# Official Journal L 74/2015

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 74 |
| | |
| English edition | Legislation | Volume 5818 March 2015 |

ISSN 1977-0677

Official Journal

of the European Union

L 74

English edition

Legislation

Volume 5818 March 2015

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2015/445 of 17 March 2015 amending Regulation (EU) No 1178/2011 as regards technical requirements and administrative procedures related to civil aviation aircrew (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2015/446 of 17 March 2015 amending Regulation (EU) No 37/2010 as regards the substance barium selenate (
  1
  ) | 18 |
| | * | Commission Implementing Regulation (EU) 2015/447 of 17 March 2015 on the division between deliveries and direct sales of national milk quotas fixed for 2014/2015 in Annex IX to Council Regulation (EC) No 1234/2007 | 21 |
| | * | Commission Implementing Regulation (EU) 2015/448 of 17 March 2015 establishing specific animal health rules for the introduction into the Union of certain products of animal origin from Japan destined for EXPO Milano 2015 (
  1
  ) | 24 |
| | | Commission Implementing Regulation (EU) 2015/449 of 17 March 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables | 29 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2015/450 of 16 March 2015 laying down test requirements for Member States integrating into the second generation Schengen Information System (SIS II) or changing substantially their directly related national systems
  (notified under document C(2015) 1612) | 31 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2015/445 of 17 March 2015 amending Regulation (EU) No 1178/2011 as regards technical requirements and administrative procedures related to civil aviation aircrew (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2015/446 of 17 March 2015 amending Regulation (EU) No 37/2010 as regards the substance barium selenate (
  1
  )

1

18

*

Commission Implementing Regulation (EU) 2015/447 of 17 March 2015 on the division between deliveries and direct sales of national milk quotas fixed for 2014/2015 in Annex IX to Council Regulation (EC) No 1234/2007

21

*

Commission Implementing Regulation (EU) 2015/448 of 17 March 2015 establishing specific animal health rules for the introduction into the Union of certain products of animal origin from Japan destined for EXPO Milano 2015 (
  1
  )

1

24

Commission Implementing Regulation (EU) 2015/449 of 17 March 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

29

DECISIONS

*

Commission Implementing Decision (EU) 2015/450 of 16 March 2015 laying down test requirements for Member States integrating into the second generation Schengen Information System (SIS II) or changing substantially their directly related national systems
  (notified under document C(2015) 1612)

(notified under document C(2015) 1612)

31

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 18.3.2015 | EN | Official Journal of the European Union | L 74/1 |
| --- | --- | --- | --- |

18.3.2015

EN

Official Journal of the European Union

L 74/1

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COMMISSION REGULATION (EU) 2015/445

of 17 March 2015

amending Regulation (EU) No 1178/2011 as regards technical requirements and administrative procedures related to civil aviation aircrew

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Articles 7(6) and 8(5),

Whereas:

| (1) | Commission Regulation (EU) No 1178/2011 (2) lays down the technical and administrative procedures related to civil aviation aircrew. |
| --- | --- |

(1)

Commission Regulation (EU) No 1178/2011 (2) lays down the technical and administrative procedures related to civil aviation aircrew.

| (2) | Some Member States have found that certain requirements of Regulation (EU) No 1178/2011 place an undue and disproportionate administrative or economic burden on themselves or on stakeholders and have notified their intention to grant approval for derogations from certain requirements in accordance with Article 14(6) of Regulation (EC) No 216/2008. |
| --- | --- |

(2)

Some Member States have found that certain requirements of Regulation (EU) No 1178/2011 place an undue and disproportionate administrative or economic burden on themselves or on stakeholders and have notified their intention to grant approval for derogations from certain requirements in accordance with Article 14(6) of Regulation (EC) No 216/2008.

| (3) | Those proposed approvals for derogations have been analysed by the European Aviation Safety Agency, which has resulted in a recommendation to the Commission on the compliance of the proposed approvals with the applicable conditions. |
| --- | --- |

(3)

Those proposed approvals for derogations have been analysed by the European Aviation Safety Agency, which has resulted in a recommendation to the Commission on the compliance of the proposed approvals with the applicable conditions.

| (4) | Member States and general aviation stakeholders have also identified certain requirements which are considered disproportionate to the activities involved and the associated risks. |
| --- | --- |

(4)

Member States and general aviation stakeholders have also identified certain requirements which are considered disproportionate to the activities involved and the associated risks.

| (5) | A number of editorial errors leading to unintended implementation difficulties have also been identified in Regulation (EU) No 1178/2011. |
| --- | --- |

(5)

A number of editorial errors leading to unintended implementation difficulties have also been identified in Regulation (EU) No 1178/2011.

| (6) | Therefore, the requirements set out in Regulation (EU) No 1178/2011 should be amended in order to introduce the derogations that have a clear rulemaking effect, to introduce certain alleviations for general aviation and to correct certain editorial errors. |
| --- | --- |

(6)

Therefore, the requirements set out in Regulation (EU) No 1178/2011 should be amended in order to introduce the derogations that have a clear rulemaking effect, to introduce certain alleviations for general aviation and to correct certain editorial errors.

| (7) | In addition, on the basis of feedback from Member States and stakeholders it has been found that the requirements of Annex VII of Regulation (EU) No 1178/2011 may be disproportionate to the activity and associated risk of training organisations providing training only for the light aircraft pilot licence, private pilot licence, balloon pilot licence and sailplane pilot licence. |
| --- | --- |

(7)

In addition, on the basis of feedback from Member States and stakeholders it has been found that the requirements of Annex VII of Regulation (EU) No 1178/2011 may be disproportionate to the activity and associated risk of training organisations providing training only for the light aircraft pilot licence, private pilot licence, balloon pilot licence and sailplane pilot licence.

| (8) | Member States and stakeholders agree that there is therefore a general need to allow more time to develop a more appropriate set of rules for general aviation activities which are better suited to the activities of this aviation sector without reducing safety standards. |
| --- | --- |

(8)

Member States and stakeholders agree that there is therefore a general need to allow more time to develop a more appropriate set of rules for general aviation activities which are better suited to the activities of this aviation sector without reducing safety standards.

| (9) | Moreover, to allow the necessary time to develop those rules, the date of application of the provisions of Annex VII to Regulation (EU) No 1178/2011 for training organisations providing training only for national licences that are eligible for conversion into Part-FCL light aircraft pilot licences, balloon pilot licences and sailplane pilot licences should be postponed to 8 April 2018. |
| --- | --- |

(9)

Moreover, to allow the necessary time to develop those rules, the date of application of the provisions of Annex VII to Regulation (EU) No 1178/2011 for training organisations providing training only for national licences that are eligible for conversion into Part-FCL light aircraft pilot licences, balloon pilot licences and sailplane pilot licences should be postponed to 8 April 2018.

| (10) | Regulation (EU) No 1178/2011 should therefore be amended accordingly. |
| --- | --- |

(10)

Regulation (EU) No 1178/2011 should therefore be amended accordingly.

| (11) | As Commission Regulation (EU) No 290/2012 (3), which amends Regulation (EU) No 1178/2011, contains an autonomous provision on the date of application of the provisions of Annexes VI and VII to Regulation (EU) No 1178/2011, it should also be amended in order to ensure legal certainty and clarity. |
| --- | --- |

(11)

As Commission Regulation (EU) No 290/2012 (3), which amends Regulation (EU) No 1178/2011, contains an autonomous provision on the date of application of the provisions of Annexes VI and VII to Regulation (EU) No 1178/2011, it should also be amended in order to ensure legal certainty and clarity.

| (12) | The measures provided for in this Regulation are in accordance with the Opinion of the European Aviation Safety Agency Committee established by Article 65 of Regulation (EC) No 216/2008, |
| --- | --- |

(12)

The measures provided for in this Regulation are in accordance with the Opinion of the European Aviation Safety Agency Committee established by Article 65 of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Article 1

Commission Regulation (EU) No 1178/2011 is amended as follows:

| (1) | in Article 8, paragraph 1 is replaced by the following:

  ‘1.   Without prejudice to Article 12 of Regulation (EC) No 216/2008 and where there are no agreements concluded between the Union and a third country covering pilot licensing, Member States may accept third country licences, ratings or certificates, and associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to this Regulation.’
  ; |
| --- | --- |

(1)

in Article 8, paragraph 1 is replaced by the following:

‘1.   Without prejudice to Article 12 of Regulation (EC) No 216/2008 and where there are no agreements concluded between the Union and a third country covering pilot licensing, Member States may accept third country licences, ratings or certificates, and associated medical certificates issued by or on behalf of third countries, in accordance with the provisions of Annex III to this Regulation.’

| (2) | in Article 10a, paragraph 3 is replaced by the following:

  ‘3.   JAR-compliant training organisations shall be allowed to provide training for a Part-FCL private pilot licence (PPL), for the associated ratings included in the registration and for a light aircraft pilot licence (LAPL) until 8 April 2018 without complying with the provisions of Annex VI and VII, provided that they were registered before 8 April 2015.’
  ; |
| --- | --- |

(2)

in Article 10a, paragraph 3 is replaced by the following:

‘3.   JAR-compliant training organisations shall be allowed to provide training for a Part-FCL private pilot licence (PPL), for the associated ratings included in the registration and for a light aircraft pilot licence (LAPL) until 8 April 2018 without complying with the provisions of Annex VI and VII, provided that they were registered before 8 April 2015.’

| (3) | Article 12 is amended as follows:






  (a) | paragraph 2 is replaced by the following:

  ‘2.   By way of derogation from paragraph 1, Member States may decide not to apply the following provisions of Annex I until 8 April 2015:






  (a) | the provisions related to pilot licences of powered-lift aircraft and airships; |
| --- | --- | --- | --- |

(3)

Article 12 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.   By way of derogation from paragraph 1, Member States may decide not to apply the following provisions of Annex I until 8 April 2015:

(a)

the provisions related to pilot licences of powered-lift aircraft and airships;

| (b) | the provisions of point FCL.820; |
| --- | --- |

(b)

the provisions of point FCL.820;

| (c) | in the case of helicopters, the provisions of Section 8 of Subpart J; |
| --- | --- |

(c)

in the case of helicopters, the provisions of Section 8 of Subpart J;

| (d) | the provisions of Section 11 of Subpart J.’ |
| --- | --- |

(d)

the provisions of Section 11 of Subpart J.’

| (b) | the following paragraph 2a is inserted:

  ‘2a.   By way of derogation from paragraph 1, Member States may decide not to apply the following provisions of Annex I until 8 April 2018:






  (a) | the provisions related to pilot licences of sailplanes and balloons; |
| --- | --- | --- |

(b)

the following paragraph 2a is inserted:

‘2a.   By way of derogation from paragraph 1, Member States may decide not to apply the following provisions of Annex I until 8 April 2018:

(a)

the provisions related to pilot licences of sailplanes and balloons;

| (b) | the provisions of Subpart B; |
| --- | --- |

(b)

the provisions of Subpart B;

| (c) | the provisions of points FCL.800, FCL.805, FCL.815; |
| --- | --- |

(c)

the provisions of points FCL.800, FCL.805, FCL.815;

| (d) | the provisions of Section 10 of Subpart J.’ |
| --- | --- |

(d)

the provisions of Section 10 of Subpart J.’

| (c) | paragraph 4 is replaced by the following:

  ‘4.   By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation until 8 April 2016 to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of aircraft as specified in Article 4(1)(b) or (c) of Regulation (EC) No 216/2008.’
  ; |
| --- | --- |

(c)

paragraph 4 is replaced by the following:

‘4.   By way of derogation from paragraph 1, Member States may decide not to apply the provisions of this Regulation until 8 April 2016 to pilots holding a licence and associated medical certificate issued by a third country involved in the non-commercial operation of aircraft as specified in Article 4(1)(b) or (c) of Regulation (EC) No 216/2008.’

| (4) | Annexes I, II, III, VI and VII are amended in accordance with the Annexes to this Regulation. |
| --- | --- |

(4)

Annexes I, II, III, VI and VII are amended in accordance with the Annexes to this Regulation.

Article 2

In Commission Regulation (EU) No 290/2012, in Article 2, paragraph 2, point (f) is deleted.

Article 3

1.   This Regulation shall enter into force on 8 April 2015.

2.   By way of derogation from paragraph 1, the amendments to the provisions in FCL315.A, FCL.410.A, FCL.725.A of Annex I shall apply from 8 April 2018.

3.   By way of derogation from paragraph 1, Member States may decide not to apply the provisions of Annexes VI and VII to a training organisation providing training only for a national licence that is eligible in accordance with Article 4(3) of Regulation (EU) No 1178/2011, for conversion into a Part-FCL light aircraft pilot licence (LAPL), sailplane pilot licence (SPL) or balloon pilot licence (BPL) until 8 April 2018.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 March 2015.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 79, 19.3.2008, p. 1.

1

(2)  Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 311, 25.11.2011, p. 1).

2

(3)  Commission Regulation (EU) No 290/2012 of 30 March 2012 amending Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council) (OJ L 100, 5.4.2012, p. 1).

