purchase is made solely for the non-economic activities of LOFAR ERIC in line with its activities and that the purchase exceeds the value of EUR 300. 4. Purchases by the staff members are not covered by the exemptions. Article 25 Decommissioning LOFAR ERIC has the responsibility for decommissioning of hardware owned by LOFAR ERIC. The Council will ensure that LOFAR ERIC has an adequate decommissioning plan (Article 27(6)(e)). Decommissioning of hardware that is contributed to the central operations (by local operators, national owners of LOFAR facilities) is the responsibility of the owner. CHAPTER 7 Governance Article 26 Council 1. The Council shall be the governing body of LOFAR ERIC and shall be responsible in accordance with the provisions of these Statutes for the overall direction and supervision of LOFAR ERIC. The Council shall be composed of delegations representing the Members and Observers of LOFAR ERIC. 2. Each Member shall nominate a delegation consisting of up to two delegates. Each Observer shall appoint one delegate. 3. Each Member shall ensure that their delegation: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>is empowered by the Member with the full authority to vote on its behalf on all subjects discussed during the Council meeting;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>has appropriate scientific expertise and the ability to represent the community of scientists making use of the LOFAR ERIC facilities.</p></td></tr></tbody></table> 4. The delegation from each Member shall have one vote, regardless of the number of delegates. 5. All delegates shall be nominated to the Council by each Member and Observer; this should be done in writing to the Executive Director of LOFAR ERIC. The Members and Observers retain the right to revoke the nomination of any of their delegates at any time, and to nominate another delegate in their place. 6. In the case of the absence of an appointed delegate at a given meeting, the Member or Observer may nominate an alternate delegate. Such a nomination should be made in writing to the Executive Director of LOFAR ERIC in advance of the meeting. At that meeting, the nominated alternate delegate will have all of the rights of the delegate they replace. 7. The director of the hosting institute of LOFAR ERIC shall receive a standing invitation to attend Council meetings, and has the right to voice their opinion in the meetings, but is not part of the delegation of the Host Country, and is not entitled to vote. 8. Each Member delegation may request the presence at a specific Council meeting of one additional expert; this should be done in writing to the Executive Director of LOFAR ERIC at least two weeks in advance of that meeting. Such experts will have the right to voice their opinion in the meeting, but are not entitled to cast the vote of the Member. 9. The Council shall at least have the authority to: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>decide on the long-term strategy and policies of LOFAR ERIC;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>decide at least every five years the Work Programme and associated Financial Plan of LOFAR ERIC as specified in Article&#160;22, following the principles laid down in the Financial Model;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>adopt the annual budget of LOFAR ERIC;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>d.</p></td><td><p>adopt the annual report of LOFAR ERIC, and approve the audited financial accounts;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>e.</p></td><td><p>decide on the accession of a new Member or Observer;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>f.</p></td><td><p>decide on the termination of a Membership or an Observer status;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>g.</p></td><td><p>decide on proposals for amendments of the Statutes;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>h.</p></td><td><p>appoint, suspend, dismiss and supervise the performance of the Executive Director;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>i.</p></td><td><p>describe the mandate and specific activities of the Executive Director</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>j.</p></td><td><p>provide guidelines for the Executive Director to conclude a Collaboration Agreement as referred to in Article&#160;19;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>k.</p></td><td><p>create and dismiss advisory bodies as deemed necessary;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>l.</p></td><td><p>decide to embark on any new activities in accordance with Article&#160;3(3)(g);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>m.</p></td><td><p>decide on how to act in case of a force majeure event considering the contributions referred to in Article&#160;21.</p></td></tr></tbody></table> 10. The Council shall elect a Chairperson and Vice-chair from amongst the delegates by the majority of votes specified in Article 27(5)(g). The Chair and the Vice-chair shall be elected for a 2-year term, renewable twice. The Vice-chair shall substitute the Chair in his/her absence or in case of conflict of interest. 11. The Council shall meet at least once a year. The meetings of the Council shall be convened by the Chairperson at least four (4) weeks in advance. The Council may meet in any form laid down in the Rules of Procedures. 12. A meeting of the Council may be requested by at least 4 of the Members. Article 27 Decision Making at the Council 1. The Council shall only deliberate and decide validly when a quorum of voting Members is represented and participating at the meeting. The quorum requires 75 % of the voting Members to be present. 2. If the quorum is not met, a second meeting shall be convened within 4 weeks, by issuing a new invitation, with the same agenda. In the second meeting, the quorum shall be considered met if 50 % of voting Members are participating. 3. On all decisions, the Council shall strive to achieve Unanimous Consensus as defined in Article 12(12). 4. Failing unanimous consensus as per Article 27(3) decisions shall be made through a vote of all Members participating and voting. 5. The following decisions are only passed if they are supported by the Qualified Majority as defined in Article 12(11): <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>decisions to amend the long-term strategy and policies, the LOFAR ERIC Work Programme, or the Financial Plan;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>decisions to adopt or amend the LOFAR ERIC Annual Budget;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>decisions to adopt or change the Rules of Procedure;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>d.</p></td><td><p>decisions to appoint, suspend or dismiss the Executive Director (Article&#160;28);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>e.</p></td><td><p>decisions to amend the implementation of the Access policy (Article&#160;6);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>f.</p></td><td><p>decisions to admit a new Member or Observer or to approve a collaboration agreement with a Collaborating Organisation (Article&#160;14 and&#160;19);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>g.</p></td><td><p>decisions regarding the appointment of the Chairperson and Vice-Chair of the Council (Article&#160;26(10));</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>h.</p></td><td><p>decisions concerning the Intellectual Property Rights policy (Article&#160;9);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>i.</p></td><td><p>decisions to adopt or amend the Employment policy (Article&#160;10);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>j.</p></td><td><p>decisions to adopt or amend the evaluation protocol (Article&#160;7).</p></td></tr></tbody></table> 6. The following decisions require Unanimity of all LOFAR ERIC Members participating and voting, as defined in Article 12(12); <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>decisions to amend the Financial Model, giving the principles of the Member and Observer financial contributions (Article&#160;22);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>decisions to adopt or amend the principles of the Access policy (Article&#160;6);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>decisions to submit a proposal to the Commission to amend the Statutes;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>d.</p></td><td><p>a decision to terminate LOFAR ERIC;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>e.</p></td><td><p>decisions on decommissioning associated with termination, according to the decommissioning plan as regulated in Article&#160;25.</p></td></tr></tbody></table> 7. Decisions to terminate a Membership or Observer status requires Unanimity as defined in Article 12(12) of all Members participating and voting, excluding the Member whose status is being decided. 8. Decisions referred to in Article 27(5), 27(6) and 27(7) may only be taken if all Members are informed about the proposed decisions at least two weeks in advance of the meeting. 9. A simple majority of votes cast shall be sufficient to pass all other decisions. Article 28 Executive Director 1. The Council shall appoint the Executive Director of LOFAR ERIC in accordance with a procedure adopted by the Council. The term for the Executive Director shall be five (5) years, renewable on decision of the Council. 2. The Executive Director shall be the legal representative of LOFAR ERIC. 3. The Executive Director shall be responsible for the implementation of the decisions of the Council and the day-to-day management of all operational activities of LOFAR ERIC. Among others the Executive Director prepares the Annual Budget, Financial Plan and the Work Programme. The Executive Director is supported by the Coordination and Support Office. Article 29 Coordination and Support Office LOFAR ERIC Coordination and Support Office shall be the central management office for the daily operations of LOFAR ERIC. It supports the day-to-day management of LOFAR ERIC, including assistance to the Council. It shall be set up and managed by the Executive Director. The budget for the functioning of the CSO is covered in the Financial Plan presented in Annex II. Article 30 Scientific Advisory Committee 1. The Council shall institute a Scientific Advisory Committee (SAC) to provide independent advice and: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>give feedback to the Executive Director and the Council on the scientific quality of LOFAR ERIC activities;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>provide recommendations to develop LOFAR ERIC scientific and technological functionalities and activities.</p></td></tr></tbody></table> 2. The Council shall appoint the SAC members, who shall be experienced persons in the fields relevant to LOFAR. The number of SAC members, the terms of reference and rules of procedure shall be defined by the Council. Article 31 Financial Committee 1. The Council shall institute a Financial Committee (FC) to assist the Executive Director in preparing the Financial Plan and annual budget for review and approval by the Council. The Financial Committee may also assist the Director in cases where other strategic financial planning is needed. 2. The operation of the FC shall be detailed in the Rules of Procedure of the FC, which shall be defined by the Council. CHAPTER 8 Miscellaneous Article 32 Data policy 1. Generally, Open Science and Open Access principles, such as offered by the EU open science policy, shall be favoured. 2. LOFAR ERIC shall provide guidance (including via website) to users to ensure that research undertaken using material made accessible through LOFAR ERIC shall be undertaken within a framework that recognizes the rights of data owners and privacy of individuals. 3. LOFAR ERIC shall ensure that users agree to the terms and conditions governing access and that suitable security arrangements are in place regarding internal storage and handling. 4. LOFAR ERIC shall define arrangements for investigating allegations of security breaches and confidentiality disclosures regarding research data. Article 33 Ethical, Legal and Social Implications policy The LOFAR ERIC Council shall adopt an ethical, legal and social implications policy on all matters relevant to the operations of LOFAR ERIC, including research integrity and scientific evaluation, employment issues, diversity & inclusion, and sustainability. This policy shall apply to all the activities of LOFAR ERIC. Article 34 Reporting to the European Commission 1. LOFAR ERIC shall produce an annual activity report, containing in particular the scientific, operational and financial aspects of its activities. The report 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. LOFAR ERIC shall inform the European Commission of any circumstances which threaten to seriously jeopardise the achievement of LOFAR ERIC tasks or hinder LOFAR ERIC from fulfilling requirements laid down in Regulation (EC) No 723/2009. Article 35 Applicable law The internal functioning of LOFAR ERIC shall be governed: <table><col/><col/><tbody><tr><td><p>a.</p></td><td><p>by European Union law, in particular Regulation (EC) No&#160;723/2009 and the decisions referred to in Articles&#160;6(1)(a) and&#160;11(1) of the Regulation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b.</p></td><td><p>by the law of the Host Country, where LOFAR ERIC has its statutory seat, in the case of matters not, or only partly, regulated by acts referred to in point (a);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c.</p></td><td><p>by these statutes and their implementing rules.</p></td></tr></tbody></table> Article 36 Disputes 1. The Court of Justice of the European Union shall have jurisdiction over litigation among the Members in relation to LOFAR ERIC, between Members and LOFAR ERIC and over any litigation to which the Union is a party. 2. European Union legislation on jurisdiction shall apply to disputes between LOFAR ERIC and third parties. In cases not covered by European Union legislation, the law of the State where LOFAR ERIC has its statutory seat shall determine the competent jurisdiction for the resolution of such disputes. Article 37 Statutes updates and availability The Statutes shall be kept up to date and publicly available on LOFAR ERIC website and at the statutory seat. Article 38 Setting-up provisions 1. A first meeting of the Council shall be called by the Host Country, where LOFAR ERIC has its statutory seat, as soon as possible after the decision of the European Commission setting up LOFAR ERIC takes effect. 2. Before the first meeting is held and no later than forty-five (45) calendar days after the Commission decision setting up LOFAR ERIC takes effect, the Host Country shall notify the Founding Members and Observers of any specific urgent legal action that needs to be taken on behalf of LOFAR ERIC. Unless a Founding Member objects within five (5) working days after being notified, the legal action shall be carried out by a person duly authorised by the Host Country. 3. The Council shall work closely with the ILT to conclude and then enable the execution of a Transition Agreement between the ILT and LOFAR ERIC, regulating, amongst others the transfer of assets and liabilities. ( 1 ) OJ L 347, 11.12.2006, p. 1 . ( 2 ) OJ L 77, 23.3.2011, p. 1 . ( 3 ) OJ L 58, 27.2.2020, p. 17 . ANNEX I List of Members and Observers of LOFAR ERIC and their Representing Entities In this Annex the Members and Observers, and the entities representing them are listed. Annex I shall be updated by the Executive Director on a regular basis. Members <table><col/><col/><tbody><tr><td><p>Country</p></td><td><p>Representing Entity</p></td></tr><tr><td><p>The Republic of Bulgaria</p></td><td><p>Institute of Astronomy and National Astronomical Observatory (IANAO) of the Bulgarian Academy of Sciences</p></td></tr><tr><td><p>The Federal Republic of Germany</p></td><td><p>Th&#252;ringer Landessternwarte (TLS)</p></td></tr><tr><td><p>The Republic of Ireland</p></td><td><p>Dublin Institute of Advanced Studies (DIAS)</p></td></tr><tr><td><p>The Italian Republic</p></td><td><p>Istituto Nazionale di Astrofisica (INAF)</p></td></tr><tr><td><p>The Netherlands</p></td><td><p>Stichting Nederlandse Wetenschappelijk Onderzoek Instituten (NWO-I)</p></td></tr><tr><td><p>The Republic of Poland</p></td><td><p>Ministry of Education and Science</p></td></tr></tbody></table> LOFAR ERIC will have the following Collaborating Organisations: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>France: Centre National de Recherche Scientifique (CNRS)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Latvia: Ventspils International Radio Astronomy Centre (VIRAC)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Sweden: Onsala Space Observatory (OSO)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>United Kingdom: Science and Technology Facilities Council - UK Research and Innovation (STFC-UKRI)</p></td></tr></tbody></table> ANNEX II Financial Plan of LOFAR ERIC See separate document. ELI: http://data.europa.eu/eli/C/2023/1599/oj ISSN 1977-091X (electronic edition)
ENG
32023Y01599
<table><col/><col/><col/><col/><tbody><tr><td><p>10.5.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 122/1</p></td></tr></tbody></table> COMMISSION DELEGATED REGULATION (EU) 2019/715 of 18 December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, in conjunction with the Treaty establishing the European Atomic Energy Community, Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 ( 1 ) , and in particular Article 70 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Commission Delegated Regulation (EU) No 1271/2013&#160;<a>(<span>2</span>)</a> establishes the framework financial regulation for the bodies which are set up by the Union under the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community and which have legal personality and receive contributions charged to the Union budget (&#8216;Union bodies&#8217;). Delegated Regulation (EU) No 1271/2013 is based on Regulation (EU, Euratom) No 966/2012&#160;<a>(<span>3</span>)</a>. Regulation (EU, Euratom) No 966/2012 has been replaced by Regulation (EU, Euratom) 2018/1046.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>It is necessary to repeal Regulation (EU) No 1271/2013 and to replace it by this Regulation in order to align it with Regulation (EU, Euratom) 2018/1046 and to allow for additional simplification and clarification of rules to take into account the experience gained in their application and to further improve the Union bodies' governance setting up and their accountability.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>This Regulation should establish the broad principles and basic rules applicable to the bodies set up under TFEU and the Euratom Treaty that receive contributions charged to the Union budget and without prejudice to the constituent act. On the basis of this Regulation Union bodies should adopt their own financial rules that may not depart from this Regulation except where their specific needs so require, and with the Commission's prior consent.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>For the sake of consistency, Union bodies that are fully self-financed and to which this Regulation does not apply, should establish similar rules where appropriate. In accordance with the Joint statement of the European Parliament, the Council and the Commission of 19&#160;July 2012 on decentralised agencies, those bodies should submit to the European Parliament, the Council and the Commission an annual report on the execution of their budget and take duly into account their requests and recommendations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Union bodies should establish and implement their budget in accordance with the principles of unity, accuracy, universality, specification, annuality, equilibrium, unit of account, sound financial management and performance, and transparency.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The balancing nature of the Union contribution should be emphasised. The part of the Union body's positive budget result that exceeds the amount of the Union contribution paid during the year should be returned to the Union budget.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>Where the constituent act provides that revenue is constituted by fees and charges in addition to the Union contribution and that revenue arising from fees and charges is assigned to particular items of expenditure, Union bodies should have the possibility to carry forward the balance in the form of assigned revenue. In order to allow for flexibility, the negative result related to assigned revenue from fees and charges could be offset against the accumulated surplus from previous years.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>It is necessary to ensure that the fees are set at an appropriate level to cover the costs of providing the services and to avoid significant surpluses.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The exceptional delegation of tasks and award of grants to the Union bodies needs to be allowed in the constituent act or in a basic act and duly justified by the characteristics of the tasks and the specific expertise of the Union body, while ensuring sound financial management and cost-efficiency. Those additional tasks should fall within the scope of the Union body's objectives and should be compatible with the Union body's mandate, as defined in the constituent act.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>In order to increase transparency the Commission should, in principle, conclude partnership agreements with EU bodies covering all funding given in addition to the annual Union contribution, notably when this funding has a significant impact on the Union body's operations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>The provisions on carryovers and assigned revenues should be amended to take into account the provisions of Regulation (EU, Euratom) 2018/1046. With regard to internal assigned revenue, the financing of new building projects with the revenue from lettings and the sale of buildings should be allowed as provided for in Regulation (EU, Euratom) 2018/1046. To that end, such revenue should be considered as internal assigned revenue that can be carried over until it is fully used.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>In order to allow for additional flexibility, Union bodies should be able to carry out transactions in currencies other than euro for the needs of administrative management.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>In line with Regulation (EU, Euratom) 2018/1046, the breaking down of commitments extending over several years into annual instalments should be allowed only where the constituent act or basic act provides so or where the commitments relate to administrative expenditure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Taking into account the specificities of Union bodies, the acceptance of donations should be made subject to enhanced scrutiny. Moreover, Union bodies should not be able to use corporate sponsoring.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>The concept of performance should be clarified. Performance should be linked to the principle of sound financial management. The principle of sound financial management should be clarified. A link should be established between objectives set and performance indicators, results and economy, efficiency and effectiveness in the use of appropriations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Pursuant to Article 53 of Regulation (EU, Euratom) 2018/1046, the Union body has to take part in a benchmarking exercise with other Union bodies and with Union institutions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>It is necessary to establish rules on the action plan to follow up on the conclusions of overall periodic evaluations in order to ensure their efficient implementation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>For the purpose of ensuring consistent programming, the Union body should draw up a single programming document containing annual and multiannual programming, an estimate of its revenue and expenditure, resources programming, information on its building policy, a strategy for cooperation with third countries and/or international organisations, a strategy for achieving efficiency gains and synergies.&#160;The Union body should also draw up a strategy for operational management and internal control systems, including an anti-fraud strategy. The single programming document should take into account Commission guidelines.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>The programming document should include the strategy for preventing recurrence of cases of conflict of interest, irregularities and fraud, in particular where weaknesses have led to critical recommendations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>The timetable for the single programming document should be aligned with the budgetary procedure to ensure its efficiency and consistency of all programming documents.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>Union bodies should adjust their internal control systems where they run offices away from the main seat.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>It is appropriate to provide for the possibility for Union bodies to conclude service-level agreements in accordance with Article 59 of Regulation (EU, Euratom) 2018/1046, in particular with each other and with Union institutions, in order to facilitate the implementation of their appropriations, when this is in line with sound financial management. Appropriate reporting on those service-level agreements should be ensured.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>It is necessary to clarify the architecture of the internal audit and internal control functions and to streamline reporting requirements.&#160;The internal audit function within a Union body should be performed by the Commission's internal auditor who should carry out audits when justified by the risks involved. It is necessary to provide rules on the establishment and functioning of internal audit capabilities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>Reporting obligations should be streamlined. Union bodies should provide a consolidated annual activity report that includes comprehensive information on the achievement of objectives and results, the implementation of its work programme, budget, staff policy, and its operational management and internal control systems.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>In order to improve the cost-efficiency of Union bodies, it is necessary to provide for the possibility of sharing services or transferring them to another Union body or to the Commission. It is therefore necessary to allow the accounting officer of the Commission to be entrusted with all or part of the tasks of the accounting officer of the Union body.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>In order to align the rules on assigned revenue with those of Regulation (EU, Euratom) 2018/1046, it is necessary to provide for rules on a differentiation of internal and external assigned revenue and on their carry over.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>In order to align the rules on treatment of interest generated by the Union contribution to the Union body with those of Regulation (EU, Euratom) 2018/1046, it is necessary to provide that interest is not due to the budget.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>Regulation (EU, Euratom) 2018/1046 provides for the possibility to enter a legal commitment before a budgetary commitment in specific cases.&#160;Union bodies should also have that possibility.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>In order to ensure consistency, specific provisions on procurement and grants should not be allowed. The application of a single set of rules ensures simplification of the Union body's work and enables the use of the guidelines and models prepared by the Commission.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>The Union body should have the possibility to award grants and prizes in accordance with the constituent act or by delegation of the Commission pursuant to Article 62(1)(c)(iv) of Regulation (EC) No 2018/1046.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p>In addition to the forms of Union contribution already well established (reimbursement of the eligible costs actually incurred, unit cost, lump sums and flat-rate financing), it is appropriate to allow Union bodies to provide financing not linked to costs of the relevant operations.&#160;This additional form of financing should be based on the fulfilment of certain conditions<span>ex ante</span> or on the achievement of results measured by reference to previously set milestones or through performance indicators.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(32)</p></td><td><p>In order to protect the financial interests of the Union, the rules on a single early-detection and exclusion system set up by Regulation (EU, Euratom) 2018/1046 should apply to Union bodies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(33)</p></td><td><p>Pursuant to Article 8(1) of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council&#160;<a>(<span>4</span>)</a>, EU bodies shall transmit to the European Anti-Fraud Office without delay any information relating to possible cases of fraud, corruption or any other illegal activity affecting the financial interests of the Union. Pursuant to Article 24(1) of Council Regulation (EU) 2017/1939&#160;<a>(<span>5</span>)</a>, Union bodies shall without undue delay report to the European Public Prosecutor's Office any criminal conduct in respect of which it could exercise its competence in accordance with that regulation. In order to strengthen the governance of Union bodies, they should also report cases of fraud, financial irregularities, as well as investigations, to the Commission without delay. The Commission and the Union bodies should put procedures in place that duly protect personal data and ensure the respect of the need-to-know principle in any transmission of information related to presumed fraud and other irregularities and on-going or completed investigations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(34)</p></td><td><p>To identify and correctly manage the risk of actual or perceived conflict of interests, Union bodies should be required to adopt rules on the prevention and management of conflict of interests.&#160;Such rules should take into account guidance developed by the Commission.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(35)</p></td><td><p>Comprehensive access rights for the Commission, the European Anti-Fraud Office and the Court of Auditors should be spelled out in this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(36)</p></td><td><p>The provisions regarding building policy, including the possibility and conditions for Union bodies to finance building acquisition projects through loans, should be aligned with Regulation (EU, Euratom) 2018/1046 to ensure a consistent application of the rules by all Union bodies and institutions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(37)</p></td><td><p>Given that Delegated Regulation (EU) No 1268/2012&#160;<a>(<span>6</span>)</a> has been repealed, the requirement for the EU body to adopt its own implementing rules with Commission's prior consent should also be deleted.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(38)</p></td><td><p>It is necessary to provide for transitional provisions for programming and for the consolidated annual activity reporting given that the Commission needs time to develop the appropriate guidelines in cooperation with the Union bodies and the Union bodies need time to adapt to the new programming and reporting.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(39)</p></td><td><p>This Regulation should enter into force on the day following that of its publication in the<span>Official Journal of the European Union</span> in order to allow for the timely adoption of the revised financial regulations by the Union bodies at the latest by 1&#160;July 2019 and so that agencies benefit from the simplification and alignment with Regulation (EU, Euratom) 2018/1046.</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: TITLE I GENERAL PROVISIONS Article 1 Subject matter This Regulation lays down the essential financial rules for bodies which are set up by the Union under the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community and which have legal personality and receive contributions charged to the Union budget (‘Union bodies’). On the basis of this Regulation each Union body is to adopt its own financial rules. The Union body's financial rules shall not depart from this Regulation except where its specific needs so require and with the Commission's prior consent. Article 2 Definitions For the purposes of this Regulation, the following definitions shall apply: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p> &#8216;constituent act&#8217; means the instrument of Union law governing the main aspects of the setting up and operation of the Union body,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p> &#8216;management board&#8217; means the main internal body of the Union body that is responsible for taking decisions on financial and budgetary matters, irrespective of the name given to it in the constituent act,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p> &#8216;director&#8217; means the person responsible for implementing the decisions of the management board and the budget of the Union body as authorising officer, irrespective of the title given to that person in the constituent act,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p> &#8216;executive board&#8217; means the internal body of the Union body that assists the management board and whose responsibilities and rules of procedures are, in principle, set out in the constituent act irrespective of the name given to this body in the constituent act.</p></td></tr></tbody></table> Article 2 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis . Article 3 Periods, dates and time limits Unless otherwise provided, Council Regulation (EEC, Euratom) No 1182/71 ( 7 ) shall apply to the deadlines set out in this Regulation. Article 4 Protection of personal data This Regulation is without prejudice to the requirements of Regulations (EU) 2018/1725 ( 8 ) and (EU) 2016/679 ( 9 ) . TITLE II BUDGET AND BUDGETARY PRINCIPLES Article 5 Respect for budgetary principles The budget of the Union body shall be established and implemented in accordance with the principles of unity, budgetary accuracy, annuality, equilibrium, unit of account, universality, specification, sound financial management and transparency as set out in this Regulation. CHAPTER 1 PRINCIPLES OF UNITY AND OF BUDGETARY ACCURACY Article 6 Scope of the budget of the Union body 1. For each financial year, the budget of the Union body shall forecast and authorise all revenue and expenditure considered necessary for the Union body. It shall comprise the revenue and expenditure of the Union body, including administrative expenditure. 2. The budget of the Union body shall contain the following: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>non-differentiated appropriations;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>where justified by operational needs, differentiated appropriations, which consist of commitment appropriations and payment appropriations.</p></td></tr></tbody></table> 3. The appropriations authorised for the financial year shall consist of: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>appropriations consisting of the annual contribution granted by the Union;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>appropriations arising from own revenue consisting of all fees and charges which the Union body is authorised to collect by virtue of the tasks entrusted to it, and any other revenue;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>appropriations consisting of any financial contributions from the host Member States;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>appropriations provided following the receipt of revenue assigned during the financial year to specific items of expenditure in accordance with Article 20(1);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>appropriations carried over from the preceding financial years.</p></td></tr></tbody></table> 4. Revenue consisting of fees and charges shall only be assigned in exceptional and duly justified cases provided for in the constituent act. 5. Commitment appropriations shall cover the total cost of the legal commitments entered into during the financial year, subject to Article 75(2). 6. Payment appropriations shall cover payments made to honour the legal commitments entered into in the financial year or preceding financial years. 7. Paragraphs 3 and 5 of this Article shall not prevent appropriations being committed globally or budgetary commitments being made in annual instalments as respectively provided for in point (b) of Article 74(1) and in Article 74(2). Article 7 Contribution agreements, grant agreements and financial framework partnerships 1. Contribution agreements and grant agreements may be exceptionally concluded between the Commission and a Union body provided that the following conditions are met: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the constituent act of the Union body or a basic act expressly provides for such possibility;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the conclusion of such an agreement is duly justified by the special nature of the action and specific expertise of the Union body;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the tasks to be implemented by the Union body under the agreement satisfy the following criteria:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>fall within the scope of the Union body's objectives and the tasks are compatible with the Union body's mandate as set out in the constituent act;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>the tasks do not form part of the tasks assigned to the Union body in the constituent act and financed by the annual contribution granted to it by the Union.</p></td></tr></tbody></table></td></tr></tbody></table> 2. Where contribution agreements and grant agreements referred in paragraph 1 and service-level agreements are concluded for services offered by the Union body to the Commission, the Commission may establish a financial framework partnership agreement with the Union body in line with Article 130 of Regulation (EU, Euratom) 2018/1046. 3. The choice by the Commission of the Union body shall take due account of the cost efficiency of entrusting those tasks. 4. Where the Commission exceptionally signs a contribution agreement with the Union body, the rules applicable to indirect management laid down in Titles V and VI of Regulation (EU, Euratom) 2018/1046 shall apply to the Union body in respect of funds allocated to that agreement and Articles 105 and 106 of this Regulation shall not apply. 5. The tasks referred to under paragraph 1 should be included in the Single Programming Document of the Union body, referred to in Article 32, for information purposes only. Information on the agreements referred to under paragraph 2 shall be included in the consolidated annual activity report referred to in Article 48. 6. The authorising officer shall inform the management board before signing any agreement referred to in paragraph 2. Article 8 Specific rules on the principles of unity and budgetary accuracy 1. All revenue and expenditure shall be booked to a budget line in the budget of the Union body. 2. No expenditure may be committed or authorised in excess of the appropriations authorised by the budget of the Union body. 3. An appropriation may be entered in the budget of the Union body only if it is for an item of expenditure considered necessary. 4. Interest generated by pre-financing payments made from the budget of the Union body shall not be due to the Union body except as otherwise provided in the contribution agreements referred to in Article 7. CHAPTER 2 PRINCIPLE OF ANNUALITY Article 9 Definition The appropriations entered in the budget of the Union body shall be authorised for a financial year that shall run from 1 January to 31 December. Article 10 Budgetary accounting for revenue and appropriations 1. The Union body's revenue of a financial year, as referred to in Article 6, shall be entered in the accounts for that financial year on the basis of the amounts collected during that financial year. 2. The revenue of the Union body shall give rise to an equivalent amount of payment appropriations. 3. Commitments shall be entered in the accounts for a financial year on the basis of the legal commitments entered into up to 31 December of that year. However, the global budgetary commitments referred to in point (b) of Article 74(1) shall be entered in the accounts for a financial year on the basis of the budgetary commitments up to 31 December of that year. 4. Payments shall be entered in the accounts for a financial year on the basis of the payments made by the accounting officer by 31 December of that year. 5. Where a constituent act provides that clearly defined tasks are financed separately or where the Union body implements agreements concluded in accordance with Article 7, the Union body shall have specific budget lines on the revenue and expenditure operations. The Union body shall clearly identify each group of tasks in its resource programming included in the single programming document drawn up pursuant to Article 32. Article 11 Commitment of appropriations 1. The appropriations entered in the budget of the Union body may be committed with effect from 1 January, once the budget of the Union body has been definitively adopted. 2. As of 15 October of the financial year, routine administrative expenditure may be committed in advance against the appropriations provided for the following financial year, provided that the expenditure has been approved in the last budget of the Union body duly adopted, and only up to a maximum of one quarter of the appropriations decided upon by the management board on the corresponding budget line for the current financial year. Article 12 Cancellation and carry-over of appropriations 1. Appropriations which have not been used by the end of the financial year for which they were entered shall be cancelled, unless they are carried over in accordance with paragraphs 2 and 4. 2. The following appropriations may be carried over by a decision taken pursuant to paragraph 3, but only to the following financial year: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>commitment appropriations and non-differentiated appropriations, for which most of the preparatory stages of the commitment procedure have been completed by 31 December of the financial year. Such appropriations may be committed up to 31 March of the following financial year, with the exception of non-differentiated appropriations related to building projects which may be committed up to 31 December of the following financial year;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>payment appropriations which are needed to cover existing commitments or commitments linked to commitment appropriations carried over, where the payment appropriations provided for in the relevant budget lines for the following financial year are insufficient.</p><p>With regard to point (b) of the first subparagraph, the Union body shall first use the appropriations authorised for the current financial year and shall not use the appropriations carried over until the former are exhausted.</p></td></tr></tbody></table> 3. The management board or, where the constituent act allows it, the executive board, shall take its decision on carry-overs as referred to in paragraph 2 by 15 February of the following financial year. 4. Appropriations shall be automatically carried over in respect of: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>appropriations corresponding to internal assigned revenue. Such appropriations may be carried over only to the following financial year and may be committed up to 31 December of that year, with the exception of the internal assigned revenue from lettings and the sale of buildings and land referred to in point (e) of Article 20(3) which may be carried over until it is fully used;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>appropriations corresponding to external assigned revenue. Such appropriations shall be fully used by the time all the operations relating to the programme or action to which they are assigned have been carried out or they may be carried over and used for the succeeding programme or action.</p></td></tr></tbody></table> 5. Appropriations for staff expenditure shall not be carried over. For the purposes of this Article, staff expenditure comprises remuneration and allowances for the staff of Union bodies who are subject to the Staff Regulations. 6. Non-differentiated appropriations legally committed by the end of the financial year shall be paid until the end of the following financial year. Article 13 Detailed provisions on cancellation and carryover of appropriations 1. The commitment appropriations and the non-differentiated appropriations referred to in point (a) of the first subparagraph of Article 12(2) may be carried over only if the commitments could not be made before 31 December of the financial year for reasons not attributable to the authorising officer and if the preparatory stages are sufficiently advanced to make it reasonable to expect that the commitment will be made by no later than 31 March of the following financial year, or, in relation to building projects, by 31 December of the following financial year. 2. Appropriations carried over in accordance with point (a) of Article 12(2) which have not been committed by 31 March of the following financial year or up to 31 December of the following year for amounts relating to building projects shall be automatically cancelled. 3. Appropriations carried over which have been cancelled shall be identified in the accounts. Article 14 Decommitment of appropriations 1. Where budgetary commitments are decommitted in any financial year after the year in which they were made as a result of total or partial non-implementation of the actions for which they were earmarked, the appropriations corresponding to such decommitments shall be cancelled. 2. This Article shall not apply to external assigned revenue referred to in Article 20(2). Article 15 Rules applicable in the event of late adoption of the budget of the Union body 1. If the budget of the Union body has not been definitively adopted at the beginning of the financial year, the rules set out in paragraphs 2 to 6 shall apply. 2. Commitments may be made per chapter up to a maximum of one quarter of the total appropriations authorised in the relevant chapter of the budget of the Union body for the preceding financial year plus one-twelfth for each month that has elapsed. The limit of the appropriations provided for in the statement of estimates of revenue and expenditure shall not be exceeded. Payments may be made monthly per chapter up to a maximum of one twelfth of the appropriations authorised in the relevant chapter of the budget of the Union body for the preceding financial year. However, that sum shall not exceed one twelfth of the appropriations provided for in the same chapter of the statement of estimates of revenue and expenditure. 3. The appropriations authorised in the relevant chapter of the budget of the Union body for the preceding financial year, as referred to in paragraph 2, shall be understood as referring to the appropriations voted in the budget of the Union body, including by amending budgets, and after adjustment for the transfers made during that financial year. 4. If the continuity of Union body action and management needs so require, the management board may, at the request of the director, authorise expenditure in excess of one provisional twelfth but not exceeding a total of four provisional twelfths, except in duly justified cases, both for commitments and for payments over and above those automatically made available in accordance with paragraph 2. The additional twelfths shall be authorised in full and shall not be divisible. 5. If, for a given chapter, the authorisation of four provisional twelfths granted in accordance with paragraph 4 is not sufficient to cover the expenditure necessary to avoid a break in continuity of action by the Union body in the area covered by the chapter in question, authorisation may exceptionally be given by the management board, at the request of the director, to exceed the amount of the appropriations entered in the corresponding chapter of the budget of the Union body for the preceding financial year. However, the overall total of the appropriations available in the budget of the Union body of the preceding financial year or in the statement of estimates of revenue and expenditure, as proposed, shall in no circumstances be exceeded. CHAPTER 3 PRINCIPLE OF EQUILIBRIUM Article 16 Definition and scope 1. Revenue and payment appropriations shall be in balance. 2. Commitment appropriations may not exceed the amount of the Union contribution, plus own revenue and any other revenue referred to in Article 6. 3. For bodies for which the revenue is constituted by fees and charges in addition to the Union contribution, fees should be set at a level such as to avoid a significant accumulation of surplus. Where a significant positive or negative budget result, within the meaning of Article 99, becomes recurrent, the level of the fees and charges shall be revised. 4. The Union body shall not raise loans within the framework of the budget of the Union body. 5. The Union contribution to the Union body shall constitute for the budget of the Union body a balancing contribution and may be divided into a number of payments. 6. The Union body shall implement rigorous cash management, taking due account of assigned revenue, in order to ensure that its cash balances are limited to duly justified requirements. With its payment requests it shall submit detailed and updated forecasts on its real cash requirements throughout the year, including information on assigned revenue. Article 17 Balance from financial year 1. If the budget result within the meaning of Article 99 is positive, it shall be repaid to the Commission up to the amount of the contribution paid during the year. The part of the budget result exceeding the amount of the Union contribution paid during the year shall be entered in the budget of the Union body for the following financial year as revenue. The first subparagraph shall also apply when the revenue of the Union body is constituted by fees and charges in addition to the Union contribution. The difference between the contribution entered in the budget and that actually paid to the Union body shall be cancelled. 2. In exceptional cases, where the constituent act provides that the revenues arising from fees and charges are assigned to particular items of expenditure, the Union body may carry-over the balance of fees and charges as assigned revenue for the activities related to the provision of the services for which the fees are due. 3. If the budget result within the meaning of Article 99 is negative, it shall be entered in the budget of the Union body for the following financial year as payment appropriations or, where appropriate, offset against positive budget result of the Union body in the following financial years. Where the fees and charges are assigned revenue the negative result related to this assigned revenue can be offset against the accumulated surplus from previous years, if available. 4. The revenue or payment appropriations shall be entered in the budget of the Union body during the budgetary procedure using the letter of amendment procedure set out in Article 42 of Regulation (EU, Euratom) 2018/1046 or, while implementation of the budget of the Union body is under way, by means of an amending budget. An estimate of the budget result from year N – 1 will be provided by the Union body no later than 31 January of the year N. This information shall be duly taken into account by the Commission when assessing the financial needs of the Union body for the year N + 1. CHAPTER 4 PRINCIPLE OF UNIT OF ACCOUNT Article 18 Use of euro 1. The budget shall be drawn up and implemented in euro and the accounts shall be presented in euro. However, for the cash-flow purposes referred to in Article 49, the accounting officer and, in the case of imprest accounts, the imprest administrators, and, for the needs of the administrative management of the Union body, the authorising officer responsible, shall be authorised to carry out operations in other currencies. 2. Without prejudice to specific provisions laid down in sector-specific rules, or in specific contracts, grant agreements, contribution agreements and financing agreements, conversion by the authorising officer responsible shall be made using the daily euro exchange rate published in the C series of the Official Journal of the European Union of the day on which the payment order or recovery order is drawn up by the authorising department. If no such daily rate is published, the authorising officer responsible shall use the one referred to in paragraph 3. 3. For the purposes of the accounts provided for in Articles 82, 83 and 84 of Regulation (EU, Euratom) 2018/1046 conversion between the euro and another currency shall be made using the monthly accounting exchange rate of the euro. That accounting exchange rate shall be established by the accounting officer of the Commission by means of any source of information regarded as reliable, based on the exchange rate on the penultimate working day of the month preceding that for which the rate is established. 4. Currency conversion operations shall be carried out in such a way as to avoid having a significant impact on the level of the Union co-financing or a detrimental impact on the budget. Where appropriate, the rate of conversion between the euro and other currencies may be calculated using the average of the daily exchange rate in a given period. CHAPTER 5 PRINCIPLE OF UNIVERSALITY Article 19 Scope Without prejudice to Article 20, total revenue shall cover total payment appropriations. Without prejudice to Article 24, all revenue and expenditure shall be entered in full without any adjustment against each other. Article 20 Assigned revenue 1. External assigned revenue and internal assigned revenue shall be used to finance specific items of expenditure. 2. The following shall constitute external assigned revenue: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>financial contributions from Member States and third countries, including in both cases their public agencies, entities or natural persons, to certain activities of the Union body insofar as this is provided for in the agreement concluded between the Union body and the Member States, third countries or the public agencies, entities or natural persons in question;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>financial contributions from international organisations;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>revenue earmarked for a specific purpose, such as income from foundations, subsidies, gifts and bequests;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>financial contributions, not covered by point (a), to the Union bodies' activities from third countries or non-Union bodies;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>revenue from agreements referred to in Article 7;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>internal assigned revenue referred to in paragraph 3, to the extent that it is ancillary to the other revenue referred to in points (a) to (c) of this paragraph;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>revenue from fees and charges referred to in Article 6(3).</p></td></tr></tbody></table> 3. The following shall constitute internal assigned revenue: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>revenue from third parties in respect of goods, services or work supplied at their request, with the exception of fees and charges referred to in point (b) of Article 6(3);</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>revenue arising from the repayment, in accordance with Article 62, of amounts wrongly paid;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>proceeds from the supply of goods, services and works for Union institutions or other Union bodies;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>insurance payments received;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>revenue from lettings and from the sale of buildings and land;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>revenue arising from subsequent reimbursement of taxes pursuant to point (b) of Article 27(3) of Regulation (EU, Euratom) 2018/1046.</p></td></tr></tbody></table> 4. Assigned revenue shall be carried over and transferred in accordance with the provisions of points (a) and (b) of Article 12(4) and Article 27. 5. Without prejudice to point (f) of the second paragraph, the relevant constituent act may also assign the revenue for which it provides to specific items of expenditure. Unless specified otherwise in the relevant constituent act, such revenue shall constitute internal assigned revenue. 6. All items of revenue within the meaning of points (a) to (c) of paragraph 2 and points (a) and (c) of paragraph 3 shall cover all direct or indirect expenditure incurred by the activity or purpose in question. 7. The budget of the Union body shall include lines to accommodate external assigned revenue and internal assigned revenue and wherever possible shall indicate the amount. Assigned revenue may be included in the estimate of revenue and expenditure only for the amounts that are certain at the date of the establishment of the estimate. Article 21 Structure to accommodate assigned revenue and provision of corresponding appropriations 1. The structure to accommodate assigned revenue in the budget of the Union body shall comprise: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in the statement of revenue, a budget line to receive the revenue;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in the statement of expenditure, the budget remarks, including general remarks, showing which budget lines may receive the appropriations corresponding to the assigned revenue which are made available.</p></td></tr></tbody></table> In the case referred to in point (a) of the first subparagraph, a token entry ‘pro memoria’ shall be made and the estimated revenue shall be shown for information in the remarks. 2. The appropriations corresponding to assigned revenue shall be made available automatically, both as commitment appropriations and as payment appropriations, when the revenue has been received by the Union body. 3. By way of exception from paragraph 2, where assigned revenue stems from the implementation of a contribution agreement concluded pursuant to Article 7, the total amount of commitment appropriations may be made available upon entry into effect of the agreement concerned provided that the basic act with regard to the funds being delegated to the Union body provides for the possibility to make use of annual instalments. Article 22 Donations 1. The director may accept any donation made to the Union body, such as foundations, subsidies, gifts and bequests. 2. Acceptance of a donation of a value of EUR 50 000 or more which involves a financial charge or any type of obligation, including follow-up costs, exceeding 10 % of the value of the donation made, shall be subject to the prior authorisation of the management board or, where the constituent act allows it, of the executive board. The management board or executive board, as applicable, shall take a decision within two months of the date on which the request for authorisation is submitted to it. If the management board or, where the constituent act allows it, the executive board fails to take a decision within that period, the donation shall be deemed accepted. 3. The director shall, at the request of the management board or, where the constituent act allows it, the executive board, analyse, estimate and duly explain the financial charges, including follow-up costs, and any other obligations as referred to in paragraph 1 that the acceptance of the donation entails. Article 23 Corporate Sponsorship Article 26 of Regulation (EU, Euratom) 2018/1046 shall not apply to Union bodies. Article 24 Rules on deductions and exchange rates adjustments Article 27 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. CHAPTER 6 PRINCIPLE OF SPECIFICATION Article 25 General provisions 1. Appropriations shall be earmarked for specific purposes by title and chapter. The chapters shall be further subdivided into articles and lines. 2. In the budget of the Union body, appropriations may only be transferred to lines for which the budget of the Union body has authorised appropriations or which carry a token entry ‘pro memoria’. 3. The limits referred to in Article 26 shall be calculated at the time the request for transfer is made and with reference to the appropriations provided in the budget of the Union body, including amending budgets. 4. The amount to be taken into consideration for the purposes of calculating the limits referred to in Article 26 shall be the sum of the transfers to be made on the line from which transfers are being made, after adjustment for earlier transfers made. Article 26 Transfers 1. The director may transfer appropriations: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>from one title to another up to a maximum of 10&#160;% of the appropriations for the financial year shown on the line from which the transfer is made;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>from one chapter to another and within each chapter without limit.</p></td></tr></tbody></table> 2. Beyond the limit referred in paragraph 1, the director may propose transfers of appropriations from one title to another to the management board or, where the constituent act allows it, to the executive board. The management board or, where the constituent act allows it, the executive board shall have two weeks to oppose the proposed transfers. After that time limit, the proposed transfers shall be deemed to be adopted. 3. Proposals for transfers and transfers carried out under paragraphs 1 and 2 shall be accompanied by appropriate and detailed supporting documents showing the implementation of appropriations and estimates of requirements up to the end of the financial year, both for the headings to be credited and for those from which the appropriations are drawn. 4. The authorising officer shall inform the management board as soon as possible of all transfers made. The authoring officer shall inform the European Parliament and the Council of all transfers carried out under paragraph 2. Article 27 Specific rules on transfers Appropriations corresponding to assigned revenue may be transferred only if such revenue is used for the purpose for which it is assigned. CHAPTER 7 PRINCIPLE OF SOUND FINANCIAL MANAGEMENT AND PERFORMANCE Article 28 Performance and principles of economy, efficiency and effectiveness 1. Appropriations shall be used in accordance with the principle of sound financial management, and thus be implemented respecting the following principles: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the principle of economy which requires that the resources used by the Union body in the pursuit of its activities shall be made available in due time, in appropriate quantity and quality and at the best price;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the principle of efficiency which concerns the best relationship between the resources employed, the activities undertaken and the achievement of objectives;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the principle of effectiveness which concerns the extent to which the objectives pursued are achieved through the activities undertaken.</p></td></tr></tbody></table> 2. In line with the principle of sound financial management, the use of appropriations shall focus on performance and for that purpose: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>objectives for programmes and activities shall be established<span>ex ante</span>;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>progress in the achievement of objectives shall be monitored with performance indicators;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>progress in, and problems with, the achievement of those objectives shall be reported to the European Parliament and the Council in accordance with point (d) of the first subparagraph of Article 32(5) and with point (b) of the first subparagraph of Article 48(1).</p></td></tr></tbody></table> 3. Specific, measurable, attainable, relevant and time-bound objectives as referred to in paragraphs 1 and 2 and relevant, accepted, credible, easy and robust indicators shall be defined where relevant. The indicators used to monitor the achievement of the objectives shall cover all sectors. The director shall provide the relevant information to the management board annually. It shall be included in the Single Programming Document referred to in Article 32. 4. The Union body shall carry out a benchmarking exercise referred to in Article 38 of this Regulation. The benchmarking exercise shall include: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>a review of the efficiency of the Union body's horizontal services,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>a cost-benefit analysis of sharing services or transferring them entirely to another Union body or the Commission.</p></td></tr></tbody></table> When carrying out the benchmarking exercise referred to in the first and the second subparagraph the Union body shall make necessary arrangements to avoid any conflict of interests. Article 29 Evaluations 1. Programmes and activities that entail significant spending shall be subject to ex-ante and retrospective evaluations (‘evaluation’), which shall be proportionate to the objectives and expenditure. 2. Ex-ante evaluations supporting the preparation of programmes and activities shall be based on evidence, if available, on the performance of related programmes or activities and shall identify and analyse the issues to be addressed, the added value of Union involvement, objectives, expected effects of different options and monitoring and evaluation arrangements. 3. Retrospective evaluations shall assess the performance of the programme or activity, including aspects such as effectiveness, efficiency, coherence, relevance and EU added value. Retrospective evaluations shall be based on the information generated by the monitoring arrangements and indicators established for the action concerned. They shall be undertaken periodically and in sufficient time for the findings to be taken into account in ex-ante evaluations or impact assessments that support the preparation of related programmes and activities. 4. The director shall prepare an action plan to follow-up on the conclusions of the evaluations referred to in paragraph 3 and report on its progress to the Commission in the consolidated annual activity report referred to in Article 48 and regularly to the Management Board. 5. The management board shall scrutinise the implementation of the action plan referred to in paragraph 4. Article 30 Internal control of budget implementation 1. Pursuant to the principle of sound financial management, the budget of the Union body shall be implemented in compliance with effective and efficient internal control. 2. For the purposes of the implementation of the budget of the Union body, internal control shall be applied at all levels of management and shall be designed to provide reasonable assurance of achieving the following objectives: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>effectiveness, efficiency and economy of operations;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>reliability of reporting;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>safeguarding of assets and information;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>prevention, detection, correction and follow-up of fraud and irregularities;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>adequate management of the risks relating to the legality and regularity of the underlying transactions, taking into account the multiannual character of programmes as well as the nature of the payments concerned.</p></td></tr></tbody></table> 3. Effective internal control shall be based on best international practices and on the Internal Control Framework laid down by the Commission for its own departments and shall include, in particular, the following elements: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>segregation of tasks;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>an appropriate risk management and control strategy that includes control at recipient level;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>avoidance of conflicts of interests;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>adequate audit trails and data integrity in data systems;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>procedures for monitoring effectiveness and efficiency;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>procedures for follow-up of identified internal control weaknesses and exceptions;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>periodic assessment of the sound functioning of the internal control system.</p></td></tr></tbody></table> 4. Efficient internal control shall be based on the following elements: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the implementation of an appropriate risk management and control strategy coordinated among appropriate actors involved in the control chain;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the accessibility for all appropriate actors in the control chain of the results of controls carried out;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>reliance, where appropriate, on independent audit opinions, provided that the quality of the underlying work is adequate and acceptable and that it was performed in accordance with agreed standards;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the timely application of corrective measures including, where appropriate, dissuasive penalties;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>the elimination of multiple controls;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>the improvement of the cost-benefit ratio of controls.</p></td></tr></tbody></table> 5. Where the Union body runs also offices away from the main seat, the internal control system shall be designed in order to mitigate the specific risks of the activities of those offices. CHAPTER 8 PRINCIPLE OF TRANSPARENCY Article 31 Publication of accounts and budgets 1. The budget of the Union body shall be established and implemented and the accounts presented in accordance with the principle of transparency. 2. A summary of the budget of the Union body and any amending budget of the Union body, as definitively adopted, shall be published in the Official Journal of the European Union within three months of their adoption. The summary shall show the aggregated figures for each Title of the budget of the Union body, the establishment plan and an estimate of the number of contract staff expressed in full-time equivalents for which appropriations are budgeted, and seconded national experts. It shall also indicate the equivalent information for the previous financial year. 3. The budget of the Union body including the establishment plan and any amending budgets of the Union body, as definitively adopted, as well as an indication of the number of contract staff expressed in full-time equivalents for which appropriations are budgeted, and of the number of seconded national experts, shall be transmitted for information to the European Parliament and the Council, the Court of Auditors and the Commission, and shall be published on the website of the Union body within four weeks of their adoption. 4. The Union body shall make available on its website, no later than 30 June of the year following the financial year in which the funds were legally committed, information on the recipients of funds financed from the budget of the Union body, including experts contracted pursuant to Article 93 of this Regulation, in accordance with Article 38 of Regulation (EU, Euratom) 2018/1046 and following a standard presentation. The published information shall be easily accessible, transparent and comprehensive. The information shall be made available with due observance of the requirements of confidentiality and security, in particular the protection of personal data laid down in Regulation (EU) 2018/1725. TITLE III ESTABLISHMENT AND STRUCTURE OF THE BUDGET CHAPTER 1 ESTABLISHMENT OF THE BUDGET OF THE UNION BODY Article 32 Single programming document 1. In accordance with Article 40 of Regulation (EU, Euratom) 2018/1046 the Union body shall send by 31 January each year to the Commission, the European Parliament and the Council its draft single programming document, as endorsed by its Management Board, containing: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>a multiannual work programme;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>an annual work programme;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>an estimate of its revenue and expenditure;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>a resources programming document;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>information on its building policy;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>strategy for cooperation with third countries and/or international organisations;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>strategy for achieving efficiency gains and synergies;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>strategy for the organisational management and internal control systems including their anti-fraud strategy as last updated and an indication of measures to prevent recurrence of cases of conflict of interest, irregularities and fraud, in particular where weaknesses, reported under Article 48 or paragraph 6 of Article 78, have led to critical recommendations.</p></td></tr></tbody></table> The strategies referred to in the first subparagraph shall be assessed annually and updated as necessary. The single programming document shall be drawn up taking into account guidelines set by the Commission. 2. The multiannual work programme shall set out the overall strategic programming for the years N + 1 to N + 3, including the objectives, expected results and performance indicators to monitor the achievement of the objectives and the results. This overall strategic programming shall also show, per activity, the indicative financial and human resources considered necessary to attain the objectives set and shall also demonstrate the contribution of the Union body to the achievement of the EU political priorities. This strategic programming will be updated where appropriate, and in particular, to address the outcome of the overall evaluations referred to in the constituent act. 3. The annual work programme shall set out for the year N + 1: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the expected outputs that will contribute to the achievement of the objectives set in the overall strategic programming;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>a description of the activities to be financed together with an indication of the amount of financial and human resources, showing the number of officials, temporary and contract staff as defined in the Staff Regulations, as well as Seconded National Experts.</p></td></tr></tbody></table> It shall clearly indicate which tasks of the Union body have been added, changed or deleted in comparison with the adopted annual work programme of the previous financial year. Evaluation results shall be taken into account as evidence of the likely merits of an increase or decrease of the proposed budget of the Union body in comparison with its budget of the previous financial year. The annual work programme shall be coherent with the multiannual programme referred to in paragraph 2. Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial work programme, in accordance with the provisions of the constituent act. The management board may delegate the power to make non-substantial amendments to the annual work programme to the authorising officer of the Union body. 4. The estimate of revenue and expenditure of the Union body, supported by the general guidelines underlying that estimate, shall include: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>an estimate of revenue broken down by Title; indicating fees and charges separately, where appropriate;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>an estimate of expenditure (commitment and payment appropriations), broken down by expenditure Title and Chapter;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>quarterly estimate of cash payments and receipts;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>an establishment plan setting the number of permanent and temporary posts by grade and by function group authorised within the limits of the budget appropriations requested for year N + 1. Where there is a change in the number of establishment plan posts requested for year N + 1, a statement justifying the request for new posts shall be provided;</p></td></tr></tbody></table> The same information shall be provided on the number of contract staff and seconded national experts and shall be expressed in full-time equivalents. 5. The resources programming shall include qualitative and quantitative information on the human resource and budgetary matters for the reporting purposes, in particular: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>an estimate of the budget result from the year N &#8211; 1 as referred to in Article 17;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>information on contribution in kind granted by the host Member State to the Union body for year N &#8211; 1;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>information on the number of officials, temporary and contract staff as defined in the Staff Regulations as well as seconded experts for year N &#8211; 1 and for year N.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>information on the achievement of all previously set objectives for the various activities for year N &#8211; 1, showing the actual use of the human and financial resources by the end of year split between activities.</p></td></tr></tbody></table> The resource programming document shall be updated annually. 6. Information on the building policy of the Union body shall include: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>for each building, including of offices away from the main seat, the expenditure and surface area covered by the appropriations of the corresponding lines in the budget of the Union body;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the expected evolution of the global programming of surface area and premises for the coming years with a description of the building projects in planning phase which are already identified;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the final terms and costs, as well as relevant information regarding project implementation of new building projects previously submitted to the European Parliament and the Council under the procedure established in Article 266 of Regulation (EU, Euratom) 2018/1046 and not included in the preceding year's working documents.</p></td></tr></tbody></table> 7. The Commission shall send its opinion on the draft Single Programming Document to the Union body in a timely manner in any case not later than 1st July of the year N. If the Union body does not fully take into account the Commission's opinion, it shall provide the Commission with adequate explanations. 8. The final single programming document shall be adopted by the management board. 9. The Union body shall send any later updated version of the single programming document, notably to reflect the Commission's opinion and the outcome of the annual budgetary procedure, to the Commission, the European Parliament and the Council. Article 33 Establishment of the budget 1. The budget of the Union body shall be established in accordance with the provisions of the constituent act. 2. As part of the procedure for adoption of the budget, the Commission shall send the Union body's statement of estimates to the European Parliament and the Council and propose the amount of the contribution for the Union body and the number of staff it considers the Union body needs. The Commission shall provide the draft establishment plan of the Union bodies and an estimate of the number of contract staff and of seconded national experts expressed in full-time equivalents for which appropriations are proposed as soon as the Commission has established the draft budget. 3. The European Parliament and the Council shall adopt the establishment plan of the Union body and any subsequent amendments thereto, in accordance with Article 34. 4. After adoption of the draft budget by the Commission, the single programming document shall be adopted by the management board. It shall become definitive after final adoption of the Union budget setting the amount of the contribution and the establishment plan. If necessary the budget of the Union body and its establishment plan shall be adjusted accordingly. 5. When proposing to entrust new tasks to a Union Body, the Commission shall, without prejudice to the legislative procedures for the modification of the constituent act, submit to the European Parliament and to the Council the necessary information to assess the impact of the new tasks on the resources of the Union body so as to review, where necessary, its financing and its staffing level. Article 34 Amending budgets Any amendment to the budget of the Union body, including to the establishment plan, beyond the modifications authorized under Articles 26(1) and 38(1) of this Regulation, shall be the subject of an amending budget adopted by the same procedure as the initial budget of the Union body, in accordance with the provisions of the constituent act and Article 32 of this Regulation. Amending budgets shall be accompanied by statements of reasons and the information on the implementation of the budget for the preceding and current financial years available at the time of their establishment. CHAPTER 2 STRUCTURE AND PRESENTATION OF THE BUDGET OF THE UNION BODY Article 35 Structure of the budget of the Union body The budget of the Union body shall consist of a statement of revenue and a statement of expenditure. Article 36 Budget nomenclature As far as it is justified by the nature of the Union body's activities, the statement of expenditure must be set out on the basis of a nomenclature with a classification by purpose. That nomenclature shall be determined by the Union body and shall make a clear distinction between administrative appropriations and operational appropriations. The budget nomenclature shall comply with the principles of specification, sound financial management and transparency. It shall provide the clarity and transparency necessary for the budgetary process, facilitating the identification of the main objectives as reflected in the relevant legal bases, making choices on political priorities possible and enabling efficient and effective implementation. Article 37 Presentation of the budget of the Union body The budget of the Union body shall show: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in the statement of revenue:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the estimated revenue of the Union body for the financial year concerned (&#8216;year N&#8217;);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>the estimated revenue for the preceding financial year and the revenue for year N &#8211; 2;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>appropriate remarks on each revenue line.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in the statement of expenditure:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the commitment and payment appropriations for year N;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>the commitment and payment appropriations for the preceding financial year, and the expenditure committed and the expenditure paid in year N &#8211; 2 &#8212; the latter also expressed as a percentage of the budget of the Union body of year N;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>a summary statement of the schedule of payments due in subsequent financial years to meet budget commitments entered into in earlier financial years;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iv)</p></td><td><p>appropriate remarks on each subdivision.</p></td></tr></tbody></table></td></tr></tbody></table> Article 38 Rules on the establishment plans for staff 1. The establishment plan referred to in Article 32(4) shall show next to the number of posts authorised for the financial year, the number authorised for the preceding year and the number of posts actually filled. It shall constitute an absolute limit for the Union body. No appointment may be made in excess of the limit set. However, save in the case of grades AD 16, AD 15, AD 14 and AD 13, the management board may modify the establishment plan by up to 10 % of posts authorised, subject to the following conditions: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the volume of staff appropriations corresponding to a full financial year is not affected;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the limit of the total number of posts authorised by the establishment plan is not exceeded;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the Union body has taken part in a benchmarking exercise with other Union bodies as initiated by the Commission's staff screening exercise.</p></td></tr></tbody></table> 2. By derogation from the second subparagraph of paragraph 1, the effects of part-time work authorised by the appointing authority in accordance with the Staff Regulations may be offset by other appointments. Where a staff member requests the withdrawal of the authorisation before expiry of the granted period, the Union body shall take appropriate measures to respect the limit referred to in point (b) of the second subparagraph of paragraph 1 as soon as possible. TITLE IV IMPLEMENTATION OF THE BUDGET OF THE UNION BODY CHAPTER 1 GENERAL PROVISIONS Article 39 Budget implementation in accordance with the principle of sound financial management 1. The director shall perform the duties of authorising officer. He or she shall implement the revenue and expenditure of the budget in accordance with the financial rules of the Union body and the principle of sound financial management under his or her own responsibility and within the limits of the appropriations authorised. 2. Without prejudice to the responsibilities of the authorising officer as regards prevention and detection of fraud and irregularities, the Union body shall participate in fraud prevention activities of the European Anti-fraud Office. Article 40 Information on transfers of personal data for audit purposes In any call made in the context of grants, procurement or prizes implemented in direct implementation, potential beneficiaries, candidates, tenderers and participants shall, in accordance with Regulation (EU) 2018/1725 be informed that, for the purposes of safeguarding the financial interests of the Union, their personal data may be transferred to internal audit services, to the European Court of Auditors, or to the European Anti-Fraud Office and between authorising officers of the Union bodies, the Commission and the executive agencies. Article 41 Delegation of budget implementation powers 1. The director may delegate the powers of budget implementation to staff of the Union body covered by the Staff Regulations, in accordance with the conditions laid down in the financial rules of the Union body adopted by the management board. Those so empowered may act only within the limits of the powers expressly conferred upon them. 2. The delegatee may subdelegate the powers received with the explicit agreement of the director. Article 42 Conflict of interests 1. Financial actors within the meaning of Chapter 3 of this Title and other persons, including the members of the Management Board, involved in budget implementation and management, including acts preparatory thereto, audit or control shall not take any action that may bring their own interests into conflict with those of the Union body. They shall also take appropriate measures to prevent a conflict of interest from arising in the functions under their responsibility and to address situations which may objectively be perceived as a conflict of interest. Where there is a risk of a conflict of interest, the person in question shall refer the matter to the competent authority. The competent authority shall confirm in writing, whether a conflict of interest is found to exist. In that case, the competent authority shall ensure that the person concerned ceases all activities in the matter. The competent authority shall take any further appropriate action. 2. For the purposes of paragraph 1, a conflict of interest exists where the impartial and objective exercise of the functions of a financial actor or other person, as referred to in paragraph 1, is compromised for reasons involving family, emotional life, political or national affinity, economic interest or any other direct or indirect personal interest. 3. The competent authority referred to in paragraph 1 shall be the director. If the member of staff concerned is the director, the competent authority shall be the management board or, where the constituent act allows it, the executive board. In case of a conflict of interest involving a member of the management board, the competent authority shall be the management board, exclusive of the member concerned. 4. The Union body shall adopt rules on the prevention and management of conflict of interests and shall publish annually on its website the declaration of interests of the management board members. CHAPTER 2 Article 43 Method of implementation of the budget of the Union body 1. The budget of the Union body shall be implemented by the director in the departments placed under his or her authority. 2. In order to facilitate the implementation of their appropriations, Union bodies may conclude service-level agreements as referred to in Article 59 of Regulation (EU, Euratom) 2018/1046. 3. Technical expertise tasks and administrative, preparatory or ancillary tasks not involving the exercise of public authority or the use of discretionary powers of judgement may be entrusted by contract to external private-sector entities, where this proves to be indispensable. CHAPTER 3 FINANCIAL ACTORS SECTION 1 Principle of Segregation of Duties Article 44 Segregation of duties The duties of authorising officer and accounting officer shall be segregated and mutually exclusive. The Union body shall provide each financial actor with the resources required to perform his or her duties and a charter describing in detail his or her tasks, rights and obligations. SECTION 2 Authorising Officer Article 45 Powers and duties of authorising officer 1. The authorising officer shall be responsible for implementing revenue and expenditure in accordance with the principle of sound financial management, including through ensuring reporting on performance and for ensuring compliance with the requirements of legality and regularity and equal treatment of recipients of Union funds. 2. The authorising officer shall put in place the organisational structure and the internal control systems suited to the performance of the duties of authorising officer, in accordance with the minimum standards or principles adopted by the management board or, where the constituent act allows it, by the executive board, on the basis of the Internal Control Framework laid down by the Commission for its own departments and having due regard to the risks associated with the management environment, including where applicable specific risks associated to decentralized offices, and the nature of the actions financed. The establishment of such structure and systems shall be supported by a comprehensive risk analysis, which takes into account their cost-effectiveness and performance considerations. The authorising officer may establish within his or her departments an expertise and advice function to help him or her control the risks involved in his or her activities. 3. To implement expenditure, the authorising officer shall make budgetary and legal commitments, shall validate expenditure and authorise payments and shall undertake the preliminary steps for the implementation of appropriations. 4. To implement revenue, the authorising officer shall draw up estimates of amounts receivable, establish entitlements to be recovered and issue recovery orders. Where appropriate, the authorising officer shall waive established entitlements. 5. In order to prevent errors and irregularities before the authorization of operations and to mitigate risks of non-achievement of objectives, each operation shall be subject at least to an ex ante control relating to the operational and financial aspects of the operation, on the basis of a control strategy which takes risk and cost-effectiveness into account. The extent in terms of frequency and intensity of the ex ante controls shall be determined by the authorising officer taking into account the results of prior controls as well as risk-based and cost-effectiveness considerations, on the basis of his or her own risk analysis. In case of doubt, the authorising officer responsible for validating the relevant operations shall, as part of the ex ante control, request complementary information or perform an on-the-spot control in order to obtain reasonable assurance. 6. For the purpose of controls, a series of similar individual transactions relating to routine expenditure on salaries, pensions, reimbursement of mission expenses and medical expenses may be considered by the authorising officer to constitute a single operation. 7. For a given operation, the verification shall be carried out by staff other than those who initiated the operation. The staff who carry out the verification shall not be subordinate to the members of staff who initiated the operation. 8. The authorising officer may put in place ex post controls to detect and correct errors and irregularities of operations after they have been authorized. Such controls may be organised on a sample basis according to risk and shall take account of the results of prior controls as well as cost-effectiveness and performance considerations. 9. The ex post controls shall be carried out by staff other than those responsible for the ex ante controls. The staff responsible for the ex post controls shall not be subordinate to the members of staff responsible for the ex ante controls. The ex post controls may take the form of financial audits at the premises of the beneficiaries. The rules and modalities, including timeframes, for carrying out audits of the beneficiaries shall be clear, consistent and transparent, and shall be made available when signing the grant agreement. 10. Authorising officers and staff responsible for budget implementation shall have the necessary professional skills. They shall respect a specific code of professional standards adopted by the Union body and based on standards laid down by the Commission for its own departments. 11. If a member of staff, involved in the financial management and control of transactions, considers that a decision he or she is required by his or her superior to apply or to agree to is irregular or contrary to the principles of sound financial management or the professional rules which that member of staff is required to observe, he or she shall inform the director who shall, if the information is given in writing, reply in writing. If the director fails to take action within a reasonable time given the circumstances of the case and in any event within a month or confirms the initial decision or instruction and the member of staff believes that such confirmation does not constitute a reasonable response to his or her concern, the member of staff shall inform the relevant panel referred to in Article 143 of Regulation (EU, Euratom) 2018/1046 and the management board in writing. 12. In the event of any illegal activity, fraud or corruption which may harm the interests of the Union, a member of staff or other servant, including national experts seconded to the Union body, shall inform their immediate superior, the director or the management board of the Union body or the European Anti-Fraud Office or the European Public Prosecutor's Office directly. Contracts with external auditors carrying out audits of the financial management of the Union body shall provide for an obligation of the external auditor to inform the director or, if the latter may be involved, the management board of any suspected illegal activity, fraud or corruption that may harm the interests of the Union. Article 46 Delegation of budget implementation Where powers of budget implementation are delegated or subdelegated in accordance with Article 41, the relevant provisions of Article 45 shall apply mutatis mutandis to the authorising officers by delegation or subdelegation. Article 47 Keeping of supporting documents by authorizing officers 1. The authorising officer shall set up paper-based or electronic systems for the keeping of original supporting documents relating to budget implementation. Such documents shall be kept for at least five years from the date on which the European Parliament grants discharge for the financial year to which the documents relate. 2. Documents relating to operations not definitively closed shall be kept for longer than provided for in paragraph 1, namely until the end of the year following that in which the operations are closed. 3. Personal data contained in supporting documents shall, where possible, be deleted when those data are not necessary for budgetary discharge, control and audit purposes. Article 88 of Regulation (EU) 2018/1725 shall apply to the conservation of data. Article 48 Consolidated Annual Activity Report 1. The authorising officer shall report to the management board on the performance of his or her duties in a form of a consolidated annual activity report containing: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>information on:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the achievement of the objectives and results set in the Single Programming Document referred to in Article&#160;32 through the reporting on the set of Performance Indicators;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>the action plan to follow-up on the conclusions of the evaluations referred to in paragraph 3 of Article 29 and the report on its progress in accordance with Article 29(4);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>the implementation of the body's annual work programme, budget and staff resources referred to in Article&#160;32(5)(c);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iv)</p></td><td><p>the contribution of the Union body to the achievement of the Union political priorities;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(v)</p></td><td><p>organisational management and on the efficiency and effectiveness of the internal control systems including the implementation of the body's anti-fraud strategy, the summary of number and type of internal audits carried out by the internal auditor, the internal audit capabilities, the recommendations made and the action taken on these recommendations and on the recommendations of previous years, as referred to in Articles 82 and 83;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(vi)</p></td><td><p>any observations of the Court of Auditors and the actions taken on these observations;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(vii)</p></td><td><p>the agreements referred to in Article 7;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(viii)</p></td><td><p>the service-level agreements referred to in Article 43;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ix)</p></td><td><p>the acts of delegation and subdelegation referred to in Article 41.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>a declaration of the authorising officer stating whether he or she has a reasonable assurance that unless otherwise specified in any reservations related to defined areas of revenue and expenditure:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the information contained in the report presents a true and fair view;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>the resources assigned to the activities described in the report have been used for their intended purpose and in accordance with the principle of sound financial management;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>the control procedures put in place give the necessary guarantees concerning the legality and regularity of the underlying transactions.</p></td></tr></tbody></table></td></tr></tbody></table> The consolidated annual activity report shall indicate the results of the operations by reference to the objectives set and performance considerations, the risks associated with the operations, the use made of the resources provided and the efficiency and effectiveness of the internal control systems, including an overall assessment of the costs and benefits of controls. The consolidated annual report shall be submitted to the management board for the assessment. 2. No later than 1 July each year the consolidated annual activity report together with its assessment shall be sent by the management board to the Court of Auditors, to the Commission, to the European Parliament and the Council. 3. Additional reporting requirements may be provided in the constituent act in duly justified cases, in particular when it is required by the nature of the field in which the body operates. SECTION 3 Accounting Officer Article 49 Powers and duties of the accounting officer The management board shall appoint an accounting officer who shall be responsible in the Union body for: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>properly implementing payments, collecting revenue and recovering amounts established as being receivable;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>preparing and presenting the accounts in accordance with Title X;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>keeping the accounts in accordance with Title X;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>implementing the accounting rules and the chart of accounts in accordance with the provisions adopted by the Commission's accounting officer;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>laying down and validating the accounting systems and, where appropriate, validating systems laid down by the authorising officer to supply or justify accounting information;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>treasury management.</p></td></tr></tbody></table> With respect to the tasks referred to in point (e) of the first subparagraph, the accounting officer shall be empowered to verify at any time compliance with the validation criteria. Article 50 Appointment and termination of duties of the accounting officer 1. The management board shall appoint an accounting officer, covered by the Staff Regulations, who shall be completely independent in the performance of his or her duties. The accounting officer shall be chosen by the management board on the grounds of his or her particular competence as evidenced by diplomas or by equivalent professional experience. 2. Two or more Union bodies may appoint the same accounting officer. In such case, they shall make the necessary arrangements in order to avoid any conflict of interest. Union bodies may also agree with the Commission that the accounting officer of the Commission shall also act as accounting officer of the Union body. Union bodies may also entrust the accounting officer of the Commission with part of the tasks of an accounting officer of the Union body, taking into account the cost-benefit analysis referred to in Article 28. 3. A trial balance shall be drawn up without delay in the event of termination of the duties of the accounting officer. The trial balance accompanied by a hand-over report shall be transmitted by the accounting officer who is terminating his or her duties or, if it is not possible, by a member of staff in his or her department to the new accounting officer. The new accounting officer shall sign the trial balance in acceptance within one month from the date of transmission and he or she may make reservations. The hand-over report shall also contain the result of the trial balance and any reservations made. Article 51 Accounting rules The accounting officer of the Union body shall apply the rules adopted by the accounting officer of the Commission based on internationally accepted accounting standards for the public sector. For the purposes of the first paragraph of this Article, Articles 80 to 84 and 87 of Regulation (EU, Euratom) 2018/1046 shall apply. Articles 85 and 86 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. SECTION 4 Imprest Administrator Article 52 Imprest accounts Article 88 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 53 Creation and administration of imprest accounts Where imprest accounts are set up by the Union body, Article 89 of Regulation (EU, Euratom) 2018/1046 shall apply. CHAPTER 4 LIABILITY OF FINANCIAL ACTORS SECTION 1 General Rules Article 54 Withdrawal of delegation of powers to and suspension of duties of financial actors Article 90 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 55 Liability of the financial actors for illegal activity, fraud or corruption Article 91 of Regulation (EU, Euratom) 2018/1046 shall apply. SECTION 2 Rules applicable to authorising officers Article 56 Rules applicable to authorising officers Article 92 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 57 Treatment of financial irregularities on the part of a member of staff Article 93 of Regulation (EU, Euratom) 2018/1046 shall apply. SECTION 3 Rules applicable to accounting officers and imprest administrators Article 58 Rules applicable to accounting officers Article 94 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 59 Rules applicable to imprest officers Article 95 of Regulation (EU, Euratom) 2018/1046 shall apply. CHAPTER 5 REVENUE OPERATIONS Article 60 Request for payment The Union body shall present to the Commission requests for payment of all or part of the annual Union contribution pursuant to Article 16(6) under terms and at intervals agreed with the Commission. Article 61 Treatment of interest The interest generated by funds paid to the Union body by the Commission by way of the contribution shall not be due to the budget of the Union. Article 62 Estimate of amounts receivable Article 97 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 63 Establishment of amounts receivable Article 98 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 64 Default interest Article 99 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 65 Authorisation of recovery The authorisation of recovery is the act by which the authorising officer instructs the accounting officer, by issuing a recovery order, to recover an amount receivable that that authorising officer has established. Article 66 Rules on recovery Paragraphs 1 to 6 of Article 101 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 67 Recovery by offsetting Article 102 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 68 Recovery procedure failing voluntary payment Article 103 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 69 Additional time for payment Article 104 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 70 Limitation period Article 105 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 71 Specific provisions applicable to fees and charges Where the Union body collects fees and charges referred to in point (b) of Article 6(3), an overall provisional estimate of such fees and charges shall be included in the Single Programming Document referred to in Article 32. Where fees and charges are entirely determined by legislation or decisions of the management board, the authorising officer may abstain from issuing recovery orders and directly draw up debit notes after having established the amount receivable. In this case, all details of the Union body's entitlement shall be registered. The accounting officer shall keep a list of all debit notes and provide the number of the debit notes and the global amount in the Union body's report on budgetary and financial management. Where the Union body uses a separate invoicing system, the accounting officer shall regularly, and at least on a monthly basis, enter the accumulated sum of fees and charges received into the accounts. The Union body shall provide services by virtue of the tasks entrusted to it only after the corresponding fee or charge has been paid in its entirety. However, in exceptional circumstances, a service may be provided without prior payment of the corresponding charge or fee. In cases where service has been provided without prior payment of the corresponding charge or fee, Articles 63 to 70 shall apply. CHAPTER 6 EXPENDITURE OPERATIONS Article 72 Financing decisions 1. A budgetary commitment shall be preceded by a financing decision. Administrative appropriations may be implemented without a prior financing decision. 2. The annual and multi-annual work programmes of the Union body included in the single programming document referred to in Article 32 shall be equivalent to a financing decision for the activities it covers, provided that the elements set out in Article 32(2) and (3) are clearly identified. A multiannual financing decision shall specify that the implementation of the decision is subject to the availability of budget appropriations for the respective financial years after the adoption of the budget or as provided for in the system of provisional twelfths. 3. The financing decision shall also set out the following: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>for grants: the type of applicants targeted by the call for proposals or direct award and the global budgetary envelope reserved for the grants;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>for procurement: the global budgetary envelope reserved for procurements;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>for prizes: the type of participants targeted by the contest, the global budgetary envelope reserved for the contest and a specific reference for prizes with a unit value of EUR 1&#160;000&#160;000 or more.</p></td></tr></tbody></table> Article 73 Expenditure operations 1. Every item of expenditure shall be committed, validated, authorized and paid. At the end of the periods referred to in Article 75, the unused balance of budgetary commitments shall be decommitted. When executing operations, the authorising officer shall ensure that the expenditure complies with the Treaties, the budget, this Regulation and other acts adopted pursuant to the Treaties as well as with the principle of sound financial management. 2. The authorising officer shall make a budgetary commitment before entering into a legal commitment with third parties. The first subparagraph shall not apply to legal commitments concluded following a declaration of a crisis situation in the framework of a business continuity plan, in accordance with the procedures adopted by the Union body. 3. The authorising officer shall validate expenditure by accepting that an item of expenditure is charged to the budget of the Union body, after having checked the supporting documents attesting the creditor's entitlement as per the conditions set in the legal commitment when there is a legal commitment. For this purpose, the authorising officer responsible shall: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>verify the existence of the creditor's entitlement;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>determine or verify the reality and the amount of the claim through the endorsement &#8216;certified correct&#8217;;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>verify the conditions according to which payment is due.</p></td></tr></tbody></table> Notwithstanding the first subparagraph, the validation of expenditure shall also apply to interim or final reports not associated with a request for payment in which case the impact on the accounting system will be limited to the general accounts. 4. The validation decision shall be expressed through electronically secured signature in accordance with Article 146 of Regulation (EU, Euratom) 2018/1046 by the authorising officer or by a technically competent member of staff, duly empowered by a formal decision of the authorising officer or, exceptionally, for paper workflow, take the form of a stamp incorporating that signature. With the endorsement ‘certified correct’, the authorising officer or a technically competent member of staff, duly empowered by the authorising officer, shall certify that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>for the pre-financing: the conditions required in the legal commitment for the payment of the pre-financing are met;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>for interim and balance payments in contracts: the services provided for in the contract have been properly provided, the supplies properly delivered or that the work has been properly carried out;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>for interim and balance payments in grants: the action or work programme carried out by the beneficiary is in all respects in compliance with the grant agreement including, where applicable that the costs declared by the beneficiary are eligible.</p></td></tr></tbody></table> In the case referred to in point (c) of the second subparagraph, cost estimates shall not be deemed to comply with the eligibility conditions set out in Article 186(3) of Regulation (EU, Euratom) 2018/1046. The same principle shall also apply for interim and final reports not associated to a payment request. 5. In order to authorize the expenditure, the authorising officer shall, after having verified that the appropriations are available, issue a payment order to instruct the accounting officer to pay an amount of expenditure that has been previously validated. 6. Where periodic payments are made with regard to services rendered, including rental services, or goods delivered, the authorising officer may, subject to that officer's risk analysis, order the application of a direct debit system from an imprest account. Article 74 Types of budgetary commitments 1. Budgetary commitments shall fall into one of the following three categories: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>individual: when the recipient and the amount of the expenditure are known;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>global: when at least one of the elements necessary to identify the individual commitment is still not known;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>provisional: to cover routine administrative expenditure where either the amount or the final payees are not definitively known.</p></td></tr></tbody></table> 2. Budgetary commitments for actions extending over more than one financial year may be broken down over several years into annual instalments only where the constituent act or basic act so provides or where they relate to administrative expenditure. 3. A global budgetary commitment shall be made on the basis of a financing decision. The global budgetary commitment shall be made at the latest before the decision on the recipients and amounts is taken and, where implementation of the appropriations concerned involves the adoption of a work programme, at the earliest after that programme has been adopted. 4. The global budgetary commitment shall be implemented by the conclusion of one or more legal commitments. 5. Each individual legal commitment adopted following a global budgetary commitment shall, prior to signature, be registered by the authorising officer in the budgetary accounts and booked to the global budgetary commitment. 6. Provisional budgetary commitments shall be implemented by entering into one or more legal commitments giving rise to an entitlement to subsequent payments. However, in cases relating to expenditure on staff management, they may be implemented directly by payments. Article 75 Time limits for commitments 1. Without prejudice to Articles 73(2) and 109(2) legal commitments relating to individual or provisional budgetary commitments shall be entered into by 31 December of year n, year n being the one in which the budgetary commitment was made. 2. Global budgetary commitments shall cover the total cost of the corresponding legal commitments concluded up to 31 December of year n + 1. 3. At the end of the periods referred to in paragraphs 1 and 2, the unused balance of such budgetary commitments shall be decommitted by the authorising officer. 4. The individual and provisional budgetary commitments for actions extending over more than one financial year shall, except in the case of staff expenditure, have a final date for implementation set, in accordance with the conditions in the legal commitments to which they refer, and taking into account the principle of sound financial management. 5. Any parts of budgetary commitments that have not been executed by payments six months after the final date for implementation shall be decommitted in accordance with Article 14. 6. The amount of a budgetary commitment for which no payment within the meaning of Article 76 has been made within two years of the signing of the legal commitment shall be decommitted, except where that amount relates to a case under litigation before judicial courts or arbitral bodies or where there are special provisions laid down in sector-specific rules. Article 76 Types of payments 1. Payment of expenditure shall be made by the accounting officer within the limits of the funds available. 