# Official Journal L 267/2009

| | ISSN 1725-2555
  doi:10.3000/17252555.L_2009.267.eng |
| --- | --- |
| Official Journal
  of the European Union | L 267 |
| | |
| English edition | Legislation | Volume 5210 October 2009 |

ISSN 1725-2555

doi:10.3000/17252555.L_2009.267.eng

Official Journal

of the European Union

L 267

English edition

Legislation

Volume 5210 October 2009

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 945/2009 of 9 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 946/2009 of 8 October 2009 establishing a prohibition of fishing for saithe in IIIa and IV; EC waters of IIa, IIIb, IIIc and IIId by vessels flying the flag of Sweden | 3 |
| | | Commission Regulation (EC) No 947/2009 of 9 October 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year | 5 |
| | | DIRECTIVES |
| | * | Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (
  1
  ) | 7 |
| | * | Commission Directive 2009/129/EC of 9 October 2009 amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto to technical progress (
  1
  ) | 18 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 945/2009 of 9 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 946/2009 of 8 October 2009 establishing a prohibition of fishing for saithe in IIIa and IV; EC waters of IIa, IIIb, IIIc and IIId by vessels flying the flag of Sweden

3

Commission Regulation (EC) No 947/2009 of 9 October 2009 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year

5

DIRECTIVES

*

Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (
  1
  )

1

7

*

Commission Directive 2009/129/EC of 9 October 2009 amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto to technical progress (
  1
  )

1

18

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Commission |
| | | 2009/746/EC |
| | * | Commission Decision of 9 October 2009 on a Community financial contribution towards Member States’ fisheries control, inspection and surveillance programmes for 2009
  (notified under document C(2009) 7592) | 20 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

2009/746/EC

*

Commission Decision of 9 October 2009 on a Community financial contribution towards Member States’ fisheries control, inspection and surveillance programmes for 2009
  (notified under document C(2009) 7592)

(notified under document C(2009) 7592)

20

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

---

(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.

---

I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 10.10.2009 | EN | Official Journal of the European Union | L 267/1 |
| --- | --- | --- | --- |

10.10.2009

EN

Official Journal of the European Union

L 267/1

---

COMMISSION REGULATION (EC) No 945/2009

of 9 October 2009

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 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 XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 10 October 2009.

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

Done at Brussels, 9 October 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 350, 31.12.2007, 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 | MK | 30,9 |
| TR | 71,2 |
| ZZ | 51,1 |
| 0707 00 05 | TR | 122,8 |
| ZZ | 122,8 |
| 0709 90 70 | TR | 82,7 |
| ZZ | 82,7 |
| 0805 50 10 | AR | 99,8 |
| CL | 83,5 |
| TR | 76,5 |
| UY | 55,5 |
| ZA | 97,8 |
| ZZ | 82,6 |
| 0806 10 10 | BR | 188,8 |
| TR | 103,3 |
| US | 186,7 |
| ZZ | 159,6 |
| 0808 10 80 | BR | 63,1 |
| CL | 86,9 |
| NZ | 77,5 |
| US | 80,3 |
| ZA | 69,1 |
| ZZ | 75,4 |
| 0808 20 50 | CN | 41,0 |
| TR | 88,0 |
| ZA | 79,5 |
| ZZ | 69,5 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MK

30,9

TR

71,2

ZZ

51,1

0707 00 05

TR

122,8

ZZ

122,8

0709 90 70

TR

82,7

ZZ

82,7

0805 50 10

AR

99,8

CL

83,5

TR

76,5

UY

55,5

ZA

97,8

ZZ

82,6

0806 10 10

BR

188,8

TR

103,3

US

186,7

ZZ

159,6

0808 10 80

BR

63,1

CL

86,9

NZ

77,5

US

80,3

ZA

69,1

ZZ

75,4

0808 20 50

CN

41,0

TR

88,0

ZA

79,5

ZZ

69,5

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---

| 10.10.2009 | EN | Official Journal of the European Union | L 267/3 |
| --- | --- | --- | --- |