3

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ANNEX I

Annex I to Regulation (EU) No 1178/2011 is amended as follows:

| (1) | FCL.065 is replaced by the following:


  ‘FCL.065   Curtailment of privileges of licence holders aged 60 years or more in commercial air transport







  (a) | Age 60-64. Aeroplanes and helicopters. The holder of a pilot licence who has attained the age of 60 years shall not act as a pilot of an aircraft engaged in commercial air transport except as a member of a multi-pilot crew. |
| --- | --- | --- |

(1)

FCL.065 is replaced by the following:

‘FCL.065   Curtailment of privileges of licence holders aged 60 years or more in commercial air transport

(a)

Age 60-64. Aeroplanes and helicopters. The holder of a pilot licence who has attained the age of 60 years shall not act as a pilot of an aircraft engaged in commercial air transport except as a member of a multi-pilot crew.

| (b) | Age 65. Except in the case of a holder of a balloon or sailplane pilot licence, the holder of a pilot licence who has attained the age of 65 years shall not act as a pilot of an aircraft engaged in commercial air transport. |
| --- | --- |

(b)

Age 65. Except in the case of a holder of a balloon or sailplane pilot licence, the holder of a pilot licence who has attained the age of 65 years shall not act as a pilot of an aircraft engaged in commercial air transport.

| (c) | Age 70. The holder of a balloon or sailplane pilot licence who has attained the age of 70 years shall not act as a pilot of a balloon or a sailplane engaged in commercial air transport.’ |
| --- | --- |

(c)

Age 70. The holder of a balloon or sailplane pilot licence who has attained the age of 70 years shall not act as a pilot of a balloon or a sailplane engaged in commercial air transport.’

| (2) | FCL.105.B is replaced by the following:


  ‘FCL.105.B   LAPL(B) — Privileges

  The privileges of the holder of an LAPL for balloons are to act as PIC on hot-air balloons or hot-air airships with a maximum of 3 400 m3 envelope capacity or gas balloons with a maximum of 1 260 m3 envelope capacity, carrying a maximum of 3 passengers, such that there are never more than 4 persons on board of the balloon.’ |
| --- | --- |

(2)

FCL.105.B is replaced by the following:

‘FCL.105.B   LAPL(B) — Privileges

The privileges of the holder of an LAPL for balloons are to act as PIC on hot-air balloons or hot-air airships with a maximum of 3 400 m3 envelope capacity or gas balloons with a maximum of 1 260 m3 envelope capacity, carrying a maximum of 3 passengers, such that there are never more than 4 persons on board of the balloon.’

| (3) | In FCL.210.A, point (a) is replaced by the following;






  ‘(a) | Applicants for a PPL(A) shall have completed at least 45 hours of flight instruction in aeroplanes or TMGs, 5 of which may have been completed in an FSTD, including at least:






  (1) | 25 hours of dual flight instruction; and |
| --- | --- | --- | --- |

(3)

In FCL.210.A, point (a) is replaced by the following;

‘(a)

Applicants for a PPL(A) shall have completed at least 45 hours of flight instruction in aeroplanes or TMGs, 5 of which may have been completed in an FSTD, including at least:

(1)

25 hours of dual flight instruction; and

| (2) | 10 hours of supervised solo flight time, including at least 5 hours of solo cross-country flight time with at least 1 cross-country flight of at least 270 km (150 NM), during which full stop landings at 2 aerodromes different from the aerodrome of departure shall be made.’ |
| --- | --- |

(2)

10 hours of supervised solo flight time, including at least 5 hours of solo cross-country flight time with at least 1 cross-country flight of at least 270 km (150 NM), during which full stop landings at 2 aerodromes different from the aerodrome of departure shall be made.’

| (4) | FCL.230.B is replaced by the following:


  ‘FCL.230.B   BPL — Recency requirements







  (a) | Holders of a BPL shall only exercise the privileges of their licence when they have completed in one class of balloons in the last 24 months at least:






  (1) | 6 hours of flight time as PIC, including 10 take-offs and landings; and |
| --- | --- | --- | --- |

(4)

FCL.230.B is replaced by the following:

‘FCL.230.B   BPL — Recency requirements

(a)

Holders of a BPL shall only exercise the privileges of their licence when they have completed in one class of balloons in the last 24 months at least:

(1)

6 hours of flight time as PIC, including 10 take-offs and landings; and

| (2) | 1 training flight with an instructor in a balloon within the appropriate class; |
| --- | --- |

(2)

1 training flight with an instructor in a balloon within the appropriate class;

| (3) | in addition, in the case of pilots qualified to fly more than one class of balloons, in order to exercise their privileges in the other class, they shall have completed at least 3 hours of flight time on that class within the last 24 months, including 3 take-offs and landings. |
| --- | --- |

(3)

in addition, in the case of pilots qualified to fly more than one class of balloons, in order to exercise their privileges in the other class, they shall have completed at least 3 hours of flight time on that class within the last 24 months, including 3 take-offs and landings.

| (b) | Holders of a BPL shall only operate a balloon of the same a group of the balloon in which the training flight is completed or a balloon of a group with a smaller envelope size; |
| --- | --- |

(b)

Holders of a BPL shall only operate a balloon of the same a group of the balloon in which the training flight is completed or a balloon of a group with a smaller envelope size;

| (c) | Holders of a BPL who do not comply with the requirements in (a) shall, before they resume the exercise of their privileges:






  (1) | pass a proficiency check with an examiner in a balloon within the appropriate class; or |
| --- | --- | --- |

(c)

Holders of a BPL who do not comply with the requirements in (a) shall, before they resume the exercise of their privileges:

(1)

pass a proficiency check with an examiner in a balloon within the appropriate class; or

| (2) | perform the additional flight time or take-offs and landings, flying dual or solo under the supervision of an instructor, in order to fulfil the requirements in (a). |
| --- | --- |

(2)

perform the additional flight time or take-offs and landings, flying dual or solo under the supervision of an instructor, in order to fulfil the requirements in (a).

| (d) | In the case of (c)(1) the holder of the BPL shall only operate a balloon of the same group of the balloon in which the proficiency check is completed or a balloon of a group with a smaller envelope size.’ |
| --- | --- |

(d)

In the case of (c)(1) the holder of the BPL shall only operate a balloon of the same group of the balloon in which the proficiency check is completed or a balloon of a group with a smaller envelope size.’

| (5) | In Section 2 ‘Specific requirements for the aeroplane category’ in subpart D, the following point FCL.315.A CPL — Training course is added:


  ‘FCL.315.A   CPL — Training course

  Theoretical knowledge and flight instruction for the issue of a CPL(A) shall include upset prevention and recovery training.’ |
| --- | --- |

(5)

In Section 2 ‘Specific requirements for the aeroplane category’ in subpart D, the following point FCL.315.A CPL — Training course is added:

‘FCL.315.A   CPL — Training course

Theoretical knowledge and flight instruction for the issue of a CPL(A) shall include upset prevention and recovery training.’

| (6) | In FCL.410.A, point (a) is replaced by the following:






  ‘(a) | Course. An applicant for an MPL shall have completed a training course of theoretical knowledge and flight instruction at an ATO in accordance with Appendix 5 to this Part. Theoretical knowledge and flight instruction for the issue of an MPL shall include upset prevention and recovery training.’ |
| --- | --- | --- |

(6)

In FCL.410.A, point (a) is replaced by the following:

‘(a)

| (7) | In FCL.725.A, the following point (c) is added:






  ‘(c) | Multi-pilot aeroplanes. The training course for the issue of a multi-pilot aeroplane type rating shall include theoretical knowledge and flight instruction in upset prevention and recovery.’ |
| --- | --- | --- |

(7)

In FCL.725.A, the following point (c) is added:

‘(c)

| (8) | In FCL.740.A, point (b) is replaced by the following:






  ‘(b) | Revalidation of single-pilot single-engine class ratings.






  (1) | Single-engine piston aeroplane class ratings and TMG ratings. For revalidation of single-pilot single-engine piston aeroplane class ratings or TMG class ratings the applicant shall:






  (i) | within the 3 months preceding the expiry date of the rating, pass a proficiency check in the relevant class in accordance with Appendix 9 to this Part with an examiner; or |
| --- | --- | --- | --- | --- |

(8)

In FCL.740.A, point (b) is replaced by the following:

‘(b)

(1)

Single-engine piston aeroplane class ratings and TMG ratings. For revalidation of single-pilot single-engine piston aeroplane class ratings or TMG class ratings the applicant shall:

(i)

within the 3 months preceding the expiry date of the rating, pass a proficiency check in the relevant class in accordance with Appendix 9 to this Part with an examiner; or

| (ii) | within the 12 months preceding the expiry date of the rating, complete 12 hours of flight time in the relevant class, including:






  — | 6 hours as PIC, |
| --- | --- | --- |

(ii)

within the 12 months preceding the expiry date of the rating, complete 12 hours of flight time in the relevant class, including:

—

6 hours as PIC,

| — | 12 take-offs and 12 landings, and |
| --- | --- |

—

12 take-offs and 12 landings, and

| — | refresher training of at least 1 hour of total flight time with a flight instructor (FI) or a class rating instructor (CRI). Applicants shall be exempted from this refresher training if they have passed a class or type rating proficiency check, skill test or assessment of competence in any other class or type of aeroplane. |
| --- | --- |

—

refresher training of at least 1 hour of total flight time with a flight instructor (FI) or a class rating instructor (CRI). Applicants shall be exempted from this refresher training if they have passed a class or type rating proficiency check, skill test or assessment of competence in any other class or type of aeroplane.

| (2) | When applicants hold both a single-engine piston aeroplane-land class rating and a TMG rating, they may complete the requirements of (1) in either class or a combination thereof, and achieve revalidation of both ratings. |
| --- | --- |

(2)

When applicants hold both a single-engine piston aeroplane-land class rating and a TMG rating, they may complete the requirements of (1) in either class or a combination thereof, and achieve revalidation of both ratings.

| (3) | Single-pilot single-engine turbo-prop aeroplanes. For revalidation of single-engine turbo-prop class ratings applicants shall pass a proficiency check on the relevant class in accordance with Appendix 9 to this Part with an examiner, within the 3 months preceding the expiry date of the rating. |
| --- | --- |

(3)

Single-pilot single-engine turbo-prop aeroplanes. For revalidation of single-engine turbo-prop class ratings applicants shall pass a proficiency check on the relevant class in accordance with Appendix 9 to this Part with an examiner, within the 3 months preceding the expiry date of the rating.

| (4) | When applicants hold both a single-engine piston aeroplane-land class rating and a single-engine piston aeroplane-sea class rating, they may complete the requirements of (1)(ii) in either class or a combination thereof, and achieve the fulfilment of these requirements for both ratings. At least 1 hour of required PIC time and 6 of the required 12 take-offs and landings shall be completed in each class.’ |
| --- | --- |

(4)

When applicants hold both a single-engine piston aeroplane-land class rating and a single-engine piston aeroplane-sea class rating, they may complete the requirements of (1)(ii) in either class or a combination thereof, and achieve the fulfilment of these requirements for both ratings. At least 1 hour of required PIC time and 6 of the required 12 take-offs and landings shall be completed in each class.’

| (9) | In FCL.825, in point (g), paragraph (6) is replaced by the following:






  ‘(6) | For a multi-engine EIR, the proficiency check for the revalidation or renewal, and the training flight required in point (g)(2)(ii) have to be completed in a multi-engine aeroplane. If the pilot also holds a single-engine EIR, this proficiency check shall also achieve revalidation or renewal of the single-engine EIR. The training flight completed in a multi-engine aeroplane shall also fulfil the training flight requirement for the single-engine EIR.’ |
| --- | --- | --- |

(9)

In FCL.825, in point (g), paragraph (6) is replaced by the following:

‘(6)

| (10) | In FCL.915, the following point (d) is added:






  ‘(d) | Credit for extension to further types shall take into account the relevant elements as defined in the operational suitability data in accordance with Part-21.’ |
| --- | --- | --- |

(10)

In FCL.915, the following point (d) is added:

‘(d)

| (11) | The following point FCL.945 is added:


  ‘FCL.945   Obligations for instructors

  Upon completion of the training flight for the revalidation of an SEP or TMG class rating in accordance with FCL.740.A (b)(1) and only in the event of fulfilment of all the other revalidation criteria required by FCL.740.A (b)(1) the instructor shall endorse the applicant's licence with the new expiry date of the rating or certificate, if specifically authorised for that purpose by the competent authority responsible for the applicant's licence.’ |
| --- | --- |

(11)

The following point FCL.945 is added:

‘FCL.945   Obligations for instructors

Upon completion of the training flight for the revalidation of an SEP or TMG class rating in accordance with FCL.740.A (b)(1) and only in the event of fulfilment of all the other revalidation criteria required by FCL.740.A (b)(1) the instructor shall endorse the applicant's licence with the new expiry date of the rating or certificate, if specifically authorised for that purpose by the competent authority responsible for the applicant's licence.’

| (12) | FCL.910.TRI is amended as follows:






  (a) | point (b) is replaced by the following:






  ‘(b) | TRI for aeroplanes and for powered-lift aircraft — TRI(A) and TRI(PL). The privileges of a TRI are restricted to the type of aeroplane or powered-lift aircraft in which the training and the assessment of competence was taken. Unless otherwise determined by in the operational suitability data established in accordance with Part-21, the privileges of the TRI shall be extended to further types when the TRI has:






  (1) | completed within the 12 months preceding the application, at least 15 route sectors, including take-offs and landings on the applicable aircraft type, of which 7 sectors may be completed in an FFS; |
| --- | --- | --- | --- | --- |

(12)

FCL.910.TRI is amended as follows:

(a)

point (b) is replaced by the following:

‘(b)

(1)

completed within the 12 months preceding the application, at least 15 route sectors, including take-offs and landings on the applicable aircraft type, of which 7 sectors may be completed in an FFS;

| (2) | completed the technical training and flight instruction parts of the relevant TRI course; |
| --- | --- |

(2)

completed the technical training and flight instruction parts of the relevant TRI course;

| (3) | passed the relevant sections of the assessment of competence in accordance with FCL.935 in order to demonstrate to an FIE or a TRE qualified in accordance with Subpart K his/her ability to instruct a pilot to the level required for the issue of a type rating, including pre-flight, post-flight and theoretical knowledge instruction.’ |
| --- | --- |

(3)

passed the relevant sections of the assessment of competence in accordance with FCL.935 in order to demonstrate to an FIE or a TRE qualified in accordance with Subpart K his/her ability to instruct a pilot to the level required for the issue of a type rating, including pre-flight, post-flight and theoretical knowledge instruction.’

| (b) | in point (c), paragraph 1 is replaced be the following:






  ‘(c) | TRI for helicopters — TRI(H).