2. Payment shall be made on production of proof that the relevant action is in accordance with the contract, the agreement or the basic act and shall cover one or more of the following operations: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>payment of the entire amount due;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>payment of the amount due in any of the following ways:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>pre-financing providing a float, which may be divided into a number of payments in accordance with the principle of sound financial management; such pre-financing shall be paid either on the basis of the contract, the grant agreement or the basic act, or on the basis of supporting documents which make it possible to check that the terms of the contract or agreement in question are complied with;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>one or more interim payments as a counterpart of a partial execution of the action or performance of the contract. It may clear pre-financing in whole or in part, without prejudice to the provisions of the basic act;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>payment of the balance of the amounts due where the action or contract is completely executed.</p></td></tr></tbody></table></td></tr></tbody></table> The payment of the balance shall clear all preceding expenditure. A recovery order shall be issued to recover unused amounts. 3. A distinction shall be made in budgetary accounting between the different types of payment referred to in paragraph 2 at the time each payment is made. 4. The accounting rules referred to in Article 51 shall include the rules for clearing the pre-financing in the accounts and for the acknowledgment of the eligibility of costs. 5. Pre-financing payments shall be cleared regularly by the authorising officer responsible, according to the economic nature of the project and, at the latest, at the end of the project. The clearing shall be performed on the basis of information on costs incurred or confirmation of the conditions for payment being fulfilled in accordance with Article 125 of Regulation (EU, Euratom) 2018/1046 as validated by the authorising officer in accordance with Article 73(3) of this Regulation. For grant agreements or contracts above EUR 5 000 000, the authorising officer shall obtain at each year-end at least the information needed to calculate a reasonable estimate of the costs. That information shall not be used for clearing the pre-financing, but may be used by the authorising officer and the accounting officer to comply with Article 82(2) of Regulation (EU, Euratom) 2018/1046. For the purposes of the second subparagraph, appropriate provisions shall be included in the legal commitments entered into. Article 77 Time limits for payments The payment of expenditure shall be carried out within the time limits specified in, and in accordance with Article 116 of Regulation (EU, Euratom) 2018/1046. CHAPTER 7 INTERNAL AUDITOR Article 78 Appointment and powers and duties of the internal auditor 1. The Union body shall have an internal auditing function that shall be performed in compliance with the relevant international standards. 2. The internal audit function shall be performed by the Commission's internal auditor. The internal auditor may be neither authorising officer nor accounting officer neither of the Union body nor of the Commission 3. The internal auditor shall advise the Union body on dealing with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the conditions of implementation of operations and promoting sound financial management. The internal auditor shall be responsible, in particular, for: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>assessing the suitability and effectiveness of internal management systems and the performance of departments in implementing programmes and actions by reference to the risks associated with them;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>assessing the efficiency and effectiveness of the internal control and audit systems applicable to each operation for implementation of the budget of the Union body.</p></td></tr></tbody></table> 4. The internal auditor shall perform his or her duties in relation to all the Union body's activities and departments. He or she shall enjoy full and unlimited access to all information required to perform his or her duties, if necessary on the spot access, including in the Member States and in third countries. 5. The internal auditor shall take note of the consolidated annual activity report of the authorising officer and any other pieces of information identified. 6. The internal auditor shall report to the management board and the director of the Union body on his or her findings and recommendations. The Union body shall ensure that action is taken with regard to recommendations resulting from audits. 7. The internal auditor shall also report in any of the following cases: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>critical risks and recommendations have not been addressed;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>there are significant delays in the implementation of the recommendations made in previous years.</p></td></tr></tbody></table> The management board or, where the constituent act allows it, the executive board, and the director shall ensure regular monitoring of the implementation of audit recommendations. The management board or, where the constituent act allows it, the executive board shall examine the information referred to in Article 48(1)(a) and whether the recommendations have been fully and timely implemented. Each Union body shall consider whether the recommendations made in the reports of its internal auditor are suitable for an exchange of best practices with the other Union bodies. 8. The Union body shall make available the contact details of the internal auditor to any natural or legal person involved in expenditure operations, for the purposes of confidentially contacting the internal auditor. 9. The reports and findings of the internal auditor shall be accessible to the public only after validation by the internal auditor of the action taken for their implementation. Article 79 Independence of the internal auditor 1. The internal auditor shall enjoy complete independence in the conduct of his or her audits. Special rules applicable to the internal auditor shall be laid down by the Commission and shall be such as to guarantee that the internal auditor is completely independent in the performance of his or her duties, and to establish the internal auditor's responsibility. 2. The internal auditor may not be given any instructions nor be restricted in any way as regards the performance of the functions which, by virtue of his or her appointment, are assigned to him or her under the Financial Regulation. Article 80 Establishment of internal audit capability 1. The management board or, where the constituent act allows it, the executive board may establish, with due regard to cost effectiveness and added value, an internal audit capability that shall perform its duties in compliance with the relevant international standards. The purpose, authority and responsibility of the internal audit capability shall be provided for in the internal audit charter and shall be subject to the approval of the management board or, where the constituent act allows it, of the executive board. The annual audit plan of an internal audit capability shall be drawn up by the Head of internal audit capability taking into consideration, inter alia, the director's assessment of risk in the Union body. It shall be reviewed and approved by the management board or, where the constituent act allows it, by the executive board. The internal audit capability shall report to the management board and the director on his or her findings and recommendations. 2. If the internal audit capability of a single Union body is not cost-effective or is not able to meet international standards, the Union body may decide to share an internal audit capability with other Union bodies functioning in the same policy area. In such cases the management board or, where the constituent act allows it, the executive board of the concerned Union bodies shall agree on the practical modalities of the shared internal audit capability. 3. The internal audit actors shall cooperate efficiently through exchanging information and audit reports and, where appropriate, establishing joint risk assessments, and carrying out joint audits. The management board or, where the constituent act allows it, the executive board, and the director shall ensure regular monitoring of the implementation of internal audit capability's recommendations. TITLE V COMMON RULES Article 81 Forms of Union bodies' contributions 1. Union bodies' contributions shall help achieve a Union policy objective and results specified and may take any of the following forms: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>financing not linked to costs of the relevant operations based on:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the fulfilment of conditions set out in sector specific rules or Commission Decisions or;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>the achievement of results measured by reference to previously set milestones or through performance indicators.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>reimbursement of eligible costs actually incurred:</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>unit costs, which cover all or certain specific categories of eligible costs which are clearly identified in advance by reference to an amount per unit;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>lump sums, which cover in global terms all or certain specific categories of eligible costs which are clearly identified in advance;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>flat-rate financing, which covers specific categories of eligible costs, which are clearly identified in advance, by applying a percentage;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>a combination of the forms referred to in points (a) to (e).</p></td></tr></tbody></table> Union bodies' contributions under points (c), (d) and (e) of the first subparagraph of this paragraph shall be established in accordance with Article 181 of Regulation (EU, Euratom) 2018/1046 or sector specific rules. Union bodies' contributions under point (a) of the first subparagraph of this paragraph shall be established in accordance with Article 181 of Regulation (EU, Euratom) 2018/1046, sector specific rules or a Commission decision. 2. When determining the appropriate form of a contribution, the potential recipients' interests and accounting methods shall be taken into account to the greatest extent possible. 3. The authorising officer responsible shall report on financing not linked to costs pursuant to points (a) and (f) of the first subparagraph of paragraph 1 of this Article in the annual activity report referred to in Article 48. Article 82 Cross-reliance on assessments Article 126 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 83 Cross-reliance on audits Article 127 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 84 Use of already available information Article 128 of Regulation (EU, Euratom) 2018/1046 shall apply. Article 85 Cooperation for protection of the financial interests of the Union Article 129 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 86 Information to the Commission on cases of fraud and other financial irregularities Without prejudice to its obligations pursuant to Article 8(1) of Regulation (EU, Euratom) No 883/2013 and Article 24(1) of Regulation (EU) 2017/1939, the Union body shall inform the Commission without delay on cases of presumed fraud and other financial irregularities. Moreover, it shall inform the Commission of any completed or ongoing investigations by the European Public Prosecutor's Office or the European anti-Fraud Office (OLAF), and of any audits or controls by the Court of Auditors or the Internal Audit Service (IAS), without endangering the confidentiality of the investigations. Where the Commission's responsibility to implement the Union's budget may be affected or in cases involving a potentially serious reputational risk for the Union, the EPPO and/or OLAF shall inform the Commission without delay of any ongoing or completed investigation, without endangering its confidentiality and effectiveness. Article 87 Early-detection and exclusion system Section 2 of Chapter 2 of Title V of Regulation (EU, Euratom) 2018/1046 shall apply. Article 88 Rules on procedures, management and e-government Section 1 and section 3 of Chapter 2 and Chapter 3 of Title V of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. TITLE VI PUBLIC PROCUREMENT AND CONCESSIONS Article 89 Common provisions As regards procurement, Title VII of Regulation (EU, Euratom) 2018/1046 and Annex 1 thereof shall apply, subject to Article 90. The Union body may be associated, at its request, as contracting authority, in the award of Commission or interinstitutional contracts and with the award of contracts of other Union bodies. Article 90 Procurement procedures The Union body may conclude a service level agreement as referred to in paragraph 2 of Article 43 without having recourse to a public procurement procedure. The Union body may use joint procurement procedures with contracting authorities of the host Member State to cover its administrative needs. In such case, Article 165 of Regulation (EU, Euratom) 2018/1046 shall apply. TITLE VII GRANTS AND PRIZES Article 91 Grants Where the Union body may award grants in accordance with the constituent act or by delegation of the Commission pursuant to Article 62(1)(c)(iv) of Regulation (EU, Euratom) 2018/1046, the relevant provisions of Title VIII of Regulation (EU, Euratom) 2018/1046 shall apply. Article 92 Prizes Where the Union body may award prizes in accordance with the constituent act or by delegation of the Commission pursuant to Article 62(1)(c)(iv) of Regulation (EU, Euratom) 2018/1046, the relevant provisions of Title IX of Regulation (EU, Euratom) 2018/1046 shall apply. TITLE VIII OTHER BUDGET IMPLEMENTATION INSTRUMENTS Article 93 Remunerated external experts Article 237 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 94 Non remunerated experts Article 238 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 95 Membership fees and other payments of subscriptions Article 239 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. Article 96 Other instrument Article 240 of Regulation (EU, Euratom) 2018/1046 shall apply mutatis mutandis. TITLE IX ANNUAL ACCOUNTS AND OTHER FINANCIAL REPORTING CHAPTER 1 ANNUAL ACCOUNTS SECTION 1 Accounting Framework Article 97 Structure of the accounts The annual accounts of the Union body shall be prepared for each financial year that shall run from 1 January to 31 December. Those accounts shall comprise the following: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the financial statements of the Union body;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the budget implementation reports of the Union body.</p></td></tr></tbody></table> Article 98 Financial statements 1. The financial statements shall be presented in euro and in accordance with the accounting rules referred to in Article 51 of this Regulation and shall comprise the following: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the balance sheet which presents all assets and liabilities and the financial situation prevailing on 31 December of the preceding financial year;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the statement of financial performance that presents the economic result for the preceding financial year;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the cash-flow statement showing amounts collected and disbursed during the financial year and the final treasury position;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the statement of changes in net assets presenting an overview of the movements during the year in reserves and accumulated results.</p></td></tr></tbody></table> 2. The financial statements shall present information, including information on accounting policies, in a manner that ensures it is relevant, reliable, comparable and understandable. 3. The notes to the financial statements shall supplement and comment on the information presented in the statements referred to in paragraph 1 of this Article and shall supply all the additional information prescribed by the accounting rules referred to in Article 51 of this Regulation and the internationally accepted accounting practice where such information is relevant to the Union body's activities. The notes shall contain at least the following information: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>accounting principles, rules and methods;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>explanatory notes, supplying additional information not contained in the body of the financial statements, which is necessary for a fair presentation of the accounts.</p></td></tr></tbody></table> 4. The accounting officer shall, after the close of the financial year and up to the date of transmission of the general accounts, make any adjustments that, without involving disbursement or collection in respect of that year, are necessary for a true and fair view of those accounts. Article 99 Budget implementation reports 1. The budget implementation reports shall be presented in euro and shall be comparable year by year. They shall consist of: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>reports which aggregate all budgetary operations for the year in terms of revenue and expenditure;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>explanatory notes, which shall supplement and comment on the information given in the reports.</p></td></tr></tbody></table> 2. The structure of the budget implementation reports shall be the same as that of the budget of the Union body itself. 3. The budget implementation reports shall contain: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>information on revenue, in particular changes in the revenue estimates, the revenue outturn and entitlements established;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>information showing changes in the total commitment and payment appropriations available;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>information showing the use made of the total commitment and payment appropriations;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>information showing commitments outstanding, those carried over from the preceding financial year and those made during the financial year.</p></td></tr></tbody></table> 4. The budget result shall consist of the difference between: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>all the revenue collected in respect of that financial year;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the amount of payments made against appropriations for that financial year increased by the amount of the appropriations for the same financial year carried over.</p></td></tr></tbody></table> The difference referred to in the first subparagraph shall be increased or decreased on the one hand, by the net amount of appropriations carried over from previous financial years that have been cancelled and, on the other hand, by: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>payments made in excess of non-differentiated appropriations carried over from the previous financial year, as a result of change in euro rates;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the balance resulting from exchange gains and losses during the financial year, both realised and non-realised.</p></td></tr></tbody></table> Article 100 Supporting documents Each entry into the accounts shall be based on appropriate supporting documents in accordance with Article 47 of this Regulation. SECTION 2 Annual accounts timetable Article 101 Provisional accounts 1. The accounting officer of the Union body shall send the provisional accounts to the accounting officer of the Commission and to the Court of Auditors by 1 March of the following year. 2. The accounting officer of the Union body shall also provide by 1 March of the following year the required accounting information for consolidation purposes to the accounting officer of the Commission, in the manner and format laid down by the latter. Article 102 Approval of the final accounts 1. In accordance with Article 246 of Regulation (EU, Euratom) 2018/1046, the Court of Auditors shall, by 1 June, make its observations on the provisional accounts of the Union body. 2. The accounting officer of the Union body shall provide, by 15 June, the required accounting information to the accounting officer of the Commission, in the manner and format laid down by the Commission, with a view to drawing up the final consolidated accounts. 3. On receiving the Court of Auditors' observations on the provisional accounts of the Union body, the accounting officer shall draw up the final accounts of the Union body in accordance with Article 49 of this Regulation. The director shall send them to the management board, which shall give an opinion on these accounts. 4. The director shall send the final accounts, together with the opinion of the management board, to the accounting officer of the Commission, the Court of Auditors, the European Parliament and the Council, by 1 July of the following financial year. 5. The accounting officer of the Union body shall also send to the Court of Auditors, with a copy to the accounting officer of the Commission, a representation letter covering those final accounts. The representation letter shall be established at the same date at which the final accounts of the Union body are drawn up. The final accounts shall be accompanied by a note drawn up by the accounting officer, in which the latter declares that the final accounts were prepared in accordance with this Title and with the applicable accounting principles, rules and methods. A link to the pages of the website where the final accounts of the Union body are disclosed shall be published in the Official Journal of the European Union by 15 November of the following year. 6. The director shall send the Court of Auditors a reply to the observations made in its annual report by 30 September of the following financial year at the latest. The replies of the director shall be sent to the Commission at the same time. CHAPTER 2 BUDGETARY AND OTHER FINANCIAL REPORTING Article 103 Annual report on budgetary and financial management 1. Each Union body shall prepare a report on budgetary and financial management for the financial year. 2. The director shall send the report to the European Parliament, the Council, the Commission and the Court of Auditors, by 31 March of the following financial year. 3. The report referred to in paragraph 2 shall give an account, both in absolute terms and expressed as a percentage, at least, of the rate of implementation of appropriations together with summary information on the transfers of appropriations among the various budget items. TITLE X EXTERNAL AUDIT, DISCHARGE AND COMBATTING FRAUD Article 104 External audit 1. An independent external auditor shall verify that the annual accounts of the Union body properly present the income, expenditure and financial position of the Union body prior to the consolidation in the final accounts of the Commission. Unless otherwise provided for in the constituent act, the Court of Auditors shall prepare a specific annual report on the Union body in line with the requirements of Article 287(1) of the Treaty on the Functioning of the European Union. In preparing that report, the Court of Auditors shall consider the audit work performed by the independent external auditor referred to in the first subparagraph and the action taken in response to the auditor's findings. 2. The Union body shall send to the Court of Auditors the budget of the Union body, as finally adopted. It shall inform the Court of Auditors, as soon as possible, of all decisions and acts adopted pursuant to Articles 10, 14, 19 and 23. 3. The scrutiny carried out by the Court of Auditors shall be governed by Articles 254 to 259 of Regulation (EU, Euratom) 2018/1046. Article 105 Timetable of the discharge procedure 1. The European Parliament, upon a recommendation from the Council, shall, before 15 May of year N + 2 save where otherwise provided in the constituent act, give a discharge to the director in respect of the implementation of the budget for year N. The director shall inform the management board of the observations of the European Parliament contained in the resolution accompanying the discharge decision. 2. If the date provided for in paragraph 1 cannot be met, the European Parliament or the Council shall inform the director of the reasons for the postponement. 3. If the European Parliament postpones the decision giving a discharge, the director, in cooperation with the management board, shall make every effort to take measures as soon as possible to remove or facilitate removal of the obstacles to that decision. Article 106 The discharge procedure 1. The discharge decision shall cover the accounts of all the revenue and expenditure of the Union body, the budget result and the assets and liabilities of the Union body shown in the financial statement. 2. With a view to granting the discharge, the European Parliament shall, after the Council has done so, examine the accounts and financial statements of the Union body. It shall also examine the annual report made by the Court of Auditors, together with the replies of the director of the Union body, any relevant special reports by the Court of Auditors in respect of the financial year concerned and the Court of Auditors' statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions. 3. The director shall submit to the European Parliament, at its request, in the same manner as provided for in Article 261(3) of Regulation (EU, Euratom) 2018/1046 any information required for the smooth application of the discharge procedure for the financial year concerned. Article 107 Follow-up measures 1. The director shall take all appropriate steps to act on the observations accompanying the European Parliament's discharge decision and on the comments accompanying the recommendation for discharge adopted by the Council. 2. At the request of the European Parliament or the Council, the director shall report on the measures taken in the light of those observations and comments. The director shall send a copy thereof to the Commission and the Court of Auditors. Article 108 On-the-spot checks by the Commission, the Court of Auditors and OLAF 1. The EU body shall grant Commission staff and other persons authorised by it, as well as the Court of Auditors, access to its sites and premises and to all the data and information, including data and information in electronic format, needed in order to conduct their audits. 2. The European Anti-Fraud Office may carry out investigations including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council and Council Regulation (Euratom, EC) No 2185/96 ( 10 ) with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. TITLE XI ADMINISTRATIVE APPROPRIATIONS Article 109 Administrative appropriations 1. Administrative appropriations shall be non-differentiated appropriations. 2. Administrative expenditure arising from contracts covering periods that extend beyond the financial year, either in accordance with local practice or relating to the supply of equipment, shall be charged to the budget of the Union body of the financial year in which it is effected. 3. Expenditure which is to be paid in advance pursuant to legal or contractual provisions may give rise to payments from 1 December onwards to be charged to the appropriations for the following financial year. In this case, the limit referred to in Article 11(2) shall not apply. Article 110 Specific provisions regarding building projects Articles 266 and 267 of Regulation (EU, Euratom) 2018/1046 shall apply. TITLE XII TRANSITIONAL AND FINAL PROVISIONS Article 111 Information requests by the European Parliament, the Council and the Commission The European Parliament, the Council and the Commission shall be entitled to obtain any necessary information or explanations from the Union body regarding budgetary matters within their fields of competence. Article 112 Adoption of the new financial regulation of the Union body Each body referred to in Article 70 of Regulation (EC) No 2018/1046 shall adopt new financial rules at the latest by 1 July 2019 or, in any event, within six months of the date on which a body falls within the scope of Article 70 of that Regulation, following the granting of a contribution charged to the budget. Until the date of application of the new financial rules, the Union's body current financial rules shall apply. The Union body shall publish its financial rules on its website. Article 113 Repeal Delegated Regulation (EU) No 1271/2013 is repealed with effect from 1 January 2019. However, Articles 32 and 47 of that Regulation shall continue to apply until 31 December 2019. Article 114 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 2019. However, Articles 32 and 48 shall apply from 1 January 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 2018. For the Commission The President Jean-Claude JUNCKER <note> ( 1 ) OJ L 193, 30.7.2018, p. 1 . ( 2 ) Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council ( OJ L 328, 7.12.2013, p. 42 ). ( 3 ) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euraom) No 1605/2002 ( OJ L 298, 26.10.2012, p. 1 ). ( 4 ) Regulation (EU, Euratom) 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 ). ( 5 ) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (‘the EPPO’) ( OJ L 283, 31.10.2017, p. 1 ). ( 6 ) 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 ). ( 7 ) Council Regulation (EEC, Euratom) No 1182/71 of 3 June 1971 determining the rules applicable to periods, dates and time limits ( OJ L 124, 8.6.1971, p. 1 ). ( 8 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC Text with EEA relevance ( OJ L 295, 21.11.2018, p. 39 ). ( 9 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance) ( OJ L 119, 4.5.2016, p. 1 ). ( 10 ) 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 ). </note>
ENG
32019R0715
<table><col/><col/><col/><col/><tbody><tr><td><p>5.10.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 258/365</p></td></tr></tbody></table> DECISION (EU) 2022/1788 OF THE EUROPEAN PARLIAMENT of 4 May 2022 on discharge in respect of the implementation of the budget of the European Agency for Safety and Health at Work (EU-OSHA) for the financial year 2020 THE EUROPEAN PARLIAMENT, <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the final annual accounts of the European Agency for Safety and Health at Work (EU-OSHA) for the financial year 2020,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Court of Auditors&#8217; annual report on EU agencies for the financial year 2020, together with the agencies&#8217; replies&#160;<a>(<span>1</span>)</a>,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the statement of assurance&#160;<a>(<span>2</span>)</a> as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2020, pursuant to Article&#160;287 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the Council&#8217;s recommendation of 28&#160;February 2022 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2020 (06003/2022 &#8211; C9-0096/2022),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Article&#160;319 of the Treaty on the Functioning of the European Union,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18&#160;July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No&#160;1296/2013, (EU) No&#160;1301/2013, (EU) No&#160;1303/2013, (EU) No&#160;1304/2013, (EU) No&#160;1309/2013, (EU) No&#160;1316/2013, (EU) No&#160;223/2014, (EU) No&#160;283/2014, and Decision No&#160;541/2014/EU and repealing Regulation (EU, Euratom) No&#160;966/2012&#160;<a>(<span>3</span>)</a>, and in particular Article&#160;70 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Regulation (EU) 2019/126 of the European Parliament and of the Council of 16&#160;January 2019 establishing the European Agency for Safety and Health at Work (EU-OSHA), and repealing Council Regulation (EC) No&#160;2062/94&#160;<a>(<span>4</span>)</a>, and in particular Article&#160;16 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Commission Delegated Regulation (EU) 2019/715 of 18&#160;December 2018 on the framework financial regulation for the bodies set up under the TFEU and Euratom Treaty and referred to in Article&#160;70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council&#160;<a>(<span>5</span>)</a>, and in particular Article&#160;105 thereof,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to Rule 100 of and Annex V to its Rules of Procedure,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the opinion of the Committee on Employment and Social Affairs,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>having regard to the report of the Committee on Budgetary Control (A9-0106/2022),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>Grants the Interim Executive Director of the European Agency for Safety and Health at Work (EU-OSHA) discharge in respect of the implementation of the Agency&#8217;s budget for the financial year 2020;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>Sets out its observations in the resolution below;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Interim Executive Director of the European Agency for Safety and Health at Work (EU-OSHA), the Council, the Commission and the Court of Auditors, and to arrange for their publication in the<span>Official Journal of the European Union</span> (L series).</p></td></tr></tbody></table> The President Roberta METSOLA The Secretary-General Klaus WELLE <note> ( 1 ) OJ C 439, 29.10.2021, p. 3 . ECA annual report on EU agencies for the financial year 2020: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=59697 ( 2 ) OJ C 439, 29.10.2021, p. 3 . ECA annual report on EU agencies for the financial year 2020: https://www.eca.europa.eu/en/Pages/DocItem.aspx?did=59697 ( 3 ) OJ L 193, 30.7.2018, p. 1 . ( 4 ) OJ L 30, 31.1.2019, p. 58 . ( 5 ) OJ L 122, 10.5.2019, p. 1 . </note>
ENG
32022B1788
2013R1372 — EN — 01.01.2014 — 000.001 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p>COMMISSION REGULATION (EU) No 1372/2013</p><p>of 19 December 2013</p><p>amending Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004</p><p><a>(Text with relevance for the EEA and Switzerland)</a></p><p>(OJ L 346 20.12.2013, p. 27)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>COMMISSION REGULATION (EU) No 1368/2014&#160;of 17 December 2014</a></p></td><td><p>&#160;&#160;L&#160;366</p></td><td><p>15</p></td><td><p>20.12.2014</p></td></tr></table> COMMISSION REGULATION (EU) No 1372/2013 of 19 December 2013 amending Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems and Regulation (EC) No 987/2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems ( 1 ), Having regard to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems ( 2 ), and in particular Article 92 thereof, Whereas: <table><col/><col/><tr><td><p>(1)</p></td><td><p>Requests were made by the Member States to the Administrative Commission for the Coordination of Social Security Systems to amend Annexes VIII and XI to Regulation (EC) No 883/2004 and Annexes 1 and 5 to Regulation (EC) No 987/2009 in order to bring those annexes in line with developments in their national legislation or to simplify the application of those Regulations.</p></td></tr></table> <table><col/><col/><tr><td><p>(2)</p></td><td><p>The Annexes to Regulation (EC) No 883/2004 aim at giving an overview of Member States that do not apply the pro rata calculation for old-age and survivors&#8217; pensions and of special provisions regarding the application of the legislation of the Member States.</p></td></tr></table> <table><col/><col/><tr><td><p>(3)</p></td><td><p>The Annexes to Regulation (EC) No 987/2009 aim at giving an overview of the implementing provisions for bilateral agreements that remain or enter into force and of the Member States which determine the maximum amount of reimbursement of unemployment benefits on the basis of the average amount of unemployment benefits provided under their legislation in the preceding calendar year.</p></td></tr></table> <table><col/><col/><tr><td><p>(4)</p></td><td><p>The Administrative Commission for the Coordination of Social Security Systems has agreed to the requested amendments and has made relevant proposals to the Commission for the technical adaptations of the Annexes to Regulation (EC) No 987/2009 and Regulation (EC) No 883/2004.</p></td></tr></table> <table><col/><col/><tr><td><p>(5)</p></td><td><p>The Commission can agree to include the proposals for the technical adaptations of the Annexes mentioned in recital 4.</p></td></tr></table> <table><col/><col/><tr><td><p>(6)</p></td><td><p>Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 should therefore be amended accordingly,</p></td></tr></table> HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 883/2004 is amended as follows: (1) in Annex VIII, Part 2 is amended as follows: (a) in the section ‘AUSTRIA’, point (a) is replaced by the following: ‘(a) Old-age pensions and survivor’s pensions derived thereof based on a pension account pursuant to the General Pensions Act (APG) of 18 November 2004;’; (b) the following new section is added after the section ‘BULGARIA’: ‘CZECH REPUBLIC Pensions paid from the Second Pillar scheme established by Act No 426/2011 Coll., on pension savings.’; ————— Article 2 Regulation (EC) No 987/2009 is amended as follows: (1) Annex 1 is amended as follows: (a) section ‘DENMARK — FRANCE’ is deleted; (b) section ‘DENMARK — NETHERLANDS’ is deleted; (c) section ‘GREECE — NETHERLANDS’ is deleted; (d) section ‘SPAIN — NETHERLANDS’ is deleted; (e) in section ‘FRANCE — LUXEMBOURG’: (i) points (a) and (b) are deleted; (ii) points (c) and (d) are replaced by the following: ‘(a) The Agreement of 2 July 1976 on the waiving of reimbursement of the costs of administrative checks and medical examinations provided for in Article 105(2) of Council Regulation (EEC) No 574/72 of 21 March 1972 (b) The Exchange of Letters of 17 July and 20 September 1995 concerning the terms for settling reciprocal claims under Articles 93, 95 and 96 of Regulation (EEC) No 574/72’; (f) in section ‘FRANCE — NETHERLANDS’: (i) points (b) and (c) are deleted; (ii) point (a) is replaced by the following: ‘The Agreement of 28 April 1997 on the waiving of reimbursement of the costs of administrative checks and medical examinations pursuant to Article 105 of Regulation (EEC) No 574/72’; (g) section ‘ITALY — NETHERLANDS’ is deleted; (h) in section ‘NETHERLANDS — UNITED KINGDOM’: (i) point (b) is deleted; (ii) point (a) is replaced by the following: ‘The second sentence of Article 3 of the Administrative Arrangement of 12 June 1956 on the implementation of the Convention of 11 August 1954’; (2) in Annex 5, a new section ‘NETHERLANDS’ is added after section ‘GERMANY’. Article 3 This Regulation shall enter into force on 1 January 2014. This Regulation shall be binding in its entirety and directly applicable in all Member States. <note> ( 1 ) OJ L 166, 30.4.2004, p. 1. ( 2 ) OJ L 284, 30.10.2009, p. 1. </note>
ENG
02013R1372-20140101
<table><col/><col/><col/><col/><tbody><tr><td><p>28.4.2023&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 113/12</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2023/868 of 27 April 2023 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for Canada, Chile, the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) ( 1 ) , and in particular Articles 230(1) and 232(1) and (3) thereof. Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Regulation (EU)&#160;2016/429 provides that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article&#160;230(1) of that Regulation in order to enter the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Commission Delegated Regulation (EU)&#160;2020/692&#160;<a>(<span>2</span>)</a> lays down the animal health requirements that consignments of certain species and categories of animals, germinal products and products of animal origin, from third countries or territories, or zones thereof, or compartments thereof in the case of aquaculture animals, must comply with in order to enter the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Commission Implementing Regulation (EU)&#160;2021/404&#160;<a>(<span>3</span>)</a> establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU)&#160;2020/692 is permitted.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>More particularly, Annexes V and XIV to Implementing Regulation (EU)&#160;2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, and of fresh meat of poultry and game birds.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Canada has notified the Commission of five outbreaks of highly pathogenic avian influenza (HPAI) in poultry in the provinces of Ontario (1) and Quebec (4), which were confirmed between 3&#160;April 2023 and 13&#160;April 2023 by laboratory analysis (RT-PCR).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Furthermore, Chile has notified the Commission of six outbreaks of HPAI in poultry in the regions of Biob&#237;o (2), Maule (2) and Valpara&#237;so (2), which were confirmed between 19&#160;March 2023 and 14&#160;April 2023 by laboratory analysis (RT-PCR).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>In addition, the United States has notified the Commission of four outbreaks of HPAI in poultry in the states of New York (3), North Dakota (1) and South Dakota (1), which were confirmed between 12&#160;April 2023 and 19&#160;April 2023 by laboratory analysis (RT-PCR).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Following those recent outbreaks of HPAI, the veterinary authorities of Canada, Chile and the United States established restricted zones of at least 10 km around the affected establishments and implemented a stamping-out policy in order to control the presence of HPAI and limit the spread of that disease.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>Canada, Chile and the United States have submitted information to the Commission on the epidemiological situation on their territories and the measures they have taken to prevent the further spread of HPAI. That information has been evaluated by the Commission. On the basis of that evaluation and in order to protect the animal health status of the Union, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat of poultry and game birds from the areas under restrictions established by the veterinary authorities of Canada, Chile and the United States due to the recent outbreaks of HPAI should no longer be authorised.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>Furthermore, Canada has submitted updated information on the epidemiological situation on its territory in relation to 10 outbreaks of HPAI in poultry establishments in the provinces of Alberta (4), New Brunswick (1), Quebec (3) and Saskatchewan (2), which were confirmed between 24&#160;April 2022 and 9&#160;September 2022.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>In addition, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to 61 outbreaks of HPAI in poultry establishments in the counties of Aberdeenshire (1), Cumbria (1), Derbyshire (3), Durham (1), Lancashire (8), Lincolnshire (1), Norfolk (16), North Yorkshire (2), Northamptonshire (4), Oxfordshire (1), Suffolk (11) and West Sussex (1) in England, United Kingdom, and in the council areas of Aberdeenshire (6), Angus (1), Fife (2), Highland (1) and Stirling (1) in Scotland, United Kingdom, which were confirmed between 17&#160;September 2022 and 15&#160;February 2023.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>Moreover, the United States has submitted updated information on the epidemiological situation on its territory in relation to 38 outbreaks of HPAI a in poultry establishments in the states of Alaska (1), California (4), Colorado (2), Florida (3), Idaho (1), Iowa (3), Kansas (2), Michigan (2), Mississipi (1), Montana (1), Nebraska (2), New Hampshire (1), North Dakota (3), Ohio (1), Pennsylvania (6), South Dakota (3), Tennessee (1) and Virginia (1), which were confirmed between 13&#160;September 2022 and 28&#160;February 2023.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>Furthermore, Canada, the United Kingdom and the United States have also submitted information on the measures they have taken to prevent the further spread of HPAI. In particular, following those outbreaks of that disease, Canada, the United Kingdom and the United States have implemented a stamping out policy in order to control and limit the spread of that disease, and they have also completed the requisite cleaning and disinfection following the implementation of the stamping out policy on the infected poultry establishments on their territories.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>The Commission has evaluated the information submitted by Canada, the United Kingdom and the United States and concluded that the outbreaks of HPAI in poultry establishments have been cleared and that there is no longer a risk associated with the entry into the Union of poultry commodities from the zones of Canada, the United Kingdom and the United States from which the entry into the Union of poultry commodities was suspended following those outbreaks.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>Annexes V and XIV to Implementing Regulation (EU)&#160;2021/404 should be therefore amended to take account of the current epidemiological situation as regards HPAI in Canada, Chile, the United Kingdom and the United States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Taking into account the current epidemiological situation in Canada, Chile, the United Kingdom and the United States as regards HPAI and the serious risk of its introduction into the Union, the amendments to be made to Annexes V and XIV to Implementing Regulation (EU)&#160;2021/404 by this Regulation should take effect as a matter of urgency.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 27 April 2023. For the Commission The President Ursula VON DER LEYEN ( 1 ) OJ L 84, 31.3.2016, p. 1 . ( 2 ) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin ( OJ L 174, 3.6.2020, p. 379 ). ( 3 ) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council ( OJ L 114, 31.3.2021, p. 1 ). ANNEX Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Annex V is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>in Part 1, Section B is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>in the entry for Canada, the rows for the zones CA-2.39 and CA-2.40 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>CA</span></p><p>Canada</p></td><td><p>CA-2.39</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.4.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.40</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>25.4.2022</p></td><td><p>19.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>in the entry for Canada, the rows for the zones CA-2.74 to CA-2.83 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>CA</span></p><p>Canada</p></td><td><p>CA-2.74</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.75</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>21.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.76</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>28.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.77</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.78</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.79</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>31.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.80</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.9.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.81</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.9.2022</p></td><td><p>19.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>in the entry for Canada, the following rows for the zones CA-2.179 to CA-2.183 are added after the row for the zone CA-2.178:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>CA</span></p><p>Canada</p></td><td><p>CA-2.179</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CA-2.180</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CA-2.181</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>5.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CA-2.182</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CA-2.183</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023&#8217;;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iv)</p></td><td><p>in the entry for Chile, the following rows for the zones CL-2.2 to CL-2.7 are added after the row for the zone CL-2.1:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>CL</span></p><p>Chile</p></td><td><p>CL-2.2</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.3</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.4</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>30.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.5</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>10.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.6</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.7</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>14.4.2023&#8217;;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(v)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.145 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.145</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>17.9.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(vi)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.147 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.147</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.9.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(vii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.150 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.150</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>22.9.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(viii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.152 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.152</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.9.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ix)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.154 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.154</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.9.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(x)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.158 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.158</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.10.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xi)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.163 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.163</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.10.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.165 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.165</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>6.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xiii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.172 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.172</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>11.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xiv)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.179 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.179</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xv)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.184 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.184</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xvi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.193, GB-2.194 and GB-2.195 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.193</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GB-2.194</p></td><td><p>17.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GB-2.195</p></td><td><p>18.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xvii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.197 and GB-2.198 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.197</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GB-2.198</p></td><td><p>18.10.2022</p></td><td><p>4.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xviii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.203 and GB-2.204 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.203</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.10.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GB-2.204</p></td><td><p>20.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xix)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.208 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.208</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>21.10.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xx)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.213 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.213</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.10.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.216 and GB-2.217 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.216</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GB-2.217</p></td><td><p>24.10.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.219 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.219</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>26.10.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxiii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.224 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.224</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>27.10.2022</p></td><td><p>13.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxiv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.226 and GB-2.227 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.226</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>29.10.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.227</p></td><td><p>29.10.2022</p></td><td><p>13.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.229 and GB-2.230 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.229</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>30.10.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GB-2.230</p></td><td><p>29.10.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxvi)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.233 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.233</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>13.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxvii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.238 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.238</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>2.11.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxviii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.240 and GB-2.241 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.240</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.241</p></td><td><p>4.11.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxix)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.243 and GB-2.244 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.243</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>5.11.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GB-2.244</p></td><td><p>5.11.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxx)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.247 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.247</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.11.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxi)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.249 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.249</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.11.2022</p></td><td><p>4.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.252 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.252</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>11.11.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxiii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.254 to GB-2.258 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.254</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.255</p></td><td><p>14.11.2022</p></td><td><p>4.4.2023</p></td></tr><tr><td><p>GB-2.256</p></td><td><p>14.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.257</p></td><td><p>15.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.258</p></td><td><p>16.11.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxiv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.260, GB-2.261 and GB-2.262 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.260</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.11.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GB-2.261</p></td><td><p>18.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.262</p></td><td><p>20.11.2022</p></td><td><p>4.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.265, GB-2.266 and GB-2.267 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.265</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.266</p></td><td><p>21.11.2022</p></td><td><p>1.4.2023</p></td></tr><tr><td><p>GB-2.267</p></td><td><p>22.11.2022</p></td><td><p>4.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxvi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.270 to GB-2.275 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.270</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>27.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.271</p></td><td><p>28.11.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GB-2.272</p></td><td><p>29.11.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GB-2.273</p></td><td><p>7.12.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.274</p></td><td><p>8.12.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GB-2.275</p></td><td><p>11.12.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxvii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.282 and GB-2.283 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.282</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>22.12.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GB-2.283</p></td><td><p>29.12.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxviii)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.286 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.286</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.1.2023</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxix)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.288 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.288</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.1.2023</p></td><td><p>5.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xl)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.291 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.291</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.1.2023</p></td><td><p>5.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xli)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.293 and GB-2.294 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.293</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>2.2.2023</p></td><td><p>30.3.2023</p></td></tr><tr><td><p>GB-2.294</p></td><td><p>15.2.2023</p></td><td><p>5.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlii)</p></td><td><p>in the entry for the United States, the row for the zone US-2.257 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.257</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.9.2022</p></td><td><p>19.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xliii)</p></td><td><p>in the entry for the United States, the row for the zone US-2.272 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.272</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>21.9.2022</p></td><td><p>25.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xliv)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.277 and US-2.278 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.277</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>22.9.2022</p></td><td><p>23.3.2023</p></td></tr><tr><td><p>US-2.278</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.9.2022</p></td><td><p>21.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlv)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.289 and US-2.290 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.289</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>US-2.290</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.10.2022</p></td><td><p>1.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlvi)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.293 and US-2.294 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.293</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.10.2022</p></td><td><p>6.4.2023</p></td></tr><tr><td><p>US-2.294</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>5.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlvii)</p></td><td><p>in the entry for the United States, the row for the zone US-2.304 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.304</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>11.10.2022</p></td><td><p>6.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlviii)</p></td><td><p>in the entry for the United States, the row for the zone US-2.306 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.306</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.10.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlix)</p></td><td><p>in the entry for the United States, the row for the zone US-2.309 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.309</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.10.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(l)</p></td><td><p>in the entry for the United States, the row for the zone US-2.312 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.312</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>14.10.2022</p></td><td><p>16.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(li)</p></td><td><p>in the entry for the United States, the row for the zone US-2.315 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.315</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>6.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lii)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.320 and US-2.321 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.320</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.10.2022</p></td><td><p>19.3.2023</p></td></tr><tr><td><p>US-2.321</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>25.10.2022</p></td><td><p>24.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(liii)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.329 to US-2.332 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.329</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>28.3.2023</p></td></tr><tr><td><p>US-2.330</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>6.4.2023</p></td></tr><tr><td><p>US-2.331</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>5.4.2023</p></td></tr><tr><td><p>US-2.332</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>5.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(liv)</p></td><td><p>in the entry for the United States, the row for the zone US-2.334 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.334</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>20.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lv)</p></td><td><p>in the entry for the United States, the row for the zone US-2.336 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.336</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2022</p></td><td><p>20.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lvi)</p></td><td><p>in the entry for the United States, the row for the zone US-2.338 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.338</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.11.2022</p></td><td><p>13.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lvii)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.340 and US-2.341 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.340</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>8.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>US-2.341</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>8.11.2022</p></td><td><p>20.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lviii)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.343, US-2.344 and US-2.345 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.343</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>10.10.2022</p></td><td><p>10.4.2023</p></td></tr><tr><td><p>US-2.344</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>10.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>US-2.345</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>10.11.2022</p></td><td><p>20.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lix)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.372 and US-2.373 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.372</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.12.2022</p></td><td><p>13.3.2023;</p></td></tr><tr><td><p>US-2.373</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.12.2023</p></td><td><p>9.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lx)</p></td><td><p>in the entry for the United States, the row for the zone US-2.378 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.378</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.12.2022</p></td><td><p>17.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxi)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.391 and US-2.392 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.391</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.12.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>US-2.392</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.12.2022</p></td><td><p>2.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxii)</p></td><td><p>in the entry for the United States, the row for the zone US-2.396 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.396</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>28.12.2022</p></td><td><p>29.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxiii)</p></td><td><p>in the entry for the United States, the row for the zone US-2.398 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.398</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.1.2023</p></td><td><p>19.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxiv)</p></td><td><p>in the entry for the United States, the row for the zone US-2.409 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.409</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>6.2.2023</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxv)</p></td><td><p>in the entry for the United States, the row for the zone US-2.414 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.414</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>17.2.2023</p></td><td><p>25.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxvi)</p></td><td><p>in the entry for the United States, the row for the zone US-2.419 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.419</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.2.2023</p></td><td><p>27.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxvii)</p></td><td><p>in the entry for the United States, the row for the zone US-2.424 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.424</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>28.2.2023</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxviii)</p></td><td><p>in the entry for the United States, the following rows for the zones US-2.451 to US-2.455 are added after the row for the zone US-2.450:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.451</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.452</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>17.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.453</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.454</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.455</p></td><td><p>BPP, BPR, DOC, DOR, SP, SR, POU-LT20, HEP, HER, HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.4.2023&#8217;;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Part 2 is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>in the entry for Canada, the following description of the zones CA-2.179 to CA-2.183 is added after the description of the zone CA-2.178:</p><table><col/><col/><col/><tbody><tr><td><p>&#8216;Canada</p></td><td><p>CA-2.179</p></td><td><p>Quebec- Latitude 45.39, Longitude -72.88</p><p>The municipalities involved are:</p><p>3km PZ: Ange-Gardien and Saint-C&#233;saire.</p><p>10km SZ: Ange-Gardien, Brigham, Farnham, Granby, Saint-Alphonse-de-Granby, Saint-C&#233;saire, Sainte-Brigide-d&#8217;Iberville, and Saint-Paul-d&#8217;Abbotsford..</p></td></tr><tr><td><p>CA-2.180</p></td><td><p>Quebec- Latitude 45.35, Longitude -72.88</p><p>The municipalities involved are:</p><p>3km PZ: Ange-Gardien</p><p>10km SZ: Ange-Gardien, Brigham, Bromont, Farnham, Granby, Saint-Alphonse, Saint-Alphonse-de-Granby, Saint-C&#233;saire, Saint-Paul-d&#8217;Abbotsford.</p></td></tr><tr><td><p>CA-2.181</p></td><td><p>Ontario- Latitude 42.97, Longitude -81.4</p><p>The municipalities involved are:</p><p>3km PZ: Komoka</p><p>10km SZ: Arva, Delaware, Ilderton, Komoka, London, and Mount Brydges</p></td></tr><tr><td><p>CA-2.182</p></td><td><p>Quebec- Latitude 45.75, Longitude -72.75</p><p>3km PZ: Sainte-H&#233;l&#232;ne-de-Bagot and Saint-Eugene-de-Grantham</p><p>10km SZ: Sainte-H&#233;l&#232;ne-de-Bagot, Saint-Eugene-de-Grantham, Saint-Guillaume, Saint-Hugues, Saint-Liboire, Sait-Nazaire-d&#8217;Acton, Saint-Simon-De-Bagot, and Upton</p></td></tr><tr><td><p>CA-2.183</p></td><td><p>Quebec- Latitude 45.38, Longitude -71.96</p><p>The municipalities involved are:</p><p>3km PZ: Sherbrooke</p><p>10km SZ: Hatley, Saint-Denis-de-Brompton, and Sherbrooke&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>in the entry for Chile, the following description of the zones CL-2.2 to CL-2.7 is added after the description of the zone CL-2.1:</p><table><col/><col/><col/><tbody><tr><td><p>&#8216;Chile</p></td><td><p>CL-2.2</p></td><td><p>Maule Region, Province of Linares, Commune of Linares.</p><p>latitude -35,8517, longitude -71,5796</p><p>PZ: Communities: Linares, La Torre, Ballica Norte, Las Flores, San Antonio, Ballica Sur, Salida Cuellar, El Almendro, Las Camelias</p><p>SZ: Communities: San Juan, El pol&#237;gono, Llancanao, Ancoa, Miraflores, La Obra, Guadant&#250;n, Coironal, Bodega, Maitenes, Los Batros, Los Puquios, Buen Amigo, San V&#237;ctor Alamo</p></td></tr><tr><td><p>CL-2.3</p></td><td><p>Biob&#237;o Region, Province of Concepci&#243;n, Commune of Florida</p><p>latitude -36.7919, longitude -72.7386</p><p>PZ: Communities: Chequ&#233;n</p><p>SZ: Communities: Porvenir, San Lorenzo, San Juan, Bodega, Peninhueque, Roa, Granerillos</p></td></tr><tr><td><p>CL-2.4</p></td><td><p>Valpara&#237;so Region, Province of Quillota, Commune of Nogales</p><p>Latitude -32,75 Longitude -71,245</p><p>PZ: Communities of Pucal&#225;n, Nueva Pucal&#225;n, El Olivo.</p><p>SZ: Communities of Los Maquis, Rosario, El Nav&#237;o, Mel&#243;n, Ex asentamiento El Mel&#243;n, Chamisal, Garret&#243;n, La Pe&#241;a</p></td></tr><tr><td><p>CL-2.5</p></td><td><p>Maule Region, Province of Talca</p><p>latitude -35,5094, longitude -71,5568</p><p>PZ: Commune San Clemente, Commune of Talca. Communities: Flor del Llano, Aurora, El Provenir, Mata Verde, El Fuerte, El Bolsico</p><p>SZ: Communes: San Clemente, Talca and Maule. Communities: San Clemente, Talca, Santa Elena, Ramadillas, Huilquilemu, Mercedes, Chacarilla, Pirque, Qui&#241;ipeumo, Duao, Chequ&#233;n, San Manuel, Bella Uni&#243;n, Quebrada de Agua</p></td></tr><tr><td><p>CL-2.6</p></td><td><p>Biob&#237;o Region, Province of Concepci&#243;n</p><p>latitude -36.7900, longitude -72.7346</p><p>PZ: Commune of Florida, Communities: Chequ&#233;n</p><p>SZ: Commune of Florida, and part of commune of Tom&#233; (a zone of 26 km2, separated by a highway). Communities: Porvenir, San Lorenzo, San Juan, Bodega, Peninhueque, Roa, Granerillos</p></td></tr><tr><td><p>CL-2.7</p></td><td><p>Valpara&#237;so Region, Province of Quillota, Commune of Nogales</p><p>Latitude -32,7151 Longitude -71,1879</p><p>PZ: Communities: Ex asentamiento El Mel&#243;n, Mel&#243;n, Garret&#243;n</p><p>SZ: Communities: Los Maquis, Rosario, El Nav&#237;o, Chamisal, La Pe&#241;a, Pucal&#225;n, Nueva Pucal&#225;n, El Olivo&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>in the entry for the United States, the following description of the zones US-2.451 to US-2.455 are added after the description of the zone US-2.450:</p><table><col/><col/><col/><tbody><tr><td><p>&#8216;United States</p></td><td><p>US-2.451</p></td><td><p>State of New York</p><p>Putnam 01</p><p>Putnam County: A circular zone of a&#160;10 km radius starting with North point (GPS coordinates: 73.5656707&#176;W 41.4959227&#176;N)</p></td></tr><tr><td><p>US-2.452</p></td><td><p>State of New York</p><p>Putnam 02</p><p>Putnam County: A circular zone of a&#160;10 km radius starting with North point (GPS coordinates: 73.5610665&#176;W 41.5618806&#176;N)</p></td></tr><tr><td><p>US-2.453</p></td><td><p>State of New York</p><p>Kings 02</p><p>Kings County: A circular zone of a&#160;10 km radius starting with North point (GPS coordinates: 73.9883416&#176;W 40.7246249&#176;N)</p></td></tr><tr><td><p>US-2.454</p></td><td><p>State of South Dakota</p><p>Beadle 09</p><p>Beadle County: A circular zone of a&#160;10 km radius starting with North point (GPS coordinates: 97.9009159&#176;W 44.4150837&#176;N)</p></td></tr><tr><td><p>US-2.455</p></td><td><p>State of North Dakota</p><p>Dickey 03</p><p>Dickey County: A circular zone of a&#160;10 km radius starting with North point (GPS coordinates: 98.4439654&#176;W 46.1626533&#176;N)&#8217;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>in Annex XIV, in Part 1, Section B is amended as follows</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>in the entry for Canada, the rows for the zones CA-2.39 and CA-2.40 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>CA</span></p><p>Canada</p></td><td><p>CA-2.39</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.4.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>24.4.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.40</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>25.4.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>25.4.2022</p></td><td><p>19.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>in the entry for Canada, the rows for the zones CA-2.74 to CA-2.81 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>CA</span></p><p>Canada</p></td><td><p>CA-2.74</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>9.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.75</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>21.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>21.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.76</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>28.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>28.7.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.77</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>1.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.78</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>23.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.79</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>31.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>31.8.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.80</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.9.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>4.9.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>CA-2.81</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.9.2022</p></td><td><p>19.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>9.9.2022</p></td><td><p>19.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>in the entry for Canada, the following rows for the zones CA-2.179 to CA-2.183 are added after the rows for the zone CA-2.178:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>CA</span></p><p>Canada</p></td><td><p>CA-2.179</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>3.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CA-2.180</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>4.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CA-2.181</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>5.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>5.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CA-2.182</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>13.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CA-2.183</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023&#8217;;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iv)</p></td><td><p>in the entry for Chile, the following rows for the zones CL-2.2 to CA-2.7 are added after the rows for the zone CL-2.1:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>CL</span></p><p>Chile</p></td><td><p>CL-2.2</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>19.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.3</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>24.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.4</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>30.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>30.3.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.5</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>10.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>10.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.6</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>CL-2.7</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>14.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>14.4.2023&#8217;;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(v)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.145 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.145</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>17.9.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>17.9.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(vi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.147 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.147</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.9.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>19.9.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(vii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.150 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.150</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>22.9.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>22.9.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(viii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.152 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.152</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.9.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>23.9.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ix)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.154 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.154</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.9.2022</p></td><td><p>31.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>24.9.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(x)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.158 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.158</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.10.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>1.10.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.163 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.163</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.10.2022</p></td><td><p>31.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>4.10.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.165 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.165</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>6.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>6.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xiii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.172 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.172</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>11.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>11.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xiv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.179 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.179</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>12.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.184 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.184</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>13.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xvi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.193, GB-2.194 and GB-2.195 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.193</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>16.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GB-2.194</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>17.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>17.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GB-2.195</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xvii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.197 and GB-2.198 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.197</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GB-2.198</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>4.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>4.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xviii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.203 and GB-2.204 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.203</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.10.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>19.10.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GB-2.204</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>20.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xix)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.208 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.208</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>21.10.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>21.10.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xx)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.213 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.213</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>23.10.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.216 and GB-2.217 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.216</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>23.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GB-2.217</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.10.2022</p></td><td><p>31.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>24.10.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.219 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.219</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>26.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>26.10.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxiii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.224 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.224</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>27.10.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>27.10.2022</p></td><td><p>13.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxiv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.226 and GB-2.227 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.226</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>29.10.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>29.10.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.227</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>29.10.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>29.10.2022</p></td><td><p>13.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.229 and GB-2.230 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.229</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>30.10.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>30.10.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GB-2.230</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>29.10.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>29.10.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxvi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.233 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.233</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>13.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxvii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.238 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.238</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>2.11.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>2.11.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxviii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.240 and GB-2.241 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.240</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.241</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2022</p></td><td><p>31.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>4.11.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxix)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.243 and GB-2.244 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.243</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>5.11.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>5.11.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GB-2.244</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>5.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>5.11.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxx)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.247 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.247</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>7.11.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.249 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.249</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.11.2022</p></td><td><p>4.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>9.11.2022</p></td><td><p>4.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.252 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.252</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>11.11.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>11.11.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxiii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.254 to GB-2.258 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.254</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>13.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.255</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>14.11.2022</p></td><td><p>4.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>14.11.2022</p></td><td><p>4.4.2023</p></td></tr><tr><td><p>GB-2.256</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>14.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>14.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.257</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>15.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.258</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>16.11.2022</p></td><td><p>8.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxiv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.260, GB-2.261 and GB-2.262 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.260</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.11.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>18.11.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GB-2.261</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>18.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.262</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.11.2022</p></td><td><p>4.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>20.11.2022</p></td><td><p>4.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxv)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.265, GB-2.266 and GB-2.267 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.265</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>20.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.266</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>21.11.2022</p></td><td><p>1.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>21.11.2022</p></td><td><p>1.4.2023</p></td></tr><tr><td><p>GB-2.267</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>22.11.2022</p></td><td><p>4.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>22.11.2022</p></td><td><p>4.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxvi)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.270 to GB-2.275 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.270</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>27.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>27.11.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.271</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>28.11.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>28.11.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GB-2.272</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>29.11.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>29.11.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GB-2.273</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.12.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>7.12.2022</p></td><td><p>8.4.2023</p></td></tr><tr><td><p>GB-2.274</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>8.12.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>8.12.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GB-2.275</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>11.12.2022</p></td><td><p>11.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>11.12.2022</p></td><td><p>11.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxvii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.282 and GB-2.283 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.282</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>22.12.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>22.12.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GB-2.283</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>29.12.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>29.12.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxviii)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.286 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.286</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.1.2023</p></td><td><p>31.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>9.1.2023</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xxxix)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.288 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.288</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.1.2023</p></td><td><p>5.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>12.1.2023</p></td><td><p>5.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xl)</p></td><td><p>in the entry for the United Kingdom, the rows for the zone GB-2.291 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.291</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>24.1.2023</p></td><td><p>5.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>24.1.2023</p></td><td><p>5.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xli)</p></td><td><p>in the entry for the United Kingdom, the rows for the zones GB-2.293 and GB-2.294 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.293</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>2.2.2023</p></td><td><p>30.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>2.2.2023</p></td><td><p>30.3.2023</p></td></tr><tr><td><p>GB-2.294</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2023</p></td><td><p>5.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>15.2.2023</p></td><td><p>5.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlii)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.257 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.257</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.9.2022</p></td><td><p>19.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>13.9.2022</p></td><td><p>19.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xliii)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.272 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.272</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>21.9.2022</p></td><td><p>25.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>21.9.2022</p></td><td><p>25.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xliv)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.277 and US-2.278 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.277</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>22.9.2022</p></td><td><p>23.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>22.9.2022</p></td><td><p>23.3.2023</p></td></tr><tr><td><p>US-2.278</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.9.2022</p></td><td><p>21.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>23.9.2022</p></td><td><p>21.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlv)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.289 and US-2.290 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.289</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>3.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>US-2.290</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.10.2022</p></td><td><p>1.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>3.10.2022</p></td><td><p>1.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlvi)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.293 and US-2.294 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.293</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.10.2022</p></td><td><p>6.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>4.10.2022</p></td><td><p>6.4.2023</p></td></tr><tr><td><p>US-2.294</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>5.10.2022</p></td><td><p>3.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>5.10.2022</p></td><td><p>3.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlvii)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.304 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.304</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>11.10.2022</p></td><td><p>6.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>11.10.2022</p></td><td><p>6.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlviii)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.306 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.306</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.10.2022</p></td><td><p>31.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>7.10.2022</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(xlix)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.309 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.309</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>13.10.2022</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>13.10.2022</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(l)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.312 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.312</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>14.10.2022</p></td><td><p>16.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>14.10.2022</p></td><td><p>16.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(li)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.315 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.315</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>6.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>18.10.2022</p></td><td><p>6.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lii)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.320 and US-2.321 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.320</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.10.2022</p></td><td><p>19.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>20.10.2022</p></td><td><p>19.3.2023</p></td></tr><tr><td><p>US-2.321</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>25.10.2022</p></td><td><p>24.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>25.10.2022</p></td><td><p>24.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(liii)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.329 to US-2.332 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.329</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>28.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>28.3.2023</p></td></tr><tr><td><p>US-2.330</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>6.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>1.11.2022</p></td><td><p>6.4.2023</p></td></tr><tr><td><p>US-2.331</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>5.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>5.4.2023</p></td></tr><tr><td><p>&#160;</p></td><td><p>US-2.332</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>5.4.2023</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>5.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(liv)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.334 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.334</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>3.11.2022</p></td><td><p>20.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lv)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.336 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.336</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>4.11.2022</p></td><td><p>20.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lvi)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.338 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.338</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.11.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>7.11.2022</p></td><td><p>13.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lvii)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.340 and US-2.341 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.340</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>8.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>8.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>US-2.341</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>8.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>8.11.2022</p></td><td><p>20.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lviii)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.343, US-2.344 and US-2.345 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.343</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>10.10.2022</p></td><td><p>10.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>10.10.2022</p></td><td><p>10.4.2023</p></td></tr><tr><td><p>US-2.344</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>10.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>10.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>US-2.345</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>10.11.2022</p></td><td><p>20.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>10.11.2022</p></td><td><p>20.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lix)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.372 and US-2.373 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.372</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.12.2022</p></td><td><p>13.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>7.12.2022</p></td><td><p>13.3.2023</p></td></tr><tr><td><p>US-2.373</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>7.12.2022</p></td><td><p>9.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>7.12.2022</p></td><td><p>9.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lx)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.378 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.378</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.12.2022</p></td><td><p>17.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>12.12.2022</p></td><td><p>17.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxi)</p></td><td><p>in the entry for the United States, the rows for the zones US-2.391 and US-2.392 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.391</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.12.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>20.12.2022</p></td><td><p>13.4.2023</p></td></tr><tr><td><p>US-2.392</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>20.12.2022</p></td><td><p>2.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>20.12.2022</p></td><td><p>2.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxii)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.396 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.396</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>28.12.2022</p></td><td><p>29.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>28.12.2022</p></td><td><p>29.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxiii)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.398 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.398</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.1.2023</p></td><td><p>19.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>4.1.2023</p></td><td><p>19.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxiv)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.409 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.409</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>6.2.2023</p></td><td><p>12.4.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>6.2.2023</p></td><td><p>12.4.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxv)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.414 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.414</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>17.2.2023</p></td><td><p>25.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>17.2.2023</p></td><td><p>25.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxvi)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.419 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.419</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>23.2.2023</p></td><td><p>27.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>23.2.2023</p></td><td><p>27.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxvii)</p></td><td><p>in the entry for the United States, the rows for the zone US-2.424 are replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.424</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>28.2.2023</p></td><td><p>31.3.2023</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>28.2.2023</p></td><td><p>31.3.2023&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(lxviii)</p></td><td><p>in the entry for the United States, the following rows for the zones US-2.451 to US-2.455 are added after the rows for the zone US-2.450:</p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.451</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>12.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.452</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>17.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>17.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.453</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>18.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>18.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.454</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>19.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.455</p></td><td><p>POU, RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>19.4.2023</p></td><td><p>&#160;</p></td></tr><tr><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>19.4.2023&#8217;;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table>
ENG
32023R0868
<table><col/><col/><col/><col/><tbody><tr><td><p>25.2.2022&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 46/84</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2022/305 of 24 February 2022 amending Annexes V and XIV to Implementing Regulation (EU) 2021/404 as regards the entries for the United Kingdom and the United States in the lists of third countries authorised for the entry into the Union of consignments of poultry, germinal products of poultry and fresh meat of poultry and game birds (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) ( 1 ) , and in particular Articles 230(1) and 232(1) thereof. Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Regulation (EU) 2016/429 requires that consignments of animals, germinal products and products of animal origin must come from a third country or territory, or zone or compartment thereof, listed in accordance with Article&#160;230(1) of that Regulation in order to enter the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Commission Delegated Regulation (EU) 2020/692&#160;<a>(<span>2</span>)</a> lays down the animal health requirements with which consignments of certain species and categories of animals, germinal products and products of animal origin from third countries or territories, or zones thereof, or compartments thereof, in the case of aquaculture animals, must comply with in order to enter the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Commission Implementing Regulation (EU) 2021/404&#160;<a>(<span>3</span>)</a> establishes the lists of third countries, or territories, or zones or compartments thereof, from which the entry into the Union of the species and categories of animals, germinal products and products of animal origin falling within the scope of Delegated Regulation (EU) 2020/692 is permitted.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>More particularly, Annexes V and XIV to Implementing Regulation (EU) 2021/404 set out the lists of third countries, or territories, or zones thereof authorised for the entry into the Union, respectively, of consignments of poultry, germinal products of poultry, and of fresh meat from poultry and game birds.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The United Kingdom notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located near Holy Island, Berwick Upon Tweed, Northumberland, England, and was confirmed on 9&#160;February 2022 by laboratory analysis (RT-PCR).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Moreover, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in Fulton county, state of Kentucky, United States, and was confirmed on 12&#160;February 2022 by laboratory analysis (RT-PCR).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>Furthermore, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in Webster county, state of Kentucky, United States, and was confirmed on 15&#160;February 2022 by laboratory analysis (RT-PCR).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Additionally, the United States notified the Commission of an outbreak of highly pathogenic avian influenza in poultry. The outbreak is located in a second establishment in the already affected Dubois county, state of Indiana, United States and was confirmed on 16&#160;February 2022 by laboratory analysis (RT-PCR).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The veterinary authorities of the United Kingdom and the United States established a&#160;10 km control zone around the affected establishments and implemented a stamping-out policy in order to control the presence of highly pathogenic avian influenza and limit the spread of that disease.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The United Kingdom and the United States have submitted information to the Commission on the epidemiological situation on their territory and the measures they have taken to prevent the further spread of highly pathogenic avian influenza. That information has been evaluated by the Commission. On the basis of that evaluation, the entry into the Union of consigments of poultry, germinal products of poultry, and fresh meat from poultry and game birds from the areas under restrictions established by the veterinary authorities of the United Kingdom and the United States due to the recent outbreaks of highly pathogenic avian influenza should no longer be authorised.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>The animal health situation in several areas of the United Kingdom and of the United States as regards highly pathogenic avian influenza is such that their suspension from the lists set out in Annexes V and XIV to Implementing Regulation (EU) 2021/404 is necessary in order to protect the animal health status of the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>Moreover, the United Kingdom has submitted updated information on the epidemiological situation on its territory in relation to the outbreak of HPAI confirmed in a poultry establishment on 4&#160;November 2021 near Arbroath, Angus, Scotland and the measures it has taken to prevent the further spread of that disease. In particular, following this outbreak of HPAI, the United Kingdom has implemented a stamping out policy in order to control and limit the spread of that disease. In addition, the United Kingdom completed the requisite cleaning and disinfection measures following the implementation of the stamping out policy on the infected poultry establishment on its territory.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The Commission has evaluated the information submitted by the United Kingdom and concluded that the HPAI outbreak in a poultry establishment near Arbroath, Angus, Scotland has been cleared and that there is no longer any risk associated with the entry into the Union of poultry commodities from the area of the United Kingdom from where entry into the Union of poultry commodities has been suspended due to that outbreak.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Annexes V and XIV to Implementing Regulation (EU) 2021/404 should be therefore amended accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>Taking into account the current epidemiological situation in the United Kingdom and in the United States as regards highly pathogenic avian influenza and the serious risk of its introduction into the Union, the amendments to be made to Implementing Regulation (EU) 2021/404 by this Regulation should take effect as a matter of urgency.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended in accordance with the Annex to this Regulation. Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 24 February 2022. For the Commission The President Ursula VON DER LEYEN ( 1 ) OJ L 84, 31.3.2016, p. 1 . ( 2 ) Commission Delegated Regulation (EU) 2020/692 of 30 January 2020 supplementing Regulation (EU) 2016/429 of the European Parliament and of the Council as regards rules for entry into the Union, and the movement and handling after entry of consignments of certain animals, germinal products and products of animal origin ( OJ L 174, 3.6.2020, p. 379 ). ( 3 ) Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists of third countries, territories or zones thereof from which the entry into the Union of animals, germinal products and products of animal origin is permitted in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council ( OJ L 114, 31.3.2021, p. 1 ). ANNEX Annexes V and XIV to Implementing Regulation (EU) 2021/404 are amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Annex V is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Part 1 is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.18 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.18</p></td><td><p>Breeding poultry other than ratites and productive poultry other than ratites</p></td><td><p>BPP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Breeding ratites and productive ratites</p></td><td><p>BPR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Poultry intended for slaughter other than ratites</p></td><td><p>SP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Ratites intended for slaughter</p></td><td><p>SR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Day-old chicks other than ratites</p></td><td><p>DOC</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Day-old chicks of ratites</p></td><td><p>DOR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Less than 20 heads of poultry other than ratites</p></td><td><p>POU-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Hatching eggs of poultry other than ratites</p></td><td><p>HEP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Hatching eggs of ratites</p></td><td><p>HER</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Less than 20 hatching eggs of poultry other than ratites</p></td><td><p>HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022&#8217;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>in the entry for the United Kingdom, the following row for the zone GB-2.97 is added after the row for zone GB-2.96:</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.97</p></td><td><p>Breeding poultry other than ratites and productive poultry other than ratites</p></td><td><p>BPP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Breeding ratites and productive ratites</p></td><td><p>BPR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Poultry intended for slaughter other than ratites</p></td><td><p>SP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Ratites intended for slaughter</p></td><td><p>SR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Day-old chicks other than ratites</p></td><td><p>DOC</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Day-old chicks of ratites</p></td><td><p>DOR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Less than 20 heads of poultry other than ratites</p></td><td><p>POU-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Hatching eggs of poultry other than ratites</p></td><td><p>HEP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Hatching eggs of ratites</p></td><td><p>HER</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Less than 20 hatching eggs of poultry other than ratites</p></td><td><p>HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022&#8217;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>in the entry for the United States, the following rows for zones US-2.5, U.S-2.6 and US-2.7 are inserted after the row for zone US-2.4:</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US.2.5</p></td><td><p>Breeding poultry other than ratites and productive poultry other than ratites</p></td><td><p>BPP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Breeding ratites and productive ratites</p></td><td><p>BPR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Poultry intended for slaughter other than ratites</p></td><td><p>SP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Ratites intended for slaughter</p></td><td><p>SR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Day-old chicks other than ratites</p></td><td><p>DOC</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Day-old chicks of ratites</p></td><td><p>DOR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Less than 20 heads of poultry other than ratites</p></td><td><p>POU-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Hatching eggs of poultry other than ratites</p></td><td><p>HEP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Hatching eggs of ratites</p></td><td><p>HER</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Less than 20 hatching eggs of poultry other than ratites</p></td><td><p>HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>US.2.6</p></td><td><p>Breeding poultry other than ratites and productive poultry other than ratites</p></td><td><p>BPP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Breeding ratites and productive ratites</p></td><td><p>BPR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Poultry intended for slaughter other than ratites</p></td><td><p>SP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Ratites intended for slaughter</p></td><td><p>SR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Day-old chicks other than ratites</p></td><td><p>DOC</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Day-old chicks of ratites</p></td><td><p>DOR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Less than 20 heads of poultry other than ratites</p></td><td><p>POU-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Hatching eggs of poultry other than ratites</p></td><td><p>HEP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Hatching eggs of ratites</p></td><td><p>HER</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Less than 20 hatching eggs of poultry other than ratites</p></td><td><p>HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>US.2.7</p></td><td><p>Breeding poultry other than ratites and productive poultry other than ratites</p></td><td><p>BPP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Breeding ratites and productive ratites</p></td><td><p>BPR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Poultry intended for slaughter other than ratites</p></td><td><p>SP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Ratites intended for slaughter</p></td><td><p>SR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Day-old chicks other than ratites</p></td><td><p>DOC</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Day-old chicks of ratites</p></td><td><p>DOR</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Less than 20 heads of poultry other than ratites</p></td><td><p>POU-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Hatching eggs of poultry other than ratites</p></td><td><p>HEP</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Hatching eggs of ratites</p></td><td><p>HER</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Less than 20 hatching eggs of poultry other than ratites</p></td><td><p>HE-LT20</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022&#8217;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Part 2 is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>in the entry for the United Kingdom, the following description of the zone GB-2.97 is added after the row GB-2.96:</p><table><col/><col/><col/><tbody><tr><td><p>&#8216;United Kingdom</p></td><td><p>GB-2.97</p></td><td><p>Near Holy Island, Berwick Upon Tweed, Northumberland, England:</p><p>The area contained within a circle of a radius of 10 km, centred on WGS84 dec, coordinates N55.67 and W1.80&#8217;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>in the entry for the United States, the following descriptions of the zones US-2.5, US-2.6 and US-2.7 are added after the description of the zone US-2.4:</p><table><col/><col/><col/><tbody><tr><td><p>&#8216;United States</p></td><td><p>US-2.5</p></td><td><p>State of Kentucky, with zone partially extending into State of Tennessee:</p><p>Fulton County (Fulton01): a zone of a&#160;10 km radius starting with North point on the circular Fulton 01 premise Control Zone border and extending in a clockwise fashion:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>North: 1.0&#160;km north-northwest from intersection of US Highway 51S and Sawmill Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Northeast: 0.9&#160;km south-southeast from the intersection of State Route 307S and State Route 924.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>East: 0.4&#160;km east intersection of State Route 2150 and State Route 129.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Southeast: 0.7&#160;km southeast from intersection of Billy Owens Road and Chapel Hill Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>South: 2.3&#160;km east-southeast from intersection of Hollie Hutchinson Road and Knox Daniel Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>Southwest: 0.4&#160;km northwest from intersection of Hubert Harris Road and Barham Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>West: 1.1&#160;km southeast from intersection of State Route 1127 and State Route 166 W.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>Northwest: 2.6&#160;km north-northeast of intersection of State Route 239 N and State Route 94 W.</p></td></tr></tbody></table></td></tr><tr><td><p>US-2.6</p></td><td><p>State of Kentucky:</p><p>Webster County (Webster01): a zone of a&#160;10 km radius starting with North point on the circular Webster01 premise Control Zone border and extending in a clockwise fashion:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>North: 2.1&#160;km north-northwest from intersection of Edward T Breathitt Pennyrile Parkway and State Road 56W.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Northeast: 1.8&#160;km north from the intersection of Roland Landing and Gravel Pit Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>East: 1.1&#160;km west from intersection of Weldon Road and Onton Road</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Southeast: 3.6&#160;km southeast from intersection of Edward T Breathitt Pennyrile Parkway and Jewel City Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>South: 0.4&#160;km east from intersection of Jones Road and Stagecoach Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>Southwest: 1.1&#160;km northwest from intersection of Gooch Jones Road and State Route 120 E.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>West: 0.7&#160;km south-southeast from intersection of State Route 283 and State Route 132 E.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>Northwest: 1.8&#160;km southwest of intersection of State Route 56 E and Cottingham Pratt Road.</p></td></tr></tbody></table></td></tr><tr><td><p>US-2.7</p></td><td><p>State of Indiana:</p><p>Dubois County (Dubois02): a zone of a&#160;10 km radius starting with North point on the circular Dubois 02 premise Control Zone border and extending in a clockwise fashion:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>North: 1.2&#160;km north-northeast from intersection of E. Schnellville Road and S Rustic Lane.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Northeast: 2.1&#160;km north-northwest from the intersection of S 600E and E 400S highways.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>East: 1.0&#160;km northwest intersection of S Schnell Road and S Kyana Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Southeast: 0.7&#160;km north from intersection of Highway 64 and E Ferdinand Road E.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>South: 0.4&#160;km northeast from intersection of County Road 875 E and E County Road 2100N.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>Southwest: 0.9&#160;km northeast from intersection of S US Highway 231 and W 1100 S.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>West: 0.8&#160;km northeast from intersection of S 500W and W 630S.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>Northwest: 1.0&#160;km north of intersection of S US Highway 231 and S Witz Road.&#8217;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Annex XIV is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Part 1 is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>in the entry for the United Kingdom, the row for the zone GB-2.18 is replaced by the following:</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.18</p></td><td><p>Fresh meat of poultry other than ratites</p></td><td><p>POU</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Fresh meat of ratites</p></td><td><p>RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022</p></td></tr><tr><td><p>Fresh meat of game birds</p></td><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>4.11.2021</p></td><td><p>8.2.2022&#8217;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>in the entry for the United Kingdom, the following row for the zone GB-2.97 is added after the row for the zone GB-2.96:</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>GB</span></p><p>United Kingdom</p></td><td><p>GB-2.97</p></td><td><p>Fresh meat of poultry other than ratites</p></td><td><p>POU</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Fresh meat of ratites</p></td><td><p>RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Fresh meat of game birds</p></td><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>9.2.2022&#8217;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(iii)</p></td><td><p>in the entry for the United States, the following rows for the zones US-2.5, U.S-2.6 and US-2.7 are added after the row for the zone US-2.4:</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#8216;<span>US</span></p><p>United States</p></td><td><p>US-2.5</p></td><td><p>Fresh meat of poultry other than ratites</p></td><td><p>POU</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Fresh meat of ratites</p></td><td><p>RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Fresh meat of game birds</p></td><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>12.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.6</p></td><td><p>Fresh meat of poultry other than ratites</p></td><td><p>POU</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Fresh meat of ratites</p></td><td><p>RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Fresh meat of game birds</p></td><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>15.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>US-2.7</p></td><td><p>Fresh meat of poultry other than ratites</p></td><td><p>POU</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Fresh meat of ratites</p></td><td><p>RAT</p></td><td><p>N, P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022</p></td><td><p>&#160;</p></td></tr><tr><td><p>Fresh meat of game birds</p></td><td><p>GBM</p></td><td><p>P1</p></td><td><p>&#160;</p></td><td><p>16.2.2022&#8217;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>in Part 2, in the entry for the United States, the following description of the zones US-2.5, U.S-2.6 and US-2.7 are added after the description of the zone US-2.4:</p><table><col/><col/><col/><tbody><tr><td><p>&#8216;United States</p></td><td><p>US-2.5</p></td><td><p>State of Kentucky, with zone partially extending into State of Tennessee:</p><p>Fulton County (Fulton01): a zone of a&#160;10 km radius starting with North point on the circular Fulton 01 premise Control Zone border and extending in a clockwise fashion:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>North: 1.0&#160;km north-northwest from intersection of US Highway 51S and Sawmill Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Northeast: 0.9&#160;km south-southeast from the intersection of State Route 307S and State Route 924.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>East: 0.4&#160;km east intersection of State Route 2150 and State Route 129.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Southeast: 0.7&#160;km southeast from intersection of Billy Owens Road and Chapel Hill Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>South: 2.3&#160;km east-southeast from intersection of Hollie Hutchinson Road and Knox Daniel Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>Southwest: 0.4&#160;km northwest from intersection of Hubert Harris Road and Barham Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>West: 1.1&#160;km southeast from intersection of State Route 1127 and State Route 166 W.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>Northwest: 2.6&#160;km north-northeast of intersection of State Route 239 N and State Route 94 W.</p></td></tr></tbody></table></td></tr><tr><td><p>US-2.6</p></td><td><p>State of Kentucky:</p><p>Webster County (Webster01): a zone of a&#160;10 km radius starting with North point on the circular Webster01 premise Control Zone border and extending in a clockwise fashion:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>North: 2.1&#160;km north-northwest from intersection of Edward T Breathitt Pennyrile Parkway and State Road 56W.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Northeast: 1.8&#160;km north from the intersection of Roland Landing and Gravel Pit Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>East: 1.1&#160;km west from intersection of Weldon Road and Onton Road</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Southeast: 3.6&#160;km southeast from intersection of Edward T Breathitt Pennyrile Parkway and Jewel City Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>South: 0.4&#160;km east from intersection of Jones Road and Stagecoach Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>Southwest: 1.1&#160;km northwest from intersection of Gooch Jones Road and State Route 120 E.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>West: 0.7&#160;km south-southeast from intersection of State Route 283 and State Route 132 E.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>Northwest: 1.8&#160;km southwest of intersection of State Route 56 E and Cottingham Pratt Road.</p></td></tr></tbody></table></td></tr><tr><td><p>US-2.7</p></td><td><p>State of Indiana:</p><p>Dubois County (Dubois02): a zone of a&#160;10 km radius starting with North point on the circular Dubois 02 premise Control Zone border and extending in a clockwise fashion:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>North: 1.2&#160;km north-northeast from intersection of E. Schnellville Road and S Rustic Lane.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Northeast: 2.1&#160;km north-northwest from the intersection of S 600E and E 400S highways.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>East: 1.0&#160;km northwest intersection of S Schnell Road and S Kyana Road.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>Southeast: 0.7&#160;km north from intersection of Highway 64 and E Ferdinand Road E.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>South: 0.4&#160;km northeast from intersection of County Road 875 E and E County Road 2100N.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>Southwest: 0.9&#160;km northeast from intersection of S US Highway 231 and W 1100 S.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>West: 0.8&#160;km northeast from intersection of S 500W and W 630S.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>Northwest: 1.0&#160;km north of intersection of S US Highway 231 and S Witz Road.&#8217;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table>