10.10.2009

EN

Official Journal of the European Union

L 267/3

---

COMMISSION REGULATION (EC) No 946/2009

of 8 October 2009

establishing a prohibition of fishing for saithe in IIIa and IV; EC waters of IIa, IIIb, IIIc and IIId by vessels flying the flag of Sweden

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

| (1) | Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009. |
| --- | --- |

(1)

Council Regulation (EC) No 43/2009 of 16 January 2009 fixing for 2009 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks applicable in Community waters and for Community vessels, in waters where catch limitations are required (3), lays down quotas for 2009.

| (2) | According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009. |
| --- | --- |

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2009.

| (3) | It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing, |
| --- | --- |

(3)

It is therefore necessary to prohibit fishing for that stock and its retention on board, transhipment and landing,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2009 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 8 October 2009.

For the Commission

Fokion FOTIADIS

Director-General for Maritime Affairs and Fisheries

---

(1)  
  OJ L 358, 31.12.2002, p. 59.

1

(2)  
  OJ L 261, 20.10.1993, p. 1.

2

(3)  
  OJ L 22, 26.1.2009, p. 1.

3

---

ANNEX

| No | 23/T&Q |
| --- | --- |
| Member State | Sweden |
| Stock | POK/2A34. |
| Species | Saithe (Pollachius virens) |
| Zone | IIIa and IV; EC waters of IIa, IIIb, IIIc and IIId |
| Date | 28.9.2009 |

No

23/T&Q

Member State

Sweden

Stock

POK/2A34.

Species

Saithe (Pollachius virens)

Zone

IIIa and IV; EC waters of IIa, IIIb, IIIc and IIId

Date

28.9.2009

---

| 10.10.2009 | EN | Official Journal of the European Union | L 267/5 |
| --- | --- | --- | --- |

10.10.2009

EN

Official Journal of the European Union

L 267/5

---

COMMISSION REGULATION (EC) No 947/2009

of 9 October 2009

amending the representative prices and additional import duties for certain products in the sugar sector fixed by Regulation (EC) No 877/2009 for the 2009/2010 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/2010 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 941/2009 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2009/2010 marketing year are fixed by Commission Regulation (EC) No 877/2009 (3). These prices and duties have been last amended by Commission Regulation (EC) No 941/2009 (4).

| (2) | The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

The data currently available to the Commission indicate that those amounts should be amended in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 877/2009 for the 2009/2010, marketing year, are hereby amended as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 10 October 2009.

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

Done at Brussels, 9 October 2009.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

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

1

(2)  
  OJ L 178, 1.7.2006, p. 24.

2

(3)  
  OJ L 253, 25.9.2009, p. 3.

3

(4)  
  OJ L 265, 9.10.2009, p. 3.

4

---

ANNEX

Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 10 October 2009

| (EUR) |
| --- |
| CN code | Representative price per 100 kg net of the product concerned | Additional duty per 100 kg net of the product concerned |
| 1701 11 10  (1) | 35,41 | 0,66 |
| 1701 11 90  (1) | 35,41 | 4,28 |
| 1701 12 10  (1) | 35,41 | 0,53 |
| 1701 12 90  (1) | 35,41 | 3,98 |
| 1701 91 00  (2) | 38,95 | 5,78 |
| 1701 99 10  (2) | 38,95 | 2,65 |
| 1701 99 90  (2) | 38,95 | 2,65 |
| 1702 90 95  (3) | 0,39 | 0,29 |

(EUR)

CN code

Representative price per 100 kg net of the product concerned

Additional duty per 100 kg net of the product concerned

1701 11 10  (1)

35,41

0,66

1701 11 90  (1)

35,41

4,28

1701 12 10  (1)

35,41

0,53

1701 12 90  (1)

35,41

3,98

1701 91 00  (2)

38,95

5,78

1701 99 10  (2)

38,95

2,65

1701 99 90  (2)

38,95

2,65

1702 90 95  (3)

0,39

0,29

---

(1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

(2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

(3)  Per 1 % sucrose content.