  (1) | The privileges of a TRI(H) are restricted to the type of helicopter in which the skill test for the issue of the TRI certificate was taken. Unless otherwise determined by in the operational suitability data established in accordance with Part-21, the privileges of the TRI shall be extended to further types when the TRI has:






  (i) | completed the appropriate type technical part of the TRI course on the applicable type of helicopter or an FSTD representing that type; |
| --- | --- | --- | --- | --- |

(b)

in point (c), paragraph 1 is replaced be the following:

‘(c)

(1)

The privileges of a TRI(H) are restricted to the type of helicopter in which the skill test for the issue of the TRI certificate was taken. Unless otherwise determined by in the operational suitability data established in accordance with Part-21, the privileges of the TRI shall be extended to further types when the TRI has:

(i)

completed the appropriate type technical part of the TRI course on the applicable type of helicopter or an FSTD representing that type;

| (ii) | conducted at least 2 hours of flight instruction on the applicable type, under the supervision of an adequately qualified TRI(H); and |
| --- | --- |

(ii)

conducted at least 2 hours of flight instruction on the applicable type, under the supervision of an adequately qualified TRI(H); and

| (iii) | passed the relevant sections of the assessment of competence in accordance with FCL.935 in order to demonstrate to an FIE or TRE qualified in accordance with Subpart K his/her ability to instruct a pilot to the level required for the issue of a type rating, including pre-flight, post-flight and theoretical knowledge instruction.’ |
| --- | --- |

(iii)

passed the relevant sections of the assessment of competence in accordance with FCL.935 in order to demonstrate to an FIE or TRE qualified in accordance with Subpart K his/her ability to instruct a pilot to the level required for the issue of a type rating, including pre-flight, post-flight and theoretical knowledge instruction.’

| (13) | In FCL.905.CRI, in point (a), the following paragraph 3 is added:






  ‘(3) | extension of LAPL(A) privileges to another class or variant of aeroplane.’ |
| --- | --- | --- |

(13)

In FCL.905.CRI, in point (a), the following paragraph 3 is added:

‘(3)

| (14) | In FCL.1005, in point (a), paragraph 1 is replaced by the following:






  ‘(1) | to whom they have provided more than 25 % of the required flight instruction for the licence, rating or certificate for which the skill test or assessment of competence is being taken; or’ |
| --- | --- | --- |

(14)

In FCL.1005, in point (a), paragraph 1 is replaced by the following:

‘(1)

| (15) | In FCL.1005.CRE, the following point (c) is added:






  ‘(c) | skill tests for the extension of LAPL(A) privileges to another class or variant of aeroplane.’ |
| --- | --- | --- |

(15)

In FCL.1005.CRE, the following point (c) is added:

‘(c)

| (16) | Section A of Appendix 1 is amended as follows:






  (a) | the title is replaced by the following:
  ‘A.   CREDITING OF THEORETICAL KNOWLEDGE FOR THE ISSUE OF A PILOT LICENCE — BRIDGE INSTRUCTION AND EXAMINATION REQUIREMENTS’ |
| --- | --- | --- |

(16)

Section A of Appendix 1 is amended as follows:

(a)

the title is replaced by the following:

‘A.   CREDITING OF THEORETICAL KNOWLEDGE FOR THE ISSUE OF A PILOT LICENCE — BRIDGE INSTRUCTION AND EXAMINATION REQUIREMENTS’

| (b) | paragraph 1.2 is replaced by the following:






  ‘1.2. | Without prejudice to the paragraph above, for the issue of an LAPL, PPL, BPL or SPL, the holder of a licence in another category of aircraft shall receive theoretical knowledge instruction and pass theoretical knowledge examinations to the appropriate level in the following subjects:






  — | Principles of Flight, |
| --- | --- | --- | --- |

(b)

paragraph 1.2 is replaced by the following:

‘1.2.

—

Principles of Flight,

| — | Operational Procedures, |
| --- | --- |

—

Operational Procedures,

| — | Flight Performance and Planning, |
| --- | --- |

—

Flight Performance and Planning,

| — | Aircraft General Knowledge, |
| --- | --- |

—

Aircraft General Knowledge,

| — | Navigation.’ |
| --- | --- |

—

Navigation.’

| (c) | the following paragraph 1.4 is added:






  ‘1.4. | Notwithstanding paragraph 1.2, for the issue of an LAPL(A), the holder of an LAPL(S) with TMG extension shall demonstrate an adequate level of theoretical knowledge for the single-engine piston aeroplane-land class in accordance with FCL.135.A(a)(2).’ |
| --- | --- | --- |

(c)

the following paragraph 1.4 is added:

‘1.4.

| (17) | In Appendix 6, Section Aa is amended as follows:






  (a) | paragraph 1 is replaced by the following:






  ‘1. | The aim of the competency-based modular flying training course is to train PPL or CPL holders for the instrument rating, taking into account prior instrument flight instruction and experience. It is designed to provide the level of proficiency needed to operate aeroplanes under IFR and in IMC. The course shall be taken within an ATO or consist of a combination of instrument flight instruction provided by an IRI(A) or an FI(A) holding the privilege to provide training for the IR and flight instruction within an ATO.’ |
| --- | --- | --- | --- |

(17)

In Appendix 6, Section Aa is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

| (b) | paragraph 6 is amended as follows:






  (i) | in point (a)(i), (B) is replaced by the following;






  ‘(B) | prior experience of instrument flight time as PIC on aeroplanes, under a rating providing the privileges to fly under IFR and in IMC,’ |
| --- | --- | --- | --- |

(b)

paragraph 6 is amended as follows:

(i)

in point (a)(i), (B) is replaced by the following;

‘(B)

| (ii) | in point (b)(i), (B) is replaced by the following;






  ‘(B) | prior experience of instrument flight time as PIC on aeroplanes, under a rating giving the privileges to fly under IFR and in IMC,’ |
| --- | --- | --- |

(ii)

in point (b)(i), (B) is replaced by the following;

‘(B)

| (18) | In Section A of Appendix 9, paragraphs 4 and 5 are replaced by the following:






  ‘4. | Unless otherwise determined in the operational suitability data established in accordance with Part-21, the syllabus of flight instruction, the skill test and the proficiency check shall comply with this Appendix. The syllabus, skill test and proficiency check may be reduced to give credit for previous experience on similar aircraft types, as determined in the operational suitability data established in accordance with Part-21. |
| --- | --- | --- |

(18)

In Section A of Appendix 9, paragraphs 4 and 5 are replaced by the following:

‘4.

Unless otherwise determined in the operational suitability data established in accordance with Part-21, the syllabus of flight instruction, the skill test and the proficiency check shall comply with this Appendix. The syllabus, skill test and proficiency check may be reduced to give credit for previous experience on similar aircraft types, as determined in the operational suitability data established in accordance with Part-21.

| 5. | Except in the case of skill tests for the issue of an ATPL, when so defined in the operational suitability data established in accordance with Part-21 for the specific aircraft, credit may be given for skill test items common to other types or variants where the pilot is qualified.’ |
| --- | --- |

5.

Except in the case of skill tests for the issue of an ATPL, when so defined in the operational suitability data established in accordance with Part-21 for the specific aircraft, credit may be given for skill test items common to other types or variants where the pilot is qualified.’

---

ANNEX II

In Section A of Annex II to Regulation (EU) No 1178/2011, point (d) of paragraph 1 is replaced by the following:

| ‘(d) | comply with the requirements set out in the following table:










  National licence held | Total flying hours experience | Any further requirements | Replacement Part-FCL licence and conditions (where applicable) | Removal of conditions | |
| --- | --- | --- | --- | --- | --- | --- |
| (1) | (2) | (3) | (4) | (5) | |
| ATPL(A) | > 1 500 as PIC on multi-pilot aeroplanes | None | ATPL(A) | Not applicable | (a) |
| ATPL(A) | > 1 500 on multi-pilot aeroplanes | None | as in (c)(4) | as in (c)(5) | (b) |
| ATPL(A) | > 500 on multi-pilot aeroplanes | Demonstrate knowledge of flight planning and performance as required by FCL.515 | ATPL(A), with type rating restricted to co-pilot | Demonstrate ability to act as PIC as required by Appendix 9 to Part-FCL | (c) |
| CPL/IR(A) and passed an ICAO ATPL theory test in the Member State of licence issue | | (i) | demonstrate knowledge of flight planning and performance as required by FCL.310 and FCL.615(b) |

‘(d)

National licence held

Total flying hours experience

Any further requirements

Replacement Part-FCL licence and conditions (where applicable)

Removal of conditions

(1)

(2)

(3)

(4)

(5)

ATPL(A)

> 1 500 as PIC on multi-pilot aeroplanes

None

ATPL(A)

Not applicable

(a)

ATPL(A)

> 1 500 on multi-pilot aeroplanes

None

as in (c)(4)

as in (c)(5)

(b)

ATPL(A)

> 500 on multi-pilot aeroplanes

Demonstrate knowledge of flight planning and performance as required by FCL.515

ATPL(A), with type rating restricted to co-pilot

Demonstrate ability to act as PIC as required by Appendix 9 to Part-FCL

(c)

CPL/IR(A) and passed an ICAO ATPL theory test in the Member State of licence issue

(i)

demonstrate knowledge of flight planning and performance as required by FCL.310 and FCL.615(b)

| (ii) | meet remaining requirements of FCL.720.A(c) |
| --- | --- |

(ii)

meet remaining requirements of FCL.720.A(c)

CPL/IR(A) with ATPL theory credit

Not applicable

(d)

CPL/IR(A)

> 500 on multi-pilot aeroplanes, or in multi-pilot operations on single-pilot aeroplanes CS-23 commuter category or equivalent in accordance with the relevant requirements of Part-CAT and Part-ORO for commercial air transport

| (i) | pass an examination for ATPL(A) knowledge in the Member State of licence issue (*1) |
| --- | --- |

(i)

pass an examination for ATPL(A) knowledge in the Member State of licence issue (*1)

| (ii) | meet remaining requirements of FCL.720.A(c) |
| --- | --- |

(ii)

meet remaining requirements of FCL.720.A(c)

CPL/IR(A) with ATPL theory credit

Not applicable

(e)

CPL/IR(A)

> 500 as PIC on single-pilot aeroplanes

None

CPL/IR(A) with class ratings and type ratings restricted to single-pilot aeroplanes

Obtain multi-pilot type rating in accordance with Part-FCL

(f)

CPL/IR(A)

< 500 as PIC on single-pilot aeroplanes

Demonstrate knowledge of flight planning and flight performance for CPL/IR level

As (4)(f)

As (5)(f)

(g)

CPL(A)

> 500 as PIC on single-pilot aeroplanes

Night rating, if applicable

CPL(A), with type/class ratings restricted to single-pilot aeroplanes

(h)

CPL(A)

< 500 as PIC on single-pilot aeroplanes

| (i) | Night rating, if applicable; |
| --- | --- |

(i)

Night rating, if applicable;

| (ii) | demonstrate knowledge of flight performance and planning as required by FCL.310 |
| --- | --- |

(ii)

demonstrate knowledge of flight performance and planning as required by FCL.310

as (4)(h)

(i)

PPL/IR(A)

≥ 75 in accordance with IFR

PPL/IR(A) (the IR restricted to PPL)

Demonstrate knowledge of flight performance and planning as required by FCL.615(b)

(j)

PPL(A)

≥ 70 on aeroplanes

Demonstrate the use of radio navigation aids

PPL(A)

(k)

---

(*1)  CPL holders already holding a type rating for a multi-pilot aeroplane are not required to have passed an examination for ATPL(A) theoretical knowledge whilst they continue to operate that same aeroplane type, but will not be given ATPL(A) theory credit for a Part-FCL licence. If they require another type rating for a different multi-pilot aeroplane, they must comply with column (3), row (e)(i) of the above table.’