ENG
32022R0305
<table><col/><col/><col/><col/><tbody><tr><td><p>23.3.2017&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 78/1</p></td></tr></tbody></table> COMMISSION REGULATION (EU) 2017/542 of 22 March 2017 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures by adding an Annex on harmonised information relating to emergency health response (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 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 ( 1 ) , and in particular Article 45(4) and 53(1) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In order to carry out their responsibilities, bodies appointed in accordance with Article 45(1) of Regulation (EC) No 1272/2008 need information about mixtures placed on the market and classified as hazardous on the basis of their health and physical effects. That information is submitted to appointed bodies at national level by importers and downstream users and it commonly includes product identification, hazard identification, composition information and toxicological information. Poison centres rely on information provided by those appointed bodies, and sometimes constitute such bodies themselves.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Commission carried out the review provided for by Article 45(4) of Regulation (EC) No 1272/2008, and its findings, which were based on thorough expert consultation, were published in January 2012. The review concluded that there is considerable variation in the current notification systems, data formats and country-specific requirements regarding the requested information in the Member States. This implies that importers and downstream users placing mixtures on the market in different Member States, need to provide multiple submissions and in different formats, regarding information that is often similar. The review also showed that this diversity leads to inconsistencies in the information available to medical personnel and the general public in cases of poisoning incidents in different Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The findings of the review were supported by a Commission costs and benefits study completed in March&#160;2015&#160;<a>(<span>2</span>)</a>, which confirmed that, in addition to improved health response, the harmonisation of information to be provided to appointed bodies would lead overall to significant cost savings.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The relevant stakeholders, such as the European Association of Poison Centres and Clinical Toxicologists (EAPCCT) have been consulted, in particular in the framework of the costs and benefits study and through a number of workshops.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>It is therefore appropriate to harmonise the information to be received by appointed bodies from importers and downstream users, as well as to establish a format for the submission of the information.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>It is necessary to specify which information needs to be submitted to an appointed body. This includes information regarding the identification of the mixture and of the submitter, the hazard identification and the mixture components. Due to the fact that mixtures' formulations can be subject to frequent slight modifications with little or no impact on the emergency health response to be provided, requiring information about the components of the mixture in exact percentages would be disproportionate. Therefore, as an alternative, concentration ranges may be submitted for mixture components. The width of those ranges should be determined on the basis of the health and physical effects of the mixture components and the relevance of the information for emergency health response.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>In view of the fact that mixtures classified as hazardous may also contain non-classified components that can nonetheless have adverse effects after unintended use (e.g. following ingestion), appointed bodies should have at their disposal information on the latter components where needed to formulate preventive or curative action.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The format for the submission of the information should be harmonised in order to allow importers and downstream users operating in different Member States to use the same submission or submission format in different Member States. The submissions should be made electronically in a harmonised XML format maintained by the European Chemicals Agency and made available free of charge.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>In order to facilitate the transmission of information on the intended use of a mixture and to support the statistical analysis of related poisoning cases, a European product categorisation system should be developed by the European Chemicals Agency and used in the submission of information.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>According to a Commission costs and benefits study, poison centres and other appointed bodies have reported experiencing problems with the correct identification of the mixture concerned in up to 40 % of the calls they receive. This could lead to unnecessary overtreatment of patients and hospitalisation for precautionary reasons. Therefore, as part of the harmonisation of the information, it is necessary to require identification of a mixture by a unique alphanumeric code (unique formula identifier) to be affixed to the label.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>Most calls to poison centres and other appointed bodies concern accidental exposure to hazardous mixtures used by consumers and to a lesser extent by professionals. Only a small number of calls concern mixtures for industrial use, which are used in industrial installations. In addition, on industrial sites there usually is a greater knowledge of the mixtures used and medical treatment is generally available. Therefore, importers and downstream users of mixtures for industrial use should be allowed to fulfil limited information requirements.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>In order to spread the necessary work of adapting the format for data submission, and to prioritise information provision where it is most needed, it is considered reasonable and proportionate to lay down a stepwise applicability of the new information requirements set by this Regulation according to the use of the mixture.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>In order to ensure a smooth transition and avoid disproportionate costs, the submissions provided to appointed bodies before the date of application of this Regulation should remain valid for a certain time after this Regulation starts to apply. However, if significant changes in the formulation, product identifier or toxicology of the mixture occur in the meantime, a submission update pursuant to this Regulation should be required.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 54(1) of Regulation (EC) No 1272/2008,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1272/2008 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In Article 25, the following paragraph 7 is added:</p><div><p>&#8216;7.&#160;&#160;&#160;Where under Annex VIII the submitter creates a unique formula identifier, it shall be included on the label in accordance with the provisions of Section 5 of Part A of that Annex&#8217;;</p></div></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Annex VIII is added as set out in the Annex to this Regulation.</p></td></tr></tbody></table> 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 . It shall apply from 1 January 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 22 March 2017. For the Commission The President Jean-Claude JUNCKER ( 1 ) OJ L 353, 31.12.2008, p. 1 . ( 2 ) Study to support the harmonisation of the information to be submitted to poison centres, according to Article 45 of Regulation (EC) No 1272/2008 (CLP Regulation), 3.3.2015. ANNEX ‘ANNEX VIII Harmonised information relating to emergency health response and preventative measures PART A GENERAL REQUIREMENTS 1. Application 1.1. Importers and downstream users placing on the market mixtures for consumer use, within the meaning of Section 2.4 of Part A of this Annex, shall comply with this Annex from 1 January 2020. 1.2. Importers and downstream users placing on the market mixtures for professional use, within the meaning of Section 2.4 of Part A of this Annex, shall comply with this Annex from 1 January 2021. 1.3. Importers and downstream users placing on the market mixtures for industrial use within the meaning of Section 2.4 of Part A of this Annex, shall comply with this Annex from 1 January 2024. 1.4. Importers and downstream users having submitted information relating to hazardous mixtures to a body appointed in accordance with Article 45(1) before the dates of applicability mentioned in Sections 1.1, 1.2 and 1.3 and which are not in accordance with this Annex, shall for those mixtures not be required to comply with this Annex until 1 January 2025. 1.5. By way of derogation from Section 1.4, if one of the changes described in Section 4.1 of Part B of this Annex occurs before 1 January 2025, importers and downstream users shall comply with this Annex before placing that mixture, as changed, on the market. 2. Purpose, definitions and scope 2.1. This Annex sets out the requirements that importers and downstream users placing mixtures on the market, hereinafter “submitters”, shall fulfil in respect of the submission of information so that appointed bodies shall have at their disposal the information to carry out the tasks for which they are responsible under Article 45. 2.2. This Annex shall not apply to mixtures for scientific research and development and to mixtures for product and process oriented research and development as defined in Article 3(22) of Regulation (EC) No 1907/2006. This Annex shall not apply to mixtures classified only for one or more of the following hazards: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>gases under pressure;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>explosives (unstable explosives and Divisions 1.1 to 1.6)</p></td></tr></tbody></table> 2.3. In the case of mixtures placed on the market for industrial use only, submitters may opt for a limited submission, as an alternative to general submission requirements, in accordance with Section 5.3 of this Part and Section 3.1.1 of Part B, provided that a rapid access to additional detailed product information is available in accordance with Section 1.3 of Part B. 2.4. For the purposes of this Annex the following definitions shall apply: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>&#8220;Mixture for consumer use&#8221; means a mixture intended to be used by consumers;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>&#8220;Mixture for professional use&#8221; means a mixture intended to be used by professional users but not at industrial sites;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>&#8220;Mixture for industrial use&#8221; means a mixture intended to be used at industrial sites only.</p></td></tr></tbody></table> Where mixtures have more than one use, the requirements for all relevant categories of use shall be met. 3. Submission requirements 3.1. Before placing mixtures on the market, submitters shall provide information relating to mixtures classified as hazardous on the basis of their health or physical effects to the bodies appointed under Article 45(1) (hereinafter “appointed bodies”), in the Member State or Member States where the mixture is placed on the market. The submission shall contain the information laid down in Part B. It shall be submitted by electronic means in an XML format provided by the Agency and made available free of charge. 3.2. Where following receipt of a submission under Section 3.1 an appointed body makes a reasoned request to the submitter that additional information or clarification is necessary for that appointed body to carry out the tasks for which it is responsible under Article 45, the submitter shall provide the necessary information or clarification requested without undue delay. 3.3. The submission shall be in the official language(s) of the Member State(s) where the mixture is placed on the market, unless the Member State(s) concerned provide(s) otherwise. 3.4. The intended use of the mixture shall be described in accordance with a harmonised product categorisation system provided by the Agency. 3.5. A submission update shall be made without undue delay when the conditions laid down in Section 4.1 of Part B are met. 4. Group submission 4.1. A single submission, hereinafter “group submission”, may be provided for more than one mixture where all the mixtures in a group have the same classification for health and physical hazards and belong to the same product category referred to in Section 3.4. 4.2. A group submission shall only be permitted when all mixtures in the group contain the same components (as identified in Section 3.2 of Part B), and for each of the components, the reported concentration range is the same for all mixtures (as provided in Section 3.4 of Part B). 4.3. By derogation from Section 4.2, a group submission shall also be allowed where the difference in the composition between different mixtures in the group only concerns perfumes or fragrances, provided that the total concentration of perfumes and fragrances contained in each mixture does not exceed 5 %. 4.4. In the case of a group submission, the information required in Part B shall be provided for each of the mixtures contained in the group where applicable. 5. Unique formula identifier (UFI) 5.1. The submitter shall create a unique formula identifier, hereinafter UFI, by electronic means made available by the Agency. The UFI is a unique alphanumeric code that unambiguously links the submitted information on the composition of a mixture or a group of mixtures to a specific mixture or group of mixtures. The assignment of a UFI is free of charge. A new UFI shall be created when a change in the composition of the mixture or group of mixtures fulfils one or more of the conditions foreseen in points (a), (b) and (c) of the fourth indent of Section 4.1 of Part B. By derogation from the second subparagraph, a new UFI shall not be required for mixtures in a group submission containing perfumes or fragrances provided that the change in the composition only concerns those perfumes or fragrances or the addition of new perfumes or fragrances. 5.2. The submitter shall print or affix the UFI on the label of a hazardous mixture. The UFI shall be preceded by the acronym “UFI” in capital letters and it shall be clearly visible, legible and indelibly marked. 5.3. By derogation from Section 5.2, the UFI may in the case of hazardous mixtures for industrial use and for mixtures which are not packaged alternatively be indicated in the Safety Data Sheet. 6. Formats and technical support for submission of information 6.1. The Agency shall specify, maintain and update the UFI generator, the XML formats for submissions and a harmonised product categorisation system and make them available free of charge on its website. 6.2. The Agency shall provide technical and scientific guidance, technical support and tools facilitating the submission of information. PART B INFORMATION CONTAINED IN A SUBMISSION 1. Identification of the mixture and of the submitter 1.1. Product identifier of the mixture The product identifier shall be provided in accordance with Article 18(3)(a). The complete trade name or names of the mixture shall be provided, including, where relevant, brand name, name of the product and variant names as they appear on the label, without abbreviations and enabling its specific identification. In addition, the UFI(s) shall be included in the submission. 1.2. Details of the submitter The name, full address, telephone number and email address of the submitter shall be provided. This information shall be consistent with the data provided on the label in accordance with Article 17(1)(a). 1.3. Telephone number and email address for rapid access to additional product information In the case of a limited submission as laid down in Section 2.3 of Part A, a telephone number and an email address for rapid access to additional detailed product information services shall be provided at which rapid access to detailed additional product information in the language provided in Section 3.3 of part A is available for appointed bodies during emergencies. The telephone number shall be accessible 24 hours per day, 7 days per week. 2. Hazards identification and additional information This section sets out the information requirements related to the health and physical hazards of the mixture and the appropriate warning information associated with those hazards, as well as the additional information to be included in a submission. 2.1. Classification of the mixture The classification of the mixture for health and physical hazards (hazard class and category) shall be provided in accordance with the classification rules in Annex I. 2.2. Label elements The following label elements required in accordance with Article 17 shall be provided, if applicable: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>hazard pictogram codes (Annex V),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>signal word,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>hazard statement codes (Annex III, including supplemental hazard information),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>precautionary statement codes.</p></td></tr></tbody></table> 2.3. Toxicological information The submission shall include the information on the toxicological effects of the mixture or its components that is required in Section 11 of the Safety Data Sheet of the mixture, in accordance with Annex II to Regulation (EC) No 1907/2006. 2.4. Additional information The following additional information shall be provided: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the type(s) and size(s) of the packaging used to place the mixture on the market for consumer or professional use,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the colour(s) and the physical state(s) of the mixture, as supplied,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the pH, where applicable,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>product categorisation (see Section 3.4 of Part A),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>use (consumer, professional, industrial, or a combination of any of the three).</p></td></tr></tbody></table> 3. Information on mixture components 3.1. General requirements The chemical identity and the concentrations of the components contained in the mixture shall be indicated in the submission in accordance with Sections 3.2, 3.3 and 3.4. Components which are not present in a mixture shall not be notified. By derogation from the second subparagraph, in a group submission, perfume or fragrance components in mixtures shall be present in at least one of the mixtures. For group submissions where the perfumes or fragrances vary between the mixtures contained in the group, a list shall be provided of the mixtures and the perfumes or fragrances they contain, including their classification. 3.1.1. Requirements for mixtures for industrial use In the case of a limited submission as laid down in Section 2.3 of Part A, the information to be submitted on the composition of a mixture for industrial use may be limited to the information contained in the Safety Data Sheet in accordance with Annex II to Regulation (EC) No 1907/2006, provided that additional information on the components is rapidly available on request in emergencies in accordance with Section 1.3. 3.2. Mixture components 3.2.1. Substances The product identifier for the substances identified according to Section 3.3 shall be provided in accordance with Article 18(2). However, an INCI name, a colour index name or another international chemical name may be used, provided the chemical name is well-known and unambiguously defines the substance identity. The chemical name of substances for which an alternative chemical name has been allowed in accordance with Article 24 shall be provided as well. 3.2.2. Mixture in mixture When a mixture is used in the composition of a second mixture placed on the market, the first mixture is referred to as a mixture in mixture (hereinafter MIM). Information on the substances contained in a MIM shall be provided in accordance with the criteria of Section 3.2.1, unless the submitter does not have access to information on the full composition of the MIM. In the latter case, information in accordance with Section 3 on known mixture components shall be provided and the MIM shall be identified by means of its product identifier in accordance with Article 18(3)(a), together with its concentration and UFI, when available. In absence of a UFI, the Safety Data Sheet of the MIM shall be provided, as well as the name, email address and telephone number of the MIM supplier. 3.2.3. Generic product identifiers By derogation from Sections 3.2.1 and 3.2.2, the generic product identifiers “perfumes”, “fragrances” or “colouring agents” may be used for mixture components used exclusively to add perfume, fragrance or colour, where the following conditions are met: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the mixture components are not classified for any health hazard,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the concentration of mixture components identified with a given generic product identifier does not exceed in total:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>5 % for the sum of perfumes and fragrances; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>25 % for the sum of colouring agents.</p></td></tr></tbody></table></td></tr></tbody></table> 3.3. Mixture components subject to submission requirements The following mixture components (substances and MIM) shall be indicated: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>mixture components classified as hazardous on the basis of their health or physical effects which:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>are present in concentrations equal to or greater than 0,1 %,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>are identified, even if in concentrations lower than 0,1 %, unless the submitter can demonstrate that those components are irrelevant for the purposes of emergency health response and preventative measures;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>mixture components not classified as hazardous on the basis of their health or physical effects which are identified and present in concentrations equal to or greater than 1 %.</p></td></tr></tbody></table> 3.4. Concentration and concentration ranges of the mixture components Submitters shall provide the information laid down in Sections 3.4.1 and 3.4.2 with regard to the concentration of the mixture components (substances and MIM), identified in accordance with Section 3.3. 3.4.1. Hazardous components of major concern for emergency health response and preventative measures When mixture components are classified in accordance with this Regulation for at least one of the hazard categories listed below, their concentration in a mixture shall be expressed as exact percentages, in descending order by mass or volume: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>acute toxicity, Category 1, 2 or 3,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>specific target organ toxicity &#8212; Single exposure, Category 1 or 2,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>specific target organ toxicity &#8212; Repeated exposure, Category 1 or 2,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>skin corrosion, Category 1, 1A, 1B or 1C,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>serious eye damage, Category 1.</p></td></tr></tbody></table> As an alternative to providing concentrations as exact percentages, a range of percentages may be submitted in accordance with Table 1. Table 1 Concentration ranges applicable to hazardous components of major concern for emergency health response (substances or MIM) <table><col/><col/><tbody><tr><td><p>Concentration range of the hazardous component contained in the mixture (%)</p></td><td><p>Maximum width of the concentration range to be used in the submission</p></td></tr><tr><td><p>&#8805;&#160;25 - &lt;&#160;100</p></td><td><p>5 % units</p></td></tr><tr><td><p>&#8805;&#160;10 - &lt;&#160;25</p></td><td><p>3 % units</p></td></tr><tr><td><p>&#8805;&#160;1 - &lt;&#160;10</p></td><td><p>1 % units</p></td></tr><tr><td><p>&#8805;&#160;0,1 - &lt;&#160;1</p></td><td><p>0,3 % units</p></td></tr><tr><td><p>&gt;&#160;0 - &lt;&#160;0,1</p></td><td><p>0,1 % units</p></td></tr></tbody></table> 3.4.2. Other hazardous components and components not classified as hazardous The concentration of the hazardous components in a mixture not classified for any of the hazard categories listed in Section 3.4.1 and of the identified components not classified as hazardous shall be expressed, in accordance with Table 2, as ranges of percentages in descending order by mass or volume. As an alternative, exact percentages may be provided. By derogation from the first subparagraph, for perfume or fragrance components that are not classified or only classified for skin sensitisation Category 1, 1A or 1B or aspiration toxicity, submitters shall not be required to provide information on their concentration, provided that the total concentration does not exceed 5 %. Table 2 Concentration ranges applicable to other hazardous components and components not classified as hazardous (substances or MIM) <table><col/><col/><tbody><tr><td><p>Concentration range of the component contained in the mixture (%)</p></td><td><p>Maximum width of the concentration range to be used in the submission</p></td></tr><tr><td><p>&#8805;&#160;25 - &lt;&#160;100</p></td><td><p>20 % units</p></td></tr><tr><td><p>&#8805;&#160;10 - &lt;&#160;25</p></td><td><p>10 % units</p></td></tr><tr><td><p>&#8805;&#160;1 - &lt;&#160;10</p></td><td><p>3 % units</p></td></tr><tr><td><p>&gt; 0 - &lt;&#160;1</p></td><td><p>1 % units</p></td></tr></tbody></table> 3.5. Classification of mixture components (substances and MIM) The classification of mixture components for health and physical hazards (hazard classes, hazard categories and hazard statements) shall be provided. This includes the classification for at least all substances referred to in Point 3.2.1 of Annex II to Regulation (EC) No 1907/2006 on requirements for the compilation of Safety Data Sheets. Alternatively, in the case of a MIM, only its classification for health and physical hazards may be provided. 4. Submission update 4.1. Where one of the following changes applies to a mixture in an individual or group submission, submitters shall provide a submission update before placing that mixture, as changed, on the market: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>when the mixture product identifier (including the UFI) has changed,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>when the mixture classification for health or physical hazards has changed,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>when relevant new toxicological information that is required in Section 11 of the Safety Data Sheet becomes available on the hazardous properties of the mixture or its components,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>if a change in the composition of the mixture fulfils one of the following conditions:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>addition, substitution, or deletion of one or more components in the mixture that shall be indicated in accordance with Section 3.3;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>change in the concentration of a component in the mixture beyond the concentration range provided in the original submission;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the exact concentration of a component was provided in accordance with Sections 3.4.1 or 3.4.2, and a change occurs to that concentration beyond the limits identified in Table 3.</p></td></tr></tbody></table></td></tr></tbody></table> Table 3 Variations of the concentration of components requiring a submission update <table><col/><col/><tbody><tr><td><p>Exact concentration of the component contained in the mixture (%)</p></td><td><p>Variations (&#177;) of the initial component concentration requiring a submission update</p></td></tr><tr><td><p>&gt;&#160;25 - &#8804;&#160;100</p></td><td><p>5 %</p></td></tr><tr><td><p>&gt;&#160;10 - &#8804;&#160;25</p></td><td><p>10 %</p></td></tr><tr><td><p>&gt;&#160;2,5 - &#8804;&#160;10</p></td><td><p>20 %</p></td></tr><tr><td><p>&#8804;&#160;2,5</p></td><td><p>30 %</p></td></tr></tbody></table> When the fragrances or perfumes in a group submission change, the list of mixtures and the fragrances or perfumes they contain as required in Section 3.1 shall be updated. 4.2. Content of the submission update The submission update shall comprise a revised version of the previous submission containing the new information available as described in Section 4.1. PART C SUBMISSION FORMAT 1.1. Submission format The submission of information to appointed bodies in accordance with Article 45 shall be in a format to be provided by the Agency. The submission format shall address the following elements: 1.2. Identification of the mixture and of the submitter Product identifier <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Complete trade name of the product (in case of group submission, all product identifiers shall be listed)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Other names, synonyms</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Unique Formula Identifier(s) (UFI)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Other identifiers (authorisation number, company product codes)</p></td></tr></tbody></table> Contact details of the submitter <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Name</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Full address</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Telephone number</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Email address</p></td></tr></tbody></table> Contact details for rapid access to additional product information (24 hours/7 days). Only for limited submission <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Name</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Telephone number (24 hours per day, 7 days per week)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Email address</p></td></tr></tbody></table> 1.3. Classification of the mixture, label elements and toxicology Classification of the mixture and label elements <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Hazard class and category</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Hazard pictogram codes (Annex V)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Signal word</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Hazard statement codes, including supplemental hazard information codes (Annex III)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Precautionary statement codes (Annex IV)</p></td></tr></tbody></table> Toxicological information <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Description of the toxicity of the mixture or its components (as required in Section 11 of the Safety Data Sheet in accordance with Annex II to Regulation (EC) No&#160;1907/2006)</p></td></tr></tbody></table> Additional information on the mixture <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Colour</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>pH (where applicable)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Physical state</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Packaging (type and size)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Intended use (product categorisation code)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Uses (consumer, professional, industrial)</p></td></tr></tbody></table> 1.4. Product identifiers of the mixture components Product identifiers of the mixture components (substances and mixtures in mixtures where applicable) <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Chemical/trade name of the components</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>CAS number (where applicable)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EC number (where applicable)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>UFI (where applicable)</p></td></tr></tbody></table> Concentration and concentration ranges of the mixture components <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Exact concentration or concentration range</p></td></tr></tbody></table> Classification of mixture components (substances and MIM) <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Hazard classification (where applicable)</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Additional identifiers (where applicable and relevant for health response)</p></td></tr></tbody></table> List according to Part B, Section 3.1, fourth paragraph (where applicable) ’
ENG
32017R0542
02001L0020 — EN — 01.01.2022 — 003.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p> DIRECTIVE 2001/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL</p><p>of 4 April 2001</p><p><a>on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use</a></p><p>(OJ L 121 1.5.2001, p. 34)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a> REGULATION (EC) No 1901/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL &#160;of 12 December 2006</a></p></td><td><p>&#160;&#160;L&#160;378</p></td><td><p>1</p></td><td><p>27.12.2006</p></td></tr><tr><td><p><a>&#9658;M2</a></p></td><td><p><a> REGULATION (EC) No 596/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL &#160;of 18 June 2009</a></p></td><td><p>&#160;&#160;L&#160;188</p></td><td><p>14</p></td><td><p>18.7.2009</p></td></tr><tr><td><p><a>&#9658;M3</a></p></td><td><p><a> DIRECTIVE (EU) 2022/642 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL &#160;of 12&#160;April 2022</a></p></td><td><p>&#160;&#160;L&#160;118</p></td><td><p>4</p></td><td><p>20.4.2022</p></td></tr></table> DIRECTIVE 2001/20/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use Article 1 Scope 1. This Directive establishes specific provisions regarding the conduct of clinical trials, including multi-centre trials, on human subjects involving medicinal products as defined in Article 1 of Directive 65/65/EEC, in particular relating to the implementation of good clinical practice. This Directive does not apply to non-interventional trials. 2. Good clinical practice is a set of internationally recognised ethical and scientific quality requirements which must be observed for designing, conducting, recording and reporting clinical trials that involve the participation of human subjects. Compliance with this good practice provides assurance that the rights, safety and well-being of trial subjects are protected, and that the results of the clinical trials are credible. 3. The Commission shall adopt the principles relating to good clinical practice and detailed rules in line with those principles and shall, if necessary, revise those principles and detailed rules to take account of technical and scientific progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3). The principles and detailed rules shall be published by the Commission. 4. All clinical trials, including bioavailability and bioequivalence studies, shall be designed, conducted and reported in accordance with the principles of good clinical practice. Article 2 Definitions For the purposes of this Directive the following definitions shall apply: (a) ‘clinical trial’: any investigation in human subjects intended to discover or verify the clinical, pharmacological and/or other pharmacodynamic effects of one or more investigational medicinal product(s), and/or to identify any adverse reactions to one or more investigational medicinal product(s) and/or to study absorption, distribution, metabolism and excretion of one or more investigational medicinal product(s) with the object of ascertaining its (their) safety and/or efficacy; This includes clinical trials carried out in either one site or multiple sites, whether in one or more than one Member State; (b) ‘multi-centre clinical trial’: a clinical trial conducted according to a single protocol but at more than one site, and therefore by more than one investigator, in which the trial sites may be located in a single Member State, in a number of Member States and/or in Member States and third countries; (c) ‘non-interventional trial’: a study where the medicinal product(s) is (are) prescribed in the usual manner in accordance with the terms of the marketing authorisation. The assignment of the patient to a particular therapeutic strategy is not decided in advance by a trial protocol but falls within current practice and the prescription of the medicine is clearly separated from the decision to include the patient in the study. No additional diagnostic or monitoring procedures shall be applied to the patients and epidemiological methods shall be used for the analysis of collected data; (d) ‘investigational medicinal product’: a pharmaceutical form of an active substance or placebo being tested or used as a reference in a clinical trial, including products already with a marketing authorisation but used or assembled (formulated or packaged) in a way different from the authorised form, or when used for an unauthorised indication, or when used to gain further information about the authorised form; (e) ‘sponsor’: an individual, company, institution or organisation which takes responsibility for the initiation, management and/or financing of a clinical trial; (f) ‘investigator’: a doctor or a person following a profession agreed in the Member State for investigations because of the scientific background and the experience in patient care it requires. The investigator is responsible for the conduct of a clinical trial at a trial site. If a trial is conducted by a team of individuals at a trial site, the investigator is the leader responsible for the team and may be called the principal investigator; (g) ‘investigator's brochure’: a compilation of the clinical and non-clinical data on the investigational medicinal product or products which are relevant to the study of the product or products in human subjects; (h) ‘protocol’: a document that describes the objective(s), design, methodology, statistical considerations and organisation of a trial. The term protocol refers to the protocol, successive versions of the protocol and protocol amendments; (i) ‘subject’: an individual who participates in a clinical trial as either a recipient of the investigational medicinal product or a control; (j) ‘informed consent’: decision, which must be written, dated and signed, to take part in a clinical trial, taken freely after being duly informed of its nature, significance, implications and risks and appropriately documented, by any person capable of giving consent or, where the person is not capable of giving consent, by his or her legal representative; if the person concerned is unable to write, oral consent in the presence of at least one witness may be given in exceptional cases, as provided for in national legislation. (k) ‘ethics committee’: an independent body in a Member State, consisting of healthcare professionals and non-medical members, whose responsibility it is to protect the rights, safety and wellbeing of human subjects involved in a trial and to provide public assurance of that protection, by, among other things, expressing an opinion on the trial protocol, the suitability of the investigators and the adequacy of facilities, and on the methods and documents to be used to inform trial subjects and obtain their informed consent; (l) ‘inspection’: the act by a competent authority of conducting an official review of documents, facilities, records, quality assurance arrangements, and any other resources that are deemed by the competent authority to be related to the clinical trial and that may be located at the site of the trial, at the sponsor's and/or contract research organisation's facilities, or at other establishments which the competent authority sees fit to inspect; (m) ‘adverse event’: any untoward medical occurrence in a patient or clinical trial subject administered a medicinal product and which does not necessarily have a causal relationship with this treatment; (n) ‘adverse reaction’: all untoward and unintended responses to an investigational medicinal product related to any dose administered; (o) ‘serious adverse event or serious adverse reaction’: any untoward medical occurrence or effect that at any dose results in death, is life-threatening, requires hospitalisation or prolongation of existing hospitalisation, results in persistent or significant disability or incapacity, or is a congenital anomaly or birth defect; (p) ‘unexpected adverse reaction’: an adverse reaction, the nature or severity of which is not consistent with the applicable product information (e.g. investigator's brochure for an unauthorised investigational product or summary of product characteristics for an authorised product). Article 3 Protection of clinical trial subjects 1. This Directive shall apply without prejudice to the national provisions on the protection of clinical trial subjects if they are more comprehensive than the provisions of this Directive and consistent with the procedures and time-scales specified therein. Member States shall, insofar as they have not already done so, adopt detailed rules to protect from abuse individuals who are incapable of giving their informed consent. 2. A clinical trial may be undertaken only if, in particular: (a) the foreseeable risks and inconveniences have been weighed against the anticipated benefit for the individual trial subject and other present and future patients. A clinical trial may be initiated only if the Ethics Committee and/or the competent authority comes to the conclusion that the anticipated therapeutic and public health benefits justify the risks and may be continued only if compliance with this requirement is permanently monitored; (b) the trial subject or, when the person is not able to give informed consent, his legal representative has had the opportunity, in a prior interview with the investigator or a member of the investigating team, to understand the objectives, risks and inconveniences of the trial, and the conditions under which it is to be conducted and has also been informed of his right to withdraw from the trial at any time; (c) the rights of the subject to physical and mental integrity, to privacy and to the protection of the data concerning him in accordance with Directive 95/46/EC are safeguarded; (d) the trial subject or, when the person is not able to give informed consent, his legal representative has given his written consent after being informed of the nature, significance, implications and risks of the clinical trial; if the individual is unable to write, oral consent in the presence of at least one witness may be given in exceptional cases, as provided for in national legislation; (e) the subject may without any resulting detriment withdraw from the clinical trial at any time by revoking his informed consent; (f) provision has been made for insurance or indemnity to cover the liability of the investigator and sponsor. 3. The medical care given to, and medical decisions made on behalf of, subjects shall be the responsibility of an appropriately qualified doctor or, where appropriate, of a qualified dentist. 4. The subject shall be provided with a contact point where he may obtain further information. Article 4 Clinical trials on minors In addition to any other relevant restriction, a clinical trial on minors may be undertaken only if: (a) the informed consent of the parents or legal representative has been obtained; consent must represent the minor's presumed will and may be revoked at any time, without detriment to the minor; (b) the minor has received information according to its capacity of understanding, from staff with experience with minors, regarding the trial, the risks and the benefits; (c) the explicit wish of a minor who is capable of forming an opinion and assessing this information to refuse participation or to be withdrawn from the clinical trial at any time is considered by the investigator or where appropriate the principal investigator; (d) no incentives or financial inducements are given except compensation; (e) some direct benefit for the group of patients is obtained from the clinical trial and only where such research is essential to validate data obtained in clinical trials on persons able to give informed consent or by other research methods; additionally, such research should either relate directly to a clinical condition from which the minor concerned suffers or be of such a nature that it can only be carried out on minors; (f) the corresponding scientific guidelines of the Agency have been followed; (g) clinical trials have been designed to minimise pain, discomfort, fear and any other foreseeable risk in relation to the disease and developmental stage; both the risk threshold and the degree of distress have to be specially defined and constantly monitored; (h) the Ethics Committee, with paediatric expertise or after taking advice in clinical, ethical and psychosocial problems in the field of paediatrics, has endorsed the protocol; and (i) the interests of the patient always prevail over those of science and society. Article 5 Clinical trials on incapacitated adults not able to give informed legal consent In the case of other persons incapable of giving informed legal consent, all relevant requirements listed for persons capable of giving such consent shall apply. In addition to these requirements, inclusion in clinical trials of incapacitated adults who have not given or not refused informed consent before the onset of their incapacity shall be allowed only if: (a) the informed consent of the legal representative has been obtained; consent must represent the subject's presumed will and may be revoked at any time, without detriment to the subject; (b) the person not able to give informed legal consent has received information according to his/her capacity of understanding regarding the trial, the risks and the benefits; (c) the explicit wish of a subject who is capable of forming an opinion and assessing this information to refuse participation in, or to be withdrawn from, the clinical trial at any time is considered by the investigator or where appropriate the principal investigator; (d) no incentives or financial inducements are given except compensation; (e) such research is essential to validate data obtained in clinical trials on persons able to give informed consent or by other research methods and relates directly to a life-threatening or debilitating clinical condition from which the incapacitated adult concerned suffers; (f) clinical trials have been designed to minimise pain, discomfort, fear and any other foreseeable risk in relation to the disease and developmental stage; both the risk threshold and the degree of distress shall be specially defined and constantly monitored; (g) the Ethics Committee, with expertise in the relevant disease and the patient population concerned or after taking advice in clinical, ethical and psychosocial questions in the field of the relevant disease and patient population concerned, has endorsed the protocol; (h) the interests of the patient always prevail over those of science and society; and (i) there are grounds for expecting that administering the medicinal product to be tested will produce a benefit to the patient outweighing the risks or produce no risk at all. Article 6 Ethics Committee 1. For the purposes of implementation of the clinical trials, Member States shall take the measures necessary for establishment and operation of Ethics Committees. 2. The Ethics Committee shall give its opinion, before a clinical trial commences, on any issue requested. 3. In preparing its opinion, the Ethics Committee shall consider, in particular: (a) the relevance of the clinical trial and the trial design; (b) whether the evaluation of the anticipated benefits and risks as required under Article 3(2)(a) is satisfactory and whether the conclusions are justified; (c) the protocol; (d) the suitability of the investigator and supporting staff; (e) the investigator's brochure; (f) the quality of the facilities; (g) the adequacy and completeness of the written information to be given and the procedure to be followed for the purpose of obtaining informed consent and the justification for the research on persons incapable of giving informed consent as regards the specific restrictions laid down in Article 3; (h) provision for indemnity or compensation in the event of injury or death attributable to a clinical trial; (i) any insurance or indemnity to cover the liability of the investigator and sponsor; (j) the amounts and, where appropriate, the arrangements for rewarding or compensating investigators and trial subjects and the relevant aspects of any agreement between the sponsor and the site; (k) the arrangements for the recruitment of subjects. 4. Notwithstanding the provisions of this Article, a Member State may decide that the competent authority it has designated for the purpose of Article 9 shall be responsible for the consideration of, and the giving of an opinion on, the matters referred to in paragraph 3(h), (i) and (j) of this Article. When a Member State avails itself of this provision, it shall notify the Commission, the other Member States and the Agency. 5. The Ethics Committee shall have a maximum of 60 days from the date of receipt of a valid application to give its reasoned opinion to the applicant and the competent authority in the Member State concerned. 6. Within the period of examination of the application for an opinion, the Ethics Committee may send a single request for information supplementary to that already supplied by the applicant. The period laid down in paragraph 5 shall be suspended until receipt of the supplementary information. 7. No extension to the 60-day period referred to in paragraph 5 shall be permissible except in the case of trials involving medicinal products for gene therapy or somatic cell therapy or medicinal products containing genetically modified organisms. In this case, an extension of a maximum of 30 days shall be permitted. For these products, this 90-day period may be extended by a further 90 days in the event of consultation of a group or a committee in accordance with the regulations and procedures of the Member States concerned. In the case of xenogenic cell therapy, there shall be no time limit to the authorisation period. Article 7 Single opinion For multi-centre clinical trials limited to the territory of a single Member State, Member States shall establish a procedure providing, notwithstanding the number of Ethics Committees, for the adoption of a single opinion for that Member State. In the case of multi-centre clinical trials carried out in more than one Member State simultaneously, a single opinion shall be given for each Member State concerned by the clinical trial. Article 8 Detailed guidance The Commission, in consultation with Member States and interested parties, shall draw up and publish detailed guidance on the application format and documentation to be submitted in an application for an ethics committee opinion, in particular regarding the information that is given to subjects, and on the appropriate safeguards for the protection of personal data. Article 9 Commencement of a clinical trial 1. Member States shall take the measures necessary to ensure that the procedure described in this Article is followed for commencement of a clinical trial. The sponsor may not start a clinical trial until the Ethics Committee has issued a favourable opinion and inasmuch as the competent authority of the Member State concerned has not informed the sponsor of any grounds for non-acceptance. The procedures to reach these decisions can be run in parallel or not, depending on the sponsor. 2. Before commencing any clinical trial, the sponsor shall be required to submit a valid request for authorisation to the competent authority of the Member State in which the sponsor plans to conduct the clinical trial. 3. If the competent authority of the Member State notifies the sponsor of grounds for non-acceptance, the sponsor may, on one occasion only, amend the content of the request referred to in paragraph 2 in order to take due account of the grounds given. If the sponsor fails to amend the request accordingly, the request shall be considered rejected and the clinical trial may not commence. 4. Consideration of a valid request for authorisation by the competent authority as stated in paragraph 2 shall be carried out as rapidly as possible and may not exceed 60 days. The Member States may lay down a shorter period than 60 days within their area of responsibility if that is in compliance with current practice. The competent authority can nevertheless notify the sponsor before the end of this period that it has no grounds for non-acceptance. No further extensions to the period referred to in the first subparagraph shall be permissible except in the case of trials involving the medicinal products listed in paragraph 6, for which an extension of a maximum of 30 days shall be permitted. For these products, this 90-day period may be extended by a further 90 days in the event of consultation of a group or a committee in accordance with the regulations and procedures of the Member States concerned. In the case of xenogenic cell therapy there shall be no time limit to the authorisation period. 5. Without prejudice to paragraph 6, written authorisation may be required before the commencement of clinical trials for such trials on medicinal products which do not have a marketing authorisation within the meaning of Directive 65/65/EEC and are referred to in Part A of the Annex to Regulation (EEC) No 2309/93, and other medicinal products with special characteristics, such as medicinal products the active ingredient or active ingredients of which is or are a biological product or biological products of human or animal origin, or contains biological components of human or animal origin, or the manufacturing of which requires such components. 6. Written authorisation shall be required before commencing clinical trials involving medicinal products for gene therapy, somatic cell therapy including xenogenic cell therapy and all medicinal products containing genetically modified organisms. No gene therapy trials may be carried out which result in modifications to the subject's germ line genetic identity. 7. This authorisation shall be issued without prejudice to the application of Council Directives 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms ( 1 ) and 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms ( 2 ). 8. In consultation with Member States, the Commission shall draw up and publish detailed guidance on: (a) the format and contents of the request referred to in paragraph 2 as well as the documentation to be submitted to support that request, on the quality and manufacture of the investigational medicinal product, any toxicological and pharmacological tests, the protocol and clinical information on the investigational medicinal product including the investigator's brochure; (b) the presentation and content of the proposed amendment referred to in point (a) of Article 10 on substantial amendments made to the protocol; (c) the declaration of the end of the clinical trial. Article 10 Conduct of a clinical trial Amendments may be made to the conduct of a clinical trial following the procedure described hereinafter: (a) after the commencement of the clinical trial, the sponsor may make amendments to the protocol. If those amendments are substantial and are likely to have an impact on the safety of the trial subjects or to change the interpretation of the scientific documents in support of the conduct of the trial, or if they are otherwise significant, the sponsor shall notify the competent authorities of the Member State or Member States concerned of the reasons for, and content of, these amendments and shall inform the ethics committee or committees concerned in accordance with Articles 6 and 9. On the basis of the details referred to in Article 6(3) and in accordance with Article 7, the Ethics Committee shall give an opinion within a maximum of 35 days of the date of receipt of the proposed amendment in good and due form. If this opinion is unfavourable, the sponsor may not implement the amendment to the protocol. If the opinion of the Ethics Committee is favourable and the competent authorities of the Member States have raised no grounds for non-acceptance of the abovementioned substantial amendments, the sponsor shall proceed to conduct the clinical trial following the amended protocol. Should this not be the case, the sponsor shall either take account of the grounds for non-acceptance and adapt the proposed amendment to the protocol accordingly or withdraw the proposed amendment; (b) without prejudice to point (a), in the light of the circumstances, notably the occurrence of any new event relating to the conduct of the trial or the development of the investigational medicinal product where that new event is likely to affect the safety of the subjects, the sponsor and the investigator shall take appropriate urgent safety measures to protect the subjects against any immediate hazard. The sponsor shall forthwith inform the competent authorities of those new events and the measures taken and shall ensure that the Ethics Committee is notified at the same time; (c) within 90 days of the end of a clinical trial the sponsor shall notify the competent authorities of the Member State or Member States concerned and the Ethics Committee that the clinical trial has ended. If the trial has to be terminated early, this period shall be reduced to 15 days and the reasons clearly explained. Article 11 Exchange of information 1. Member States in whose territory the clinical trial takes place shall enter in a European database, accessible only to the competent authorities of the Member States, the Agency and the Commission: (a) extracts from the request for authorisation referred to in Article 9(2); (b) any amendments made to the request, as provided for in Article 9(3); (c) any amendments made to the protocol, as provided for in point a of Article 10; (d) the favourable opinion of the Ethics Committee; (e) the declaration of the end of the clinical trial; and (f) a reference to the inspections carried out on conformity with good clinical practice. 2. At the substantiated request of any Member State, the Agency or the Commission, the competent authority to which the request for authorisation was submitted shall supply all further information concerning the clinical trial in question other than the data already in the European database. 3. In consultation with the Member States, the Commission shall draw up and publish detailed guidance on the relevant data to be included in this European database, which it operates with the assistance of the Agency, as well as the methods for electronic communication of the data. The detailed guidance thus drawn up shall ensure that the confidentiality of the data is strictly observed. 4. By way of derogation from paragraph 1, the Agency shall make public part of the information on paediatric clinical trials entered in the European database in accordance with the provisions of Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use ( 3 ). Article 12 Suspension of the trial or infringements 1. Where a Member State has objective grounds for considering that the conditions in the request for authorisation referred to in Article 9(2) are no longer met or has information raising doubts about the safety or scientific validity of the clinical trial, it may suspend or prohibit the clinical trial and shall notify the sponsor thereof. Before the Member State reaches its decision it shall, except where there is imminent risk, ask the sponsor and/or the investigator for their opinion, to be delivered within one week. In this case, the competent authority concerned shall forthwith inform the other competent authorities, the Ethics Committee concerned, the Agency and the Commission of its decision to suspend or prohibit the trial and of the reasons for the decision. 2. Where a competent authority has objective grounds for considering that the sponsor or the investigator or any other person involved in the conduct of the trial no longer meets the obligations laid down, it shall forthwith inform him thereof, indicating the course of action which he must take to remedy this state of affairs. The competent authority concerned shall forthwith inform the Ethics Committee, the other competent authorities and the Commission of this course of action. Article 13 Manufacture and import of investigational medicinal products 1. Member States shall take all appropriate measures to ensure that the manufacture or importation of investigational medicinal products is subject to the holding of authorisation. The Commission shall lay down the minimum requirements which the applicant and, subsequently, the holder of the authorisation must meet in order to obtain the authorisation. Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3). By way of derogation from the first subparagraph, the competent authorities of the United Kingdom in respect of Northern Ireland and, until 31 December 2024, the competent authorities of Cyprus, Ireland and Malta shall allow investigational medicinal products to be imported from parts of the United Kingdom other than Northern Ireland without such an authorisation provided that all of the following conditions are fulfilled: (a) the investigational medicinal products imported into Cyprus, Ireland, Malta or Northern Ireland have undergone certification of batch release either in the Union, as provided for in paragraph 3, point (a), or in parts of the United Kingdom other than Northern Ireland in compliance with the requirements set out in paragraph 3, point (b); (b) the investigational medicinal products are only made available to subjects in the Member State into which those investigational medicinal products are imported, or, if imported into Northern Ireland, are only made available to subjects in Northern Ireland. 2. Member States shall take all appropriate measures to ensure that the holder of the authorisation referred to in paragraph 1 has permanently and continuously at his disposal the services of at least one qualified person who, in accordance with the conditions laid down in Article 23 of the second Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products ( 4 ), is responsible in particular for carrying out the duties specified in paragraph 3 of this Article. 3. Member States shall take all appropriate measures to ensure that the qualified person referred to in Article 21 of Directive 75/319/EEC, without prejudice to his relationship with the manufacturer or importer, is responsible, in the context of the procedures referred to in Article 25 of the said Directive, for ensuring: (a) in the case of investigational medicinal products manufactured in the Member State concerned, that each batch of medicinal products has been manufactured and checked in compliance with the requirements of Commission Directive 91/356/EEC of 13 June 1991 laying down the principles and guidelines of good manufacturing practice for medicinal products for human use ( 5 ), the product specification file and the information notified pursuant to Article 9(2) of this Directive; (b) in the case of investigational medicinal products manufactured in a third country, that each production batch has been manufactured and checked in accordance with standards of good manufacturing practice at least equivalent to those laid down in Commission Directive 91/356/EEC, in accordance with the product specification file, and that each production batch has been checked in accordance with the information notified pursuant to Article 9(2) of this Directive; (c) in the case of an investigational medicinal product which is a comparator product from a third country, and which has a marketing authorisation, where the documentation certifying that each production batch has been manufactured in conditions at least equivalent to the standards of good manufacturing practice referred to above cannot be obtained, that each production batch has undergone all relevant analyses, tests or checks necessary to confirm its quality in accordance with the information notified pursuant to Article 9(2) of this Directive. Detailed guidance on the elements to be taken into account when evaluating products with the object of releasing batches within the Community shall be drawn up pursuant to the good manufacturing practice guidelines, and in particular Annex 13 to the said guidelines. Such guidelines will be adopted in accordance with the procedure referred to in Article 21(2) of this Directive and published in accordance with Article 19a of Directive 75/319/EEC. Insofar as the provisions laid down in (a), (b) or (c) are complied with, investigational medicinal products shall not have to undergo any further checks if they are imported into another Member State together with batch release certification signed by the qualified person. 4. In all cases, the qualified person must certify in a register or equivalent document that each production batch satisfies the provisions of this Article. The said register or equivalent document shall be kept up to date as operations are carried out and shall remain at the disposal of the agents of the competent authority for the period specified in the provisions of the Member States concerned. This period shall in any event be not less than five years. 5. Any person engaging in activities as the qualified person referred to in Article 21 of Directive 75/319/EEC as regards investigational medicinal products at the time when this Directive is applied in the Member State where that person is, but without complying with the conditions laid down in Articles 23 and 24 of that Directive, shall be authorised to continue those activities in the Member State concerned. Article 14 Labelling The particulars to appear in at least the official language(s) of the Member State on the outer packaging of investigational medicinal products or, where there is no outer packaging, on the immediate packaging, shall be published by the Commission in the good manufacturing practice guidelines on investigational medicinal products adopted in accordance with Article 19a of Directive 75/319/EEC. In addition, these guidelines shall lay down adapted provisions relating to labelling for investigational medicinal products intended for clinical trials with the following characteristics: — the planning of the trial does not require particular manufacturing or packaging processes; — the trial is conducted with medicinal products with, in the Member States concerned by the study, a marketing authorisation within the meaning of Directive 65/65/EEC, manufactured or imported in accordance with the provisions of Directive 75/319/EEC; — the patients participating in the trial have the same characteristics as those covered by the indication specified in the abovementioned authorisation. Article 15 Verification of compliance of investigational medicinal products with good clinical and manufacturing practice 1. To verify compliance with the provisions on good clinical and manufacturing practice, Member States shall appoint inspectors to inspect the sites concerned by any clinical trial conducted, particularly the trial site or sites, the manufacturing site of the investigational medicinal product, any laboratory used for analyses in the clinical trial and/or the sponsor's premises. The inspections shall be conducted by the competent authority of the Member State concerned, which shall inform the Agency; they shall be carried out on behalf of the Community and the results shall be recognised by all the other Member States. These inspections shall be coordinated by the Agency, within the framework of its powers as provided for in Regulation (EEC) No 2309/93. A Member State may request assistance from another Member State in this matter. 2. Following inspection, an inspection report shall be prepared. It must be made available to the sponsor while safeguarding confidential aspects. It may be made available to the other Member States, to the Ethics Committee and to the Agency, at their reasoned request. 3. At the request of the Agency, within the framework of its powers as provided for in Regulation (EEC) No 2309/93, or of one of the Member States concerned, and following consultation with the Member States concerned, the Commission may request a new inspection should verification of compliance with this Directive reveal differences between Member States. 4. Subject to any arrangements which may have been concluded between the Community and third countries, the Commission, upon receipt of a reasoned request from a Member State or on its own initiative, or a Member State may propose that the trial site and/or the sponsor's premises and/or the manufacturer established in a third country undergo an inspection. The inspection shall be carried out by duly qualified Community inspectors. 5. The detailed guidelines on the documentation relating to the clinical trial, which shall constitute the master file on the trial, archiving, qualifications of inspectors and inspection procedures to verify compliance of the clinical trial in question with this Directive shall be adopted and revised in accordance with the procedure referred to in Article 21(2). Article 16 Notification of adverse events 1. The investigator shall report all serious adverse events immediately to the sponsor except for those that the protocol or investigator's brochure identifies as not requiring immediate reporting. The immediate report shall be followed by detailed, written reports. The immediate and follow-up reports shall identify subjects by unique code numbers assigned to the latter. 2. Adverse events and/or laboratory abnormalities identified in the protocol as critical to safety evaluations shall be reported to the sponsor according to the reporting requirements and within the time periods specified in the protocol. 3. For reported deaths of a subject, the investigator shall supply the sponsor and the Ethics Committee with any additional information requested. 4. The sponsor shall keep detailed records of all adverse events which are reported to him by the investigator or investigators. These records shall be submitted to the Member States in whose territory the clinical trial is being conducted, if they so request. Article 17 Notification of serious adverse reactions 1. (a) The sponsor shall ensure that all relevant information about suspected serious unexpected adverse reactions that are fatal or life-threatening is recorded and reported as soon as possible to the competent authorities in all the Member States concerned, and to the Ethics Committee, and in any case no later than seven days after knowledge by the sponsor of such a case, and that relevant follow-up information is subsequently communicated within an additional eight days. (b) All other suspected serious unexpected adverse reactions shall be reported to the competent authorities concerned and to the Ethics Committee concerned as soon as possible but within a maximum of fifteen days of first knowledge by the sponsor. (c) Each Member State shall ensure that all suspected unexpected serious adverse reactions to an investigational medicinal product which are brought to its attention are recorded. (d) The sponsor shall also inform all investigators. 2. Once a year throughout the clinical trial, the sponsor shall provide the Member States in whose territory the clinical trial is being conducted and the Ethics Committee with a listing of all suspected serious adverse reactions which have occurred over this period and a report of the subjects' safety. 3. (a) Each Member State shall see to it that all suspected unexpected serious adverse reactions to an investigational medicinal product which are brought to its attention are immediately entered in a European database to which, in accordance with Article 11(1), only the competent authorities of the Member States, the Agency and the Commission shall have access. (b) The Agency shall make the information notified by the sponsor available to the competent authorities of the Member States. Article 18 Guidance concerning reports The Commission, in consultation with the Agency, Member States and interested parties, shall draw up and publish detailed guidance on the collection, verification and presentation of adverse event/reaction reports, together with decoding procedures for unexpected serious adverse reactions. Article 19 General provisions This Directive is without prejudice to the civil and criminal liability of the sponsor or the investigator. To this end, the sponsor or a legal representative of the sponsor must be established in the Community. Unless Member States have established precise conditions for exceptional circumstances, investigational medicinal products and, as the case may be, the devices used for their administration shall be made available free of charge by the sponsor. The Member States shall inform the Commission of such conditions. Article 20 The Commission shall adapt this Directive to take account of scientific and technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3). Article 21 1. The Commission shall be assisted by the Standing Committee on Medicinal Products for Human Use, referred to in Article 121(1) of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use ( 6 ). 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period referred to in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. Article 22 Application 1. Member States shall adopt and publish before 1 May 2003 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply these provisions at the latest with effect from 1 May 2004. When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such 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 provisions of national law which they adopt in the field governed by this Directive. Article 23 Entry into force This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities. Article 24 Addressees This Directive is addressed to the Member States. <note> ( 1 ) OJ L 117, 8.5.1990, p. 1. Directive as last amended by Directive 98/81/EC (OJ L 330, 5.12.1998, p. 13). ( 2 ) OJ L 117, 8.5.1990, p. 15. Directive as last amended by Commission Directive 97/35/EC (OJ L 169, 27.6.1997, p. 72). ( 3 ) OJ L 378, 27.12.2006, p. 1. ( 4 ) OJ L 147, 9.6.1975, p. 13. Directive as last amended by Council Directive 93/39/EC (OJ L 214, 24.8.1993, p. 22). ( 5 ) OJ L 193, 17.7.1991, p. 30. ( 6 ) OJ L 311, 28.11.2001, p. 67. </note>
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02001L0020-20220101
<table><col/><col/><col/><tbody><tr><td><img/></td><td><p>Official Journal<br/>of the European Union</p></td><td><p>EN</p><p>Series C</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>C/2023/698</p></td><td><p>30.11.2023</p></td></tr></tbody></table> Statement of revenue and expenditure for the 2023 financial year – European Border and Coast Guard Agency (Frontex) – amending budget No 1 ( 1 ) (C/2023/698) REVENUE <table><col/><col/><col/><col/><col/><tbody><tr><td><p>Title</p><p>Chapter</p></td><td><p>Heading</p></td><td><p>2023 estimate</p></td><td><p>Amending budget No&#160;1/2023</p></td><td><p>New amount</p></td></tr><tr><td><p><span>9</span></p></td><td><p><span>REVENUE</span></p></td></tr><tr><td><p>9 0</p></td><td><p>SUBSIDIES AND CONTRIBUTIONS</p></td><td><p>845&#160;432&#160;752</p></td><td><p>&#8211;16&#160;080&#160;000</p></td><td><p>829&#160;352&#160;752</p></td></tr><tr><td><p>9 1</p></td><td><p>OTHER 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6</p></td><td><p>SOCIAL WELFARE</p></td><td><p>900&#160;000</p></td><td><p>&#8211;&#160;323&#160;030</p></td><td><p>576&#160;970</p></td></tr><tr><td><p>1 7</p></td><td><p>ACCREDITED EUROPEAN SCHOOL</p></td><td><p>2&#160;430&#160;000</p></td><td><p>1&#160;923&#160;136</p></td><td><p>4&#160;353&#160;136</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 1 &#8212; Total</span></p></td><td><p><span>208&#160;330&#160;000</span></p></td><td><p><span>&#8211;3&#160;981&#160;669</span></p></td><td><p><span>204&#160;348&#160;331</span></p></td></tr><tr><td><p><span>2</span></p></td><td><p><span>OTHER ADMINISTRATIVE EXPENDITURE</span></p></td></tr><tr><td><p>2 0</p></td><td><p>RENTAL OF BUILDINGS AND ASSOCIATED EXPENDITURE</p></td><td><p>17&#160;883&#160;560</p></td><td><p>&#8211;1&#160;819&#160;200</p></td><td><p>16&#160;064&#160;360</p></td></tr><tr><td><p>2 1</p></td><td><p>DATA-PROCESSING AND TELECOMMUNICATION</p></td><td><p>24&#160;000&#160;000</p></td><td><p>&#160;</p></td><td><p>24&#160;000&#160;000</p></td></tr><tr><td><p>2 2</p></td><td><p>MOVABLE PROPERTY AND ASSOCIATED EXPENDITURE</p></td><td><p>136&#160;250</p></td><td><p>4&#160;000</p></td><td><p>140&#160;250</p></td></tr><tr><td><p>2 3</p></td><td><p>CURRENT ADMINISTRATIVE EXPENDITURE</p></td><td><p>7&#160;938&#160;900</p></td><td><p>&#8211;1&#160;407&#160;176</p></td><td><p>6&#160;531&#160;724</p></td></tr><tr><td><p>2 4</p></td><td><p>POSTAL EXPENDITURES</p></td><td><p>p.m.</p></td><td><p>&#160;</p></td><td><p>p.m.</p></td></tr><tr><td><p>2 5</p></td><td><p>NON-OPERATIONAL MEETINGS</p></td><td><p>1&#160;050&#160;000</p></td><td><p>10&#160;000</p></td><td><p>1&#160;060&#160;000</p></td></tr><tr><td><p>2 6</p></td><td><p>MEDIA AND PUBLIC RELATIONS</p></td><td><p>425&#160;000</p></td><td><p>345&#160;000</p></td><td><p>770&#160;000</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 2 &#8212; Total</span></p></td><td><p><span>51&#160;433&#160;710</span></p></td><td><p><span>&#8211;2&#160;867&#160;376</span></p></td><td><p><span>48&#160;566&#160;334</span></p></td></tr><tr><td><p><span>3</span></p></td><td><p><span>OPERATIONAL ACTIVITIES</span></p></td></tr><tr><td><p>3 0</p></td><td><p>EUROPEAN STANDING CORPS</p></td><td><p>243&#160;835&#160;990</p></td><td><p>&#8211;16&#160;734&#160;106</p></td><td><p>227&#160;101&#160;884</p></td></tr><tr><td><p>3 1</p></td><td><p>AGENCY'S OWN EQUIPMENT</p></td><td><p>161&#160;176&#160;064</p></td><td><p>7&#160;395&#160;583</p></td><td><p>168&#160;571&#160;647</p></td></tr><tr><td><p>3 2</p></td><td><p>RETURN ACTIVITIES</p></td><td><p>83&#160;481&#160;316</p></td><td><p>17&#160;854&#160;244</p></td><td><p>101&#160;335&#160;560</p></td></tr><tr><td><p>3 3</p></td><td><p>INFORMATION AND DATA ANALYTICS</p></td><td><p>16&#160;518&#160;609</p></td><td><p>&#8211;1&#160;585&#160;882</p></td><td><p>14&#160;932&#160;727</p></td></tr><tr><td><p>3 4</p></td><td><p>STRENGTHENING CAPACITIES</p></td><td><p>8&#160;039&#160;950</p></td><td><p>&#8211;2&#160;178&#160;639</p></td><td><p>5&#160;861&#160;311</p></td></tr><tr><td><p>3 5</p></td><td><p>FUNDAMENTAL RIGHTS ACTIVITIES</p></td><td><p>2&#160;000&#160;000</p></td><td><p>&#8211;&#160;462&#160;623</p></td><td><p>1&#160;537&#160;377</p></td></tr><tr><td><p>3 6</p></td><td><p>DIGITALISATION</p></td><td><p>24&#160;504&#160;712</p></td><td><p>&#160;</p></td><td><p>24&#160;504&#160;712</p></td></tr><tr><td><p>3 7</p></td><td><p>HORIZONTAL OPERATIONAL SUPPORT</p></td><td><p>34&#160;369&#160;501</p></td><td><p>&#8211;3&#160;166&#160;370</p></td><td><p>31&#160;203&#160;131</p></td></tr><tr><td><p>3 8</p></td><td><p>OPERATIONAL RESERVE (ART.115(14))</p></td><td><p>8&#160;668&#160;000</p></td><td><p>&#8211;8&#160;668&#160;000</p></td><td><p>p.m.</p></td></tr><tr><td><p>3 9</p></td><td><p>ETIAS</p></td><td><p>3&#160;074&#160;900</p></td><td><p>&#8211;1&#160;685&#160;162</p></td><td><p>1&#160;389&#160;738</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 3 &#8212; Total</span></p></td><td><p><span>585&#160;669&#160;042</span></p></td><td><p><span>&#8211;9&#160;230&#160;955</span></p></td><td><p><span>576&#160;438&#160;087</span></p></td></tr><tr><td><p><span>4</span></p></td><td><p><span>EARMARKED EXPENDITURE</span></p></td></tr><tr><td><p>4 1</p></td><td><p>AD-HOC GRANTS</p></td><td><p>p.m.</p></td><td><p>&#160;</p></td><td><p>p.m.</p></td></tr><tr><td><p>4 2</p></td><td><p>COPERNICUS</p></td><td><p>p.m.</p></td><td><p>&#160;</p></td><td><p>p.m.</p></td></tr><tr><td><p>&#160;</p></td><td><p><span>Title 4 &#8212; Total</span></p></td><td><p><span>p.m.</span></p></td><td><p>&#160;</p></td><td><p><span>p.m.</span></p></td></tr><tr/><tr/><tr><td><p>&#160;</p></td><td><p><span>GRAND TOTAL</span></p></td><td><p><span>845&#160;432&#160;752</span></p></td><td><p><span>&#8211;16&#160;080&#160;000</span></p></td><td><p><span>829&#160;352&#160;752</span></p></td></tr></tbody></table> Establishment plan <table><col/><col/><col/><col/><col/><tbody><tr><td><p>Function group and grade</p></td><td><p>European Border and Coast Guard Agency (Frontex)</p></td></tr><tr><td><p>2023</p></td><td><p>2022</p></td></tr><tr><td><p>Authorized under the Union budget</p></td><td><p>Authorized under the Union budget</p></td></tr><tr><td><p>Permanent posts</p></td><td><p>Temporary posts</p></td><td><p>Permanent posts</p></td><td><p>Temporary posts</p></td></tr><tr/><tr/><tr><td><p>AD 16</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AD 15</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>1</p></td></tr><tr><td><p>AD 14</p></td><td><p>&#8212;</p></td><td><p>6</p></td><td><p>&#8212;</p></td><td><p>6</p></td></tr><tr><td><p>AD 13</p></td><td><p>&#8212;</p></td><td><p>15</p></td><td><p>&#8212;</p></td><td><p>15</p></td></tr><tr><td><p>AD 12</p></td><td><p>&#8212;</p></td><td><p>31</p></td><td><p>&#8212;</p></td><td><p>29</p></td></tr><tr><td><p>AD 11</p></td><td><p>&#8212;</p></td><td><p>36</p></td><td><p>&#8212;</p></td><td><p>38</p></td></tr><tr><td><p>AD 10</p></td><td><p>&#8212;</p></td><td><p>29</p></td><td><p>&#8212;</p></td><td><p>29</p></td></tr><tr><td><p>AD 9</p></td><td><p>&#8212;</p></td><td><p>94</p></td><td><p>&#8212;</p></td><td><p>64</p></td></tr><tr><td><p>AD 8</p></td><td><p>&#8212;</p></td><td><p>248</p></td><td><p>&#8212;</p></td><td><p>220</p></td></tr><tr><td><p>AD 7</p></td><td><p>&#8212;</p></td><td><p>120</p></td><td><p>&#8212;</p></td><td><p>156</p></td></tr><tr><td><p>AD 6</p></td><td><p>&#8212;</p></td><td><p>50</p></td><td><p>&#8212;</p></td><td><p>58</p></td></tr><tr><td><p>AD 5</p></td><td><p>&#8212;</p></td><td><p>20</p></td><td><p>&#8212;</p></td><td><p>34</p></td></tr><tr><td><p>Subtotal AD</p></td><td><p>&#8212;</p></td><td><p>650</p></td><td><p>&#8212;</p></td><td><p>650</p></td></tr><tr><td><p>AST 11</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST 10</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST 9</p></td><td><p>&#8212;</p></td><td><p>5</p></td><td><p>&#8212;</p></td><td><p>6</p></td></tr><tr><td><p>AST 8</p></td><td><p>&#8212;</p></td><td><p>11</p></td><td><p>&#8212;</p></td><td><p>10</p></td></tr><tr><td><p>AST 7</p></td><td><p>&#8212;</p></td><td><p>10</p></td><td><p>&#8212;</p></td><td><p>11</p></td></tr><tr><td><p>AST 6</p></td><td><p>&#8212;</p></td><td><p>18</p></td><td><p>&#8212;</p></td><td><p>18</p></td></tr><tr><td><p>AST 5</p></td><td><p>&#8212;</p></td><td><p>115</p></td><td><p>&#8212;</p></td><td><p>92</p></td></tr><tr><td><p>AST 4</p></td><td><p>&#8212;</p></td><td><p>489</p></td><td><p>&#8212;</p></td><td><p>511</p></td></tr><tr><td><p>AST 3</p></td><td><p>&#8212;</p></td><td><p>1</p></td><td><p>&#8212;</p></td><td><p>2</p></td></tr><tr><td><p>AST 2</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST 1</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Subtotal AST</p></td><td><p>&#8212;</p></td><td><p>650</p></td><td><p>&#8212;</p></td><td><p>650</p></td></tr><tr><td><p>AST/SC 6</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 5</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 4</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 3</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 2</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>AST/SC 1</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Subtotal AST/SC</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p><span>Total</span></p></td><td><p><span>&#8212;</span></p></td><td><p><span>1&#160;300</span></p></td><td><p><span>&#8212;</span></p></td><td><p><span>1&#160;300</span></p></td></tr><tr><td><p><span>Grand Total</span></p></td><td><p><span>1&#160;300</span></p></td><td><p><span>1&#160;300</span></p></td></tr></tbody></table> Estimate of number of contract staff (expressed in full-time equivalents) and seconded national experts <table><col/><col/><col/><tbody><tr><td><p>Contract staff posts</p></td><td><p>2023</p></td><td><p>2022</p></td></tr><tr/><tr/><tr><td><p>FG IV</p></td><td><p>836</p></td><td><p>821</p></td></tr><tr><td><p>FG III</p></td><td><p>100</p></td><td><p>100</p></td></tr><tr><td><p>FG II</p></td><td><p>25</p></td><td><p>25</p></td></tr><tr><td><p>FG I</p></td><td><p>18</p></td><td><p>18</p></td></tr><tr><td><p>Standing Corps and ETIAS &#8211; COM(2018) 631</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Total</p></td><td><p>979</p></td><td><p>964</p></td></tr><tr/><tr/><tr><td><p>Seconded national experts posts</p></td><td><p>220</p></td><td><p>220</p></td></tr><tr><td><p>Total</p></td><td><p>1&#160;199</p></td><td><p>1&#160;184</p></td></tr></tbody></table> ( 1 ) All amounts in this budget document are expressed in euro unless otherwise indicated. ELI: http://data.europa.eu/eli/C/2023/698/oj ISSN 1977-091X (electronic edition)
ENG
32023B00698
<table><col/><col/><col/><col/><tbody><tr><td><p>28.1.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 24/29</p></td></tr></tbody></table> COMMISSION IMPLEMENTING DECISION (EU) 2019/121 of 24 January 2019 on a measure taken by Germany pursuant to Directive 2006/42/EC of the European Parliament and of the Council, to prohibit the placing on the market of CNC milling machine (models UMC750SS and UMC750) manufactured by Haas Automation Europe N.V. (notified under document C(2019) 307) (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC ( 1 ) , and in particular Article 11(3) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 12&#160;October 2017, Germany informed the Commission of a safeguard measure taken on 12&#160;September 2017 to prohibit the placing on the market of CNC milling machine models UMC750SS and UMC750 (&#8216;CNC milling machines&#8217;), manufactured by Haas Automation Europe N.V., Mercuriusstraat 28, B-1930 Zaventem (the &#8216;manufacturer&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Germany took the measure considering that the CNC milling machines did not conform to the essential health and safety requirements set out in section 1.5.13 of Annex I to Directive 2006/42/EC. The essential health and safety requirement 1.5.13 on emissions of hazardous materials and substances requires that machinery is designed and constructed in such a way that risks of inhalation, ingestion, contact with the skin, eyes and mucous membranes and penetration through the skin of hazardous materials and substances which it produces can be avoided. In this regard, Germany indicated that the CNC milling machines were emitting cooling lubricant vapours without an extraction system.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>After receiving the notification of the safeguard measure from Germany, the Commission entered into consultation with the parties concerned in order to hear their views.&#160;The Commission sent a letter to the manufacturer on 24&#160;April 2018. In its reply of 27&#160;April 2018, the manufacturer informed the Commission that the products were voluntarily not placed on the German market anymore and that the manufacturer has officially closed the case with the German authorities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Examination of the justification provided by Germany with respect to the safeguard measure, the documentation available and the comments expressed by the manufacturer demonstrate that the CNC milling machines fail to satisfy the essential health and safety requirement set out in section 1.5.13 of Annex I to Directive 2006/42/EC. That deficiency is liable to compromise the health and safety of persons.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Therefore, the safeguard measure taken by Germany should be considered as justified,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The measure taken by Germany, prohibiting the placing on the market of CNC milling machine models UMC750SS and UMC750 manufactured by Haas Automation Europe N.V., Mercuriusstraat 28, B-1930 Zaventem, is justified. Article 2 This Decision is addressed to the Member States. Done at Brussels, 24 January 2019. For the Commission Elżbieta BIEŃKOWSKA Member of the Commission <note> ( 1 ) OJ L 157, 9.6.2006, p. 24 . </note>
ENG
32019D0121
<table><col/><col/><col/><col/><tbody><tr><td><p>25.4.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 110/16</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2019/648 of 15 April 2019 repealing Implementing Regulation (EU) No 113/2014 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 Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code ( 1 ) , and in particular Article 57(4) and Article 58(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>By Implementing Regulation (EU) No 113/2014&#160;<a>(<span>2</span>)</a>, the Commission classified an apparatus designed to capture a sequence of images and incorporating a volatile internal memory able to temporarily store those images (so-called &#8216;high speed camera&#8217;), under CN code 8525&#160;80&#160;19 as other television cameras.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>In its judgement in Case C-372/17&#160;<a>(<span>3</span>)</a>, the Court of Justice ruled that Implementing Regulation (EU) No 113/2014 is invalid.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>For reasons of legal certainty, provisions which have been declared invalid by the Court of Justice should be formally removed from the legal order of the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Implementing Regulation (EU) No 113/2014 should therefore be repealed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Implementing Regulation (EU) No 113/2014 is repealed. 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, 15 April 2019. For the Commission, On behalf of the President, Stephen QUEST Director-General Directorate-General for Taxation and Customs Union <note> ( 1 ) OJ L 269, 10.10.2013, p. 1 . ( 2 ) Commission Implementing Regulation (EU) No 113/2014 of 4 February 2014 concerning the classification of certain goods in the Combined Nomenclature ( OJ L 38, 7.2.2014, p. 20 ). ( 3 ) Judgment of the Court of Justice of 13 September 2018, Vision Research Europe , C-372/17, EU:C:2018:708. </note>
ENG
32019R0648