---

DIRECTIVES

| 10.10.2009 | EN | Official Journal of the European Union | L 267/7 |
| --- | --- | --- | --- |

10.10.2009

EN

Official Journal of the European Union

L 267/7

---

DIRECTIVE 2009/110/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 16 September 2009

on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the first and third sentences of Article 47(2) and Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the European Central Bank (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

| (1) | Directive 2000/46/EC of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit of and prudential supervision of the business of electronic money institutions (4) was adopted in response to the emergence of new pre-paid electronic payment products and was intended to create a clear legal framework designed to strengthen the internal market while ensuring an adequate level of prudential supervision. |
| --- | --- |

(1)

Directive 2000/46/EC of the European Parliament and of the Council of 18 September 2000 on the taking up, pursuit of and prudential supervision of the business of electronic money institutions (4) was adopted in response to the emergence of new pre-paid electronic payment products and was intended to create a clear legal framework designed to strengthen the internal market while ensuring an adequate level of prudential supervision.

| (2) | In its review of Directive 2000/46/EC the Commission highlighted the need to revise that Directive since some of its provisions were considered to have hindered the emergence of a true single market for electronic money services and the development of such user-friendly services. |
| --- | --- |

(2)

In its review of Directive 2000/46/EC the Commission highlighted the need to revise that Directive since some of its provisions were considered to have hindered the emergence of a true single market for electronic money services and the development of such user-friendly services.

| (3) | Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (5) has established a modern and coherent legal framework for payment services, including the coordination of national provisions on prudential requirements for a new category of payment service providers, namely payment institutions. |
| --- | --- |

(3)

Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (5) has established a modern and coherent legal framework for payment services, including the coordination of national provisions on prudential requirements for a new category of payment service providers, namely payment institutions.

| (4) | With the objective of removing barriers to market entry and facilitating the taking up and pursuit of the business of electronic money issuance, the rules to which electronic money institutions are subject need to be reviewed so as to ensure a level playing field for all payment services providers. |
| --- | --- |

(4)

With the objective of removing barriers to market entry and facilitating the taking up and pursuit of the business of electronic money issuance, the rules to which electronic money institutions are subject need to be reviewed so as to ensure a level playing field for all payment services providers.

| (5) | It is appropriate to limit the application of this Directive to payment service providers that issue electronic money. This Directive should not apply to monetary value stored on specific pre-paid instruments, designed to address precise needs that can be used only in a limited way, because they allow the electronic money holder to purchase goods or services only in the premises of the electronic money issuer or within a limited network of service providers under direct commercial agreement with a professional issuer, or because they can be used only to acquire a limited range of goods or services. An instrument should be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores, or for a limited range of goods or services, regardless of the geographical location of the point of sale. Such instruments could include store cards, petrol cards, membership cards, public transport cards, meal vouchers or vouchers for services (such as vouchers for childcare, or vouchers for social or services schemes which subsidise the employment of staff to carry out household tasks such as cleaning, ironing or gardening), which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation. Where such a specific-purpose instrument develops into a general-purpose instrument, the exemption from the scope of this Directive should no longer apply. Instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this Directive as such instruments are typically designed for a network of service providers which is continuously growing. |
| --- | --- |

(5)

It is appropriate to limit the application of this Directive to payment service providers that issue electronic money. This Directive should not apply to monetary value stored on specific pre-paid instruments, designed to address precise needs that can be used only in a limited way, because they allow the electronic money holder to purchase goods or services only in the premises of the electronic money issuer or within a limited network of service providers under direct commercial agreement with a professional issuer, or because they can be used only to acquire a limited range of goods or services. An instrument should be considered to be used within such a limited network if it can be used only either for the purchase of goods and services in a specific store or chain of stores, or for a limited range of goods or services, regardless of the geographical location of the point of sale. Such instruments could include store cards, petrol cards, membership cards, public transport cards, meal vouchers or vouchers for services (such as vouchers for childcare, or vouchers for social or services schemes which subsidise the employment of staff to carry out household tasks such as cleaning, ironing or gardening), which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation. Where such a specific-purpose instrument develops into a general-purpose instrument, the exemption from the scope of this Directive should no longer apply. Instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this Directive as such instruments are typically designed for a network of service providers which is continuously growing.