*1

---

ANNEX III

Annex III to Regulation (EU) No 1178/2011 is amended as follows:

| (1) | In Section A ‘VALIDATION OF LICENCES’, in paragraph 3, point (f) is replaced by the following:






  ‘(f) | in the case of helicopters, comply with the experience requirements set out in the following table:








  Licence held | Total flying hours experience | Privileges | |
| --- | --- | --- | --- | --- | --- |
| (1) | (2) | (3) | |
| ATPL(H) valid IR | > 1 000 hours as PIC on multi-pilot helicopters | Commercial air transport in multi-pilot helicopters as PIC in VFR and IFR operations | (a) |
| ATPL(H) no IR privileges | > 1 000 hours as PIC on multi-pilot helicopters | Commercial air transport in multi-pilot helicopters as PIC in VFR operations | (b) |
| ATPL(H) valid IR | > 1 000 hours as pilot on multi-pilot helicopters | Commercial air transport in multi-pilot helicopters as co-pilot in VFR and IFR operations | (c) |
| ATPL(H) no IR privileges | > 1 000 hours as pilot on multi-pilot helicopters | Commercial air transport in multi-pilot helicopters as co-pilot in VFR operations | (d) |
| CPL(H)/IR (*1) | > 1 000 hours as pilot on multi-pilot helicopters | Commercial air transport in multi-pilot helicopters as co-pilot | (e) |
| CPL(H)/IR | > 1 000 hours as PIC in commercial air transport since gaining an IR | Commercial air transport in single-pilot helicopters as PIC | (f) |
| ATPL(H) with or without IR privileges, CPL(H)/IR, CPL(H) | > 700 hours in helicopters other than those certificated under CS-27/29 or equivalent, including 200 hours in the activity role for which acceptance is sought, and 50 hours in that role in the last 12 months | Exercise of privileges in helicopters in operations other than commercial air transport | (g) |

(1)

In Section A ‘VALIDATION OF LICENCES’, in paragraph 3, point (f) is replaced by the following:

‘(f)

Licence held

Total flying hours experience

Privileges

(1)

(2)

(3)

ATPL(H) valid IR

> 1 000 hours as PIC on multi-pilot helicopters

Commercial air transport in multi-pilot helicopters as PIC in VFR and IFR operations

(a)

ATPL(H) no IR privileges

> 1 000 hours as PIC on multi-pilot helicopters

Commercial air transport in multi-pilot helicopters as PIC in VFR operations

(b)

ATPL(H) valid IR

> 1 000 hours as pilot on multi-pilot helicopters

Commercial air transport in multi-pilot helicopters as co-pilot in VFR and IFR operations

(c)

ATPL(H) no IR privileges

> 1 000 hours as pilot on multi-pilot helicopters

Commercial air transport in multi-pilot helicopters as co-pilot in VFR operations

(d)

CPL(H)/IR (*1)

> 1 000 hours as pilot on multi-pilot helicopters

Commercial air transport in multi-pilot helicopters as co-pilot

(e)

CPL(H)/IR

> 1 000 hours as PIC in commercial air transport since gaining an IR

Commercial air transport in single-pilot helicopters as PIC

(f)

ATPL(H) with or without IR privileges, CPL(H)/IR, CPL(H)

> 700 hours in helicopters other than those certificated under CS-27/29 or equivalent, including 200 hours in the activity role for which acceptance is sought, and 50 hours in that role in the last 12 months

Exercise of privileges in helicopters in operations other than commercial air transport

(g)

| (2) | In Section A ‘VALIDATION OF LICENCES’, in paragraph 6, point (b) is replaced by the following:






  ‘(b) | is employed, directly or indirectly, by an aircraft manufacturer or by an aviation authority.’ |
| --- | --- | --- |

(2)

In Section A ‘VALIDATION OF LICENCES’, in paragraph 6, point (b) is replaced by the following:

‘(b)

| (3) | In Section A ‘VALIDATION OF LICENCES’, the following paragraphs 7 and 8 are added:






  ‘7. | Notwithstanding the provisions of the paragraphs above, Member States may, for, competition flights or display flights of limited duration, accept a licence issued by a third country allowing the holder to exercise the privileges of a PPL, SPL or BPL provided:






  (a) | prior to the event, the organiser of the competition or display flights provides the competent authority with adequate evidence on how it will ensure that the pilot will be familiarised with the relevant safety information and manage any risk associated with the flights; and |
| --- | --- | --- | --- |

(3)

In Section A ‘VALIDATION OF LICENCES’, the following paragraphs 7 and 8 are added:

‘7.

Notwithstanding the provisions of the paragraphs above, Member States may, for, competition flights or display flights of limited duration, accept a licence issued by a third country allowing the holder to exercise the privileges of a PPL, SPL or BPL provided:

(a)

prior to the event, the organiser of the competition or display flights provides the competent authority with adequate evidence on how it will ensure that the pilot will be familiarised with the relevant safety information and manage any risk associated with the flights; and

| (b) | the applicant holds an appropriate licence and medical certificate and associated ratings or qualifications issued in accordance with Annex 1 to the Chicago Convention. |
| --- | --- |

(b)

the applicant holds an appropriate licence and medical certificate and associated ratings or qualifications issued in accordance with Annex 1 to the Chicago Convention.

| 8. | Notwithstanding the provisions of the paragraphs above, Member States may accept a PPL, SPL or BPL issued in compliance with the requirements of Annex 1 to the Chicago Convention by a third country for a maximum of 28 days per calendar year for specific non-commercial tasks provided the applicant:






  (a) | holds an appropriate licence and medical certificate and associated ratings or qualifications issued in accordance with Annex 1 to the Chicago Convention; and |
| --- | --- | --- |

8.

Notwithstanding the provisions of the paragraphs above, Member States may accept a PPL, SPL or BPL issued in compliance with the requirements of Annex 1 to the Chicago Convention by a third country for a maximum of 28 days per calendar year for specific non-commercial tasks provided the applicant:

(a)

holds an appropriate licence and medical certificate and associated ratings or qualifications issued in accordance with Annex 1 to the Chicago Convention; and

| (b) | has completed at least one acclimatisation flight with a qualified instructor prior to carrying out the specific tasks of limited duration.’ |
| --- | --- |

(b)

has completed at least one acclimatisation flight with a qualified instructor prior to carrying out the specific tasks of limited duration.’

---

(*1)  CPL(H)/IR holders on multi-pilot helicopters shall have demonstrated ICAO ATPL(H) level knowledge before acceptance.’

---

ANNEX IV

Annex VI to Regulation (EU) No 1178/2011 is amended as follows:

| (1) | In ARA.GEN.305, the following point (ca) is inserted:






  ‘(ca) | Notwithstanding (c), for organisations only providing training towards the LAPL, PPL, SPL or BPL and associated ratings and certificates, an oversight planning cycle not exceeding 48 months shall be applied. The oversight planning cycle shall be reduced if there is evidence that the safety performance of the organisation holder has decreased.
  The oversight planning cycle may be extended to a maximum of 72 months, if the competent authority has established that, during the previous 48 months:






  (1) | the organisation has demonstrated an effective identification of aviation safety hazards and management of associated risks, as demonstrated by the results of the annual review in accordance with ORA.GEN.200(c); |
| --- | --- | --- | --- |

(1)

In ARA.GEN.305, the following point (ca) is inserted:

‘(ca)

The oversight planning cycle may be extended to a maximum of 72 months, if the competent authority has established that, during the previous 48 months:

(1)

the organisation has demonstrated an effective identification of aviation safety hazards and management of associated risks, as demonstrated by the results of the annual review in accordance with ORA.GEN.200(c);

| (2) | the organisation has continuously maintained control over all changes in accordance with ORA.GEN.130 as demonstrated by the results of the annual review in accordance with ORA.GEN.200(c); |
| --- | --- |

(2)

the organisation has continuously maintained control over all changes in accordance with ORA.GEN.130 as demonstrated by the results of the annual review in accordance with ORA.GEN.200(c);

| (3) | no level 1 findings have been issued; and |
| --- | --- |

(3)

no level 1 findings have been issued; and

| (4) | all corrective actions have been implemented within the time period accepted or extended by the competent authority as defined in ARA.GEN.350(d)(2).’ |
| --- | --- |

(4)

all corrective actions have been implemented within the time period accepted or extended by the competent authority as defined in ARA.GEN.350(d)(2).’

| (2) | In ARA.FCL.200, the following point (d) is added:






  ‘(d) | Endorsement of licence by instructors. Before specifically authorising certain instructors to revalidate a single-engine piston or TMG class rating, the competent authority shall develop appropriate procedures.’ |
| --- | --- | --- |

(2)

In ARA.FCL.200, the following point (d) is added:

‘(d)

| (3) | The following point ARA.MED.330 is added:


  ‘ARA.MED.330   Special medical circumstances







  (a) | When new medical technology, medication or procedures are identified that may justify a fit assessment of applicants otherwise not in compliance with the requirements, research may be carried out to gather evidence on the safe exercise of the privileges of the licence. |
| --- | --- | --- |

(3)

The following point ARA.MED.330 is added:

‘ARA.MED.330   Special medical circumstances

(a)

When new medical technology, medication or procedures are identified that may justify a fit assessment of applicants otherwise not in compliance with the requirements, research may be carried out to gather evidence on the safe exercise of the privileges of the licence.

| (b) | In order to undertake research, a competent authority, in cooperation with at least one other competent authority, may develop and evaluate a medical assessment protocol based on which these competent authorities may issue a defined number of pilot medical certificates with appropriate limitations. |
| --- | --- |

(b)

In order to undertake research, a competent authority, in cooperation with at least one other competent authority, may develop and evaluate a medical assessment protocol based on which these competent authorities may issue a defined number of pilot medical certificates with appropriate limitations.

| (c) | AeMCs and AMEs may only issue medical certificates on the basis of a research protocol if instructed to do so by the competent authority. |
| --- | --- |

(c)

AeMCs and AMEs may only issue medical certificates on the basis of a research protocol if instructed to do so by the competent authority.

| (d) | The protocol shall be agreed between the competent authorities concerned and shall include as a minimum:






  (1) | a risk assessment; |
| --- | --- | --- |

(d)

The protocol shall be agreed between the competent authorities concerned and shall include as a minimum:

(1)

a risk assessment;

| (2) | a literature review and evaluation to provide evidence that issuing a medical certificate based on the research protocol would not jeopardise the safe exercise of the privileges of the licence; |
| --- | --- |

(2)

a literature review and evaluation to provide evidence that issuing a medical certificate based on the research protocol would not jeopardise the safe exercise of the privileges of the licence;

| (3) | detailed selection criteria for pilots to be admitted to the protocol; |
| --- | --- |

(3)

detailed selection criteria for pilots to be admitted to the protocol;

| (4) | the limitations that will be endorsed on the medical certificate; |
| --- | --- |

(4)

the limitations that will be endorsed on the medical certificate;

| (5) | the monitoring procedures to be implemented by the competent authorities concerned; |
| --- | --- |

(5)

the monitoring procedures to be implemented by the competent authorities concerned;

| (6) | the determination of end points for terminating the protocol. |
| --- | --- |

(6)

the determination of end points for terminating the protocol.

| (e) | The protocol shall be compliant with relevant ethical principles. |
| --- | --- |

(e)

The protocol shall be compliant with relevant ethical principles.

| (f) | The exercise of licence privileges by licence holders with a medical certificate issued on the basis of the protocol shall be restricted to flights in aircraft registered in the Member States involved in the research protocol. This restriction shall be indicated on the medical certificate. |
| --- | --- |

(f)

The exercise of licence privileges by licence holders with a medical certificate issued on the basis of the protocol shall be restricted to flights in aircraft registered in the Member States involved in the research protocol. This restriction shall be indicated on the medical certificate.

| (g) | The participating competent authorities shall:






  (1) | provide the Agency with:






  (i) | the research protocol before implementation; |
| --- | --- | --- | --- |

(g)

The participating competent authorities shall:

(1)

provide the Agency with:

(i)

the research protocol before implementation;

| (ii) | the details and qualifications of the nominated focal point of each participating competent authority; |
| --- | --- |

(ii)

the details and qualifications of the nominated focal point of each participating competent authority;

| (iii) | documented reports of regular evaluations of its effectiveness; |
| --- | --- |

(iii)

documented reports of regular evaluations of its effectiveness;

| (2) | provide the AeMCs and AMEs within their jurisdiction with details of the protocol before implementation for their information.’ |
| --- | --- |

(2)

provide the AeMCs and AMEs within their jurisdiction with details of the protocol before implementation for their information.’

| (4) | Appendix I is replaced by the following:



  ‘Appendix I

  Flight crew licence

  The flight crew licence issued by a Member State in accordance with Part-FCL shall conform to the following specifications:






  (a) | Content. The item number shown shall always be printed in association with the item heading. Items I to XI are the “permanent” items and items XII to XIV are the “variable” items which may appear on a separate or detachable part of the main form. Any separate or detachable part shall be clearly identifiable as part of the licence.






  (1) | Permanent items:






  (I) | State of licence issue; |
| --- | --- | --- | --- | --- |

(4)

Appendix I is replaced by the following:

‘Appendix I

Flight crew licence

The flight crew licence issued by a Member State in accordance with Part-FCL shall conform to the following specifications:

(a)

Content. The item number shown shall always be printed in association with the item heading. Items I to XI are the “permanent” items and items XII to XIV are the “variable” items which may appear on a separate or detachable part of the main form. Any separate or detachable part shall be clearly identifiable as part of the licence.

(1)

Permanent items:

(I)

State of licence issue;

| (II) | title of licence; |
| --- | --- |

(II)

title of licence;

| (III) | serial number of the licence commencing with the UN country code of the State of licence issue and followed by “FCL” and a code of numbers and/or letters in Arabic numerals and in Latin script; |
| --- | --- |

(III)

serial number of the licence commencing with the UN country code of the State of licence issue and followed by “FCL” and a code of numbers and/or letters in Arabic numerals and in Latin script;

| (IV) | name of holder (in Latin script, even if the script of the national language(s) is other than Latin); |
| --- | --- |

(IV)

name of holder (in Latin script, even if the script of the national language(s) is other than Latin);

| (IVa) | date of birth; |
| --- | --- |

(IVa)

date of birth;

| (V) | holder's address; |
| --- | --- |

(V)

holder's address;

| (VI) | nationality of holder; |
| --- | --- |

(VI)

nationality of holder;

| (VII) | signature of holder; |
| --- | --- |

(VII)

signature of holder;

| (VIII) | competent authority and, where necessary, conditions under which the licence was issued; |
| --- | --- |

(VIII)

competent authority and, where necessary, conditions under which the licence was issued;

| (IX) | certification of validity and authorisation for the privileges granted; |
| --- | --- |

(IX)

certification of validity and authorisation for the privileges granted;

| (X) | signature of the officer issuing the licence and the date of issue; and |
| --- | --- |

(X)

signature of the officer issuing the licence and the date of issue; and

| (XI) | seal or stamp of the competent authority. |
| --- | --- |

(XI)

seal or stamp of the competent authority.

| (2) | Variable items:






  (XII) | ratings and certificates: class, type, instructor certificates, etc., with dates of expiry. Radio telephony (R/T) privileges may appear on the licence form or on a separate certificate; |
| --- | --- | --- |

(2)

Variable items:

(XII)

ratings and certificates: class, type, instructor certificates, etc., with dates of expiry. Radio telephony (R/T) privileges may appear on the licence form or on a separate certificate;

| (XIII) | remarks: i.e. special endorsements relating to limitations and endorsements for privileges, including endorsements of language proficiency, ratings for Annex II aircraft when used for commercial air transportation; and |
| --- | --- |

(XIII)

remarks: i.e. special endorsements relating to limitations and endorsements for privileges, including endorsements of language proficiency, ratings for Annex II aircraft when used for commercial air transportation; and

| (XIV) | any other details required by the competent authority (e.g. place of birth/place of origin). |
| --- | --- |

(XIV)

any other details required by the competent authority (e.g. place of birth/place of origin).

| (b) | Material. The paper or other material used will prevent or readily show any alterations or erasures. Any entries or deletions to the form will be clearly authorised by the competent authority. |
| --- | --- |

(b)

Material. The paper or other material used will prevent or readily show any alterations or erasures. Any entries or deletions to the form will be clearly authorised by the competent authority.

| (c) | Language. Licences shall be written in the national language(s) and in English and such other languages as the competent authority deems appropriate. |
| --- | --- |

(c)

Language. Licences shall be written in the national language(s) and in English and such other languages as the competent authority deems appropriate.