<table><col/><col/><col/><col/><tbody><tr><td><p>29.10.2018&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 270/3</p></td></tr></tbody></table> COMMISSION DECISION (EU) 2018/1616 of 18 May 2018 on the measure SA.12594 (C13a/2003) (ex NN/2002) implemented by France for Orange (France Télécom) (notified under document C(2018) 2882) (Only the French text is authentic) (Text with EEA relevance) 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 those comments, Whereas: 1. PROCEDURE 1.1. The administrative procedure <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>By letter dated 31&#160;January 2003, the Commission informed France of its decision to open the formal investigation procedure provided for in Article 88(2) of the Treaty establishing the European Economic Community&#160;<a>(<span>2</span>)</a> (&#8216;the opening decision&#8217;) in respect of financial measures introduced by the French authorities for France T&#233;l&#233;com (&#8216;France T&#233;l&#233;com&#8217; or &#8216;FT&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The opening decision was notified to France on 31&#160;January 2003. After a number of substantive errors had been corrected, a corrigendum was notified to France on 7&#160;March 2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>France communicated additional information to the Commission by letters dated 4&#160;April 2003, 15&#160;May 2003 and 29&#160;January 2004.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The Commission decision to initiate the procedure was published in the<span>Official Journal of the European Union</span>&#160;<a>(<span>3</span>)</a>. The Commission invited interested third parties to submit their comments on the aid measures in question.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The Commission received comments from interested third parties.&#160;The Commission forwarded the comments to France on 16&#160;May 2003. It received France's comments by letters dated 30 June and 29&#160;July 2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>On 30&#160;May 2003, the Commission published an invitation to tender for a contract &#8216;for the provision of services to assist in assessing the compliance of the financial assistance granted to France T&#233;l&#233;com with the principle of the private investor in a market economy and if necessary to analyse France T&#233;l&#233;com's recovery plan&#8217;&#160;<a>(<span>4</span>)</a>. On 24&#160;September 2003, the contract for the provision of services was awarded to the firm NERA (&#8216;NERA&#8217;, or &#8216;the consultant&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The Commission sent the French authorities the NERA report of 28&#160;April 2004 (&#8216;the NERA report&#8217;), which consists of a legal part and an economic part. On 9 and 21&#160;June 2004, the French authorities submitted comments on the NERA report.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>On 3&#160;August 2004, the Commission notified the French authorities of its decision of 2&#160;August 2004, declaring that the shareholder loan granted by France to France T&#233;l&#233;com in December 2002 in the form of a EUR 9 billion credit line constituted State aid incompatible with the internal market&#160;<a>(<span>5</span>)</a>.</p></td></tr></tbody></table> 1.2. Judicial proceedings following the decision of 2 August 2004 <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The French Republic, France T&#233;l&#233;com and the Bouygues companies each brought an action for annulment of the Commission's decision. By judgment of 21&#160;May 2010, the General Court annulled the Commission's decision&#160;<a>(<span>6</span>)</a>. The Court found that the Commission had failed to demonstrate that the announcement on 4&#160;December 2002 involved a transfer of State resources.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The Commission and the Bouygues companies brought an appeal against the judgment of 21&#160;May 2010. By judgment of 19&#160;March 2013 (&#8216;the Bouygues judgment&#8217;), the Court of Justice set aside the judgment of 21&#160;May 2010 and referred Cases T-425/04, T-444/04 and T-450/04 back to the General Court for a ruling on the pleas in law raised and the applications submitted to it which it had not previously ruled on&#160;<a>(<span>7</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>In that regard, the Court found that, in the contested decision, the Commission had not expressed a view on the argument raised by the Bouygues companies in their complaint of 22&#160;January 2003, according to which the declarations from July 2002 constituted, in themselves, State aid.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>Next, the Court held that, as State interventions take various forms and have to be assessed in relation to their effects, it cannot be excluded that several consecutive measures of State intervention must, for the purposes of Article 107(1) TFEU, be regarded as a single intervention.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>The Court of Justice went on to conclude that, having found that it was necessary to identify a reduction of the State budget or a sufficiently concrete economic risk of burdens on that budget, closely linked and corresponding to, or having as a counterpart, a specific advantage deriving either from the announcement of 4&#160;December 2002 or from the shareholder loan offer of 20&#160;December 2002, the General Court had erred in law by applying a test that immediately excluded those State interventions, depending on their links with one another and their effects, from being regarded as a single intervention. However, the Commission was right in its decision to examine the two measures together, since the first measure was clearly inseparable from the second measure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>In the judgment of 2&#160;July 2015, the General Court found that the Commission's decision was vitiated by errors of law and manifest errors of assessment as regards the application of the prudent private investor test&#160;<a>(<span>8</span>)</a>. The Court therefore annulled the Commission's decision.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>The Commission appealed against that judgment. That appeal was dismissed by the Court of Justice in its judgment of 30&#160;November 2016&#160;<a>(<span>9</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>The Commission must therefore adopt a new decision concluding the formal investigation procedure provided for in Article 108(2) TFEU, which it opened on 31&#160;January 2003.</p></td></tr></tbody></table> 2. DESCRIPTION OF FACTS <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>France T&#233;l&#233;com, an operator and supplier of telecommunications networks and services, was formed in 1991 as a legal person governed by public law, and since 31&#160;December 1996 has had the status of a public limited company. Since October 1997, France T&#233;l&#233;com has been listed on the stock exchange. In 2002 the French State's participation in France T&#233;l&#233;com's capital was 56,45&#160;%, the remainder of the shares being divided between the public (32,25&#160;%), FT itself (8,26&#160;%) and employees of the company (3,04&#160;%). On 1&#160;July 2013, France T&#233;l&#233;com changed its name to Orange.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>A detailed description of FT's financial situation is set out in recitals 16 to 61 of the annulled decision of 2&#160;August 2004.</p></td></tr></tbody></table> 2.1. France Télécom's financial situation in the first half of 2002 and the events of that period <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>The analysis under the State aid rules of a State's conduct must be carried out using the data and information available at the time of each state intervention. Given that the present case concerns events that occurred in 2002, it is essential to set out chronologically the evidence available from the time of publication of the results for the 2001 financial year.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>France T&#233;l&#233;com was, from June 2002 onwards, a company with serious structural problems and an unbalanced balance sheet. The 2001 accounts showed improved operating results and substantial cash flow generation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>France T&#233;l&#233;com was forced to announce, on 21&#160;March 2002, not only<span>a major clean-up</span> of its balance sheet through balance sheet provisions and asset disposals totalling EUR 27,2 billion, but also a substantial increase in the available cash flow to the tune of EUR 14 billion for the period 2002-2005.</p></td></tr></tbody></table> 2.1.1. France Télécom's credit rating <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>During the first half of 2002, France T&#233;l&#233;com's situation worsened rapidly, as reflected in a series of downgrades in the Company's credit rating. Thus, on 27&#160;March 2002, the Moody's credit rating agency announced a downgrading of France T&#233;l&#233;com's rating for long-term debt. On 28&#160;March 2002, Standard &amp; Poor's (&#8216;S&amp;P&#8217;) maintained France T&#233;l&#233;com's rating but downgraded its prospects to negative following news concerning Mobilcom&#160;<a>(<span>10</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>On 13&#160;May 2002, Moody's, doubting the Company's capacity to implement its debt-reduction strategy, announced a possible downgrade of France T&#233;l&#233;com's short-term debt rating. On 14&#160;May 2002, Standard &amp; Poor's maintained France T&#233;l&#233;com's existing rating.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>On 24&#160;June 2002, Moody's downgraded France T&#233;l&#233;com's rating. The Company's prospective rating was maintained at a negative level. Moody's decision at that time was based on the fact that the agency did not expect France T&#233;l&#233;com to be in a position to generate sufficient cash flow to reduce the group's consolidated debt. The rating agency pointed out that France T&#233;l&#233;com was confronted with debts of about EUR 15 billion falling due in&#160;2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>On 25&#160;June 2002, Standard &amp; Poor's downgraded France T&#233;l&#233;com's short- and long-term debt rating, basing its decision on the difficulties concerning Mobilcom and France T&#233;l&#233;com's inability to reduce its debt far and fast enough. S&amp;P also refers to the EUR 15 billion of debt falling due in 2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>On 12&#160;July 2002, Standard &amp; Poor's even drew attention to a potential problem involving the refinancing of the debt falling due in 2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>The table summarises the various positions of S&amp;P, Moody's and Fitch regarding France T&#233;l&#233;com's rating:</p><p><span>Events connected with credit ratings</span></p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>S&amp;P</p></td><td><p>Moody's</p></td><td><p>Fitch</p></td></tr><tr><td><p>Short-term</p></td><td><p>Long-term</p></td><td><p>Short-term</p></td><td><p>Long-term</p></td><td><p>Short-term</p></td><td><p>Long-term</p></td></tr><tr><td><p>Situation in May 2002</p></td><td><p>A2</p></td><td><p>BBB+</p></td><td><p>P2</p></td><td><p>Baa1</p></td><td><p>F2</p></td><td><p>BBB+</p></td></tr><tr><td><p>24 June 2002</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>P3</p></td><td><p>Baa3</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>25 June 2002</p></td><td><p>A3</p></td><td><p>BBB</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>5 July 2002</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>F3</p></td><td><p>BBB-</p></td></tr><tr><td><p>12 July 2002</p></td><td><p>&#160;</p></td><td><p>BBB-</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p><span>Source:</span> NERA.</p></td></tr></tbody></table></td></tr></tbody></table> 2.1.2. France Télécom's share price <table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>At the same time, France T&#233;l&#233;com's share price fell significantly during the first half of 2002, reaching its lowest level first on 27&#160;June 2002 (EUR 7,79), and then on 30&#160;September 2002 (EUR 6,01).</p></td></tr></tbody></table> 2.2. The events of July 2002 <table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>In an interview published in<span>Les Echos</span> on 12&#160;July 2002, the French Minister for Economic Affairs, Finance and Industry (&#8216;the Minister for Economic Affairs and Finance&#8217;) confirmed more than once that if France T&#233;l&#233;com were to face any financing problems, the State would take whatever measures were necessary to overcome them. The precise wording of the published interview is as follows:</p><p>&#8216;You mention market excesses.&#160;France T&#233;l&#233;com's share price is highly volatile. You are the majority shareholder in the company, do you have a message to convey?</p><p>We are the majority shareholder, with 55&#160;% of the capital; there is clearly no question of our &#8220;renationalising&#8221; the company, as I have sometimes heard it said. I feel responsible for the State's financial interests.&#160;The State shareholder will behave like a prudent investor and would take appropriate steps if France T&#233;l&#233;com were to face any difficulties.</p><p>Was the State behaving like a prudent investor when it let France T&#233;l&#233;com get deeper into debt, by moving, for example, into Germany?</p><p>It is not for me to criticise my predecessors.&#160;I would point out that the entire industry was pursuing the same strategy at the same time. Having said that, the ideologically motivated retention of a majority holding has not made it any easier to internationalise France T&#233;l&#233;com, as it has not been able to pay for its acquisitions with shares.&#160;Hence the indebtedness.&#160;I repeat, if France T&#233;l&#233;com were to face any financing problems, which is not the case today, the State would take whatever decisions were necessary to overcome them.</p><p>You are reviving the rumour of a capital increase &#8230;</p><p>No, certainly not! I am simply saying that we shall take appropriate measures when the time comes.&#160;If it is necessary.&#8217;&#160;<a>(<span>11</span>)</a></p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>On that same day, S&amp;P downgraded France T&#233;l&#233;com's rating to BBB-. That downgrade was nevertheless limited to a rating still qualifying as investment grade: any further downgrade would have led to the Company's debt being accorded junk-bond status, as being no longer of investment grade.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p>In its press release of 12&#160;July 2002, S&amp;P states that the reason why it had decided to maintain France T&#233;l&#233;com at investment grade was to do with the State's indications as to its intentions towards the Company: &#8216;FT could face certain difficulties refinancing its debt obligations coming due in 2003. Nevertheless, the State's indication underpins France T&#233;l&#233;com's investment-grade credit quality.&#8217; That assurance had been provided, firstly, directly by the French Government to S&amp;P: &#8216;the French State &#8212; which owns 55&#160;% of France T&#233;l&#233;com &#8212; has clearly indicated to Standard &amp; Poor's that it will behave as an aware investor and would take appropriate steps if France T&#233;l&#233;com were to face any difficulties.&#160;<span>France T&#233;l&#233;com LT rating cut to BBB-</span>&#8217;&#160;<a>(<span>12</span>)</a>, and, secondly, publicly in the interview referred to in paragraph 29.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(32)</p></td><td><p>In the light of the above, it appears that in July 2002, France T&#233;l&#233;com was facing a crisis of confidence. Rating agencies and analysts alike were convinced that France T&#233;l&#233;com risked not being able to implement the refinancing plan presented by its management in order to meet its maturities.&#160;France T&#233;l&#233;com was therefore faced with an acute financing problem linked to its indebtedness.&#160;Nevertheless, the agencies had maintained the Company's rating at investment grade on the strength of the State's indications.&#160;A downgrading of the rating would have worsened the crisis and lessened the Company's ability to cope.</p></td></tr></tbody></table> 2.3. The data published on 13 September 2002 and events at that time 2.3.1. The data published on 13 September 2002 <table><col/><col/><tbody><tr><td><p>(33)</p></td><td><p>In September 2002, France T&#233;l&#233;com's half-yearly accounts showed an improvement in France T&#233;l&#233;com's figures in the first half of 2002 compared with the previous year: an increase of 10&#160;% in turnover, 13,2&#160;% in EBITDA and 17,3&#160;% in the operating result. The sustained growth in mobile telephony and the improved performance of&#160;the internet business were also noted. However, the operating result of the fixed telephony segment in France,&#160;which accounted for 31&#160;% of turnover for the same period, was down by 12,2&#160;%. Earnings after interest (EUR&#160;1,75&#160;billion) but before taxes, shareholdings and minority interests, exclusive of extraordinary items, were EUR&#160;718&#160;million against EUR 271 million as at 30&#160;June 2001. The operating free cash flow amounted to EUR&#160;3,6&#160;billion, up 15&#160;% on the first six months of 2001.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(34)</p></td><td><p>Alongside the good operating results described above, France T&#233;l&#233;com confirmed the imbalance in its financial situation. The negative result of EUR 12,2 billion as at 30&#160;June 2002 was primarily due to the substantial provisions made for investments.&#160;As a result of that half-year loss, France T&#233;l&#233;com's consolidated own funds became negative as at 30&#160;June 2002 to the tune of EUR 440 million.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(35)</p></td><td><p>An analysis of cash flow as at 30&#160;June 2002 shows that net debt increased during the first half of 2002 by EUR&#160;6,3&#160;billion, inasmuch as EBITDA, at EUR 6,870 billion, did not cover expenditure represented by:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>debt interest (EUR 3&#160;099 million),</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>investments (EUR 3&#160;820 million),</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the repurchase of France T&#233;l&#233;com shares from Vodafone (EUR 4&#160;973 million),</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the repurchase of Orange shares from E.On (EUR 950 million),</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the payment of taxes (EUR 608 million).</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(36)</p></td><td><p>Of a net indebtedness of EUR 69,69 billion as at 30&#160;June 2002, the bulk, or EUR&#160;50,6 billion worth, is made up of bonds.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(37)</p></td><td><p>The maturity schedule of that debt is characterised by its short duration, EUR 12,9 billion maturing in 2003. During the first half of 2004, EUR 11,9 billion worth of bonds came due, followed by EUR 5,4 billion in the second half of 2004. In all of 2005, a total of EUR 18,6 billion came due.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(38)</p></td><td><p>Therefore, in September 2002, FT faced the prospect of a total repayable debt of EUR 48,9 billion during the period 2003-2005.</p></td></tr></tbody></table> 2.3.2. The events of September and October 2002 <table><col/><col/><tbody><tr><td><p>(39)</p></td><td><p>On 12&#160;September 2002, the French authorities announced that they had accepted the resignation of France T&#233;l&#233;com's CEO.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(40)</p></td><td><p>On 13 September, the Government reiterated in a press release its support for France T&#233;l&#233;com and expressly indicated that it had decided to take part in a forthcoming operation aimed at increasing France T&#233;l&#233;com's own funds: &#8216;&#8230; After the exceptional losses of the first six months, France T&#233;l&#233;com is faced with a serious shortage of capital. &#8230; The Government is therefore determined to exercise its responsibilities to the full &#8230; The new chairman will propose to the board a plan for improving the company's accounts, enabling its debts to be reduced and its financial structure to be restored while maintaining its strategic advantages.&#160;The State will help France T&#233;l&#233;com implement this plan and will contribute to a very substantial strengthening of the company's capital base, according to a timetable and in a manner to be determined in the light of market conditions.&#160;In the meantime, the State will, if necessary, take steps to prevent the company from being faced with any financing difficulties &#8230;&#8217;&#160;<a>(<span>13</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(41)</p></td><td><p>That same day, Moody's changed the outlook of France T&#233;l&#233;com's debt from negative to stable owing to the restated commitment to support the Company&#160;<a>(<span>14</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(42)</p></td><td><p>On 2&#160;October 2002, in a press release, the Government repeated its commitments: &#8216;the new chairman will immediately carry out an inventory of the company, the findings of which will be communicated to the board &#8230; and which will form the basis for a financial recovery and strategic development plan enabling the company's debt to be reduced while building on its strengths. Within this framework, Thierry Breton will enjoy the support of the State in its capacity as shareholder, determined as it is to exercise its responsibilities to the full. The State will assist in implementing the recovery measures and will contribute, for its part, to the strengthening of the company's own capital base in a manner to be determined in close collaboration with the company's chairman and board. As has already been indicated, the State will, if necessary, take steps in the meantime to prevent the company from being faced with any financing difficulties&#8217;&#160;<a>(<span>15</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(43)</p></td><td><p>France T&#233;l&#233;com's share price rebounded on 2&#160;October 2002 (up more than 10,4&#160;% on the previous week) following the announcement of the appointment of the new CEO.</p></td></tr></tbody></table> 2.4. The events of December 2002 and January 2003 and the ‘Ambition FT 2005’ plan <table><col/><col/><tbody><tr><td><p>(44)</p></td><td><p>On 4&#160;December 2002, an action plan entitled &#8216;Ambition FT 2005&#8217;&#160;<a>(<span>16</span>)</a> (the &#8216;Ambition 2005 plan&#8217;) was presented by France T&#233;l&#233;com's new management, being aimed at bringing about a noticeable improvement in the Company's operational performance and offering the prospect of a satisfactory return on capital invested. Thus, the medium-term objectives were to meet France T&#233;l&#233;com's financing requirements and to achieve a net reduction in debt and a reconstitution of capital.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(45)</p></td><td><p>The action plan is based on the following components: (i) the Total Operational Performance Plan (&#8216;the TOP plan&#8217;), whereby France T&#233;l&#233;com will have to generate an additional EUR 15 billion of cash flow from its own resources; (ii) EUR 15 billion to be raised from the shareholders to strengthen the Company's capital base; and (iii) EUR 15 billion to be raised from the bond and banking markets.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(46)</p></td><td><p>In terms of own resources, the TOP plan includes internal savings designed to improve the Company's operating performance and increase free cash flow with a EUR 15 billion reduction in debt by 2005. These measures are accompanied by asset disposals.&#160;The TOP plan is the main pillar of France T&#233;l&#233;com's overall recovery plan. It needs to show that the Company is prepared to make a swift and significant contribution to the efforts required to bring its debt back down to normal levels for this sector by the end of 2005. Regarding the increase in cash flow over three years, the TOP plan consists of the reduction and optimisation of investments (with savings of 40&#160;% to 45&#160;%); a reduction in operating costs (savings of 35&#160;% to 40&#160;%); and an optimisation of the working capital requirement (savings of 20&#160;% to 25&#160;%).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(47)</p></td><td><p>The TOP plan has considerable implications for the Company's management and organisation, particularly in terms of operating expenses, jobs and above all investment. It predicts annual growth in turnover, EBITDA and operational cash flow during the period 2003-2005.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(48)</p></td><td><p>The asset disposal plan is in line with the disposals already undertaken by France T&#233;l&#233;com to restructure its operations in 2001. Its aim is to minimise the level of indebtedness without jeopardising the Company's ability to generate increasing free cash flow. Achieving this goal requires the Company to refocus on its core business, without undermining France T&#233;l&#233;com's ambition to be a telecommunications operator integrating all telecommunications services.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(49)</p></td><td><p>Strengthening France T&#233;l&#233;com's capital base would entail a significant capital increase. The contribution from the State and other private shareholders would be proportional to their shareholding and would be EUR 9 billion and EUR 6 billion, respectively.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(50)</p></td><td><p>To that end, the French Government and France T&#233;l&#233;com gathered together a banking syndicate, which agreed to underwrite, when the time came, the portion of the capital increase intended for private investors.&#160;Like the Government's decision to invest, the banks' commitment was contingent on the announcement to the market of a credible plan with management measures and strategic changes able to convince the market, as well as cash flow forecasts showing the prospect of satisfactory free cash flow.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(51)</p></td><td><p>The State and private investors participating in the operation to strengthen the Company's capital base, in line with the TOP plan, could expect a rate of return on investment of 16,7&#160;% in 2004 and 21,5&#160;% in 2005, based on France T&#233;l&#233;com's operating results of EUR 11,1 billion and EUR 13,9 billion in 2004 and 2005 respectively.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(52)</p></td><td><p>According to the French authorities, the strengthening of the Company's capital base could not take place immediately given the situation on the financial markets, especially as far as telecoms stocks were concerned. There were also other factors to consider, such as the length of time it would take to launch such an operation and the need to call an extraordinary general meeting and prepare financial statements.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(53)</p></td><td><p>The French authorities also stressed that it would be better both for France T&#233;l&#233;com and its shareholders that such an operation take place after the market had fully integrated the prospects of operational improvement and had been able to assess its initial results or tangible signs.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(54)</p></td><td><p>In these circumstances, and in order to give France T&#233;l&#233;com the necessary room for manoeuvre to enter the market under the best possible conditions, the French State declared that as majority shareholder, it was prepared to make an upfront prepayment towards the capital increase. To that end, it would ensure that a temporary shareholder loan in the form of a credit line was made available to France T&#233;l&#233;com, any amount drawn by France T&#233;l&#233;com being consolidated when new share capital was issued. The maximum loan that could be made available to France T&#233;l&#233;com was EUR 9 billion, which corresponded to the State's future contribution to strengthening the Company's capital base. The conversion of the loan into securities was obligatory upon completion of the operation to strengthen the capital base.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(55)</p></td><td><p>The action plan stipulated that the loan would only be drawn upon to the extent that France T&#233;l&#233;com required, considering its cash flow plan. It would also be remunerated at the prevailing market rates and the interest would be capitalised. It would thus appear that the granting and making available of the shareholder loan would not be remunerated as such, and that interest would be charged only on the amount drawn against the loan, at a rate equal to Euribor plus a margin established by reference to the average spread recorded at that time on the four main France T&#233;l&#233;com bond lines compared with the corresponding swap rate, plus 1&#160;%. It was also stipulated that, whatever the date on which these drawings were made, the margins applicable to the drawings would be increased automatically by 0,35&#160;% from the sixth month following the date of the first drawing and by 0,7&#160;% from the 12th month following the date of the first drawing. The French authorities pointed out that the terms for launching the December bond issues were more favourable for France T&#233;l&#233;com than those granted by the State, as the main shareholder, for making funds available for a potential loan. The French authorities explained that, on comparable terms (floating rate swap), the euro tranche of the bond issue corresponded to Euribor&#160;+&#160;290 bp, or around 100 bp below that of the shareholder loan, whereas the bond was due to mature long after the loan.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(56)</p></td><td><p>In order to proceed with the shareholder loan, the French authorities planned to use a vehicle, the Entreprise de Recherches et d'Activit&#233;s P&#233;troli&#232;res (ERAP), a French public industrial and commercial entity, which would be responsible for holding the State participation in France T&#233;l&#233;com and reflected the State's intention to identify clearly the financial outlay being granted by isolating it in a dedicated structure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(57)</p></td><td><p>The French authorities said that ERAP would initially borrow from the State to subscribe to the capital increase, before turning to the bond markets.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(58)</p></td><td><p>The presentation of the Ambition 2005 plan was accompanied by a press release of the Minister for Economic Affairs and Finance, dated 5&#160;December 2002, in which the Government confirmed its support for the plan, its commitment to take part in the operation to strengthen the Company's capital base and the making available of a shareholder loan in the form of a EUR 9 billion credit line. The relevant paragraphs of the press release are as follows: &#8216;Francis Mer, Minister for Economic Affairs, Finance and Industry, confirms the State's support for the action plan approved by France T&#233;l&#233;com's board of directors on 4 December. (1) The France T&#233;l&#233;com group is a coherent industrial entity with a remarkable track record. However, the company is now faced with an unbalanced financial structure and a need for capital and refinancing in the medium term. This state of affairs is due to the failure of past investments, which were carried out badly at the height of the financial &#8220;bubble&#8221; and, more generally, to the market downturn. The impossibility for France T&#233;l&#233;com to finance its growth otherwise than through debt has made the situation worse. (2) The State, as majority shareholder, has asked the new management to restore the company's financial equilibrium while maintaining the group's integrity &#8230; (3) In the light of the action plan drawn up by management and the investment return prospects, the State will participate in the EUR 15 billion strengthening of the company's capital base in proportion to its share in the capital, giving an investment of EUR 9 billion. The State shareholder thus intends to act like a prudent investor. It will be for France T&#233;l&#233;com to work out the detailed arrangements and precise timetable for the strengthening of its capital base. &#8230; To enable the company to launch a market operation at the most opportune moment, the State is prepared to make an upfront prepayment towards the strengthening of the capital base in the form of a temporary shareholder loan, remunerated at market rates, placed at France T&#233;l&#233;com's disposal. (4) The State's entire shareholding in France T&#233;l&#233;com will be transferred to a public industrial and commercial entity, ERAP. The latter will borrow on the financial markets in order to finance the State's share in the strengthening of the company's capital base.&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(59)</p></td><td><p>France T&#233;l&#233;com's share price continued its upward progress with the announcement of the TOP plan and of the new executive board on 5&#160;December 2002, which led to a rise of more than 25&#160;% in two days.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(60)</p></td><td><p>A few days after the presentation of the Ambition 2005 plan, France T&#233;l&#233;com launched two successive bond issues on 11 and 12&#160;December 2002 for a total amount of EUR 2,9 billion. The first bond issue was for a total&#160;amount of EUR 2,5 billion over seven years, at a fixed rate of 7&#160;%, or Euribor&#160;+&#160;290 bp.&#160;The second bond issue&#160;was placed on the pound sterling (GBP) market for an amount of GBP 250 million at a fixed rate of 8&#160;% over 15&#160;years, or LIBOR&#160;+&#160;330 bp.&#160;Other issues were made on 15&#160;January 2003 for a total amount of EUR 5,5&#160;billion. On 10&#160;February 2003, that part of the EUR 15 billion syndicated loan which had matured, namely approximately EUR 5 billion over three years at the rate Euribor&#160;+&#160;125 bp, was renewed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(61)</p></td><td><p>On 17&#160;December 2002, S&amp;P indicated that, since July 2002, the Government's support had been a key factor in maintaining France T&#233;l&#233;com's investment-grade status&#160;<a>(<span>17</span>)</a> and that its announcement concerning the shareholder loan and the commitment to subscribe, in proportion to its shareholding, to a EUR 15 billion recapitalisation operation had confirmed that support&#160;<a>(<span>18</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(62)</p></td><td><p>On 20 December, the French authorities sent the loan contract initialled and signed by ERAP to France T&#233;l&#233;com. France T&#233;l&#233;com never signed this contract.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(63)</p></td><td><p>France T&#233;l&#233;com ended the 2002 financial year with a loss of approximately EUR 21 billion and a net financial debt of almost EUR 68 billion.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(64)</p></td><td><p>On 4&#160;March 2003, the operation to strengthen the Company's capital base by EUR 15 billion as envisaged by the Ambition 2005 plan was launched. The operation was broadly successful and was terminated on 11 April.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(65)</p></td><td><p>The capital increase largely met the structural needs of France T&#233;l&#233;com's financing. Thus, following the operation, France T&#233;l&#233;com's credit rating began to improve: on 14&#160;May 2003 S&amp;P raised its rating to BBB, outlook stable (from A-3 to A-2 for its short-term rating) and on 8&#160;August 2003 Fitch raised its rating from BBB- to BBB.</p></td></tr></tbody></table> 3. COMMENTS FROM THIRD PARTIES <table><col/><col/><tbody><tr><td><p>(66)</p></td><td><p>The Commission has received comments from Cable and Wireless, C&#233;g&#233;tel, AFORS T&#233;l&#233;com, LDCOM, Tiscali, WorldCom France, Bouygues SA and Bouygues T&#233;l&#233;com, and Telecom Italia. Several interested parties (A, B and&#160;C) wished to keep their identity confidential.</p></td></tr></tbody></table> 3.1. Comments from Telecom Italia and WorldCom <table><col/><col/><tbody><tr><td><p>(67)</p></td><td><p>Telecom Italia and WorldCom stress that any aid granted to France T&#233;l&#233;com is likely to affect competition in the telecommunications markets, and in the French market in particular. It is therefore essential that the aid granted by the French authorities should be accompanied by compensatory measures aimed at reducing its impact on competition.</p></td></tr></tbody></table> 3.2. Comments from A, B and C <table><col/><col/><tbody><tr><td><p>(68)</p></td><td><p>According to A, B and C, the measures at issue constitute State aid. C argues that, in accordance with the Guidelines on State aid for rescuing and restructuring firms in difficulty&#160;<a>(<span>19</span>)</a> (&#8216;the Guidelines&#8217;), where public funding is provided to a firm which is in financial difficulties there is a presumption that State aid is involved. A, B and C state that the announcement of and terms governing the making available by the French State to France T&#233;l&#233;com of the EUR 9 billion credit line and the participation by the French State in the recapitalisation of France T&#233;l&#233;com involve aid elements.&#160;The prudent investor test is not satisfied as regards the arrangements for providing the credit line, inter alia, because of the interest rate proposed and the amount of the commitment fee. B and C also point out that the principle of concomitance has not been complied with insofar as the French authorities granted the credit line and announced their participation in the recapitalisation prior to the announcement of the Ambition 2005 plan and prior to the firm commitment of the investors.</p></td></tr></tbody></table> 3.3. Comments from Bouygues and Bouygues Télécom <table><col/><col/><tbody><tr><td><p>(69)</p></td><td><p>Bouygues Telecom points out that the support of the State is the cornerstone of France T&#233;l&#233;com's recapitalisation plan, which led to the Company's recovery. Thus, according to Bouygues Telecom, only the French State could restore the markets' confidence and create a virtuous circle enabling it to meet its short-term commitments and launch a huge recapitalisation operation under favourable economic conditions.&#160;According to Bouygues Telecom, the statements made by the Minister for Economic Affairs and Finance during the period from 12 July to 4&#160;December 2002 constitute a state guarantee committing the State's resources; likewise, the shareholder loan and the operation to strengthen the Company's capital base commit state resources.&#160;These measures constitute State aid. They confer advantages on France T&#233;l&#233;com which it would not have obtained under normal market conditions and do not satisfy the test of a prudent private investor operating under normal market conditions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(70)</p></td><td><p>As regards the statements by the Minister for Economic Affairs and Finance, the repeated support of the State, expressed in a series of announcements from 12&#160;July 2002 to 4&#160;December 2002 and supplemented by a series of measures including the opening of the EUR 9 billion credit line and the irrevocable commitment by the State to participate in a capital increase in proportion to its shareholding in France T&#233;l&#233;com, amounts to a commitment on its part, from which it cannot withdraw, to make good by all available means any failure by the Company to meet its financial commitments.&#160;Bouygues Telecom stresses here that this commitment constitutes a veritable state guarantee producing legal effects committing the State's resources.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(71)</p></td><td><p>In preparing its comments, Bouygues Telecom called on the services of an expert&#160;<a>(<span>20</span>)</a> who stated that it followed from a long line of judgments by the French administrative courts that the existence of a commitment entered into by an administrative authority must be assessed in the light, not of the commitment's form, but of its intrinsic characteristics.&#160;The expert remarked that that case law was expressly applied in the specific case of declarations: the administrative courts thus considered that, even where they were not accompanied by any specific legal act, the promises constituted commitments as they were the embodiment of the administrative authority's will. For there to be a commitment on the part of the State, it was sufficient for the authority to have behaved in such a way as to convince others that it would act in a certain manner. The declarations by the Minister for Economic Affairs and Finance satisfied all the criteria for being characterised as a commitment by the State. Those declarations were firm and precise and made without reservations, and could thus be construed as constituting commitments by the State vis-&#224;-vis France T&#233;l&#233;com, its creditors or its employees.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(72)</p></td><td><p>With regard to the shareholder loan and the operation to strengthen the Company's capital base, Bouygues Telecom maintains that, firstly, the opening of a EUR 9 billion credit line for the benefit of France T&#233;l&#233;com and, secondly, the irrevocable commitment by the State to participate in any future capital increase in proportion to its shareholding in the Company followed by the recapitalisation operation as such, are the implementation of the state guarantee and are financed by state resources.&#160;As a result, the measures at issue are financed by state resources, even if the credit line has ultimately not been used.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(73)</p></td><td><p>As regards the condition relating to the advantage, Bouygues Telecom points out that the occurrence giving rise to the guarantee took place subsequently to the reduction in France T&#233;l&#233;com's credit rating by the rating agencies with a view to restoring the market's confidence. The guarantee had the effect of enabling France T&#233;l&#233;com to gain renewed access to the financial markets.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(74)</p></td><td><p>As to the prudent private investor test, Bouygues Telecom argues that the support measures do not satisfy that test. Bouygues Telecom takes the view that the State's declarations constitute a firm and unconditional legal commitment which an investor would never have undertaken without entering the slightest reservation. It is therefore an unlimited guarantee granted to a company which is extraordinarily leveraged and fragile in the short term.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(75)</p></td><td><p>Bouygues Telecom argues that, in view of the prolonged crisis in the world economy and more particularly in a telecommunications sector undergoing transition, and bearing in mind the size of the sum in question, no private investor could have envisaged a capital increase of that amount without conditions and only a State of the creditworthiness of France could have coped with such uncertainty. It thus points out that the financing of the strengthening of the Company's capital base, covered entirely by debt without any own funds, would have affected the credit rating of any private investor who behaved in a similar way, whereas a State, on the other hand, can be punished only by its electors, who do not have the same objectives.&#160;The creditors and shareholders of the private investor would have asked for the investment to be backed by a business plan containing precise commitments, including the disposal of assets.&#160;Bouygues Telecom concludes that, at all events, a prudent investor whose financial capacity was comparable to that of the French State and who issued such a guarantee would not have inspired much confidence in the markets and that it is clear that it was due to the qualification of &#8216;sovereign debt&#8217; enjoyed by the State's commitments that confidence was restored.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(76)</p></td><td><p>Bouygues Telecom argues that the concomitance principle has not been complied with. Bouygues Telecom points out that the participation of private investors was neither certain nor significant at the time of the announcement by the Government of its participation in the capital increase, even if the date of taking the decision to invest is brought forward to 5 December. Where private investors are prepared to intervene only after the authorities have decided to grant aid, the fact that those investors are then prepared to intervene at the same time is no longer relevant. Such an intervention is the consequence of the support given by the State and not the result of a decision of a private investor. Hence, in the present case, the fact that a banking syndicate undertook to underwrite the transaction cannot be taken as a basis for concluding that the concomitance principle is complied with. The French authorities' decision to invest is firm and unconditional whereas that of the private investors is not, and the private investors made their contribution only after having received, on a number of occasions and with certainty, the assurance that the State would also participate in the transaction and especially that it would take every step to ensure that France T&#233;l&#233;com did not have any financing problems.</p></td></tr></tbody></table> 3.4. Comments from Cable & Wireless <table><col/><col/><tbody><tr><td><p>(77)</p></td><td><p>Cable &amp; Wireless expresses the view that the measures at issue constitute State aid. The market's confidence as a result of the announcement of the granting by the French authorities of the shareholder loan sufficed to confer an advantage on France T&#233;l&#233;com. Insofar as a prudent private investor would not have taken the decision to recapitalise a company such as France T&#233;l&#233;com, which was clearly inefficient prior to the adoption of the Ambition 2005 plan, the Company enjoyed an advantage which it would not have secured under normal market conditions.</p></td></tr></tbody></table> 3.5. Comments from AFORS Télécom <table><col/><col/><tbody><tr><td><p>(78)</p></td><td><p>AFORS T&#233;l&#233;com (Association fran&#231;aise des Op&#233;rateurs de R&#233;seaux et Services de T&#233;l&#233;communications) observes that the measures at issue constitute State aid. Through a series of step-by-step decisions taken in the course of 2002 until the opening of a EUR 9 billion credit line made available to France T&#233;l&#233;com, the French authorities restored investors' confidence by giving formal status to their support. Moreover, even if the credit line opened by ERAP were never used by France T&#233;l&#233;com, it symbolises the guarantee of state support and hence mobilises state resources within the meaning of Article 107(1) TFEU.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(79)</p></td><td><p>The terms on which the credit line was granted and the terms governing its remuneration do not satisfy the tests of the prudent private investor principle. AFORS T&#233;l&#233;com argues that France T&#233;l&#233;com's financial failings since 2000 could not have happened in the presence of a prudent investor. The State's support has had the effect of preventing any further downgrading of France T&#233;l&#233;com's credit rating by the rating agencies, which has made it possible to speed up France T&#233;l&#233;com's return to the market and the refinancing of its debt under less onerous financial conditions.&#160;Hence, it is the credibility of the French State that determined the conditions of France T&#233;l&#233;com's return to the financial markets.</p></td></tr></tbody></table> 3.6. Comments from Cégétel <table><col/><col/><tbody><tr><td><p>(80)</p></td><td><p>C&#233;g&#233;tel maintains that there are two separate measures: the announcement by the French authorities of the granting of a shareholder loan to France T&#233;l&#233;com, and the participation by the State in the recapitalisation of France T&#233;l&#233;com.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(81)</p></td><td><p>As regards the first measure, C&#233;g&#233;tel remarks that the situation of a company with a private reference shareholder and that of a company with a public majority shareholder are not comparable. C&#233;g&#233;tel explained that a similar announcement made by a private shareholder would have been received with the greatest circumspection by the rating agencies.&#160;C&#233;g&#233;tel concludes from this that the mere fact of being backed by the State confers a considerable advantage vis-&#224;-vis investors and prevented any further downgrading of France T&#233;l&#233;com's credit rating by the rating agencies despite the fact that the operator appeared to be in an insoluble situation. C&#233;g&#233;tel maintains that the French State granted aid to France T&#233;l&#233;com even before an agreement for the granting of a EUR 9 billion credit line was signed as the announcement of support was sufficient to render this emergency financing unnecessary. Lenders were thus certain that France T&#233;l&#233;com could never default on its payments inasmuch as the State would always be ready to grant it the funds it needed to honour its commitments, and this enabled France T&#233;l&#233;com to obtain financing directly on the market. France T&#233;l&#233;com has therefore received advantages which it would not have secured under normal market conditions.&#160;The recourse to the bond market enabled it to avoid having to resort exclusively to financial institutions in order to cope with its liquidity crisis and suffering all the constraints linked to that type of financing. C&#233;g&#233;tel maintains that the terms of grant of the credit line by the French authorities are not in keeping with those that a prudent investor holding such investments would require.</p></td></tr></tbody></table> 3.7. Comments from LDCOM ( 21 ) <table><col/><col/><tbody><tr><td><p>(82)</p></td><td><p>LDCOM identifies a dual mechanism of aid in support of France T&#233;l&#233;com, backed by support for staff mobility, the provision of an unlimited guarantee and the granting of a EUR 9 billion credit line.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(83)</p></td><td><p>Concerning the provision of the unlimited guarantee, LDCOM bases its considerations on the content of the declarations by the French authorities which have appeared since July 2002, which seek to reassure the financial markets about France T&#233;l&#233;com's situation. These declarations contributed directly to the improvement in France T&#233;l&#233;com's credit rating in the markets and helped the Company to face up to the liquidity wall with which it was confronted. According to LDCOM, under French law, an oral declaration may, under certain conditions, constitute a legal act giving rise to a right on the part of its addressee.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(84)</p></td><td><p>LDCOM states that the announcement of the making available of a EUR 9 billion credit line constitutes aid; both from the point of view of its amount and of that of its modalities or its very objective, the State's support is not covered by the prudent investor criterion. Thus, no prudent investor would, in September 2002 (when the State announced that it would be supporting France T&#233;l&#233;com financially), have advanced EUR 9 billion under such economic circumstances without basing itself on a restructuring plan.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(85)</p></td><td><p>In LDCOM's opinion, the State's position that a prudent majority investor would not have called into question France T&#233;l&#233;com's functional integrity does not stand up to an analysis of the conduct of such an investor under the market conditions prevailing in June-July 2002. Thus, investors who invest an extremely large proportion of their assets in a company threatened with collapse will be the first to demand a radical and immediate review of its strategy, involving, if necessary, a huge sell-off of strategic assets.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(86)</p></td><td><p>LDCOM also stresses that the State cannot go back on its declarations without harming its own financial credibility. In its intervention on the market, the State plays a role of borrower and a role of majority shareholder in a number of companies.&#160;This dual role leads to a dual credit rating by the rating agencies, in its capacity as borrower and in its capacity as shareholder through the ratings given to public undertakings.&#160;This twofold intervention possibility calls for particular vigilance as any deficiency established in either of these two roles is likely to have consequences for its other role and for its rating. LDCOM further stresses the fact that the credibility of the State is fundamentally different from that of other enterprises in a similar situation which cannot reassure the market. The taking into account of the support given by the State following its entering into direct contact with the rating agencies highlights the credibility of the State's support for France T&#233;l&#233;com.</p></td></tr></tbody></table> 3.8. Comments from Tiscalinet <table><col/><col/><tbody><tr><td><p>(87)</p></td><td><p>Tiscalinet adds that the declarations made by the State as from 2&#160;July 2002 signal to the market that any compulsory administration of France T&#233;l&#233;com is ruled out. At the same time, the State's option for its 2002 dividends to be paid in shares and not in cash is another signal by the State to the market that it supports France T&#233;l&#233;com even though a prudent investor would have opted for payment of the dividends in cash.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(88)</p></td><td><p>Tiscalinet also stresses that the set of legislative measures aimed at extending ERAP's company objects so as to enable it to hold France T&#233;l&#233;com shares&#160;<a>(<span>22</span>)</a>, the provision of a state guarantee to ERAP to enable it to invest in France T&#233;l&#233;com&#160;<a>(<span>23</span>)</a> and the instrument dealing with the method by which the State would hold France T&#233;l&#233;com's capital strengthen the analysis of the irrevocable character of the state guarantee on which market operators, and in particular bond holders, relied when subscribing to the successive calls made by France T&#233;l&#233;com. These factors bear out that the State is acting as a &#8216;last resort&#8217; vis-&#224;-vis France T&#233;l&#233;com, which a prudent investor would not have done.</p></td></tr></tbody></table> 3.9. Comments from ECTA <table><col/><col/><tbody><tr><td><p>(89)</p></td><td><p>The European Telecoms Association (ECTA) is of the opinion that the ministerial declarations of July and October 2002, the granting of a EUR 9 billion credit line and the advance commitment by the State to take part in the future capital increase constitute State aid. The aid granted to France T&#233;l&#233;com enabled it to continue as an integrated operator while increasing its stake in Orange. ECTA is of the opinion that a company in France T&#233;l&#233;com's situation ought to have acted altogether differently, as did France T&#233;l&#233;com's competitors in the global telecommunications services market, such as British Telecom and KPN, which had to dispose of strategic assets to reduce their debt.</p></td></tr></tbody></table> 3.10. Comments from France Télécom <table><col/><col/><tbody><tr><td><p>(90)</p></td><td><p>France T&#233;l&#233;com has presented its comments in the form of three reports: (i) a report drawn up by Mr Ehlermann dated 12&#160;January 2004 entitled &#8216;Opinion for the attention of France T&#233;l&#233;com&#8217;; (ii) a report drawn up by Mr&#160;Galmot dated 6&#160;January 2004 entitled &#8216;Does the case law of the Court of Justice of the Communities allow the conclusion to be drawn that the &#8220;financial measures introduced by the State in support of France T&#233;l&#233;com&#8221;, regarding which the Commission has initiated the procedure provided for in Article 88(2) of the Treaty, have effected a &#8220;transfer of state resources&#8221; for the benefit of that company?&#8217;; and (iii) a report by HSBC entitled: &#8216;HSBC Opinion of 6&#160;January 2004&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(91)</p></td><td><p>The first report analyses the French authorities' conduct in the light of the rules applicable to State aid in general and of the prudent investor test in particular. The report also seeks to show that France T&#233;l&#233;com was not a company in financial difficulties within the meaning of the Guidelines at the time the State decided to take part in the recapitalisation and announced its readiness to provide a shareholder loan. It stresses that it is normal and usual for the majority shareholder to grant a loan upfront of its participation in the recapitalisation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(92)</p></td><td><p>The second report focuses on whether the mere announcement of the making available of a shareholder loan in the form of a credit line can as such constitute a commitment of state resources.&#160;According to the report, there is no transfer of state resources because, in the end, there was no opening of a credit line or provision of a guarantee, which would have required authorisation by a finance act. There is likewise no transfer of state resources because, under French law, no oral declaration by a public authority is capable of having any effect whatever on the public finances and of carrying out the slightest transfer of state resources.&#160;And in the present case, all that is involved is mere ministerial declarations having no negative impact on the public finances.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(93)</p></td><td><p>The third report focuses on the economic rationale behind the State's conduct between 4&#160;September 2002 (the announcement of the first six months' results) and 15&#160;April 2003 (the carrying out of the capital increase). The report is based on an analysis of France T&#233;l&#233;com's situation in September 2002 and draws a distinction between, on the one hand, France T&#233;l&#233;com's operational performance (healthy activities with a potential for improving the operational cash flow) and, on the other, the amount of the operator's debt. The report concludes on this point that the time lag between the generation of the group's cash flow and the heavy short-term financial commitments (2003-2005) poses a problem of refinancing but not of solvency.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(94)</p></td><td><p>HSBC also describes the background to the short-term liquidity crisis, worsened as it was by a crisis of confidence on the part of the market vis-&#224;-vis the group.&#160;It states that, in a situation such as that, reason demanded that urgent steps be taken and required the introduction of a plan to improve the operational results, an increase in capital, a rescheduling of debt and a targeted policy of disposing of assets.&#160;It argues that, in the present case, the Ambition 2005 plan is a complete and rational coherent plan as it permits among other things the generation of a EUR 15 billion cash flow via an operational improvement and a disposal of assets that does not involve any amputation of core businesses.&#160;It stresses that a capital increase in support of a company introducing an operational recovery plan is a natural way of rebalancing the accounts.&#160;It points out that the oral support of a majority shareholder is also usual and rational and that it is normal practice for reference shareholders to announce their decision before other shareholders do.&#160;It also points out that in this case the shareholder loan was a low-risk, profitable and normal transaction &#8212; pending a capital increase &#8212; aimed at safeguarding the majority shareholder's financial interests at a time (the month of December) when it was not possible to recapitalise the company for reasons of scheduling. It adds that the loan was to be made on market conditions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(95)</p></td><td><p>The HSBC report mentions also the trend in the price of France T&#233;l&#233;com shares on the stock exchange, pointing out that the shares had risen in July 2002 as a result of rumours of nationalisation, only to fall again in September because, although the market had got wind of a possible EUR 15 billion capital increase, the practical arrangements were not as yet clear. It points out that France T&#233;l&#233;com's financial projections presage, for the State, a highly satisfactory return: according to the DCF &#8212; discounted cash flow &#8212; method, the recapitalisation involves an annual rate of return of 25&#160;%, whereas the average rate on the telecommunications market is 9,9&#160;%.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(96)</p></td><td><p>In response to the dispatch of the NERA report, France T&#233;l&#233;com notes that the conditions required for the State's responsibility to be incurred for non-compliance with its promise are not met in the present case. In no way does the mere act of making a promise, even to pay certain sums of money, suffice in itself to commit public finances, to &#8216;immobilise state resources&#8217;, without a legal instrument. It concludes on this point that there is nothing in French case law to show that there has been a &#8216;transfer of state resources&#8217; in the present case due to the conditional promise of a shareholder loan.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(97)</p></td><td><p>According to France T&#233;l&#233;com, the State has not placed any credit line at France T&#233;l&#233;com's disposal through ERAP. Declarations are not legally binding on the State, either vis-&#224;-vis France T&#233;l&#233;com or vis-&#224;-vis third parties.&#160;The State, however, cannot commit itself without an act giving rise to a right, carried out in compliance with the rules on competence and on budgetary procedure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(98)</p></td><td><p>France T&#233;l&#233;com emphasises more particularly the context in which the declarations were made, pointing out that this is necessary in order to measure their true scope. An analysis of the declarations in the light of events between late June and December 2002 thus shows that the declarations could not constitute a promise, and does not show that the appropriate measures planned by the State were financial measures.&#160;There were differences of opinion within the Government at the time and the Minister for Economic Affairs and Finance did not represent the Government standpoint. A study of the facts reveals that there was no such intention on the part of those responsible, who were at a loss how to solve the problem, and that operators had never said they believed the State had committed itself to one or other solution.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(99)</p></td><td><p>France T&#233;l&#233;com concludes by saying that the consultant's conclusions are wrong because:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>&#8216;Analysis of the France T&#233;l&#233;com group's situation at the time of the announcement of the results for the first half of 2002 shows that the group has an unbalanced balance sheet and a short-term liquidity problem, but the business's operating results are very good.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Analysis of the range of measures a prudent shareholder must envisage in a situation of heavy indebtedness indicates that it was rational to introduce a recovery plan, including a recapitalisation, for a group with healthy assets whose intrinsic worth is greater than the sum of its market capitalisation and its net debt.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Analysis of value creation and profitability prospects suggest that the State is making a very good investment by participating in a capital increase and that it is taking little risk in providing a shareholder loan&#8217;.</p></td></tr></tbody></table></td></tr></tbody></table> 4. COMMENTS BY FRANCE <table><col/><col/><tbody><tr><td><p>(100)</p></td><td><p>The French authorities state by way of introduction that they have behaved in accordance with the prudent private investor principle from the outset. Since the announcement of France T&#233;l&#233;com's results for the first half of 2002, which highlighted an unbalanced financial structure and significant capital needs despite good operating results, the State has drawn the necessary conclusions, placing a new CEO at the head of the Company and gathering together a banking syndicate which undertook from September 2002 to underwrite a capital increase when the time came. At the same time, the State asked the new management to carry out an in-depth audit of the Company. On the basis of the Ambition 2005 plan, about which the majority shareholder was kept regularly informed, and of the banking syndicate's commitment, the State announced, on 4&#160;December 2002, its decision to participate in the strengthening of the Company's capital base to the tune of EUR 9 billion and the fact that it was prepared to place at France T&#233;l&#233;com's disposal, through ERAP, an advance on this subscription remunerated at market rates.&#160;However, in view of the financial terms of grant of this advance by the French authorities and of the Commission's misgivings about the presence of aid elements in the measure, France T&#233;l&#233;com preferred to resort directly to the bond market.</p></td></tr></tbody></table> 4.1. France Télécom's financial situation <table><col/><col/><tbody><tr><td><p>(101)</p></td><td><p>The French authorities maintain that, when the decision to invest was taken, France T&#233;l&#233;com was not a firm in difficulty within the meaning of the Guidelines&#160;<a>(<span>24</span>)</a>. The Company's turnover was increasing steadily (by 10&#160;% between the first half of 2001 and the first half of 2002), and its gross cash flow was high and growing faster than its turnover. The French authorities refer to the Company's unbalanced financial structure as at 30&#160;June 2002 and point out that the losses were mainly due to the exceptional provisions and write-downs linked to the depreciation of assets acquired prior to the entirely unforeseeable reversal of the markets.&#160;France T&#233;l&#233;com's operating costs were increasing more slowly than its turnover, which meant that its profitability was improving. Moreover, operating results and cash flow were increasing (with cash flow up 15&#160;% on the first half of 2001). France T&#233;l&#233;com's very good performance prospects were further improved by the TOP plan. This performance was confirmed when the 2002 accounts were published, showing as they did the virtuous dynamic triggered within the Company by the new management.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(102)</p></td><td><p>On the criterion concerning the movement in company capital referred to in point&#160;5(a) of the Guidelines, the French authorities point out that the relevant indicator is, pursuant to Article L225-248 of the Commercial Code, the company capital of France T&#233;l&#233;com SA, which has always remained positive and has never fallen by half. France T&#233;l&#233;com was therefore not in the situation referred to in the Guidelines in which shareholders' funds fall below the company capital.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(103)</p></td><td><p>France T&#233;l&#233;com was not in a cessation of payments situation; there were merely signs of a possible liquidity requirement by the first half of 2003 should the expected market recovery not occur. The French authorities add that France T&#233;l&#233;com had anticipated reserves of EUR 6,9 billion as at 31&#160;December 2002 and could have crossed the threshold of the year 2003 without resorting to the financial market. The French authorities indicated that France T&#233;l&#233;com had had recourse to the syndicated loan, which was less expensive than the bond market and out of which EUR 4 billion had been made available to the Company.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(104)</p></td><td><p>The French authorities observe, inter alia, that France T&#233;l&#233;com had access to the financial markets during the course of 2002 and describe all of the financing instruments at the Company's disposal between 11&#160;July 2002 and 15&#160;January 2003&#160;<a>(<span>25</span>)</a>. They mention the fact that, on 14&#160;February 2002, France T&#233;l&#233;com negotiated the provision of a syndicated credit line of EUR 15 billion and that during the course of 2002 the Company issued bonds&#160;<a>(<span>26</span>)</a>, EUR 442,2 million worth of which was repayable in shares.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(105)</p></td><td><p>The French authorities also state that France T&#233;l&#233;com was not open to any financial risk owing to the downgrading of its credit rating by the rating agencies as there was no early repayment clause in the covenants.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(106)</p></td><td><p>Moreover, according to the concordant opinion of several banks consulted between June and November 2002, France T&#233;l&#233;com was, prior to the announcement of the Ambition 2005 plan and of the majority shareholder's support, able to refinance itself on the bond markets.&#160;The French authorities thus indicate that, in July and September 2002 respectively, Barclays and Dresdner Kleinwort Wasserstein offered to refinance, through swap programmes starting in October or November, France T&#233;l&#233;com's bond debts maturing between 2003 and 2005.</p></td></tr></tbody></table> 4.2. Rationality of the TOP plan <table><col/><col/><tbody><tr><td><p>(107)</p></td><td><p>The French authorities stress that, in the light of the above, the increase in the cash flow and the strengthening of the capital base provided for in the Ambition 2005 plan are components of a strategy that would have been followed by any prudent majority shareholder.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(108)</p></td><td><p>As to the rationality of the TOP plan, the French authorities state that the plan in question represents a considerable effort on France T&#233;l&#233;com's part. It is an overall plan for a change of management direction based on specific actions which has already produced its first positive results.&#160;The French authorities stress in this connection that the plan is an extremely precise one which makes possible an increase in the Company's profitability with a rate of return on investment (RRI) of 43&#160;% in 2005 for those investors who participated in the April 2003 capital increase, that is, a much higher return than the reference RRI (11&#160;%) expected by a private investor in the telecommunications sector. The TOP plan also includes a staff management optimisation chapter. As to the disposal plan, the French authorities state that the disposal of assets at the end of 2002 made it possible to carry forward any liquidity constraint to the end of 2003 without even having to resort to the financial markets.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(109)</p></td><td><p>The French authorities stress, lastly, that the strategies followed by competing operators are no more prudent and that a plan must be assessed, not in the light of the scope or strategic character of the assets whose disposal is being contemplated, but in that of the rationality of the plan as a whole. Moreover, the success of the December 2002 and January 2003 bond issues confirmed<span>a posteriori</span> the confidence private investors place in France T&#233;l&#233;com's operational potential.</p></td></tr></tbody></table> 4.3. Application of the prudent investor principle to the participation in the strengthening of the Company's capital base <table><col/><col/><tbody><tr><td><p>(110)</p></td><td><p>With regard to the application of the prudent private investor principle to the announcement by the State of its anticipated participation in the strengthening of the Company's capital base, the French authorities observe that they made their agreement conditional on the presentation, by the new management, of a new, credible rebalancing plan and on participation by the banks.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(111)</p></td><td><p>On compliance with the concomitance principle, the French authorities point out that, from the outset, the State shareholder took every step to ensure the concomitant participation of public and private shareholders and that it took no risk before private investors did. Thus, the announcement of the State's intention to participate in the strengthening of the Company's capital base dates from 12&#160;September 2002, and on that date a banking syndicate had already undertaken to underwrite, when the time came, that part of a capital increase which was intended for private investors alongside the public shareholder, on condition that a credible rebalancing plan was announced to the market. The French authorities stress that this condition was normal in view of France T&#233;l&#233;com's unbalanced financial situation, the State's participation also being conditional on the announcement of a plan considered by the market to be credible. If the private investors had not stood as guarantors, the State would not have made such an announcement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(112)</p></td><td><p>The French authorities also state that the private financing predated the public financing inasmuch as the financial contributions by private investors &#8212; in the form of debenture loans and the rescheduling of bank loans between December 2002 and February 2003 &#8212; took place in significant proportions.&#160;The analysis of any making available of state funds must, in the French authorities' view, be carried out in the light of such private financing.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(113)</p></td><td><p>The French authorities stress that, in accordance with the judgment in Alitalia&#160;<a>(<span>27</span>)</a>, the State did not commit itself formally prior to the banks' formal undertaking. The private shareholder participation is significant at 40&#160;%.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(114)</p></td><td><p>As regards the expected return, the French authorities state that, as has already been indicated, compliance with the prudent private investor principle is also demonstrated by the high profitability prospects of the TOP plan, as confirmed by the plan's favourable reception by the market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(115)</p></td><td><p>The French authorities stress that the capital increase was effected as soon as it was technically possible to present to the State and to investors updated data on the Company's operational prospects, which demonstrates the State's choice of high-quality investors motivated by long-term return prospects.</p></td></tr></tbody></table> 4.4. The shareholder loan <table><col/><col/><tbody><tr><td><p>(116)</p></td><td><p>The French authorities maintain that the loan proposal was never signed by France T&#233;l&#233;com owing to the excessive cost of the financial terms proposed to it and the fact that the Commission was raising doubts about the measure's lawfulness under the Treaty. Consequently, no state resources were placed at the Company's disposal via the shareholder loan proposal. The French authorities argue that the entry into force of the loan cannot be deduced from the announcement made by the State on 4&#160;December 2002, which concerns only the commitment by the State shareholder to participate in the operation to strengthen the Company's capital base, mention being made only of the &#8216;possible&#8217; provision of a shareholder loan.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(117)</p></td><td><p>The French authorities observe that, at all events, the loan proposal conferred no advantage on France T&#233;l&#233;com.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(118)</p></td><td><p>The French authorities thus make clear that, insofar as it has not entered into force, the loan has not been used by France T&#233;l&#233;com and therefore has not been able to postpone the Company's liquidity needs.&#160;They maintain that the loan announcement does not constitute a guarantee. French law does not recognise an implicit guarantee: any guarantee provided by the State must be enshrined in a law. It is wrong to treat the announcement of a possible state loan as a guarantee. The French authorities insist that the guarantee which the State provided to ERAP to enable it to finance its participation in the strengthening of France T&#233;l&#233;com's capital base must not be equated with a guarantee given to France T&#233;l&#233;com. As far as ERAP is concerned, the French authorities state categorically that its role was entirely neutral and that it intervened only for budgetary reasons.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(119)</p></td><td><p>Likewise, the announcement by the State of a loan proposal did not facilitate France T&#233;l&#233;com's access to the bond market. First of all, the debenture loans are not covered by any sort of guarantee, their duration being longer than that of the shareholder loan. Moreover, bondholders have no recourse in the event of non-payment upon maturity. Secondly, it is not possible to compare the announcement, by the State, of the possibility of its making an upfront prepayment towards the strengthening of the Company's capital base with the guarantee given in Commission Decision 2001/89/EC&#160;<a>(<span>28</span>)</a> (Cr&#233;dit Foncier de France) because, inasmuch as the loan envisaged in the present case was hypothetical and strictly limited in duration and amount, it could not by itself resolve the Company's financial problems having regard to its debt repayment schedule. Thirdly, the bond issues were determined solely by the market's perception of France T&#233;l&#233;com's capacity to honour its commitments unaided by any state guarantee. The confidence shown by the market at the time of the said bond issues is thus due essentially to the change in the management team and the favourable reception accorded to the new strategy revealed when the Ambition 2005 plan was presented.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(120)</p></td><td><p>As to compliance with the prudent investor principle in relation to any shareholder loan, the French authorities stress that, when the decision to take part in a capital increase was taken and the conditions therefor were met, it was logical that the State should make an upfront prepayment. The first discussions about the loan proposal date back to November 2002. The French authorities also stress that the legitimacy of such a measure could not be challenged because, as is mentioned above, it was based on a credible, detailed plan the content of which was mostly known at the time of the announcement of the loan proposal on 4&#160;December 2002. Moreover, the State had already received the undertaking, conditional on the presentation to the market of a credible plan, from the banking syndicate and it knew full well at the end of November that that condition would be met given the market's positive reaction to the appointment of the new management. The French authorities stress in this connection that it is not pertinent to assess the amount involved in the present case but that, in accordance with the Alitalia judgment, it is necessary to examine the conformity of the conditions of financing the operation for a company of comparable size.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(121)</p></td><td><p>As to the remuneration of the potential loan, the French authorities stress that it was granted on normal market terms and that it was increased by a premium to reflect its subordinate nature. The proposal provided for a non-utilisation commission and the absence of security was in keeping with the practice of a prudent investor in the case of a short-term loan granted by a shareholder upfront of his subscription to a capital increase. The repayment of the sum in shares was customary and was based on the cash value.</p></td></tr></tbody></table> 4.5. The announcements made by the State <table><col/><col/><tbody><tr><td><p>(122)</p></td><td><p>The French authorities stress the context which must be taken into account when analysing the declarations made by the State in its capacity as a prudent shareholder. Thus, between the months of September and December 2002, the State engineered a change in management, the key feature of which was the change in France T&#233;l&#233;com's CEO, and closely monitored the drafting of a rebalancing plan while at the same time ensuring the support of private investors with an eye to the launch of a possible capital increase. According to the French authorities, these operational measures had a decisive financial impact, were very well received by the financial markets and led to the recovery in France T&#233;l&#233;com's share price.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(123)</p></td><td><p>The French authorities stress that the State never indicated or suggested that it would give France T&#233;l&#233;com its unconditional and unlimited support. They add that &#8216;the State &#8230; emphasised in the summer that it would act like a prudent private shareholder and not as a public authority and that it intended to intervene as a shareholder in a way (still to be defined) which would be no different from that which a private investor would choose, which necessarily ruled out the possibility that the State had already decided to intervene in an unconditional and irrevocable manner&#8217;&#160;<a>(<span>29</span>)</a>. This declaration that the conditions would not differ from those of a private investor, excludes de facto any unconditional and irrevocable support. The French authorities also argue that the declarations made by the French authorities between July and October 2002 constituted &#8216;vague prior declarations&#8217; without any &#8216;corresponding practical measures&#8217;&#160;<a>(<span>30</span>)</a>. The French authorities state in this connection that the subsequent declarations were to be assessed in the light of the first declaration and that it is wrong to assert that as of 12&#160;July 2002 the State had &#8216;committed itself irrevocably to supporting France T&#233;l&#233;com&#8217; and had, on that occasion, entered into &#8216;an irrevocable commitment to participate in the strengthening of the capital base&#8217;. The French authorities point out that the State shareholder announced its intention to participate in the strengthening of the Company's capital base for the first time in September 2002 and that &#8216;this would take the form of a transaction followed by the market (reference to a timetable to be defined in the light of market conditions)&#8217;&#160;<a>(<span>31</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(124)</p></td><td><p>Concerning the declaration of 2&#160;October 2002, the French authorities argue that this confirmed that the presentation of a credible plan was a precondition for the State's participation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(125)</p></td><td><p>The French authorities maintain that &#8216;the only specific measures envisaged by the State in its capacity as majority shareholder in France T&#233;l&#233;com are those set out in the information/notification dossier forwarded to the Commission and announced publicly on 5&#160;December 2002, namely the participation alongside private shareholders in a EUR 15 billion capital increase in proportion to the share held by the State in France T&#233;l&#233;com's capital and a possible shareholder loan remunerated at market rates upfront of the capital increase. The indication by the State that it would play its role of prudent shareholder in no way constitutes a state guarantee. If the declarations made by the State between July and October 2002 had really been legally equivalent to, or even simply perceived by the market and the rating agencies as being, a promise to provide France T&#233;l&#233;com with an &#8220;unlimited guarantee&#8221;, then there would not have been any downgrading of France T&#233;l&#233;com's rating in July and the company's spreads and rating during that period would have reflected the state risk (AAA rating and very low spread). Lastly, any factoring in by the rating agencies of the State's presence as majority shareholder irrespective of any implicit or explicit guarantee or of any specific measure and irrespective of the company's specific financial situation at any given moment cannot in itself be considered State aid. Such an approach would be contrary to the principle of neutrality of Community law as recognised by Article 295 of the EC Treaty.&#8217;&#160;<a>(<span>32</span>)</a></p></td></tr></tbody></table> 4.6. Movements in France Télécom's share price <table><col/><col/><tbody><tr><td><p>(126)</p></td><td><p>The French authorities argue that only the operational measures had an impact on France T&#233;l&#233;com's share price. Thus, the Company's share price rebounded on 2&#160;October 2002 (up more than 10,4&#160;% on the previous week) following the announcement of the appointment of the new CEO, and the share price's progress continued upwards with the announcement of the TOP plan and of the new executive board on 5&#160;December 2002, which led to a rise of more than 25&#160;% in two days.&#160;The declarations of principle made by the State between July and October 2002 were not the determining factor in this increase and as long as there were no operational measures the share price fluctuated, reflecting the market's uncertainty about the Company's situation. This perception led to a fall in the share price, which reached its lowest point on 30&#160;September 2002 following a period of relative stability during the summer in the absence of any specific announcements or rumours.&#160;During that period, the State's declarations as to its intention to play fully its role of shareholder did not stop the downward trend in France T&#233;l&#233;com's share price.</p></td></tr></tbody></table> 4.7. Comments on the NERA report <table><col/><col/><tbody><tr><td><p>(127)</p></td><td><p>The French authorities have presented the following comments on the legal part of the NERA report:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>&#8216;the legal report is based on an erroneous (not to say tendentious) interpretation of the facts.&#160;In particular, &#8230; the report manifestly twists &#8212; albeit clear &#8212; remarks made by the Minister for Economic Affairs in the course of an interview with a journalist published in July 2002. The French authorities strongly contest that it is possible to propose interpretations as unfounded as these in order to draw legal conclusions and in particular to assert that there exists any guarantee granted by the State to France T&#233;l&#233;com&#8217;. &#8216;What is involved here is not even an official communiqu&#233; from the Government or from France T&#233;l&#233;com, but merely a press article reproducing the text of an interview with the Minister for Economic Affairs in the wider context of the Government's priorities and therefore lacking any probative force&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>&#8216;The State as shareholder in France T&#233;l&#233;com has not only always intended to behave like a prudent investor with regard to France T&#233;l&#233;com but has also chosen to express clearly and publicly that this position would be the point of departure for all of its potential actions in this area &#8230;&#8217;. The Minister's July 2002 interview makes no mention of any decision being taken.&#8216;&#8230; [W]hile remaining confident in the company's viability, the State was merely taking note of the market's doubts about France T&#233;l&#233;com's situation and, in its capacity as majority shareholder, was trying to refine its analysis without being able, at that stage, to make an accurate diagnosis or take any decision&#8217;. &#8216;Moreover, there was no reason to suppose<span>a priori</span> that the phrase &#8220;appropriate steps&#8221; referred specifically to financial measures&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>&#8216;The French authorities have also noted numerous inaccuracies in the reasoning set out in the legal report. The report is thus manifestly short on objectivity, adopting highly contestable legal analyses (for example regarding the characterisation of letters of intent and the scope of a unilateral commitment in civil and commercial law) and making an unjustified application to the facts at issue of certain irrelevant legal precepts (this is the case, for example, with the application of the theory of business management or of the rules of public international law in relations between a company and its majority shareholder)&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>&#8216;The legal report's finding of the existence of an &#8220;unlimited guarantee&#8221;, granted by the State to France T&#233;l&#233;com, is in any event totally baseless in Community law&#8217;. In accordance with the<span>Compagnie nationale Air France</span> judgment&#160;<a>(<span>33</span>)</a>, the remarks in question cannot give rise to any firm and unconditional commitment on the part of the State.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>With regard to the comparison between the Minister's July declarations and a letter of intent, the French authorities stress that &#8216;(i) firstly, it is of the essence of the letter of intent that it is addressed to a beneficiary; (ii) secondly, and as an extension of the preceding observation, the effectiveness of the method is dependent on acceptance by the said beneficiary; and (iii), lastly, the scope of the commitment given (both as regards its object and as regards the force which its author wishes to give to it) depends exclusively on the terms employed&#8217;. &#8216;Thus &#8230; the general &#8212; to say the least &#8212; character of the Minister's remarks &#8230; rules out without doubt any commitment in favour of France T&#233;l&#233;com or its creditors, and<span>a fortiori</span> any obligation as to the result to be achieved (and hence any idea of guarantee) as well as any obligation as to the means&#8217;. &#8216;The Minister's reply &#8230; only confirms that no decision &#8212; other than to act like a &#8220;prudent investor&#8221; &#8212; had as yet been taken by the State shareholder, which, while trusting in the operational quality of the company, was not at that time able to make a sufficiently accurate diagnosis or to take any decision&#8217;. &#8216;The courts have &#8230; never held that a guarantee commitment without a specific beneficiary or beneficiaries may thus be relied upon by any person who might have an interest therein. This is not surprising as it is in the nature of a guarantee or of a letter of intent that it is addressed to one or more beneficiaries. Nor is it surprising, since it was not intended for any specific beneficiary, that the alleged commitment was not accepted&#8217;. As for the business management hypothesis, this concept is entirely inapplicable to the present case.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>As far as administrative law is concerned, &#8216;[f]irst of all, mere remarks made to a journalist &#8212; such as those made by the Minister for Economic Affairs on 12&#160;July 2002 &#8212; do not constitute a &#8220;tortious act&#8221; capable of giving rise to rights and obligations, and even less a guarantee granted to France T&#233;l&#233;com by the State&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>&#8216;The legal consultant's conclusions clearly fly in the face of the Commission's decision-making practice and of Community case law in the field of State aid, which make the existence of aid conditional on proof of a firm, precise and unconditional commitment on the part of the State concerned &#8212; something which the Minister's remarks of 12&#160;July 2002 could in no way be construed as being&#8217;. &#8216;A state measure, in whatever form, must be sufficiently precise and concrete for the Commission to be able to determine the very existence of an advantage&#8217;.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(128)</p></td><td><p>As regards the economic report, the French authorities argue that France T&#233;l&#233;com was not a firm in difficulty at the time of the events in question (as it had access to the capital markets and no long-term viability problem) and that the participation by the State shareholder in the plan to rebalance the company's balance sheet was in keeping with the private investor criterion.</p></td></tr></tbody></table> 5. ASSESSMENT OF THE MEASURE IN THE LIGHT OF ARTICLE 107(1) OF THE TREATY <table><col/><col/><tbody><tr><td><p>(129)</p></td><td><p>Article 107(1) TFEU defines as being incompatible with the internal market, in so far as it affects trade between Member States, 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. According to well established case law, the concept of aid embraces not only subsidies themselves, but also interventions which, in various forms, mitigate the charges which are normally included in the budget of an undertaking and which, without therefore being subsidies in the strict meaning of the word, are similar in character and have the same effect&#160;<a>(<span>34</span>)</a>. It follows from the above that the concept of aid is based on the economic concept of advantage, the formal criterion being therefore immaterial&#160;<a>(<span>35</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(130)</p></td><td><p>It is settled case law that classification as State aid for the purposes of Article 107(1) TFEU requires that all the conditions set out are fulfilled&#160;<a>(<span>36</span>)</a>. Thus, for a national measure to be classified as &#8216;State aid&#8217; for the purposes of Article 107(1) TFEU, first, there must be an intervention by the State or through State resources; second, that intervention must be liable to affect trade between Member States; third, it must confer a selective advantage on the recipient; and fourth, it must distort or threaten to distort competition&#160;<a>(<span>37</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(131)</p></td><td><p>It is also settled case law that investment by the public authorities in the capital of undertakings, in whatever form, may constitute State aid within the meaning of Article 107 TFEU where the conditions set out in that Article are fulfilled&#160;<a>(<span>38</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(132)</p></td><td><p>As regards the condition according to which the measure in question must be analysed as conferring an advantage on the recipient within the meaning of Article 107(1) TFEU, measures which, whatever their form, are likely directly or indirectly to favour certain undertakings or are to be regarded as an economic advantage which the recipient undertaking would not have obtained under normal market conditions are regarded as State aid&#160;<a>(<span>39</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(133)</p></td><td><p>In the present case, it seems appropriate to examine, first, whether France T&#233;l&#233;com obtained an advantage financed using state resources.&#160;If the Commission cannot conclude that such an advantage exists, or if it was not financed by state resources, it must conclude that the measure scrutinised does not constitute State aid, the conditions for the existence of State aid being cumulative.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(134)</p></td><td><p>First, it is worth recalling the principles that apply to this analysis, as laid down in the<span>Bouygues</span> judgment. The Court considered that:</p><table><col/><col/><tbody><tr><td><p>&#8216;103.</p></td><td>&#8230; it cannot be excluded &#8230; that several consecutive measures of State intervention must, for the purposes of Article 107(1) TFEU, be regarded as a single intervention.</td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>104.</p></td><td>That could be the case in particular where consecutive interventions, especially having regard to their chronology, their purpose and the circumstances of the undertaking at the time of those interventions, are so closely linked to each other that they are inseparable from one another &#8230;</td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>105.</p></td><td>It follows that, having found that it was necessary to identify a reduction of the State budget or a sufficiently concrete economic risk of burdens on that budget, closely linked and corresponding to, or having as a counterpart, a specific advantage deriving either from the announcement of 4&#160;December 2002 or from the shareholder loan offer, the General Court erred in law by applying a test that immediately excludes those State interventions, depending on their links with one another and their effects, from being regarded as a single intervention.</td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>106.</p></td><td>Next, according to the case law of the Court, State intervention capable of both placing the undertakings which it applies to in a more favourable position than others and creating a sufficiently concrete risk of imposing an additional burden on the State in the future, may place a burden on the resources of the State &#8230;</td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>107.</p></td><td>In particular, the Court of Justice has had occasion to state that advantages given in the form of a State guarantee can entail an additional burden on the State &#8230;</td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>108.</p></td><td>Furthermore, the Court has already held that, where, in economic terms, the alteration of the market conditions which gives rise to an advantage given indirectly to certain undertakings is the consequence of the public authorities' loss of revenue, even the fact that investors then take independent decisions does not mean that the connection between the loss of revenue and the advantage given to the undertakings in question has been eliminated &#8230;</td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>109.</p></td><td>Consequently, for the purposes of establishing the existence of State aid, the Commission must establish a sufficiently direct link between, on the one hand, the advantage given to the beneficiary and, on the other, a reduction of the State budget or a sufficiently concrete economic risk of burdens on that budget &#8230;</td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>110.</p></td><td>However &#8230; it is not necessary that such a reduction, or even such a risk, should correspond or be equivalent to that advantage, or that the advantage has as its counterpoint such a reduction or such a risk, or that it is of the same nature as the commitment of State resources from which it derives.&#8217;</td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(135)</p></td><td><p>As regards the interpretation and scope of the decision to open the formal investigation procedure relating to the measure at issue, the<span>Bouygues</span> judgment notes that this opening decision solely concerns the measures notified and not &#8216;whether the declarations from July 2002 constituted, in themselves, State aid&#8217;&#160;<a>(<span>40</span>)</a>. This final decision, whose subject matter is defined by the opening decision, does not therefore extend to that question.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(136)</p></td><td><p>As a further preliminary point, the Commission notes that the assessments of fact or of law adopted by the General Court in its judgment of 2&#160;July 2015&#160;<a>(<span>41</span>)</a>, in the light of the judgment on appeal of 30&#160;November 2016 issued by the Court of Justice&#160;<a>(<span>42</span>)</a>, have the force of<span>res judicata</span>, particularly as they form the grounds supporting its operative part.</p></td></tr></tbody></table> 5.1. The measures taken by France between July and October 2002 had a significant effect on the market <table><col/><col/><tbody><tr><td><p>(137)</p></td><td><p>The declarations from July 2002 allowed FT's rating to be maintained at investment grade and enabled the financial markets to regain confidence. They made it possible, easier and cheaper for FT to gain access to new loans necessary to refinance its short-term debts for the amount of EUR 15 billion, and ultimately helped to&#160;stabilise its fragile financial situation which, in June and July 2002, was on the point of deteriorating substantially.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(138)</p></td><td><p>During the first half of 2002, France T&#233;l&#233;com saw its credit rating downgraded following the publication of its&#160;2001 annual accounts.&#160;On 24&#160;June 2002, Moody's downgraded the Company's rating to the lowest investment grade, just above that of junk bond, thereby making it very difficult for it to refinance its debt&#160;<a>(<span>43</span>)</a>. This downgrading caused considerable concern on the financial markets about France T&#233;l&#233;com's financial situation (and in particular about its capacity to refinance its EUR 15 billion debt falling due at the end of 2003), and the markets expected a reaction from the State designed to reassure them. These circumstances show that the State had to act urgently to reassure the market and to prevent any further downgrading of France T&#233;l&#233;com's credit rating to that of junk bond status, as this would have had a highly negative impact&#160;<a>(<span>44</span>)</a> on the Company's financial situation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(139)</p></td><td><p>The State thus retained this trust through successive declarations.&#160;In fact, the State's intervention had the effect of preventing any downgrading of France T&#233;l&#233;com's credit rating to that of junk bond status, as is, moreover, clearly stated in S&amp;P's press release of 12&#160;July 2002, where the assurances provided by the State are hailed as being a key factor in France T&#233;l&#233;com's not being reduced to junk bond status.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(140)</p></td><td><p>As to the market's reaction, the announcement of 12&#160;July 2002 led to an abnormal and not negligible increase in the value of France T&#233;l&#233;com's shares and bonds.&#160;Thus, compared with a set of telecom indexes representative of the market, France T&#233;l&#233;com's share price rose by between 37,8&#160;% and 43,8&#160;%. The abnormal increase in bond prices amounted, for its part, to between 3,2&#160;% and 9,7&#160;%. This reaction implies that the market believed that, by the announcement, the State was committing itself to offering France T&#233;l&#233;com greater support&#160;<a>(<span>45</span>)</a>. As to the comments by financial analysts, Deutsche Bank, for example, mentioned in a report published on 22&#160;July 2002 that the market was convinced, in the light of the Government's declarations, of the state support that would be provided by the Government to France T&#233;l&#233;com, even if the market did query the scope and modalities of that support&#160;<a>(<span>46</span>)</a>. Similarly, S&amp;P considered the Government's declarations to be credible to the point of influencing the Company's credit rating. On 12 July, S&amp;P thus downgraded France T&#233;l&#233;com's rating to BBB- but maintained its investment-grade rating with a stable outlook&#160;<a>(<span>47</span>)</a>. The fact that the State's support was credible to the point of enabling France T&#233;l&#233;com's credit rating to remain at investment-grade quality is also corroborated by France T&#233;l&#233;com itself&#160;<a>(<span>48</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(141)</p></td><td><p>The declarations had a major impact on the market. A study of the comments and documents submitted by the French authorities and of the available parliamentary debates shows that the State's declarations helped to restore the financial markets' confidence&#160;<a>(<span>49</span>)</a>. In fact, ever since S&amp;P's press release of 12&#160;July 2002, the rating agencies were all agreed that the support shown by the State since July 2002 was decisive in maintaining France T&#233;l&#233;com's investment-grade credit quality. The maintenance of France T&#233;l&#233;com's investment-grade credit quality thus enabled France T&#233;l&#233;com to avoid additional financial costs&#160;<a>(<span>50</span>)</a> on the funds it had already borrowed owing to the existence of step-up clauses&#160;<a>(<span>51</span>)</a> in some bond issues and on future borrowings.&#160;The maintenance of the investment-grade rating enabled France T&#233;l&#233;com, moreover, to put its finances back on to a sound footing through a recapitalisation operation. Back in September 2002, one of the conditions imposed by the banks for their participation in a recapitalisation operation was &#8216;the maintenance of at least the current ratings investment-grade quality of the company's long-term debt by the Moody's and Standard &amp; Poor's rating agencies; this condition will be included in the guarantee and investment contract.&#8217;&#160;<a>(<span>52</span>)</a></p></td></tr></tbody></table> 5.2. Nevertheless, they are not inextricably linked to the December 2002 measures <table><col/><col/><tbody><tr><td><p>(142)</p></td><td><p>Following a sovereign assessment of the facts, the General Court held that the shareholder loan offer granted by the State to France Telecom came only in December 2002, that the French Government had made no firm commitment in July 2002, and that the decision to provide France T&#233;l&#233;com with financial support through the shareholder loan offer had been taken not in July 2002 but in early December 2002&#160;<a>(<span>53</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(143)</p></td><td><p>The General Court also concluded that, between the months of July and December 2002, a private investor might have displayed behaviour similar to that displayed by the French State&#160;<a>(<span>54</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(144)</p></td><td><p>It further emerges from the General Court's findings and assessments, in paragraphs 249 to 254 of the judgment of 2&#160;July 2015&#160;<a>(<span>55</span>)</a>, that there was a significant break in the series of State measures taken by France for France T&#233;l&#233;com between the months of July 2002 and December 2002.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(145)</p></td><td><p>In addition, at paragraph 230 of that judgment, the General Court noted &#8216;a number of relevant factors which effectively determined the French State's decision in December 2002, that is, in addition to restoring the confidence of the financial markets and preserving FT's credit rating, primarily the restructuring and rebalancing measures taken within FT, including the Ambition 2005 plan drawn up by its new management between October and December 2002, which provided in particular for the implementation of a plan, &#8220;the TOP plan&#8221;.&#8217; It also considered as &#8216;key factors&#8217; in the case &#8216;the commitment given in September 2002 by a banking syndicate to underwrite that part of an increase in the capital of FT which was intended for private investors, the sale by FT of some EUR 2,5 billion in non-strategic assets between July and December 2002, the appointment of a new management team for the company in October 2002, and the resolution in November 2002 of the dispute between FT and the German operator Mobilcom. Taken as a whole, those factors brought about a marked improvement in FT's operational prospects and performance during the second half of 2002.&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(146)</p></td><td><p>In paragraph 143 of the judgment on the appeal of 30&#160;November 2016&#160;<a>(<span>56</span>)</a>, the Court found that &#8216;as rightly held by the General Court in paragraph 230 of the judgment under appeal, deciding in advance in July 2002 the time when the prudent private investor criterion fell to be assessed would have necessarily excluded from that assessment relevant factors that occurred between July 2002 and December 2002.&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(147)</p></td><td><p>Consequently, in view of the particular circumstances of the case, there is no inextricable link between the measures that the French authorities took prior to December 2002 and the measures that they took in December 2002. It is necessary therefore to examine whether, between 4&#160;December 2002 (when the State announced its shareholder loan to France T&#233;l&#233;com) and 20&#160;December 2002 (when the State sent France T&#233;l&#233;com a signed and initialled draft shareholder loan agreement), the conditions for State aid were met, and in particular, whether the State acted in the same way as a prudent private investor in a market economy.</p></td></tr></tbody></table> 5.3. The measures taken by France in December 2002 fulfilled the private investor criterion <table><col/><col/><tbody><tr><td><p>(148)</p></td><td><p>The December 2002 shareholder loan appears to confer an advantage on France T&#233;l&#233;com, since it enables it to increase its means of financing and to reassure the market as to its ability to meet its maturities.&#160;Even if the loan agreement has never been signed, the appearance given to the market of the existence of such a loan is,<span>a priori</span>, likely to confer an advantage on France T&#233;l&#233;com as the market has considered the Company's financial situation to be more secure&#160;<a>(<span>57</span>)</a>. This may have influenced France T&#233;l&#233;com's borrowing terms.&#160;The advantageous effect of the measures taken by the State in December 2002 in favour of France T&#233;l&#233;com is thus apparent.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(149)</p></td><td><p>However, a measure is not deemed to constitute an advantage and so does not qualify as State aid if the recipient undertaking could, in circumstances which correspond to normal market conditions, obtain the same advantage as that which is made available to it through State resources.&#160;In the case of public undertakings, that assessment is made by applying, in principle, the prudent private operator test.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(150)</p></td><td><p>In the present case, it is necessary to determine whether, in similar circumstances, in December 2002, a private investor of a comparable dimension could have been prevailed upon to make capital contributions of the same size, having regard in particular to the information available and foreseeable developments at the date of those contributions&#160;<a>(<span>58</span>)</a>. The prudent private investor criterion must therefore be applied when the State financial support measure that may be characterised as State aid is adopted,&#160;<a>(<span>59</span>)</a> that is between 4&#160;December 2002 and 20&#160;December 2002.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(151)</p></td><td><p>The announcement of 4&#160;December 2002 and the shareholder loan offer of 20&#160;December 2002 must be jointly examined&#160;<a>(<span>60</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(152)</p></td><td><p>In December 2002, it appeared that the confidence of the financial markets in France T&#233;l&#233;com's future had been largely restored and that France T&#233;l&#233;com's credit rating had been preserved, mainly as a result of the restructuring and rebalancing measures taken within FT, including the appointment of new management and their development of the Ambition 2005 plan between October and December 2002, which included the implementation of a plan, the &#8216;TOP plan&#8217;, to improve the Company's operational performance.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(153)</p></td><td><p>In assessing the shareholder loan, it is important to determine whether the participation in the strengthening of the Company's capital base satisfies normal market conditions.</p></td></tr></tbody></table> 5.3.1. Participation in the strengthening of the Company's capital base <table><col/><col/><tbody><tr><td><p>(154)</p></td><td><p>France's participation in the strengthening of the Company's capital base was conditional on the presentation to the market of a credible plan for the restructuring of France T&#233;l&#233;com. The Ambition 2005 plan and the TOP plan together form a complete and rational coherent plan. It permits among other things the generation of a EUR 15 billion cash flow via an operational improvement and a disposal of assets that does not involve any amputation of core businesses.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(155)</p></td><td><p>The TOP plan represents a considerable effort on France T&#233;l&#233;com's part. It is an overall plan for a change of management direction based on specific actions The French authorities stress that the plan makes possible an increase in the Company's profitability with a rate of return on investment (RRI) of 43&#160;% in 2005 for those investors who participated in the April 2003 capital increase, that is, a much higher return than the reference RRI (11&#160;%) expected by a private investor in the telecommunications sector. The TOP plan also includes a staff management optimisation chapter.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(156)</p></td><td><p>As regards the expected return, the French authorities state that compliance with the prudent private investor principle is also demonstrated by the high profitability prospects of the TOP plan, as confirmed by the plan's favourable reception by the market. France T&#233;l&#233;com's share price rebounded on 2&#160;October 2002 (up more than 10,4&#160;% on the previous week) following the announcement of the appointment of the new CEO, and the share price's progress continued upwards with the announcement of the TOP plan and of the new executive board on 5&#160;December 2002, which led to a rise of more than 25&#160;% in two days.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(157)</p></td><td><p>The capital increase was initiated as soon as it was technically possible to present to investors updated data on France T&#233;l&#233;com's operational prospects.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(158)</p></td><td><p>The State had already received the undertaking, conditional on the presentation to the market of a credible plan, from the banking syndicate and it knew full well at the end of November that that condition would be met given the market's positive reaction to the appointment of the new management. In addition to the commitment given in September 2002 by the banking syndicate to underwrite that part of an increase in the capital of FT which was intended for private investors, consideration must be given to other key factors, namely the sale by FT of some EUR 2,5 billion in non-strategic assets between July and December 2002, the appointment of a new management team for the company in October 2002, and the resolution in November 2002 of the dispute between FT and the German operator Mobilcom&#160;<a>(<span>61</span>)</a>. Taken as a whole, those factors brought about a marked improvement in FT's operational prospects and performance during the second half of 2002.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(159)</p></td><td><p>When the decision to invest was taken, France T&#233;l&#233;com was not a firm in difficulty within the meaning of the Guidelines.&#160;The Company's turnover was increasing steadily (by 10&#160;% between the first half of 2001 and the first half of 2002), and its gross cash flow was high and growing faster than its turnover. The French authorities point out that the losses were mainly due to the exceptional provisions and write-downs linked to the depreciation of assets acquired prior to the entirely unforeseeable reversal of the markets.&#160;France T&#233;l&#233;com's operating costs were increasing more slowly than its turnover, which meant that its profitability was improving. Moreover, operating results and cash flow were increasing (with cash flow up 15&#160;% on the first half of 2001). This performance was confirmed when the 2002 accounts were published. Furthermore, France T&#233;l&#233;com was not in a cessation of payments situation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(160)</p></td><td><p>France T&#233;l&#233;com had access to the financial markets during the course of 2002, and all of the financing instruments were at the Company's disposal between 11&#160;July 2002 and 15&#160;January 2003&#160;<a>(<span>62</span>)</a>. The French authorities mention the fact that, on 14&#160;February 2002, France T&#233;l&#233;com negotiated the provision of a syndicated&#160;credit line of EUR 15 billion and that during the course of 2002 the Company issued bonds&#160;<a>(<span>63</span>)</a>, EUR 442,2&#160;million worth of which was repayable in shares.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(161)</p></td><td><p>Market confidence in a recovery of France T&#233;l&#233;com's financial situation may also be based on the fact that the losses were mainly due to the exceptional provisions and write-downs linked to the depreciation of assets acquired prior to the entirely unforeseeable reversal of the markets and that France T&#233;l&#233;com's operating costs were increasing more slowly than its turnover. Moreover, operating results and cash flow were increasing.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(162)</p></td><td><p>The State shareholder took every step to ensure the participation of public and private shareholders in the strengthening of France T&#233;l&#233;com's capital base. Thus, the announcement of the State's intention to participate in the strengthening of the Company's capital base dates from 12&#160;September 2002&#160;<a>(<span>64</span>)</a>, and on that date the banking syndicate had already undertaken to underwrite, when the time came, that part of a capital increase which was intended for private investors alongside the public shareholder, on condition that a credible rebalancing plan was announced to the market. According to the French authorities, the State's participation was also conditional on the announcement of a plan considered by the market to be credible, and the State did not commit itself formally prior to the banks' formal undertaking. The terms of the operation were the same for the public bodies and all the private operators participating in the strengthening of the Company's capital base.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(163)</p></td><td><p>In addition, the EUR 15 billion from the shareholders only represents a third of the funds mobilised in support of France T&#233;l&#233;com's financial restructuring.</p></td></tr></tbody></table> 5.3.2. The shareholder loan offer and its announcement on 4 December 2002 <table><col/><col/><tbody><tr><td><p>(164)</p></td><td><p>On 4&#160;December 2002, once the condition for the banking syndicate's commitment had been fulfilled &#8212; namely, the announcement to the market of a credible rebalancing plan &#8212; the State announced the shareholder loan to France T&#233;l&#233;com.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(165)</p></td><td><p>In this situation, it would have been rational for a prudent private operator in similar circumstances to the State (France T&#233;l&#233;com's majority shareholder) to express its oral support for France T&#233;l&#233;com. The loan granted by the State, as majority shareholder, in view of the planned investment, was in this case a low-risk, profitable and normal transaction &#8212; pending a capital increase (on equal terms) &#8212; aimed at safeguarding the majority shareholder's financial interests at a time (the month of December) when it was not possible to recapitalise France T&#233;l&#233;com for reasons of scheduling.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(166)</p></td><td><p>Indeed, as France T&#233;l&#233;com explains, the market window virtually closes at the end of November, since investors have to take into account their financial year-end on 31&#160;December and major deals can be difficult to arrange. In addition, a minimum of 15 days' notice must be given before holding an extraordinary general meeting to approve a capital increase, which takes a further 30 days to complete.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(167)</p></td><td><p>The loan is temporary and provides bridging finance for the capital increase, which by many accounts is expected to be a success.&#160;France T&#233;l&#233;com has cited several examples of shareholder loans dating from the time of the events as evidence that a loan from a majority shareholder to be converted into equity during a capital increase is standard practice.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(168)</p></td><td><p>For example, the EUR 1 billion shareholder loan from Italenergia Bis to Edison was converted into equity during Edison's capital increase in 2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(169)</p></td><td><p>In preparation for the restructuring and IPO of Thus on the London Stock Exchange, Scottish Power granted a loan of GBP 320 million, of which GBP 260 million was converted into equity; the undrawn balance was cancelled.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(170)</p></td><td><p>In 2002, America Movil and Bell Canada International participated in the financial restructuring of their South American joint venture Telecom Americas, alongside another investor. In this case, USD 120 million was paid in the form of a shareholder loan which had to be refinanced two years later in Telecom Americas shares.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(171)</p></td><td><p>During the Ericsson capital increase, the commitment of the main shareholder (<span>Industriv&#228;rden</span> and<span>Investor</span>) was announced by the company in April 2002, even though the deal was not approved until June 2002 and was not launched until August of that year.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(172)</p></td><td><p>In the case of Fiat's capital increase in July 2003, the intention of the reference shareholders to subscribe to new shares in proportion to their shareholding was published in March 2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(173)</p></td><td><p>In the light of these examples, and given France T&#233;l&#233;com's position in December 2002, the Commission cannot rule out the possibility that in December 2002, the State acted towards France T&#233;l&#233;com as a prudent private operator in a market economy would have done in similar circumstances, as France T&#233;l&#233;com's majority shareholder.</p></td></tr></tbody></table> 5.3.3. Conclusion <table><col/><col/><tbody><tr><td><p>(174)</p></td><td><p>The measure being scrutinised &#8212; namely, the announcement of the shareholder loan of 4&#160;December 2002, coupled with the shareholder loan offer of 20&#160;December 2002 &#8212; thus meets the criterion of the prudent private investor in a market economy. Therefore, this measure should not be considered as an advantage for France T&#233;l&#233;com.</p></td></tr></tbody></table> 5.4. The further conditions laid down by Article 107(1) TFEU <table><col/><col/><tbody><tr><td><p>(175)</p></td><td><p>It is settled case law that classification as State aid requires all the conditions set out in Article 107(1) TFEU to be fulfilled&#160;<a>(<span>65</span>)</a>. In the absence of an advantage for France T&#233;l&#233;com from state resources within the meaning of Article 107(1) TFEU, it is no longer necessary to analyse whether the other conditions required for determining the presence of aid are fulfilled.</p></td></tr></tbody></table> 6. CONCLUSION <table><col/><col/><tbody><tr><td><p>(176)</p></td><td><p>The Commission finds that the shareholder loan granted by France to France T&#233;l&#233;com in December 2002 in the form of a EUR 9 billion credit line does not constitute State aid within the meaning of Article 107(1) TFEU,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The shareholder loan granted by France to France Télécom in December 2002 in the form of a EUR 9 billion credit line 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 French Republic. Done at Brussels, 18 May 2018. For the Commission Margrethe VESTAGER Member of the Commission <note> ( 1 ) OJ C 57, 12.3.2003, p. 5 . ( 2 ) With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the Treaty on the Functioning of the European Union (‘TFEU’). The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty, where appropriate. ( 3 ) See footnote 1. ( 4 ) 2003/S 103-091487. ( 5 ) Commission Decision 2006/621/EC of 2 August 2004 on the State Aid implemented by France for France Télécom ( OJ L 257, 30.9.2006, p. 11 ). ( 6 ) Judgment of the General Court of 2 July 2015, France v Commission , T-425/04, T-444/04, T-450/04 and T-456/04, ECLI:EU:T:2010:216. ( 7 ) Judgment of the Court of Justice of 19 March 2013, Bouygues SA and Bouygues Télécom SA v European Commission and Others and European Commission v French Republic and Others , C-399/10 P and C-401/10 P, ECLI:EU:C:2013:175. ( 8 ) Judgment of the General Court of 2 July 2015, French Republic (T-425/04 RENV) and Orange (T-444/04 RENV) v European Commission , ECLI:EU:T:2015:450. ( 9 ) Judgment of the Court of Justice of 30 November 2016, European Commission v French Republic and Orange , C-486/15 P, ECLI:EU:C:2016:912. ( 10 ) A stake in Mobilcom was acquired in difficult circumstances by investing a very large amount of EUR 3,7 billion in a 28,5 % shareholding, valuing the operator at 80 times its EBITDA (compared with a stock-exchange valuation before rumours of the deal emerged of the order of 65 times EBITDA). In the summer of 2002, an audit of Mobilcom's prospects revealed the company's extreme fragility and the manifest impossibility of obtaining a return on the investment (report drawn up on behalf of the commission of enquiry into the management of public undertakings with a view to improving the decision-making system, registered at the office of the President of the National Assembly on 3 July 2003). ( 11 ) Les Echos No 18695, France, 12 July 2002, p. 2. ( 12 ) Off Watch; Outlook Stable; Teleconf 3:30PM BST Today , Standard & Poor's Ratings Direct, 12 July 2002. ( 13 ) Press release of the Minister for Economic Affairs and Finance of 13 September 2002, Financial situation of France Télécom . ( 14 ) Moody's Investors Service, 13 September 2002. The relevant part of the press release states: ‘Moody's have taken increased comfort from the Government's statement, which once again confirmed their strong support for FT. Whilst Moody's concerns regarding the overall level of financial risk and particularly FT's weak liquidity position remain, Moody's has grown more comfortable with expectation that the French Government will act in a supportive manner, if FT started to encounter difficulties with its debt repayment schedule.’ ( 15 ) Press release of the Minister for Economic Affairs and Finance of 2 October 2002. ( 16 ) France Télécom press release of 5 December 2002, p. 1. ( 17 ) Research France Télécom , Standard & Poor's Ratings Direct, 17 December 2002: ‘Since July 2002, support from the French state has been a key rating factor, underpinning the group's investment-grade status.’ This statement follows that of 5 December 2002: ‘Standard & Poor's rating services said today that it has affirmed its BBB- long-term and A-3 short-term corporate credit ratings [on FT] … Since July 2002 Standard & Poor's has indicated that expected support from FT's 56 % shareholder, the French State, is a likely factor underpinning the group's investment-grade status. The French State's announcement today that it will immediately grant a EUR 9 billion shareholder loan to help FT face its 2003 debt obligations is viewed by Standard & Poor's as strong evidence of this support’. ( 18 ) Research France Télécom, Standard & Poor's Ratings Direct, 17 December 2002: ‘The state's December 2002 announcement that it will grant a EUR 9 billion shareholder loan, coupled with its commitment to subscribe to a EUR 15 billion capital increase, underscores this support and provides significant credit protection for FT's debtholders. …, FT and the state's targets in this respect meet Standard & Poor's expectations for the ratings. While market conditions may challenge the operation, the state's commitment to subscribe to the equity injection — so as to at least maintain its stake — strongly mitigates execution risks’. ( 19 ) Information from the Commission — Community Guidelines on State aid for rescuing and restructuring firms in difficulty (Notice to Member States including proposals for appropriate measures) ( OJ C 288, 9.10.1999, p. 2 ). ( 20 ) Memo from Mr Sureau dated 14 January 2004. ( 21 ) Now known as Neuf Télécom. ( 22 ) Decree No 2002-1409 of 2 December 2002 amending Decree No 65-1117 of 17 December 1967 organising ERAP administratively and financially. ( 23 ) Article 80 of Law No 2002-1576 of 30 December 2002 rectifying the 2002 Finance Act. ( 24 ) Community guidelines on State aid for rescuing and restructuring firms in difficulty ( OJ C 244, 1.10.2004, p. 2 ). ( 25 ) The French authorities mention, among other things, bond issues, credit lines, treasury bills, short-term loans and securitisation and derivatives operations. ( 26 ) From 26 July 2002 until the presentation of the Ambition 2005 plan on 4 December 2002, France Télécom made a EUR 70 million bond issue on 26 July 2002 and issued a fungible tranche of EUR 150 million with the EUR 3,5 billion debenture loan issued in March 2001. ( 27 ) Judgment of the Court of First Instance of 12 December 2000, Alitalia v Commission , T-296/97, ECLI:EU:T:2000:289. ( 28 ) Commission Decision 2001/89/EC of 23 June 1999 conditionally approving aid granted by France to Crédit Foncier de France ( OJ L 34, 3.2.2001, p. 36 ). ( 29 ) French authorities' comments of 29 July 2003, p. 8. ( 30 ) French authorities' comments of 29 July 2003, p. 9. ( 31 ) French authorities' comments of 29 July 2003, p. 8. ( 32 ) French authorities' comments of 29 July 2003, p. 9. ( 33 ) Judgment of the Court of First Instance of 12 December 1996, Compagnie nationale Air France v Commission , T-358/94, ECLI:EU:T:1996:194; see also Commission Decision 94/662/EC of 27 July 1994 concerning the subscription by CDC participations to bonds issued by Air France ( OJ L 258, 6.10.1994, p. 26 ). ( 34 ) Judgment of the Court of 15 March 1994, Banco Exterior de España SA , C-387/92, ECLI:EU:C:1994:100, paragraph 13; judgment of the Court of 19 September 2000, Federal Republic of Germany v Commission , C-156/98, ECLI:EU:C:2000:467, paragraph 25; judgment of the Court of First Instance of 13 June 2000, EPAC v Commission , T-204/97 and T-270/97, ECLI:EU:T:2000:148. ( 35 ) Judgment of the Court of 14 November 1984, SA Intermills v Commission , C-323/82, ECLI:EU:C:1984:345, paragraph 31; Judgment of the Court of First Instance of 27 January 1998, Ladbroke Racing Ltd v Commission , T-67/94, ECLI:EU:T:1998:7, paragraph 52. ( 36 ) Judgment of the Court of 2 September 2010, European Commission v Deutsche Post AG , C-399/08 P, ECLI:EU:C:2010:481, paragraph 38 and case law cited; judgment of the Court of 21 December 2016, European Commission v Hansestadt Lübeck , C-524/14 P, ECLI:EU:C:2016:971, paragraph 40; judgment of the Court of 21 December 2016, European Commission v World Duty Free Group SA and Others , C-20/15 P and C-21/15 P, ECLI:EU:C:2016:981, paragraph 53; judgment of the Court of 20 September 2017, European Commission v Frucona Košice a.s. , C-300/16 P, ECLI:EU:C:2017:706, paragraph 19. ( 37 ) Judgment of the Court of 2 September 2010, European Commission v Deutsche Post AG , C-399/08 P, ECLI:EU:C:2010:481, paragraph 39 and case law cited; judgment of the Court of 21 December 2016, European Commission v Hansestadt Lübeck , C-524/14 P, ECLI:EU:C:2016:971, paragraph 40; judgment of the Court of 21 December 2016, European Commission v World Duty Free Group SA and Others , C-20/15 P and C-21/15 P, ECLI:EU:C:2016:981, paragraph 53; judgment of the Court of 20 September 2017, European Commission v Frucona Košice a.s. , C-300/16 P, ECLI:EU:C:2017:706, paragraph 19. ( 38 ) Judgment of the Court of 14 September 1994, Spain v Commission , C-278/92 to C-280/92, ECLI:EU:C:1994:325, paragraph 20 and case law cited, and Judgment of the Court of 8 May 2003, Italy and SIM 2 Multimedia v Commission , C-399/00 and C-328/99, EU:C:2003:252, paragraph 36 and case law cited. ( 39 ) Judgment of the Court of 2 September 2010, European Commission v Deutsche Post AG , C-399/08 P, ECLI:EU:C:2010:481, paragraph 40 and case law cited. ( 40 ) See paragraphs 70 to 72 of the Bouygues judgment. ( 41 ) Judgment of the General Court of 2 July 2015, French Republic (T-425/04 RENV) and Orange (T-444/04 RENV) v European Commission , ECLI:EU:T:2015:450. ( 42 ) Judgment of the Court of 30 November 2016, European Commission v French Republic , C-486/15 P, ECLI:EU:C:2016:912. ( 43 ) See statements by France Télécom's previous CEO, Michel Bon, appearing in the press: article in La Tribune dated 16 September 2002, ‘… the downgrading is preventing the planned refinancing’; article in Le Monde dated 16 September 2002, ‘the downgrading at the end of June of the rating attributed to FT's debt by the Moody's rating agency … has denied us access to the market’; article in the Financial Times dated 16 September 2002, ‘FT cannot continue to survive when no one wants to lend us money and, on the contrary, when everyone wants to be paid on the nail. In the current markets, the refinancing of our debt is simply out of the question’. ( 44 ) Some even take the view that the Company would not have been able to find the necessary liquidity on the market in the event of a downgrading of its credit rating. See, for example, page 9 of the abovementioned report by Goldman Sachs of 22 July 2002: ‘If these bonds moved from the investment grade segment of the fixed income market, to “junk”, i.e. high yield, they would swamp the current European high yield market … [and] we believe it would be difficult for the existing European investor base alone to absorb all France Telecom bonds.’ ( 45 ) NERA report: ‘The results of an event study analysing the effect on share and bond prices of the announcement on 12 July 2002. The study shows that there is a strong positive effect: as a result of the statement, market participants believed the cash flows that France Télécom would generate were going to be higher than they would have been otherwise. Moreover the effect is strongly statistically significant: it is not the result of random fluctuations in prices … The market believed that, as a result of the statement, the French Authorities would offer more support to France Télécom than they would do in the absence of any costs of non-performance’. ( 46 ) Deutsche Bank report of 22 July 2002 entitled France Télécom/Deutsche Telekom Debt Liquidity and possible solution , pp. 19-33. ( 47 ) France Télécom LT Rating cut to ‘BBB-’; Off Watch; Outlook Stable; Teleconf 3:30PM BST Today , Standard & Poor's Ratings Direct, 12 July 2002. ( 48 ) Board meeting presentation , France Télécom stock-taking exercise, December 2002, p. 36. ( 49 ) In a covering letter accompanying the financial protocol signed by the bank Morgan Stanley on 12 September 2002 concerning the bank's commitment in relation to the Company's planned capital increase, the bank's representative is unambiguous on this point: ‘We feel that the planned transaction would be difficult under present conditions and that a favourable reaction by the markets to the declarations and official statements to be published at the end of the week will be a key factor in creating the necessary conditions for carrying out the transaction.’ ( 50 ) See FT form 20-F, March 2003, P15-16 ‘a decrease of one notch in its long-term debt rating by S&P's and Moody's would automatically increase its annual interest expense by approximately EUR 75 million’. ( 51 ) A step-up clause determines an increase in a bond's coupon rate and in the interest rates on credit lines as the credit rating declines. ( 52 ) Memoranda of understanding signed on 11 and 12 September 2002 between the State and the banks (condition h). ( 53 ) Judgment of the Court of 30 November 2016, European Commission v French Republic and Orange , C-486/15 P, ECLI:EU:C:2016:912, paragraph 142 and paragraphs of the judgment of the General Court of 2 July 2015, French Republic and Orange v European Commission , T-425/04 RENV and T-444/04 RENV, ECLI:EU:T:2015:450, to which it refers. ( 54 ) Judgment of the Court of 30 November 2016, European Commission v French Republic and Orange , C-486/15 P, ECLI:EU:C:2016:912, paragraph 137 and paragraphs of the judgment of the General Court of 2 July 2015, French Republic and Orange v European Commission , T-425/04 RENV and T-444/04 RENV, ECLI:EU:T:2015:450, paragraph 247. ( 55 ) Judgment of the General Court of 2 July 2015, French Republic (T-425/04 RENV) and Orange (T-444/04 RENV) v European Commission , ECLI:EU:T:2015:450. ( 56 ) Judgment of the Court of 30 November 2016, European Commission v French Republic , C-486/15 P, ECLI:EU:C:2016:912. ( 57 ) See, for example, ‘Moody's now expects that a combination of this facility headroom under the existing EUR 15 billion syndicated facility and the free cash flow will enable debt maturities of EUR 15 billion to be repaid during the next 12 months’, Moody's, 9 December 2002. ( 58 ) Judgment of the General Court of 2 July 2015, French Republic (T-425/04 RENV) and Orange (T-444/04 RENV) v European Commission , ECLI:EU:T:2015:450, paragraph 220; Judgment of the Court of 8 May 2003, Italian Republic and SIM 2 Multimedia SpA v Commission of the European Communities , C-399/00 and C-328/99, ECLI:EU:C:2003:252, paragraph 38 and case law cited. ( 59 ) Judgment of the General Court of 2 July 2015, French Republic (T-425/04 RENV) and Orange (T-444/04 RENV) v European Commission , ECLI:EU:T:2015:450, paragraph 251. ( 60 ) Judgment of the Court of Justice of 19 March 2013, Bouygues SA and Bouygues Télécom SA v European Commission and Others and European Commission v French Republic and Others , C-399/10 P and C-401/10 P, ECLI:EU:C:2013:175, paragraphs 127 to 131. ( 61 ) These factors are relevant according to the judgment of the General Court of 2 July 2015, French Republic (T-425/04 RENV) and Orange (T-444/04 RENV) v European Commission , ECLI:EU:T:2015:450, paragraph 230. ( 62 ) The French authorities mention, among other things, bond issues, credit lines, treasury bills, short-term loans and securitisation and derivatives operations. ( 63 ) From 26 July 2002 until the presentation of the Ambition 2005 plan on 4 December 2002, France Télécom made a EUR 70 million bond issue on 26 July 2002 and issued a fungible tranche of EUR 150 million with the EUR 3,5 billion debenture loan issued in March 2001. ( 64 ) French authorities' comments of 29 July 2003, p. 8. ( 65 ) Judgment of the Court, European Commission v Deutsche Post AG , C-399/08 P, ECLI:EU:C:2010:481, paragraph 38 and case law cited. </note>