Cover page

Image 1

Competent authority name and logo

(English and any language(s) determined by the competent authority)

EUROPEAN UNION

(English only)

FLIGHT CREW LICENCE

(English and any language(s) determined by the competent authority)

Issued in accordance with Part-FCL

This licence complies with ICAO standards, except for the LAPL and EIR privileges

(English and any language(s) determined by the competent authority)

EASA Form 141 Issue 2

Requirements

“European Union” to be deleted for non-EU Member States

Size of each page shall be one eighth A4

Page 2

Image 2

I

State of issue

Requirements

III

Licence number

Serial number of the licence will always commence with the UN country code of the State of licence issue followed by “.FCL.”.

IV

Last and first name of holder

IVa

Date of birth (see instructions)

Standard date format is to be used, dd/mm/yyyy in full.

XIV

Place of birth

V

Address of holder:

Street, town, area, postal code

VI

Nationality

VII

Signature of holder

VIII

Issuing competent authority

E.g. This CPL(A) has been issued on the basis of an ATPL issued by (third county)

X

Signature of issuing officer and date

XI

Seal or stamp of issuing competent authority

Page 3

Image 3

II

Title of the licence, date of initial issue and country code

Abbreviations used will be as used in Part-FCL (e.g. PPL(H), ATPL(A), etc.)

Standard date format is to be used, dd/mm/yyyy in full.

IX

Validity: The privileges of the licence shall be exercised only if the holder has a valid medical certificate for the required privilege.

A document containing a photo shall be carried for the purposes of identification of the licence holder.

This document is not specified, but a passport would suffice when outside the State of licence issue.

XII

Radiotelephony privileges: The holder of this licence has demonstrated competence to operate R/T equipment on board aircraft in (specify the language(s)).

XIII

Remarks:

Language Proficiency:

(language(s)/level/validity date)

All additional licensing information required and privileges established by ICAO, EC or EU Directives/Regulations to be entered here.

Language proficiency endorsement(s), level and validity date shall be included.

In case of LAPL: LAPL not issued in accordance with ICAO standards

Additional pages — Requirements:

Pages 1, 2, and 3 of the licence shall be in accordance with the format laid down in the model in this point. The competent authority shall include additional customized pages containing tables which shall contain at least the following information:

| — | Ratings, certificates, endorsements and privileges; |
| --- | --- |

—

Ratings, certificates, endorsements and privileges;

| — | Expiry dates of the ratings, the instructor and examiner certificate privileges; |
| --- | --- |

—

Expiry dates of the ratings, the instructor and examiner certificate privileges;

| — | Dates of the test or check; |
| --- | --- |

—

Dates of the test or check;

| — | Remarks and restrictions (operational limitations); |
| --- | --- |

—

Remarks and restrictions (operational limitations);

| — | Fields for the examiner and/or instructor certificate number and signature, as applicable; |
| --- | --- |

—

Fields for the examiner and/or instructor certificate number and signature, as applicable;

| — | Abbreviations. |
| --- | --- |

—

Abbreviations.

These additional pages are intended for use by the competent authority, or by specifically authorised instructors or examiners.

Initial issues of ratings or certificates shall be entered by the competent authority. Revalidation or renewal of ratings or certificates may be entered by the competent authority or by specifically authorised instructors or examiners.

Operational limitations shall be entered in “Remarks and Restrictions” against the appropriate restricted privilege, e.g. IR skill test taken with co-pilot, restricted instruction privileges to 1 aircraft type.

Ratings that are not validated may be removed from the licence by the competent authority.’

| (5) | In Appendix II, Item 9 of the instructions relating to the Standard EASA format for cabin crew attestations is replaced by the following:

  ‘Item 9: If the competent authority is the issuing body, the term “competent authority” and official seal, stamp or logo shall be entered. In this case only, the competent authority may determine if its official seal, stamp or logo shall also be entered under Item 8.’ |
| --- | --- |

(5)

In Appendix II, Item 9 of the instructions relating to the Standard EASA format for cabin crew attestations is replaced by the following:

‘Item 9: If the competent authority is the issuing body, the term “competent authority” and official seal, stamp or logo shall be entered. In this case only, the competent authority may determine if its official seal, stamp or logo shall also be entered under Item 8.’

‘Item 9

---

ANNEX V

In Annex VII to Regulation (EU) No 1178/2011, in ORA.GEN.200, the following point (c) is added:

| ‘(c) | Notwithstanding point (a), in an organisation providing training only for the LAPL, PPL, SPL or BPL and the associated ratings or certificates, safety risk management and compliance monitoring defined in points (a)(3) and (a)(6) may be accomplished by an organisational review, to be performed at least once every calendar year. The competent authority shall be notified about the results of this review by the organisation without undue delay.’ |
| --- | --- |

‘(c)

---

| 18.3.2015 | EN | Official Journal of the European Union | L 74/18 |
| --- | --- | --- | --- |

18.3.2015

EN

Official Journal of the European Union

L 74/18

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/446

of 17 March 2015

amending Regulation (EU) No 37/2010 as regards the substance ‘barium selenate’

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,

Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,

Whereas:

| (1) | The maximum residue limit (‘MRL’) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is to be established in accordance with Regulation (EC) No 470/2009. |
| --- | --- |

(1)

The maximum residue limit (‘MRL’) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is to be established in accordance with Regulation (EC) No 470/2009.

| (2) | Pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin are set out in the Annex to Commission Regulation (EU) No 37/2010 (2). |
| --- | --- |

(2)

Pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin are set out in the Annex to Commission Regulation (EU) No 37/2010 (2).

| (3) | Barium selenate is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance for bovine and ovine species with ‘no MRL required’ status. |
| --- | --- |

(3)

Barium selenate is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance for bovine and ovine species with ‘no MRL required’ status.

| (4) | In accordance with Article 11 of Regulation (EC) No 470/2009, an application for a review of the opinion on barium selenate has been submitted to the European Medicines Agency. |
| --- | --- |

(4)

In accordance with Article 11 of Regulation (EC) No 470/2009, an application for a review of the opinion on barium selenate has been submitted to the European Medicines Agency.

| (5) | The Committee for Medicinal Products for Veterinary Use (‘CVMP’) confirmed its initial recommendation that there is no need to establish an MRL for barium selenate for bovine and ovine species. However, the CVMP concluded that because of the fact that the depletion of the substance and its residue selenium from an injection site is extremely slow, there is a risk that consumption of an injection site would lead to an intake of selenium greater than the established safe level. Therefore, to ensure that consumers' exposure to selenium is not above the established tolerable upper intake level, the CVMP recommended that barium selenate used in veterinary medicinal products should not be administered by injection. |
| --- | --- |

(5)

The Committee for Medicinal Products for Veterinary Use (‘CVMP’) confirmed its initial recommendation that there is no need to establish an MRL for barium selenate for bovine and ovine species. However, the CVMP concluded that because of the fact that the depletion of the substance and its residue selenium from an injection site is extremely slow, there is a risk that consumption of an injection site would lead to an intake of selenium greater than the established safe level. Therefore, to ensure that consumers' exposure to selenium is not above the established tolerable upper intake level, the CVMP recommended that barium selenate used in veterinary medicinal products should not be administered by injection.

| (6) | In accordance with Article 5 of Regulation (EC) No 470/2009 the European Medicines Agency is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species. The CVMP recommended the extrapolation of the existing ‘no MRL required’ status for barium selenate in relation to bovine and ovine species to all food producing species. |
| --- | --- |

(6)

In accordance with Article 5 of Regulation (EC) No 470/2009 the European Medicines Agency is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species. The CVMP recommended the extrapolation of the existing ‘no MRL required’ status for barium selenate in relation to bovine and ovine species to all food producing species.

| (7) | The entry for barium selenate in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended accordingly. |
| --- | --- |

(7)

The entry for barium selenate in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended accordingly.

| (8) | It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with this Regulation. |
| --- | --- |

(8)

It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with this Regulation.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products, |
| --- | --- |

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.

Article 2

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

It shall apply from 17 May 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 March 2015.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 152, 16.6.2009, p. 11.

1

(2)  Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).

2

---

ANNEX

In Table 1 of the Annex to Regulation (EU) No 37/2010, the entry for the substance ‘barium selenate’ is replaced by the following:

| Pharmacologically active Substance | Marker residue | Animal Species | MRL | Target Tissues | Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009) | Therapeutic Classification |
| --- | --- | --- | --- | --- | --- | --- |
| ‘Barium selenate | NOT APPLICABLE | All food producing species | No MRL required | NOT APPLICABLE | Not for administration by injection | Alimentary tract and metabolism/mineral supplements’ |

Pharmacologically active Substance

Marker residue

Animal Species

MRL

Target Tissues

Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009)

Therapeutic Classification

‘Barium selenate

NOT APPLICABLE

All food producing species

No MRL required

NOT APPLICABLE

Not for administration by injection

Alimentary tract and metabolism/mineral supplements’

---

| 18.3.2015 | EN | Official Journal of the European Union | L 74/21 |
| --- | --- | --- | --- |

18.3.2015

EN

Official Journal of the European Union

L 74/21

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/447

of 17 March 2015

on the division between deliveries and direct sales of national milk quotas fixed for 2014/2015 in Annex IX to Council Regulation (EC) No 1234/2007

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), and in particular Article 69(1) in conjunction with Article 4 thereof,

Whereas:

| (1) | Regulation (EU) No 1308/2013 of the European Parliament and of the Council (2) has repealed and replaced Regulation (EC) No 1234/2007 as from 1 January 2014. However, Article 230(1)(a) of Regulation (EU) No 1308/2013 provides that, as regards the system of milk production limitation, Section III of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 as well as Article 55, Article 85 thereof and Annexes IX and X thereto continue to apply until 31 March 2015. |
| --- | --- |

(1)

Regulation (EU) No 1308/2013 of the European Parliament and of the Council (2) has repealed and replaced Regulation (EC) No 1234/2007 as from 1 January 2014. However, Article 230(1)(a) of Regulation (EU) No 1308/2013 provides that, as regards the system of milk production limitation, Section III of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 as well as Article 55, Article 85 thereof and Annexes IX and X thereto continue to apply until 31 March 2015.

| (2) | Article 67(2) of Regulation (EC) No 1234/2007 provides that producers may have one or two individual quotas, one for deliveries and the other for direct sales and that quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer. |
| --- | --- |

(2)

Article 67(2) of Regulation (EC) No 1234/2007 provides that producers may have one or two individual quotas, one for deliveries and the other for direct sales and that quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer.

| (3) | Commission Implementing Regulation (EU) No 266/2014 (3) sets out the division between deliveries and direct sales for the period from 1 April 2013 to 31 March 2014 for all Member States. |
| --- | --- |

(3)

Commission Implementing Regulation (EU) No 266/2014 (3) sets out the division between deliveries and direct sales for the period from 1 April 2013 to 31 March 2014 for all Member States.

| (4) | In accordance with Article 25(2) of Commission Regulation (EC) No 595/2004 (4), Member States have notified to the Commission the quantities which have been definitively converted at the request of the producers between individual quotas for deliveries and for direct sales. |
| --- | --- |

(4)

In accordance with Article 25(2) of Commission Regulation (EC) No 595/2004 (4), Member States have notified to the Commission the quantities which have been definitively converted at the request of the producers between individual quotas for deliveries and for direct sales.

| (5) | It is therefore appropriate to establish the division between deliveries and direct sales of the national quotas applicable for the period from 1 April 2014 to 31 March 2015 fixed in point 1 of Annex IX to Regulation (EC) No 1234/2007. |
| --- | --- |

(5)

It is therefore appropriate to establish the division between deliveries and direct sales of the national quotas applicable for the period from 1 April 2014 to 31 March 2015 fixed in point 1 of Annex IX to Regulation (EC) No 1234/2007.

| (6) | Pursuant to Article 69(1) in conjunction with Article 4 of Regulation (EC) No 1234/2007, the Commission had to act in accordance with the procedure referred to in Article 195(2) of that Regulation. The corresponding procedure under Regulation (EU) No 1308/2013 is the examination procedure referred to in Article 229(2) of that Regulation. |
| --- | --- |

(6)

Pursuant to Article 69(1) in conjunction with Article 4 of Regulation (EC) No 1234/2007, the Commission had to act in accordance with the procedure referred to in Article 195(2) of that Regulation. The corresponding procedure under Regulation (EU) No 1308/2013 is the examination procedure referred to in Article 229(2) of that Regulation.

| (7) | Given the fact that the division between direct sales and deliveries is used as a reference basis for controls pursuant to Articles 19 to 22 of Regulation (EC) No 595/2004 and for the establishment of the annual questionnaire set out in Annex I to that Regulation, it is appropriate to determine a date of expiry of this Regulation after the last possible date for those controls. |
| --- | --- |

(7)

Given the fact that the division between direct sales and deliveries is used as a reference basis for controls pursuant to Articles 19 to 22 of Regulation (EC) No 595/2004 and for the establishment of the annual questionnaire set out in Annex I to that Regulation, it is appropriate to determine a date of expiry of this Regulation after the last possible date for those controls.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The division, applicable for the period from 1 April 2014 to 31 March 2015, between deliveries and direct sales of the national quotas fixed in Annex IX to Regulation (EC) No 1234/2007 is set out in the Annex to this Regulation.

Article 2

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

It shall expire on 30 September 2016.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 March 2015.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

2

(3)  Commission Implementing Regulation (EU) No 266/2014 of 14 March 2014 on the division between deliveries and direct sales of national milk quotas fixed for 2013/2014 in Annex IX to Council Regulation (EC) No 1234/2007 (OJ L 76, 15.3.2014, p. 31).

3

(4)  Commission Regulation (EC) No 595/2004 of 30 March 2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector (OJ L 94, 31.3.2004, p. 22).

4

---

ANNEX

| Member States | Deliveries (tonnes) | Direct sales (tonnes) |
| --- | --- | --- |
| Belgium | 3 566 075,994 | 36 038,916 |
| Bulgaria | 981 934,239 | 67 583,377 |
| Czech Republic | 2 910 127,559 | 25 017,298 |
| Denmark | 4 847 759,582 | 149,891 |
| Germany | 30 229 156,242 | 89 772,508 |
| Estonia | 687 975,699 | 4 950,350 |
| Ireland | 5 782 858,891 | 1 563,345 |
| Greece | 878 297,757 | 1 317,000 |
| Spain | 6 491 200,263 | 66 355,182 |
| France | 26 043 679,756 | 327 551,521 |
| Croatia | 698 376,994 | 66 623,006 |
| Italy | 10 921 420,936 | 367 121,930 |
| Cyprus | 155 022,240 | 636,552 |
| Latvia | 770 138,701 | 10 993,997 |
| Lithuania | 1 753 855,868 | 73 783,113 |
| Luxembourg | 292 166,310 | 588,000 |
| Hungary | 1 967 795,932 | 165 608,590 |
| Malta | 52 205,729 | 0,000 |
| Netherlands | 11 972 757,363 | 77 735,292 |
| Austria | 2 911 286,952 | 81 441,536 |
| Poland | 9 923 889,074 | 131 907,982 |
| Portugal (1) | 2 080 193,719 | 8 710,827 |
| Romania | 1 571 952,247 | 1 705 244,231 |
| Slovenia | 597 453,865 | 20 719,515 |
| Slovakia | 1 075 927,489 | 39 828,732 |
| Finland (2) | 2 615 170,922 | 4 657,981 |
| Sweden | 3 589 229,658 | 4 800,000 |
| United Kingdom | 15 755 730,218 | 140 974,348 |

Member States

Deliveries (tonnes)

Direct sales (tonnes)

Belgium

3 566 075,994

36 038,916

Bulgaria

981 934,239

67 583,377

Czech Republic

2 910 127,559

25 017,298

Denmark

4 847 759,582

149,891

Germany

30 229 156,242

89 772,508

Estonia

687 975,699

4 950,350

Ireland

5 782 858,891

1 563,345

Greece

878 297,757

1 317,000

Spain

6 491 200,263

66 355,182

France

26 043 679,756

327 551,521

Croatia

698 376,994

66 623,006

Italy

10 921 420,936

367 121,930

Cyprus

155 022,240

636,552

Latvia

770 138,701

10 993,997

Lithuania

1 753 855,868

73 783,113

Luxembourg

292 166,310

588,000

Hungary

1 967 795,932

165 608,590

Malta

52 205,729

0,000

Netherlands

11 972 757,363

77 735,292

Austria

2 911 286,952

81 441,536

Poland

9 923 889,074

131 907,982

Portugal (1)

2 080 193,719

8 710,827

Romania

1 571 952,247

1 705 244,231

Slovenia

597 453,865

20 719,515

Slovakia

1 075 927,489

39 828,732

Finland (2)

2 615 170,922

4 657,981

Sweden

3 589 229,658

4 800,000

United Kingdom

15 755 730,218

140 974,348

---

(1)  Except Madeira;

(2)  The Finnish national quota as referred to in Annex IX to Regulation (EC) No 1234/2007 and the total amount of the Finnish national quota as indicated in the Annex to this Regulation differ due to a quota increase of 784,683 tonnes to compensate Finnish SLOM producers pursuant to article 67(4) of Regulation (EC) No 1234/2007.

---

| 18.3.2015 | EN | Official Journal of the European Union | L 74/24 |
| --- | --- | --- | --- |

18.3.2015

EN

Official Journal of the European Union

L 74/24

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/448

of 17 March 2015

establishing specific animal health rules for the introduction into the Union of certain products of animal origin from Japan destined for EXPO Milano 2015

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (1), and in particular the third indent of Article 8(5), Article 9(2)(b) and Article 9(4) thereof,

Whereas:

| (1) | Italy will host the universal exhibition named ‘EXPO Milano 2015’ which will take place in Milan from 1 May to 31 October 2015. The central theme of this exhibition is ‘Feeding the planet — Energy for life’. |
| --- | --- |

(1)

Italy will host the universal exhibition named ‘EXPO Milano 2015’ which will take place in Milan from 1 May to 31 October 2015. The central theme of this exhibition is ‘Feeding the planet — Energy for life’.

| (2) | The authorisation to export products of animal origin to the Union is granted to third countries based on a number of requirements laid down in the Union legislation, which take into account animal and public health concerns. However, not all the products of animal origin from countries taking part in EXPO Milano 2015 are authorised to be introduced into the Union. |
| --- | --- |

(2)

The authorisation to export products of animal origin to the Union is granted to third countries based on a number of requirements laid down in the Union legislation, which take into account animal and public health concerns. However, not all the products of animal origin from countries taking part in EXPO Milano 2015 are authorised to be introduced into the Union.

| (3) | Certain derogations to the Union import health requirements were therefore established by Commission Implementing Regulation (EU) 2015/329 (2) in order to authorise the introduction of certain products of animal origin exclusively for the purpose of their use in EXPO Milano 2015. |
| --- | --- |

(3)

Certain derogations to the Union import health requirements were therefore established by Commission Implementing Regulation (EU) 2015/329 (2) in order to authorise the introduction of certain products of animal origin exclusively for the purpose of their use in EXPO Milano 2015.

| (4) | Japan is not listed in Annex II to Commission Regulation (EU) No 206/2010 (3) as a third country from which the introduction into the Union of fresh meat of domestic porcine animals is authorised.
  Japan is listed in Part 2 of Annex II to Commission Decision 2007/777/EC (4) as a third country from which the introduction into the Union of certain meat products and treated stomachs, bladders and intestines obtained from domestic porcine animals is authorised, provided that they have undergone the specific treatment ‘B’, as defined in Part 4 of that Annex. |
| --- | --- |

(4)

Japan is not listed in Annex II to Commission Regulation (EU) No 206/2010 (3) as a third country from which the introduction into the Union of fresh meat of domestic porcine animals is authorised.

Japan is listed in Part 2 of Annex II to Commission Decision 2007/777/EC (4) as a third country from which the introduction into the Union of certain meat products and treated stomachs, bladders and intestines obtained from domestic porcine animals is authorised, provided that they have undergone the specific treatment ‘B’, as defined in Part 4 of that Annex.

| (5) | Japan has requested to be authorised to introduce into the Union, exclusively for the purpose of their use in EXPO Milano 2015, fresh meat of domestic porcine animals and certain meat products and treated stomachs, bladders and intestines obtained from domestic porcine animals which have undergone the non-specific treatment ‘A’, as defined in Part 4 of Annex II to Decision 2007/777/EC. |
| --- | --- |

(5)

Japan has requested to be authorised to introduce into the Union, exclusively for the purpose of their use in EXPO Milano 2015, fresh meat of domestic porcine animals and certain meat products and treated stomachs, bladders and intestines obtained from domestic porcine animals which have undergone the non-specific treatment ‘A’, as defined in Part 4 of Annex II to Decision 2007/777/EC.

| (6) | It is considered that those products of animal origin offer sufficient animal health guarantees in relation to their introduction in the Exhibition site of EXPO Milano 2015 as defined by Regulation (EU) 2015/329 for the following reasons. Japan duly reports outbreaks of diseases in animals to the World Organisation for Animal Health. African swine fever has never been reported in Japan, rinderpest has not been reported in Japan since 1922, swine vesicular disease not since 1975, classical swine fever not since 1992 and foot and mouth disease not since 2010. In addition, those products comply with the public health requirements of Japan and are fit for human consumption in Japan. Furthermore, EXPO Milano 2015 is a temporary event and Regulation (EU) 2015/329 provides for strict control measures for the products of animal origin which do not completely fulfil the health import requirements of the Union. That Regulation also ensures that those products are traceable in all stages of transport, storage, delivery and disposal of their remainder or waste and are to be used only for the purposes of the exhibition. |
| --- | --- |

(6)

It is considered that those products of animal origin offer sufficient animal health guarantees in relation to their introduction in the Exhibition site of EXPO Milano 2015 as defined by Regulation (EU) 2015/329 for the following reasons. Japan duly reports outbreaks of diseases in animals to the World Organisation for Animal Health. African swine fever has never been reported in Japan, rinderpest has not been reported in Japan since 1922, swine vesicular disease not since 1975, classical swine fever not since 1992 and foot and mouth disease not since 2010. In addition, those products comply with the public health requirements of Japan and are fit for human consumption in Japan. Furthermore, EXPO Milano 2015 is a temporary event and Regulation (EU) 2015/329 provides for strict control measures for the products of animal origin which do not completely fulfil the health import requirements of the Union. That Regulation also ensures that those products are traceable in all stages of transport, storage, delivery and disposal of their remainder or waste and are to be used only for the purposes of the exhibition.

| (7) | It is therefore appropriate to derogate from Regulation (EU) 2015/329 with respect to the transit and storage requirements provided therein. In this context, a specific animal health import certificate model should be established for the introduction of such products. However, the other requirements set out in that Regulation should apply. |
| --- | --- |

(7)

It is therefore appropriate to derogate from Regulation (EU) 2015/329 with respect to the transit and storage requirements provided therein. In this context, a specific animal health import certificate model should be established for the introduction of such products. However, the other requirements set out in that Regulation should apply.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Save where otherwise provided for in this Regulation, Regulation (EU) 2015/329 and emergency measures adopted in accordance with Articles 53 or 54 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (5) and in force during the period of application of this Regulation shall apply.

2.   By way of derogation from Article 2(c)(i) and (ii) of Regulation (EU) 2015/329, the following products from Japan shall be accompanied by the veterinary certificate set out in the Annex to this Regulation:

| (a) | fresh meat of domestic porcine animals; |
| --- | --- |

(a)

fresh meat of domestic porcine animals;

| (b) | meat products, treated stomachs, bladders and intestines obtained from domestic porcine animals which have undergone the non-specific treatment A as defined in Part 4 of Annex II to Decision 2007/777/EC; |
| --- | --- |

(b)

meat products, treated stomachs, bladders and intestines obtained from domestic porcine animals which have undergone the non-specific treatment A as defined in Part 4 of Annex II to Decision 2007/777/EC;

| (c) | food containing the products referred to in points (a) and (b). |
| --- | --- |

(c)

food containing the products referred to in points (a) and (b).

Article 2

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

It shall apply from 1 April 2015 to 31 October 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 March 2015.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 18, 23.1.2003, p. 11.

1

(2)  Commission Implementing Regulation (EU) 2015/329 of 2 March 2015 derogating from Union provisions on animal and public health as regards the introduction into the European Union of food of animal origin destined to EXPO Milano 2015 in Milan (Italy) (OJ L 58, 3.3.2015, p. 52).

2

(3)  Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (OJ L 73, 20.3.2010, p. 1).

3

(4)  Commission Decision 2007/777/EC of 29 November 2007 laying down the animal and public health conditions and model certificates for imports of certain meat products and treated stomachs, bladders and intestines for human consumption from third countries and repealing Decision 2005/432/EC (OJ L 312, 30.11.2007, p. 49).

4

(5)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

5

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ANNEX

Model Jap POR EXPO Milano 2015

Image 4

COUNTRY:

Veterinary certificate to EU

Part I: Details of dispatched consignment

I.1. Consignor

Name

Address

Country

Phone

I.2. Certificate reference number

I.2.a. Traces reference number

I.3. Central competent authority

I.4. Local competent authority

I.5. Consignee

Name

Address

Country

Phone

I.6. Person responsible for the consignment in the EU

I.7. Country of origin

ISO code

I.8. Region of origin

Code

I.9. Country of destination

ISO code

I.10. Region of destination

Code

I.11. Place of origin

Name Approval number

Address

Country

I.12. Place of destination

Name Approval number

Address

Postal code/Region

I.13. Place of loading

Address Approval number

I.14. Date of departure

I.15. Means of transport

Aeroplane Ship Railway wagon

Road vehicle Other

Identification

Document

I.16. Entry BIP in EU

Name BIP unit no

I.17. CITES No(s)

I.18. Description of commodity

I.19. Commodity code (HS code)

I.20. Quantity

I.21. Temperature of products

Ambient Chilled Frozen

I.22. Total number of packages

I.23. Seal/Container No

I.24. Type of packaging

I.25. Commodities certified as:

Human consumption

I.27. For import or admission into EU

I.28. Identification of the commodity

Species Nature of commodity Number of packages Net weight

(scientific name)

Image 5

COUNTRY

Model Jap POR EXPO Milano 2015

II. Health information

II.a. Certificate reference number

II.b.