ENG
32018D1616
<table><col/><col/><col/><col/><tbody><tr><td><p>30.10.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 309/30</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) No 1157/2014 of 29 October 2014 correcting the Slovenian version of Commission Regulation (EC) No 141/2007 concerning a requirement for approval in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council for feed business establishments manufacturing or placing on the market feed additives of the category ‘coccidiostats and histomonostats’ (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 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene ( 1 ) , and in particular Article 10(3) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In the Slovenian language version of Commission Regulation (EC) No 141/2007<a>&#160;(<span>2</span>)</a> the terms &#8216;feed business operators&#8217;, &#8216;feed business establishments&#8217;, &#8216;placing on the market&#8217; and &#8216;category&#8217; are erroneous. Therefore a correction of the Slovenian language version is necessary. The other language versions are not affected.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Regulation (EC) No 141/2007 should therefore be corrected accordingly.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Concerns only the Slovenian language version. Article 2 This Regulation shall enter into force on the 20 th day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 October 2014. For the Commission The President José Manuel BARROSO <note> ( 1 ) OJ L 35, 8.2.2005, p. 1 . ( 2 ) Commission Regulation (EC) No 141/2007 of 14 February 2007 concerning a requirement for approval in accordance with Regulation (EC) No 183/2005 of the European Parliament and of the Council for feed business establishments manufacturing or placing on the market feed additives of the category coccidiostats and histomonostats ( OJ L 43, 15.2.2007, p. 9 ). </note>
ENG
32014R1157
<table><col/><col/><col/><col/><tbody><tr><td><p>27.9.2023&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 238/122</p></td></tr></tbody></table> COUNCIL DECISION (CFSP) 2023/2064 of 25 September 2023 on Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) in order to strengthen its monitoring and verification capabilities THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof, Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 12&#160;December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (&#8216;the Strategy&#8217;). Chapter III of the Strategy contains a list of measures that need to be taken to combat such proliferation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Union is actively implementing the Strategy and is giving effect to the measures listed in Chapter III thereof, in particular through releasing financial resources to support specific projects conducted by multilateral institutions, such as the Provisional Technical Secretariat of the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The States Signatories to the Comprehensive Nuclear-Test-Ban Treaty (CTBT) have decided to establish a Preparatory Commission, endowed with legal capacity and which has standing as an international organisation, to carry out the effective implementation of the CTBT, pending the establishment of the CTBTO.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The early entry into force and universalisation of the CTBT and the strengthening of the monitoring and verification system of the Preparatory Commission of the CTBTO are important objectives of the Strategy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The United Nations Secretary-General stated in &#8216;Securing our Common Future: an Agenda for Disarmament&#8217; that by constraining the development of advanced new types of nuclear weapons, the CTBT put a brake on the arms race and that it also serves as a powerful normative barrier against potential States that might seek to develop, manufacture and subsequently acquire nuclear weapons in violation of their non-proliferation commitments.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The 2022 Strategic Compass for Security and Defence refers to the persistent threat of the proliferation of weapons of mass destruction and their means of delivery, the expanding nuclear arsenals, the development of new weapon systems as well as the use of nuclear threats by some countries, and expresses the Union&#8217;s objective of reinforcing concrete actions in support of the goals of disarmament, non-proliferation and arms control.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>In the framework of the implementation of the Strategy, the Council adopted three Joint Actions and five Decisions on support for activities of the Preparatory Commission of the CTBTO, namely Joint Actions&#160;2006/243/CFSP&#160;<a>(<span>1</span>)</a>, 2007/468/CFSP&#160;<a>(<span>2</span>)</a> and&#160;2008/588/CFSP&#160;<a>(<span>3</span>)</a>, and Decisions&#160;2010/461/CFSP&#160;<a>(<span>4</span>)</a>, 2012/699/CFSP&#160;<a>(<span>5</span>)</a>, (CFSP)&#160;2015/1837&#160;<a>(<span>6</span>)</a>, (CFSP)&#160;2018/298&#160;<a>(<span>7</span>)</a> and (CFSP)&#160;2020/901&#160;<a>(<span>8</span>)</a>. That Union support should be continued.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>The technical implementation of this Decision should be entrusted to the Preparatory Commission of the CTBTO which, on the basis of its unique expertise and capabilities through the network of the International Monitoring System (IMS), comprising over 337&#160;facilities around the globe, and the International Data Centre (IDC), is the sole international organisation having the ability and legitimacy to implement this Decision. The action as supported by the Union can only be financed through an extra-budgetary contribution to the Preparatory Commission of the CTBTO,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 1. With a view to the implementation of the Strategy, the EU Global Strategy for the European Union’s Foreign and Security Policy and the Strategic Compass for Security and Defence, the Union shall further support the activities of the Preparatory Commission of the CTBTO through an operational action. 2. The objectives of the action referred to in paragraph 1 shall be to: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>strengthen the capabilities of the CTBT monitoring and verification system;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>strengthen the capabilities of the States Signatories to the CTBT to fulfil their verification responsibilities under the CTBT and to enable them to benefit fully from their participation in the CTBT regime;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>raise awareness of the CTBT and promote its universalisation and entry into force.</p></td></tr></tbody></table> 3. A detailed description of the action is set out in the Annex. Article 2 1. The High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall be responsible for the implementation of this Decision. 2. The technical implementation of the action referred to in Article 1 shall be carried out by the Preparatory Commission of the CTBTO. 3. The Preparatory Commission of the CTBTO shall perform that task under the responsibility of the High Representative. For that purpose, the High Representative shall enter into the necessary arrangements with the Preparatory Commission to the CTBTO. Article 3 1. The financial reference amount for the implementation of the action financed by the Union referred to in Article 1 shall be EUR 6 285 929. 2. The expenditure financed by the reference amount set out in paragraph 1 shall be managed in accordance with the rules and procedures applicable to the general budget of the Union. 3. The Commission shall supervise the proper management of the expenditure financed by the amount referred to in paragraph 1. For that purpose, it shall conclude a contribution agreement with the Preparatory Commission of the CTBTO. The contribution agreements shall stipulate that the Preparatory Commission of the CTBTO is to ensure the visibility of the Union's contribution, appropriate to its size. 4. The Commission shall endeavour to conclude the agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of the conclusion of the agreement. Article 4 1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports by the Preparatory Commission of the CTBTO. The reports shall form the basis of the evaluation carried out by the Council. 2. The Commission shall provide information on the financial aspects of the implementation of the action referred to in Article 1. Article 5 1. This Decision shall enter into force on the date of its adoption. 2. This Decision shall expire 36 months after the conclusion of the agreement referred to in Article 3(3). However, it shall expire six months after the date of the entry into force if no agreement has been concluded within that period. Done at Brussels, 25 September 2023. For the Council The President H. GÓMEZ HERNÁNDEZ ( 1 ) Council Joint Action 2006/243/CFSP of 20 March 2006 on support for activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) in the area of training and capacity building for verification and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction ( OJ L 88, 25.3.2006, p. 68 ). ( 2 ) Council Joint Action 2007/468/CFSP of 28 June 2007 on support for activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against the Proliferation of Weapons of Mass Destruction ( OJ L 176, 6.7.2007, p. 31 ). ( 3 ) Council Joint Action 2008/588/CFSP of 15 July 2008 on support for activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction ( OJ L 189, 17.7.2008, p. 28 ). ( 4 ) Council Decision 2010/461/CFSP of 26 July 2010 on support for activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction ( OJ L 219, 20.8.2010, p. 7 ). ( 5 ) Council Decision 2012/699/CFSP of 13 November 2012 on the Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction ( OJ L 314, 14.11.2012, p. 27 ). ( 6 ) Council Decision (CFSP) 2015/1837 of 12 October 2015 on Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction ( OJ L 266, 13.10.2015, p. 83 ). ( 7 ) Council Decision (CFSP) 2018/298 of 26 February 2018 on Union support for the activities of the Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction ( OJ L 56, 28.2.2018, p. 34 ). ( 8 ) Council Decision (CFSP) 2020/901 of 29 June 2020 on Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction ( OJ L 207, 30.6.2020, p. 15 ). ANNEX SUPPORT FOR THE ACTIVITIES OF THE PREPARATORY COMMISSION OF THE COMPREHENSIVE NUCLEAR-TEST-BAN TREATY ORGANIZATION (CTBTO) 1. Background On 12 December 2003, the European Council adopted the European Union Strategy against Proliferation of Weapons of Mass Destruction (the Strategy), Chapter III of which contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation. <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The Comprehensive Nuclear-Test-Ban Treaty (CTBT) which bans all nuclear explosions is an essential element in the international non-proliferation architecture. The CTBT is a strong collective confidence and security-building measure and a powerful constraint on the proliferation of nuclear weapons, preventing the development of nuclear weapons by countries that do not currently possess them, as well as upgrades to already existing nuclear arsenals.</p></td></tr></tbody></table> The CTBT has established a powerful global norm against nuclear weapons testing, backed up by a state-of-art and highly sensitive global nuclear test monitoring system, the International Monitoring System (IMS) of the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO) which monitors compliance with the Treaty. The Treaty has yet to enter into force and global efforts continue to achieve this key goal of the international peace and security community and agenda. In parallel, the IMS of the CTBTO provides a steady flow of real-time data via the International Data Centre to the international community to ensure that no nuclear test goes undetected. The Organization’s on-site inspection capabilities and technologies are also being developed and readied for the Treaty’s entry into force. The European Union (EU) is actively implementing its Strategy and for more than a decade provides significant voluntary contributions to the Preparatory Commission for the CTBTO to promote CTBT entry into force and to sustain and further strengthen CTBTO’s monitoring and verification capabilities. 2. Overall Objective Aligned with the EU Strategy against Proliferation of Weapons of Mass Destruction, the overall objective of this project is to contribute to international peace and security and confidence building by promoting universalization and entry into force of the CTBT and strengthening the CTBTO’s international monitoring and verification regime. By improving capabilities of the CTBT verification regime, building capacities among experts from State Signatories and raising awareness among youth, parliamentarians, media and scientists, this project aims to contribute to “preserving peace, conflict prevention, and the strengthening of international security” as envisaged under Article 21 of the Treaty on European Union. 3. Specific Objectives <table><col/><col/><tbody><tr><td><p>a)</p></td><td><p>To strengthen the capabilities of the CTBT monitoring and verification system.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b)</p></td><td><p>To strengthen the capabilities of the States Signatories to the CTBT to fulfil their verification responsibilities under the CTBT and to enable them to benefit fully from their participation in the CTBT regime.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c)</p></td><td><p>To raise awareness of the CTBT and promote its universalization and entry into force.</p></td></tr></tbody></table> 4. Expected Outputs <table><col/><col/><tbody><tr><td><p>a)</p></td><td><p>The project will generate outputs contributing to strengthening the capabilities of the CTBT monitoring and verification regime by (1) enhancing radionuclide and atmospheric transport modelling pipelines, (2) improving the scientific understanding of the radioxenon background and its impact on CTBTO noble gas systems detection (3) improving the sustainment of the IMS auxiliary seismic stations, and&#160;(4) furthering CTBTO On-Site Inspection (OSI) capabilities build-up.</p><table><col/><col/><tbody><tr><td><p>i)</p></td><td><p>Enhancement of the Federation of Digital Seismograph Networks (FDSN) web service implementation that covers all seismic, hydroacoustic, and infrasonic&#160;(SHI) and radionuclide data, products, and formats.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>ii)</p></td><td><p>XeBET II software operational and ready to estimate the radioxenon concentrations for each IMS noble gas sample. The prototype will be implemented in the ATM pipeline with the output to be integrated into the radionuclide pipeline for enhancing the Automated Radionuclide Report (ARR) and the Reviewed Radionuclide Report (RRR) and Standard Screened Radionuclide Event Bulletin (SSREB). It will also be available in the Expert Technical Analysis tool set and in the NDC-in-a-Box.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>iii)</p></td><td><p>Prototype software allowing to implement uncertainties in atmospheric transport modelling (ATM) simulations for the purpose of isotopic ratio analysis (screening &amp; timing) and machine learning (ML) studies.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>iv)</p></td><td><p>An upgraded ATM pipeline based on this prototype ATM-EPS. providing additional and essential information about the ATM uncertainties, improving credibility of the ATM results.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>v)</p></td><td><p>Provision of a software which is a) used by the IDC, and b) used by NDCs to do infrasound and hydroacoustic processing, and interactive analysis.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>vi)</p></td><td><p>Better understanding / characterization of the global radioxenon background, including its regional variations, especially at the JPX38 noble gas system.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>vii)</p></td><td><p>Refinement of the current understanding of known sources in Eurasia, leading to an improved understanding / interpretation of level &#8216;C&#8217; episodes.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>viii)</p></td><td><p>Improvement of ATM, especially the high-resolution (HR) ATM.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>ix)</p></td><td><p>Development, testing and optimization of advanced source location algorithms / screening methods (to be applied for data of all other IMS noble gas systems).</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>x)</p></td><td><p>Improved ability to detect, locate, and characterize a nuclear test from the radioxenon releases.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>xi)</p></td><td><p>Increased data availability up to 95 % or as close as feasible to 100% in a sustained manner at auxiliary seismic stations (AS) targeted.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>xii)</p></td><td><p>Improved sustainment and stability of AS stations targeted, including better performance over time, with reduced station downtime.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>xiii)</p></td><td><p>Furthering OSI build-up by translating the Model Text for the Draft OSI Operational Manual in two CTBTO languages: French, Spanish.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>b)</p></td><td><p>The action will generate outputs that will improve the National Data Centres (NDCs) capacities of States Signatories and provide foundational knowledge of the Treaty as well as an overview of OSI activities and equipment, using hands-on training.</p><table><col/><col/><tbody><tr><td><p>i)</p></td><td><p>Conduct of the OSI Regional Introductory Course (RIC-26) in the African region in early 2024.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>ii)</p></td><td><p>Increase of the number of experts from the African region in the ongoing OSI Linear Training Programme.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>iii)</p></td><td><p>Provision of the sixteen Capacity Building System (CBS) equipment including heavy duty servers with large storage, and installation of standardised software for NDCs to support the establishment and further development of national capacity to participate actively in the verification regime by accessing and analysing IMS data and IDC products.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>iv)</p></td><td><p>Two regional NDC trainings and two regional workshops to support experts from developing countries.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>v)</p></td><td><p>Four SeisComP training courses.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>vi)</p></td><td><p>Six follow&#160;up/maintenance visits.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>vii)</p></td><td><p>Maintenance for CBS systems.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>c)</p></td><td><p>Moreover, outputs generated by the action will strengthen the universal character of the CTBT, boost inclusivity and diversity in the Preparatory Commission for the CTBTO, and raise awareness about the CTBT among young professionals from non-signatories and non-ratifying countries, including States whose signature and ratification are required for entry into force of the CTBT.</p><table><col/><col/><tbody><tr><td><p>i)</p></td><td><p>A Series of lectures, namely the Citizen Journalism Academy, with leading communications experts for the next generation of journalists in nuclear disarmament and non-proliferation, providing them with a comprehensive vision of the CTBT and its role within the international peace and security architecture. The graduates of the Citizen Journalism Academy will also produce media and outreach products featuring the Science and Technology Conference and Science Diplomacy Symposium, raising the profile of the Treaty among youth audiences.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>ii)</p></td><td><p>Participation of CTBTO Youth Group members at Science Diplomacy Symposium 2024 and&#160;2026</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>iii)</p></td><td><p>Participation of CTBTO Youth Group members at Science and Technology Conference 2025</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>iv)</p></td><td><p>Participation in the CTBTO Mentoring Programme of twelve early-career women in STEM from underrepresented geographical regions. The programme will include virtual workshops focused on Career Development, Communication, and the&#160;scientific/technical aspects of the CTBT, to help the participants improve their understanding of the CTBT and its verification regime.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>v)</p></td><td><p>Participation of the twelve Mentees of the CTBTO Mentoring Programme in the CTBTO Shadowing Programme in Vienna to get a better understanding of the Secretariat&#8217;s work.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>vi)</p></td><td><p>Development of a space on LinkedIn that facilitates and encourages the connection among Mentees and Mentors and help them stay informed of CTBTO career opportunities and activities.</p></td></tr></tbody></table></td></tr></tbody></table> 5. Duration The total estimated duration of the action is 36 months. Activity 1: Support to the verification technologies and monitoring system Component 1: IDC SHI and RN Tools and Products Enhancement Impact By improving and enhancing radionuclide and atmospheric transport modelling pipelines and improving sustainability of Federation of Digital Seismograph Networks (FDSN) product generation and distribution, we aim to enhance the ability of the State Parties to monitor and interpret IDC data and products. This strengthens the verification regime and contributes to the non-proliferation goals in line with the Common Foreign and Security Policy (CFSP). Product 1: FDSN products generation and format enhancements for SHI and RN products Background The Provisional Technical Secretariat (PTS), with support from EU Council Decision VIII, implemented the generation of its SHI products and data in compliance with the FDSN web service standard. This enabled National Data Centres (NDCs) as well as the International Data Centre (IDC) to request Seismic Hydroacoustic and Infrasound (SHI) IDC products and data from the International Monitoring System (IMS) using standard compliant client software. To build on this initial achievement, the goal now is to enhance the scope of the FDSN web service implementation by PTS to additional formats and to provide access to IDC’s Radionuclide (RN) products and data. This would mean that all product generation will be done by the FDSN web service implementation. This will create a clear separation of responsibilities between product generation, which will be done by the FDSN web services, and the product and data distribution methods (VDMS as well as SWP). By separating these responsibilities, the product generation and distribution system will be more flexible and easier to maintain. It also adds the capability for NDCs to query directly for IDC products through the FDSN web service, in addition to receiving IDC products through VDMS and SWP, meeting the need for on-demand product distribution. Improved sustainability of IDC product and IMS data generation and distribution allows State Parties to review and analyse CTBTO data more easily and efficiently. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To improve service to NDCs and the IDC with one central service to request SHI and RN data and products from.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Enhancement of the FDSN web service implementation that covers all SHI and RN data, products, and formats.</p></td></tr></tbody></table> Product 2: Development of an operational Xenon Background Estimation Tool (XeBET II) Background Radionuclide emissions from man-made global sources, related to peaceful activities, are frequently observed by the CTBTO noble gas network. These ever-present and highly variable emissions weaken the global monitoring of nuclear explosions. Knowing that this intricate problem will exist forever, there is strong consensus for a need to advance the current methodologies through necessary innovation, by adopting the lessons learned, and by utilizing cross-disciplinary approaches from atmospheric transport modelling (ATM) and radionuclide expertise. Such efforts provide a capability to distinguish for each IMS sample whether the observation can be explained with known sources, or whether it possibly contains a contribution from a nuclear explosion. An existing scientific software development project, XeBET (contract no. 2022-1179), currently paves the way for XeBET II by providing a software prototyping environment to test and demonstrate new data-driven scientific methodologies. XeBET II is the logical and important follow up to XeBET to utilize that prototype outcome for the provision of a software that operationally provides the best background estimation flag in the ATM pipeline. XeBET II will therefore enhance the nuclear screening quality accordingly. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To make XeBET II software operational and ready to estimate the radioxenon concentrations for each IMS noble gas sample. The prototype will be implemented in the ATM pipeline with output to be integrated into the radionuclide pipeline for enhancing the Automated Radionuclide Report (ARR) and the Reviewed Radionuclide Report (RRR) and Standard Screened Radionuclide Event Bulletin (SSREB). It will also be available in the Expert Technical Analysis tool set and in the NDC-in-a-Box.</p></td></tr></tbody></table> Expected Outputs XeBET II is a software solution ready to be integrated into the ATM and radionuclide pipelines. It provides three Outputs: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Creation of a solution for the flag &#8220;backtracking to known sources&#8221; that is part of the Categorization Scheme agreed by the Commission but not yet implemented in the IDC radionuclide reports.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Enhancement of the SSREB to provide real automatic screening results rather than simply extracting information from the RRR.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Provision of a tool for expert technical analysis.</p></td></tr></tbody></table> All these functionalities will be made available for NDCs as part of the NDC-in-a-Box software. XeBET II will serve as a starting point for further enhancements and add-on development. By incorporating XeBET II into the operational ATM pipeline, it can be better estimated whether an anomalous signal can be attributed to a nuclear explosion or to known sources, which greatly improves the quality of the verification regime in the long term. Product 3: Enhanced Atmospheric Transport Modelling (ATM) by Ensemble Prediction System Background The Atmospheric Transport Modelling (ATM) operational system deployed and used at the CTBTO produces source receptor sensitivity (SRS) fields which specify the location of the air masses prior to their arrival at any radionuclide station of the International Monitoring System (IMS) network. Consequently, the ATM computations support the radionuclide technology by providing a link between radionuclide detections and the regions in which possible sources are located. A common and legitimate question regarding ATM products is related to their uncertainties and confidence level. It is recognized that uncertainties can be estimated using a set of equivalent simulations, an ensemble, rather than a single simulation. Based on the study funded by EUVII (Heading 1, Component 4), it was found that to benefit from ensemble properties, it is sufficient to have an ensemble composed of arbitrarily selected 10 members. This conclusion is especially important in the context of operational work at IDC, which requires more than 280 ATM simulations performed daily. The current ATM operational system is based on a Lagrangian Particle Dispersion Model, FLEXPART. The work on updating FLEXPART-CTBTO version with the newest scientific enhancements implemented in the community version FLEXPART v10, was funded by EU VIII. A further enhanced version of the updated FLEXPART-CTBTO version will provide computational performance gains and more reliable and robust processing by using high performance computing resources with GPUs (Graphics Processing Unit), funded by EU Council Decision VIII (reference made to Heading 1, Component2, Project4). A new community release announced for 2023 as FLEXPART v11 and its potential improvements will also be investigated, and if deemed necessary it will be incorporated as well. The project will result in further enhancements by extending the ATM capabilities to include ensemble modelling for 10 Ensemble Prediction System (EPS) members. Using EPS analysis will allow to estimate confidence levels in ATM guidance. To fulfil this task, the prototype software developed during EUVII, facilitating the estimation of uncertainties of modelled time series for source term inversion will be further enhanced. Moreover, the use of modelled ATM uncertainties for the purpose of isotopic ratio analysis and machine learning (ML) studies will be further investigated. Introducing uncertainties in the ATM model predictions, provides for more accurate analyses for screening & timing (isotopic ratio analyses) and source localization. Ensemble prediction is also well suited as one of the methods to be used in a better background estimation of radionuclides. Overall, it gives State Parties a better understanding of the possible source location and timing of a radionuclide release and will in the long term greatly improve the quality of the verification regime. It strengthens the capabilities of the CTBT monitoring and verification system considerably by providing essential information about ATM uncertainties that has been requested by the State Signatories. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To enhance ATM system (ATM-EPS) which provides essential information about ATM uncertainties, improving credibility of the ATM results.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Prototype software allowing to implement uncertainties in ATM simulations for the purpose of isotopic ratio analysis (screening &amp; timing) and machine learning (ML) studies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>An upgraded ATM pipeline based on this prototype ATM-EPS providing additional and essential information about the ATM uncertainties, improving credibility of the ATM results</p></td></tr></tbody></table> Product 4 - Update of the multi-waveform technology processing and interactive system Background The infrasound and hydroacoustic processing software, DTK-(G)PMCC, supported through EU-VIII funding, has gone into operational use at the IDC and is now shared with member states through NDC-in-a-Box. This success now leads to requests from NDCs to continue to update the software and enhance the processing for hydroacoustic data using the tool. Moreover, there is also a need to update the associated tool DTK-DIVA, which offers the ability to do interactive analysis combining information about station noise, processing results, and, for infrasound data, to join data processing analysis with the knowledge of the atmosphere. Provision of a software to the IDC and to NDCs offers improved hydroacoustic processing (through DTK-(G)PMCC), and comprehensive analysis and visualization (through DTK-DIVA). Improved hydroacoustic processing enhances the ability of the verification regime to locate nuclear tests conducted underwater. The enhancement of DTK-DIVA enhances the ability of experts to combine a variety of information from seismic, hydroacoustic, and infrasound detections and obtain more detailed understanding of a source event. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To provide a software which is a) used by the IDC, and b) used by NDCs to do infrasound and hydroacoustic processing, and interactive analysis.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Built hydroacoustic and infrasound events, and comprehensive analysis of these events.</p></td></tr></tbody></table> Component 2: Continuing the radioxenon background campaigns in different regions of the world Impact Further improve the scientific understanding of the radioxenon background and its impact on CTBTO noble gas systems, which strengthens the capabilities of the CTBT monitoring and verification system. Background The xenon radioisotopes are the most likely to be observed noble gas signatures of underground and underwater nuclear explosions. They play a major role when confirming whether an event is nuclear in nature. Radioactive xenon monitoring is a highly sensitive technique, but the reliable interpretation of the detections strongly depends on the local background knowledge and understanding. More than 500 nuclear facilities around the world regularly release radioactive xenon during routine operations. Nuclear power plants, research reactors and medical isotope production facilities are indeed generating radioxenon during normal routine operations. The emissions from these numerous anthropogenic sources create a significant background that may hide the radioxenon signals originating from a nuclear explosion. The discrimination between the radioxenon background and signals resulting from a nuclear test is therefore a complex and challenging task. To this end, the noble gas background that can be expected in different regions of the world must be sufficiently investigated, as it is the only way to ensure a correct and accurate interpretation of radioxenon detections at the IMS stations by State Signatories. Even though the CTBTO noble gas systems form a unique network, the full range of possible background features that may occur is not fully covered. More specific empirical data are required for further developing, enhancing, and validating screening methodologies. Well-designed field measurements are the best way to gain the necessary additional knowledge of the radioxenon background, especially in regions where interferences between potential CTBT-relevant observations and the normal regional background might be observed. With the contribution received from the European Union within the framework of the EU Council Decision III, the Commission developed and purchased two transportable systems for measuring the four radioxenon isotopes of interest for the CTBTO. Within the framework of the EU Council Decision V, VI, VII and VIII, several radioxenon measurement campaigns were conducted in different parts of the world. With the contribution received from Government of Japan in 2017, the Commission purchased a third transportable system. Two systems are currently operating in Mutsu and Horonobe, Japan. These locations have been selected with the goal of temporarily running a high-density mini network in the region of the IMS noble gas system JPX38, located in Takasaki, Japan. This is the first occurrence of having several systems close enough to each other to allow specific scientific studies on experimental data, and to (1) develop and test methods to refine understanding the background and (2) design, test and further develop advanced screening methodologies. The Government of Japan has agreed before with the CTBTO’s intention of deploying a 3 rd system in Fukuoka, Japan, expanding the temporary high-density configuration towards the South-West. The deployment of this 3 rd system shall be done as soon as this is possible. An overview of past measurement campaigns is given in the following publication: https://doi.org/10.1016/j.jenvrad.2022.107053. This overview demonstrates the value of the radioxenon background measurement data collected through the years, lays out scientific findings and provides considerations for the design of future measurement campaigns. The scientific data gathered by this effort gives the scientific community the rare chance to obtain measurement data from a mini network, the correct size to measure the accuracy of their high-resolution atmospheric transport models. This, in turn, helps the scientific community much more clearly to understand how radioxenon background levels measured at stations vary, which will significantly aid the ability of the PTS to analyse the significance of radioxenon detections. When State Parties trust the ability of the verification regime to discriminate between background xenon and xenon from an event of potential interest, the non-proliferation regime is strengthened. Of direct interest for the PTS, collected data will be used to refine the understanding of, and further characterize, known sources across Eurasia frequently impacting the noble gas system JPX38. As this mini-network configuration enables the observation of the same release event at different locations close to that system, they will be used for: testing and optimizing advanced source location algorithms, and obtaining a better understanding of frequent level C episodes (where level C indicates the presence of a CTBT-relevant xenon radioisotope at anomalously high concentration). The optimization and advance of screening methods as an outcome of this campaign will be reflected in the IDC analysis, not only with regard to RN38 data, but for data of all other IMS noble gas systems. Again, this will significantly aid the ability of the PTS to analyze the significance of xenon detections, consequently strengthening the verification regime. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To improve understanding of the global radioxenon background, including its regional variations, and a better interpretation of CTBT-relevant detections. This outcome will be achieved through a large range of scientific studies performed on the collected data &#8211; by the PTS, and more generally, by the scientific community. Internally, the CTBTO has already initiated several scientific studies based on data collected by the transportable systems. This includes, for example, studies:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To better understand and characterize the contribution pattern of known sources on IMS East-Asian stations over the whole cycle of seasonal variations,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To refine knowledge on the emissions / emission patterns from the largest medical isotopes productions facilities in Europe, and assess their impact on the radioxenon background,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To investigate how additional measurements can be used to develop tools for accurately estimating the expected radioxenon background from known sources,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To develop sample association techniques using decay consistency analysis for studying the same detection event at multiple locations.</p></td></tr></tbody></table></td></tr></tbody></table> Continuing the radioxenon background measurement campaign in Japan has still a lot to offer in terms of scientific knowledge and development. There is no other place in the world where a high-density configuration operates, and this is a unique opportunity. Collecting more data with the high-density network by continuing the implementation of the ongoing campaign in Japan is crucial for strengthening conclusions from the first studies. Following the measurement campaign in Japan, the systems will be available for use by the PTS for follow up studies. Possible guidelines on the use of the transportable systems provided by the PrepCom will be duly considered and the project scope adjusted accordingly. As an alternative, the systems may also be used as temporary backup or training systems. Expected Outputs The main expected outputs are: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Better understanding / characterization of the global radioxenon background, including its regional variations, especially at the JPX38 noble gas system,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Refinement of the current understanding of known sources in Eurasia, leading to an improved understanding / interpretation of level C episodes,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Improvement of atmospheric transport modelling (ATM), especially the high-resolution (HR) ATM,</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Development, testing and optimization of advanced source location algorithms / screening methods (to be applied for data of all other IMS noble gas systems),</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Improved ability to detect, locate, and characterize a nuclear test from the radioxenon releases.</p></td></tr></tbody></table> Component 3: Sustainment of Certified IMS Auxiliary Seismic Stations Impact Improved sustainment of the IMS auxiliary seismic stations strengthens capabilities of the CTBT monitoring and verification system and contributes to the global security and nuclear non-proliferation. Background This project component will continue to address failing auxiliary seismic stations (AS) and stations with a history of poor performance which need urgent maintenance action, preferably targeting stations located in countries facing financial hardship. In addition, preventive maintenance actions will be implemented where necessary and justifiable. The latter will be done by addressing issues with obsolete equipment and consequent upgrade as well as through improvement of equipment sparing levels. The support to the IMS AS and the improvement of the technical knowledge and skills of their operator(s) include necessary and justified station visits and on-site troubleshooting during which practical demonstrations and training are also foreseen to take place. Attention is drawn to the fact that this is achieved in conjunction with other actions such as station operators’ technical trainings, which periodically take place at the Vienna International Centre. As in previous programmes, full-time staff within the Maintenance Unit of the Monitoring Facilities Support Section (IMS/MFS/M) will be required to plan and execute troubleshooting and maintenance projects at the relevant AS stations. Expected outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To address station problems caused by instrumental malfunction, equipment failure, end of life, obsolescence or lack of spares that result in extended outages or downtime contributing to poor performance and frequent loss of mission capability.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To contribute to global security on nuclear non-proliferation by making a genuine measurable impact on IMS Network Detection Capability and AS Network segment reliability. The impact of this project will be reflected in all target stations brought to a technical level compatible with the IMS technical requirements in a sustained manner through improved sustainment of the IMS AS. It is expected that it will considerably improve data availability and data quality at the stations which are the focus of the programme because of equipment repair, replacement, or system improvement.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To improve sustained performance through the strengthening of the stations&#8217; systems and equipment as well as through the enhancement of the technical knowledge of the station operators involved.</p></td></tr></tbody></table> Expected outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p><span>Increased data availability and data quality of AS stations targeted as part of this programme:</span> To reach more than 95 % data availability or as close as feasible to 100% reached in a sustained manner at target stations. The measured quantity for this expected result is authenticated data availability, which is expected to improve after the activity at the station is concluded.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p><span>Improved sustainment and stability of AS stations targeted:</span> This includes achieving better performance over time, with reduced station downtime. The measured quantity for this expected result is improved authenticated data availability over the course of a period of three months (minimum) following the conclusion of the activity at the station.</p></td></tr></tbody></table> Activities <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p><span>Technical activities:</span></p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Station problem troubleshooting and diagnostic in cooperation with the station operators.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Solution identification based on equipment repair; replacement or improvement (or a combination of these).</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Implementation, testing and training: field campaign involving equipment installation, equipment testing and training of station operators. Station visits as necessary by PTS staff.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p><span>Commercial/technical activities:</span></p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Purchase of equipment&#160;and/or services. Liaison with contractors and suppliers.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Shipping and importation (when applicable).</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Commissioning and monitoring.</p></td></tr></tbody></table></td></tr></tbody></table> Component 4: Translation of Model Text for the Draft OSI Operational Manual Impact By having the latest version of the draft OSI Operational Manual (OM) available in two more UN official languages for IFE 25, not only enhances the CTBTO multilingualism and contributes to the OSI capabilities build-up, but it also strengthens the capabilities of the CTBT monitoring and verification system. Background The On-Site Inspection (OSI) Operational Manual is one of the documents that needs to be approved following the Entry Into Force (EIF) of the CTBT. It guides the implementation of the provisions of the Treaty and its Protocol on the conduct of an OSI, and includes general principles and guidelines, as well as technical, operational, and administrative procedures. Working Group B is conducting the third round of elaboration of the draft Operational Manual by focusing on the outstanding issues and lessons learned from the Integrated Field Exercise in 2014 (IFE14). A large-scale Integrated Field Exercise (IFE) is planned to be conducted in 2025 as part of the On-Site Inspection (OSI) Exercise Programme for 2022- 2025 (CTBT/PTS/INF.1613), adopted at the Fifty-Eighth Session of the Preparatory Commission (CTBT/PC-58/2). The draft Operational Manual will be the important document to be tested in the exercise. As the response to the call for multilingualism by the States Signatories, there is a need for the document be translated into all UN languages. This will enable technical experts from all regions of the world to have a precise understanding of the document and will essentially contribute to the build-up of the OSI capabilities. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To enhance CTBTO Multilingualism and contribute to OSI capabilities build-up.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Translation of the Model Text for the Draft OSI Operational Manual in two CTBTO languages: French, Spanish.</p></td></tr></tbody></table> Activities The work to translate the latest version of the Model Text for the Draft OSI Operational Manual from English to two official CTBTO languages: French and Spanish, will be outsourced through a standing arrangement of the PTS with United Nations Office in Vienna. The translated Model Text for the Draft OSI Operational Manual should be available by latest end of May 2024. Activity 2: Integrated capacity building Component 1: OSI Regional Introductory Course (RIC) for the Geographical Region of Africa Impact Provision of foundational knowledge of the Treaty and its OSI-related provisions as well as an overview of OSI activities and equipment, using hands-on training for experts of States Signatories, in developing countries, resulting in an increase in nominations and participation in the ongoing OSI linear training programme. Background As capacity building activities, OSI Regional Introductory Courses (RIC) have proven to be fundamental in strengthening the CTBT’s verification regime, specifically in the development of an OSI Inspectorate Training Program and in the nomination of surrogate inspector trainee candidates for that program from Signatory States. Records show a correlation between the increased numbers of nominees from a geographical region after the conduct of a RIC. The Commission has initiated the OSI Training Linear Programme (2022-2025) which aims for the integration of training for all training cycles and to provide for more effective skills maintenance training. The project is to conduct 1 RIC in the CTBT African geographical region in order to have the broadest geographical and gender pool of trainees under the OSI Training Linear Programme. The Regional Introductory Course will be conducted in March 2024. The RIC is delivered as an 8 day on-site blended learning course that incorporates theoretical and mostly hands—on introductory training on OSI treaty protocols, equipment, techniques, and procedures. The RICs end with a capstone field exercise that validates the effectiveness of the training program. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To acquaint national technical experts and personnel from the States Signatories of the region with the OSI regime.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To broaden the pool of experts from the States Signatories of the region who are available to participate in OSI related activities and to identify potential candidates for the Provisional Technical Secretariat (PTS) roster of surrogate inspectors.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Quantitative increase of participation of experts from this region in the ongoing OSI Linear Training Programme.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Means of verification will be a comparative analysis of the roster of Surrogate Inspectors in the OSI Database from the 1st to the 3rd Training cycles versus the roster at the mid-point of the OSI Linear Training Programme.</p></td></tr></tbody></table> Activities <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>RIC-26 to be conducted in the African region in early 2024.</p></td></tr></tbody></table> Component 2: Building Capacity of National Data Centres Impact Strengthen and maintain support for the Treaty’s verification regime through the establishing and improving National Data Centres (NDCs) capacities of States Signatories, in particular in developing countries, to enable them to take full advantage of the data and products generated by the verification system. Background Capacity building has proven to be fundamental underpinning the CTBT verification regime. The Commission continues supporting the States Signatories in assisting and providing means to develop capabilities to actively participate in CTBT verification regime. Developing countries from different continents have started taking advantage of the provision of IMS data and IDC products as these are useful not only for verification purposes but also for civil, scientific, and industrial applications. The capacity building strategy of the Commission has been recognised by Working Group B (WGB). During the lifespan of the European Union funding, scientific and technical staff of States Signatories have participated in specialised trainings on the use of the NDC-in-a-box software package, as well as CTBT-related knowledge that directly benefits national authorities. Developing countries institutions hosting NDCs have also been benefitting from provision of basic equipment to establish or further develop their capacity for data processing. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To strengthen CTBT verification regime and increase use of IMS data and IDC products by NDCs of developing countries.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Provision of the Capacity Building System (CBS) equipment to NDCs to support the establishment and further development of national capacity to participate actively in the verification regime by accessing and analysing IMS data and IDC products.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>On-site technical visits to NDCs for providing technical assistance for installation&#160;and/or maintaining of a Capacity Building System.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Support for experts from developing countries with needed background and training to facilitate their participation of Workshops and Training courses organized by the CTBTO.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Organization of regional workshops and trainings.</p></td></tr></tbody></table> Activities <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Two NDC trainings and two regional workshops</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Four SeisComP training courses</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Six follow&#160;up/maintenance visits</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The purchase of sixteen CBS systems including heavy duty servers with large storage and installation of standardised software</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Maintenance for CBS systems.</p></td></tr></tbody></table> Component 3: Participation of technical experts from developing countries in official technical meetings of the CTBTO Preparatory Commission (Technical Experts Support Project, in short TESP) ( 1 ) Impact To strengthen the universal character of the CTBTO Preparatory Commission, boost inclusivity and diversity through increased technical capacity of experts in developing countries to meaningfully contribute to CTBTO policy-making processes. Background In November 2006, during its Twenty-Seventh Session (13-17 November 2006), the Commission agreed to establish a pilot project aimed to support the participation of technical experts from developing countries in the work of Working Group B (TESP). The TESP has since been repeatedly extended. Many developing countries lack the financial resources to enable their experts to participate in the scientific and technical work being undertaken in official technical meetings of the CTBTO Preparatory Commission. This means that there is a clear and systemic deficit in the involvement of developing country representatives in recommendations made and decisions taken, on key technical issues relevant to the Treaty’s verification regime. This deficit is particularly problematic given that many stations of the Treaty’s International Monitoring System are, or will be, located on the territory of developing countries and are managed by their country’s institutions. Moreover, many developing countries are in the process of establishing and improving their NDCs to enable them to take advantage of the data products generated by the verification system, to be used not just for verification but also for civil and scientific purposes. The funding will allow the CTBTO to select at least 12 leading technical experts from developing countries working on CTBT-related issues and fund their participation in Working Group B on verification issues meetings twice a year at the CTBTO Headquarters in Vienna, Austria. Achieving gender balance and geographical spread will be key criteria for selection consideration. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To enhance the knowledge and skills of technical experts from developing countries regarding CTBTO's verification technologies and the broader civil and scientific applications, which will ultimately contribute to long-term national development outcomes in relevant areas.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To improve gender balance and geographical diversity among experts from developing countries engaged in policy discussions on the CTBT verification regime.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Attendance of at least 12 technical experts from developing countries for two in-person Working Group B meetings per year in Vienna is funded (with an equal male to female ratio).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Training of experts on scientific and technical aspects with respect to the CTBT verification technologies and civil and scientific applications.</p></td></tr></tbody></table> Activity 3: Outreach Component 1: Next Generation Outreach for the CTBT Impact Development of a pool of future leaders in disarmament and non-proliferation spheres, by encouraging intergenerational dialogue, cross-regional synergies, and cross-dimensional studies, eventually contribution in strengthening the capabilities of State Signatories to the CTBT. Background The empowerment of the next generation of experts, capable of advocating for the mission of the CTBT, both politically and technically, and advancing the universalization and entry into force of the Treaty is a cross-cutting commitment of the CTBTO. Since 2016, the CTBTO has been at the forefront within the UN system of opening its fora to civil society and actively engaging the next generation, especially through the flagship CTBTO Youth Group outreach programme. The programme has offered the next generation of experts (coming from over 125 countries), unique capacity building, research, and educational opportunities in the typically closed nuclear non-proliferation and disarmament environment. The component will support a sustainable, scalable, and well-governed ecosystem of youth initiatives, that aims to build youth capacities globally with ever greater insight and impact. The aim is to organize capacity building activities tailored to specific target groups, such as young journalists, scholars and prospective decision-makers from the remaining non-ratifying and non-signatory States of the CTBT. This approach will raise awareness and foster informed advocacy for the CTBT among the next generation of experts from diverse backgrounds, and eventually, support the universalization and entry into force of the Treaty. Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To establish a new cohort of empowered and engaged young professionals, equipped with a keen knowledge of nuclear disarmament and the CTBT, its universalization and entry into force.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To increase and diversify (both regionally and profile-wise) the network of young professionals that support universalization and entry into force of the Treaty, while simultaneously helping to improve the international visibility of the CTBT.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To improve social media presence of CTBT-related topics.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Series of lectures with leading communications experts.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Capacity building of the next generation of journalists in nuclear disarmament and non-proliferation, providing them with a comprehensive vision of the CTBT and its role within the international peace and security field.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Science and Technology Conference and Science Diplomacy Symposium coverage by graduates of the Citizen Journalism Academy, raising the profile of the Treaty among youth audiences.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Social media and outreach products featuring the CTBT developed and published online by the CTBTO Youth Group members.</p></td></tr></tbody></table> Activities <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Participation of CYG members at Science Diplomacy Symposium 2024 and&#160;2026</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Participation of CYG members at Science and Technology Conference 2025</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Citizen Journalism Academy</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The Citizen Journalism Academy will strengthen the communication and social media skills of Youth Group members. Professional social media trainers will provide hands-on workshops and mentoring to CYGs, teaching them how to:</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>conduct effective interviews with various stakeholders - diplomats, technical experts, other young people &#8211; on how to prepare, research, and pose appropriate questions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>develop professional products to post on Facebook, Twitter, YouTube, and others, using Canva and other mobile journalism techniques to record audio and create impactful visual images.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>conduct successful outreach events.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>optimise social media use for powerful message delivery.</p></td></tr></tbody></table> Component 2: CTBTO Mentoring Programme Impact Creating a talent pipeline of 12 early-career female candidates for positions in non-proliferation and nuclear disarmament to strengthen the capabilities of the States Signatories to the CTBT to fulfil their verification responsibilities under the CTBT and to enable them to benefit fully from their participation in the CTBT regime. Background In 2022, CTBTO launched a tailored mentoring programme for 12 early-career women in STEM on the margins of CTBT’s Anniversary and the planned Science and Diplomacy Symposium. CTBTO is dedicated to connecting early-career women in STEM with the PTS technical experts. Mentoring provides an opportunity for women to build networks, strengthen desired skill sets and gain clarity around their personal and professional goals. Mentoring is an opportunity for all involved - mentors and mentees – to learn and enhance their skills. The Preparatory Commission of the CTBTO recognizes, however, that to reach gender parity and to address existing inequalities, men play an important role. As such, the PTS mentors include both women and men. This virtual Mentoring Programme for all early-career women in STEM (preference is given to candidates from Africa; Latin America and the Caribbean; the Middle East and South Asia; South-East Asia, the Pacific and the Far East) is one example of CTBTO’s initiatives aimed at creating a talent pipeline supporting gender equality, diversity and the empowerment of the next generation. As a result of the 2022 pilot version of the Mentoring Programme, mentees participated, among other things, in one-on-one mentoring sessions to monthly thematic seminars coupled with skill boosters and sessions on raising awareness of the CTBTO's mission and activities. One of their goals was also to formulate research papers to be presented at the 2023 Science and Technology Conference on 19-23 June. Mentees were also able to participate in the 2022 Science and Diplomacy Symposium. Another initiative developed as part of this programme is providing these mentees with an advanced opportunity for their career path. One of the mentees was nominated by her Permanent Mission to participate in CTBTO capacity-building activities to train surrogate inspectors for the successive cycles of the Mentoring Programme, CTBTO aims at broadening the Observer status for the mentees in other CTBTO capacity-building activities. Beyond the formal induction programme, CTBTO expects these women to become part of the talent pipeline for competitive and high-quality candidates for future technical positions in the Secretariat. Benefits for mentors: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>sharing experiences and knowledge.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>practicing and reinforcing their skills.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>learning and growing professionally and personally.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>seeing different perspectives and learning from the experiences of others.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>making new connections across a wide network of professionals.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>contributing to an enabling work environment in and beyond CTBTO.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>gaining the satisfaction of adding to others&#8217; development and success, while possibly making a real difference in their mentee&#8217;s life.</p></td></tr></tbody></table> Benefits for mentees: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>sharing experiences, learning, and receiving tailored professional guidance.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>building confidence, developing skills, and strengthening competencies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>increasing motivation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>developing strategies for dealing with professional needs in a safe and supportive space.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>learning and growing professionally and personally.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>seeing different perspectives and learning from the experiences of others.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>encouraging greater self-efficacy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>making new connections across a wide network of professionals.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Benefits for the Commission and the countries:</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>facilitating the exchange of information on career opportunities and relevant events and promoting through dedicated support the submission of applications by the targeted audience for vacant positions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>creating a pool of potential technical experts contributing to the Organization.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>ensuring that early career individuals may have access to meaningful job experience qualifying them to contribute to the mission of international organizations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>strengthening an enabling work environment in and beyond the CTBTO.</p></td></tr></tbody></table> Expected Outcome <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To create a pool of potential competent female candidates for early-career positions in non-proliferation and nuclear disarmament.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To support early-career female professionals' that have an interest in CTBT.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To raise awareness of CTBT verification regime.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To identify and engage with women who are technical experts.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To increase talent pool of experts (including from NDCs) who may consider applying for posts through the regular recruitment process.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>To improve reporting to the Working Group B (WGB) on Cross-Cutting Issues, covering the underrepresentation of women in WGB-related activities.</p></td></tr></tbody></table> Expected Outputs <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Identification, development, and support for another cohort of 12 early-career women in STEM from underrepresented geographical regions who, with an improved understanding of the CTBT and its verification regime, may become candidates for participating in CTBTO held events and positions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Invitation to travel to Vienna and participate in the CTBTO&#8217;s Shadowing Programme to get a better understanding of the Secretariat&#8217;s, at the end of the Mentoring Programme. The mentees will present their progress, developed during the Mentoring Programme.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Utilization of the LinkedIn platform to develop a space that encourages and facilitates the connection among Mentees and Mentors and help them stay informed of CTBTO career opportunities and activities.</p></td></tr></tbody></table> Activities <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Career Workshop (Virtual) that includes 3 exercises (skill boosters).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Communication Workshop (Virtual) that includes 3 exercises (skill boosters).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Workshop from International Data Center (Virtual) that includes 3 exercises (skill boosters).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Workshop from International Monitoring System (Virtual), that includes 3 exercises (skill boosters).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Workshop from On-Site Inspection (Virtual) that includes 3 exercises (skill boosters).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>In-person Shadowing Programme for mentees.</p></td></tr></tbody></table> <note> ( 1 ) Abbreviation reference change proposed to read ‘Technical Experts Support Project’ [TESP] as no longer a “pilot project” after 16 years of its existence </note>
ENG
32023D2064
<table><col/><col/><col/><tbody><tr><td><img/></td><td><p>Official Journal<br/>of the European Union</p></td><td><p>EN</p><p>Series L</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2023/2827</p></td><td><p>14.12.2023</p></td></tr></tbody></table> COUNCIL DECISION (EU, Euratom) 2023/2827 of 12 December 2023 amending the Council’s Rules of Procedure THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(3) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>When an act is to be adopted by the Council acting by qualified majority, it has to be verified that the Member States constituting the qualified majority represent at least 65&#160;% of the population of the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>That percentage is calculated according to the population figures set out in Annex&#160;III to the Council&#8217;s Rules of Procedure (the &#8216;Rules of Procedure&#8217;)&#160;<a>(<span>1</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Article&#160;11(6) of the Rules of Procedure provides that, with effect from 1 January each year, the Council is to amend the figures set out in that Annex, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The Rules of Procedure should therefore be amended accordingly for the year 2024.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>In accordance with Article&#160;106a of the Treaty establishing the European Atomic Energy Community, Article&#160;240 of the Treaty on the Functioning of the European Union applies to the European Atomic Energy Community,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 Annex III to the Rules of Procedure is replaced by the following: ‘ANNEX III Figures concerning the population of the Union and the population of each Member State for implementing the provisions concerning qualified majority voting in the Council <table><col/><col/><col/><tbody><tr><td><p>Member State</p></td><td><p>Population</p></td><td><p>Percentage of the population of the Union (%)</p></td></tr><tr><td><p>Germany</p></td><td><p>84&#160;311&#160;244</p></td><td><p>18,72</p></td></tr><tr><td><p>France</p></td><td><p>68&#160;070&#160;697</p></td><td><p>15,11</p></td></tr><tr><td><p>Italy</p></td><td><p>59&#160;691&#160;110</p></td><td><p>13,25</p></td></tr><tr><td><p>Spain</p></td><td><p>48&#160;063&#160;694</p></td><td><p>10,67</p></td></tr><tr><td><p>Poland</p></td><td><p>37&#160;723&#160;532</p></td><td><p>8,37</p></td></tr><tr><td><p>Romania</p></td><td><p>19&#160;051&#160;562</p></td><td><p>4,23</p></td></tr><tr><td><p>Netherlands</p></td><td><p>17&#160;956&#160;453</p></td><td><p>3,99</p></td></tr><tr><td><p>Belgium</p></td><td><p>11&#160;754&#160;004</p></td><td><p>2,61</p></td></tr><tr><td><p>Czechia</p></td><td><p>10&#160;833&#160;385</p></td><td><p>2,40</p></td></tr><tr><td><p>Sweden</p></td><td><p>10&#160;541&#160;000</p></td><td><p>2,34</p></td></tr><tr><td><p>Portugal</p></td><td><p>10&#160;516&#160;621</p></td><td><p>2,33</p></td></tr><tr><td><p>Greece</p></td><td><p>10&#160;415&#160;585</p></td><td><p>2,31</p></td></tr><tr><td><p>Hungary</p></td><td><p>9&#160;599&#160;744</p></td><td><p>2,13</p></td></tr><tr><td><p>Austria</p></td><td><p>9&#160;087&#160;000</p></td><td><p>2,02</p></td></tr><tr><td><p>Bulgaria</p></td><td><p>6&#160;498&#160;567</p></td><td><p>1,44</p></td></tr><tr><td><p>Denmark</p></td><td><p>5&#160;921&#160;952</p></td><td><p>1,31</p></td></tr><tr><td><p>Finland</p></td><td><p>5&#160;593&#160;070</p></td><td><p>1,24</p></td></tr><tr><td><p>Slovakia</p></td><td><p>5&#160;454&#160;629</p></td><td><p>1,21</p></td></tr><tr><td><p>Ireland</p></td><td><p>5&#160;194&#160;336</p></td><td><p>1,15</p></td></tr><tr><td><p>Croatia</p></td><td><p>3&#160;850&#160;894</p></td><td><p>0,85</p></td></tr><tr><td><p>Lithuania</p></td><td><p>2&#160;857&#160;279</p></td><td><p>0,63</p></td></tr><tr><td><p>Slovenia</p></td><td><p>2&#160;116&#160;972</p></td><td><p>0,47</p></td></tr><tr><td><p>Latvia</p></td><td><p>1&#160;883&#160;008</p></td><td><p>0,42</p></td></tr><tr><td><p>Estonia</p></td><td><p>1&#160;365&#160;884</p></td><td><p>0,3</p></td></tr><tr><td><p>Cyprus</p></td><td><p>920&#160;701</p></td><td><p>0,2</p></td></tr><tr><td><p>Luxembourg</p></td><td><p>658&#160;278</p></td><td><p>0,15</p></td></tr><tr><td><p>Malta</p></td><td><p>542&#160;051</p></td><td><p>0,12 &#8217;</p></td></tr><tr><td><p>EU 27</p></td><td><p>450&#160;473&#160;252</p></td><td><p>&#160;</p></td></tr><tr><td><p>Threshold (65&#160;%)</p></td><td><p>292&#160;807&#160;614</p></td><td><p>&#160;</p></td></tr></tbody></table> ’. Article 2 This Decision shall enter into force on the date of its publication in the Official Journal of the European Union . It shall apply from 1 January 2024. Done at Brussels, 12 December 2023. For the Council The President P. NAVARRO RÍOS ( 1 ) Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure ( OJ L 325, 11.12.2009, p. 35 ). ELI: http://data.europa.eu/eli/dec/2023/2827/oj ISSN 1977-0677 (electronic edition)
ENG
32023D2827
<table><col/><col/><col/><col/><tbody><tr><td><p>14.10.2019&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>LI 261/1</p></td></tr></tbody></table> REGULATION (EU) 2019/1700 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 10 October 2019 establishing a common framework for European statistics relating to persons and households, based on data at individual level collected from samples, amending Regulations (EC) No 808/2004, (EC) No 452/2008 and (EC) No 1338/2008 of the European Parliament and of the Council, and repealing Regulation (EC) No 1177/2003 of the European Parliament and of the Council and Council Regulation (EC) No 577/98 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Acting in accordance with the ordinary legislative procedure ( 1 ) , Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Statistical data and indicators are the backbone of responsible evidence&#8208;based policies. In the context of the Europe 2020 Strategy and the strengthening of economic governance, social indicators play an essential role in informing and supporting the Union&#8217;s key priorities. Those priorities relate in particular to inclusive and sustainable growth and job creation; social cohesion; the reduction of poverty, inequalities and social exclusion; the inclusion of people with disabilities, and equal treatment; and skills, mobility and the digital economy. In particular, social indicators are needed to provide a sound statistical basis for developing and monitoring the policies introduced by the Union and the Member States to address those priorities. High&#8208;quality social statistics are needed to improve the resilience of the Union and its cohesion targets and to preserve its welfare levels. Sound data are also of utmost importance as a bulwark against misinformation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>To strengthen the social goals of the European semester, social statistics have a paramount role, and it is essential to improve the availability of social indicators in order to ensure that they are provided in due time for the relevant policy frameworks. Enhancing the social dimension of the European semester would improve the resilience of the Union and its cohesion targets, and would ensure that welfare levels are maintained.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>In line with the &#8216;Beyond GDP&#8217; initiative, it is important to address social aspects of progress with strong indicators focusing on the situation of citizens, describing the distributions of material living conditions and inequalities as well as investigating better the multiple dimensions of quality of life.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>European social statistics should be provided on the basis of equal treatment of all types of users, such as policy&#8208;makers, public administrations, researchers, trade unions, students, civil society representatives including non&#8208;governmental organisations, and citizens, which should be able to access statistics freely and easily through Commission (Eurostat) databases on its website and in its publications. In that regard, the timeliness and user&#8208;friendliness of the Commission (Eurostat) website should be further improved.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>It is therefore of paramount importance that social indicators are of the necessary high quality, in particular in terms of their accuracy, timeliness, usability and accessibility, their relevance, their adaptability to new users&#8217; requests, as well as their comparability, coherence and efficiency. In particular it is essential to improve the timeliness of social indicators so that they are available in due time for the relevant policy frameworks, including the European Semester. Moreover, more accurate and timely indicators could significantly benefit the monitoring of the United Nations Sustainable Development Goals.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>In order to assess the situation of households and persons, it is important to measure income and estimate the minimum level of resources required to participate adequately in society. It is therefore essential to improve data collection and the methodology of standardised indicators in order to provide reference budget estimations on a regional basis, as well as to aim to ensure better coverage of the populations concerned. Statistical data should provide a robust basis for the setting up of indicators adapted to the variety of possible users.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>Income is widely used when assessing the situation of households. However, it is also important to measure consumption, wealth and debts, including possible debts in foreign currency, both from a household and from a macroeconomic perspective. Moreover, poverty, in particular child poverty, is a multifaceted phenomenon which involves not only material living conditions, such as level of income, consumption, wealth and debt, but also health, education, and access to and use of services. Furthermore, in order to address unemployment adequately, in particular youth unemployment, and new employment trends, especially in the context of digital economy, it is important to have extensive, sound and comparable statistical data.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>European statistics relating to persons and households are currently collected on the basis of a number of legislative acts covering surveys on persons and households, demographic statistics, population and housing censuses and data mainly collected from administrative sources. Some data are also gathered from business surveys. Despite significant improvements in recent years, there is a need to further integrate and streamline the data collection for statistics in a more holistic manner, based on surveys conducted on persons and households throughout the Union. In order to obtain sound data for research and policy&#8208;making, it is essential to increase investment in high&#8208;quality, more accurate and holistic data collection, because sound data are a pre&#8208;condition for responsible policy&#8208;making.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>To improve data quality and efficiency, the use of administrative records should be encouraged to the extent possible. The possibility of using administrative sources for statistical purposes has already widened significantly, thanks to technological advances. The use of administrative sources should be further actively promoted in the area of social statistics, while always ensuring the quality, in particular the accuracy, timeliness and comparability of those statistics. Other data sources adapted to persons or relevant subjects which cannot be accessed through administrative records should also be maintained, while safeguarding the right to the protection of personal data.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The Commission Communication of 10 August 2009 on the production method of EU statistics: a vision for the next decade emphasised the increasing use of multiple data sources and innovative data collection methods as well as the growing importance of harmonising statistical concepts and methods across domains. It called for a new generation of statistical law that would address broader areas.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>In 2011, the European Statistical System Committee (ESSC) established by Regulation (EC) No 223/2009 of the European Parliament and of the Council&#160;<a>(<span>2</span>)</a> endorsed the Wiesbaden Memorandum on a New Conceptual Design for Household and Social Statistics, according to which the European surveys that provide data relating to persons and households should be streamlined, and additionally less frequent microdata collection should be used to complement those core social surveys. Furthermore, access to administrative data should be enhanced, and the re&#8208;use of existing data sources and access to new data sources should be developed at Union and national level.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>The European Statistical System (ESS) is committed to engaging all users in a proactive manner by meeting their demands in a responsive manner and to reinforcing cooperation between the Commission (Eurostat), the national statistical institutes (NSIs), the national central banks, the European Statistical Advisory Committee and the Union agencies. It is therefore of the utmost importance that input by all stakeholders, including policy&#8208;makers, researchers and academics, data producers, civil society and other interest groups, be duly taken into account when adapting and modernising the social surveys.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>Those developments need to be gradually streamlined and statistical law in the area of social statistics needs to be modernised in order to ensure that high&#8208;quality social indicators are produced in a more integrated, adaptable, flexible, efficient and timely manner, in order to respond to developments in society. At the same time, due consideration must be given to the needs of users, to the burden on respondents, to Member States&#8217; capacities and resources, to the reliability and accuracy of the methods used, to the technical feasibility of producing the statistics, to the time within which statistics can be available and to the reliability of the results.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>In particular, none of the measures taken for the purpose of applying this Regulation should impose significant additional costs which result in a disproportionate or unjustified burden on the respondents and the Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>Regulation (EC) No 223/2009 provides the general legal framework for European Statistics and Article 13 thereof establishes the European statistical programme. This Regulation sets up a specific framework for European statistics relating to persons and households, based on data at individual level collected from samples. It specifies the data and information to be collected by Member States and transmitted to the Commission (Eurostat), and the fundamental quality requirements to be met. It provides for more detailed technical specifications to be given in delegated and implementing acts. It allows the various data collections to be integrated with one another and with the use of administrative records, while consolidating and simplifying existing law, in accordance with the European statistical programme.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Union law concerning social statistics based on data at individual level was adopted to respond to certain policy needs existing at the time of its adoption. The social area is, however, characterised by new and fast changing realities. New social circumstances and phenomena are emerging, which make it necessary to update the existing legal framework at Union level. This Regulation should therefore provide for a rich statistical base that adequately covers and reflects current needs and allows for the development and production of statistical data that are responsive to the future needs of policy-makers, users and the public at large, taking into account statistical comparability at international level. This Regulation should, in particular, provide for high flexibility for further developments in the field of statistics relating to persons and households. It is also essential that data collection be carried out using the latest technological changes.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>In order to better streamline and rationalise the reference framework for European social statistics based on data collected from samples, existing European statistics relating to persons and households based on data at individual level should be brought together under one framework. This would guarantee that European social statistics based on data collected from samples including the labour force, income and living conditions, health, education and training, use of information and communication technologies, time use and consumption domains are produced in a more consistent and coordinated way.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>In accordance with the objectives of this Regulation, the Commission should institute feasibility and pilot studies aiming to improve the quality of the data sets and social indicators. Such studies should cover data comparability, developing new methodologies, modernising data collection and meeting users&#8217; new demands, especially addressing populations that are difficult to reach, data on specific sub&#8208;populations, in particular those that are the most vulnerable, making available statistics at NUTS 2 territorial level, and producing data at detailed local level in a cost&#8208;effective and responsive manner. Member States should cooperate with regard to those feasibility and pilot studies and the Commission should be able to provide financial support for their implementation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>For the labour force and income and living conditions domains, in order to adapt to users&#8217; needs and new expectations, it should be possible to collect data on ad&#8208;hoc subjects at a specific time in order to allow the variables collected on a regular basis to be supplemented by complementary variables, highlighting unexplored aspects of the labour force and income and living conditions. In justified cases, it should be possible for those data also to cover topics not provided for in this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>A core set of harmonised variables should be provided for every domain, with a view to better exploiting and disseminating the data available to the Commission (Eurostat) and, in particular, as a prerequisite for data matching and cross&#8208;cutting analyses. That practice is likely to help increase the analytical potential of data sets through the application of modelling techniques and achieve economies of scale.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>Data collection in the time use and consumption domains at Union level provides important multi&#8208;purpose data for Union policies affecting the lives of citizens. Time use data has proven to be of utmost importance in assessing, inter alia, gender equality in sharing work and care responsibilities or in measuring unpaid work. Consumption is also an important element of the material living conditions of the citizens. Data collection, which in both domains is carried out voluntarily by many Member States, on the basis of agreements and general guidelines, should be further developed and modernised. Data collection should be mandatory for the consumption domain and optional for the time use domain. Where implemented, such collection should, however, take place in accordance with this Regulation, so as to ensure comparability. In the long term, all Member States should aim to participate in data collection for the time use domain. Where possible, Union financial support should be provided for the modernisation and implementation of data collection in the time use and consumption domains.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>Due to their specificities, demographic statistics within the meaning of Regulation (EU) No 1260/2013 of the European Parliament and of the Council&#160;<a>(<span>3</span>)</a>, population and housing censuses within the meaning of Regulation (EC) No 763/2008 of the European Parliament and of the Council&#160;<a>(<span>4</span>)</a>, business surveys, and statistics based mainly on administrative sources, are not covered by this Regulation and should be governed separately by specific frameworks adapted to their characteristics.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>Statistics are no longer considered to be just one of many sources of information for policy&#8208;making purposes, but instead play a central role in the decision&#8208;making process. Evidence&#8208;based decision&#8208;making requires statistics that meet high&#8208;quality criteria, as set out in Regulation (EC) No 223/2009, in accordance with the purposes they are serving.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>High&#8208;quality social data are not only necessary for policy purposes but also for research and as a component of sound information infrastructure. Researchers acquiring access to microdata for scientific purposes, granted on the basis of Commission Regulation (EU) No 557/2013&#160;<a>(<span>5</span>)</a> as regards access to confidential data without direct identifiers for scientific purposes, would benefit greatly from having better linked statistical data sets.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>Income, consumption and wealth are three dimensions determining the material wellbeing of households. It is important to seek, across the existing data sources, to describe better those dimensions, the distribution of each of them as well as their joint distribution across households, more accurately taking into account the existence of several data sources and seeking reinforcement of their joint use. This Regulation should therefore include and enhance the consumption domain and the linkages between those three dimensions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>Regulation (EC) No 223/2009 requires Member States to comply with the statistical principles and quality criteria specified in that Regulation. Quality reports are essential for assessing, improving and communicating on the quality of European statistics. The ESSC has endorsed an ESS Standard for Quality Reports Structure, in accordance with Article 12 of that Regulation. The European Statistics Code of Practice is the backbone of the ESS common quality framework, setting standards for the development, production and dissemination of European statistics. This should contribute to the harmonisation of quality reporting under this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>Regulation (EC) No 223/2009 includes rules on the transmission of data from the Member States to the Commission (Eurostat) and on the use thereof, including on the transmission and protection of confidential data. Measures taken in accordance with this Regulation should ensure that confidential data are transmitted and used exclusively for statistical purposes in accordance with Articles 21 and 22 of Regulation (EC) No 223/2009.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>Regulations (EU) 2016/679&#160;<a>(<span>6</span>)</a> and (EU) 2018/1725&#160;<a>(<span>7</span>)</a> of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the Council&#160;<a>(<span>8</span>)</a> apply to the personal data covered by this Regulation. In particular, statistical data required for the purpose of developing and monitoring Union and national actions and strategies in the areas of public health and health and safety at work should be regarded as data processed for reasons of substantial public interest.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>Reliable statistics are needed at national as well as at regional level where better comparability is required. It is important that aggregated data be made available for comparable territorial units such as NUTS 2, while taking costs into account and providing Member States with the appropriate financial resources. In accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council&#160;<a>(<span>9</span>)</a>, all Member States&#8217; statistics that are transmitted to the Commission (Eurostat) and that are to be broken down by territorial units should use the NUTS classification. Consequently, in order to establish comparable regional statistics, data on the territorial units should be provided in accordance with the NUTS classification. In the longer term, efforts should be made to achieve more detailed local data, based on the infrastructure set up by Directive 2007/2/EC of the European Parliament and of the Council&#160;<a>(<span>10</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>In order to take account of economic, social and technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in order to amend the detailed topics set out in Annex I, to put in place or adapt the eight&#8208;year multiannual rolling planning for the collection of data covered by this Regulation in accordance with the periodicity specified in Annex IV, and to establish the number and title of variables. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law&#8208;Making&#160;<a>(<span>11</span>)</a>. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States&#8217; experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p>In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the description of variables, the technical specifications of the particular data sets, the technical items when they are common to several data sets, the technical formats needed to facilitate the transmission of information from the Member States to the Commission (Eurostat), the sampling frames, in particular setting out the minimum requirements of the sampling frames, the arrangements for and the content of the quality reports, and any derogations. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council&#160;<a>(<span>12</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(32)</p></td><td><p>Where the implementation of this Regulation would require major adaptations to the national statistical system of a Member State, the Commission should be able, in duly justified cases and for a limited period of time, to grant derogations to the Member States concerned. Such major adaptations may arise in particular from the need to improve timeliness, to adapt the design of the data collection, including the access to administrative sources, or to develop new innovative tools to produce data. Where appropriate, a Union financial contribution should also be provided to Member States in the form of grants, in particular for capacity&#8208;building in accordance with Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council&#160;<a>(<span>13</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(33)</p></td><td><p>Collaboration and coordination between the authorities in the framework of the ESS should be reinforced to ensure coherence and comparability of European social statistics produced in accordance with the principles laid down in Article 338(2) TFEU. There is also data collection by other Union bodies, in particular Union agencies, as well as the academic community, beyond those referred to in this Regulation. Cooperation between such actors and those involved in the ESS should therefore be reinforced in order to take advantage of synergies.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(34)</p></td><td><p>Since the objective of this Regulation, namely the establishment of a common framework for European statistics relating to persons and households, based on data at individual level collected from samples, cannot be sufficiently achieved by the Member States but can rather, by reason of harmonisation, data quality and comparability, be better achieved at Union level, and because high&#8208;quality statistics that are collected in a harmonised manner provide a major added value to policy&#8208;making at Union and Member State levels, the Union may adopt measures, in accordance with the principle of subsidiarity 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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(35)</p></td><td><p>The European social statistics based on data collected from samples and the data collection process should become more efficient and relevant. European statistics relating to persons and households, based on data at individual level collected from samples are currently regulated in a number of separate legislative acts which should be replaced by this Regulation. It is therefore necessary to repeal Council Regulation (EC) No 577/98&#160;<a>(<span>14</span>)</a> and Regulation (EC) No 1177/2003 of the European Parliament and of the Council&#160;<a>(<span>15</span>)</a> and to amend relevant parts of Regulations (EC) No 808/2004&#160;<a>(<span>16</span>)</a>, (EC) No 452/2008&#160;<a>(<span>17</span>)</a> and (EC) No 1338/2008&#160;<a>(<span>18</span>)</a> of the European Parliament and of the Council.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(36)</p></td><td><p>The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council&#160;<a>(<span>19</span>)</a> and delivered an opinion on 1 March 2017&#160;<a>(<span>20</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(37)</p></td><td><p>The ESSC has been consulted,</p></td></tr></tbody></table> HAVE ADOPTED THIS REGULATION: Article 1 Subject‐matter and scope 1. This Regulation establishes a common framework for European statistics relating to persons and households, based on data at individual level collected from samples of those persons and households. 2. This Regulation does not apply to population and housing censuses as referred to in Regulation (EC) No 763/2008. Article 2 Definitions For the purposes of this Regulation, the following definitions apply: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>&#8216;microdata&#8217; means non&#8208;aggregated observations or measurements of characteristics of individual units, without direct identifier;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>&#8216;pre&#8208;checked aggregated data&#8217; or &#8216;pre&#8208;checked microdata&#8217; means data or microdata without direct identifiers, verified by the Member States on the basis of common validation rules where available;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>&#8216;domain&#8217; means one or several data sets that covers particular topics;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>&#8216;observation unit&#8217; means an identifiable entity about which data can be obtained;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>&#8216;topic&#8217; means the content of the information to be collected about the observation units, each topic covering a number of detailed topics;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>&#8216;detailed topic&#8217; means the detailed content of the information to be collected about the observation units related to a topic, each detailed topic covering a number of variables;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>&#8216;variable&#8217; means a characteristic of an observation unit that may assume more than one of a set of values;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>&#8216;administrative records&#8217; mean data generated by a non&#8208;statistical source, usually a public body, the main aim of which is not the provision of statistics;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>&#8216;ad&#8208;hoc subjects&#8217; means themes that are of particular interest to users at a specific point in time but that are not included in the regular data sets;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>&#8216;headline indicator&#8217; means widely used information that serves to monitor a central objective of Union policy;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>&#8216;usual residence&#8217; means the place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage. The following persons alone are considered to be usual residents of a specific geographical area:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>those who have lived in their place of usual residence for a continuous period of at least 12 months before the reference time; or</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>those who arrived in their place of usual residence during the 12 months before the reference time with the intention of staying there for at least one year.</p></td></tr></tbody></table><p>Where the circumstances described in point (a) or (b) cannot be established, &#8216;usual residence&#8217; can be taken to mean the place of legal or registered residence;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>&#8216;metadata&#8217; means information that is needed to use and interpret statistics and that describes data in a structured way;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>&#8216;quality report&#8217; means a report conveying information about the quality of a statistical product or process;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>&#8216;sampling frames&#8217; means a list, map or other specification of the units which determine a population that is to be completely enumerated or sampled;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>&#8216;private household&#8217; means a person living alone or a group of persons who live together, providing oneself or themselves with the essentials of living.</p></td></tr></tbody></table> Article 3 Domains and data sets 1. Data collection as referred to in Article 1, carried out by the Member States, shall be organised into the following domains: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>labour force;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>income and living conditions;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>health;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>education and training;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>use of information and communication technologies;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>time use;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>consumption.</p></td></tr></tbody></table> 2. With regard to the time use domain, data collection as referred to in Article 1, carried out by the Member States, shall be optional. Where a Member State collects data for the time use domain, it shall do so in accordance with this Regulation in order to ensure comparability. In the long term, all Member States shall aim to carry out data collection for the time use domain. 3. For all domains referred to in paragraph 1, the data sets shall cover the following common topics, further details of which are set out in Annex I: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>technical items;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>person and household characteristics;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>health: status and disability, access to and availability and use of health care and health determinants;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>labour market participation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>educational attainment and background.</p></td></tr></tbody></table> For some domains, data sets shall further detail those common topics, as set out in Annex I. 4. In addition to the topics common to all domains referred to in paragraph 3, the data sets shall cover the following topics, further details of which are set out in Annex I: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>job tenure, work biography and previous work experience;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>working conditions including working hours and working time arrangements;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>participation in education and training;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>income, consumption and elements of wealth, including debts;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>living conditions, including material deprivation, housing, living environment and access to services;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>quality of life, including social, civil, economic and cultural participation, inclusion and wellbeing;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>participation in the information society; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>allocation of time (optional).</p></td></tr></tbody></table> 5. The precision requirements and the characteristics of the samples used for the different domains shall be as specified, respectively, in Annexes II and III. 6. Data collection carried out pursuant to this Article shall include information allowing break‐downs in order to describe sub‐populations of interest, and shall, where relevant, indicate inequalities. Save where duly justified for reasons of quality, Member States and the Commission (Eurostat) shall also produce information that allows the information valid at NUTS 2 territorial level to be derived in order to allow for better data comparability across Member States, taking costs into account. 7. The Commission is empowered to adopt delegated acts in accordance with Article 17 on the basis of a feasibility study in order to amend the detailed topics listed in Annex I for the purpose of reflecting relevant legislative, technical, social, policy and economic developments and responding to the new needs of users. In exercising that power, the Commission shall ensure that: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>such delegated acts do not impose a significant additional burden or cost on the Member States or on respondents;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>unless duly justified by exceptional circumstances, for the labour force and the income and living conditions domains, not more than 5 % of the detailed topics listed in Annex I are changed for each domain in any four&#8208;year period;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>for domains referred to in paragraph 1 but not in point (b) of this subparagraph, not more than 10 % of the detailed topics listed in Annex I are changed for each domain in the period between two consecutive data collections;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>any detailed topics not listed in Annex I are duly assessed in respect of their feasibility by means of pilot studies carried out by the Member States in accordance with Article 14;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>the total number of variables to be provided does not exceed the specifications referred to in Article 6(2) and (3).</p></td></tr></tbody></table> For points (b) and (c) of the first subparagraph, the number of detailed topics that may be changed shall be rounded up to the nearest integer. Article 4 Multiannual rolling planning 1. The Commission is empowered to adopt delegated acts in accordance with Article 17 in order to supplement this Regulation by establishing or adapting a multiannual rolling planning. 2. The multiannual rolling planning shall: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>be adopted for an eight&#8208;year period;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>apply to the data collection covered by this Regulation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>comply with the periodicity specified in Annex IV;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>specify the period during which data are collected for:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the detailed topics attached to the domains listed in Annex I;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>ad&#8208;hoc subjects requested by the users, for the labour force and income and living conditions domains, as provided for in Annex IV.</p></td></tr></tbody></table></td></tr></tbody></table> With regard to point (d)(ii) of the first subparagraph, those ad‐hoc subjects may, in justified cases, cover detailed topics other than those listed in Annex I. 3. The adaptations of the multiannual rolling planning referred to in paragraph 1 shall enter into force no later than 24 months before the beginning of each data collection period as specified in the planning for annual or infra‐annual data collection, and no later than 36 months before the beginning of such data collection period for other data collection. Those adaptations shall aim to ensure the effectiveness and consistency of the planning with users’ needs. 4. The Commission shall ensure that the delegated acts adopted pursuant to this Article comply with the principle of proportionality and do not impose a significant additional burden or cost on the Member States or on the respondents. Article 5 Statistical populations and observation units 1. The statistical population shall consist of all persons having their usual residence in private households in each Member State. 2. The data collection shall be carried out in each Member State for a sample of observation units constituted by private households or by persons belonging to private households who have their usual residence in that Member State. 3. Each Member State shall aim to extend, within the scope of this Regulation, the coverage of data collection to observation units that do not belong to private households, provided that the data transmitted allows the identification of such observation units, and of the persons concerned who have their usual residence in that Member State. Article 6 Specifications of data sets 1. The Commission shall adopt delegated acts in accordance with Article 17 in order to supplement this Regulation by specifying the following items of the different data sets, including when those items are common to several data sets, in order to cover the needs identified in the relevant detailed topics: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the number of variables; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the title of variables.</p></td></tr></tbody></table> 2. With regard to delegated acts adopted pursuant to point (a) of paragraph 1, the number of variables shall not exceed, by more than 5 %, the number of variables for each domain of those already required, on a mandatory basis, by the Commission (Eurostat) on 3 November 2019. 3. For the consumption domain, the number of variables shall not exceed, by more than 5 %, the number of variables set out in the first delegated act adopted for that domain pursuant to paragraph 1. 