II.1. Animal Health Attestation

I, the undersigned official veterinarian/official inspector of Japan, hereby certify, that the fresh meat and meat products, treated stomachs, bladders, intestines from fresh meat and food containing those products described in Part I

II.1.1 has/have been obtained in Japan which, at the date of issuing this certificate:

(a) has been free for 12 months from foot-and-mouth disease, rinderpest, African swine fever, classical swine fever, swine vesicular disease, and

(b) during the last 12 months no vaccination against these diseases have been carried out and imports of domestic animals vaccinated against these diseases are not permitted in Japan;

II.1.2 has/have been obtained from animals that:

(1) either [have remained in Japan since birth,]

(1) or [have remained in Japan for at least the last three months before slaughter;]

II.1.3 has/have been obtained from animals coming from holdings:

(a) in which none of the animals present therein have been vaccinated against the diseases referred to in point II.1.1,

(b) in and around which, in an area of 10 km radius, there has been no case/outbreak of the diseases referred to in point II.1.1 during the previous 40 days,

(c) that are not subject to prohibition as a result of an outbreak of porcine brucellosis during the previous six weeks;

II.1.4 has/have been obtained from animals that:

(a) have remained separate since birth from wild cloven-hoofed animals,

(b) have been transported from their holdings in vehicles, cleaned and disinfected before loading, to an approved slaughterhouse without contact with other animals which did not comply with the conditions set out in points II.1.1, II. 1.2 and II.1.3,

(c) at the slaughterhouse, have passed ante-mortem health inspection during the 24 hours before slaughter and, in particular, have shown no evidence of the diseases referred to in point II.1.1, and

(d) have been slaughtered on (dd/mm/yyyy);

II.1.5 has/have been obtained in an establishment around which, within a radius of 10 km, there has been no case/outbreak of the diseases referred to in point II.1.1 during the previous 40 days;

II.1.6 has/have been obtained and prepared without contact with other meats not complying with the conditions set out in this certificate.

Notes

This certificate is meant for fresh meat and meat products, including minced meat, of domestic swine (Sus scrofa).

Fresh meat means all animal parts fit for human consumption whether fresh, chilled or frozen.

Part I:

— Box reference I.8: Provide the code of territory as appearing in Part 1 of Annex II to Regulation (EU) No 206/2010.

— Box reference I.11: Place of origin: name and address of the dispatch establishment.

— Box reference I.15: Registration number (railway wagons or container and lorries), flight number (aircraft) or name (ship) is to be provided. In case of unloading and reloading, the consignor must inform the BIP of entry into the Union.

— Box reference I.19: Use the appropriate HS code: 02.03, 02.06, 02.09, 05.04, 15.01, 16.01, 16.02, 19.02, or 19.05.

— Box reference I.20: Indicate total gross weight and total net weight.

— Box reference I.23: For containers or boxes, the container number and the seal number (if applicable) should be included.

— Box reference I.28: Nature of commodity: Indicate ‘fresh meat’, ‘meat products’, ‘treated stomachs’, ‘treated bladders’, ‘treated intestines’ or ‘food containing fresh meat, meat products, treated stomachs, bladders or intestines from fresh meat’.

Part II: Certification

Image 6

COUNTRY

Model Jap POR EXPO Milano 2015

II. Health information

II.a. Certificate reference number

II.b.

Part II:

(1) Delete as appropriate.

The colour of the signature shall be different to that of the printing. The same rule applies to the stamp other than those embossed or watermarked.

Official veterinarian or official inspector

Name (in capital letters): Qualification and title:

Date: Signature:

Stamp:

---

| 18.3.2015 | EN | Official Journal of the European Union | L 74/29 |
| --- | --- | --- | --- |

18.3.2015

EN

Official Journal of the European Union

L 74/29

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/449

of 17 March 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:

| (1) | Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto. |
| --- | --- |

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

| (2) | The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union, |
| --- | --- |

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 March 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.

1

(2)  
  OJ L 157, 15.6.2011, p. 1.

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | EG | 65,8 |
| IL | 94,1 |
| MA | 88,9 |
| TR | 87,7 |
| ZZ | 84,1 |
| 0707 00 05 | JO | 229,9 |
| MA | 179,7 |
| TR | 183,2 |
| ZZ | 197,6 |
| 0709 93 10 | MA | 106,7 |
| TR | 184,0 |
| ZZ | 145,4 |
| 0805 10 20 | EG | 46,7 |
| IL | 71,3 |
| MA | 54,4 |
| TN | 57,0 |
| TR | 68,2 |
| ZZ | 59,5 |
| 0805 50 10 | TR | 48,1 |
| ZZ | 48,1 |
| 0808 10 80 | AR | 94,0 |
| BR | 70,9 |
| CA | 81,0 |
| CL | 107,2 |
| CN | 97,0 |
| MK | 27,7 |
| US | 176,0 |
| ZZ | 93,4 |
| 0808 30 90 | AR | 108,2 |
| CL | 146,7 |
| US | 124,8 |
| ZA | 99,5 |
| ZZ | 119,8 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

EG

65,8

IL

94,1

MA

88,9

TR

87,7

ZZ

84,1

0707 00 05

JO

229,9

MA

179,7

TR

183,2

ZZ

197,6

0709 93 10

MA

106,7

TR

184,0

ZZ

145,4

0805 10 20

EG

46,7

IL

71,3

MA

54,4

TN

57,0

TR

68,2

ZZ

59,5

0805 50 10

TR

48,1

ZZ

48,1

0808 10 80

AR

94,0

BR

70,9

CA

81,0

CL

107,2

CN

97,0

MK

27,7

US

176,0

ZZ

93,4

0808 30 90

AR

108,2

CL

146,7

US

124,8

ZA

99,5

ZZ

119,8

---

(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’.

---

DECISIONS

| 18.3.2015 | EN | Official Journal of the European Union | L 74/31 |
| --- | --- | --- | --- |

18.3.2015

EN

Official Journal of the European Union

L 74/31

---

COMMISSION IMPLEMENTING DECISION (EU) 2015/450

of 16 March 2015

laying down test requirements for Member States integrating into the second generation Schengen Information System (SIS II) or changing substantially their directly related national systems

(notified under document C(2015) 1612)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (1), and in particular Articles 8(4), 9(1) and 20(3), point (a) of Article 22, and Articles 36(4) and 37(7) thereof,

Having regard to Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (2), and in particular Articles 8(4), 9(1) and 20(4), point (a) of Article 22, and Articles 51(4) and 52(7) thereof,

Having consulted the European Data Protection Supervisor,

Whereas:

| (1) | The Schengen Information System was set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (3). That system constituted an essential tool for the application of the provision of the Schengen acquis as integrated into the framework of the Union. |
| --- | --- |

(1)

The Schengen Information System was set up pursuant to the provisions of Title IV of the Convention of 19 June 1990 implementing the Schengen Agreement of 14 June 1985 between the governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (3). That system constituted an essential tool for the application of the provision of the Schengen acquis as integrated into the framework of the Union.

| (2) | The Schengen Information System was replaced on 9 April 2013 by the second generation Schengen Information System (SIS II) when Regulation (EC) No 1987/2006 and Decision 2007/533/JHA became applicable. Like its predecessor system, SIS II constitutes a major counterpart to the abolition of controls at the internal borders as well as a crucial contribution to the maintenance of a high level of security within the area of freedom, security and justice. |
| --- | --- |

(2)

The Schengen Information System was replaced on 9 April 2013 by the second generation Schengen Information System (SIS II) when Regulation (EC) No 1987/2006 and Decision 2007/533/JHA became applicable. Like its predecessor system, SIS II constitutes a major counterpart to the abolition of controls at the internal borders as well as a crucial contribution to the maintenance of a high level of security within the area of freedom, security and justice.

| (3) | The technical architecture of SIS II is composed of a central system (Central SIS II), national applications and a communication infrastructure between Central SIS II and the national applications. |
| --- | --- |

(3)

The technical architecture of SIS II is composed of a central system (Central SIS II), national applications and a communication infrastructure between Central SIS II and the national applications.

| (4) | It was and remains necessary to conduct tests in order to assess whether SIS II operates in accordance with the technical and functional requirements as defined in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA. |
| --- | --- |

(4)

It was and remains necessary to conduct tests in order to assess whether SIS II operates in accordance with the technical and functional requirements as defined in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA.

| (5) | The testing requirements applicable for the major test phases of the technical development of SIS II were laid down in Council Regulation (EC) No 189/2008 (4) and Council Decision 2008/173/JHA (5) as well as in Council Regulation (EC) No 1104/2008 (6) and Council Decision 2008/839/JHA (7). Those instruments defined the basic requirements and organisation of the tests of the SIS II Central system, the SIS II national systems, the interaction between them as well as the tests related to the communication infrastructure. As those instruments related to the technical development of SIS II, they exhausted their legal effect once SIS II entered into operation on 9 April 2013. Regulation (EC) No 1104/2008 and Decision 2008/839/JHA expired on 8 May 2013 and were moreover repealed by Council Regulation (EU) No 1273/2012 (8) and Council Regulation (EU) No 1272/2012 (9) respectively. The repeal of Regulation (EC) No 189/2008 and Decision 2008/173/JHA has been proposed in 2014 (10). |
| --- | --- |

(5)

The testing requirements applicable for the major test phases of the technical development of SIS II were laid down in Council Regulation (EC) No 189/2008 (4) and Council Decision 2008/173/JHA (5) as well as in Council Regulation (EC) No 1104/2008 (6) and Council Decision 2008/839/JHA (7). Those instruments defined the basic requirements and organisation of the tests of the SIS II Central system, the SIS II national systems, the interaction between them as well as the tests related to the communication infrastructure. As those instruments related to the technical development of SIS II, they exhausted their legal effect once SIS II entered into operation on 9 April 2013. Regulation (EC) No 1104/2008 and Decision 2008/839/JHA expired on 8 May 2013 and were moreover repealed by Council Regulation (EU) No 1273/2012 (8) and Council Regulation (EU) No 1272/2012 (9) respectively. The repeal of Regulation (EC) No 189/2008 and Decision 2008/173/JHA has been proposed in 2014 (10).

| (6) | Regulation (EC) No 189/2008, Decision 2008/173/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA made the tests of the communication infrastructure, the national compliance tests, the comprehensive tests as well as the test of the exchange of supplementary of information obligatory for Member States which migrated from SIS 1+ to SIS II. Success of testing of the Central SIS II, national compliance tests and tests related to the communication infrastructure was a precondition to start with the comprehensive test. The Commission had to declare the successful completion of the comprehensive test as a precondition of to apply Regulation (EC) No 1987/2006 and Decision 2007/533/JHA. |
| --- | --- |

(6)

Regulation (EC) No 189/2008, Decision 2008/173/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA made the tests of the communication infrastructure, the national compliance tests, the comprehensive tests as well as the test of the exchange of supplementary of information obligatory for Member States which migrated from SIS 1+ to SIS II. Success of testing of the Central SIS II, national compliance tests and tests related to the communication infrastructure was a precondition to start with the comprehensive test. The Commission had to declare the successful completion of the comprehensive test as a precondition of to apply Regulation (EC) No 1987/2006 and Decision 2007/533/JHA.

| (7) | In the light of enlargement of the Union and in particular the enlargement of the area of freedom, security and justice it is necessary to define the tests which demonstrate the technical readiness of a Member State to integrate into SIS II. In order to reinforce legal certainty it is necessary to define testing requirements. These tests should prove that a Member State is able to exchange supplementary information, its national system is fully in compliance with Central SIS II, it is able to enter, update, delete and search data, it is able to upload photographs and fingerprints in the quality required and it is able to process data on misused identity. |
| --- | --- |

(7)

In the light of enlargement of the Union and in particular the enlargement of the area of freedom, security and justice it is necessary to define the tests which demonstrate the technical readiness of a Member State to integrate into SIS II. In order to reinforce legal certainty it is necessary to define testing requirements. These tests should prove that a Member State is able to exchange supplementary information, its national system is fully in compliance with Central SIS II, it is able to enter, update, delete and search data, it is able to upload photographs and fingerprints in the quality required and it is able to process data on misused identity.

| (8) | Member States which intend to implement a substantial change in their SIS II national systems (N.SIS II) or SIRENE application as referred to in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA should also undergo testing as defined by the Management Authority in order to prove full compliance with Central SIS II or demonstrate the ability to exchange supplementary information. The European Agency for the operational management of large-scale IT-systems in the area of freedom security and justice was empowered to be the Management Authority by Regulation (EC) No 1987/2006 and Decision 2007/533/JHA combined with Regulation (EU) No 1077/2011 of the European Parliament and of the Council (11). |
| --- | --- |

(8)

Member States which intend to implement a substantial change in their SIS II national systems (N.SIS II) or SIRENE application as referred to in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA should also undergo testing as defined by the Management Authority in order to prove full compliance with Central SIS II or demonstrate the ability to exchange supplementary information. The European Agency for the operational management of large-scale IT-systems in the area of freedom security and justice was empowered to be the Management Authority by Regulation (EC) No 1987/2006 and Decision 2007/533/JHA combined with Regulation (EU) No 1077/2011 of the European Parliament and of the Council (11).

| (9) | Taking into account the principle that the same technical requirements should apply to all Member States, it is appropriate to apply the same test phases to Member States envisaging to integrate SIS II as the ones Member States had to execute for the migration from SIS 1+ to SIS II. |
| --- | --- |

(9)

Taking into account the principle that the same technical requirements should apply to all Member States, it is appropriate to apply the same test phases to Member States envisaging to integrate SIS II as the ones Member States had to execute for the migration from SIS 1+ to SIS II.

| (10) | It is also appropriate to make use of the experience gained during development of SIS II and add tests which were not foreseen in any legal instruments but were added by Member States acting within preparatory bodies of the Council, in particular the test on the exchange of SIRENE forms. |
| --- | --- |

(10)

It is also appropriate to make use of the experience gained during development of SIS II and add tests which were not foreseen in any legal instruments but were added by Member States acting within preparatory bodies of the Council, in particular the test on the exchange of SIRENE forms.

| (11) | The tests should be organised, defined and executed by the Management Authority assisted by the Member States. |
| --- | --- |

(11)

The tests should be organised, defined and executed by the Management Authority assisted by the Member States.

| (12) | Given that Regulation (EC) No 1987/2006 builds upon the Schengen acquis, Denmark, in accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, notified by letter of 15 June 2007 the transposition of this acquis into its national law. Denmark participates in Decision 2007/533/JHA. It is therefore bound to implement this Decision. |
| --- | --- |

(12)

Given that Regulation (EC) No 1987/2006 builds upon the Schengen acquis, Denmark, in accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, notified by letter of 15 June 2007 the transposition of this acquis into its national law. Denmark participates in Decision 2007/533/JHA. It is therefore bound to implement this Decision.

| (13) | The United Kingdom is taking part in this Decision to the extent that it does not concern the exchange of supplementary information in relation to Articles 24 and 25 of Regulation (EC) No 1987/2006, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and Article 8(2) of Council Decision 2000/365/EC (12). |
| --- | --- |

(13)

The United Kingdom is taking part in this Decision to the extent that it does not concern the exchange of supplementary information in relation to Articles 24 and 25 of Regulation (EC) No 1987/2006, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and Article 8(2) of Council Decision 2000/365/EC (12).

| (14) | Ireland is taking part in this Decision to the extent that it does not concern the exchange of supplementary information in relation to Articles 24 and 25 of Regulation (EC) No 1987/2006, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and Article 6(2) of Council Decision 2002/192/EC (13). |
| --- | --- |

(14)

Ireland is taking part in this Decision to the extent that it does not concern the exchange of supplementary information in relation to Articles 24 and 25 of Regulation (EC) No 1987/2006, in accordance with Article 5 of the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and Article 6(2) of Council Decision 2002/192/EC (13).

| (15) | As regards Cyprus, this Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession. |
| --- | --- |

(15)

As regards Cyprus, this Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 3(2) of the 2003 Act of Accession.

| (16) | As regards Croatia, this Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 4(1) of the 2012 Act of Accession. |
| --- | --- |

(16)

As regards Croatia, this Decision constitutes an act building upon the Schengen acquis or otherwise related to it within the meaning of Article 4(1) of the 2012 Act of Accession.

| (17) | As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (14), which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC (15). |
| --- | --- |

(17)

As regards Iceland and Norway, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (14), which fall within the area referred to in Article 1, point G of Council Decision 1999/437/EC (15).

| (18) | As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (16), which falls within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC (17). |
| --- | --- |

(18)

As regards Switzerland, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (16), which falls within the area referred to in Article 1, point G of Decision 1999/437/EC read in conjunction with Article 4(1) of Council Decision 2004/860/EC (17).

| (19) | As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (18), which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (19). |
| --- | --- |

(19)

As regards Liechtenstein, this Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Protocol signed between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (18), which fall within the area referred to in Article 1, point G, of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU (19).

| (20) | The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 51 of Regulation (EC) No 1987/2006 and Article 67 of Decision 2007/533/JHA, |
| --- | --- |

(20)

The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 51 of Regulation (EC) No 1987/2006 and Article 67 of Decision 2007/533/JHA,

HAS ADOPTED THIS DECISION:

Article 1

1.   Before integrating into the second generation Schengen Information System (SIS II), Member States shall conduct and undergo the tests and test procedure set out in the Annex to this Decision.

2.   Member States which intend to implement a substantial change in their N.SIS II or SIRENE application shall request the Management Authority to determine which of the tests among those set out in the Annex to this Decision have to be performed and undergo the test procedure set out in the Annex to this Decision. The Member States concerned shall not implement those changes before the tests have been successfully performed.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 16 March 2015.

For the Commission

Dimitris AVRAMOPOULOS

Member of the Commission

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

1

(2)  
  OJ L 205, 7.8.2007, p. 63.

2

(3)  
  OJ L 239, 22.9.2000, p. 19.

3

(4)  Council Regulation (EC) No 189/2008 of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II) (OJ L 57, 1.3.2008, p. 1).

4

(5)  Council Decision 2008/173/JHA of 18 February 2008 on the tests of the second generation Schengen Information System (SIS II) (OJ L 57, 1.3.2008, p. 14).

5

(6)  Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (OJ L 299, 8.11.2008, p. 1).

6

(7)  Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (OJ L 299, 8.11.2008, p. 43).

7

(8)  Council Regulation (EU) No 1273/2012 of 20 December 2012 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (OJ L 359, 29.12.2012, p. 32).

8

(9)  Council Regulation (EU) No 1272/2012 of 20 December 2012 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (OJ L 359, 29.12.2012, p. 21).

9

(10)  COM(2014) 713 final and COM(2014) 714 final.

10

(11)  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 (OJ L 286, 1.11.2011, p. 1).

11

(12)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

12

acquis

(13)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

13

acquis

(14)  
  OJ L 176, 10.7.1999, p. 36.

14

(15)  Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999, p. 31).

15

acquis

(16)  
  OJ L 53, 27.2.2008, p. 52.

16

(17)  Council Decision 2004/860/EC of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 370, 17.12.2004, p. 78).

17

acquis

(18)  
  OJ L 160, 18.6.2011, p. 21.

18

(19)  Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011, p. 19).

19

acquis

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ANNEX

‘SIS II TESTS

1.   OBJECTIVES

The tests listed hereafter serve to demonstrate that the national system (N.SIS II), the communication infrastructure and the interactions between Central SIS II (C.SIS II) and N.SIS II work in accordance with the technical and functional requirements set out in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA.

Moreover, those SIS II tests are also to demonstrate that N.SIS II, the communication infrastructure and the interactions between C.SIS II and the N.SIS II can work in accordance with non-functional requirements such as robustness, availability and performance set out in Regulation (EC) No 1987/2006 and Decision 2007/533/JHA.

2.   PROCESS, DETAILED SCOPE AND ORGANISATION OF SIS II TESTS

The sequence of tests, their objective, scope (depending on the national implementation) and organisation is as follows.

2.1.   
  Connectivity tests are the first phase of tests which address the testing of the connectivity and resilience of the SIS II communication infrastructure.

2.2.   
  National compliance tests are the second phase of tests which address the testing of the compliance of N.SIS II to the specifications described in the reference version of the Interface Control Document (ICD).

2.3.   Local National Interfaces (LNI)/Back-up Local National Interface (BLNI) tests are the third phase of the tests which address the connectivity and the resilience of the SIS II communication infrastructure with the aim of testing the correct functioning and resilience of the N.SIS II behind both the LNI and the BLNI, if a Member State has a BLNI.

2.4.   
  Global tests are the fourth phase of the tests which address proper functioning of the N.SIS II against the valid ICD specification under similar conditions and with the involvement of other countries connected to SIS II, as required during the daily operations. They are split into two distinct phases:

2.4.1.   Member State Tests

During this test phase all established Member States which are connected to SIS II already have to demonstrate their capabilities to consume messages from the acceding Member State. The acceding Member State's traffic may be generated by using simulators.

2.4.2.   Comprehensive Tests

During this phase the system under test (SUT) will be exposed to traffic(nominal, stress and peak traffic) as can be expected during normal operations. Member States (except the SUT) are replaced by simulators. The aim of this phase is to ensure that the SUT can consume and process all incoming messages and perform normal operations, including resilience testing.

2.5.   
  ITSM tests are the fifth phase of the tests which address the organisation of IT Service Management, including the operation and communication procedures via communication systems such as the SIS II SPoC mail, eOPM, SM7.

2.6.   
  SIRENE connectivity tests are the sixth phase of the tests which address connectivity and resilience of the SIRENE Mail infrastructure and check the basic functioning of the mailboxes through simulating basic traffic.

2.7.   
  SIRENE functional tests are the seventh phase of the tests which will address the functioning of the national SIRENE technical solution and exchange of information between SIRENE Bureaux through forms sent via the SIRENE Mail infrastructure according to the specifications provided for in the SIRENE Manual set out by Commission Implementing Decision (EU) 2015/219 (1), entering, modifying, flagging, deleting corresponding alerts in SIS II and attaching/detaching relevant additional information to SIS II alerts.

Other types of tests may be foreseen depending on the legal framework pertaining to the particular Member State intending to integrate to SIS II.

2.8.   Coordination of the tests

The European Agency for the operational management of large-scale IT-systems in the area of freedom security and justice (eu-LISA) as the Management Authority coordinates all tests, eu-LISA draws up the test specifications, the test schedule and the final outcome of the tests. Moreover, it will identify, categorise and describe any issues it detects and propose options for solutions.

Member States will assist eu-LISA in the overall performance of all tasks related to the test executions.

2.9.   Test documentation

eu-LISA will define the detailed test specifications. It will make available to the Member State involved the draft and final version of test specifications.

2.10.   Running the tests

eu-LISA will execute the tests together with the Member State and other relevant stakeholders involved on the basis of the test specifications and in accordance with the schedule agreed together with Member State's experts, and demonstrate that the expected test results as foreseen in the test specifications are met. eu-LISA will provide the C.SIS II test environment for testing purposes, including the SIRENE functional tests, where SIRENE functional tests and corresponding alert modifications can be executed.

2.11.   Acceptance of the tests

The verdict on a Member State test can be “passed”, “passed with remark”, “inconclusive”
  “failed” or “Not tested”/“Not applicable”.

| (a) | “Passed”:






  (i) | Actual results are as expected in the “Expected result” description; |
| --- | --- | --- |

(a)

“Passed”:

(i)

Actual results are as expected in the “Expected result” description;

| (ii) | All test conditions and the Test Plan were respected; |
| --- | --- |

(ii)

All test conditions and the Test Plan were respected;

| (iii) | No inconclusive criteria apply. |
| --- | --- |

(iii)

No inconclusive criteria apply.

| (b) | “Passed with remark”
  The conditions listed in point (a) are fulfilled but specific conditions and/or well substantiated reasons caused a unexpected result or event during the test therefore the test passed with remark. |
| --- | --- |

(b)

“Passed with remark”

The conditions listed in point (a) are fulfilled but specific conditions and/or well substantiated reasons caused a unexpected result or event during the test therefore the test passed with remark.

| (c) | “Inconclusive”: unexpected events independent of the SUT occurred during the test. |
| --- | --- |

(c)

“Inconclusive”: unexpected events independent of the SUT occurred during the test.

| (d) | “Failed”: one of the criteria for passing the test is not met. |
| --- | --- |

(d)

“Failed”: one of the criteria for passing the test is not met.

| (e) | “Not tested”/“Not applicable” |
| --- | --- |

(e)

“Not tested”/“Not applicable”

eu-LISA will report on the results of the SIS II tests. It will identify, categorise and describe any issue it detects and propose options for solutions. The Member State's experts will provide all necessary information for the Test Coordination Group to perform its tasks.

Where the test documentation divides the tests into separate phases eu-LISA will inform the Member State of the results of each phase before the start of the following phase.

The acceptance of the tests will be based on reports containing a detailed analysis of the test results and conclusions as to the validation of the Member State's national system (N.SIS II or SIRENE application). If the Member State undergoing testing or eu-LISA considers that the tests could not be successfully completed, this is to be noted in the report. eu-LISA will provide an opinion on the successful completion of the SIS II tests, taking into account the views expressed by the Member State's experts and eu-LISA will submit the test result with its opinion to the relevant formations of the SISVIS Committee for the final approval.

3.   INTERFACE CONTROL DOCUMENT (ICD) AND DETAILED TECHNICAL SPECIFICATION (DTS) FOR TESTING

The N.SIS II in each of the countries getting integrated to SIS II will be tested against the latest specifications.

The Detailed Technical Specifications (DTS) prepared by eu-LISA define the functional and non-functional specifications of the C.SIS II.

The ICD prepared by the eu-LISA will define the interface between the C.SIS II and N.SIS II. It contains the technical specifications of the system-to-system interactions in terms of data items and messages passed, protocols used as well as timing and sequencing of events.

Specifications, as provided in the ICD and DTS, will be fixed for a given period and the timing of the update of both systems will be laid down in a release plan that will define the reference version for a given test phase. Issues found during the test campaigns will be reported, analysed and solved in accordance with established operational procedures, taking into account the opinion of the experts of the Member State which is undergoing testing.

4.   INTERIM AND FINAL REPORT ON THE RESULTS OF THE TEST PHASES

eu-LISA will draw up, on a regular basis, reports on the status of the tests. The reports will note which test phase is currently being dealt with and whether the Member State has completed, begun or not yet begun any of the phases. If any repercussions for the test timetable are noticeable, they and their cause should be recorded.

On the conclusion of each test phase eu-LISA will draw up a report on the results, any issues it detects and options for solutions. In cases where the Member State undergoing testing or eu-LISA considers that tests could not be successfully completed they will record this fact, stating the reasons, in a separate note.’

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(1)  Commission Implementing Decision (EU) 2015/219 of 29 January 2015 replacing the Annex to Implementing Decision 2013/115/EU on the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) (OJ L 44, 18.2.2015, p. 75).

1

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