4. In order to respond to users’ needs and to provide for a certain degree of flexibility, the Commission may, where new data are required, change a maximum 10 % of the variables required in accordance with the delegated acts referred to in paragraph 1 of this Article, for each domain listed in Article 3(1). By way of derogation from the first subparagraph of this paragraph, the Commission may, for the use of information and communication technologies domain, change more than 10 % of the variables required in accordance with the delegated acts referred to in paragraph 1 of this Article, provided that such a change is in line with implementing measures adopted pursuant to Article 8(2) of Regulation (EC) No 808/2004 before 1 January 2021. The maximum percentage rate referred to in the first subparagraph of this paragraph shall apply in any four‐year period to the labour force and the income and living conditions domains and during the period between two consecutive data collections to the other domains. In all cases, the number of variables shall not exceed the thresholds referred to in paragraphs 2 and 3. Article 7 Technical specifications of data sets 1. The Commission shall adopt implementing acts specifying the following technical items of the individual data sets: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the description of variables;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the statistical classifications;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the precise characteristics of the statistical populations, the observation units and the rules for respondents;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>the reference periods and reference dates;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>the requirements relating to geographical coverage, detailed sample characteristics, including subsampling, in accordance with Annex III, common data gathering periods, common standards for editing and imputation, weighting, estimation and variance estimation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>the methodology providing for the comparability of the data collected, which may include, in duly justified cases, flowcharts on the order of the questions in order to achieve, where necessary, the common objective of a high level of comparability of employment and unemployment data in the labour force domain.</p></td></tr></tbody></table> 2. When items are common to several data sets, the Commission shall adopt implementing acts specifying the following technical characteristics of the data sets: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the description of variables;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the statistical classifications;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the precise characteristics of the statistical populations and of the observation units.</p></td></tr></tbody></table> 3. For the data sets on monthly unemployment relating to the labour force domain, the Commission shall adopt implementing acts for the purpose of describing the variables and the length, quality requirements and level of detail of the time series to be transmitted. 4. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 18(2). They shall be adopted at least 12 months before the beginning of the data collection period, except for the use of information and communication technologies domain, for which the implementing acts shall be adopted at least six months before the beginning of the data collection period. Article 8 Formats for transmission of information 1. Technical formats shall be put in place to facilitate the transmission of information from the Member States to the Commission (Eurostat), in particular for the purpose of supporting quality management and process documentation related to the statistics covered by this Regulation. 2. The technical formats shall cover statistical concepts, processes and products, including data and metadata. 3. The Commission shall adopt implementing acts establishing the technical formats referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). The implementing acts shall be adopted at least 12 months before the beginning of the data collection period, except for the use of information and communication technologies domain, for which the implementing acts shall be adopted at least six months before the beginning of the data collection period. Article 9 Data sources and methods 1. Member States shall collect the data referred to in Article 1 to be provided to the Commission (Eurostat) by using one or a combination of the following sources, provided that they meet the quality requirements laid down in Article 13: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>information directly provided by the respondents;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>administrative records and other sources, methods or innovative approaches insofar as they allow for the production of data that are comparable and compliant with the applicable specific requirements laid down by this Regulation.</p></td></tr></tbody></table> The methods referred to in point (b) of the first subparagraph of this paragraph may include small area estimations, intended to cover the territorial diversity, provided that they fulfil the precision requirements laid down in Annex II. 2. Member States shall provide the Commission (Eurostat) with detailed information on the sources and methods used in accordance with Article 13(5). Article 10 Periodicity Member States shall collect the data referred to in Article 1 in accordance with the periodicity specified in Annex IV. Article 11 Data transmission and deadlines 1. Member States shall transmit the data referred to in Article 1 to the Commission (Eurostat) in accordance with Annex V. 2. For every data set, Member States shall transmit to the Commission (Eurostat), through secure transmission channels, pre‐checked microdata without direct identification. 3. Pre‐checked aggregated data shall be transmitted for the compilation of monthly unemployment statistics. 4. Member States shall collect and transmit data in accordance with this Regulation from 2021. 5. The Commission (Eurostat) shall, in cooperation with Member States, publish the aggregated data on the Commission (Eurostat) website, in a user‐friendly way, as soon as possible and within six months of the transmission deadline for annual and infra‐annual data collection, and within 12 months of the transmission deadline for other data collection, save in duly justified cases. Article 12 Sampling frames 1. Data collected under this Regulation shall be based on representative samples drawn from sampling frames set up at national level that allow persons or households to be selected at random, with a known probability of selection. The sampling frames shall aim to identify and cover exhaustively the target population with the usual accepted coverage error and shall be regularly updated. The sampling frames shall contain all the information necessary for the sample design, such as information needed for stratification purposes and for contacting the persons or households. The sampling frames shall also include the information needed to link persons to other administrative records, in so far as linking to such other records is necessary and proportionate and specifically permitted under the applicable Union or national law to which the controller as defined in Regulation (EU) 2016/679 is subject and which also lays down suitable measures to safeguard the data subjects’ rights and freedoms and legitimate interest. 2. Where no such sampling frame is available in a Member State, other sampling frames that meet the following criteria shall be used. Such sampling frames shall: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>identify the sample units, which can be persons, households, dwellings or addresses;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>be capable of providing the probability of selection;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>be regularly updated.</p></td></tr></tbody></table> In exceptional and duly justified cases, for reasons of quality, for the time use and consumption domains, other sampling schemes, such as quota sampling, may be used. 3. The Commission may adopt implementing acts laying down uniform conditions for the sampling frames, in particular setting out minimum requirements, including the usual accepted coverage error. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). Article 13 Quality 1. Member States shall take the measures necessary to ensure the quality of the data and metadata transmitted. 2. For the purpose of this Regulation, the quality criteria defined in Article 12(1) of Regulation (EC) No 223/2009 shall apply. 3. The Commission (Eurostat) shall assess the quality of the metadata on the specifications, of the data transmitted and of the sampling frames, with a view, inter alia, to publishing them in a user‐friendly manner on the Commission (Eurostat) website. 4. For the purposes of paragraph 3 of this Article, Member States shall transmit to the Commission (Eurostat), in respect of the data and microdata referred to in Article 11: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>metadata describing the methodology used, including the data sources and methods referred to in Article 9, and how technical specifications were achieved by reference to those laid down by this Regulation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>information on compliance with the minimum requirements for the sampling frames used, including in developing and updating them, as laid down by this Regulation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>information about the sub&#8208;populations that have not been reached by the data collection.</p></td></tr></tbody></table> 5. Member States shall transmit the metadata and information referred to in paragraph 4 within three months of the deadline for transmitting the data and microdata. That additional information shall be provided in the form of quality reports that demonstrate, in particular, how the data and microdata transmitted, and the metadata and information, meet the quality requirements. The Commission (Eurostat) shall make that information public in accordance with Union and national personal data protection law. 6. The Commission may adopt implementing acts specifying the arrangements and content of the quality reports, including indications of the method for assessing compliance with precision requirements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). They shall not impose significant additional burden or cost on the Member States. 7. Member States shall inform the Commission (Eurostat) as soon as possible of any relevant information or change with regard to the implementation of this Regulation that would influence the quality of the data transmitted. 8. On a duly justified request from the Commission (Eurostat), Member States shall provide necessary additional clarification to evaluate the quality of the statistical information. Article 14 Feasibility and pilot studies 1. While complying with the objectives of this Regulation and in order to improve the data sets and social indicators, the Commission (Eurostat) shall, where necessary, launch feasibility and pilot studies, in which Member States may participate. Member States, together with the Commission (Eurostat), shall ensure the representativeness of those studies at Union level. The studies shall aim to evaluate and develop alternative methodologies, taking into account technological developments, in particular in order to: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>improve the quality and comparability of data sets;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>extend the coverage of the data collection to persons not living in private households or to sub&#8208;populations that are difficult to reach;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>develop, assess and implement techniques allowing better coverage of the territorial diversity at NUTS 2 level and at local level;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>follow up on statistical coverage of migrating citizens changing their country of residence;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(e)</p></td><td><p>develop and test new detailed topics for data collection;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(f)</p></td><td><p>contribute to modernising the time use and consumption domains, including data on consumption volume;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(g)</p></td><td><p>explore and implement new ways of improving responsiveness to users&#8217; needs;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(h)</p></td><td><p>better integrate data collection and the use of other data sources; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>make data collection in Member States more efficient and improve data collection instruments in order to allow full participation of people with disabilities.</p></td></tr></tbody></table> The Commission (Eurostat) shall provide to the Member States that carry out feasibility or pilot studies appropriate financing in accordance with Article 16. 2. The Commission (Eurostat) shall, where relevant, invite Union agencies which carry out non‐ESS European social surveys to contribute their expertise to the development of new indicators and the collection of pilot data on ad‐hoc subjects as referred to in Annex IV, or subjects of future interest to ESS. 3. The results of the feasibility and pilot studies referred to in paragraph 1 shall be evaluated by the Commission (Eurostat) in cooperation with Member States and the main users of the data sets. Article 15 Access for scientific purposes to confidential data The Commission (Eurostat) may grant access on its premises to confidential data and may release sets of anonymised microdata from the data sets for the domains referred to in Article 3, for scientific purposes and under the conditions laid down in Regulation (EU) No 557/2013. Article 16 Financing 1. For the implementation of this Regulation, the Union shall provide grants to the NSIs and other national authorities as referred to in Article 5(2) of Regulation (EC) No 223/2009, for: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the development and/or implementation, and the improvement of timeliness, of data collection, data collection methods, sampling frames and data processing for statistics under this Regulation, for the first four years of the data collection for each domain covered by this Regulation;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the development of methodologies for statistics under this Regulation, including the participation of the Member States in representative feasibility and pilot studies referred to in Article 14;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the collection and production of statistics on ad hoc subjects required by the users as provided for in Annex IV, new or revised sets of variables and characteristics implemented for the first time.</p></td></tr></tbody></table> Where this Regulation confers tasks on NSIs and other national authorities which they did not previously carry out, they shall be granted sufficient financial resources from the Union for the purpose of carrying out those tasks. The financial resources shall be re‐evaluated in light of developments with regard to the implementation of this Regulation. 2. The Union financial contribution referred to in paragraph 1 of this Article under the Multiannual Financial Framework 2014 to 2020 shall be provided in accordance with Article 7 of Regulation (EU) No 99/2013 of the European Parliament and of the Council ( 21 ) , point (a) of Article 16(1) of Regulation (EU) No 1296/2013 of the European Parliament and of the Council ( 22 ) , Article 6 of Regulation (EU) No 1291/2013 of the European Parliament and the Council ( 23 ) , Article 58 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council ( 24 ) , Article 5 of Regulation (EU) No 282/2014 of the European Parliament and of the Council ( 25 ) , or Article 6 of Regulation (EU) 2017/825 of the European Parliament and of the Council ( 26 ) . 3. This Union financial contribution shall not exceed 90 % of the eligible costs. Article 17 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 3(7), Article 4(1) and Article 6(1) shall be conferred on the Commission for a period of five years from 3 November 2019. 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 3(7), Article 4(1) and Article 6(1) 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 on 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. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law‐Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(7), Article 4(1) and Article 6(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. Article 18 Committee procedure 1. The Commission shall be assisted by the ESSC. 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 19 Derogations and authorisations 1. Where a Member State’s national statistical system would necessitate major adaptations for the purpose of applying this Regulation, or the delegated or implementing acts adopted pursuant thereto, the Commission may, by means of implementing acts, grant a derogation for up to three years. The comparability of Member States’ data and the timely calculation of the required representative and reliable European aggregates, including headline indicators, shall be ensured. Such derogations shall not be granted on the same grounds as the authorisations referred to in paragraphs 3 and 4. 2. Where a derogation as referred to in paragraph 1 remains justified by sufficient evidence at the end of the period for which it was granted, the Commission may, by means of implementing acts, grant a subsequent derogation for a maximum period of two years. 3. Where the only means by which a Member State can provide the required data sets is by using methods other than those laid down in this Regulation or in the delegated or implementing acts adopted pursuant thereto, the Commission may, on an exceptional basis, authorise, by means of implementing acts, the use of such methods for a maximum period of five years. Such authorisations shall not be based on the same grounds as the derogations referred to in paragraphs 1 and 2. 4. Where an authorisation as referred to in paragraph 3 remains justified by sufficient evidence at the end of the period for which it was granted, the Commission may, by means of implementing acts, grant a subsequent authorisation for a maximum period of three years. 5. For the purpose of a derogation or authorisation as referred to in paragraphs 1 to 4, a Member State shall submit a duly justified request to the Commission by 4 February 2020, within three months of the date of entry into force of the delegated or implementing act concerned, or six months before the end of the period for which a current derogation or authorisation has been granted. When requesting an authorisation referred to in paragraphs 3 and 4, the Member State concerned shall describe in detail the methods used and demonstrate that they lead to comparable results. 6. The Commission shall adopt the implementing acts referred to in this Article in accordance with the examination procedure referred to in Article 18(2). Article 20 Amendments to Regulation (EC) No 808/2004 Regulation (EC) No 808/2004 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>in Article 3, paragraph 2 is replaced by the following:</p><div><p>&#8216;2.&#160;&#160;&#160;The statistics shall be grouped in accordance with the Annex.&#8217;;</p></div></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Article 4 is replaced by the following:</p><div><p><span> &#8216;</span>Article 4</p><p><span>Domain</span></p><p>This Regulation shall cover the enterprises and the information society domain, as defined in the Annex.&#8217;;</p></div></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>in Article 8, paragraph 1 is replaced by the following:</p><div><p>&#8216;1.&#160;&#160;&#160;The measures for implementing the domain defined in the Annex shall concern the selection and specification, adjustment and modification of subjects and their characteristics, the coverage, reference periods and breakdowns of characteristics, the periodicity and timing of data provision and the deadlines for transmission of results.&#8217;;</p></div></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Annex I is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the heading &#8216;Annex I&#8217; is replaced by &#8216;Annex&#8217; and the title &#8216;Module 1: enterprises and the information society&#8217; is replaced by &#8216;Domain: enterprises and the information society&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>points (1) and (2) are replaced by the following:</p><table><col/><col/><tbody><tr><td><p>&#8216;1.</p></td><td><span>Aims</span><p>The aim of data collection under this domain is the timely provision of statistics on enterprises and the information society. Such data collection provides a framework for the requirements in terms of coverage, duration and periodicity, subjects covered, breakdowns of data provision, type of data provision and any necessary pilot or feasibility studies.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><span>Coverage</span><p>This domain covers business activities within Sections C to N and R and Division 95 of the statistical classification of economic activities in the European Community (NACE REV. 2).&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Annex II is deleted.</p></td></tr></tbody></table> Article 21 Amendments to Regulation (EC) No 452/2008 Regulation (EC) No 452/2008 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Article 3 is replaced by the following:</p><div><p><span> &#8216;</span>Article 3</p><p><span>Domains</span></p><p>This Regulation shall apply to the production of statistics in two domains:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>Domain 1 shall cover statistics on education and training systems;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>Domain 2 shall cover other statistics on education and lifelong learning, such as statistics on human capital and on the social and economic benefits of education, which are not covered by Domain 1 or by Regulation (EU) 2019/1700 of the European Parliament and of the Council<a>&#160;(<span>*1</span>)</a>.</p></td></tr></tbody></table><p>The production of statistics in those domains shall be carried out in accordance with the Annex.</p></div><p><a>(<span>*1</span>)</a>&#160;&#160;Regulation (EU) 2019/1700 of the European Parliament and of the Council of 10 October 2019 establishing a common framework for European statistics relating to persons and households, based on data at individual level collected from samples, amending Regulations (EC) No 808/2004, (EC) No 452/2008 and (EC) No 1338/2008 of the European Parliament and of the Council, and repealing Regulation (EC) No 1177/2003 of the European Parliament and of the Council and Council Regulation (EC) No 577/98 (<a>OJ L 261 I, 14.10.2019, p. 1</a>).&#8217;;"</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>in Article 4(1), points (a) and (b) are replaced by the following:</p><table><col/><col/><tbody><tr><td><p>&#8216;(a)</p></td><td><p>the regular delivery of statistics on education and lifelong learning by the Member States, within specified deadlines for Domain 1;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the use of other statistical information systems and surveys, to provide additional statistical variables and indicators on education and lifelong learning, corresponding to Domain 2;&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Article 6(2) is replaced by the following:</p><div><p>&#8216;2.&#160;&#160;&#160;The measures referred to in paragraph 1 shall take account of the following:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>for both Domains, the potential burden on educational institutions and individuals;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>for both Domains, the results of the pilot studies referred to in Article 4(3);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>for Domain 1, the latest agreements between the UIS, the OECD and the Commission (Eurostat) on concepts, definitions, data collection format, data processing, periodicity and deadlines for transmission of results;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(d)</p></td><td><p>for Domain 2, the availability, suitability and the legal context of existing Community data sources after an exhaustive examination of all existing data sources.&#8217;;</p></td></tr></tbody></table></div></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>the Annex is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the section entitled: &#8216;Domain 2: Participation of adults in lifelong learning&#8217; is deleted;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the section entitled: &#8216;Domain 3: Other statistics on education and lifelong learning&#8217; is amended as follows:</p><table><col/><col/><tbody><tr><td><p>(i)</p></td><td><p>the title is replaced by the following:</p><p> &#8216;Domain 2: Other statistics on education and lifelong learning&#8217;;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(ii)</p></td><td><p>point 1 is replaced by the following:</p><table><col/><col/><tbody><tr><td><p>&#8216;1.</p></td><td><p>Aim</p><p>The aim of this data collection shall be to provide further comparable data on education and lifelong learning to support specific policies at the Community level not included in Domain 1.&#8217;.</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> Article 22 Amendments to Regulation (EC) No 1338/2008 In Regulation (EC) No 1338/2008, Annex I is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>point (b) is replaced by the following:</p><table><col/><col/><tbody><tr><td><p>&#8216;(b)</p></td><td><p>Scope</p><p>This domain covers the statistics on health status and health determinants that are based on self&#8208;assessment and compiled from population surveys other than those compiled from data collection with regard to households and individuals referred to in Regulation (EU) 2019/1700 of the European Parliament and of the Council<a>&#160;(<span>*2</span>)</a>, as well as other statistics compiled from administrative sources such as those on morbidity or accidents and injuries. Persons living in institutions as well as children up to the age of 14 shall be included, where appropriate and at relevant ad hoc intervals, subject to successful prior pilot studies.</p></td></tr></tbody></table><p><a>(<span>*2</span>)</a>&#160;&#160;Regulation (EU) 2019/1700. of the European Parliament and of the Council of 10 October 2019 establishing a common framework for European statistics relating to persons and households, based on data at individual level collected from samples, amending Regulations (EC) No 808/2004, (EC) No 452/2008 and (EC) No 1338/2008 of the European Parliament and of the Council, and repealing Regulation (EC) No 1177/2003 of the European Parliament and of the Council and Council Regulation (EC) No 577/98 (<a>OJ L 261 I, 14.10.2019, p. 1</a>).&#8217;;"</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>point (c) is replaced by the following:</p><table><col/><col/><tbody><tr><td><p>&#8216;(c)</p></td><td><p>Reference periods, intervals and time limits for data provision</p><p>The measures relating to the first reference year, the interval and the time limit for provision of the data shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2).&#8217;;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>in point (d), the third paragraph is replaced by the following:</p><p> &#8216;The implementation of Health Examination Surveys shall be optional in the framework of this Regulation. The average length of the interview per household shall not exceed 20 minutes for the survey modules.&#8217;.</p></td></tr></tbody></table> Article 23 Transitional arrangements for implementing measures The implementing measures adopted before 1 January 2021 pursuant to Regulations (EC) No 808/2004, (EC) No 452/2008 and (EC) No 1338/2008 shall continue to apply until they have expired or have been replaced or repealed. The obligations set out in those Regulations concerning the transmission of data and metadata, including quality reports, with regard to reference periods that fall, in whole or in part, before 1 January 2021 shall continue to apply. Article 24 Repeal 1. Regulations (EC) No 577/98 and (EC) No 1177/2003 are repealed with effect from 31 December 2020, without prejudice to the obligations set out in those Regulations concerning the transmission of data and metadata, including quality reports, with regard to reference periods that fall, in whole or in part, before that date. 2. References to the repealed Regulations shall be construed as references to this Regulation. Article 25 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 January 2021. However, in respect of the domains set out in points (f) and (g) of Article 3(1) it shall apply from 1 January 2025. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 October 2019. For the European Parliament The President D. M. SASSOLI For the Council The President T. TUPPURAINEN ( 1 ) Position of the European Parliament of 16 April 2019 (not yet published in the Official Journal) and decision of the Council of 7 October 2019. ( 2 ) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities ( OJ L 87, 31.3.2009, p. 164 ). ( 3 ) Regulation (EU) No 1260/2013 of the European Parliament and of the Council of 20 November 2013 on European demographic statistics ( OJ L 330, 10.12.2013, p. 39 ). ( 4 ) Regulation (EC) No 763/2008 of the European Parliament and of the Council of 9 July 2008 on population and housing censuses ( OJ L 218, 13.8.2008, p. 14 ). ( 5 ) Commission Regulation (EU) No 557/2013 of 17 June 2013 implementing Regulation (EC) No 223/2009 of the European Parliament and of the Council on European Statistics as regards access to confidential data for scientific purposes and repealing Commission Regulation (EC) No 831/2002 ( OJ L 164, 18.6.2013, p. 16 ). ( 6 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 ). ( 7 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC ( OJ L 295, 21.11.2018, p. 39 ). ( 8 ) 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 (Directive on privacy and electronic communications) ( OJ L 201, 31.7.2002, p. 37 ). ( 9 ) Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) ( OJ L 154, 21.6.2003, p. 1 ). ( 10 ) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) ( OJ L 108, 25.4.2007, p. 1 ). ( 11 ) OJ L 123, 12.5.2016, p. 1 . ( 12 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers ( OJ L 55, 28.2.2011, p. 13 ). ( 13 ) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 ( OJ L 193, 30.7.2018, p. 1 ). ( 14 ) Council Regulation (EC) No 577/98 of 9 March 1998 on the organisation of a labour force sample survey in the Community ( OJ L 77, 14.3.1998, p. 3 ). ( 15 ) Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC) ( OJ L 165, 3.7.2003, p. 1 ). ( 16 ) Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society ( OJ L 143, 30.4.2004, p. 49 ). ( 17 ) Regulation (EC) No 452/2008 of the European Parliament and of the Council of 23 April 2008 concerning the production and development of statistics on education and lifelong learning ( OJ L 145, 4.6.2008, p. 227 ). ( 18 ) Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work ( OJ L 354, 31.12.2008, p. 70 ). ( 19 ) 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 ). ( 20 ) OJ C 87, 21.3.2017, p. 1 . ( 21 ) Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013-17 ( OJ L 39, 9.2.2013, p. 12 ). ( 22 ) Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation (‘EaSI’) and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion ( OJ L 347, 20.12.2013, p. 238 ). ( 23 ) Regulation (EU) No 1291/2013 of the European Parliament and 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 ). ( 24 ) 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 ). ( 25 ) 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 ). ( 26 ) Regulation (EU) 2017/825 of the European Parliament and of the Council of 17 May 2017 on the establishment of the Structural Reform Support Programme for the period 2017 to 2020 and amending Regulations (EU) No 1303/2013 and (EU) No 1305/2013 ( OJ L 129, 19.5.2017, p. 1 ). ANNEX I Topics to be covered <table><col/><col/><col/><tbody><tr><td><p>Domain</p></td><td><p>Topic</p></td><td><p>Detailed topics</p></td></tr><tr><td><p>For all domains</p></td><td><p>Technical items</p></td><td><p>Data collection information</p></td></tr><tr><td><p>Identification</p></td></tr><tr><td><p>Weights</p></td></tr><tr><td><p>Interview characteristics</p></td></tr><tr><td><p>Localisation</p></td></tr><tr><td><p>Person and household characteristics</p></td><td><p>Demography</p></td></tr><tr><td><p>Citizenship and migrant background</p></td></tr><tr><td><p>Household composition</p></td></tr><tr><td><p>Health: status and disability, access to and availability and use of health care and health determinants</p></td><td><p>Disability and other elements of Minimum European Health Module</p></td></tr><tr><td><p>Labour market participation</p></td><td><p>Main activity status (self&#8208;defined)</p></td></tr><tr><td><p>Elementary job characteristics</p></td></tr><tr><td><p>Educational attainment and background</p></td><td><p>Educational attainment level</p></td></tr><tr><td><p>Labour force</p></td><td><p>Person and household characteristics</p></td><td><p>Household composition &#8208; additional specific details</p></td></tr><tr><td><p>Stay in the country</p></td></tr><tr><td><p>Reason for migration</p></td></tr><tr><td><p>Labour market participation</p></td><td><p>Employment status</p></td></tr><tr><td><p>Duration of contract</p></td></tr><tr><td><p>Details of contract</p></td></tr><tr><td><p>Full&#8208; or part&#8208;time status &#8208; reason</p></td></tr><tr><td><p>Dependent self&#8208;employment</p></td></tr><tr><td><p>Supervisory responsibilities</p></td></tr><tr><td><p>Establishment size</p></td></tr><tr><td><p>Workplace</p></td></tr><tr><td><p>Working at home</p></td></tr><tr><td><p>Search for employment</p></td></tr><tr><td><p>Willingness to work</p></td></tr><tr><td><p>Availability</p></td></tr><tr><td><p>Second or multiple job(s)</p></td></tr><tr><td><p>Search for another job</p></td></tr><tr><td><p>Underemployment</p></td></tr><tr><td><p>Reconciliation of work and family life</p></td></tr><tr><td><p>Young people on the labour market</p></td></tr><tr><td><p>Labour market situation of migrants and their immediate descendants</p></td></tr><tr><td><p>Pension and labour market participation</p></td></tr><tr><td><p>Care needs</p></td></tr><tr><td><p>Job tenure, work biography and previous work experience</p></td><td><p>Start of job</p></td></tr><tr><td><p>Way job found</p></td></tr><tr><td><p>Career continuity and breaks</p></td></tr><tr><td><p>Elementary characteristics of the last job</p></td></tr><tr><td><p>Working conditions including working hours and working time arrangements</p></td><td><p>Working hours</p></td></tr><tr><td><p>Working time arrangements</p></td></tr><tr><td><p>Work organisation and working time arrangements</p></td></tr><tr><td><p>Educational attainment and background</p></td><td><p>Educational attainment &#8208; details, including education interrupted or abandoned</p></td></tr><tr><td><p>Participation in education and training</p></td><td><p>Participation in formal and non&#8208;formal education and training (4 weeks)</p></td></tr><tr><td><p>Participation in formal and non&#8208;formal education and training (12 months)</p></td></tr><tr><td><p>Health: status and disability, access to and availability and use of health care and health determinants</p></td><td><p>Accidents at work and other work&#8208;related health problems</p></td></tr><tr><td><p>Elements of the Minimum European Health Module</p></td></tr><tr><td><p>Income, consumption and elements of wealth, including debts</p></td><td><p>Income from work</p></td></tr><tr><td><p>Income from unemployment allowances</p></td></tr><tr><td><p>Income and living conditions</p></td><td><p>Person and household characteristics</p></td><td><p>Household composition &#8208; additional specific details</p></td></tr><tr><td><p>Duration of stay in the country</p></td></tr><tr><td><p>Participation in education and training</p></td><td><p>Participation in formal education activities (current)</p></td></tr><tr><td><p>Educational attainment and background</p></td><td><p>Educational attainment &#8208; details, including education interrupted or abandoned</p></td></tr><tr><td><p>Labour market participation</p></td><td><p>Characteristics of the workplace</p></td></tr><tr><td><p>Duration of contract</p></td></tr><tr><td><p>Employment status</p></td></tr><tr><td><p>Detailed labour market situation</p></td></tr><tr><td><p>Supervisory responsibilities</p></td></tr><tr><td><p>Job tenure, work biography and previous work experience</p></td><td><p>Previous work experience</p></td></tr><tr><td><p>Working conditions including working hours and working time arrangements</p></td><td><p>Calendar of activities</p></td></tr><tr><td><p>Working hours</p></td></tr><tr><td><p>Health: status and disability, access to and availability and use of health care and health determinants</p></td><td><p>Minimum European Health Module</p></td></tr><tr><td><p>Details on health status and disability</p></td></tr><tr><td><p>Children health</p></td></tr><tr><td><p>Access to health care</p></td></tr><tr><td><p>Health care</p></td></tr><tr><td><p>Access to health care (children)</p></td></tr><tr><td><p>Health determinants</p></td></tr><tr><td><p>Quality of life, including social, civil, economic and cultural participation, inclusion and wellbeing</p></td><td><p>Quality of life</p></td></tr><tr><td><p>Social and cultural participation</p></td></tr><tr><td><p>Wellbeing</p></td></tr><tr><td><p>Living conditions, including material deprivation, housing, living environment, access to services</p></td><td><p>Material deprivation</p></td></tr><tr><td><p>Children&#8208;specific deprivation</p></td></tr><tr><td><p>Main housing characteristics</p></td></tr><tr><td><p>Housing conditions details, including deprivation and imputed rent</p></td></tr><tr><td><p>Housing costs including reduced utility costs</p></td></tr><tr><td><p>Living environment</p></td></tr><tr><td><p>Housing difficulties (including renting difficulties) and reasons</p></td></tr><tr><td><p>Use of services, including care services and services for independent living</p></td></tr><tr><td><p>Affordability of services</p></td></tr><tr><td><p>Unmet needs and reasons</p></td></tr><tr><td><p>Childcare</p></td></tr><tr><td><p>Income, consumption and elements of wealth, including debts</p></td><td><p>Income from work</p></td></tr><tr><td><p>Income from social transfers</p></td></tr><tr><td><p>Income from pensions</p></td></tr><tr><td><p>Other incomes, including income from property and capital and inter&#8208;household transfers</p></td></tr><tr><td><p>Taxes and contributions actually paid after reductions</p></td></tr><tr><td><p>Total annual income at the level of persons and households</p></td></tr><tr><td><p>Over&#8208;indebtedness, including reasons</p></td></tr><tr><td><p>Arrears</p></td></tr><tr><td><p>Elements of wealth, including dwelling ownership</p></td></tr><tr><td><p>Elements of consumption</p></td></tr><tr><td><p>Intergenerational transmission of advantages and disadvantages</p></td></tr><tr><td><p>Assessment of own needs</p></td></tr><tr><td><p>Health</p></td><td><p>Health: status and disability, access to and availability and use of health care and health determinants</p></td><td><p>Minimum European Health Module</p></td></tr><tr><td><p>Diseases and chronic conditions</p></td></tr><tr><td><p>Accidents and injuries</p></td></tr><tr><td><p>Pain</p></td></tr><tr><td><p>Mental health, including addictions</p></td></tr><tr><td><p>Functional limitations</p></td></tr><tr><td><p>Difficulties in personal care activities</p></td></tr><tr><td><p>Difficulties in household activities</p></td></tr><tr><td><p>Temporary limitation in activity (due to health problems)</p></td></tr><tr><td><p>Barriers to participation in specific life domains</p></td></tr><tr><td><p>Use of health and long&#8208;term care</p></td></tr><tr><td><p>Medicine use</p></td></tr><tr><td><p>Preventive care</p></td></tr><tr><td><p>Access to health care</p></td></tr><tr><td><p>Height and weight</p></td></tr><tr><td><p>Physical activity</p></td></tr><tr><td><p>Nutritional habits</p></td></tr><tr><td><p>Smoking</p></td></tr><tr><td><p>Alcohol consumption</p></td></tr><tr><td><p>Social and environmental factors</p></td></tr><tr><td><p>Income, consumption and elements of wealth, including debts</p></td><td><p>Total household monthly income</p></td></tr><tr><td><p>Education and training</p></td><td><p>Person and household characteristics</p></td><td><p>Duration of stay in the country</p></td></tr><tr><td><p>Job tenure, work biography and previous work experience</p></td><td><p>Start of job</p></td></tr><tr><td><p>Labour market participation</p></td><td><p>Establishment size</p></td></tr><tr><td><p>Educational attainment and background</p></td><td><p>Educational attainment &#8208; details, including education interrupted or abandoned</p></td></tr><tr><td><p>Educational background</p></td></tr><tr><td><p>Self&#8208;reported skills</p></td></tr><tr><td><p>Participation in education and training</p></td><td><p>Access to information on learning possibilities and guidance (12 months)</p></td></tr><tr><td><p>Participation in formal education activities (12 months)</p></td></tr><tr><td><p>Most recent formal education activity &#8208; details (12 months)</p></td></tr><tr><td><p>Use of information and communication technologies in most recent formal education (12 months)</p></td></tr><tr><td><p>Reasons for participating in most recent formal education (12 months)</p></td></tr><tr><td><p>Payment and hours of most recent formal education (12 months)</p></td></tr><tr><td><p>Outcomes and use of skills from most recent formal education (12 months)</p></td></tr><tr><td><p>Participation in non&#8208;formal education activities (12 months)</p></td></tr><tr><td><p>Non&#8208;formal education activities &#8208; details (12 months)</p></td></tr><tr><td><p>Use of information and communication technologies in non&#8208;formal education activities (12 months)</p></td></tr><tr><td><p>Reasons for participating in non&#8208;formal education activities (12 months)</p></td></tr><tr><td><p>Payment and hours of non&#8208;formal education activities (12 months)</p></td></tr><tr><td><p>Outcomes and use of skills from non&#8208;formal education activities (12 months)</p></td></tr><tr><td><p>Obstacles to participation in education and training (12 months)</p></td></tr><tr><td><p>Informal learning</p></td></tr><tr><td><p>Income, consumption and elements of wealth, including debts</p></td><td><p>Total monthly household income</p></td></tr><tr><td><p>Use of information and communication technologies</p></td><td><p>Information society participation</p></td><td><p>Access to information and communication technologies</p></td></tr><tr><td><p>Use and frequency of use of information and communication technologies</p></td></tr><tr><td><p>Barriers and problems to use</p></td></tr><tr><td><p>Effect of use</p></td></tr><tr><td><p>Security, privacy, trust</p></td></tr><tr><td><p>Connection to the internet from anywhere</p></td></tr><tr><td><p>Digital skills</p></td></tr><tr><td><p>Internet activities</p></td></tr><tr><td><p>e&#8208;Commerce</p></td></tr><tr><td><p>Interaction with public authorities</p></td></tr><tr><td><p>Income, consumption and elements of wealth, including debts</p></td><td><p>Total monthly household income</p></td></tr><tr><td><p>Time use</p></td><td><p>Person and household characteristics</p></td><td><p>Household composition &#8208; details</p></td></tr><tr><td><p>Participation in education and training</p></td><td><p>Participation in formal education activities (current)</p></td></tr><tr><td><p>Health: status and disability, access to and availability and use of health care and health determinants</p></td><td><p>Minimum European Health Module</p></td></tr><tr><td><p>Living conditions, including material deprivation, housing, living environment, access to services</p></td><td><p>Possession of durable goods</p></td></tr><tr><td><p>Childcare</p></td></tr><tr><td><p>Care for sick and elderly</p></td></tr><tr><td><p>Working conditions including working hours and working time arrangements</p></td><td><p>Working hours</p></td></tr><tr><td><p>Working time arrangements</p></td></tr><tr><td><p>Income, consumption and elements of wealth, including debts</p></td><td><p>Production for self&#8208;consumption and sell, reparations</p></td></tr><tr><td><p>Income from work</p></td></tr><tr><td><p>Total household monthly income</p></td></tr><tr><td><p>Allocation of time</p></td><td><p>Time use, types of activities</p></td></tr><tr><td><p>Parallel activities</p></td></tr><tr><td><p>Place of activity</p></td></tr><tr><td><p>Presence of others during the activity</p></td></tr><tr><td><p>Assessment of activity</p></td></tr><tr><td><p>Consumption</p></td><td><p>Person and household characteristics</p></td><td><p>Household composition &#8208; additional specific details</p></td></tr><tr><td><p>Living conditions, including material deprivation, housing, living environment, access to services</p></td><td><p>Main housing characteristics</p></td></tr><tr><td><p>Participation in education and training</p></td><td><p>Participation in formal education activities (current)</p></td></tr><tr><td><p>Labour market participation</p></td><td><p>Duration of contract</p></td></tr><tr><td><p>Income, consumption and elements of wealth, including debts</p></td><td><p>Total annual income at the level of persons and households</p></td></tr><tr><td><p>Main income components</p></td></tr><tr><td><p>Taxes and contributions</p></td></tr><tr><td><p>Income in kind from non&#8208;salaried activities</p></td></tr><tr><td><p>Imputed rent</p></td></tr><tr><td><p>Main source of income</p></td></tr><tr><td><p>Elements of wealth, including dwelling ownership</p></td></tr><tr><td><p>Debts</p></td></tr><tr><td><p>Arrears</p></td></tr><tr><td><p>Consumption by the classification of individual consumption by purpose (COICOP)</p></td></tr><tr><td><p>Cross&#8208;border consumption expenditure by COICOP</p></td></tr><tr><td><p>Own consumption</p></td></tr></tbody></table> ANNEX II Precision requirements <table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>Precision requirements for all data sets are expressed in standard errors and are defined as continuous functions of the actual estimates and of the size of the statistical population in a country or in a NUTS 2 region.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>The estimated standard error of a particular estimate<figure><img/></figure> shall not be bigger than the following amount:</span><p><figure><img/></figure></p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>The function f(N) shall have the form of f(N)=a&#8730;N+b</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>The following values for parameters N, a and b shall be used:</span><table><col/><col/><col/><col/><tbody><tr><td><p><figure><img/></figure></p></td><td><p>N</p></td><td><p>a</p></td><td><p>b</p></td></tr><tr><td><p>Labour force domain: precision requirements</p></td></tr><tr><td><p>Estimated (national) quarterly unemployment&#8208;to&#8208;population 15&#8208;74 ratio</p></td><td><p>Country population aged 15&#8208;74 residing in private households, in million persons and rounded to 3 decimal digits</p></td><td><p>7800</p></td><td><p>&#8208;4500</p></td></tr><tr><td><p>Estimated (national) quarterly employment&#8208;to&#8208;population 15&#8208;74 ratio</p></td><td><p>Country population aged 15&#8208;74 residing in private households, in million persons and rounded to 3 decimal digits</p></td><td><p>7800</p></td><td><p>&#8208;4500</p></td></tr><tr><td><p>Estimated quarterly unemployment&#8208;to&#8208;population 15&#8208;74 ratio in each NUTS 2 region</p></td><td><p>Population aged 15&#8208;74 in the NUTS 2 region residing in private households, in million persons and rounded to 3 decimal digits</p></td><td><p>See point 6</p></td></tr><tr><td><p>Income and living conditions domain</p></td></tr><tr><td><p>Ratio at&#8208;risk&#8208;of&#8208;poverty or social exclusion to population</p></td><td><p>Number of private households in the country in millions and rounded to 3 decimal digits</p></td><td><p>900</p></td><td><p>2600</p></td></tr><tr><td><p>Ratio of at&#8208;persistent&#8208;risk&#8208;of&#8208;poverty over four years to population</p></td><td><p>Number of private households in the country in millions and rounded to 3 decimal digits</p></td><td><p>350</p></td><td><p>1000</p></td></tr><tr><td><p>Ratio at&#8208;risk&#8208;of&#8208;poverty or social exclusion to population in each NUTS 2 region (see point 7)</p></td><td><p>Number of private households in the NUTS 2 region in millions and rounded to 3 decimal digits</p></td><td><p>600</p></td><td><p>0</p></td></tr><tr><td><p>Health domain</p></td></tr><tr><td><p>Percentage of population severely limited in usual activities because of health problems (age 15 years or over)</p></td><td><p>Country population aged 15 years or over residing in private households, in million persons and rounded to 3 decimal digits</p></td><td><p>1200</p></td><td><p>2800</p></td></tr><tr><td><p>Education and Training domain</p></td></tr><tr><td><p>Participation rate in formal education and training (age 18&#8208;24)</p></td><td><p>Country population aged 18&#8208;24 residing in private households, in million persons and rounded to 3 decimal digits</p></td><td><p>200</p></td><td><p>1500</p></td></tr><tr><td><p>Participation rate in non&#8208;formal education and training (age 25&#8208;69)</p></td><td><p>Country population aged 25&#8208;69 residing in private households, in million persons and rounded to 3 decimal digits</p></td><td><p>400</p></td><td><p>2000</p></td></tr><tr><td><p>Use of information and communication technology domain</p></td></tr><tr><td><p>Percentage of individuals who ordered goods or services over the Internet for private use in the last year</p></td><td><p>Country population aged 16&#8208;74 residing in private households, in million persons and rounded to 3 decimal digits</p></td><td><p>400</p></td><td><p>1300</p></td></tr><tr><td><p>Time use domain</p></td></tr><tr><td><p>Percentage of population aged 15 and over spending daily on average more than 10 % of time working in paid work</p></td><td><p>Country population aged 15 years or over residing in private households, in million persons and rounded to 3 decimal digits</p></td><td><p>900</p></td><td><p>3500</p></td></tr><tr><td><p>Consumption domain</p></td></tr><tr><td><p>Percentage of households whose expenditure on housing&#8208;related categories including water, electricity, gas and other fuels, are more than 50 % of the total expenditure (See point 8)</p></td><td><p>Number of private households in the country, in millions and rounded to 3 decimal digits</p></td><td><p>600</p></td><td><p>1600</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>5.</p></td><td><span>Where countries obtain negative f(N) values with the parameters expressed above, they shall be exempted from the corresponding requirement.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>6.</p></td><td><span>For the estimated unemployment&#8208;to&#8208;population 15&#8208;74 ratio in each NUTS 2 region, the function f(N) is defined as follows:</span><p><figure><img/></figure></p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>7.</p></td><td><span>For the estimated ratio at&#8208;risk&#8208;of&#8208;poverty or social exclusion to population in each NUTS 2 region, those requirements are not compulsory for NUTS 2 regions with less than 0,500 million inhabitants, provided that the corresponding NUTS 1 region complies with this requirement. NUTS 1 regions with less than 100&#160;000 inhabitants are exempt from the requirement.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>8.</p></td><td><span>For the time use and consumption domains, the precision requirements may be reached by combining microdata concerning a maximum of three successive years of observations. For those domains precision may be estimated and assessed using relevant alternative methods.</span></td></tr></tbody></table> ANNEX III Sample characteristics <table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>Sample characteristics of the labour force domain shall include:</span><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the national sample for the reference quarter (aggregation of consecutive reference weeks) shall be distributed uniformly in all the weeks of the quarter. The sample for the reference quarter (in each NUTS 2 region) shall be distributed in the 3 months proportionally to the number of weeks in each month;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the sample shall have an infra&#8208;annual rotation scheme. There must be a minimum sample overlap of 20 % between the same quarters in consecutive years and of 50 % between consecutive quarters without taking into account attrition.</p></td></tr></tbody></table><p>Without prejudice to point (e) of Article 7(1), data shall be provided for the full sample.</p></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>Sample characteristics of the income and living conditions domain shall include:</span><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the sample shall have a minimum four&#8208;year rotation scheme. If considered possible by the Member State, the sample shall have a six&#8208;year or more rotation scheme;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>without taking into account attrition, the sample shall be equally distributed over the years of the rotation scheme, except during the period of changes of the sample size.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>Sample characteristics of the time use domain shall include: the reporting periods allocated to the sample units shall:</span><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>be distributed over a consecutive twelve&#8208;month period;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>include non&#8208;working days;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>be based on a random sample.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>Sample characteristics of consumption domain shall include: the reporting periods allocated to the sampled units shall be distributed over a consecutive twelve&#8208;month period.</span></td></tr></tbody></table> ANNEX IV Periodicity <table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>For the labour force domain, the data shall be collected quarterly, annually, every two years and every eight years. Data on variables relating to ad&#8208;hoc subjects shall be collected every four years.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>For the income and living conditions domain, the data shall be collected annually, every three years and every six years. Data on variables relating to ad&#8208;hoc subjects shall be collected every two years.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>For the health domain, the data shall be collected every six years.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>For the education and training domain, the data shall be collected every six years.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>5.</p></td><td><span>For the use of information and communication technologies domain, the data shall be collected annually.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>6.</p></td><td><span>For the time use domain, the data shall be collected every 10 years.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>7.</p></td><td><span>For the consumption domain, the data shall be collected every five years.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>8.</p></td><td><span>In order to avoid overloading some periods of data collection, the multiannual rolling planning established in Article 4 shall, where relevant, depart for a maximum of one year from the data collection periods for the domains mentioned in points 3, 4, 6 and 7 of this Annex.</span></td></tr></tbody></table> ANNEX V Data transmission deadlines The Member States shall transmit the required data to the Commission (Eurostat) in accordance with the deadlines set out in this Annex. <table><col/><col/><col/><tbody><tr><td/><td><p>1.</p></td><td><span>For the labour force domain:</span><table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>the Member States shall transmit pre&#8208;checked microdata without direct identifiers, according to the following two&#8208;step procedure:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>during the first three years of implementation of this Regulation, as provided for in Article 11(4):</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for quarterly data: within ten weeks of the end of the reference period,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for other data: by 31 March of the following year;</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>from the fourth year of implementation as follows:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for quarterly data: within eight weeks of the end of the reference period,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for other data regularly transmitted: by 15 March of the following year,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>for other data concerning ad&#8208;hoc subjects: by 31 March of the following year.</p></td></tr></tbody></table></td></tr></tbody></table><p>Where those deadlines fall on a Saturday or Sunday, the effective deadline shall be the following Monday.</p><p>The detailed topic income from work may be transmitted to the Commission (Eurostat) within fifteen months of the end of the reference period.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>the Member States shall transmit aggregated results for the compilation of monthly unemployment statistics within 25 days of the reference or calendar month, as appropriate. If the data are transmitted in accordance with the ILO definition, that deadline may be extended to 27 days.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>2.</p></td><td><span>For income and living conditions domain, the Member States shall transmit pre&#8208;checked microdata without direct identifiers, in accordance with the following deadlines:</span><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>concerning the variables for the data collection of year N, by the end of the year N, but in exceptional cases, provisional microdata concerning income may be transmitted by the end of year N and revised data, by 28 February of the year N+1;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>concerning the variables related to the observation covering the years of the rotation scheme ending in year N, by 31 October of the year N+1.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>3.</p></td><td><span>For the health domain, the Member States shall transmit the pre&#8208;checked microdata without direct identifiers within nine months of the end of the national data collection period.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>4.</p></td><td><span>For the education and training domain, the Member States shall transmit the pre&#8208;checked microdata without direct identifiers within six months of the end of the national data collection period.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>5.</p></td><td><span>For the use of information and communication technologies domain, the Member States shall transmit pre&#8208;checked microdata without direct identifiers by 5 October of the survey year N.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>6.</p></td><td><span>For the time use domain, the Member States shall transmit the pre&#8208;checked microdata without direct identifiers within fifteen months of when the fieldwork is finished.</span></td></tr></tbody></table> <table><col/><col/><col/><tbody><tr><td/><td><p>7.</p></td><td><span>For the consumption domain, the Member States shall transmit the pre&#8208;checked microdata without direct identifiers within fifteen months of the end of the reference year.</span></td></tr></tbody></table>
ENG
32019R1700
<table><col/><col/><col/><col/><tbody><tr><td><p>18.10.2018&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 261/23</p></td></tr></tbody></table> COUNCIL DECISION (EU) 2018/1561 of 15 October 2018 establishing the position to be taken on behalf of the European Union within the EPA Committee set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of a Decision of the EPA Committee concerning the accession of the Republic of Croatia to the European Union THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 207 and 218(9) thereof, Having regard to the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (the ‘Agreement’) ( 1 ) , Having regard to the proposal from the European Commission, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The Agreement was signed on behalf of the Union on 15&#160;January 2009 pursuant to Council Decision 2009/152/EC&#160;<a>(<span>2</span>)</a> and has been applied on a provisional basis since 4&#160;August&#160;2014.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Treaty concerning the accession of the Republic of Croatia to the European Union was signed on 9&#160;December 2011 and came into force on 1&#160;July 2013.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The Republic of Croatia acceded to the Agreement on 8&#160;November 2017 by depositing its Act of Accession.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>Pursuant to Article 102 of the Agreement, the EPA Committee may decide on any amending measures which might be necessary following the accession of new Member&#160;States to the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>It is appropriate to establish the position to be taken on behalf of the Union with regard to the adoption of a Decision by the EPA Committee, at its annual meeting, regarding the amendments to the Agreement which are necessary following the accession of the Republic of Croatia to the Union,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The position to be taken on behalf of the European Union within the EPA Committee set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, as regards the adoption of a Decision of the EPA Committee, during its annual meeting, concerning the accession of the Republic of Croatia to the Union, shall be based on the draft Decision of the EPA Committee attached to this Decision. Article 2 After its adoption, the Decision of the EPA Committee shall be published in the Official Journal of the European Union . Done at Luxembourg, 15 October 2018. For the Council The President F. MOGHERINI ( 1 ) OJ L 57, 28.2.2009, p. 2 . ( 2 ) Council Decision 2009/152/EC of 20 November 2008 on the signature and provisional application of the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part ( OJ L 57, 28.2.2009, p. 1 ). DRAFT DECISION No …/2018 OF THE EPA COMMITTEE set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, of … concerning the accession of the Republic of Croatia to the European Union THE EPA COMMITTEE, Having regard to the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, (the ‘Agreement’), signed in Brussels on 15 January 2009, and applied on a provisional basis since 4 August 2014, and in particular Articles 100, 102 and 107 thereof, Having regard to the Treaty concerning the accession of the Republic of Croatia to the European Union (the ‘Union’), and the act of accession to the Agreement deposited by the Republic of Croatia on 8 November 2017, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Under the terms of the Agreement and this Decision, the Central Africa Party is composed of the Republic of Cameroon.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The Agreement applies, on the one hand, to the territories in which the Treaty on the Functioning of the European Union is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the Republic of Cameroon.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Pursuant to Article 102(3) of the Agreement, the EPA Committee may decide on any amending measures which might be necessary following the accession of new Member States to the European Union,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The Republic of Croatia, as a Party to the Agreement, shall, in the same manner as the other Member States of the Union, respectively adopt and take note of the text of the Agreement, as well as of the Annexes, Protocols and Declarations attached thereto. Article 2 Article 107 of the Agreement is replaced by the following: ‘Article 107 Authentic texts This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.’. Article 3 The Union shall communicate the Croatian language version of the Agreement to the Republic of Cameroon. Article 4 1 The provisions of the Agreement shall apply to goods exported from either the Republic of Cameroon to the Republic of Croatia or from the Republic of Croatia to the Republic of Cameroon, which comply with the rules of origin in force in the territories of the Parties to the Agreement and which, on 4 August 2014, were either in transit or in temporary storage, in a customs warehouse or in a free zone in the Republic of Cameroon or in the Republic of Croatia. 2. Preferential treatment shall be granted in the cases referred to in paragraph 1, provided that a proof of origin issued retroactively by the customs authorities of the exporting country is submitted to the customs authorities of the importing country, within four months of the date of entry into force of this Decision. Article 5 The Republic of Cameroon undertakes not to make any claim, request or referral nor to modify or withdraw any concession pursuant to Article XXIV.6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 or Article XXI of the General Agreement on Trade in Services (GATS) in relation to the accession of the Republic of Croatia to the European Union. Article 6 This Decision shall enter into force on the date of its signature. However, Articles 3 and 4 shall apply from 4 August 2014. Done at …, For the Republic of Cameroon For the European Union
ENG
32018D1561
<table><col/><col/><col/><col/><tbody><tr><td><p>6.6.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 167/50</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) No 606/2014 of 5 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: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>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<span>Official Journal of the European Union</span>,</p></td></tr></tbody></table> 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 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 <table><col/><col/><col/><tbody><tr><td><p>(EUR/100 kg)</p></td></tr><tr><td><p>CN code</p></td><td><p>Third country code<a>&#160;(<span>1</span>)</a></p></td><td><p>Standard import value</p></td></tr><tr><td><p>0702&#160;00&#160;00</p></td><td><p>AL</p></td><td><p>46,1</p></td></tr><tr><td><p>MK</p></td><td><p>77,0</p></td></tr><tr><td><p>TR</p></td><td><p>76,3</p></td></tr><tr><td><p>ZZ</p></td><td><p>66,5</p></td></tr><tr><td><p>0707&#160;00&#160;05</p></td><td><p>MK</p></td><td><p>30,7</p></td></tr><tr><td><p>TR</p></td><td><p>106,1</p></td></tr><tr><td><p>ZZ</p></td><td><p>68,4</p></td></tr><tr><td><p>0709&#160;93&#160;10</p></td><td><p>TR</p></td><td><p>113,3</p></td></tr><tr><td><p>ZZ</p></td><td><p>113,3</p></td></tr><tr><td><p>0805&#160;50&#160;10</p></td><td><p>AR</p></td><td><p>120,1</p></td></tr><tr><td><p>TR</p></td><td><p>118,2</p></td></tr><tr><td><p>ZA</p></td><td><p>132,6</p></td></tr><tr><td><p>ZZ</p></td><td><p>123,6</p></td></tr><tr><td><p>0808&#160;10&#160;80</p></td><td><p>AR</p></td><td><p>105,4</p></td></tr><tr><td><p>BR</p></td><td><p>86,4</p></td></tr><tr><td><p>CL</p></td><td><p>101,0</p></td></tr><tr><td><p>CN</p></td><td><p>98,8</p></td></tr><tr><td><p>NZ</p></td><td><p>141,9</p></td></tr><tr><td><p>US</p></td><td><p>173,1</p></td></tr><tr><td><p>UY</p></td><td><p>158,2</p></td></tr><tr><td><p>ZA</p></td><td><p>94,2</p></td></tr><tr><td><p>ZZ</p></td><td><p>119,9</p></td></tr><tr><td><p>0809&#160;10&#160;00</p></td><td><p>TR</p></td><td><p>257,1</p></td></tr><tr><td><p>ZZ</p></td><td><p>257,1</p></td></tr><tr><td><p>0809&#160;29&#160;00</p></td><td><p>TR</p></td><td><p>379,1</p></td></tr><tr><td><p>ZZ</p></td><td><p>379,1</p></td></tr></tbody></table> <note> ( 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’. </note>
ENG
32014R0606
<table><col/><col/><col/><col/><tbody><tr><td><p>10.2.2016&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 34/152</p></td></tr></tbody></table> COMMISSION DECISION (EU) 2016/154 of 22 July 2015 on State aid SA.13869 (C 68/2002) (ex NN 80/2002) — reclassification as capital of the tax-exempt accounting provisions for the renewal of the high-voltage transmission network (RAG) implemented by France in favour of EDF (notified under document C(2015) 4959) (Only the French text is authentic) (Text with EEA relevance) 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 ( 1 ) , Having called on interested parties to submit their comments pursuant to that Article ( 2 ) , and having regard to their comments, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>By decision of 16 October 2002 the Commission initiated the formal investigation procedure under Article&#160;108(2) of the TFEU (&#8216;the opening decision&#8217;) into the advantage resulting from the non-payment by &#201;tablissement Public &#224; Caract&#232;re Industriel et Commercial &#8216;&#201;lectricit&#233; de France (E.D.F.), Service National&#8217; (&#8216;EDF&#8217;, which became the public limited company &#201;lectricit&#233; de France SA towards the end of 2004) of the corporation tax due, when it restructured its balance sheet in 1997, on some of the accounting provisions created free of tax for the renewal of the high-voltage transmission network (<span>r&#233;seau d'alimentation g&#233;n&#233;ral &#8212;</span> RAG) and reclassified as capital.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The French authorities, in their comments submitted to the Commission by letter dated 11 December 2002, denied that EDF had received a tax concession and argued that the additional capital contribution corrected an under-capitalisation and was therefore justified.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>By letter dated 21 January 2003, the Commission forwarded to France the only observations received from one interested third party and invited the French authorities to submit their comments. France did not present any comments on these observations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>A technical meeting between the Commission and the French authorities was held on 12 February 2003, followed by a request for information by the Commission dated 4 July 2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>On 11 November 2003, France provided additional information. On 17 November 2003, a further technical meeting was held between the Commission, the French authorities and representatives of EDF. The French authorities provided additional information on 20 November 2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>By decision of 16 December 2003<a>&#160;(<span>3</span>)</a>, the Commission declared the aid measure in favour of EDF incompatible with the internal market and requested recovery of the aid with interest. The aid was repaid in February 2004.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>By judgment of 15 December 2009, the General Court annulled the Commission's decision<a>&#160;(<span>4</span>)</a>. France repaid to EDF the amount of aid which had been reimbursed in 2004.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>By judgment of 5 June 2012, the Court of Justice rejected the appeal lodged by the Commission against the judgment of the General Court<a>&#160;(<span>5</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>By decision of 2 May 2013, the Commission extended the formal investigation procedure (&#8216;the extension decision&#8217;)<a>&#160;(<span>6</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The French authorities submitted their comments to the Commission on 1 July 2013.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>By letter dated 13 August 2013, the Commission forwarded to France the observations dated 29 July 2013 received from one interested third party, namely EDF, and invited the French authorities to submit their comments. On 11 October 2013, France submitted its comments on the observations by EDF.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>On 18 October 2013, EDF sent to the Commission a study prepared by a consultant (Oxera) dated 15 October 2013. On 22 October 2013, the Commission sent this study to France and invited the French authorities to submit their comments. However, the invitation was subject to the reservation that the study had been submitted more than two and a half months after the deadline set by the extension decision and, furthermore, it had been drawn up after the decision to invest in EDF on which France was relying. On 6 November 2013, France submitted its comments on the study.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>A meeting between the Commission and the French authorities was held on 14 November 2013. On 15&#160;November 2013, the Commission asked for further information and clarifications on the observations by France, which were submitted on 23 December 2013.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>On 22 November 2013, EDF sent to the Commission a legal opinion commissioned by EDF further to and in support of its observations of 29 July 2013.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>At the request of EDF, a meeting with the Commission in the presence of the French authorities was held on 12&#160;March 2014.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>On 13 May 2014, the Commission requested comments on the legal opinion submitted by EDF and clarifications and additional information from France, which the latter provided by letter dated 19 June 2014.</p></td></tr></tbody></table> 1. DETAILED DESCRIPTION OF THE MEASURE 1.1. THE BENEFICIARY: EDF, CHANGES IN ITS STATUS AND ITS CAPITAL <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>EDF was set up by Act No 46-628 of 8 April 1946 on the nationalisation of electricity and gas (&#8216;Act No&#160;46-628&#8217;), which, in its first article, nationalised the production, transport, distribution, and import and export of electricity in France. This Act entrusted the management of the nationalised electricity enterprises to a national public industrial and commercial establishment called &#8216;&#201;lectricit&#233; de France (E.D.F.), Service National&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>Article 16 of Act No 46-628 provided that the net balance of the assets, rights and obligations transferred to EDF constituted its capital, belonged to the nation, was inalienable and, in the event of operating losses, had to be reconstituted using the results of subsequent years. Under Article 1 of Decree No 56-493 of 14 May 1956 on capital contributions to EDF, those contributions were subject to the rules laid down by Article 16 of the above Act. Article 2 of the same Decree stipulates that the capital contributions give rise to payment to the state of interest and a dividend.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>By virtue of Act No 46-628, EDF had been since its creation, and still was in 1997, a national public industrial and commercial establishment that was not governed by the provisions applicable to public limited companies. A national public industrial and commercial establishment does not have any share capital, unlike a limited company governed by public law, which is owned by its shareholders<a>&#160;(<span>7</span>)</a>. Despite the terms &#8216;capital&#8217; and &#8216;capital contribution&#8217; used in the relevant instruments, EDF, because of its status as a legal person governed by public law, did not have any share capital. Act No 2004-803 of 9 August 2004 on the public electricity and gas service and on electricity and gas enterprises (&#8216;Act No 2004-803&#8217;) provided for a future change to this status. Article 24 of Act No 2004-803 stipulated that EDF, in which the state had to hold more than 70 % of the capital, would be governed by the laws applicable to public limited companies, save as otherwise provided by statute. Article 47 of the Act also provided for the subsequent conversion of the public establishment EDF into a public limited company, subject to the publication of a decree on its new status. Article 46 laid down that the balance sheet of the company EDF at 31 December 2004 would be based on the balance sheet at 31 December 2003 and the income statement of the public establishment EDF for the 2004 financial year.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>The conversion of EDF into a public limited company became effective by application of Decree No 2004-1224 of 17 November 2004 on the statutes of the public limited company &#201;lectricit&#233; de France. The statutes annexed to the Decree provided that EDF would now be a public limited company governed by the laws and regulations applicable to commercial companies, in particular the Commercial Code, unless otherwise specified by more detailed provisions, including the statutes themselves.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>Article 6 of the EDF statutes provides that the company's share capital, which was initially wholly owned by the state, is set at EUR 8,129 billion, divided into 1&#160;625&#160;800&#160;000 shares of EUR 5 each. The share capital of the new public limited company EDF was set in November 2004 at the same amount as the cumulated capital and capital contributions of the publicly owned industrial and commercial establishment EDF at that time, i.e. EUR 8,1 billion. This amount of capital and capital contributions had been reached under application of Act No 97-1026 of 10 November 1997 on various economic and commercial measures (&#8216;Act No 97-1026&#8217;) and had remained unchanged since 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(22)</p></td><td><p>As stipulated by Act No 2004-803 and the EDF statutes, the state had &#8212; and has &#8212; to hold more than 70 % of the company's capital at any time. In November 2005, new EDF shares accepted for listing on Euronext were offered at an open price, thereby effectively opening EDF's capital to shareholders other than the state.</p></td></tr></tbody></table> 1.2. THE CREATION OF ACCOUNTING PROVISIONS FOR THE RENEWAL OF THE HIGH-VOLTAGE TRANSMISSION NETWORK (RAG) <table><col/><col/><tbody><tr><td><p>(23)</p></td><td><p>Article 36 of Act No 46-628 transferred all the nationalised electricity concessions to EDF. Under Article 37 of the Act, the concessionaire is required to comply with a standard set of terms and conditions in relation to the concessions. In 1958, the various electricity transmission concessions that had been transferred to EDF by the state were converted into a single concession known as the &#8216;<span>r&#233;seau d'alimentation g&#233;n&#233;rale</span>&#8217; (RAG) (high-voltage transmission network).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(24)</p></td><td><p>In the absence of specific accounting rules for concessions, as early as 1946 EDF considered that it was the owner of the assets comprising the RAG and included those assets in its balance sheet. Pursuant to Article 8 of the terms and conditions approved by Decree No 56-1225 of 28 November 1956, EDF was required to carry out, at its expense, all the maintenance and renewal work needed to keep the concession structures in good working order.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(25)</p></td><td><p>In 1987, following a 1982 amendment to the general accounting plan that laid down specific rules for the assets to be returned to the state at the end of the concession, EDF changed its accounting practice for the assets constituting the RAG, which had until then been considered to be own assets, and classified them under the balance sheet item &#8216;Assets under concession&#8217;. EDF applied to those assets the special accounting rules established in France for assets under concession that have to be returned to the state at the end of the concession period, and created tax-free provisions for the renewal of the RAG.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(26)</p></td><td><p>In a 1994 report<a>&#160;(<span>8</span>)</a>, the French Court of Auditors considered that, in the presence of a sole and permanent concessionaire from the state, nominated by law, such as EDF, it was difficult to regard the assets constituting the RAG as having to be returned to the state at the end of the concession, as opposed to the RAG's own assets belonging to EDF. In other words, the Court of Auditors took the view that the accounting change introduced by EDF in 1987, which was reflected in the setting-up of tax-free provisions, was not justified. Work to regularise EDF's situation was started rapidly between the undertaking and the supervising authorities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(27)</p></td><td><p>In 1997, EDF's accounts contained two types of tax-exempt provisions for the renewal of the RAG: unused provisions amounting to FRF 38,5 billion, and grantor rights corresponding to renewal operations already carried out, amounting to FRF 18,345 billion.</p></td></tr></tbody></table> 1.3. RECLASSIFICATION OF THE ACCOUNTING PROVISIONS <table><col/><col/><tbody><tr><td><p>(28)</p></td><td><p>Act No 97-1026 clarified the status of the assets constituting the RAG. Article 4 of the Act provides:</p><table><col/><col/><tbody><tr><td><p>&#8216;I.</p></td><td><p>The structures of the high-voltage electricity transmission network are deemed to have been owned by &#201;lectricit&#233; de France (EDF) from the time that it was granted the concession for that network.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>II.</p></td><td><p>For the purposes of applying the provisions of paragraph I, as at 1 January 1997, the value of the assets in kind allocated under concession to the high-voltage transmission network appearing as liabilities on EDF's balance sheet is to be entered, net of the corresponding revaluation differences, under the item &#8220;Contributed capital&#8221; &#8230;&#8217;.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(29)</p></td><td><p>Reference to the Act was necessary for any operation relating to EDF's capital. Article 16 of Act No 46-628, in the version in force in 1997, provided that EDF's capital was inalienable and belonged to the nation. Therefore, under French law, the capital contributions to EDF resulting from the reclassification of the provisions for the renewal of the RAG were a matter for the law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(30)</p></td><td><p>Act No 97-1026 establishes the ownership of the assets constituting the RAG. EDF's balance sheet was therefore reorganised by Act No 97-1026. The provisions set up by EDF between 1987 and 1996 for the renewal of the RAG with a view to returning those assets to the state, whether or not they had been used, would become superfluous if EDF were deemed to own the assets constituting the RAG.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(31)</p></td><td><p>Annex 1 to a letter addressed to EDF on 22 December 1997 by the Minister for Economic Affairs, Finance and Industry, the Secretary of State for the Budget and the Secretary of State for Industry (&#8216;the letter from the Minister for Economic Affairs&#8217;) explained the restructuring of the upper part of EDF's balance sheet pursuant to Article 4 of Act No 97-1026 of 10 November 1997:</p><table><col/><col/><tbody><tr><td><p>&#8216;&#8212;</p></td><td><p>Reclassification of &#8220;Grantor rights&#8221; (FRF 18&#160;345&#160;563&#160;605):</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Consolidation as capital contributions of the value of assets in kind allocated under concession to the RAG, amounting to FRF 14&#160;119&#160;065&#160;335.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Amalgamation of the revaluation reserves for the RAG in 1959 (FRF 2&#160;425 million) and 1976 (non-depreciable fixed assets: FRF 97 million) with the item &#8220;Revaluation reserves RAG&#8221;, which is thus increased from FRF 1&#160;720 million to FRF 4&#160;145 million.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Amalgamation of the statutory provisions for the revaluation of depreciable fixed assets in 1976 (FRF 1&#160;704 million), the item thus increasing from FRF 877 million to FRF 2&#160;581 million.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Reclassification of the renewal provisions which have become unwarranted (FRF 38&#160;520&#160;943&#160;408) as retained income, in accordance with National Accountancy Council Opinion No 97-06 of 18 June 1997 on accountancy changes.&#8217;</p></td></tr></tbody></table></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(32)</p></td><td><p>In reorganising EDF's balance sheet, the French authorities followed National Accountancy Council Opinion No 97-06 of 18 June 1997 on changes to accounting methods, changes to estimates, changes to tax options and corrections to errors (&#8216;the National Accountancy Council Opinion&#8217;), which states that corrections to accounting errors, which by their very nature relate to the posting of past transactions, &#8216;<span>should be posted in the accounts for the financial year in which they are discovered</span>&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(33)</p></td><td><p>In accordance with Act No 97-1026 of 10 November 1997 and the letter from the Minister for Economic Affairs, the revaluation reserves were transferred to the item &#8216;Own funds&#8217; without incurring any tax since they corresponded to revaluation surpluses realised free of tax or under a tax neutrality arrangement pursuant to the 1959 and 1976 Revaluation Acts.</p></td></tr></tbody></table> 1.4. TAX IMPLICATIONS OF THE RECLASSIFICATION OF THE ACCOUNTING PROVISIONS <table><col/><col/><tbody><tr><td><p>(34)</p></td><td><p>Annex 3 to the letter from the Minister for Economic Affairs also sets out the tax implications of the reorganisation of EDF's balance sheet. A net asset variation results from the reclassification of the unused renewal provisions amounting to FRF 38,5 billion as retained income and is subject to corporation tax at the rate of 41,66 % applicable in 1997. The unused provisions amounting to FRF 38,5 billion were thus correctly taxed by the French authorities. However, the part of the tax-free provisions consolidated as a capital contribution corresponding to the grantor rights was not taxed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(35)</p></td><td><p>A memorandum by the Directorate-General for Taxation dated 9 April 2002, sent to the Commission by the French authorities, stated that &#8216;the grantor rights in respect of the RAG represent an unowed debt which was unjustifiably exempted from tax by being incorporated into the capital&#8217; and that &#8216;before this reserve was incorporated into the capital, it should have been transferred from the enterprise's liabilities, where it was incorrectly posted, to a net assets account, thereby resulting in a positive variation in net worth that was taxable under Article 38(2)&#8217; of the General Tax Code. They noted that &#8216;the tax concession thus obtained [by EDF in 1997] can be estimated at FRF 5,88 billion (14,119 &#215; 41,66 %)&#8217;.</p></td></tr></tbody></table> 2. OPENING DECISION <table><col/><col/><tbody><tr><td><p>(36)</p></td><td><p>In its opening decision, the Commission concluded that the irregular creation of additional provisions for the renewal of the RAG between 1987 and 1996 had favoured EDF within the meaning of Article 107(1) of the TFEU. This operation had conferred on EDF a selective economic advantage resulting from the difference between the capitalised value of the unpaid corporation tax on the provisions during the same period and the amount of corporation tax paid by EDF in 1997, following the entry into force of Article 4 of Act No 97-1026.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(37)</p></td><td><p>Despite the fact that EDF engaged in activities in France on a series of markets subject to monopoly rights before the entry into force of Directive 96/92/EC of the European Parliament and of the Council<a>&#160;(<span>9</span>)</a> liberalising the electricity sector, the Commission considered that the aid measures in question in favour of EDF had distorted or threatened to distort competition and affected trade between Member States within the meaning of Article 107(1) of the TFEU. This resulted in particular from the fact that, despite the exclusive rights enjoyed by EDF in engaging in certain activities in France, there was nevertheless a degree of trade between Member States on those markets. Moreover, free competition also existed on related markets where EDF had already diversified its activities beyond its exclusive rights in both geographic and sectoral terms. These effects already existed well before the liberalisation of the electricity sector.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(38)</p></td><td><p>The Commission also concluded that it was new aid which did not appear, at that stage, to meet the requirements that must be fulfilled for finding that the conditions laid down in Article 107(2) and (3) of the TFEU were fulfilled. Furthermore, the French authorities did not rely on the application of Article 106(2) of the TFEU.</p></td></tr></tbody></table> 3. COMMENTS BY AN INTERESTED PARTY <table><col/><col/><tbody><tr><td><p>(39)</p></td><td><p>By letter dated 6 January 2003, the National Association of Independent Thermal Electricity Producers (SNPIET) submitted comments to the Commission in the context of the formal investigation procedure. In relation to the non-payment in 1997 of corporation tax on some of the tax-free provisions created for the renewal of the RAG, SNPIET alleged that EDF had not complied in its operations with normal practice in industrial and commercial enterprises, contrary to the provisions of Act No 46-628 of 8 April 1946.</p></td></tr></tbody></table> 4. COMMENTS BY FRANCE ON THE DECISION TO INITIATE THE FORMAL INVESTIGATION PROCEDURE <table><col/><col/><tbody><tr><td><p>(40)</p></td><td><p>The French authorities submitted their comments to the Commission by letter of 11 December 2002. They challenged the classification as State aid of the non-payment in 1997 of corporation tax on some of the accounting provisions created free of tax for the renewal of the high-voltage transmission network.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(41)</p></td><td><p>First of all, they disputed the amount of the provisions created for the renewal of the high-voltage transmission network (RAG) advanced by the Commission. Second, the French authorities claimed that, even if EDF had not set aside provisions for the renewal of the RAG, it would still not have been liable for the payment of corporation tax between 1987 and 1996 because of the carry-over of large tax losses. Furthermore, since the state was both the owner of EDF and the grantor of the concession on the RAG, they considered that the grantor rights did not provide it with a genuinely enforceable claim. Consequently, when the balance sheet was restructured in 1997, they assigned those rights to EDF's capital and reserves in order to correct its under-capitalisation, but without subjecting them to corporation tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(42)</p></td><td><p>The French authorities took the view that the restructuring of EDF's accounts in 1997 could be interpreted as a capital contribution of an amount equivalent to the partial tax exemption, the aim of which was also to correct under-capitalisation. EDF and the state would have liked to allocate the quasi-own assets to capital, leaving aside the question of corporation tax. It was thought that it would be more efficient and more neutral to allocate the grantor rights directly, and in their full amount, to own funds, rather than to carry out the equivalent transaction, which would have entailed assigning to capital a net amount after corporation tax, requesting EDF to pay corporation tax in an amount equal to the variation in net worth and, finally, making an additional capital contribution in an amount equal to the tax paid.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(43)</p></td><td><p>The French authorities took the view that an additional contribution was justified by EDF's projected profits in 1997, which were in fact achieved during subsequent years. According to the French authorities, in comparable circumstances, a private investor in a market economy would have made such a capital contribution.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(44)</p></td><td><p>They also denied that the remuneration of the state had been unduly reduced between 1987 and 1996 as a result of the creation of the provisions in question. They argued that, even if the net result had been higher, the remuneration of the state would not have been increased since, during that period, the level of that remuneration did not correspond to a predetermined percentage of EDF's net result. The level was determined freely by the state in absolute terms and did not necessarily depend on EDF's financial situation. Nor did the remuneration have to be deducted from the net profits for each year. In view of the foregoing, and given the losses carried over by EDF, the French authorities stressed that between 1987 and 1996 the state had in fact taken a dividend considerably in excess of the limits laid down by company law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(45)</p></td><td><p>The French authorities also considered that, even if the creation of provisions for the renewal of the RAG had resulted in an advantage, that advantage had to be regarded as cancelled out by the increase in corporation tax paid in 1997. They claimed that, over the period from 1987 to 1996, EDF paid more to the state overall than the corporation tax that would have been paid by a commercial company which did not create provisions for the renewal of the RAG and which paid its shareholder a dividend equal to 37,5 % of its net result after tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(46)</p></td><td><p>The French authorities also argued that, if EDF were found to have benefited from an undue advantage, it would constitute existing aid and not new aid on account of the expiry of the 10-year limitation period laid down in Article 15 of Council Regulation (EC) No 659/1999<a>&#160;(<span>10</span>)</a>, which started to run from the date on which the initial aid was granted. Since the Commission's first request for information was made on 10 July 2001, any aid granted before 1991 would be time-barred. The French authorities took the view that the legislative measures adopted in 1997 did not suspend the limitation period since only action by the Commission could have that effect. The French authorities argued finally that the measure would constitute existing aid in any event since it was granted prior to the liberalisation of the electricity market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(47)</p></td><td><p>In their letter dated 20 November 2003, the French authorities reiterated their arguments concerning the revaluation reserves included in the amount of the grantor rights appearing in the accounts and concerning application of the limitation rule. Moreover, they claimed that the rate of corporation tax that should have been applied when EDF's balance sheet was restructured was the 1996 rate (36,67 %) and not the 1997 rate (41,66 %). They considered that the restructuring was carried out on the basis of a tax return filed on 23 December 1997, after closure of the accounts for 1996 but before the 1997 accounts were finalised.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(48)</p></td><td><p>The French authorities thus disputed the Commission's claim that EDF benefited from an advantage in 1997 on account of the non-payment of corporation tax on some of the provisions created free of tax for the renewal of the high-voltage transmission network.</p></td></tr></tbody></table> 5. JUDGMENTS BY THE EU COURTS <table><col/><col/><tbody><tr><td><p>(49)</p></td><td><p>By its judgment of 15 December 2009, the General Court annulled the Commission's decision of 16 December 2003 on the ground that it was incumbent on the Commission to determine whether a private investor would have invested a comparable amount in similar circumstances. The General Court took the view that the Commission should have checked whether the operation satisfied the private investor test. The General Court therefore considered that the Commission had committed an error of law and infringed Article 107 of the TFEU.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(50)</p></td><td><p>In its judgment of 5 June 2012, the Court of Justice dismissed the appeal brought by the Commission against the judgment of the General Court. The Court of Justice considered that the finding made by the General Court, to the effect that the obligation for the Commission to verify whether the capital had been provided by the state in circumstances corresponding to normal market conditions existed regardless of the way in which that capital had been provided by the state, was not vitiated by an error of law. The Court of Justice also took the view that the General Court did not err in law either in finding that the private investor test may be applicable even where fiscal means have been employed.</p></td></tr></tbody></table> 6. DECISION TO EXTEND THE FORMAL INVESTIGATION PROCEDURE <table><col/><col/><tbody><tr><td><p>(51)</p></td><td><p>As a result of the annulment of the decision of 16 December 2003, the Commission had to adopt a new decision under Article 266 of the TFEU and Article 13 of Regulation (EC) No 659/1999 terminating the procedure by complying with the points of law established definitively by the judgment of the General Court. Since the decision of 16 December 2003 had been annulled, the Commission had to re-examine the questions relating to Articles 3 and 4 of that decision.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(52)</p></td><td><p>On the one hand, neither the Court of Justice nor the General Court had found that the opening decision was irregular. It could therefore form the basis for a new final decision. On the other hand, the General Court clearly laid down the conditions governing the applicability and application of the private investor test. These criteria were based on the existence of objective and verifiable evidence showing that the decision by the Member State was to make an investment in the public undertaking on the basis of economic evaluations comparable to those which a rational private investor would have had carried out, before making the investment, in order to determine its future profitability<a>&#160;(<span>11</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(53)</p></td><td><p>In the decision to extend the formal investigation procedure, the Commission noted that, at that stage of the administrative procedure, there was no evidence, demonstration or document to support the statement by the French authorities that the accounting reform of 1997 could be interpreted as a capital contribution of an amount equivalent to the partial tax exemption. Contrary to the observations by the French authorities, nor was such a capital contribution an investment rather than an aid measure which a rational private investor in a market economy would have made in comparable circumstances, justified by EDF's projected profits in 1997, which were in fact achieved during subsequent years.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(54)</p></td><td><p>Accordingly, in the extension decision, the Commission set out, in the light of the available information and documents, its preliminary analysis of the potential economic advantage arising from the non-payment by EDF in 1997 of corporation tax on the part of the provisions corresponding to the FRF 14,119 billion in grantor rights which were reclassified as capital contributions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(55)</p></td><td><p>In that regard, the overall assessment of the facts of the case seemed to indicate that that measure involved the public authorities, thereby precluding the applicability of the principle of the private investor. In support of their claim, the French authorities had not provided any information or business plan preceding or contemporaneous with the decision not to levy the tax on EDF demonstrating the profitability of such an operation. From a substantive perspective, having regard to the criteria laid down by the General Court, the Commission noted that it was for France to duly establish the date of the documents provided and the evidence that they had been examined by the relevant ministers and officials and the Houses of Parliament before the contested decision was adopted.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(56)</p></td><td><p>In the absence of this information, however, it was in the exercise of its powers of taxation that France appeared to have reserved a more favourable tax treatment for the restructuring of the upper part of EDF's balance sheet, in relation to the reclassification of the grantor rights provided for in Article 4 of Act No 97-1026. No specific budgetary provision earmarked this tax resource to EDF, just as the rules and checks relating to investments had not been implemented to provide a legal basis for the alleged investment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(57)</p></td><td><p>Likewise, in its extension decision, the Commission noted in the alternative that, even if the principle of the private investor in a market economy had been applicable, application of the principle resulted in the conclusion at that stage that a private investor would not have invested FRF 5,88 billion in the capital contribution to EDF in 1997. In the absence of information provided by the French authorities, it seemed excluded that a private shareholder under normal market conditions would have gone ahead with the alleged investment without previously examining objective and reliable studies, preferably carried out by an impartial independent investment adviser, rather than, for example, by the beneficiary enterprise, which stated, in particular, the return on capital invested, the return period on the investment and the inherent risks in absolute terms and in relation to the remuneration arrangements linked to such an investment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(58)</p></td><td><p>In that regard, the Commission added to the factors which a rational private investor would have examined before committing funds the uncertainty about the amount and the future course of the pension financing costs facing EDF in 1997, under its specific pension scheme, and the assessment that an investor would make at that time.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(59)</p></td><td><p>Under those conditions, the partial exemption from corporation tax in 1997 was not a productive investment by the state shareholder but rather a tax exemption measure likely to have conferred an economic advantage on EDF.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(60)</p></td><td><p>Furthermore, it appeared that the failure to levy the corporation tax owed by EDF involved state resources and was likely to distort competition and affect trade between Member States, thereby fulfilling the conditions for the application of Article 107(1) of the TFEU.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(61)</p></td><td><p>In the absence of a legal basis justifying the compatibility with the internal market of operating aid that strengthened EDF's position in relation to its competitors, the Commission, in its decision of 2 May 2013, doubted whether the aid was compatible with the internal market. Similar doubts had already been raised in the opening decision.</p></td></tr></tbody></table> 7. COMMENTS BY THIRD PARTIES <table><col/><col/><tbody><tr><td><p>(62)</p></td><td><p>By letter dated 29 July 2013, EDF submitted its comments on the extension decision. EDF levelled three main criticisms at the arguments set out in that decision: (i) the decision ignored the lessons of the judgment of the General Court and failed to recognise the true nature of the recapitalisation of EDF carried out by the state; (ii) the decision was excessively formalistic in that it wrongly postulated the need for a business plan linked to the investment, whereas the recapitalisation was the fruit of a lengthy reflection process, as attested by many documents from that period; and (iii) the decision argued, without any demonstration, that no investor in a situation as close as possible to that of the state would have made a comparable investment, contrary to the information provided by EDF in support of its observations.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(63)</p></td><td><p>EDF took the view that the Commission was therefore continuing to analyse the measure adopted by the French state in 1997 from the sole perspective of its alleged tax implications, even though the General Court had clearly rejected that approach. As the General Court had confirmed, the measure implemented by the state when it reclassified the grantor rights as capital contributions constituted a recapitalisation of EDF intended to correct the imbalance on EDF's balance sheet with view to the opening-up of the energy markets to competition. The letter from the Minister for Economic Affairs dated 22 December 1997 did not contain a tax decision that departed from the 1997 Act but served to point out the tax implications. It was that this single and indivisible recapitalisation measure that should be examined, not the alleged tax implications, which were artificially dissociated in the decision to extend the formal investigation procedure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(64)</p></td><td><p>According to EDF, a business plan specific to the investment was not required by the case-law, which did not establish any formalism on that question but requires objective and verifiable evidence pre-dating or contemporaneous with the measure under examination. Incidentally, such a business plan would not have been essential for the state in 1997. The state had five representatives on EDF's management board, had held all of EDF's capital since 1946 and, at the time, had detailed knowledge of the enterprise and was involved in its management and in setting its strategic objectives, with a long-term time horizon. According to EDF, such a long-term time horizon was particularly relevant in the case of EDF because of the capital intensiveness of its activity and the decades-long useful life of its installations, ranging from 30 to 75 years in some cases.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(65)</p></td><td><p>EDF took the view that it was as a shareholder and not as a public authority that the state, as attested by many contemporary documents, had carried out an investment on the basis of precise forward-looking analyses and assessments. Thus, as early as 1995 discussions had begun between EDF and its line ministries in order to draw the conclusions from the opinion of the Court of Auditors referred to in recital 26. These discussions focused on the reorganisation of the balance sheet of the undertaking and the return on capital. They resulted in the signature, on 8 April 1997, of the contract for services between the state and EDF for the period 1997-2000 and the concomitant tabling, on 2 April 1997, of a draft law on various economic and financial measures, Article 45 of which was identical to Article 4 of Act No 97-1026. According to EDF, the preparatory work in the National Assembly and the Senate, and even the Act itself, demonstrated that the nature of the intervention by the state was that of a shareholder: a capital contribution recapitalising EDF.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(66)</p></td><td><p>As attested by some 40 contemporaneous documents that EDF attached to its accounts, the state had been guided in its analyses and reflections by four main concerns:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>taking into consideration the new competitive context of the gradual opening-up of the markets following Directive 96/92/EC,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>normalising its financial relations with EDF on the basis of ordinary law by putting an end to the ambiguities which had existed in the past,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>rectifying the significant imbalance which was affecting the structure of EDF's balance sheet by strengthening its own funds,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>facilitating international comparisons to increase the credibility of the enterprise within the financial community.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(67)</p></td><td><p>Lastly, for EDF, the criterion of the prudent private investor in a market economy was not only applicable because of the considerations referred to above but was also satisfied in this case since the state had acted as a private investor would have done. In the view of EDF, according to the Court of Justice (paragraphs 78 and 89 of the judgment), the question was one of determining whether EDF, in circumstances which corresponded to normal market conditions, could have obtained the same advantage as that which had been made available to it through state resources and whether the advantage, because of its effects, distorted or threatened to distort competition.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(68)</p></td><td><p>Here again, many contemporaneous documents demonstrate that the state had indeed examined and quantified the profitability of its investment, as would have done an investor who was the sole shareholder in the undertaking operating to a long-term time horizon. It was on that basis that the remuneration of the state had been set in the contract for services between the state and EDF for the period 1997-2000. At the time, the remuneration was consistent with the remuneration of shareholders in comparable companies. The estimates of the amounts that EDF would have to pay to the state from 1997 to 2000 had therefore been examined by the latter before the contract was concluded.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(69)</p></td><td><p>Moreover, in its comments of July 2013, EDF had anticipated a study commissioned from Oxera, which had not yet been finalised when EDF made its submission. EDF had claimed that the Oxera study would compare the internal rate of return expected on the investment by the state in 1997 with that required by the capital markets for a similar investment and would show that a private investor would have made the investment under the conditions set in the contract for services for 1997-2000.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(70)</p></td><td><p>On 18 October 2013, EDF had sent to the Commission the study by Oxera, which was dated 15 October 2013<a>&#160;(<span>12</span>)</a>, without further comment. As EDF had anticipated in its comments in July 2013, the study by Oxera concluded that a prudent private investor in a market economy would have invested in the increase in the amount of capital in EDF. This conclusion resulted from the fact that the profitability (internal rate of return) that an investor could have expected in 1997 lay somewhere between 35 % and 15 %, with an average of 27 %, over five years, which in any event was higher than the return of 12,7 % that such an investor would have required. The return was calculated by taking into account the value, at the start and end of the period, of the sale of the rights in EDF held by the state.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(71)</p></td><td><p>EDF took the view that, apart from the weakness in own funds, its economic fundamentals were healthy in 1997, as analysts had commented at the time, without expressing any concerns about its financial viability or its commercial prospects at the time the state made its investment. EDF's credit rating was excellent (Aaa for Moody's between 1992 and 1997, AAA for Standard &amp; Poor's in 1996-1997) and remained so despite it having been necessary to lower it by one or two notches to take account of the state guarantee available to EDF as a public industrial and commercial establishment. Several contemporaneous documents showed that the level of remuneration of the French state by EDF was comparable to the rate of return from dividends from companies listed on the French stock exchange (CAC 40) (4,5 % to 5 % on capital) and from undertakings active in the energy sector in Europe (estimated at 4,7 % and 5,27 % for 1996 and 1997 respectively). Moreover, this demonstrated that EDF could have obtained the same amount of capital on the capital market, so the measure, because of its effects, had not been of such a nature as to distort competition.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(72)</p></td><td><p>In particular, EDF took the view that a private investor holding the entire share capital in a subsidiary would have been able to make, under comparable conditions, a similar investment in that subsidiary by converting any type of claim held against the subsidiary into capital. This analysis was supported by a legal opinion issued at the request of EDF. In seeking to rectify a financial structure that was distorted by the weakness of its own capital compared with the financial indebtedness, the state would also have allowed the undertaking to compete with other leading operators in the sector in the EU. The same shareholder would not, therefore, have left untouched a significant imbalance in the balance sheet of its subsidiary with sound economic fundamentals, while it had an easy method of correcting the imbalance by converting a claim into capital.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(73)</p></td><td><p>In the view of EDF, it was therefore reasonable to think that a private investor in a situation as close as possible to that of the state, i.e. the sole shareholder in the company, operating to a long-term time horizon, in a highly capital-intensive market on the verge of being opened up to competition, would have made the same investment.</p></td></tr></tbody></table> 8. COMMENTS BY FRANCE ON THE DECISION TO EXTEND THE FORMAL INVESTIGATION PROCEDURE <table><col/><col/><tbody><tr><td><p>(74)</p></td><td><p>The French authorities considered, first, that the state had acted as a prudent investor in a market economy when it reclassified, free of corporation tax, the grantor rights as capital contributions to EDF. They took the view that, contrary to the presentation in the decision to open the investigation procedure of 16 October 2002 and in the decision to extend the procedure of 2 May 2013, the measure that the Commission should analyse was a single measure to recapitalise EDF through the adoption of Article 4 of Act No 9-1026 and not the measure to grant a tax exemption on the reclassification of the grantor rights as a capital contribution, which was separable under the said Act. They relied on the information presented in a number of documents dating from 1996 and 1997 annexed to their comments, which they believed supported and corroborated that argument. These documents are referred to in recitals 87 to 108. As far as the French authorities were concerned, other documents submitted by EDF backed up their comments.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(75)</p></td><td><p>In the alternative, the French authorities pointed out that they disputed the amount of aid and reiterated their comments of 20 November 2003 to the effect that the rate of the relevant tax to be applied should be the 1996 rate and not the 1997 rate, as set out in recital 47.</p></td></tr></tbody></table> On the applicability of the principle of the private investor in a market economy <table><col/><col/><tbody><tr><td><p>(76)</p></td><td><p>The French authorities disputed that France had granted the tax exemption at issue in its capacity as a public authority, which made the principle of the prudent private investor in a market economy inapplicable. They considered that the General Court did not require the Member State to submit a genuine business plan relating to the contested measure.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(77)</p></td><td><p>In that regard, first, they pointed out that in 1997 EDF was a public industrial and commercial establishment placed under the supervision of the state, which, therefore, had a detailed knowledge of the undertaking and of its industrial strategy and financial prospects. Accordingly, they took the view that the submission of the information and evaluations available to the state before it took the contested measure, which demonstrated the profitability of the investment, was admissible. The Commission had to carry out an overall analysis, including in particular this information and any other relevant information.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(78)</p></td><td><p>Second, given the nature and purpose of Article 4 of Act No 97-1026, the French authorities took the view that the state had acted in its capacity as shareholder by granting a tax exemption on the reclassification of the grantor rights. Thus, this Act had been preceded by the signature on 8 April 1997 of the contract for services between the state and EDF for the period 1997-2000, the performance of which involved the adoption of legislative measures to restructure EDF's balance sheet. Previously, in a letter dated 12 July 1996, the supervisory authorities had informed EDF that the contract should set it an ambitious target for the remuneration of the state. Title III of the contract provided for a remuneration of the state comprising two elements: (i) a remuneration on the capital contributions at a fixed rate of 3 %; and (ii) an additional remuneration equal to 40 % of EDF's net income, whereby the combined amount of the two elements could not, however, exceed 6 % of the amount of the capital contributions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(79)</p></td><td><p>The state had examined this remuneration in the form of prospective dividends and quantified the additional remuneration at FRF 3,5 billion, which could reach FRF 6 billion over the period, as documented by a letter dated 22 April 1997 from the supervisory authorities to EDF. This estimate was based on the economic-financial prospects that EDF had sent to the Ministry of Finance on 19 February 1997 and on the assumptions underlying the contract for services. The report from September 1997 by the rapporteur to the Senate on Act No 97-1026 also included analyses by the Ministry's departments of the expected impact on the remuneration of the state as shareholder for 1998, i.e. FRF 2,6 billion, of which FRF 1,5 billion was fixed interest and FRF 1,1 billion was additional remuneration. The state had therefore estimated the projected remuneration before adopting the measure at issue, as would any shareholder wishing to take part in a capital increase in their company.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(80)</p></td><td><p>Third, the French authorities considered that the reclassification of the grantor rights and, more broadly, the restructuring of EDF's balance sheet and the strengthening of own funds had rectified the weakness in the financial structure of the enterprise. If this weakness had persisted, EDF would probably have had to face an increase in the interest rate on its debt and a difficulty with its commercial partners because of a negative perception of the counterparty risk. That the state as shareholder had had such a concern emerged from the explanatory memorandum to Article 4 of the draft law which then became Act No 97-1026 and from the speech by the minister responsible when he tabled the draft law before the Senate on 2 October 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(81)</p></td><td><p>Furthermore, the reports by the deputy and senator who acted as rapporteurs on the draft law before the National Assembly and the Senate respectively had stressed the positive effect of restructuring EDF's balance sheet on the debt-equity ratios: the first report had judged the equity (FRF 24,2 billion) to be insufficient in relation to the loan debts (FRF 131,9 billion) and the net assets (FRF 696,4 million); the strengthening of own funds had given EDF a balance-sheet structure that better reflected its economic reality, while enabling more relevant comparisons with its European competitors; the second report, moreover, had stressed the positive effect for EDF of greater credibility among the financial community and with its potential partners. The French authorities took the view that strengthening the financial structure of an enterprise was a concern of a prudent private investor in a market economy in a comparable situation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(82)</p></td><td><p>According to the French authorities, the outcome was that the prudent private investor in a market economy test was indeed applicable since the state had acted as shareholder in reclassifying, free of tax, the provisions for grantor rights as capital contributions to EDF.</p></td></tr></tbody></table> On the applicability of the principle of the private investor in a market economy <table><col/><col/><tbody><tr><td><p>(83)</p></td><td><p>First of all, the French authorities pointed out that the contract for services between the state and EDF had provided for a remuneration of the state resulting from two elements: (i) a fixed rate of 3 % on its capital contributions; and (ii) additional remuneration of 40 % of EDF's net income, which demonstrated that the state had information on the expected yield on the invested capital. As attested, moreover, by the report by the member of the National Assembly referred to above, given the existence of a fixed rate on the capital contributions, the reclassification of the grantor rights as capital had had the effect of increasing in absolute terms the value of the remuneration of the state, because of the broadening of the capital base.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(84)</p></td><td><p>Next, the French authorities considered that the profitability of the investment in EDF in 1997 should be looked at from a long-term perspective, having regard to the future payments to the state and to the increase in the value of the enterprise. Substantial generation of resources between 1997 and 2000, of almost FRF 70 billion, as forecast by the contract for services, had to be added to the positive net results after taxation and remuneration of the state (FRF 1,4 billion in addition to FRF 2,5 billion remuneration of the state in 1998). As underlined by the letter from EDF dated 19 February 1997, the state had indeed set a target for the increase in the asset value of the enterprise of this amount, resulting from debt reduction, asset formation and investments in development, providing prospects for growth in the capital value of EDF.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(85)</p></td><td><p>Lastly, in assessing the risks of the investment, the state as shareholder had taken into account the characteristics of EDF's main activity, which was conducted principally in France, on the basis of a principle of regulated tariffs which would have to cover the company's costs. These characteristics reduced the risk associated with the investment and, consequently, the profitability requirement. Furthermore, a memo from EDF dated 27 July 1996, which was sent to the Senate on 15 September 1997, showed that the shareholder remuneration in foreign companies differed markedly, depending on the institutional and regulatory environment in the sector in each country.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(86)</p></td><td><p>According to the French authorities, the result was that the state had behaved as a prudent private investor in a market economy when it reclassified the provisions for grantor rights as capital contributions without levying corporation tax. Furthermore, this conclusion was also confirmed by EDF's comments, including the studies and analyses on which it relied, as set out in recitals 62 to73. In particular, as regards the economic study by Oxera submitted by EDF, the French authorities took the view that the Commission should carry out the same analysis in order to determine whether or not the recapitalisation of EDF by the state in 1997 was a prudent investment.</p></td></tr></tbody></table> Documents submitted by France in support of its comments <table><col/><col/><tbody><tr><td><p>(87)</p></td><td><p>In support of their reply to the extension decision, the French authorities sent the Commission nine documents in attachment to their comments of 1 July 2013. They submitted these nine documents in support of the argument they had already put forward in their comments of 11 December 2002 to the effect that an additional capital contribution equivalent to the revenue from the uncollected tax was justified by EDF's projected profits in 1997, which were achieved in the subsequent years. Without prejudice to the documentary evidence cited by France in its comments, a systematic analysis of the evidence contained in these documents is required.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(88)</p></td><td><p>The documents relate either to the preparation or implementation of the contract for services for 1997-2000 between EDF and the French state or to debates on the draft law which became Act No 97-1026. They date from 1996 to 1997 and thus from the same period as the supposed investment decision. The documents concerned are the 1997-2000 contract for services<a>&#160;(<span>13</span>)</a>, letters from the line ministers responsible for supervising EDF<a>&#160;(<span>14</span>)</a>, letters from EDF to the Ministry or the Senate<a>&#160;(<span>15</span>)</a> and documents and two reports from the National Assembly and the Senate in preparation for debates on the draft law<a>&#160;(<span>16</span>)</a>. Their content is outlined in more detail below.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(89)</p></td><td><p>In a letter of 12 July 1996 to the Chairman of EDF, the line ministers welcomed the results of the 1993-1996 Plan contract between EDF and the state and, as it was due to expire on 31 December 1996, launched the preparation of the next Plan contract for 1997-2000. They explained that the financial equilibrium in the 1997-2000 contract would be determined as part of a new tax and accounting framework for EDF, following work conducted since 1995. They asked for discussions to start between the relevant departments and EDF and outlined the three primary objectives for the future contract:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>first, the ministers wanted: &#8216;the productivity gains achieved by the undertaking [to] allow it to continue its price reduction policy, thereby helping to boost the competitiveness of French industry and the purchasing power of domestic consumers&#8217;,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>at the same time EDF was to continue its debt reduction efforts and to set an ambitious target for the remuneration of the state, with an income-growth incentive mechanism for EDF,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>lastly, the contract was to set strategic guidelines for developing EDF worldwide, in order of priority.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(90)</p></td><td><p>As part of the ongoing preparatory work on the contract, on 19 February 1997 EDF's finance director sent the Treasury Department a memo dated 18 February 1997. It contained the main hypotheses regarding the financial scenario underpinning the contract for services between EDF and the state for 1997-2000, including in particular the projected annual income statements and cash flow statements for the period.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(91)</p></td><td><p>The memo forecast a price reduction each year (&#8211; [&#8230;]<a>&#160;(<span>17</span>)</a> %, &#8211; [&#8230;] %, &#8211; [&#8230;] %, &#8211; [&#8230;] %), industrial investment of FRF [&#8230;], of which FRF [&#8230;] for international development, and investment of FRF [&#8230;] in the core business over the period 1997-2000. It also mentioned a tax-deductible remuneration for capital contributions of 3 % on an estimated base of FRF 50 billion after restructuring of the balance sheet and of 40 % of income after the fixed remuneration component and corporation tax. Debt at end of year was expected to go from FRF [&#8230;] at end 1996 to FRF [&#8230;] at end 2000. Similarly, outstanding debt less assets was expected to go from FRF [&#8230;] at end 1996 to FRF [&#8230;] at end 2000.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(92)</p></td><td><p>Of the documents submitted in annex to their comments by the French authorities, the EDF memo of 18&#160;February 1997, sent to the supervising authorities the following day, is the only one to contain systematic quantified projections for EDF's economic and financial operating income. On the basis of these projections dating from February 1997, the state as shareholder could expect a return on the invested capital of FRF 2,1 billion in 1997, FRF 2,5 billion in 1998, FRF 2,4 billion in 1999 and FRF 2,4 billion in 2000, or an annual average of FRF 2,35 billion. EDF's projected income statement for 1997-2000 as set out in the memo was as follows:</p><p><span>Table 1</span></p><p><span>F projected income statement 1997-2000 (FRF billion current value)</span></p><table><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>1997</p></td><td><p>1998</p></td><td><p>1999</p></td><td><p>2000</p></td></tr><tr><td><p>Revenue</p></td><td><p>186,3</p></td><td><p>184,2</p></td><td><p>185,7</p></td><td><p>187,5</p></td></tr><tr><td><p>Expenses</p></td><td><p>177,0</p></td><td><p>177,2</p></td><td><p>179,1</p></td><td><p>180,9</p></td></tr><tr><td><p>of which fuel and energy purchases</p></td><td><p>36,9</p></td><td><p>36,8</p></td><td><p>37,8</p></td><td><p>38,5</p></td></tr><tr><td><p>of which operating expenses</p></td><td><p>88,3</p></td><td><p>91,2</p></td><td><p>93,6</p></td><td><p>95,7</p></td></tr><tr><td><p>Income from core business</p></td><td><p>9,3</p></td><td><p>7,0</p></td><td><p>6,6</p></td><td><p>6,6</p></td></tr><tr><td><p>Income before remuneration of the state</p></td><td><p>6,8</p></td><td><p>6,5</p></td><td><p>6,1</p></td><td><p>6,1</p></td></tr><tr><td><p>Remuneration for capital contributions</p></td><td><p>1,5</p></td><td><p>1,5</p></td><td><p>1,5</p></td><td><p>1,5</p></td></tr><tr><td><p>Additional remuneration</p></td><td><p>0,6</p></td><td><p>1,0</p></td><td><p>0,9</p></td><td><p>0,9</p></td></tr><tr><td><p>Corporation tax</p></td><td><p>3,9</p></td><td><p>2,6</p></td><td><p>2,4</p></td><td><p>2,3</p></td></tr><tr><td><p>Net income</p></td><td><p>0,9</p></td><td><p>1,4</p></td><td><p>1,3</p></td><td><p>1,4</p></td></tr><tr><td><p><span>Source:</span> EDF memo of 18 February 1997&#8216;Contract for services &#8212; economic and financial prospects&#8217;.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(93)</p></td><td><p>As mentioned in the EDF memo, the remuneration paid to the state was tax deductible. This marked a departure from the principle of corporation tax being levied on income after interest and depreciation, thereby reducing net income and thus the amount that could potentially be paid out in dividends. This ad hoc departure potentially increased the state's remuneration as shareholder but decreased by the same amount the tax to be paid to the state as revenue collector. In their reply of 23 December 2013, the French authorities stated that the remuneration for the capital contributions was treated as a standard dividend from 2001 onwards, as a result of which it ceased to be tax deductible. This treatment was used for the group contract between EDF and the state for 2001-2003, which replaced the 1997-2000 contract.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(94)</p></td><td><p>On 8 April 1997 a contract for services between EDF and the state for the 1997-2000 period was agreed and signed by the line ministers and the EDF Chairman and CEO. The contract set out the main direction EDF's medium-term action should take and contained reciprocal commitments by the parties, stating that these commitments had been entered into in the light of broad reference hypotheses and could be called into question only if there was a significant change in the business environment. The contract contained various commitments under three headings: reaffirming the core tasks of a public undertaking (Title I), preparing the undertaking's future today (Title II) and a new financial and institutional framework for the undertaking (Title III). Two annexes to the contract set out performance indicators used for implementation (Annex I) and price movements forecast per year between 1997 and 2000 (Annex II).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(95)</p></td><td><p>The main commitments and guidelines laid down in the contract which relate to the scope of this Decision are described below:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The state confirmed that it wanted the undertaking to retain its legal status, which had proved its effectiveness and should remain a stable point of reference for future developments; this was in compliance with the EU Directive on the internal market in electricity<a>&#160;(<span>18</span>)</a>. For its part, EDF was to contribute to spatial planning and national solidarity through an ambitious policy to support economic activity and employment by helping local authorities to create jobs and by improving the situation of its poorest customers (Title I).</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EDF's development was intended to &#8216;boost the competitiveness of French business&#8217;; the productivity gains to which it was committing were to be allocated as a priority to a reduction in the average level of its prices. The price adjustments should result in an average reduction at constant prices of [&#8230;] % in April 1997, [&#8230;] % in April 1998 followed by [&#8230;] % in April 1999 and [&#8230;] % in April 2000. At the same time, EDF's development should be geared towards winning new markets, particularly in Europe (Title II).</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>EDF's balance sheet was to be restructured with the two-fold aim of strengthening its net assets and stabilising its financial relationship with the state on a basis more akin to ordinary law. To this end the Government undertook to present to Parliament a legislative measure restructuring EDF's balance sheet in 1997, with an effective restructuring date of 1 January 1997. The contract provided for a remuneration of the state as shareholder comprising two elements: a remuneration on the capital contributions at a rate of 3 % and an additional remuneration equal to 40 % of net income, whereby the combined amount of the two elements could not exceed 6 % of the amount of the capital contributions, though no estimate of the absolute amounts involved was included. In addition, for the period 1997-2000 EDF undertook to allocate FRF [&#8230;] to industrial investment worldwide, to cut its gross debt by FRF [&#8230;] to bring it to FRF [&#8230;] at end 2000, with a view to an ultimate objective of zero debt by the time the generation system was renewed. Lastly, the contract provided that, if targets were exceeded and a surplus resulted, this should be allocated &#8216;as a priority to additional price reductions&#8217; before paying out any dividends to the state as shareholder or profit-sharing bonuses to staff (Title III).</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(96)</p></td><td><p>A letter dated 22 April 1997 to the EDF Chairman from the ministers who co-signed the contract for services confirmed that the reference hypotheses and financial projections contained in the EDF memo of 18 February 1997 and which underpinned the 1997-2000 contract for services were consensual and fixed. The letter made express reference to the prior concertation between EDF and the public authorities in preparing the financial scenario. It mentioned the target of an average [&#8230;] % reduction in EDF's prices in four years.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(97)</p></td><td><p>The letter of 22 April 1997 referred to the provisions of the Decree of 14 May 1956, as amended, and the arrangements for the remuneration of the state included in Title III of the contract for services. In accordance with these provisions, the letter stated that &#8216;the reference scenario gave an additional remuneration amount of FRF 3,5 billion over the period&#8217; 1997-2000 and that in these circumstances it would be possible to achieve a total value of payments to the state of FRF 5,1 billion in 1997, including the fixed interest rate and the advance on corporation tax. These amounts are consistent with those contained in the EDF memo of 18 February 1997. The consistency between the amounts of additional remuneration calculated on the basis of income demonstrates that all the amounts (revenue, expenses, net income, etc.) included in EDF's projected income statement for the period 1997-2000 were examined, validated and approved by the supervising authorities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(98)</p></td><td><p>The letter of 22 April 1997 from the ministers also stressed that the means of achieving equilibrium in the contract came under the accounting and tax framework accompanying the restructuring of EDF's balance sheet, which was to take effect, subject to the necessary legislative provisions, on 1 January 1997. The letter stated, &#8216;the detailed arrangements for implementing this restructuring, on both the accounting and the tax fronts, will be the subject, on the basis of the plan now adopted, of further discussions between the line ministries and the undertaking&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(99)</p></td><td><p>Not long before this letter, the Government had tabled a draft law before the National Assembly. The draft law on various economic and financial measures was adopted by the Council of Ministers on 5 April 1997. Article&#160;45 provided for the reclassification of EDF's accounting provisions. The explanatory memorandum to the draft law stated that the planned accounting adjustments would give EDF a balance sheet that better reflected its real economic circumstances, with a level of own funds proportionate to its volume of activity. The draft law was not examined on account of the National Assembly's being dissolved on 21 April 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(100)</p></td><td><p>After the transmission to Parliament of the draft law on urgent tax and financial measures, subsequently adopted as Act No 97-1026, the National Assembly and the Senate appointed their rapporteurs. National Assembly Report No 204 described the background to the need to clarify the ownership of EDF's transmission structures, which would nullify the accounting practices contested by the Court of Auditors in its special report on the EDF concessions, No 1993 of 10 October 1994. It explained the accounting changes needed and provided estimates of their effects on the various balance-sheet items as follows:</p><p><span>Table 2</span></p><p><span>Effects of the reorganisation of EDF's own funds as a result of Article 4 of the urgent tax and financial measures Act on the accounts for 1996 (FRF billion)</span></p><table><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>End 1996</p></td><td><p>Effect of Article 4</p></td></tr><tr><td><p>Own funds</p></td><td><p>24,2</p></td><td><p>79,8</p></td></tr><tr><td><p>of which (liabilities):</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>Paid-in capital</p></td><td><p>2,6</p></td><td><p>2,6</p></td></tr><tr><td><p>Contributed capital</p></td><td><p>36,6</p></td><td><p>50,7</p></td></tr><tr><td><p>Revaluation reserves</p></td><td><p>2,1</p></td><td><p>6,2</p></td></tr><tr><td><p>Statutory reserves</p></td><td><p>0,15</p></td><td><p>0,15</p></td></tr><tr><td><p>Retained income<a>&#160;(<span>19</span>)</a></p></td><td><p>20,2</p></td><td><p>18,3</p></td></tr><tr><td><p>Income after remuneration of the state</p></td><td><p>1,9</p></td><td><p>1,9</p></td></tr><tr><td><p><span>Source:</span> Ministry of Economic Affairs and Finance</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(101)</p></td><td><p>The National Assembly report stressed the draft law's effects that made comparisons with the debt ratios of European competitors (Austria, United Kingdom, Sweden, Spain, Germany) more meaningful: after the restructuring of the balance sheet, EDF's net debt/equity ratio would go from 480 % to 148 %.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(102)</p></td><td><p>The report also stressed the changes in the financial relations between EDF and the state. It explained the legal regime and the remuneration for the capital contributions to EDF, governed by Decree No 56-493 of 14 May 1956, as amended by Decree No 86-1360 of 30 December 1986. This regime provided for a fixed-rate remuneration capped at 8 % and additional remuneration as a percentage of EDF's income after tax and fixed interest. The payments made by EDF from 1991 to 1996 as described in the report total FRF 3,41 billion per year on average during the period; proportional to own funds at the end of 1996, these payments gave an average operating profitability of 14,1 % for the state as shareholder<a>&#160;(<span>20</span>)</a>. They are summarised in the table below.</p><p><span>Table 3</span></p><p><span>Financial relations between the state and EDF (FRF million current value)</span></p><table><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>1991</p></td><td><p>1992</p></td><td><p>1993</p></td><td><p>1994</p></td><td><p>1995</p></td><td><p>1996</p></td></tr><tr><td><p>Interest on capital contributions (GB &#8212; line 407)</p></td><td><p>1&#160;816</p></td><td><p>1&#160;816</p></td><td><p>1&#160;816</p></td><td><p>1&#160;816</p></td><td><p>1&#160;816</p></td><td><p>1&#160;816</p></td></tr><tr><td><p>Additional remuneration on capital contributions (GB &#8212; line 116)</p></td><td><p>500</p></td><td><p>665</p></td><td><p>965</p></td><td><p>1&#160;938</p></td><td><p>1&#160;500</p></td><td><p>4&#160;002</p></td></tr><tr><td><p>Total</p></td><td><p>2&#160;316</p></td><td><p>2&#160;481</p></td><td><p>2&#160;781</p></td><td><p>3&#160;754</p></td><td><p>3&#160;316</p></td><td><p>5&#160;818</p></td></tr><tr><td><p><span>Source:</span> National Assembly report, p.&#160;77, Committee calculations for &#8216;total&#8217;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(103)</p></td><td><p>The National Assembly report stated with respect to the changes envisaged for the EDF balance sheet that &#8216;as the capital contributions form the base for the fixed interest, increasing them as a result of this Article would increase the payment burden on EDF. An amendment to the terms of remuneration was therefore included in the state-EDF contract for 1997-2000 signed on 8 April 1997. The fixed interest rate has been brought down to 3 % in order to offset the effect of the base&#8217;. The report pointed out that, despite the profits earned since 1990, EDF had not paid corporation tax and that moving the provisions linked to the RAG concessions up would wipe out in one go the accumulated tax and accounting deficit. The report noted that, according to the line ministry, this would leave the public establishment (EDF) owing corporation tax of FRF 3 billion in 1997 and FRF 2,5 billion in 1998.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(104)</p></td><td><p>The National Assembly report referred to a parliamentary amendment to the draft law, which was scrutinised and rejected by the Committee. The amendment specified that the reclassified accounting provisions should be converted to own funds by an accounting entry that bypassed EDF's income statement, in order to avoid showing a very high profit that the state might be tempted to tax in part. To this end, the amendment proposed that the Act should define the accounting process and stipulate that no additional revenue could be collected from EDF by the state on the ownership of the RAG assets being transferred. The report indicated that &#8216;the inclusion of the accounting process for converting the provisions to own funds in the Act was ruled out at the request of the Council of State on account of its not being of a legislative nature&#8217;; in the discussion the report cited a number of parliamentary opinions to the effect that the state should be able to impose other charges on EDF, the undertaking should pay corporation tax on its profits and the real question was &#8216;how much the Government was to collect from EDF and by what means&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(105)</p></td><td><p>As for the Senate, its report preparatory to the debate on the draft law found that there was no justification for creating accounting provisions for the renewal of the RAG assets from 1987 onwards. When the draft law was presented to the Senate on 2 October 1997, the minister responsible stressed the &#8216;fictitious&#8217; nature of EDF's losses from a tax point of view, as well as the non-payment of corporation tax resulting from the provisions. The minister reassured the Senate that the arrangements did nothing to call into question EDF's monopoly position. The Senate report outlined the consequences of the Article under scrutiny on the items in EDF's balance sheet before and after reclassification of the provisions, along similar lines to the National Assembly report, as set out in Table 2. It pointed out that cleaning up the balance sheet would make it easier to compare it with the balance sheets of EDF's competitors; this would make EDF more credible to the financial world, which was all the more important considering that the cost of debt renegotiation depended in particular on the debt/equity ratio.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(106)</p></td><td><p>As part of the &#8216;clarification&#8217; of EDF's financial relations with the state, the Senate report stated that &#8216;in exchange for the tax revenue that the public establishment would now pay to the state, the contract for services signed on 8 April 1997 for 1997 to 2000 provides for a slight reduction in EDF transfers to the state&#8217;. As a result of the writing back of the renewal provision of FRF 38,5 billion, making EDF liable for corporation tax, the Senate report stated that &#8216;the financial relations between EDF and the state have been revised downwards&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(107)</p></td><td><p>The other documents submitted by France include a cover letter dated 15 September 1997 from EDF's finance department to the Senate administration, to which were attached a table quantifying the effects of Article 4 of the draft law, and showing the effects on the balance sheet, a copy of the instruction of 27 July 1993 on the electricity distribution concessions and an internal EDF memo discussing foreign experiences of remunerating shareholders in the electricity sector, dated 27 July 1996. This memo explained the key principles applicable to remunerating shareholders, the disparity and return figures for certain undertakings in the sector: 60-80 % of profits in the US, 40 % for National Power and Power Gen, 78 % for Union Fenosa and 30 % for Endesa, giving the Spanish state a return of 28 % for the period 1991-1996 taking account of dividends and the increase in share price.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(108)</p></td><td><p>Despite the two further documents sent by EDF to the Senate with its letter of 15 September 1997, the principles, figures and their application to shareholder remuneration by EDF as set out in the memo of 27 July 1996 were not analysed or included in the Senate report. On the contrary, the Senate report, like that of the National Assembly, stated that the planned reduction in the remuneration on the capital contributions paid by EDF to the state as shareholder was: &#8216;to take account of the increase in capital contributions brought about by this Article&#8217;.</p></td></tr></tbody></table> 9. ASSESSMENT OF THE MEASURES: EXISTENCE OF STATE AID <table><col/><col/><tbody><tr><td><p>(109)</p></td><td><p>Article 107(1) TFEU provides: &#8216;Save as otherwise provided in the Treaties, 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&#8217;. The question whether these cumulative tests apply to the tax exemption granted by France to EDF is examined below.</p></td></tr></tbody></table> 9.1. SELECTIVE ADVANTAGE TO AN UNDERTAKING <table><col/><col/><tbody><tr><td><p>(110)</p></td><td><p>Since Act No 97-1026 established that EDF was deemed to have been the owner of the high-voltage transmission network (RAG) for which it had been granted the concession, it has to be ascertained whether the Act involved a transfer of ownership of the RAG.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(111)</p></td><td><p>According to the information provided by the French authorities, EDF can reasonably be regarded as the owner of the RAG before the entry into force of the Act. This finding is supported by the following considerations: the features of the different types of concession contract under French law; the special features of the original concession granted to EDF, which did not include an explicit retrocession clause; the procedure for the acquisition of the assets concerned, for which EDF had to pay a fee similar to compensation under a compulsory purchase procedure; and the conditions for the financing, maintenance and extension of the RAG at EDF's expense. The &#8216;clarification&#8217; of the ownership of the RAG provided by Act No 97-1026 does not therefore in itself appear to confer an economic advantage on EDF.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(112)</p></td><td><p>It therefore has to be examined whether Act No 97-1026 addressed all the tax implications of the &#8216;clarification&#8217; of ownership of the RAG and, if not, whether an economic advantage in the form of a tax concession was granted to EDF.</p></td></tr></tbody></table> 9.1.1. Waiving the tax owed by EDF constitutes prima facie a selective advantage <table><col/><col/><tbody><tr><td><p>(113)</p></td><td><p>During the period between 1987 and 1996, EDF created tax-free provisions for the renewal of the RAG, provisions which were identified as irregular by the French Court of Auditors. Article 4 of Act No 97-1026 declaring that EDF was deemed to be the owner of the RAG rendered those provisions superfluous and they therefore had to be reallocated to other items in the balance sheet.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(114)</p></td><td><p>The letter from the Minister for Economic Affairs setting out the tax implications of the restructuring of EDF's balance sheet shows that the unused provisions for renewal of the RAG were subjected by the French authorities to corporation tax at 41,66 %, the rate applicable in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(115)</p></td><td><p>On the other hand, the provisions corresponding to renewal operations already carried out, also called grantor rights, were reclassified as capital contributions amounting to FRF 14,119 billion without being subjected to corporation tax. The tax authorities acknowledge that this transaction was illegal, as can be seen from the memorandum dated 9 April 2002 addressed by the Directorate-General for Taxation to the Commission and quoted in recital 35.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(116)</p></td><td><p>In line with the National Accountancy Council opinion, corrections to accounting errors should be posted in the accounts for the financial year in which they are discovered. Moreover, since the unused provisions amounting to FRF 38,5 billion that had been created free of tax were subjected to corporation tax at the rate of 41,66 % in 1997, there is no objective reason why the rest of the provisions created free of tax should not have been taxed at the same rate.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(117)</p></td><td><p>The grantor rights should have been taxed at the same time and at the same rate as the other accounting provisions created free of tax. This means that the FRF 14,119 billion in grantor rights should have been added to the FRF 38,5 billion in unused provisions and taxed at the rate of 41,66 % applied to the restructuring of EDF's balance sheet. By not paying all the corporation tax due when it restructured its balance sheet, EDF made tax savings of FRF 5&#160;882&#160;849&#160;762.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(118)</p></td><td><p>The tax measure was advantageous to EDF in 1997, as the amount of FRF 5,88 billion exempted from tax and included in the amount of FRF 14,119 billion was recorded in EDF's balance sheet as grantor rights reclassified by the state when it implemented Act No 97-1026 with retroactive effect from 1 January 1997. The tax implications of the Act are set out in the letter from the Minister for Economic Affairs with effect from the same date of 1 January 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(119)</p></td><td><p>The French authorities claim that, even if EDF had not set aside provisions for the renewal of the RAG, it would still not have been liable for payment of corporation tax between 1987 and 1996 because of the tax loss carry-forward. That argument misses the point. The tax advantage dates from 1997, not from the preceding years. Moreover the irregular provisions were in part responsible for the tax loss carry-forward. The carry-forwards would have been gradually absorbed between 1987 and 1996 and the amount of tax payable by EDF would have been significantly higher, even without taking account of the non-payment of tax for the reclassification of the grantor rights.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(120)</p></td><td><p>The French authorities also take the view that, even if the creation of provisions for the renewal of the RAG resulted in an advantage, that advantage should be regarded as cancelled out by the increase in corporation tax paid in 1997. However, as the French authorities themselves acknowledged in their memorandum dated 9 April 2002 and quoted in recital 35, although the unused replacement provisions were correctly taxed, the grantor rights were reclassified as capital contributions without being subjected to corporation tax. The tax paid by EDF in 1997 is therefore lower than the tax normally due.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(121)</p></td><td><p>The French authorities also claim that, over the period from 1987 to 1996, EDF paid more to the state overall than the corporation tax that would have been paid by a commercial company which did not create provisions for the renewal of the RAG and which paid its shareholder a dividend equal to 37,5 % of its net income after tax. Moreover, the rate of corporation tax that should have been applied when EDF's balance sheet was restructured was the 1996 rate and not the 1997 rate.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(122)</p></td><td><p>First, as stated in recitals 32 and 116, the National Accountancy Council takes the view that corrections to accounting errors should be posted in the accounts for the financial year in which they are discovered. Since the provisions for renewal of the RAG became superfluous following Act No 97-1026 of 10 November 1997, they should have been reclassified in the accounts for the 1997 financial year and therefore taxed at the rate of corporation tax applicable to that year. Second, the French authorities themselves applied the 1997 rate of corporation tax to the share of the provisions that was taxed, as set out in recital 34.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(123)</p></td><td><p>The non-payment by EDF, in 1997, of FRF 5&#160;882&#160;849&#160;762 in corporation tax constitutes an economic advantage for the undertaking. EDF was able to use this amount to increase its own funds without having to raise outside finance. If the tax had in fact been paid and the increase in own funds financed by the undertaking's operating profit, it would have had to cut costs, increase profit or refrain from investment expenditure. By having at its disposal amounts that should have been paid to the French state by way of corporation tax, EDF benefited from a selective measure which placed it at an advantage over French undertakings in a similar situation, and which had to pay corporation tax on the reclassification of irregular provisions under Article 38-2 of the General Tax Code in force in 1997, as set out in recital 35.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(124)</p></td><td><p>However, in its comments of 11 December 2002, France called for application of the principle of the prudent private investor in a market economy. As pointed out by the EU courts in their judgments referred to in recitals&#160;7 and 8 in this case, a further capital contribution to EDF of an amount equal to the tax owed could not be regarded as conferring an economic advantage on the undertaking within the meaning of Article 107(1) TFEU, if it was established that a hypothetical private shareholder would have invested an equivalent amount in EDF, on similar terms and in similar circumstances, in accordance with the prudent private investor in a market economy test.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(125)</p></td><td><p>In paragraph 99 of its judgment of 5 June 2012, the Court of Justice stated that, by the judgment under appeal, the General Court had not prejudged the applicability of that test to the present case or the outcome of applying that test. The applicability and application of that test to the facts of the case must therefore now be examined in the light of the criteria set out by the Court of Justice.</p></td></tr></tbody></table> 9.1.2. Applicability of the principle of the prudent private investor in a market economy <table><col/><col/><tbody><tr><td><p>(126)</p></td><td><p>To determine whether the principle of the prudent private investor in a market economy is applicable, an overall assessment must be made of whether the French Republic granted the tax exemption in its capacity as shareholder or in its capacity as public authority. In its judgment of 5 June 2012, the Court of Justice set out a number of factors that should be taken into account in this overall assessment. These factors, examined in more detail below in relation to the circumstances of the case, are:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the Member State must, where there is doubt, establish unequivocally and on the basis of objective and verifiable evidence that the measure implemented falls to be ascribed to the state acting as shareholder<a>&#160;(<span>21</span>)</a>; that evidence must show clearly that, before or at the same time as conferring the economic advantage, the Member State concerned took the decision to make an investment, by means of the measure actually implemented, in the public undertaking<a>&#160;(<span>22</span>)</a>,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>in that regard, it may have to produce evidence showing that the decision was based on economic evaluations comparable to those which, in the circumstances, a rational private investor in a situation as close as possible to that of the Member State would have had carried out, before making the investment, in order to determine its future profitability<a>&#160;(<span>23</span>)</a>; the Commission may refuse to examine evidence established after the decision to make the investment in question<a>&#160;(<span>24</span>)</a>,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>the nature and subject-matter of the measure are relevant in that regard, as is its context, the objective pursued and the rules to which the measure is subject<a>&#160;(<span>25</span>)</a>,</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>application of the private investor test must make it possible to determine whether, in similar circumstances, a private shareholder would have subscribed, to an undertaking in a situation comparable with that of EDF, an amount equal to the tax due<a>&#160;(<span>26</span>)</a>.</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(127)</p></td><td><p>In their comments of 11 December 2002 referred to in recital 42, the French authorities argued that it was thought to be more efficient and more neutral for EDF to allocate the grantor rights directly, and in their full amount, to own funds, without paying corporation tax. However, none of the documents prior to or contemporaneous with the supposed decision not to levy tax, that were submitted by France or EDF in support of their comments on the decision to extend the formal investigation procedure, made any direct or indirect mention of the supposed decision to invest, with its implications, benefits or costs, or of the corresponding decision to increase the amount of contributed capital by not levying tax. The documents submitted by the French authorities as described in recitals 87 to 108 do not mention, still less analyse, the benefits or costs for the state of the decision not to levy corporation tax on the part of the grantor rights reclassified as capital under Act No 97-1026 of 10 November 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(128)</p></td><td><p>It is for France, in the event of any doubts, such as those formulated by the Commission, about the applicability of the prudent private investor in a market economy test, to establish unequivocally and on the basis of objective and verifiable evidence that the measure implemented falls to be ascribed to the state acting as shareholder. However, in the light of the evidence provided, the decision to make an investment by way of waiving the tax EDF should have paid must be deemed to have been taken tacitly, without a reasoned legal act that would reveal the precise content of the decision, its grounds and legal basis or by what authority and on what date it was taken. In the light of the factors set out by the Court of Justice for establishing the applicability of the prudent private investor in a market economy test, namely the need for objective and verifiable evidence, a measure that has actually been implemented or economic evaluations carried out in advance, the absence of references or material evidence must be regarded as an initial indication that the test is not applicable.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(129)</p></td><td><p>In the absence of any documentary evidence tracing the supposed decision, the investment measure that the French state might have taken needs to be described. In this case, the Court of Justice found that application of the private investor test must make it possible to determine whether, in similar circumstances, a private shareholder would have subscribed FRF 5,88 billion to an undertaking in a situation comparable to that of EDF. An investment by France would constitute waiving the collection of this amount with a view to making a profit greater than the resources initially invested. The analysis must therefore be made with reference to the amount of corporation tax due.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(130)</p></td><td><p>The absence of any specific studies, references or analyses of the profitability of the investment in the amount of the tax exemption makes it difficult to isolate the effects of the supposed investment in the information submitted by France or by EDF. This difficulty is not insurmountable if, for the purposes of analysing most of the factors relevant for determining the applicability and the application of the prudent private investor principle, the additional capital contribution to EDF equivalent to the amount of unpaid tax is regarded as benefiting from the rights attaching to all the capital contributions. So, if the capital contributions were remunerated at a certain rate, this rate had to be, and indeed was, applied to the amount of unpaid tax. If, on the other hand, the marginal or incremental effect is taken into account, the information provided by France or EDF does not at first sight demonstrate that the amount of contributed capital was increased by the amount of unpaid tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(131)</p></td><td><p>The non-collection of the tax had the effect of increasing the capital contribution to EDF, and thus EDF's own funds, by an additional FRF 5,88 billion, within the overall amount of FRF 14,119 billion of reclassified provisions. These provisions, which did not correspond to a prior injection of fresh capital by the state as shareholder, were reclassified as capital contributions and posted under the corresponding item in the upper part of EDF's balance sheet, together with the other equity items (paid-in capital, contributed capital, etc., see Table 2). Without the tax exemption, EDF's own funds, which were to reach FRF 79,8 billion in 1997, would have reached FRF 72,1 billion, according to the documents examined at the time (see Table 2, recital 100). Instead of FRF 50,7&#160;billion, the state contributions to EDF's capital would have stood at FRF 44,8 billion.</p></td></tr></tbody></table> Supposed investment decision: factors for analysis <table><col/><col/><tbody><tr><td><p>(132)</p></td><td><p>First, as pointed out by the French authorities, given that the amount in unpaid tax was included in the capital contribution base, and that this was remunerated at a fixed rate (3 %), the absolute value of the remuneration to the state was increased by the tax exemption (or non-collection, see recital 83). However, the increase in the capital contribution by the amount of the tax exemption did not have the effect of increasing the state's remuneration in relative terms. It is common ground that the remuneration for the capital contributed to EDF by the state was laid down as from Decree No 56-1360 of 30 December 1956 (recitals 18 and 103). Different types of remuneration were therefore included in the contracts which preceded and succeeded the 1997-2000 contract for services, as set out in recitals 93 and 102. The principle of remuneration pre-dated the supposed decision and was maintained afterwards.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(133)</p></td><td><p>Moreover, an examination of the facts demonstrates that the tax exemption had the effect of reducing the state's return on its investment. The report produced by the National Assembly in September 1997 unequivocally shows that the increase in the total capital contribution was the reason for the reduction in the remuneration so as not to &#8216;increase the payment burden on EDF&#8217; (recital 103). The Senate report confirms this deliberate reduction by the public authorities (recital 108).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(134)</p></td><td><p>Between 1991 and 1996, EDF gave the state a higher return for a lower capital contribution base compared with what was offered between 1997 and 2000 for a higher base. The average annual remuneration in absolute terms of FRF 3,41 billion for 1991-1996, when the amount of the capital contribution came to FRF 36,6 billion, was well above the FRF 2,35 billion put in place for a base increased to FRF&#160;50,7 billion during the 1997-2000 period (recitals 92 and 102-103, Table 3). It follows that the current marginal return on the FRF 5,88 billion increase in the amount of contributed capital expected in the 1997-2000 period by the state as shareholder was lower than in the period 1991-1996.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(135)</p></td><td><p>The French authorities saw to it that the remuneration paid to the state on its capital contribution fell, in absolute and relative terms, as the contribution base increased, as unequivocally established by the National Assembly and Senate reports. It follows that, by increasing the total capital contribution with a lower return than the contribution which pre-dated Act No 97-1026, the decision to grant a tax exemption did not necessarily constitute an investment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(136)</p></td><td><p>Second, the way in which the remuneration on the increased capital contribution was determined is not what a prudent private investor in a market economy might have chosen.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(137)</p></td><td><p>As demonstrated by the references contained in the letters from the line ministers and the parliamentary reports referred to in recitals 97, 103 and 106, in making their 1997 scrutiny of the French state's remuneration after the restructuring of EDF's balance sheet, the French authorities took account both of the return on the capital contributions due to the state as shareholder in the strict sense, and of the expected amount of tax that the state, acting as a tax-raising public authority, would collect after 1997 following several years of tax loss carry-over. As set out in recital 93, the remuneration on the capital contributions was in its turn deductible from income tax, by way of exception to the ordinary law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(138)</p></td><td><p>The concept examined and adopted by the French authorities in 1997 was therefore one of the overall amount collected from EDF, tax and shareholder remuneration combined. The overall amount of tax collected from EDF, above and beyond the contested exemption, under the state's tax-raising powers, and the remuneration paid to the state as shareholder, are mixed up together in the evidence submitted by the French authorities. Nevertheless, in their view, this evidence points to the existence of an investment decision. On the contrary, the fact that the payment of tax due by EDF to the state as revenue collector, including by the regularisation and discharge of the tax that had not been collected prior to Act No 97-1026, was constantly taken into account for the purposes of examining and setting the remuneration to the state as shareholder tends to indicate that the disputed tax exemption was adopted by the state acting as a public authority and not as an investor.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(139)</p></td><td><p>This impression is reinforced by the nature of the objectives set for EDF by the state in 1997 in the light of the concerns and goals of a public authority, not a shareholder. These concerns are reflected in the setting of EDF's tariffs, as agreed in the 1997-2000 contract for services, under which the state as shareholder was remunerated. The state asked EDF to help boost the competitiveness of French industry and the purchasing power of French households. Not only would such concerns have been alien to a prudent private investor in a market economy, they would have run counter to the hypothetical investor's financial interests. The same goes for the objective laid down for EDF in the 1997-2000 contract for services to put in place an ambitious policy to support economic activity and employment by helping local authorities (recitals 89 and 95).</p></td></tr></tbody></table> Economic evaluations to determine the profitability of the supposed investment <table><col/><col/><tbody><tr><td><p>(140)</p></td><td><p>The contract for services between EDF and the state signed on 8 April 1997 contained a prior evaluation of the financial scenario, including projections of the return for the state as shareholder on the investment in the form of contributions to EDF's capital (recital 92). The documents and analyses put forward by the French authorities relate to the expected effects of reclassifying all the provisions constituted by EDF, whether mandatory or not, whether resulting from Act No 97-1026 or not. The only systematic evaluation presented by the French authorities in the EDF memo of 18 February 1997 (recital 92) is general and confined to the statutory remuneration on the capital contributions, including those pre-dating the restructuring of EDF's balance sheet, but excluding, for example, remuneration on other capital or own funds.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(141)</p></td><td><p>None of the documents submitted by France or by EDF demonstrate that the supposed investment decision, namely to make a bigger capital contribution to EDF by waiving tax on the reclassification, was the subject of specific scrutiny, study or analysis. However, given the amounts involved, a prudent private investor in a market economy would in all probability have conducted a financial and economic analysis of the investment before deciding whether, in view of the statutory return on the capital contributions, the amount of FRF 5,88 billion in tax exemption was needed for the undertaking to guarantee the long-term profitability of its overall investment and for the shareholder to be sufficiently remunerated. This type of prior economic study, cited by the Court of Justice in paragraph 84 of its judgment as one of the conditions for the private investor test to apply, is absent.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(142)</p></td><td><p>It is particularly striking that, apart from the remuneration to be paid to the state over the 1997-2000 period, no study of the remuneration or return in the longer term was carried out, although France claims precisely to have made a long-term investment. However, a prudent private investor in a market economy would not have neglected to conduct an analysis of the profitability of the investment for the period after the year 2000.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(143)</p></td><td><p>While it is reasonable to suppose that a prudent private investor in a market economy would have taken into account the effects of the reduction in EDF's debt ratio, it must be noted that the advantage to EDF of lower-cost borrowing on account of an improved debt/equity ratio is referred to in general terms in some of the documents furnished by France (recitals 101 and 105) and EDF. However, none of the documents mentions the advantages and the profitability for the state as shareholder of a reduction in EDF's borrowing costs or a lower debt ratio. According to the figures produced at the time as set out in recital 101, EDF's net debt/equity ratio was to drop to 148 % as a result of the new capital contribution overall, which came to FRF 50,7 billion, including the FRF 5,88 billion by way of the contested exemption. Without the tax exemption, the ratio would have been around 163 %, or some three times lower than the ratio of 480 % before Act No 97-1026. Considered separately from the other effects of the reclassification of the various provisions, the contribution of the tax exemption to the improvement in the ratio is negligible and it is very doubtful that it had a real effect in terms of reducing the cost of borrowing for EDF (recitals 170 to 172). In any event, the documents submitted by the French authorities do not mention or analyse in investment terms the return for the shareholder resulting from a ratio of 148 %, still less a ratio of 163 %. In this connection, there are no prior economic evaluations comparable to those which a rational private investor in a market economy would have had carried out, as referred to by the Court of Justice in paragraph 84 of its judgment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(144)</p></td><td><p>The economic study submitted by EDF in support of its comments (recitals 69-70) does not find that France acted as an investor rather than a public authority. The study was produced after the supposed investment decision taken in 1997 and was not examined by the authorities responsible for taking such a decision. For this reason alone, the study is not admissible as evidence, as set out by the Court of Justice (recital 126, paragraph&#160;104 of the judgment of 5 June). The fact that the study used authentic basic data available at the time does not invalidate this conclusion. The study was commissioned to support the case following the extension of the investigation procedure in May 2013 and the conclusions it would reach were apparently known to EDF in July 2013, although the study dates from October 2013. Other grounds also invalidate the quantified findings of the study, and consequently undermine the conclusions that EDF draws from it in support of its comments; these grounds are:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The study uses basic data almost exclusively from the time and applies widely recognised methodological approaches for evaluating enterprise value, subject to the major reservations set out below. For all that, it constitutes a particularly complex economic evaluation, following relatively thorough data research, which took some three months to carry out and validate. This complex process comprised successive and various methodological choices, some of which are questionable. Without this process, it is quite impossible, from the basic data drawn from scattered and diverse sources, to form an overall view or make a quantified projection of the profitability that the French state could expect in 1997, as the study does. However, the Court of Justice requires the private investor test to be based on evaluations which were foreseeable at the time when the decision to make the investment was taken (paragraph 105 of the judgment of 5 June 2012). Contrary to what is claimed by EDF, the very fact that, with data available in 1996-1997, the relevant authorities of the French state did not themselves carry out or commission a study on this scale and with this level of complexity indicates that the profitability of the investment for the shareholder was not the sole relevant consideration for the French authorities when they took their decision.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The study analyses the conduct of the French state in the light of the private investor principle using information and hypotheses that are very different from those outlined in recitals 87 to 108 and which, according to the French authorities, formed the basis for the supposed decision. However, it is not EDF which took the investment decision, and, according to the Court of Justice (paragraphs 82 and 83 of its judgment of 5 June 2012), it falls to France to produce evidence of the nature and context of the decision taken. Since France alleges that it was in the light of the information and data submitted by it that it took its decision, the study, and EDF, are<span>de facto</span> substituting themselves for the alleged investor and claiming to know better than the French state the concerns and information that supposedly underpinned the decision taken and the hypotheses used to reach it. As such, the study is based on speculation and conjecture with respect to the data, information and hypotheses that the French authorities might have taken into account (among other possible options) in 1997 and has no force as evidence in 2015 (or October 2013, when it was carried out) to explain the decision taken by the French authorities in 1997, which these authorities themselves explain with reference to different data and hypotheses.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>The study's value as evidence is undermined still further by the fact that, to reach the findings outlined in recital 70, the study relies on hypotheses which are arbitrary or random, or uncorroborated by the facts, or counter to the information contained in the evidence provided by the French authorities and which, according to them, illustrates that the private investor test is applicable and does in fact apply in this case. So, first, the study conjectures that after 2000, the remuneration paid to the state as shareholder would not be regulated by decree and contained in a contract between the state and EDF but would be set by reference to the dividends which other undertakings in the sector paid in 1996-1997<a>&#160;(<span>27</span>)</a>. However, the remuneration on the capital contributions to EDF had been regulated by decree since 1956 (recital 102) and was statutory and reflected in the multiannual contracts before and after 1997, in the light of considerations unrelated to the dividends paid by undertakings in the sector operating in markets other than France (recitals 94 and 95). Likewise, and in second place, the study, with no good reason, reintroduced into EDF's income statement provisions from EDF's company accounts worth FRF 11,6 billion (before tax) and FRF 7,3 billion (after tax)<a>&#160;(<span>28</span>)</a>, artificially increasing EDF's value by that amount without taking account of the information which was available and the developments which were foreseeable in 1997 with respect to EDF's commitments under its staff pension scheme (recitals 168-169).</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Thirdly, the increase in the value of EDF resulting from the increase in return and results is calculated in the study on the basis of the &#8216;market expectations&#8217; in 1997<a>&#160;(<span>29</span>)</a>. However, the French authorities had specific and quantified projections for EDF's revenue and income for 1997 to 2000, validated as part of the process of drawing up the contract for services for the same period and stated that they relied on these projections and data to take their decision (recitals 78-79, 90, 94, 96); they also had in 1997 detailed knowledge of the undertaking and its financial prospects (recital 77). The use of &#8216;market expectations&#8217; from third parties to estimate EDF's value in these circumstances is neither reliable nor consistent with the arguments put forward by France to explain the decision which its authorities are supposed to have taken, all the more so since the French authorities argue that most of EDF's business in 1997 was conducted in France subject to regulated tariffs (recital 85). Moreover, these tariffs were set at a low level with a view to boosting the competitiveness of French industry and the purchasing power of French households (recitals 89 and 95). The study fails to explain, still less to justify, why the remuneration, dividends and results of listed companies which had no significant presence in France and operated in markets subject to different competitive and regulatory constraints (such as Endesa, Gas Natural and Union Fenosa in Spain, RWE, EON and Verbund in Germany, Fluxys in Belgium, etc.) should determine the results, remuneration and dividends of EDF, which is one of the hypotheses on which the findings set out in recital 70 are based<a>&#160;(<span>30</span>)</a>.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Lastly, and in fourth place, the study postulates with no justification that increasing the capital contribution to EDF in 1997 was, at least potentially, equivalent to acquiring a liquid financial asset<a>&#160;(<span>31</span>)</a>. However, in 1997 EDF was a public industrial and commercial establishment with no share capital (recital 19), with the French authorities and EDF affirming at the time that it would retain this status in the future (recitals 95, 105). The arbitrary nature of this postulation, on which the findings of the study none the less crucially depend, is demonstrated in more detail in recitals 179 to 181.</p></td></tr></tbody></table></td></tr></tbody></table> Nature and subject-matter of the measure, its context and the rules to which it is subject <table><col/><col/><tbody><tr><td><p>(145)</p></td><td><p>The Court of Justice states that the nature of the measure is one of the relevant factors to take into account when ascertaining whether the private investor principle is applicable (paragraph 86 of its judgment). The decision to contribute additional capital to EDF by waiving the tax on the reclassification of the irregular RAG provisions is both an accounting decision on moving amounts between different items on EDF's balance sheet (recitals 100 and 105) and a tax decision, since the authorities responsible deemed that the corporation tax should be levied before reclassification (recital 35), even though tax was paid on other reclassified accounting provisions. Contrary to what is claimed by the French authorities, it has not been established that the two accounting and tax strands are indissociable within a single measure put in place by Act No 97-1026 of 10 November 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(146)</p></td><td><p>Article 4(2) of the Act provides that the value of the assets in kind allocated under concession to the RAG and appearing as liabilities on EDF's balance sheet should be entered, net of the corresponding revaluation reserves, under the item &#8216;contributed capital&#8217; (recital 28). It could be concluded that, under the Act, any revaluation reserves aside, no further accounting or tax treatment was to reduce the value entered as a capital contribution to EDF. However, in accordance with Article 34 of the French Constitution, the decision to levy tax or not is not a matter regulated by law, and Act No 97-1026 could not therefore legitimately settle this question. Under this Article, Parliament's legislative powers in tax matters are confined to setting the base, rates and collection procedures for tax of all kinds. EDF paid corporation tax on some accounting provisions and not on others following the same reclassification operation provided for in the Act.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(147)</p></td><td><p>Furthermore, the preparatory documents submitted by the French authorities and referred to in recital 104 show that the Council of State took the view in 1997 that non-legislative provisions should be eliminated from the draft law; a draft amendment designed to limit the amounts that the state could collect from EDF under the Act was also rejected. Lastly, the line ministers took the view in April 1997 that the detailed arrangements for implementing EDF's restructuring, on both the accounting and the tax fronts, should be the subject of further discussions between the supervising authorities and the undertaking (recital 98).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(148)</p></td><td><p>These implementation arrangements, detailed and quantified in the letter from the line ministries to EDF on 22&#160;December 1997, following the adoption of the Act (recital 31), suggest that the tax elements were dissociable from the provisions of Act No 97-1026 of 10 November 1997. In their letter the ministers explain the restructuring of the upper part of EDF's balance sheet pursuant to Article 4 of Act No 97-1026 of 10 November 1997 and appear to reach a tacit decision on the tax implications of the restructuring, without there being any question of a profitable investment or of any mandatory requirements of the law.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(149)</p></td><td><p>As regards the context of the measure, this being one of the factors cited by the Court of Justice for the purposes of ascertaining the applicability of the private investor test, the preparatory meetings and supporting documents dating from the period, and which resulted in the contract for services between the state and EDF signed on 8&#160;April 1997, demonstrate that the reclassification of the provisions took place in the light of the prospect of the partial liberalisation of energy markets in the EU, planned as from 1996. Hence the concern for EDF's activities to become more international evident in the 1997-2000 contract and the preparatory documents, as well as the parliamentary documents. The contract itself presupposes that its implementation will require a regularising legislative measure such as that laid down in Act No 97-1026, thereby establishing a<span>de facto</span> link between the objectives of the contract and of the legislator. However, neither the contract concluded in April 1997 nor the preparatory documents or exchanges with EDF's line ministries take a position on the precise amount of tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(150)</p></td><td><p>This context, outlined by the evidence cited by France in its comments, does not, however, establish beyond doubt that the measure could be ascribed to a shareholder making an investment. The need to correct the irregularities identified by the Court of Auditors in October 1994 is also part of the picture. While, on one side, there was a need to correct an accounting irregularity that had allowed EDF to avoid paying corporation tax for years, on the other, the French authorities stressed that the measure did not call into question EDF's monopoly (recital&#160;105) and that the stable framework allowed by the liberalisation of the market should be maintained (recital 95). Although liberalisation opened up possibilities for expansion into the national markets of other Member States and some measures were included in the 1997-2000 contract for services so that EDF could become more international, the concern of the public authorities to place national undertakings at an advantage through financial support in the early stages of liberalisation was not confined to public undertakings; nor does it constitute typical behaviour by a prudent investor in a public undertaking.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(151)</p></td><td><p>Lastly, the Court of Justice states that the rules to which the disputed measure is subject are relevant for determining whether it constitutes an investment by the state as shareholder or a prerogative of a public authority. Classing the measure as one or the other may therefore take account of compliance with the rules governing it. The rules governing the investment of tax resources in undertakings like EDF must therefore be examined. Without the measure, the revenue from the uncollected corporation tax would have been paid into the general revenue of the budget of the French state in 1997. Under Article 18 of Order No 59-2 of 2 January 1959 laying down an organic law for budget laws, which was in force at the time of the facts, as all revenue is used to implement all expenditure, all revenue and all expenditure of the state are posted to a single account, called the General Budget. So, tax revenue is posted to the budget for the benefit of the state, and not for the benefit of public undertakings.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(152)</p></td><td><p>The budget is subject to the constitutional principle of universality, whereby all revenue and all appropriations are posted as two separate blocks, with no specific link made, for example, between revenue from corporation tax and an allocation such as a capital contribution to a public undertaking like EDF. Of course, the pre-allocation of a tax resource to a legal person other than the state in the form of a subsidy or an investment is possible under French law, where expressly provided for. Article 18 of Order No 59-2 thus provided that, apart from in the case of loans and advances in particular, the allocation of state resources was exceptional and could take place only pursuant to a provision of a budget law, which was for the government to adopt.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(153)</p></td><td><p>However, Act No 97-1026 of 10 November 1997 was not a budget law and as such could not allocate a tax resource to EDF's capital. Moreover, there do not appear to have been any specific government initiatives to adopt budget-law provisions applicable to the 1997 budget with a view to pre-allocating the revenue from the tax owed by EDF to expenditure by the French state on any investment in EDF's capital as part of the same budget. The rule allowing the investment of a tax resource constituted for the benefit of the state in a legal entity distinct from the state, such as EDF, does not seem to have been applied here.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(154)</p></td><td><p>The vast majority of the evidence described above clearly shows that France did not, either before or at the same time as conferring the economic advantage resulting from the non-payment of the corporation tax, take a decision to make an investment in EDF by way of the tax exemption. Accordingly, the prudent private investor in a market economy principle does not appear to be applicable to this measure. The considerations set out below on the application of the private investor test are therefore provided in the alternative.</p></td></tr></tbody></table> 9.1.3. Application of the principle of the prudent private investor in a market economy <table><col/><col/><tbody><tr><td><p>(155)</p></td><td><p>In its judgment of 5 June 2012 in the present case, the Court of Justice held that application of the private investor principle should make it possible to determine whether, in similar circumstances, a private shareholder would have subscribed, to an undertaking in a situation comparable to that of EDF, an amount equal to the tax due (paragraph 95 of the judgment). Any difference between the cost to the private investor and the cost to the state as investor may be taken into account when assessing whether the conditions laid down by that principle are met (paragraph 96 of the judgment).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(156)</p></td><td><p>The assessment must be carried out by reference to the objective and verifiable evidence which is available and the developments which were foreseeable, at the time when the decision to make the investment was taken (paragraphs 102 and 105 of the judgment). On that view, only the benefits and obligations linked to the situation of the state as shareholder &#8212; to the exclusion of those linked to its situation as a public authority &#8212; are to be taken into account (paragraph 79 of the judgment).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(157)</p></td><td><p>In view of the situation and the characteristics of EDF, which had existed as a public corporation fully controlled by the French state for over 50 years, it is advisable to keep in mind the benchmark of an investor pursuing an objective of long-term profitability and to examine in particular the information supplied by France as set out in recitals 87 to 108. It is this information that the French authorities relied on as the basis for their own decision in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(158)</p></td><td><p>First it is necessary to examine the rate of return that EDF gave its shareholder in 1997. This rate of return must be compared with reference values. In 1997, the average rate of return on French long-term bonds (30 years) was 6,35 %. Even for shorter maturities (10 years) &#8212; shorter than the life cycle of EDF's installations &#8212; the average interest rate on French Government securities was 5,58 %<a>&#160;(<span>32</span>)</a>. These values represent both the return on financial assets deemed to be low risk and the French state's long-term financing cost at the time. An investment in an undertaking such as EDF in 1997 was a riskier investment than holding government bonds during the same time period. As a result, a prudent private investor in a market economy would have required a better rate of return than the rate for government bonds.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(159)</p></td><td><p>Analysis of the current rate of return that the French state could expect in 1996-1997, as revealed by the documents submitted by the French authorities, does not justify the conclusion that the investment met the test of the prudent private investor in a market economy.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(160)</p></td><td><p>The French authorities forwarded EDF's projected income statement for the period subsequent to the restructuring of the balance sheet, as examined in 1997 by the authorities concerned (recital 92, Table 1). The estimates in the table are corroborated by other contemporaneous documents (recitals 96-97, 103). These EDF baseline scenario estimates for the following period had been validated by the state authorities (recital 97). From this income statement, and from the expected amounts of resources invested by the state in EDF (recital 100, Table&#160;2), it is possible to calculate the rate of return that the state could have expected on contributions to capital, to total capital (initial capital plus contributions) and to EDF's equity (total capital, revaluation reserves, reserve requirements and retained income)<a>&#160;(<span>33</span>)</a>, as shown in Table 4.</p><p><span>Table 4</span></p><p><span>Estimated remuneration from the capital on EDF's balance sheet 1997-2000 (billion FRF)</span></p><table><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>1997</p></td><td><p>1998</p></td><td><p>1999</p></td><td><p>2000</p></td><td><p>1997-2000</p></td></tr><tr><td><p>Portion fixed at 3 %</p></td><td><p>1,5</p></td><td><p>1,5</p></td><td><p>1,5</p></td><td><p>1,5</p></td><td><p>6,0</p></td></tr><tr><td><p>Variable portion</p></td><td><p>0,6</p></td><td><p>1,0</p></td><td><p>0,9</p></td><td><p>0,9</p></td><td><p>3,4</p></td></tr><tr><td><p>Fixed and variable portions</p></td><td><p>2,1</p></td><td><p>2,5</p></td><td><p>2,4</p></td><td><p>2,4</p></td><td><p>9,4</p></td></tr><tr><td><p>Return on equity (FRF 79,8 billion) (%)</p></td><td><p>2,63</p></td><td><p>3,13</p></td><td><p>3,01</p></td><td><p>3,01</p></td><td><p>2,94</p></td></tr><tr><td><p>Return on capital and contributions (FRF 53,3 billion) (%)</p></td><td><p>3,94</p></td><td><p>4,69</p></td><td><p>4,50</p></td><td><p>4,50</p></td><td><p>4,41</p></td></tr><tr><td><p>Return on contributions to capital (FRF 50,7 billion)</p></td><td><p>4,14 %</p></td><td><p>4,93 %</p></td><td><p>4,73 %</p></td><td><p>4,73 %</p></td><td><p>4,64 %</p></td></tr><tr><td><p><span>Source:</span> Commission calculations based on Tables 1 and 2</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(161)</p></td><td><p>It is clear from the documents referred to and submitted by the French authorities that in 1997 the remuneration the state as shareholder expected from EDF for the whole period 1997-2000 was FRF 9,4 billion, of which FRF 6&#160;billion was in respect of the portion at the fixed rate of 3 % and EUR 3,4 billion for the whole period in respect of the supplementary portion, after the reclassification made by Act No 97-1026. On the basis of the estimates validated at the time, on average, the future current rate of return that the state as shareholder could expect was 2,94 % of EDF's total equity, 4,41 % of the total capital invested by the state in EDF and 4,64 % of the amount of the contributions to capital. This rate of return, applicable to the amount of the tax exemption reclassified as contribution to capital, was well below the 6,35 % paid on the bonds that the French Government issued in 1997 with a view to its own long-term financing. A prudent private investor in a market economy would have found that the expected current rate of return on an amount of FRF 5,88 billion corresponding to the tax exemption was insufficient to justify the investment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(162)</p></td><td><p>Furthermore, the Court of Justice held in paragraph 96 of its judgment of 5 June 2012 that it is possible in the context of the application of the principle of the prudent private investor in a market economy to take into account the difference between the investment cost to a private investor and the cost to the state. This amounts to comparing the rate of return which, according to the French authorities, justified the reclassification of the grantor rights provisions at the amount of the tax exemption, with the rate that would have been obtained by a private shareholder on the same recapitalisation operation in an undertaking similar in every respect to EDF, except for the prerogative, which is not available to the private investor, to exempt the capital contribution from corporation tax.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(163)</p></td><td><p>Such an undertaking whose shareholder had FRF 5,88 billion available to recapitalise it under conditions identical to those of EDF would have had the prospect of an annual return of 4,64 % on the additional capital invested by the shareholder, i.e. FRF 272 million per year, without taking account of corporation tax. By applying the rate of corporation tax of 41,66 % applicable in 1997, the prospective rate of return would be FRF 159 million per year for the same capital contribution, or a nominal annual rate of return of 2,7 %. Such a rate for a share in the capital of a company with the risks associated with such an investment must be compared with 6,35 % paid on French bonds at that time. The low rate of return would have deterred a private investor who did not have the tax privileges of the state. With such poor prospects of return on the invested capital, it appears out of the question that a prudent private investor whose company is liable for corporation tax on contributions to capital would, instead of France, have participated in the increase in the capital of EDF in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(164)</p></td><td><p>It is therefore necessary to examine whether the evidence and information dating from the time of the decision to reclassify the provisions without levying the tax submitted by France contain additional information which would have convinced a prudent private investor to make the alleged investment notwithstanding the apparent very low rate of return. These details may relate in particular to the capacity of EDF (i) to increase its long-term operating income; (ii) to improve its operating results through efficiency gains; (iii) to increase the net value of the productive assets of the undertaking; or (iv) to provide a steady and adequate remuneration for its shareholder. These are factors which have the potential to create long-term value for the shareholder with a positive outlook, but destructive of value with a negative outlook.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(165)</p></td><td><p>In this respect, none of the documents forwarded by the French authorities contain a quantification, or even a qualitative assessment, of any potential creation of value for the shareholder that the French authorities examined and took into account for the period 1997-2000 or beyond. There are only general references to taking better account of the interests of the state as shareholder. This would indicate that the increase in the undertaking's value as an investment for the state as shareholder was not taken into account in deciding on the investment claimed. In any event, examination of four factors that potentially create value for the shareholder does not justify a conclusion of foreseeable growth on the basis of the data available in 1997, in particular EDF's forecast operating account 1997-2000 and the financial scenario forecasts used by the supervising authorities (recital 92, Table 1, recital 96).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(166)</p></td><td><p>In terms of EDF's total revenue, the state as shareholder could expect to receive a very small increase of 0,64 %. This virtual stagnation can be explained by the objective set by the state to contribute &#8216;to the competitiveness of French industry and the purchasing power of domestic consumers&#8217;, which resulted in an average reduction of [&#8230;] % in EDF's tariffs over four years (recitals 89, 95-96), which represents an annual decrease of [&#8230;] %. EDF conducted its business mainly in France since, for the period from 1997 to 2000, it was envisaged that more than 89 % of EDF's revenues would come from the French market. Therefore, the majority of its revenue depended on the choices the state made in setting electricity tariffs. A prudent private investor would not have failed to note that the setting of public policy objectives contrary to its interests as shareholder was prejudicial to its proprietorial interests. No prudent private investor would have agreed to lower earnings from its investment to foster the competitiveness of French undertakings.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(167)</p></td><td><p>The item in the projected income statement 1997-2000 showing the income from EDF's core business was also set to decrease by 29 % during the period, from FRF&#160;9,3 billion in 1997 to FRF 6,6 billion in 2000. Operating expenses were, for their part, set to increase by 2,2 %, mainly owing to the increase in day-to-day operating expenditure, since financial charges, depreciation and interest, excluding return on capital, were set to decrease. Adding depreciation and financial charges to the income from the core business, the outlook for the period 1997-2000 was also negative, because this aggregate was set to decrease from FRF 62,6 billion to FRF&#160;53,9 billion, i.e. by 13,9 %. However, it is the trend in income from everyday operations before depreciation and interest that determines the future capacity of the undertaking to generate value and a positive cash flow. In addition to the projected deterioration, in pursuit of economic policy or regulatory objectives, the state had set EDF the objective of allocating any earnings from efficiency and productivity gains to further reducing tariffs, which was to take priority over a better return for the shareholder (recital 95). It follows that EDF's ongoing activities, weighed down by the state's economic policy objectives, would not have offered the prospect of satisfactory future earnings.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(168)</p></td><td><p>As the Commission pointed out in the extension decision, a prudent private investor would have taken account of the uncertainty about the amount and evolution of the pension financing charges facing EDF in 1997 under the specific scheme for the electricity and gas industries. In the case of EDF in 1997, the cost of pensions and, a fortiori, the related off-balance-sheet commitments represented an encumbrance in anticipation of additional drains on the undertaking's already poor net result.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(169)</p></td><td><p>Whereas EDF's pension bill amounted to FRF 12,2 billion in 1997, assuming no change in legislation, the pension bill for the entire scheme (including GDF and non-nationalised undertakings) was expected to grow significantly in the following years to reach FRF 20 billion in 2010 and FRF 25 billion in 2020<a>&#160;(<span>34</span>)</a>. By applying an allocation key of 78,4 % for EDF, reflecting the weight of its wage bill in the industrial sector covered by the scheme, EDF's share would have been FRF 15,7 billion in 2010 and FRF 19,6 billion in 2020, without taking account of any provision made for future commitments, assuming no change in legislation<a>&#160;(<span>35</span>)</a>. The expected increase in pension costs was therefore bigger than net earnings, after remuneration of the state and tax, foreseen for the period 1997-2000, as illustrated in Table 1. Therefore, any appraisal by a prudent private investor in a market economy in 1997 with, like the French state, a thorough knowledge of the situation of the undertaking, would have led the investor to accentuate the future liabilities of the undertaking and to downplay accordingly the profitability prospects of the investment.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(170)</p></td><td><p>In addition, the prudent private investor could expect a considerable reduction in EDF's debt, which was set to fall from FRF [&#8230;] to FRF [&#8230;] over four years (recitals 91 and 95). However, it has been shown that between 1992 and 1996 EDF kept its Aaa credit rating by the credit rating agency Moody's with a debt ratio of 480 %. The French authorities also refer rather vaguely to the generation of resources of FRF 70 billion by EDF for the period 1997 to 2000 (recital 84). However, EDF's debt reduction and its automatic effect on the undertaking's net asset value was not to result in improved remuneration of the French state during the same period, but rather in a marked deterioration compared with the period between 1991 and 1996 (recital 134).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(171)</p></td><td><p>As indicated by EDF, despite a deterioration in the rating assigned to EDF by credit rating agencies such as Moody's or Standard &amp; Poor's, EDF still retained an excellent rating (recital 71). Moreover, one the objectives set between 1997 and 2000 was to reduce EDF's indebtedness to FRF [&#8230;]. A substantial reduction in the total interest charges incurred by EDF was therefore expected to follow. Consequently, neither the reduction in EDF's total debt nor its cost, nor any advantages arising for the state as shareholder would have been compromised by a lesser contribution to capital of FRF 44,8 billion instead of FRF 50,7 billion. A debt-to-equity ratio of 163 % instead of the 148 % foreseen as a result of the tax exemption would not have been detrimental to the interests of the shareholder. In this area, there is no optimal financial structure, and the report of the National Assembly (recital 100) shows ratios in the sector ranging from 250 % (Verbund, Austria) to 10-15 % (Veba, Germany and PowerGen, UK).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(172)</p></td><td><p>Indebtedness enabled EDF to finance its growth and its results without additional funds from the shareholder, using the leverage effect of the debt to increase the rate of return on the funds already invested by the state. However, priority was given to debt reduction, even though EDF's credit rating was excellent before the envisaged debt reduction (recital 71). Moreover, the excellent credit rating before 1996, reflecting EDF's capacity to repay its creditors, is not incompatible with poor remuneration of the shareholder. On the contrary, the less drawn down by its shareholder, the better the credit rating of the debt instruments that EDF issued. Within the time-frame put forward in the projections submitted by the French authorities, the foreseeable reduction in the leveraging effect and, in any event, the low impact of the amount of tax on the debt ratio would have led a prudent private investor in a market economy either to reduce the profitability prospects of its investment or to not consider that the equity investment equivalent to the amount of tax was justified by the need to improve the debt situation of EDF in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(173)</p></td><td><p>Finally, a prudent private investor would likely have based its investment decision on an assessment of the undertaking's capacity to provide it with stable and adequate remuneration. In this regard, the remuneration for the state as shareholder for the period 1997-2000 described by the French authorities was well below the 6,35 % paid on French bonds during the same period. In addition, this remuneration could in practice be reduced to take account of the tax paid to the state as revenue collector (recitals 103 and 106). The remuneration of the shareholder was also considerably reduced at the very time the state was making the alleged investment. Any shareholder would have taken into account negatively the sudden and very significant reduction in the return on contributions of capital. This return was to decrease from an actual average of 9,32 % over the period 1991-1996 to 4,64 % for the period 1997-2000, which is a reduction of more than half. In terms of equity capital, the rate of return fell from an average of 14,1 % at the end of 1996 to 2,94 % in the same period (recitals 92 and 102, Tables 1 and 3).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(174)</p></td><td><p>Admittedly, a prudent private investor may accept a reduction in its current return in the expectation that the growth of the undertaking will result either in better future earnings or in an increase in the undertaking's value which is likely to generate a value-added on the sale of its asset reflecting an ownership right over the undertaking. In that regard, first, the current rate of return that could be expected in 1997 would not have been sufficient to offset the sharp reduction in the past rate of return. Secondly, analysis of the four factors with the potential to create value for the shareholder identified in recitals 164 to 173 does not support the conclusion that growth in the value of the company was foreseeable by the shareholder from the data available in the documents forwarded by the French authorities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(175)</p></td><td><p>Moreover, the available evidence does not support the conclusion that a prudent private investor acting in the place of the French state in 1997 could have counted on a capital appreciation to offset the low current rate of return paid to the state, in the light of the information available. The French authorities did not carry out any assessment of the value of EDF before and after reclassification of the provisions in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(176)</p></td><td><p>Moreover, in 1997, EDF had, for more than fifty years, been a public industrial and commercial establishment and not a public limited company. Under Article 16 of Act No 46-628, its capital belonged to the French nation and could not be alienated (recital 18). Furthermore, it should be pointed out that, even after the restructuring of EDF's balance sheet under Act No 97-1026, in 1997 EDF's total net debt of FRF 118 billion far exceeded the value of its equity capital, which stood at FRF 79,8 billion (recital 101, Table 2).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(177)</p></td><td><p>None of the documents shedding light on the alleged investment decision of the French authorities records a plan for a possible privatisation of EDF through the sale of all or part of the capital held by the state. This would have required the prior adoption of the status of public limited company and the abandonment of the status of publicly owned industrial and commercial establishment. On the contrary, the only reference to the status of EDF contained in those documents was the reaffirmation by the state of its intention to maintain the specific status of EDF &#8216;which should remain a stable point of reference for future developments&#8217; within the internal market for electricity (recital 95). It is on the basis of this information that France claims the investment decision was taken. These facts must therefore remain the reference framework for analysis of the alleged decision.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(178)</p></td><td><p>Accordingly, it would not have been reasonable or wise for an investor to expect a capital gain which depended on the action by the legislature contrary to both the provisions of law adopted by the French authorities in 1946 and applied unfailingly and the express intention of the state, affirmed by the Minister responsible for state holdings at the material time in 1997, to maintain the specific legal status of EDF in a liberalised internal market for energy at EU level. The assumptions underpinning EDF's conclusions as to the return on investment that a prudent private investor would have expected, based on the initial and future value of EDF's shares in 1997 (recitals 69 and 70), do not take account of the status of EDF in 1997, and are contradicted by the evidence submitted by the French authorities referring thereto.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(179)</p></td><td><p>As the French authorities emphasise, as a public industrial and commercial establishment, in 1997 EDF had no share capital, unlike, for example, a public limited company whose capital is owned by the shareholders (see recital 19), who may sell their shares at any time. Thus, in 1997 the reference investor would have had in particular to determine a number of factors or make assumptions that were necessarily open to question; namely: (i) the amount at which the state would set the share capital of a future public limited company, and in particular the inclusion or otherwise of quasi-own assets, which determines the company's capacity to provide a stable dividend; (ii) the number of shares into which this capital would be divided, bearing in mind that a greater or lesser number partially determines their attractiveness in the market; (iii) the form of any share flotation and the amount to be raised, which determines the potential level of dilution of its holding; finally (iv) when the operation would be implemented, which, owing to the poor recovery prospects offered by EDF's projected income until 2000 (recital 167), could be envisaged only in the distant future. There is nothing in the information submitted by the French authorities for the period preceding the alleged investment to suggest that these unknowns could have been cleared up in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(180)</p></td><td><p>Accordingly, any increase in the value of the right held by the state in the capital of EDF resulting from the contested capital contribution, assuming the increase was established &#8212; which is manifestly not the case &#8212; would have involved a prudent investor speculating about at least four key factors over which, unlike the legislator and the regulator, it had no influence or, in any event, no valid information available in 1997. A prudent private investor would not have ignored the virtual absence of liquidity of its investment. It follows that a prudent private investor would have taken that fact into account when deciding whether or not to invest. This lack of liquidity is likely to reduce the benefit of any increase in the value of the company.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(181)</p></td><td><p>Furthermore, as mentioned in recital 144, the test of the prudent private investor in a market economy must be based primarily on the information and evidence submitted by the Member State in a situation where the decision has already been taken, since it is the Member State that is arguing that these are the elements that the Member State has taken into account, and not others which are more hypothetical or even contradictory in relation to those submitted. However, the Court of Justice requires the application of the principle of the prudent private investor in a market economy to be based on assessments foreseeable at the time the decision was taken (paragraph 105 of the judgment of 5 June 2012). Thus, the French authorities claimed in 1997 that the status of EDF, which did not allow the creation and disposal of EDF shares, would be maintained as a stable point of reference, including in the liberalised European market (recital 95). Adopting assumptions which contradict the assertion of the French authorities amounts to placing the test in a situation which is not as close as possible to that of the Member State, contrary to what the case-law requires (recital 126).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(182)</p></td><td><p>However, even assuming for the purposes of the analysis that a prudent private investor could have taken into account a future increase in the value of its investment at an uncertain date in addition to the regular returns offered, in deciding on the alleged investment the investor would have borne in mind the capacity of the undertaking to generate dividends over the long term, thereby following the time horizon of the French state, which had been controlling EDF since 1946. In estimating the value of its ownership interest in EDF, the prudent private investor would have disregarded the book value of the undertaking's net assets, even if it was counting on the debt reduction and generation of resources underlined by the French authorities (recital 84). The value of the assets, the amounts of investment or debt reduction do not necessarily coincide with the real economic value with a view to fixing a transaction price. One should therefore not focus on the fact that full repayment of EDF's debts in 1997 would have required amounts far exceeding the equity capital of EDF (recital 177). In the long term, an undertaking's value is a function of its capacity to generate value for its shareholders in the form of dividends or capital appreciation rather than in terms of the book value of its assets.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(183)</p></td><td><p>Among the various methods used in finance to estimate the opportunity cost or the rate of return required of an ownership interest transferable against consideration in the capital of an undertaking, the most common is that of the capital asset pricing model (CAPM)<a>&#160;(<span>36</span>)</a>. As shown in Table 5, application of the CAPM model to an investment in the capital of EDF in 1997 gives a target value for the required rate of return of approximately 12 %, and as high as 13,4 %, for a liquid asset such as an EDF share. However, this target value must be seen as a minimum. It presupposes not only that an ownership right in EDF such as a share is possible and transferable but also that there is a liquid market, whereas the state held 100 % of the capital and EDF could not issue shares. A premium of between 0,5 and 1,5 %<a>&#160;(<span>37</span>)</a> must be added to the required rate of return on a liquid asset to reflect the great uncertainty resulting from the factors examined in recitals 179 and 180 as regards the liquidity of the EDF securities that a prudent private investor could entertain in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(184)</p></td><td><p>In any event, the validity of the order of magnitude of 12 %, excluding a liquidity premium, is close to, although lower than, the current rate of return on equity capital of 14 % used by EDF to remunerate the French state between 1991 and 1996 (recital 102, Table 3). The actual rate of return obtained is normally the starting point for the expected rate of return in the future. The validity of this order of magnitude of 12 % is also corroborated by the use of other parameters based on figures available at the time, including those used in the study carried out for EDF referred to in recital 70, which gives a target value in a range of between 11,9 % and 13,5 %, with an average of 12,7 %. Since the results of the analysis do not change when a liquidity premium is added to the target rate of return of around 12 %, or when the 14 % actual rate of return in the recent past is applied from 1997, it is not necessary to take this premium and the actual rate of return into account.</p><p><span>Table 5</span></p><p><span>Target rate of return required for an investment in EDF shares in 1997: calculation values</span></p><table><col/><col/><col/><tbody><tr><td><p>Parameter</p></td><td><p>Value</p></td><td><p>Source</p></td></tr><tr><td><p>Risk-free rate</p></td><td><p>6,35 &#8212; 5,58</p></td><td><p>Annual average in 1997 of the daily rate of the 30-year and 10-year French bellwether bond, source Bank of France: Reference rate treasury bills and fungible government bonds, http://www.banque-france.fr/economie-et-statistiques/changes-et-taux)</p></td></tr><tr><td><p>Beta of EDF (leveraged)</p></td><td><p>0,45 &#8212; 0,54 &#8212; 0,62</p></td><td><p>1. Beta of EDF &#8212; Vernimmen et al. op cit., graph p.&#160;427. 2. and 3. Oxera Study, Table 3.8, Beta of EU companies in the sector.</p></td></tr><tr><td><p>Indebtedness (%)</p></td><td><p>60</p></td><td><p>Capital structure of EDF after 1997 restructuring</p></td></tr><tr><td><p>B of EDF (deleveraged)</p></td><td><p>0,84 &#8212; 0,89 &#8212; 1,36</p></td><td><p>1. and 2. Commission calculation. 3. Oxera Study, Table 3.8</p></td></tr><tr><td><p>Market risk premium</p></td><td><p>6,3 &#8212; 7,3</p></td><td><p>1. Vernimmen op cit. p.&#160;423, citing Mehra Prescott 2/2003 T.2 FR 1973-98. 2. Forward risk premium in France on average 1988-1996 (this premium was 10,1 % in 1996). &#8216;An examination of Equity Risk Premium Forecasts in the G-6 Countries&#8217;, Khorana, Moyer &amp; Pattel, I/B/E/S Working Paper, August 1997, p 25.</p></td></tr><tr><td><p>Target return range</p></td><td><p>11,7 &#8212; 12,1 &#8212; 13,4</p></td><td><p>Commission calculation</p></td></tr><tr><td><p>Median return</p></td><td><p>12</p></td><td><p>Commission calculation</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(185)</p></td><td><p>In making its investment decision in 1997, a prudent private investor in a situation as close as possible to that of the French authorities would have used the regular estimates of EDF's future earnings validated by the competent authorities and used as a financial scenario, as contained in the EDF's projected income statement 1997-2000 (recitals 90-92, Table 1, recital 97). The tax exemption represented 11 % of the FRF 53,3 billion of EDF's capital and capital contributions in 1997, after the restructuring of the balance sheet. It can therefore be assumed that the investment conferred a right to receive 11 % of the dividends (remuneration of the capital contributions as estimated in Tables 1 and 4) and of the value of EDF. In order to determine this value, a model for calculating the long-term value of an undertaking should be applied, i.e. the dividend discount model (DDM)<a>&#160;(<span>38</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(186)</p></td><td><p>The results of the DDM analysis of an investment of FRF 5,88 billion based on the dividends foreseen in EDF's projected income statement 1997-2000 (remuneration for capital contributions and additional remuneration in Table 1) are presented in Table 6, noting the internal rate of return (IRR) of financial flows and the net present value (NPV) for the target rates of return of 12 %, 6,35 % and 5,58 %<a>&#160;(<span>39</span>)</a>. These results are calculated for a baseline scenario based on standard analysis practice (Table 6.1), with three less plausible sensitivity analyses which loosen the assumptions of the baseline scenario and thus simulate a higher rate of return for the shareholder than the reference scenario (Tables 6.2, 6.3 and 6.4).</p><p><span>Table 6</span></p><p><span>Estimate of the return (NPV) on an investment of FRF 5,88 billion using the MDD model based on the projected income statement of EDF 1997-2000 (Table&#160;1) (billion FRF)</span></p><p>6.1.&#160;&#160;&#160;Baseline scenario (Growth of dividends foreseen for end of period 1999-2000)</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>1.1.1997</p></td><td><p>31.12.1997</p></td><td><p>31.12.1998</p></td><td><p>31.12.1999</p></td><td><p>31.12.2000</p></td><td><p>31.12.2000</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Investment</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>DDM value</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#8211; 5,88</p></td><td><p>0,23</p></td><td><p>0,28</p></td><td><p>0,26</p></td><td><p>0,26</p></td><td><p>2,21</p></td></tr><tr><td><p>NPV at 12 %</p></td><td><p>&#8211; 3.43</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NPV at 6,35 %</p></td><td><p>&#8211; 3.17</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NPV at 5,58 %</p></td><td><p>&#8211; 3.12</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>IRR</p></td><td><p>&#8211; 13 %</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NB: The table reads as follows: For financial flows between 1.1.1997 and 31.12.2000, the NPV with a discount rate of 12 % is FRF &#8211; 3,43 billion (&#8230;) and the IRR is &#8211; 3 %</p></td></tr></tbody></table><p><br/></p><p>6.2.&#160;&#160;&#160;Sensitivity 1 (&#599; dividends&#160;= 4,51 % annual rate 1997/2000)</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>1.1.1997</p></td><td><p>31.12.1997</p></td><td><p>31.12.1998</p></td><td><p>31.12.1999</p></td><td><p>31.12.2000</p></td><td><p>31.12.2000</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Investment</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>DDM value</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#8211; 5,88</p></td><td><p>0,23</p></td><td><p>0,28</p></td><td><p>0,26</p></td><td><p>0,26</p></td><td><p>3,69</p></td></tr><tr><td><p>NPV at 12 %</p></td><td><p>&#8211; 2,68</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NPV at 6,35 %</p></td><td><p>&#8211; 2,14</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NPV at 5,58 %</p></td><td><p>&#8211; 2,05</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>IRR</p></td><td><p>&#8211; 4,7 %</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr></tbody></table><p><br/></p><p>6.3.&#160;&#160;&#160;Sensitivity 2 (Base scenario&#160;+&#160;additional 11 % quasi-equity capital)</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>1.1.1997</p></td><td><p>31.12.1997</p></td><td><p>31.12.1998</p></td><td><p>31.12.1999</p></td><td><p>31.12.2000</p></td><td><p>31.12.2000</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Investment</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>DDM value</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#8211; 5,88</p></td><td><p>0,23</p></td><td><p>0,28</p></td><td><p>0,26</p></td><td><p>0,26</p></td><td><p>4,93</p></td></tr><tr><td><p>NPV at 12 %</p></td><td><p>&#8211; 2,06</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NPV at 6,35 %</p></td><td><p>&#8211; 1,29</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NPV at 5,58 %</p></td><td><p>&#8211; 1,16</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>IRR</p></td><td><p>0,3 %</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr></tbody></table><p><br/></p><p>6.4.&#160;&#160;&#160;Sensitivity 3 (Sensitivity 1&#160;+&#160;additional 11 % quasi-equity capital)</p><table><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>1.1.1997</p></td><td><p>31.12.1997</p></td><td><p>31.12.1998</p></td><td><p>31.12.1999</p></td><td><p>31.12.2000</p></td><td><p>31.12.2000</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Investment</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>Dividend</p></td><td><p>DDM value</p></td></tr><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#8211; 5,88</p></td><td><p>0,23</p></td><td><p>0,28</p></td><td><p>0,26</p></td><td><p>0,26</p></td><td><p>6,41</p></td></tr><tr><td><p>NPV at 12 %</p></td><td><p>&#8211; 1,30</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NPV at 6,35 %</p></td><td><p>&#8211; 0,26</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>NPV at 5,58 %</p></td><td><p>&#8211; 0,08</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr><tr><td><p>IRR</p></td><td><p>5,2 %</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>&#160;</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(187)</p></td><td><p>The estimates from Table 6 show that, if the amount of FRF 5,88 billion allegedly invested had conferred entitlement to a proportional percentage of the dividends and the value of EDF, the operation would have produced a large negative net present value (FRF &#8211; 3,43 billion). In order for the investment to be financially advantageous for a private market economy investor, on the most widely used assumption (Table 6.1), it would have been necessary for the prudent private investor to be satisfied by a rate of return well below an opportunity cost of capital of 12 % for an investment in liquid EDF shares, and indeed also below the rate paid on French Government bonds with maturities of 30 years (6,35 %) and 10 years (5,58 %) in 1997. Clearly, a prudent private investor would not have made the investment in those circumstances.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(188)</p></td><td><p>These conclusions do not change qualitatively if, as sensitivity test, other assumptions are used which, although less plausible, value the alleged investment more (Tables 6.2 to 6.4)<a>&#160;(<span>40</span>)</a>. In any event, the rate of return provided is below 12 %, and indeed also even lower than the return on French Government 30-year and 10-year bonds in 1997. Finally, examination of other variables available in EDF's projected operating results, such as the revenue estimates, core business income or the net income (recitals 166 to 168) would not have allowed the prudent private investor to expect a complete trend reversal leading to a better return or the creation of value for the state as shareholder down the line. These developments, which were foreseeable and foreseen in 1997, further corroborate the conclusions and their extension to the period after 2000, as foreseeable by a prudent private investor in 1997 on the basis of the information supplied by the French authorities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(189)</p></td><td><p>Even supposing that the prudent private investor would have expected a capital gain in addition to a regular return from EDF, which nothing in the information and data sent by the French authorities indicates, and which moreover would be too risky to expect having regard to the status of EDF in 1997, it can be ruled out that it would have made the alleged investment. Accordingly, the application of the test of the prudent private investor in a market economy shows that, even if the tax exemption of FRF 5,88 billion was in fact an investment decision on the part of the state as shareholder, the operation would not have been carried out by a prudent private investor in possession of the information put forward by the French authorities.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(190)</p></td><td><p>In this connection, the comments by EDF reproduced in recital 71, according to which the tax exemption had no detrimental effect on competition and did not provide an advantage since EDF could in any event have found equivalent financing on the capital markets, are contradicted by the facts. It is common ground that EDF could not have issued shares on the markets to obtain this amount. Even if EDF would probably have been able to find a lender, the corresponding loan or bond issue would have had to be remunerated, in all likelihood, at a higher rate than the rate that the French state anticipated for capital contributions to EDF for the period 1997-2000 and higher than the refinancing cost equivalent to the government bonds in 1997. If EDF could have had an equivalent amount in principal, the financing costs would have been greater than that of the alleged investment. Even then, without taking into account a repayment of principal, which EDF was not required to make, in the amount of the tax exemption or the equivalent amount in capital contributions in 1997, the measure would have provided an economic advantage to EDF by reducing its financing costs.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(191)</p></td><td><p>Even if the principle of the prudent private investor in a market economy were applicable, in the light of the documents provided by the French authorities shedding light, according to them, on the profit expectations and risks attached to the alleged investment in the form of a tax exemption, application of the test of the private investor in a market economy leads to the conclusion that a prudent private investor would not have invested an amount equal to the tax due in the EDF capital increase in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(192)</p></td><td><p>The non-payment by EDF of FRF 5,88 billion in corporation tax does not appear to be a productive investment by the state as shareholder in application of the principle of the prudent private investor in a market economy. It appears rather to be an ad hoc derogating tax exemption that provided an economic advantage to EDF equal to the amount of tax not paid. Such an advantage necessarily strengthens the position of EDF vis-&#224;-vis its competitors, since the amount of equity capital determines, among other factors, the external financing capacity and conditions of an undertaking while, moreover, the resources saved in this way could be used for other purposes such as, for example, investment in France or in other Member States where competitors conducted their business in 1997.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(193)</p></td><td><p>The economic advantage therefore distorts competition within the meaning of Article 107(1) of the TFEU. The advantage is selective, since the non-payment of corporation tax on some of the accounting provisions constitutes an exception to the tax treatment normally applicable to such an operation and, in the present case, this exception was applied only to EDF.</p></td></tr></tbody></table> 9.2. STATE RESOURCES <table><col/><col/><tbody><tr><td><p>(194)</p></td><td><p>The concept of aid embraces not only positive benefits, such as subsidies, but also interventions by the public authorities which mitigate the charges that are normally included in the budget of an undertaking and which have the same effect as subsidies<a>&#160;(<span>41</span>)</a>. The EU Courts have consistently held<a>&#160;(<span>42</span>)</a> that the non-collection by the state of a tax which should normally have been collected is equivalent to the consumption of state resources.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(195)</p></td><td><p>The non-collection of the full amount of corporation tax due in respect of the 1997 financial year derived directly from a measure adopted by the state, namely Act No&#160;97-1026 of 10 November 1997.</p></td></tr></tbody></table> 9.3. DISTORTION OF COMPETITION AND EFFECT ON TRADE BETWEEN MEMBER STATES <table><col/><col/><tbody><tr><td><p>(196)</p></td><td><p>From its creation in 1946 to the entry into force of Directive 96/92/EC, EDF enjoyed a monopoly position in the French market with exclusive rights for the transmission, distribution, and import and export of electricity. However, EDF competed with other producers in other Member States already ahead of the entry into force of Directive 96/92/EC. Moreover, free competition existed in related markets not subject to exclusive rights where EDF had already diversified its activities beyond its exclusive rights in both geographic and sectoral terms. Effects on competition did therefore exist well before the liberalisation provided for by Directive 96/92/EC.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(197)</p></td><td><p>Electricity was the subject of significant, growing trade between Member States in which EDF was actively engaged. These exchanges, reinforced by the adoption of Council Directive 90/547/EEC<a>&#160;(<span>43</span>)</a>, were taking place on the basis of commercial agreements between the various operators of the high-voltage electricity networks in the Member States. In the European OECD member countries, electricity imports grew at an average annual rate of over 7 % between 1980 and 1990. Between 1981 and 1989, EDF multiplied the surplus on its balance of trade in electricity nine fold, achieving net exports of 42 TWh, representing 10 % of its total production. In 1985, EDF already exported 19 TWh to other Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(198)</p></td><td><p>Even before Directive 96/92/EC entered into force in February 1999, some Member States acted unilaterally to open up their electricity market. In particular, the United Kingdom opened up its market completely for large industrial customers in 1990. Sweden opened up its market completely in 1996, Finland began the process in 1995 and reached 100 % market opening in 1997, Germany completely opened up its market in 1998 and the Netherlands opened up its market completely for industrial customers in 1998. In those circumstances, even before the deadline set by the Directive for opening up the market to competition, State aid granted to enterprises enjoying a monopoly in a Member State that took an active part in intra-Union trade, as in the case of EDF, was likely to affect trade between Member States within the meaning of Article 107(1) of the Treaty.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(199)</p></td><td><p>In its annual report for 1997, EDF stated that it ranked &#8216;among the world's leading operators in the electricity industry, with, outside France, more than FRF 13 billion invested, a total installed production capacity equal to nearly 11 % of the figure for France and over 8 million customers&#8217;. The report also stressed that in 1997 EDF had &#8216;increased the number and size of its investments in Europe by extending its presence to Austria and Poland&#8217; and had &#8216;exported over 70 TWh in Europe&#8217;. These exports were delivered in competition with alternative suppliers in the markets concerned.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(200)</p></td><td><p>The 1997-2000 management contract, signed on 8 April 1997 between the French state and EDF, stipulated that EDF was to allocate some FRF 12-13 billion to its international investments, assigning priority to regions in Europe. Between 2000 and 2002, EDF acquired one third of the capital of the German company EnBW, increased the production and distribution capacities of its United Kingdom subsidiary London Electricity, took direct control of the Italian enterprise Fenice and set up a partnership with Fiat for the purchase of Montedison (now Edison).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(201)</p></td><td><p>In 1997, SDS, a wholly owned subsidiary of EDF, brought together its activities associated with the provision of services to individual customers, businesses and local authorities. SDS was active in waste treatment, street lighting and other energy-related services and generated turnover equivalent of EUR 685 million in 1998 as against EUR 650 million in 1997. In 2000, EDF established a partnership with Veolia Environnement via the company Dalkia, the European leader in energy services to businesses and local authorities. Dalkia offers energy engineering and maintenance services, manages heating plants and technical services to do with the operation of buildings and operates district heating networks, combined heat and power schemes, and energy production and industrial fluid systems.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(202)</p></td><td><p>EDF has also developed its activities in the market for renewable energy sources. In 1997, the holding company Chart, a wholly owned EDF subsidiary, brought together its activities in the renewables sector, e.g. geothermal energy and wind power. Its contribution to consolidated turnover that year was EUR 70 million.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(203)</p></td><td><p>Lastly, as an electricity producer and distributor, EDF was and still is in competition with suppliers of other substitute energy sources such as coal, oil and gas, both in its domestic market and in international markets. In France, for example, EDF has launched a successful campaign to promote the use of electricity for heating. It has thus increased its market share in comparison with its competitors who supply substitute energy sources such as oil or gas. In the steel industry, electric furnaces are in competition with gas and oil-fired furnaces. It follows that a measure such as the one at issue is liable to distort competition with alternative suppliers, such as Gaz de France.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(204)</p></td><td><p>EDF thus occupied a prominent position in electricity trading between the Member States in 1997, whereas now the French electricity market is fully open and many European suppliers are present. It is therefore clear that, in 1997, EDF was already well established in certain markets in other Member States and that the aid resulting from the non-payment by EDF of corporation tax on some of the accounting provisions created free of tax for the renewal of the RAG inevitably affected competition between Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(205)</p></td><td><p>The above considerations were detailed in the extension decision. Neither France nor EDF disputed in their comments that the aid was likely to affect trade between Member States.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(206)</p></td><td><p>Thus, since the four criteria set out in Article 107(1) TFEU are fulfilled, the non-payment by EDF of corporation tax on some of the accounting provisions created free of tax for the renewal of the high-voltage transmission network constitutes State aid. The compatibility of the aid with the internal market must now be assessed.</p></td></tr></tbody></table> 10. ASSESSMENT OF THE COMPATIBILITY OF THE AID WITH THE INTERNAL MARKET <table><col/><col/><tbody><tr><td><p>(207)</p></td><td><p>Article 107(1) of the TFEU provides that aid fulfilling the criteria laid down therein is in principle incompatible with the internal market. According to settled case-law, it is for the Member State to cite the reasons and evidence of any kind for which State aid is compatible with the internal market<a>&#160;(<span>44</span>)</a>. In the present case, the French Republic has cited no reason nor provided any information in this regard.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(208)</p></td><td><p>The exceptions laid down in Article 107(2) of the TFEU are not applicable in the case in point because of the nature of the aid since it does not pursue the objectives listed in that paragraph.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(209)</p></td><td><p>Nor does the aid in question fulfil the conditions laid down for exceptions in Article 107(3)(a) and (c) of the TFEU in respect of aid intended to promote the economic development of certain regions, particularly since it corresponds to operating aid. It is not conditional on investments or on job creation as envisaged in the Guidelines on regional State aid<a>&#160;(<span>45</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(210)</p></td><td><p>Article 107(3)(c) of the TFEU also allows an exception to be made for aid to facilitate the development of certain economic activities, where such aid does not adversely affect trading conditions to an extent contrary to the common interest. The aid measure under examination does not qualify for this exception. The derogation from the applicable tax law, granted for the benefit of a single enterprise, cannot be regarded as being intended to facilitate the development of an activity. Its sole purpose is to assist an enterprise by reducing its operating costs.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(211)</p></td><td><p>As regards the exceptions allowed by Article 107(3)(b) and (d) of the TFEU, the aid measure under examination is not intended to promote the execution of a project of common interest, remedy a serious disturbance in the French economy or promote culture and heritage conservation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(212)</p></td><td><p>The compatibility criteria set out in Article 107(2) and (3) of the TFEU are therefore not met. Furthermore, as regards compensation for public service costs, the French authorities have not cited Article 106(2) of the TFEU in defence of the tax concession, but they have stressed the fact that EDF performs public service tasks. They have not, however, provided any assessment of the cost incurred by EDF in carrying out those tasks. The Commission cannot therefore determine whether or not the tax concession in question compensates for any additional cost linked to the public service tasks entrusted to it. In any event, if the non-payment of the tax must be qualified as compensation for the provision of a service of general economic interest, it has not been established that such compensation was determined in advance in accordance with transparent and objective criteria and calculated by reference to the costs of an efficient undertaking.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(213)</p></td><td><p>It is consequently not possible in the case in point to examine whether the conditions set out in the judgment in<span>Altmark</span><a>&#160;(<span>46</span>)</a> for escaping the application of Article 107(1) of the TFEU, and the criteria for qualifying for the exception allowed by Article 106(2) of the TFEU, which, moreover, the French authorities do not cite, are fulfilled.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(214)</p></td><td><p>In the light of the foregoing considerations, it appears that the aid under examination constitutes operating aid which has had the effect of strengthening EDF's competitive position in relation to its competitors. In those circumstances, it would be incompatible with the internal market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(215)</p></td><td><p>The Commission also considers that, contrary to what is claimed by the French authorities, the rule on limitation periods does not apply in the case in point. Admittedly, EDF created the accounting provisions free of tax between 1987 and 1996. However, it should be pointed out, firstly, that corrections to accounting errors, which by their very nature relate to the posting of past transactions, should according to the National Accountancy Council be posted in the accounts for the financial year in which they are discovered and, secondly, that the Act providing that the grantor rights were to be reclassified as capital contributions without being subject to corporation tax dates from 10 November 1997. The tax concession therefore dates from 1997 and any new aid paid on that date is therefore not time-barred because the first Commission instrument concerning this measure dates from 10 July 2001. Furthermore, under Article 15 of Regulation (EC) No 659/1999, legal proceedings suspend the period of limitation.</p></td></tr></tbody></table> 11. CONCLUSIONS <table><col/><col/><tbody><tr><td><p>(216)</p></td><td><p>The Commission finds that France has unlawfully implemented the aid in question in breach of Article 108(3) of the TFEU. The Commission considers that the exemption from corporation tax in the amount of FRF 5&#160;882&#160;849&#160;762 relating to the reclassification as a capital contribution, provided for by Act No 97-1026, of accounting provisions for the renewal of the high-voltage transmission network, already implemented to the tune of FRF 14&#160;119&#160;065&#160;335, constitutes aid that is illegal and incompatible with the internal market.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(217)</p></td><td><p>Under Article 108(2) of the TFEU, when the Commission has found that aid is incompatible with the internal market, it is competent to oblige the Member State concerned to abolish or alter it. According to Article 14 of Regulation (EC) No 659/1999 &#8216;where negative decisions are taken in cases of unlawful aid, the Commission shall decide that the Member State concerned shall take all necessary measures to recover the aid from the beneficiary (hereinafter referred to as a &#8220;recovery decision&#8221;). The Commission shall not require recovery of the aid if this would be contrary to a general principle of Community law&#8217;.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(218)</p></td><td><p>The Commission's objective in requiring the Member State concerned to recover the aid incompatible with the internal market is to restore the previously existing situation<a>&#160;(<span>47</span>)</a>. In this context, the Court of Justice has established that that objective is attained once the recipient has repaid the amounts granted by way of unlawful aid, thus forfeiting the advantage it enjoyed over its competitors. In this way, the situation prior to payment of the aid is restored<a>&#160;(<span>48</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(219)</p></td><td><p>In the present case, it appears that no general principle of EU law would run counter to the recovery of the unlawful aid found to exist. In particular, neither France nor the interested parties presented any arguments to that effect.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(220)</p></td><td><p>It follows that France must take all necessary measures to recover from EDF the aid unlawfully paid in the form of exemption from corporation tax in the amount of FRF 5&#160;882&#160;849&#160;762 relating to the reclassification of part of the provisions to the tune of FRF 14&#160;119&#160;065&#160;335 as capital.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(221)</p></td><td><p>For the purposes of recovery, the French authorities must also add to the amount of the aid the recovery interest due from the date on which the incompatible aid was made available to the undertaking, i.e. the date on which the corporation tax in respect of tax year 1997 became payable, until it is actually recovered<a>&#160;(<span>49</span>)</a>, in accordance with Chapter V of Commission Regulation (EC) No 794/2004<a>&#160;(<span>50</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(222)</p></td><td><p>In the context of France's obligation of loyal cooperation within the framework of the recovery procedure, this amount will have to be established more precisely during the procedure, on the basis of information to be supplied by the French authorities, and which will take account, inter alia, of the exchange rates between the ECU/EUR and the French franc (FRF) that may apply to the instalments of corporation tax paid by EDF during 1997 and of the reimbursement to EDF of the aid following the annulment of the first negative decision in 2009. In the present case, interest is not due for the period during which the aid was no longer at the disposal of the undertaking, namely the period between the actual recovery of the aid by France and the repayment to EDF. Any interest paid by France to EDF will nevertheless have to be taken into account.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(223)</p></td><td><p>The French authorities must recover the above amount within four months from the date of notification of this Decision.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(224)</p></td><td><p>In accordance with settled case-law, in the event that a Member State encounters unforeseen and unforeseeable difficulties or perceives consequences overlooked by the Commission, it may submit those problems for consideration by the Commission, together with proposals for suitable amendments. In such a case, the Commission and the Member State concerned must work together in good faith with a view to overcoming the difficulties while fully observing the provisions<a>&#160;(<span>51</span>)</a> of the TFEU.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(225)</p></td><td><p>The Commission therefore requests France to submit to it without delay any problems with which it would be faced in implementing this Decision,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 1. The exemption from corporation tax in favour of Électricité de France for an amount of 5 882 849 762 French francs, relating to the reclassification as capital of the provisions corresponding to the value of the assets in kind allocated under concession to the high-voltage transmission network, constitutes State aid within the meaning of Article 107(1) of the TFEU. 2. The aid mentioned in paragraph 1, unlawfully granted by the French Republic, is incompatible with the internal market. Article 2 1. The French Republic is required to recover from the beneficiary the equivalent in euro of the aid referred to in Article 1. 2. The sums to be recovered shall bear interest from the date on which they were placed at the disposal of the beneficiary until that of their actual recovery. 3. The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004. Article 3 1. Recovery of the aid referred to in Article 1 shall be immediate and effective. 2. The French Republic shall ensure that this Decision is implemented within four months of the date of its notification. Article 4 1. Within two months of notification of this Decision, the French Republic shall provide the following information to the Commission: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the total amount (principal and interest) to be recovered from the beneficiary;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>a detailed description of the measures already taken and planned to comply with this Decision; and</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>the documents proving that the beneficiary has been ordered to repay the aid.</p></td></tr></tbody></table> 2. The French Republic shall keep the Commission informed of the progress of the national measures adopted pursuant to this Decision until the recovery of the aid specified in Article 1 has been concluded. At the Commission's request, it shall immediately submit information on the measures already adopted and planned for the purpose of complying with this Decision. It shall also provide detailed information on the amounts of aid and the interest already recovered from the beneficiary. Article 5 This Decision is addressed to the French Republic. Done at Brussels, 22 July 2015. For the Commission Margrethe VESTAGER Member of the Commission <note> ( 1 ) With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the Treaty on the Functioning of the European Union (‘TFEU’). The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty, where appropriate. The TFEU also introduced certain changes in terminology, such as the replacement of ‘Community’ by ‘Union’, ‘common market’ by ‘internal market’ and ‘Court of First Instance’ by ‘General Court’. The terminology of the TFEU is used throughout this Decision. ( 2 ) OJ C 280, 16.11.2002, p. 8 . ( 3 ) OJ L 49, 22.2.2005, p. 9 . ( 4 ) Judgment of the General Court in Case T-156/04 EDF v Commission [2009] ECR II-4503. ( 5 ) Judgment in Commission v EDF C-124/10 P, EU:C:2012:318. ( 6 ) OJ C 186, 28.6.2013, p. 73 . ( 7 ) Reply by the French authorities dated 23 December 2013, points 71 and 72. ( 8 ) Rapport particulier sur les concessions d'EDF No 1993, 10 October 1994. ( 9 ) Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity ( OJ L 27, 30.1.1997, p. 20 ). ( 10 ) 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 ( OJ L 83, 27.3.1999, p. 1 ). ( 11 ) Judgment in Commission v EDF , C-124/10 P, EU:C:2012:318, paragraph 84. ( 12 ) Does the 1997 recapitalisation of EDF by the French State meet the private investor test ? Final Report of 15 October 2013. ( 13 ) 1997-2000 State-EDF contract for services, signed on 8 April 1997. ( 14 ) Letter of 12 July 1996 from the Minister for Economic and Financial Affairs and the Minister for Industry, Posts and Telecommunications to the Chairman of EDF, letter of 22 April 1997 from the Minister for Economic and Financial Affairs, the Deputy Minister for the Budget and the Minister for Industry, Posts and Telecommunications to the Chairman of EDF. ( 15 ) Letter dated 19 February 1997 from EDF's finance director to the Head of Financing and Holdings at the Treasury Department; EDF memo dated 27 July 1996 on the shareholder's remuneration, sent to the Senate on 15 September 1997. ( 16 ) Explanatory memorandum to Article 45 of the draft law laying down various economic and financial rules, adopted by the Council of Ministers on 5 April 1997; report by the National Assembly's Committee on Finance, the General Economy and the Plan, submitted by Member of the National Assembly Didier Migaud on 10 September 1997, on draft law No 201 on urgent tax and financial measures; report by Member of the Senate Alain Lambert on the draft law on urgent tax and financial measures submitted on 24 September 1997; speech by the Minister for Economic Affairs, Finance and Industry presenting the draft law on urgent tax and financial measures to the Senate on 2 October 1997. ( 17 ) Business secret.. ( 18 ) The contract refers to Directive 96/92/EC. This Directive, like those which have succeeded it, did not contain any rules on the legal form to be taken by companies generating, transmitting or distributing electricity in the internal market. ( 19 ) The changes to retained income are not a direct effect of Article 4, but a logical consequence. ( 20 ) The profitability for the State as shareholder is explained by the low capital contribution base of FRF 36 billion (denominator) and the size of the accounting provisions. Until 1996, once they had been entered into the accounts, EDF ended up with a negative annual net income. The loss carried over from the income statement was reflected in the balance sheet as depleting the own funds set at FRF 24,2 billion (see Table 2, ‘End 1996’ column, showing how EDF's own funds were slashed by negative retained income of FRF 20,2 billion before the amendment introduced by Article 4 of Act No 97-1026). As tax was not levied on negative income, the high profitability for the State as shareholder was at the expense of the State as revenue collector. ( 21 ) Judgment in Commission v EDF , C-124/10 P, EU:C:2012:318, paragraph 82. ( 22 ) Judgment in Commission v EDF , C-124/10 P, EU:C:2012:318, paragraph 83. ( 23 ) Judgment in Commission v EDF , C-124/10 P, EU:C:2012:318, paragraph 84. ( 24 ) Judgment in Commission v EDF , C-124/10 P, EU:C:2012:318, paragraph 104. ( 25 ) Judgment in Commission v EDF , C-124/10 P, EU:C:2012:318, paragraph 86. ( 26 ) Judgment in Commission v EDF , C-124/10 P, EU:C:2012:318, paragraph 95. ( 27 ) Oxera study, points 3.3, 3.24-3.25. ( 28 ) Oxera study, Table A2.2. ( 29 ) Oxera study, point 3.3. ( 30 ) Oxera study, points 3.3, 3.15, Table 3.2, Table 3.8 for beta coefficient and Annex 5. ( 31 ) Oxera study, points 3.5, 3.13, 3.20 to 3.23. ( 32 ) Annual average of the daily rate of the 30-year and 10-year French bellwether bond, source Bank of France: Benchmark rate of treasury bonds and fungible government bonds, http://www.banque-france.fr/economie-et-statistiques/changes-et-taux ( 33 ) The relevance of a calculation of the rate of return on the total equity tied up in the undertaking in relation only to the capital invested in the form of capital contributions is confirmed by the fact that, in the contract between the State and EDF for the period 2001-2003, the State's remuneration calculated as a percentage (37,5 %) of net income was confined within a minimum (1,5 %) and maximum (4,5 %) range of the equity base. Reply by the French authorities of 23 December 2013, point 53. ( 34 ) EDF Annual Report 1997, p. 103. ( 35 ) By Article 2 of the Decision of 16 December 2003 (C(2003) 4637 final) ( OJ L 49, 22.2.2005, p. 9 ), the Commission decided not to raise any objections to the reform of the pension scheme for the electricity and gas industries to which EDF was subject. The effect of the reform was to transfer to the general social security scheme the pension liabilities and commitments of the specific scheme for the staff of EDF and other participating companies. ( 36 ) The model estimates the target rate of return required by an investor in an undertaking's capital (k) as the result of an addition to the rate of return on a financial asset deemed to be risk free or low risk, namely, a sovereign bond in the reference financial market (r f ), a market-risk premium reflecting the higher risk of an investment in shares (K m – r f ) multiplied by a risk coefficient specific to the share of the undertaking concerned (β) which can be, preferably, that of the undertaking itself or, failing this, that of comparable undertakings used as a reference. Parameter β must be estimated for an undertaking with no debt (gearing) in order to measure the inherent risk of (the share of) the undertaking in relation to the market. The model is k = r f + β × (K m – r f ). The Commission has applied the CAPM model to estimate the required rate of return on capital investments in an undertaking, endorsed by the General Court of the European Union: T-319/12 — Sp ain v Commission , ‘ Ciudad de la Luz ’, EU:T:2014:604, paragraphs 48 to 66. For a fuller description, see Vernimmen et al. Corporate Finance John Wiley & Sons ed. 2nd edition, 2009, Chap. 22; for the findings of surveys of the frequency of use of estimation methods, see p. 460. The theoretical bases and a numerical application of the CAPM model to the present case are also contained in the study carried out by Oxera on behalf of EDF (recital 70), in particular Annex I. ( 37 ) Vernimmen et al. Corporate Finance John Wiley & Sons ed. 2nd edition, 2009, pp. 433-4. ( 38 ) The DDM model gives the value of the undertaking from the (last) dividend paid (Dt), the growth rate of the dividends (ɗD) and the target return, or opportunity cost of the capital (K), applying the formula Vr = Dt (1 + ɗD) / (K – ɗD). The MDD model is also used in the Oxera study on behalf of EDF (points 3.27-3.31, Table 3.4), but with different and sometimes highly unrealistic values. The Oxera study uses a dividend growth rate of 9,3 % per year. In a perpetuity formula such as the DDM model, dividend growth rates are associated with the growth of the undertaking. Growth rates of 9,3 %, which are well above inflation and the long-term growth rate of gross domestic product (GDP), mean that, ultimately, EDF would monopolise the entire GDP of France. ( 39 ) A negative net present value for a given interest rate (updating-financing) indicates that the investment is not viable at that interest rate. The internal rate of return (positive — IRR-) indicates the effective interest rate at which the expected financial flows remunerate an investment. ( 40 ) The assumption that the EDF dividend would increase by 4,51 % (sensitivity 1, Table 6.2) appears optimistic; it is obtained by smoothing the forecast growth rate for the four forecast years 1997-2000. Besides the fact that in usual practice the dividend growth used is the end-of-period growth (baseline scenario), in actual fact the dividends to be paid by EDF were to decrease in 1997-2000 compared with 1991-1996, and in 1999 and 2000 compared with 1998. In any event, a rate of 4,51 % in perpetuity is high in absolute terms. The assumption (sensitivity 2, Table 6.3) that the shareholder would add — or the buyer would pay for — (a pro rata) quasi-equity capital of EDF as estimated in 1997 to the objective value of EDF as calculated, does not take into account the regulatory character of certain types of equity capital (reserves). This assumption combined with the MDD model is also optimistic as it amounts to allocating to the shareholder (a pro rata of 11 %) quasi-equity capital (excluding subscribed capital) which allows the undertaking to absorb possible losses and, in the long term, to be able to provide regular dividends and remuneration for the shareholder. It presupposes that the quasi-equity capital of EDF set in 1997-2000 would be permanently available, whereas the MDD disregards sources of remuneration other than the dividend. It is therefore an unjustifiable assumption. The combination of the two assumptions (sensitivity 3, Table 6.4) magnifies their respective disadvantages or weaknesses and makes the results of the calculation even more unlikely and arbitrary. ( 41 ) Judgments in Gezamenlijke Steenkolenmijnen v High Authority , 30/59, EU:C:1961:2; judgment in Banco de Crédito Industrial C-387/92, EU:C:1994:100; judgment in SFEI , C-39/94, EU:C:1996:285; judgment in France v Commission , C-241/94, EU:C:1996:353; judgment in FFSA v Commission , T-106/95, EU:T:1997:23. ( 42 ) See in particular Ladbroke v Commission , T-67/94, EU:T:1998:7, paragraph 109. ( 43 ) Council Directive 90/547/EEC of 29 October 1990 on the transit of electricity through transmission grids ( OJ L 313, 13.11.1990, p. 30 ). ( 44 ) C-364/90 — Italy v Commission , EU:C:1993:157, paragraph 20. ( 45 ) Guidelines on regional State aid ( OJ C 209, 23.7.2013, p. 1 ). ( 46 ) C-280/00 — Altmark Trans and Regierungspräsidium Magdeburg ; EU:C:2003:415. ( 47 ) Judgment in Spain v Commission , C- 280/92, EU:C:1994:325, paragraph 75. ( 48 ) Judgment in Belgium v Commission , C-75/97, EU:C:1999:311, paragraphs 64-65. ( 49 ) See Article 14(2) of Regulation (EC) No 659/99 (cited above). ( 50 ) Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty ( OJ L 140, 30.4.2004, p. 1 ). ( 51 ) Judgment in Commission v Germany , C-94/87, EU:C:1989:46, paragraph 9, and judgment in Commission v Italy , C-348/93, EU:C:1995:95, paragraph 17. </note>
ENG
32016D0154
<table><col/><col/><col/><col/><tbody><tr><td><p>31.10.2018&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 272/23</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2018/1632 of 30 October 2018 authorising the placing on the market of bovine milk basic whey protein isolate as a novel food under Regulation (EU) 2015/2283 of the European Parliament and of the Council and amending Commission Implementing Regulation (EU) 2017/2470 (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 and Commission Regulation (EC) No 1852/2001 ( 1 ) , and in particular Article 12 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Regulation (EU) 2015/2283 provides that only novel foods authorised and included in the Union list may be placed on the market within the Union.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Pursuant to Article 8 of Regulation (EU) 2015/2283, Commission Implementing Regulation (EU) 2017/2470&#160;<a>(<span>2</span>)</a> establishing a Union list of authorised novel foods was adopted.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Pursuant to Article 12 of Regulation (EU) 2015/2283, the Commission is to decide on the authorisation and on the placing on the Union market of a novel food and on updating the Union list.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>On 22&#160;August 2016, the company Armor Prot&#233;ines S.A.S.&#160;(&#8216;the Applicant&#8217;) made a request to the competent authority of Ireland to place bovine milk&#160;basic whey protein isolate obtained from skimmed bovine milk&#160;through a series of purification steps, on the Union market as a novel food ingredient within the meaning of point (e) of Article 1(2) of Regulation (EC) No 258/97 of the European Parliament and of the Council&#160;<a>(<span>3</span>)</a>. The application seeks to have bovine milk&#160;basic whey protein isolate used in infant and follow-on formulae, in total diet replacement foods for weight control and in foods for special medical purposes, and in food supplements.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Pursuant to Article 35(1) of Regulation (EU) 2015/2283, any request for placing a novel food on the market within the Union submitted to a Member State in accordance with Article 4 of Regulation (EC) No 258/97 concerning novel foods and novel food ingredients, and for which the final decision has not been taken before 1&#160;January 2018 shall be treated as an application submitted under Regulation (EU) 2015/2283.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>While the request for placing bovine milk&#160;basic whey protein isolate on the market as a novel food within the Union was submitted to a Member State in accordance with Article 4 of Regulation (EC) No 258/97, the application also meets the requirements laid down in Regulation (EU) 2015/2283.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>On 27&#160;June 2017, the competent authority of Ireland issued its initial assessment report. In that report, it concluded that bovine milk&#160;basic whey protein isolate meets the criteria for a novel food ingredient set out in Article 3(1) of Regulation (EC) No 258/97.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>On 4&#160;July 2017, the Commission forwarded the initial assessment report to the other Member States.&#160;Reasoned objections were raised by other Member States within the 60-day period laid down in the first subparagraph of Article 6(4) of Regulation (EC) No 258/97 with regard to the safety of bovine milk&#160;basic whey protein isolate for infants, and the toxicological relevance of the results in a 6-week developmental toxicity study in juvenile rats&#160;<a>(<span>4</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>In view of the objections raised by the other Member States, the Commission consulted the European Food Safety Authority (&#8216;the Authority&#8217;) on 11&#160;December 2017, asking it to carry out an additional assessment for bovine milk&#160;basic whey protein isolate as a novel food ingredient in accordance with Regulation (EC) No 258/97.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>In a subsequent application submitted on 3&#160;January 2018, the Applicant made a request to the Commission for protection of proprietary data for a number of studies submitted in support of the application, namely two&#160;human clinical studies with a bovine milk&#160;basic whey protein isolate&#160;<a>(<span>5</span>)</a>&#160;<a>(<span>6</span>)</a>, an<span>in vitro</span> bacterial reverse mutation assay&#160;<a>(<span>7</span>)</a>, an<span>in vitro</span> mammalian cell micronucleus test&#160;<a>(<span>8</span>)</a>, a 90-day oral toxicity study in rats&#160;<a>(<span>9</span>)</a>, a 6-week developmental toxicity study in juvenile rats, and the electrophoresis analysis of bovine milk&#160;basic whey protein isolate&#160;<a>(<span>10</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>On 27&#160;June 2018, the Authority adopted &#8216;Scientific Opinion on the safety of bovine milk&#160;basic whey protein isolate as a novel food pursuant to Regulation (EU) 2015/2283&#8217;&#160;<a>(<span>11</span>)</a>. That opinion is in line with the requirements of Article 11 of Regulation (EU) 2015/2283.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>That opinion gives sufficient grounds to establish that bovine milk&#160;basic whey protein isolate, in the proposed uses and use levels when used as an ingredient in infant and follow-on formulae, in total diet replacement foods for weight control, in foods for special medical purposes, and in food supplements, complies with Article 12(1) of Regulation (EU) 2015/2283.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>In its opinion on bovine milk&#160;basic whey protein isolate, the Authority considered that the data from the 90-day oral toxicity study in rats served as a basis to establish a reference point and to assess whether the margin of exposure in relation to the proposed maximum intake of the novel food by humans is sufficient. Therefore, it is considered that the conclusions on the safety of bovine milk&#160;basic whey protein isolate could not have been reached without the data from the report of this study.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Following receipt of the Authority's opinion, the Commission requested the Applicant to further clarify the justification provided with regard to their proprietary claim over the 90-day oral toxicity in rats study report, and to clarify their claim to an exclusive right of reference to this study, as referred to in points (a) and (b) of Article&#160;26(2) of Regulation (EU) 2015/2283.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>The Applicant also declared to hold proprietary and exclusive rights of reference to the study under national law at the time the application was submitted, and that therefore third parties could not lawfully access or use this study. The Commission has assessed all the information provided by the Applicant and considers that the Applicant has sufficiently substantiated the fulfilment of the requirements laid down in Article 26(2) of Regulation (EU) 2015/2283.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Accordingly, as provided for under Article 26(2) of Regulation (EU) 2015/2283, the 90-day oral toxicity study in rats contained in the Applicant's file, and without which the novel food could not have been assessed by the Authority, should not be used by the Authority for the benefit of a subsequent applicant for a period of five years from the date of entry into force of this Regulation. As a consequence, the placing on the market within the Union of the novel food authorised by this Regulation should be restricted to the Applicant for a period of five&#160;years.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>However, restricting the authorisation of this novel food and of the reference to the 90-day oral toxicity study in rats contained in the Applicant's file for the sole use of the Applicant does not prevent other applicants from applying for an authorisation to place on the market the same novel food provided that their application is based on legally obtained information supporting the authorisation under this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>As the source of the novel food comes from milk, which is listed in Annex II to Regulation (EU) No 1169/2011 of the European Parliament and of the Council&#160;<a>(<span>12</span>)</a> as one of a number of substances or products which cause allergies or intolerances, foods and food supplements containing bovine milk&#160;basic whey protein isolate should be appropriately labelled following the requirements of Article 21 of that Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>Directive 2002/46/EC of the European Parliament and of the Council&#160;<a>(<span>13</span>)</a> lays down requirements on food supplements.&#160;The use of bovine milk&#160;basic whey protein isolate should be authorised without prejudice to that Directive.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>Regulation (EU) No 609/2013 of the European Parliament and of the Council&#160;<a>(<span>14</span>)</a> lays down requirements on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control. The use of bovine milk&#160;basic whey protein isolate should be authorised without prejudice to that Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(21)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 1. Bovine milk basic whey protein isolate as specified in the Annex to this Regulation shall be included in the Union list of authorised novel foods established in Implementing Regulation (EU) 2017/2470. 2. For a period of five years from the date of entry into force of this Regulation only the initial Applicant: <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Company: Armor Prot&#233;ines S.A.S.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>Address: Armor Prot&#233;ines S.A.S., 19 bis, rue de la Lib&#233;ration 35460 Saint-Brice-en-Cogl&#232;s, France;</p></td></tr></tbody></table> is authorised to place on the market within the Union the novel food referred to in paragraph 1, unless a subsequent applicant obtains authorisation for the novel food without reference to the data protected pursuant to Article 2 of this Regulation or with the agreement of Armor Protéines S.A.S. 3. The entry in the Union list referred to in paragraph 1 shall include the conditions of use and labelling requirements laid down in the Annex to this Regulation. 4. The authorisation provided for in this Article shall be without prejudice to the provisions of Regulation (EU) No 1169/2011, to the provisions of Directive 2002/46/EC, and to the provisions of Regulation (EU) No 609/2013. Article 2 The study contained in the application file on the basis of which the novel food referred to in Article 1 has been assessed by the Authority, claimed by the Applicant as fulfilling the requirements laid down in Article 26(2) of Regulation (EU) 2015/2283, shall not be used for the benefit of a subsequent applicant for a period of five years from the date of entry into force of this Regulation without the agreement of Armor Protéines S.A.S. Article 3 The Annex to Implementing Regulation (EU) 2017/2470 is amended in accordance with the Annex to this Regulation. Article 4 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 30 October 2018. For the Commission The President Jean-Claude JUNCKER ( 1 ) OJ L 327, 11.12.2015, p. 1 . ( 2 ) Commission Implementing Regulation (EU) 2017/2470 of 20 December 2017 establishing the Union list of novel foods in accordance with Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods, ( OJ L 351, 30.12.2017, p. 72 ). ( 3 ) Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients, ( OJ L 43, 14.2.1997, p. 1 ). ( 4 ) Spézia (2012). ( 5 ) Armor Protéines (2013). ( 6 ) Schmitt & Mireaux (2008). ( 7 ) Sire, G. (2012a). ( 8 ) Sire, G. (2012b). ( 9 ) Silvano (2012). ( 10 ) Armor Protéines (2017). ( 11 ) EFSA Journal 2018; 16(7):5360. ( 12 ) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ( OJ L 304, 22.11.2011, p. 18 ). ( 13 ) Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements, ( OJ L 183, 12.7.2002, p. 51 ). ( 14 ) Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009, ( OJ L 181, 29.6.2013, p. 35 ). ANNEX The Annex to Implementing Regulation (EU) 2017/2470 is amended as follows: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>the following last column is added in Table 1 (Authorised novel foods):</p><p>&#8216;Data Protection&#8217;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>the following entry is inserted in Table 1 (Authorised novel foods) in alphabetical order:</p><table><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Authorised novel food</p></td><td><p>Conditions under which the novel food may be used</p></td><td><p>Additional specific labelling requirements</p></td><td><p>Other requirements</p></td><td><p>Data Protection</p></td></tr><tr><td><p>&#8216;Bovine milk basic whey protein isolate</p></td><td><p><span>Specified food category</span></p></td><td><p><span>Maximum levels</span></p></td><td><p>The designation of the novel food on the labelling of the foodstuffs containing it shall be &#8220;Milk whey protein isolate&#8221;.</p><p>Food supplements containing bovine milk basic whey protein isolate shall bear the following statement:</p><div><p>&#8220;This food supplement should not be consumed by children/adolescents under the age of three/eighteen (*) years&#8221;</p></div><table><col/><col/><tbody><tr><td><p>(*)</p></td><td><p>Depending on the age group the food supplement is intended for.</p></td></tr></tbody></table></td><td><p>&#160;</p></td><td><p>Authorised on 20 November 2018. This inclusion is based on proprietary scientific evidence and scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283.</p><p>Applicant: Armor Prot&#233;ines S.A.S., 19 bis, rue de la Lib&#233;ration 35460 Saint-Brice-en-Cogl&#232;s, France. During the period of data protection the novel food bovine milk basic whey protein isolate is authorised for placing on the market within the Union only by Armor Prot&#233;ines S.A.S. unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data protected in accordance with Article 26 of Regulation (EU) 2015/2283 or with the agreement of Armor Prot&#233;ines S.A.S..</p><p>End date of the data protection: 20 November 2023.&#8217;</p></td></tr><tr><td><p>Infant formulae as defined in Regulation (EU) No 609/2013</p></td><td><p>30 mg/100 g (powder)</p><p>3,9 mg/100 mL (reconstituted)</p></td></tr><tr><td><p>Follow-on formulae as defined in Regulation (EU) No 609/2013</p></td><td><p>30 mg/100 g (powder)</p><p>4,2 mg/100 mL (reconstituted)</p></td></tr><tr><td><p>Total diet replacement foods for weight control as defined by Regulation (EU) No 609/2013</p></td><td><p>300 mg/day</p></td></tr><tr><td><p>Foods for special medical purposes as defined in Regulation (EU) No 609/2013</p></td><td><p>58 mg/day for young children</p><p>380 mg/day for children and adolescents from 3 to 18 years of age</p><p>610 mg/day for adults</p></td></tr><tr><td><p>Food Supplements as defined in Directive 2002/46/EC</p></td><td><p>58 mg/day for young children</p><p>250 mg/day for children and adolescents from 3 to 18 years of age</p><p>610 mg/day for adults</p></td></tr></tbody></table></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>the following entry is inserted in Table 2 (Specifications) in alphabetical order:</p><table><col/><col/><tbody><tr><td><p>Authorised Novel Food</p></td><td><p>Specification</p></td></tr><tr><td><p>&#8216;Bovine milk basic whey protein isolate</p></td><td><p><span>Description</span></p><p>Bovine milk basic whey protein isolate is a yellowish grey powder obtained from bovine skimmed milk via a series of isolation and purification steps.</p><p><span>Characteristics/Composition</span></p><p>Total protein (w/weight of product): &#8805; 90 %</p><p>Lactoferrin (w/weight of product): 25-75 %</p><p>Lactoperoxidase (w/weight of product): 10-40 %</p><p>Other proteins (w/weight of product): &#8804; 30 %</p><p>TGF-&#946;2: 12-18 mg/100 g</p><p>Moisture: &#8804; 6,0 %</p><p>pH (5 % solution w/v): 5,5 &#8211; 7,6</p><p>Lactose: &#8804; 3,0 %</p><p>Fat: &#8804; 4,5 %</p><p>Ash: &#8804; 3,5 %</p><p>Iron: &#8804; 25 mg/100 g</p><p><span>Heavy Metals</span></p><p>Lead: &lt; 0,1 mg/kg</p><p>Cadmium: &lt; 0,2 mg/kg</p><p>Mercury: &lt; 0,6 mg/kg</p><p>Arsenic: &lt; 0,1 mg/kg</p><p><span>Microbiological criteria:</span></p><p>Aerobic mesophilic count: &#8804; 10&#160;000 CFU/g</p><p><span>Enterobacteriaceae</span>: &#8804; 10 CFU/g</p><p><span>Escherichia coli</span>: Negative/g</p><p>Coagulase positive<span>Staphylococci</span>: Negative/g</p><p><span>Salmonella</span>: Negative/25 g</p><p><span>Listeria</span>: Negative/25 g</p><p><span>Cronobacter</span> spp.: Negative/25 g</p><p>Moulds: &#8804; 50 CFU/g</p><p>Yeasts: &#8804; 50 CFU/g</p><p>CFU:</p>Colony Forming Units&#8217;</td></tr></tbody></table></td></tr></tbody></table>
ENG
32018R1632
<table><col/><col/><col/><col/><tbody><tr><td><p>14.4.2015&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 97/7</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2015/584 of 13 April 2015 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: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>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<span>Official Journal of the European Union</span>,</p></td></tr></tbody></table> 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, 13 April 2015. 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 <table><col/><col/><col/><tbody><tr><td><p>(EUR/100 kg)</p></td></tr><tr><td><p>CN code</p></td><td><p>Third country code<a>&#160;(<span>1</span>)</a></p></td><td><p>Standard import value</p></td></tr><tr><td><p>0702&#160;00&#160;00</p></td><td><p>AL</p></td><td><p>102,3</p></td></tr><tr><td><p>MA</p></td><td><p>101,7</p></td></tr><tr><td><p>TR</p></td><td><p>122,2</p></td></tr><tr><td><p>ZZ</p></td><td><p>108,7</p></td></tr><tr><td><p>0707&#160;00&#160;05</p></td><td><p>MA</p></td><td><p>176,1</p></td></tr><tr><td><p>MK</p></td><td><p>97,3</p></td></tr><tr><td><p>TR</p></td><td><p>140,7</p></td></tr><tr><td><p>ZZ</p></td><td><p>138,0</p></td></tr><tr><td><p>0709&#160;93&#160;10</p></td><td><p>MA</p></td><td><p>89,8</p></td></tr><tr><td><p>TR</p></td><td><p>167,0</p></td></tr><tr><td><p>ZZ</p></td><td><p>128,4</p></td></tr><tr><td><p>0805&#160;10&#160;20</p></td><td><p>CL</p></td><td><p>64,9</p></td></tr><tr><td><p>EG</p></td><td><p>47,8</p></td></tr><tr><td><p>IL</p></td><td><p>75,0</p></td></tr><tr><td><p>MA</p></td><td><p>52,9</p></td></tr><tr><td><p>TN</p></td><td><p>59,3</p></td></tr><tr><td><p>TR</p></td><td><p>69,1</p></td></tr><tr><td><p>ZZ</p></td><td><p>61,5</p></td></tr><tr><td><p>0805&#160;50&#160;10</p></td><td><p>MA</p></td><td><p>52,7</p></td></tr><tr><td><p>TR</p></td><td><p>45,7</p></td></tr><tr><td><p>ZZ</p></td><td><p>49,2</p></td></tr><tr><td><p>0808&#160;10&#160;80</p></td><td><p>BR</p></td><td><p>103,5</p></td></tr><tr><td><p>CL</p></td><td><p>107,9</p></td></tr><tr><td><p>CN</p></td><td><p>100,9</p></td></tr><tr><td><p>MK</p></td><td><p>28,2</p></td></tr><tr><td><p>US</p></td><td><p>208,3</p></td></tr><tr><td><p>ZA</p></td><td><p>124,7</p></td></tr><tr><td><p>ZZ</p></td><td><p>112,3</p></td></tr><tr><td><p>0808&#160;30&#160;90</p></td><td><p>AR</p></td><td><p>118,3</p></td></tr><tr><td><p>CL</p></td><td><p>145,3</p></td></tr><tr><td><p>CN</p></td><td><p>106,3</p></td></tr><tr><td><p>ZA</p></td><td><p>144,5</p></td></tr><tr><td><p>ZZ</p></td><td><p>128,6</p></td></tr></tbody></table> <note> ( 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’. </note>
ENG
32015R0584
<table><col/><col/><col/><col/><tbody><tr><td><p>23.2.2018&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 53/14</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2018/240 of 15 February 2018 concerning the authorisation of trimethylamine, trimethylamine hydrochloride, 3-methylbutylamine for all animal species except laying hens and 2-methoxyethyl benzene, 1,3-dimethoxy-benzene, 1,4-dimethoxy-benzene, 1-isopropyl-2-methoxy-4-methylbenzene as feed additives for all animal species (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition ( 1 ) , and in particular Article 9(2) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC<a>&#160;(<span>2</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The substances trimethylamine, trimethylamine hydrochloride, 3-methylbutylamine for all animal species, except laying hens and 2-methoxyethyl benzene, 1,3-dimethoxy-benzene, 1,4-dimethoxy-benzene, 1-isopropyl-2-methoxy-4-methylbenzene for all animal species (&#8216;the substances concerned&#8217;) were authorised without a time limit by Directive 70/524/EEC as feed additives for all animal species.&#160;Those substances were subsequently entered in the Register of feed additives as existing products, in accordance with Article 10 (1) of Regulation (EC) No 1831/2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation as feed additives of trimethylamine, trimethylamine hydrochloride, 3-methylbutylamine for all animal species, except laying hens and 2-methoxyethyl benzene, 1,3-dimethoxy-benzene, 1,4-dimethoxy-benzene, 1-isopropyl-2-methoxy-4-methylbenzene for all animal species.&#160;The applicant requested those additives to be classified in the additive category &#8216;sensory additives&#8217;. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No&#160;1831/2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The European Food Safety Authority (&#8216;the Authority&#8217;) concluded in its opinions of 25&#160;April 2012<a>&#160;(<span>3</span>)</a> that, under the proposed conditions of use in feed, the substances concerned do not have adverse effects on animal health, human health or the environment. The Authority has concluded that, since the substances concerned are efficacious when used in food as flavourings and their function in feed is essentially the same as in food, no further demonstration of efficacy was necessary. Therefore, that conclusion can be extrapolated to feed. The applicant withdrew the application for water for drinking, however, it should be possible to use the substances concerned within compound feeds which are subsequently administered via water.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Restrictions and conditions should be provided for to allow better control. Since safety reasons do not require the setting of a maximum content and taking into account the re-evaluation performed by the Authority, recommended contents should be indicated on the label of the additive. Where such contents are exceeded, certain information should be indicated on the label of premixtures and on the labelling of feed materials and compound feed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>The Authority noted that trimethylamine, trimethylamine hydrochloride, 3-methylbutylamineare recognised as being corrosive to the eye, strongly irritant or corrosive to the skin and irritant to respiratory tract. Asthma like symptoms may occur after inhalation. For 2-methoxyethyl benzene, 1,3-dimethoxy-benzene, 1,4-dimethoxy-benzene, 1-isopropyl-2-methoxy-4-methylbenzene potential hazards for skin and eye contact and respiratory exposure are recognised. Consequently, appropriate protective measures should be taken. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additives in feed submitted by the Reference Laboratory set up by Regulation (EC) No&#160;1831/2003.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The assessment of the substances concerned shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of those substances should be authorised as specified in the Annex to this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation for the substances concerned, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Authorisation The substances specified in the Annex, belonging to the additive category ‘sensory additives’ and to the functional group ‘flavouring compounds’, are authorised as feed additives in animal nutrition subject to the conditions laid down in that Annex. Article 2 Transitional measures 1. The substances specified in the Annex and premixtures containing those substances, which are produced and labelled before 15 September 2018 in accordance with the rules applicable before 15 March 2018 may continue to be placed on the market and used until the existing stocks are exhausted. 2. Feed materials and compound feed containing the substances specified in the Annex which are produced and labelled before 15 March 2019 in accordance with the rules applicable before 15 March 2018 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for food-producing animals. 3. Feed materials and compound feed containing the substances specified in the Annex which are produced and labelled before 15 March 2020 in accordance with the rules applicable before 15 March 2018 may continue to be placed on the market and used until the existing stocks are exhausted if they are intended for non-food-producing animals. 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, 15 February 2018. For the Commission The President Jean-Claude JUNCKER ( 1 ) OJ L 268, 18.10.2003, p. 29 . ( 2 ) Council Directive 70/524/EEC of 23 November 1970 concerning additives in feedingstuffs ( OJ L 270, 14.12.1970, p. 1 ). ( 3 ) EFSA Journal 2012;10(5):2678 and EFSA Journal 2012;10(5):2679. ANNEX <table><col/><col/><col/><col/><col/><col/><col/><col/><col/><col/><tbody><tr><td><p>Identification number of the additive</p></td><td><p>Name of the holder of&#160;authorisation</p></td><td><p>Additive</p></td><td><p>Composition, chemical formula, description, analytical method</p></td><td><p>Species or category of animal</p></td><td><p>Maximum age</p></td><td><p>Minimum content</p></td><td><p>Maximum content</p></td><td><p>Other provisions</p></td><td><p>End of period of&#160;authorisation</p></td></tr><tr><td><p>mg of active substance/kg of complete feedingstuff with a moisture content of&#160;12&#160;%</p></td></tr><tr><td><p><span>Category: Sensory additives. Functional group: Flavouring compounds</span></p></td></tr><tr/><tr><td><p>2b11009</p></td><td><p>&#8212;</p></td><td><p>Trimethylamine</p></td><td><p><span>Additive composition</span></p><p>Trimethylamine</p><p><span>Characterisation of the active substance</span></p><p>Trimethylamine</p><p>Produced by chemical synthesis</p><p>Purity: min. 98&#160;%</p><p>Chemical formula: C<span>3</span>H<span>9</span>N</p><p>CAS number: 75-50-3</p><p>FLAVIS No: 11.009</p><p><span>Method of analysis</span><a>&#160;(<span>1</span>)</a></p><p>For the determination of trimethylamine in the feed additive and in feed flavouring premixtures:</p><p>Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.</p></td><td><p>All animal species except laying hens</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>The additive shall be incorporated into the feed in the form of a premixture.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>The recommended maximum content of the active substance shall be: 5&#160;mg/kg of complete feedingstuff with a moisture content of 12&#160;%.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>4.</p></td><td><p>On the label of the additive the following shall be indicated:</p><p>&#8216;Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;%: 5&#160;mg/kg&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>5.</p></td><td><p>The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label of the premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12&#160;% exceeds: 5&#160;mg/kg.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>6.</p></td><td><p>For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.</p></td></tr></tbody></table></td><td><p>15.3.2028</p></td></tr><tr><td><p>2b11024</p></td><td><p>&#8212;</p></td><td><p>Trimethylamine hydrochloride</p></td><td><p><span>Additive composition</span></p><p>Trimethylamine hydrochloride</p><p><span>Characterisation of the active substance</span></p><p>Trimethylamine hydrochloride</p><p>Produced by chemical synthesis</p><p>Purity: min. 98.5 %</p><p>Chemical formula: C<span>3</span>H<span>9</span>N &#903; HCl</p><p>CAS number: 593-81-7</p><p>FLAVIS No: 11.024</p><p><span>Method of analysis</span><a>&#160;(<span>1</span>)</a></p><p>For the determination of trimethylamine hydrochloride in the feed additive and in feed flavouring premixtures:</p><p>Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.</p></td><td><p>All animal species except laying hens</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>The additive shall be incorporated into the feed in the form of a premixture.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>The recommended maximum content of the active substance shall be: 5&#160;mg/kg of complete feedingstuff with a moisture content of 12&#160;%.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>4.</p></td><td><p>On the label of the additive the following shall be indicated:</p><p>&#8216;Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;%: 5&#160;mg/kg&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>5.</p></td><td><p>The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label&#160;of premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12&#160;% exceeds: 5&#160;mg/kg.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>6.</p></td><td><p>For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.</p></td></tr></tbody></table></td><td><p>15.3.2028</p></td></tr><tr><td><p>2b11001</p></td><td><p>&#8212;</p></td><td><p>3-Methylbutylamine</p></td><td><p><span>Additive composition</span></p><p>3-Methylbutylamine</p><p><span>Characterisation of the active substance</span></p><p>3-Methylbutylamine</p><p>Produced by chemical synthesis</p><p>Purity: min. 98 %</p><p>Chemical formula: C<span>5</span>H<span>13</span>N</p><p>CAS number: 107-85-7</p><p>FLAVIS No:11.001</p><p><span>Method of analysis</span><a>&#160;(<span>1</span>)</a></p><p>For the determination of 3-methylbutylamine in the feed additive and in feed flavouring premixtures:</p><p>Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.</p></td><td><p>All animal species except laying hens</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>The additive shall be incorporated into the feed in the form of a premixture.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>The recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;% shall be:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>1&#160;mg/kg for pigs and poultry, except laying hens;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>1,5&#160;mg/kg for other species and categories.</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>4.</p></td><td><p>On the label of the additive the following shall be indicated:</p><p>&#8216;Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;%:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>1&#160;mg/kg for pigs and poultry, except laying hens;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>1,5 mg/kg for other species and categories&#8217;.</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>5.</p></td><td><p>The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label&#160;of premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12&#160;% exceeds:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>1&#160;mg/kg for pigs and poultry, except laying hens;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>1,5&#160;mg/kg for other species and categories.</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>6.</p></td><td><p>For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.</p></td></tr></tbody></table></td><td><p>15.3.2028</p></td></tr><tr><td><p>2b03006</p></td><td><p>&#8212;</p></td><td><p>2-Methoxyethyl benzene</p></td><td><p><span>Additive composition</span></p><p>2-Methoxyethyl benzene</p><p><span>Characterisation of the active substance</span></p><p>2-Methoxyethyl benzene</p><p>Produced by chemical synthesis</p><p>Purity: min. 99&#160;%</p><p>Chemical formula: C<span>9</span>H<span>12</span>O</p><p>CAS number: 3558-60-9</p><p>FLAVIS No: 03.006</p><p><span>Method of analysis</span><a>&#160;(<span>1</span>)</a></p><p>For the determination of 2-methoxyethyl benzene in the feed additive and in feed flavouring premixtures:</p><p>Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.</p></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>The additive shall be incorporated into the feed in the form of a premixture.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>The recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;% shall be:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>0,3&#160;mg/kg for pigs and poultry;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>0,5&#160;mg/kg for other species and categories.</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>4.</p></td><td><p>On the label of the additive the following shall be indicated:</p><p>&#8216;Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;%:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>0,3&#160;mg/kg for pigs and poultry;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>0,5&#160;mg/kg for other species and categories.&#8217;.</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>5.</p></td><td><p>The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label&#160;of premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12&#160;% exceeds:</p><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>0,3&#160;mg/kg for pigs and poultry;</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>&#8212;</p></td><td><p>0,5&#160;mg/kg for other species and categories.</p></td></tr></tbody></table></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>6.</p></td><td><p>For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.</p></td></tr></tbody></table></td><td><p>15.3.2028</p></td></tr><tr><td><p>2b04016</p></td><td><p>&#8212;</p></td><td><p>1,3-Dimethoxy-benzene</p></td><td><p><span>Additive composition</span></p><p>1,3-Dimethoxy-benzene</p><p><span>Characterisation of the active substance</span></p><p>1,3-Dimethoxy-benzene</p><p>Produced by chemical synthesis</p><p>Purity: min. 98&#160;%</p><p>Chemical formula: C<span>8</span>H<span>10</span>O<span>2</span></p><p>CAS number: 151-10-0</p><p>FLAVIS No: 04.016</p><p><span>Method of analysis</span><a>&#160;(<span>1</span>)</a></p><p>For the determination of 1,3-dimethoxy-benzene in the feed additive and in feed flavouring premixtures:</p><p>Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.</p></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>The additive shall be incorporated into the feed in the form of a premixture.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>The recommended maximum content of the active substance shall be: 1&#160;mg/kg of complete feedingstuff with a moisture content of 12&#160;%.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>4.</p></td><td><p>On the label of the additive the following shall be indicated:</p><p>&#8216;Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;%: 1&#160;mg/kg&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>5.</p></td><td><p>The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label&#160;of premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12&#160;% exceeds: 1&#160;mg/kg.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>6.</p></td><td><p>For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.</p></td></tr></tbody></table></td><td><p>15.3.2028</p></td></tr><tr><td><p>2b04034</p></td><td><p>&#8212;</p></td><td><p>1,4-Dimethoxy-benzene</p></td><td><p><span>Additive composition</span></p><p>1,4-Dimethoxy-benzene</p><p><span>Characterisation of the active substance</span></p><p>1,4-Dimethoxy-benzene</p><p>Produced by chemical synthesis</p><p>Purity: min. 98&#160;%</p><p>Chemical formula: C<span>8</span>H<span>10</span>O<span>2</span></p><p>CAS number: 150-78-7</p><p>FLAVIS No: 04.034</p><p><span>Method of analysis</span><a>&#160;(<span>1</span>)</a></p><p>For the determination of 1,4-dimethoxy-benzene in the feed additive and in feed flavouring premixtures:</p><p>Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.</p></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>The additive shall be incorporated into the feed in the form of a premixture.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>The recommended maximum content of the active substance shall be: 1&#160;mg/kg of complete feedingstuff with a moisture content of 12&#160;%.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>4.</p></td><td><p>On the label of the additive the following shall be indicated:</p><p>&#8216;Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;%: 1&#160;mg/kg&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>5.</p></td><td><p>The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label&#160;of premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12&#160;% exceeds: 1&#160;mg/kg.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>6.</p></td><td><p>For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.</p></td></tr></tbody></table></td><td><p>15.3.2028</p></td></tr><tr><td><p>2b04043</p></td><td><p>&#8212;</p></td><td><p>1-Isopropyl-2-methoxy-4-methylbenzene</p></td><td><p><span>Additive composition</span></p><p>1-Isopropyl-2-methoxy-4-methylbenzene</p><p><span>Characterisation of the active substance</span></p><p>1-Isopropyl-2-methoxy-4-methylbenzene</p><p>Produced by chemical synthesis</p><p>Purity: min. 98&#160;%</p><p>Chemical formula: C<span>11</span>H<span>16</span>O</p><p>CAS number: 1076-56-8</p><p>FLAVIS No: 04.043</p><p><span>Method of analysis</span><a>&#160;(<span>1</span>)</a></p><p>For the determination of 1-isopropyl-2-methoxy-4-methylbenzene in the feed additive and in feed flavouring premixtures:</p><p>Gas chromatography mass spectrometry with retention time locking GC-MS-RTL.</p></td><td><p>All animal species</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><p>&#8212;</p></td><td><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>The additive shall be incorporated into the feed in the form of a premixture.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>In the directions for use of the additive and premixtures, the storage and stability conditions shall be indicated.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>The recommended maximum content of the active substance shall be: 1&#160;mg/kg of complete feedingstuff with a moisture content of 12&#160;%.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>4.</p></td><td><p>On the label of the additive the following shall be indicated:</p><p>&#8216;Recommended maximum content of the active substance of complete feedingstuff with a moisture content of 12&#160;%: 1&#160;mg/kg&#8217;.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>5.</p></td><td><p>The functional group, the identification number, the name and the added amount of the active substance shall be indicated on the label&#160;of premixtures and on the labelling of feed materials and compound feedingstuffs, if the content of the active substance in complete feedingstuff with a moisture content of 12&#160;% exceeds: 1&#160;mg/kg.</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>6.</p></td><td><p>For users of the additive and premixtures, feed business operators shall establish operational procedures and organisational measures to address potential risks by inhalation, dermal contact or eyes contact. Where those risks cannot be eliminated or reduced to a minimum by such procedures and measures, the additive and premixtures shall be used with personal protective equipment, including breathing protection, safety glasses and gloves.</p></td></tr></tbody></table></td><td><p>15.3.2028</p></td></tr></tbody></table> <note> ( 1 ) Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports </note>
ENG
32018R0240
<table><col/><col/><col/><col/><tbody><tr><td><p>13.8.2015&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 214/3</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2015/1384 of 10 August 2015 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: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No&#160;2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>Regulation (EEC) No&#160;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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Pursuant to those general rules, the goods described in column&#160;(1) of the table set out in the Annex should be classified under the CN code indicated in column&#160;(2), by virtue of the reasons set out in column&#160;(3) of that table.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>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&#160;12(6) of Council Regulation (EEC) No&#160;2913/92<a>&#160;(<span>2</span>)</a>. That period should be set at three months.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,</p></td></tr></tbody></table> 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 the Member States in accordance with the Treaties. Done at Brussels, 10 August 2015. For the Commission, On behalf of the President, Heinz ZOUREK Director-General for Taxation and Customs Union ( 1 ) OJ L 256, 7.9.1987, p. 1 . ( 2 ) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( OJ L 302, 19.10.1992, p. 1 ). ANNEX <table><col/><col/><col/><tbody><tr><td><p>Description of the goods</p></td><td><p>Classification</p><p>(CN-code)</p></td><td><p>Reasons</p></td></tr><tr><td><p>(1)</p></td><td><p>(2)</p></td><td><p>(3)</p></td></tr><tr><td><p>An article (&#8216;puzzle book&#8217;) consisting of puzzles, educative texts, maps and other illustrations bound together, made of cardboard and measuring approximately 34 &#215; 24 cm, with 14 pages.</p><p>Every other page contains a puzzle with approximately 40 pieces, showing a map with information and illustrations on a single-coloured background. The puzzles relate to, and complete, the educative texts, maps and illustrations on the opposite pages.</p><p>(See photograph)<a>&#160;(<span>1</span>)</a></p></td><td><p>9503&#160;00&#160;69</p></td><td><p>Classification is determined by general rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature (GIR) and by the wording of CN codes 9503&#160;00 and 9503&#160;00&#160;69.</p><p>The article is<span>prima facie</span> classifiable under heading 4901 as a printed book or similar printed matter, or under heading 9503 as a puzzle. However, neither of the two headings can be regarded as providing a more specific description of the article within the meaning of GIR 3(a).</p><p>As it cannot be established whether the educative texts, maps and illustrations (heading 4901) or the puzzles (heading 9503) give the article its&#160;essential character within the meaning of GIR&#160;3(b), the article has to be classified under the heading which occurs last in numerical order among those which equally merit consideration.</p><p>Consequently, the article is classified under CN code 9503&#160;00&#160;69 as other puzzles.</p></td></tr></tbody></table> <note> ( 1 ) The photograph is purely for information. </note>
ENG
32015R1384
<table><col/><col/><col/><col/><tbody><tr><td><p>6.5.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 133/35</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) No 457/2014 of 29 April 2014 concerning the classification of certain goods in the Combined Nomenclature THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ( 1 ) , and in particular Article 9(1)(a) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No&#160;2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>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.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>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&#160;<a>(<span>2</span>)</a>. That period should be set at three months.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column (2) of that table. Article 2 Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months from the date of entry into force of this Regulation. Article 3 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 April 2014. For the Commission, On behalf of the President, Algirdas ŠEMETA Member of the Commission ( 1 ) OJ L 256, 7.9.1987, p. 1 . ( 2 ) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( OJ L 302, 19.10.1992, p. 1 ). ANNEX <table><col/><col/><col/><tbody><tr><td><p>Description of the goods</p></td><td><p>Classification (CN code)</p></td><td><p>Reasons</p></td></tr><tr><td><p>(1)</p></td><td><p>(2)</p></td><td><p>(3)</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>1.</p></td><td><p>A digital electronic apparatus with one High-Definition Multimedia Interface (HDMI) input and eight HDMI outputs (so-called &#8216;active HDMI splitter&#8217;) in a housing with dimensions of approximately 12 &#215; 6 &#215; 2 cm.</p><p>It supports the High-bandwidth Digital Content Protection (HDCP) protocol and is supplied with 5 V DC.</p><p>The apparatus is used for simultaneously splitting, without loss of quality, one HDMI input signal into eight HDMI output signals with the same technical characteristics as the original input signal.</p><p>It allows a HDMI signal originating from one source (for example, a set-top box) to be simultaneously distributed to several apparatus (for example, television sets).</p></td></tr></tbody></table></td><td><p>8543&#160;70&#160;90</p></td><td><p>Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8543 , 8543&#160;70 and 8543&#160;70&#160;90 .</p><p>The HDMI splitter is not an apparatus for making connections to or in electrical circuits or a panel for the distribution of electricity as it splits one input signal into eight output signals and simultaneously processes HDCP protocols. Consequently, classification under either heading 8536 as junction boxes or heading 8537 as boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536 , for the distribution of electricity is excluded.</p><p>As the apparatus has an individual function, which is not covered more specifically by a heading of Chapter 85, it is therefore to be classified under CN code 8543&#160;70&#160;90 as an electrical apparatus, having an individual function, not specified or included elsewhere in Chapter 85.</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>2.</p></td><td><p>A digital electronic apparatus with four High-Definition Multimedia Interfaces (HDMI) inputs, one HDMI output and a button for selecting the input (so-called &#8216;active HDMI switch&#8217;).</p><p>It incorporates an amplifier for regenerating weak signals, 4 LEDs for indicating the selected input and is supplied with 5 V DC.</p><p>The apparatus supports full 1080p video signals with a data transfer up to 2,5 Gbps and the High-bandwidth Digital Content Protection (HDCP) protocol.</p><p>The apparatus is used for selecting one HDMI input to be connected to the HDMI output. It allows the selection of HDMI signals originating from different sources (for example, a DVD player, a set-top box) to be connected to one apparatus, for example, a television set.</p></td></tr></tbody></table></td><td><p>8543&#160;70&#160;90</p></td><td><p>Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8543 , 8543&#160;70 and 8543&#160;70&#160;90 .</p><p>The HDMI switch is not an apparatus for switching electrical circuits or for the distribution of electricity as it switches (selects) one of the HDMI inputs to be connected to the HDMI output and simultaneously amplifies the signal and processes HDCP protocols. Consequently, classification under either heading 8536 as switches or heading 8537 as boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536 , for the distribution of electricity is excluded.</p><p>As the apparatus has an individual function, which is not covered more specifically by a heading of Chapter 85, it is therefore to be classified under CN code 8543&#160;70&#160;90 as an electrical apparatus, having an individual function, not specified or included elsewhere in Chapter 85.</p></td></tr><tr><td><table><col/><col/><tbody><tr><td><p>3.</p></td><td><p>An apparatus with four High-Definition Multimedia Interfaces (HDMI) inputs and one HDMI output (so-called &#8216;passive HDMI switch&#8217;) in a housing with dimensions of approximately 18&#160;&#215;&#160;12&#160;&#215;&#160;3 cm.</p><p>It incorporates a so-called &#8216;multi-station push button switch&#8217; with four push buttons (one per input) which are rigidly attached to each other. Upon selection of one of the inputs, the others are automatically switched off.</p><p>The apparatus is used for selecting, by pushing one of the buttons, one HDMI input to be connected to the HDMI output. It allows the selection of HDMI signals originating from different sources (for example, a DVD player, a set-top box) to be connected to one apparatus, for example, a television set.</p></td></tr></tbody></table></td><td><p>8536&#160;50&#160;80</p></td><td><p>Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8536 , 8536&#160;50 and 8536&#160;50&#160;80 .</p><p>As the apparatus only incorporates one switch for connecting one input at a time to the output, it is not a panel for the distribution of electricity. Consequently, classification under heading 8537 as boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536 , for electric control or the distribution of electricity is excluded.</p><p>As the apparatus only performs switching which is an individual electrical function identified in a heading of Chapter 85, it is therefore to be classified under CN code 8536&#160;50&#160;80 as other switches.</p></td></tr></tbody></table>
ENG
32014R0457
<table><col/><col/><col/><col/><tbody><tr><td><p>30.10.2014&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 309/5</p></td></tr></tbody></table> COMMISSION DELEGATED REGULATION (EU) No 1152/2014 of 4 June 2014 supplementing Directive 2013/36/EU of the European Parliament and of the Council with regard to regulatory technical standards on the identification of the geographical location of the relevant credit exposures for calculating institution-specific countercyclical capital buffer rates (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 ( 1 ) , and in particular the third subparagraph of Article 140(7) thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>The calculation of the institution-specific countercyclical capital buffer rates requires that the location of the own funds requirements for all credit exposures of a specific institution, including exposures held in the trading book and all securitisation exposures, are identified geographically.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>The geographical location should be determined in the basis of the location of the risk of the exposures. That will ensure that the build-up of additional reserves from implementing the countercyclical buffer is allocated to the financial system with excess credit growth.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>The place of residence of the obligor or of the debtor should be generally used for determining the geographical location of all credit exposures as this is considered to best reflect the location where the risk is situated and which is, therefore, of importance to the financial system. However, the geographical location of credit exposures identified as specialised lending exposures pursuant to Article 147(8) of Regulation (EU) No 575/2013 of the European Parliament and of the Council&#160;<a>(<span>2</span>)</a> should be based on the location of the assets generating the income that is the primary source of repayment of the obligation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>For a clear and unambiguous understanding of the measures for the identification of the geographical location of the relevant credit exposures, it is essential to specify a list of definitions of the technical terms used in this Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>Exposures to a legal person should, in principle, be allocated to the Member State or to the third country, in which that person has its registered office. However, the place of actual centre of administration and the place of registered office of a legal person might differ. This has been recognised by the Court in its rulings in cases C-81/87 (Daily Mail), C-212/97 (Centros), C-208/00 (&#220;berseering), C-167/01 (Inspire Art), C-411/03 (Sevic) and C-210/06 (Cartesio). To ensure proper allocation of the countercyclical capital buffer in those cases, institutions, who are aware that such a discrepancy exists with regard to an obligor, should allocate the relevant exposures to the place of the actual centre of the administration of the relevant legal person.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>For exposures to collective investment undertakings (CIU), it is appropriate that they are allocated in the location of the obligor of the underlying exposure as defined in this Regulation. Where the definition of the obligor of the underlying exposure is unreasonably burdensome, the exposure to the CIU may be allocated to the home Member State of the institution.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>Exposures to other assets should be allocated to the home Member State of the institution, if their obligor cannot be identified.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>Proportionality and materiality considerations should be taken into account for institutions with limited foreign overall exposure or limited trading book activity, by allowing the use of simpler allocation methods for these institutions. This is intended to alleviate the burden for smaller institutions which tend to have limited foreign and trading book activity.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>This Regulation is based on the draft regulatory technical standards submitted by the European Banking Authority to the Commission.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, it has 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&#160;1093/2010 of the European Parliament and of the Council&#160;<a>(<span>3</span>)</a>,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 Definitions For the purposes of this Regulation, the following definitions shall apply: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>&#8216;general credit exposure&#8217; means the risk exposure amount calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013 of an exposure referred to in Article 140(4)(a) of Directive 2013/36/EU;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>&#8216;trading book exposure&#8217; means the risk exposure amount calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013 of an exposure referred to in Article 140(4)(b) of Directive 2013/36/EU;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>&#8216;securitisation exposure&#8217; means the risk exposure amount calculated in accordance with Article 92(3) of Regulation (EU) No 575/2013 of an exposure referred to in Article 140(4)(c) of Directive 2013/36/EU;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>&#8216;location of the obligor&#8217; means the Member State or the third country, where the natural or legal person, who is the institution's counterparty to a general credit exposure or the issuer of a financial instrument not included in the trading book or the counterparty to a non-trading book exposure, is ordinarily resident (in the case of a natural person), or has its registered office (in the case of a legal person); for a legal person whose centre of actual administration is in a Member State or in a third country other than the Member State or the country of its registered office, &#8216;location of the obligor&#8217; means the Member State or the third country of its actual place of administration;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>&#8216;location of the debtor&#8217; means the Member State or the third country, where the natural or legal person who is the issuer of the financial instrument in the trading book, or the counterparty to a trading book exposure, is ordinarily resident (in the case of a natural person), or has its registered office (in the case of a legal person); for a legal person whose centre of actual administration is in a Member State or in a third country other than the state or the country of its registered office, &#8216;location of the debtor&#8217; means the Member State or the third country of its actual place of administration;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>&#8216;location of the income&#8217; means the Member State or the third country of the location of the assets which generate the income that is the primary source of repayment of the obligation in relation to a specialised lending exposure;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>&#8216;foreign exposure&#8217; means a general credit exposure whose obligor is not located in the institution's home Member State;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>&#8216;specialised lending exposure&#8217; means the general credit exposures possessing the characteristics referred to in Article&#160;147(8) of Regulation (EU) No 575/2013.</p></td></tr></tbody></table> Article 2 Location of general credit exposures (1) All general credit exposures, which do not fall under paragraphs 2 to 5 of this Article, shall be allocated to the location of the obligor. (2) General credit exposures to CIUs as referred to in point (o) of Article 112 of Regulation (EU) No 575/2013, shall be allocated to the location of the obligor of the underlying exposures. If there is more than one location corresponding to the obligors of the underlying exposures of a given CIU exposure, Article 4(2) of this Regulation may also apply to that CIU exposure. (3) Specialised lending exposures as referred to in Article 147(8) of Regulation (EU) No 575/2013 shall be allocated to the location of the income . (4) General credit exposures to other items as referred to in point (q) of Article 112 of Regulation (EU) No 575/2013 shall be allocated to the institution's home Member State if the institution cannot identify their obligor. (5) The following general credit exposures may be allocated to an institution's home Member State: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>exposures to CIUs as referred to in point (o) of Article 112 of Regulation (EU) No 575/2013, where the institution cannot identify the location of the obligor or obligors of the underlying exposures based on information existing internally or available externally without disproportionate effort;</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>foreign exposures, whose aggregate does not exceed 2 % of the aggregate of the general credit, trading book and securitisation exposures of that institution. The aggregate of the general credit, trading book and securitisation exposures is calculated by excluding the general credit exposures located in accordance with point (a) of this paragraph and with paragraph 4.</p></td></tr></tbody></table> (6) Institutions shall calculate the percentage referred to in point (b) of paragraph 5, both on an annual and on an ad hoc basis. An ad hoc calculation is required when an event that affects the financial or economic situation of the institution occurs. Article 3 Geographical location of trading book exposures (1) Subject to paragraphs 2 and 3, trading book exposures shall be allocated to the location of the debtor. (2) For trading book exposures subject to the own funds requirements under Part Three, Title IV, Chapter 5 of Regulation (EU) No 575/2013, institutions shall determine their geographical location by multiplying their aggregate risk exposure amount by the ratio below: <table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>the own funds requirements for sub-portfolios split according to the geographical location determined according to the model provided in Chapter 5 of Title IV of Part Three of Regulation (EU) No 575/2013 to</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>the sum of own funds requirements determined under point (a) across all geographical locations.</p></td></tr></tbody></table> (3) Institutions, whose total trading book exposures does not exceed 2 % of their total general credit, trading book and securitisation exposures, may allocate those exposures to the home Member State of the institution. (4) Institutions shall calculate the percentage referred to in paragraph 3, both on an annual and on an ad hoc basis. An ad hoc calculation is required when an event that affects the financial or economic situation of the institution occurs. Article 4 Geographical location of securitisation exposures (1) A securitisation exposure shall be allocated to the location of the obligor of the underlying exposures. (2) Where there is more than one location corresponding to the obligor of the underlying exposures of a given securitisation exposure, that exposure may allocated to the location of the obligor of the underlying exposures with the highest proportion in the underlying securitisation exposures. (3) Securitisation exposures for which information on underlying securitisation exposures is not available, may be allocated to the home Member State of the institution if the institution cannot identify the underlying obligor based on existing available information from internal or external sources or without applying a disproportionate effort to obtain the information. Article 5 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 <note> ( 1 ) 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 ( OJ L 176, 27.6.2013, p. 338 ). ( 2 ) 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 ). ( 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 ). </note>
ENG
32014R1152
<table><col/><col/><col/><col/><tbody><tr><td><p>19.11.2020&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 387/22</p></td></tr></tbody></table> COMMISSION DECISION (EU) 2020/1730 of 18 November 2020 confirming the participation of Ireland in Regulation (EU) 2017/1954 of the European Parliament and of the Council amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Protocol No 21, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, and in particular Article 4 thereof, Whereas: <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>By letter to the European Commission of 29 July 2020, Ireland notified its wish to accept and be bound by Regulation (EU) 2017/1954 of the European Parliament and of the Council&#160;<a>(<span>1</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>There are no specific conditions attached to the participation of Ireland in that Regulation and there is no need for transitional measures.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>Harmonised formats and common security standards for residence permits throughout the European Union facilitate border crossing and contribute thus to a good functioning of an area of freedom and security and justice.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>The participation of Ireland in Regulation (EU) 2017/1954 should therefore be confirmed.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>In order to allow Ireland to apply Regulation (EU) 2017/1954 as soon as possible, this Decision should enter into force on the day following that of its publication,</p></td></tr></tbody></table> HAS ADOPTED THIS DECISION: Article 1 The participation of Ireland in Regulation (EU) 2017/1954 is confirmed. Article 2 This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union . Done at Brussels, 18 November 2020. For the Commission The President Ursula VON DER LEYEN <note> ( 1 ) Regulation (EU) 2017/1954 of the European Parliament and of the Council of 25 October 2017 amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals ( OJ L 286, 1.11.2017, p. 9 ). </note>
ENG
32020D1730
<table><col/><col/><col/><col/><tbody><tr><td><p>4.8.2023&#160;&#160;&#160;</p></td><td><p>EN</p></td><td><p>Official Journal of the European Union</p></td><td><p>L 196/17</p></td></tr></tbody></table> COMMISSION IMPLEMENTING REGULATION (EU) 2023/1596 of 3 August 2023 accepting a request for new exporting producer treatment with regard to the definitive anti-dumping measures imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China and amending Implementing Regulation (EU) 2019/1198 THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union ( 1 ) (‘the basic Regulation’), Having regard to Commission Implementing Regulation (EU) 2019/1198 of 12 July 2019 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China ( 2 ) , and, in particular, Article 2 thereof, Whereas, A. MEASURES IN FORCE <table><col/><col/><tbody><tr><td><p>(1)</p></td><td><p>On 13&#160;May 2013, the Council imposed a definitive anti-dumping duty on imports into the Union of ceramic tableware and kitchenware (&#8216;the product concerned&#8217;) originating in the People&#8217;s Republic of China (&#8216;the PRC&#8217;) by Council Implementing Regulation (EU) No&#160;412/2013&#160;<a>(<span>3</span>)</a> (&#8216;the original Regulation&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(2)</p></td><td><p>On 12&#160;July 2019, following an expiry review pursuant to Article&#160;11(2) of the basic Regulation, the Commission extended the measures of the original Regulation for another five years by Implementing Regulation (EU)&#160;2019/1198.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(3)</p></td><td><p>On 28&#160;November 2019, following an anti-circumvention investigation pursuant to Articles 13(3) of the basic Regulation, the Commission amended Implementing Regulation (EU)&#160;2019/1198 by Commission Implementing Regulation (EU)&#160;2019/2131&#160;<a>(<span>4</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(4)</p></td><td><p>In the original investigation, sampling was applied for investigating the exporting producers in the PRC in accordance with Article&#160;17 of the basic Regulation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(5)</p></td><td><p>The Commission imposed individual anti-dumping duty rates ranging from 13,1&#160;% to 18,3&#160;% on imports of ceramic tableware and kitchenware for the sampled exporting producers from the PRC. For the cooperating exporting producers that were not included in the sample, a duty rate of 17,9&#160;% was imposed. The cooperating exporting producers not included in the sample are listed in Annex 1 of Regulation (EU)&#160;2019/2131. Furthermore, a country-wide duty rate of 36,1&#160;% was imposed on the product concerned from companies in the PRC which either did not make themselves known or did not cooperate with the investigation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(6)</p></td><td><p>Pursuant to Article&#160;2 of Implementing Regulation (EU)&#160;2019/1198, Annex 1 of that Regulation can be amended by granting a new exporting producer the duty rate applicable to the cooperating companies not included in the sample, namely the weighted average duty rate of 17,9&#160;%, where that new exporting producer in the PRC provides sufficient evidence to the Commission that:</p><table><col/><col/><tbody><tr><td><p>(a)</p></td><td><p>it did not export to the Union the product concerned during the period of investigation on which the measures are based, that is from 1&#160;January 2011 to 31&#160;December 2011 (&#8216;the original investigation period&#8217;);</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(b)</p></td><td><p>it is not related to any of the exporters or producers in the PRC which are subject to the anti-dumping measures imposed by Implementing Regulation (EU)&#160;2019/1198; and</p></td></tr></tbody></table><table><col/><col/><tbody><tr><td><p>(c)</p></td><td><p>it has actually exported to the Union the product concerned after the end of the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union.</p></td></tr></tbody></table></td></tr></tbody></table> B. REQUEST FOR NEW EXPORTING PRODUCER TREATMENT <table><col/><col/><tbody><tr><td><p>(7)</p></td><td><p>The company Shenzhen M&amp;G Ceramics Co., Ltd. (&#8216;M&amp;G&#8217; or the &#8216;applicant&#8217;) submitted a request to the Commission to be granted new exporting producer treatment (&#8216;NEPT&#8217;) and hence be subject to the duty rate applicable to the cooperating companies in the PRC not included in the sample, which is 17,9&#160;%. The applicant claimed that it met all three conditions set out in Article&#160;2 of Implementing Implementing Regulation (EU)&#160;2019/1198 (&#8216;the NEPT conditions&#8217;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(8)</p></td><td><p>In order to determine whether the applicant fulfilled the conditions, the Commission first sent a questionnaire to the applicant requesting evidence showing that it met the NEPT conditions.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(9)</p></td><td><p>Following the analysis of the questionnaire reply, the Commission requested further information and supporting evidence, which was submitted by the applicant.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(10)</p></td><td><p>The Commission sought to verify all information it deemed necessary for the purpose of determining whether the applicant met the NEPT conditions. To this end, the Commission analysed the evidence submitted by the applicant in its questionnaire and deficiency letters replies; consulted various online databases, including Orbis&#160;<a>(<span>5</span>)</a>, D&amp;B&#160;<a>(<span>6</span>)</a>, and Qichacha&#160;<a>(<span>7</span>)</a>; and cross-checked company information with information submitted in previous cases. In parallel, the Commission also informed the Union industry about the applicant&#8217;s request and invited it to provide any comments if needed. No comments from Union industry were received.</p></td></tr></tbody></table> C. ANALYSIS OF THE REQUEST <table><col/><col/><tbody><tr><td><p>(11)</p></td><td><p>With regard to the condition set out in Article&#160;2(a) of the Implementing Regulation (EU)&#160;2019/1198 that the applicant did not export the product concerned to the Union during the period of investigation on which the measures are based, that is from 1&#160;January 2011 to 31&#160;December 2011 (&#8216;the original investigation period&#8217;), during the investigation the Commission established that the applicant did not exist at the time. The business and export licences confirmed December 2019 as the date of the establishment of the applicant and this was also cross-checked with other publicly available sources. Therefore, the applicant could not have exported the product concerned to the Union during the period of investigation.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(12)</p></td><td><p>Consequently, the Commission concluded that the applicant complies with the condition set out in Article&#160;2(a) of Implementing Regulation (EU)&#160;2019/1198.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(13)</p></td><td><p>With regard to the condition set out in Article&#160;2(b) of Implementing Regulation (EU)&#160;2019/1198 that the applicant is not related to an exporting producer that exported the product concerned to the Union in the original investigation period, during the investigation the Commission established that according to the applicant&#8217;s questionnaire and deficiency letter replies, the two shareholders of M&amp;G hold respectively 60&#160;% and&#160;40&#160;% of the shares. This was confirmed by Qichacha. The investigation confirmed that one of the shareholders did not have any link with other companies subject to the above-mentioned anti-dumping measures. The second shareholder was active in four other companies in the industry since 1995, of which three no longer exist. As far as the still existing company is concerned, after clarifications made through replies to deficiency letters as well as further investigation, this shareholder was not found to have links with producers subject to the original anti-dumping measures. Thus, the Commission did not identify any relationship as defined by Commission Implementing Regulation (EU)&#160;2015/2447&#160;<a>(<span>8</span>)</a>.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(14)</p></td><td><p>Consequently, the Commission concluded that the applicant complies with the condition set out in Article&#160;2(b) of Implementing Regulation (EU)&#160;2019/1198.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(15)</p></td><td><p>With regard to the condition set out in Article&#160;2(c) of Implementing Regulation (EU)&#160;2019/1198, that the applicant has actually exported the product concerned to the Union after the original investigation period or has entered into an irrevocable contractual obligation to export a significant quantity to the Union, during the investigation the Commission established that M&amp;G first exported to the Union (Spain) in April 2020, therefore after the original investigation period. The applicant provided the order, the invoice, the packing list, the customs declaration form, the bill of lading and bank payment documents. The products of the order were also identified on the website of the EU importer.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(16)</p></td><td><p>Consequently, the Commission concluded that the applicant complies with the condition set out in Article&#160;2(c) of Implementing Regulation (EU)&#160;2019/1198.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(17)</p></td><td><p>Accordingly, the applicant fulfils all three conditions to be granted NEPT, as set out in Article&#160;2 of Implementing Regulation (EU)&#160;2019/1198 and the request should therefore be accepted. Consequently, the applicant should be subject to an anti-dumping duty of 17,9&#160;% for cooperating companies not included in the sample of the original investigation.</p></td></tr></tbody></table> D. DISCLOSURE <table><col/><col/><tbody><tr><td><p>(18)</p></td><td><p>The applicant and the Union industry were informed of the essential facts and considerations based on which it was considered appropriate to grant the anti-dumping duty rate applicable to the cooperating companies not included in the sample of the original investigation to Shenzhen M&amp;G Ceramics Co., Ltd. (&#8220;M&amp;G&#8221;).</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(19)</p></td><td><p>The parties were granted the possibility to submit comments. No comments were received.</p></td></tr></tbody></table> <table><col/><col/><tbody><tr><td><p>(20)</p></td><td><p>The Regulation is in accordance with the opinion of the Committee established by Article&#160;15(1) of the basic Regulation,</p></td></tr></tbody></table> HAS ADOPTED THIS REGULATION: Article 1 The following company is added to Annex 1 of Implementing Regulation (EU) 2019/2131 containing the list of cooperating companies not included in the sample: <table><col/><col/><tbody><tr><td><p>Company</p></td><td><p>TARIC additional code</p></td></tr><tr><td><p>&#8216;Shenzhen M&amp;G Ceramics Co., Ltd.</p></td><td><p>C932&#8217;</p></td></tr></tbody></table> 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, 3 August 2023. For the Commission The President Ursula VON DER LEYEN <note> ( 1 ) OJ L 176, 30.6.2016, p. 21 . ( 2 ) OJ L 189, 15.7.2019, p. 8 . ( 3 ) Council Implementing Regulation (EU) No 412/2013 of 13 May 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of ceramic tableware and kitchenware originating in the People’s Republic of China ( OJ L 131, 15.5.2013, p. 1 ). ( 4 ) Commission Implementing Regulation (EU) 2019/2131 of 28 November 2019 amending Implementing Regulation (EU) 2019/1198 imposing a definitive anti-dumping duty on imports of ceramic tableware and kitchenware originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council ( OJ L 321, 12.12.2019, p. 139 ). ( 5 ) Orbis is a global data provider of corporate information covering more than 220 million companies across the globe. It mainly provides standardised information on private companies and corporate structures. ( 6 ) Dun and Bradstreet (D&B) software solution provides commercial data, analytics, and insights for businesses on private companies and corporate structures. ( 7 ) Qichacha is a private, for-profit Chinese-owned database that delivers business data, credit information, and analytics on China-based private and public companies to consumers/professionals. ( 8 ) Article 127 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code ( OJ L 343, 29.12.2015, p. 558 ) (the EU Customs Code), stipulates that two persons shall be deemed to be related if one of the following conditions is fulfilled: (a) they are officers or directors of the other person’s business; (b) they are legally recognised partners in business; (c) they are employer and employee; (d) a third party directly or indirectly owns or controls or holds 5 % or more of the outstanding voting stock or shares of both of them; (e) one of them directly or indirectly controls the other; (f) both of them are directly or indirectly controlled by a third person; (g) together they control a third person directly or indirectly; (h) they are members of the same family. Persons who are associated in business with one another in that one is the sole agent, sole distributor or sole concessionaire, however described, of the other shall be deemed to be related only if they fall within the criteria referred to in the preceding sentence. </note>
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32023R1596
02018R0196 — EN — 01.05.2018 — 001.001 This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document <table><col/><col/><tr><td><p><a>&#9658;B</a></p></td><td><p>REGULATION (EU) 2018/196 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL</p><p>of 7&#160;February 2018</p><p>on additional customs duties on imports of certain products originating in the United States of America</p><p><a>(codification)</a></p><p>(OJ L 044 16.2.2018, p. 1)</p></td></tr></table> Amended by: <table><col/><col/><col/><col/><col/><tr><td><p>&#160;</p></td><td><p>&#160;</p></td><td><p>Official Journal</p></td></tr><tr><td><p>&#160;&#160;No</p></td><td><p>page</p></td><td><p>date</p></td></tr><tr><td><p><a>&#9658;M1</a></p></td><td><p><a>COMMISSION DELEGATED REGULATION (EU) 2018/632&#160;of 19&#160;February 2018</a></p></td><td><p>&#160;&#160;L&#160;105</p></td><td><p>3</p></td><td><p>25.4.2018</p></td></tr></table> REGULATION (EU) 2018/196 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 February 2018 on additional customs duties on imports of certain products originating in the United States of America (codification) Article 1 The tariff concessions and related obligations under GATT 1994 of the Union shall be suspended in respect of products originating in the United States listed in Annex I to this Regulation. Article 2 An ad valorem duty of 0,3 % additional to the customs duty applicable under Regulation (EU) No 952/2013 ( 1 ) shall be imposed on the products originating in the United States of America listed in Annex I to this Regulation. Article 3 1. The Commission shall adjust the level of suspension annually to the level of nullification or impairment caused by the United States' Continued Dumping and Subsidy Offset Act (‘CDSOA’) to the Union at that time. The Commission shall amend the rate of the additional import duty or the list in Annex I under the following conditions: (a) the level of nullification or impairment shall be equal to 72 % of the amount of disbursements under the CDSOA relating to anti-dumping and countervailing duties paid on imports from the Union for the most recent year for which data are available at that time, as published by the United States' authorities; (b) the amendment shall be such that the effect of the additional import duty on imports of the selected products originating in the United States represents, over one year, a value of trade that does not exceed the level of nullification or impairment; (c) except in circumstances set out in point (e), when the level of suspension increases, the Commission shall add products to the list in Annex I; those products shall be selected from the list in Annex II following the order of that list; (d) except in circumstances set out in point (e), when the level of suspension decreases, products shall be withdrawn from the list in Annex I; the Commission shall remove, first, products that were in the list in Annex II on 1 May 2005 and were added to the list in Annex I at a later stage; the Commission shall then remove products that were in the list in Annex I on 1 May 2005 following the order of that list; (e) the Commission shall amend the rate of the additional import duty when the level of suspension cannot be adjusted to the level of nullification or impairment by adding or removing products from the list in Annex I. 2. When products are added to the list in Annex I, the Commission shall, at the same time, amend the list in Annex II by removing those products from that list. The order of the products remaining in the list in Annex II shall not be modified. 3. The Commission shall be empowered to adopt delegated acts in accordance with Article 4 to make the adjustments and amendments referred to in paragraphs 1 and 2 of this Article. Where information on the amount of disbursements made by the United States is made available late in the year, in such a way that it is not possible to meet WTO and statutory deadlines by using the procedure provided for in Article 4, and where, in the case of adjustments and amendments to the Annexes, imperative grounds of urgency so require, the procedure provided for in Article 5 shall apply to delegated acts adopted pursuant to the first subparagraph. Article 4 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 3(3) shall be conferred on the Commission for a period of five years from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(3) 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 5 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 4(6). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council. Article 6 The origin of any product to which this Regulation applies shall be determined in accordance with Regulation (EU) No 952/2013. Article 7 1. Products listed in Annex I for which an import licence with an exemption from, or a reduction of, duty was issued before 30 April 2005 shall not be subject to the additional import duty. 2. Products listed in Annex I which are admitted free of import duties pursuant to Council Regulation (EC) No 1186/2009 ( 2 ) shall not be subject to the additional import duty. Article 8 Regulation (EC) No 673/2005 is repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV. 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. ANNEX I The products on which additional duties are to apply are classified under the eight-digit CN codes and match the given descriptions. <table><col/><col/><tbody><tr><td><p>0710&#160;40&#160;00</p></td><td><p>Sweetcorn</p></td></tr><tr><td><p>6204&#160;62&#160;31</p></td><td><p>Women's or girl's trousers and breeches, other than industrial and occupational, of denim cotton</p></td></tr><tr><td><p>8705&#160;10&#160;00</p></td><td><p>Crane lorries</p></td></tr><tr><td><p>ex&#160;9003&#160;19&#160;00</p></td><td><p>Frames and mountings for spectacles, goggles or the like, of base metal</p></td></tr></tbody></table> ANNEX II The products in this Annex are identified by their eight-digit CN codes. The description of products classified under these codes can be found in Annex I to Regulation (EEC) No 2658/87. ANNEX III Repealed Regulation with list of its successive amendments <table><col/><col/><tbody><tr><td><p>Council Regulation (EC) No 673/2005</p><p>(OJ L&#160;110, 30.4.2005, p.&#160;1).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Regulation (EC) No 632/2006</p><p>(OJ L&#160;111, 25.4.2006, p.&#160;5).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Regulation (EC) No 409/2007</p><p>(OJ L&#160;100, 17.4.2007, p.&#160;16).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Regulation (EC) No 283/2008</p><p>(OJ L&#160;86, 28.3.2008, p.&#160;19).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Regulation (EC) No 317/2009</p><p>(OJ L&#160;100, 18.4.2009, p.&#160;6).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Regulation (EU) No 305/2010</p><p>(OJ L&#160;94, 15.4.2010, p.&#160;15).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 311/2011</p><p>(OJ L&#160;86, 1.4.2011, p.&#160;51).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 349/2013</p><p>(OJ L&#160;108, 18.4.2013, p.&#160;6).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Regulation (EU) No 37/2014 of the European Parliament and of the Council</p><p>(OJ L&#160;18, 21.1.2014, p.&#160;1).</p></td><td><p>Only point 11 of the Annex</p></td></tr><tr><td><p>Regulation (EU) No 38/2014 of the European Parliament and of the Council</p><p>(OJ L&#160;18, 21.1.2014, p.&#160;52).</p></td><td><p>Only point 4 of the Annex</p></td></tr><tr><td><p>Commission Implementing Regulation (EU) No 303/2014</p><p>(OJ L&#160;90, 26.3.2014, p.&#160;6).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Delegated Regulation (EU) 2015/675</p><p>(OJ L&#160;111, 30.4.2015, p.&#160;16).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Delegated Regulation (EU) 2016/654</p><p>(OJ L&#160;114, 28.4.2016, p.&#160;1).</p></td><td><p>&#160;</p><div/></td></tr><tr><td><p>Commission Delegated Regulation (EU) 2017/750</p><p>(OJ L&#160;113, 29.4.2017, p.&#160;12).</p></td><td><p>&#160;</p><div/></td></tr></tbody></table> ANNEX IV Correlation Table <table><col/><col/><tbody><tr><td><p>Regulation (EC) No 673/2005</p></td><td><p>This Regulation</p></td></tr><tr><td><p>Articles 1 to 4</p></td><td><p>Articles 1 to 4</p></td></tr><tr><td><p>Article 4a</p></td><td><p>Article 5</p></td></tr><tr><td><p>Article 5</p></td><td><p>Article 6</p></td></tr><tr><td><p>Article 6(1)</p></td><td><p>Article 7(1)</p></td></tr><tr><td><p>Article 6(2)</p></td><td><p>&#8212;</p></td></tr><tr><td><p>Article 6(3)</p></td><td><p>Article 7(2)</p></td></tr><tr><td><p>Article 6(4)</p></td><td><p>&#8212;</p></td></tr><tr><td><p>&#8212;</p></td><td><p>Article 8</p></td></tr><tr><td><p>Article 8</p></td><td><p>Article 9</p></td></tr><tr><td><p>Annex I</p></td><td><p>Annex I</p></td></tr><tr><td><p>Annex II</p></td><td><p>Annex II</p></td></tr><tr><td><p>&#8212;</p></td><td><p>Annex III</p></td></tr><tr><td><p>&#8212;</p></td><td><p>Annex IV</p></td></tr></tbody></table> <note> ( 1 ) OJ L 269, 10.10.2013, p. 1. ( 2 ) Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (OJ L 324, 10.12.2009, p. 23). </note>
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02018R0196-20180501