| (6) | It is also appropriate that this Directive not apply to monetary value that is used to purchase digital goods or services, where, by virtue of the nature of the good or service, the operator adds intrinsic value to it, e.g. in the form of access, search or distribution facilities, provided that the good or service in question can be used only through a digital device, such as a mobile phone or a computer, and provided that the telecommunication, digital or information technology operator does not act only as an intermediary between the payment service user and the supplier of the goods and services. This is a situation where a mobile phone or other digital network subscriber pays the network operator directly and there is neither a direct payment relationship nor a direct debtor-creditor relationship between the network subscriber and any third-party supplier of goods or services delivered as part of the transaction. |
| --- | --- |

(6)

It is also appropriate that this Directive not apply to monetary value that is used to purchase digital goods or services, where, by virtue of the nature of the good or service, the operator adds intrinsic value to it, e.g. in the form of access, search or distribution facilities, provided that the good or service in question can be used only through a digital device, such as a mobile phone or a computer, and provided that the telecommunication, digital or information technology operator does not act only as an intermediary between the payment service user and the supplier of the goods and services. This is a situation where a mobile phone or other digital network subscriber pays the network operator directly and there is neither a direct payment relationship nor a direct debtor-creditor relationship between the network subscriber and any third-party supplier of goods or services delivered as part of the transaction.

| (7) | It is appropriate to introduce a clear definition of electronic money in order to make it technically neutral. That definition should cover all situations where the payment service provider issues a pre-paid stored value in exchange for funds, which can be used for payment purposes because it is accepted by third persons as a payment. |
| --- | --- |

(7)

It is appropriate to introduce a clear definition of electronic money in order to make it technically neutral. That definition should cover all situations where the payment service provider issues a pre-paid stored value in exchange for funds, which can be used for payment purposes because it is accepted by third persons as a payment.

| (8) | The definition of electronic money should cover electronic money whether it is held on a payment device in the electronic money holder’s possession or stored remotely at a server and managed by the electronic money holder through a specific account for electronic money. That definition should be wide enough to avoid hampering technological innovation and to cover not only all the electronic money products available today in the market but also those products which could be developed in the future. |
| --- | --- |

(8)

The definition of electronic money should cover electronic money whether it is held on a payment device in the electronic money holder’s possession or stored remotely at a server and managed by the electronic money holder through a specific account for electronic money. That definition should be wide enough to avoid hampering technological innovation and to cover not only all the electronic money products available today in the market but also those products which could be developed in the future.

| (9) | The prudential supervisory regime for electronic money institutions should be reviewed and aligned more closely with the risks faced by those institutions. That regime should also be made coherent with the prudential supervisory regime applying to payment institutions under Directive 2007/64/EC. In this respect, the relevant provisions of Directive 2007/64/EC should apply mutatis mutandis to electronic money institutions without prejudice to the provisions of this Directive. A reference to ‘payment institution’ in Directive 2007/64/EC therefore needs to be read as a reference to electronic money institution; a reference to ‘payment service’ needs to be read as a reference to the activity of payment services and issuing electronic money; a reference to ‘payment service user’ needs to be read as a reference to payment service user and electronic money holder; a reference to ‘this Directive’ needs to be read as a reference to both Directive 2007/64/EC and this Directive; a reference to Title II of Directive 2007/64/EC needs to be read as a reference to Title II of Directive 2007/64/EC and Title II of this Directive; a reference to Article 6 of Directive 2007/64/EC needs to be read as a reference to Article 4 of this Directive; a reference to Article 7(1) of Directive 2007/64/EC needs to be read as a reference to Article 5(1) of this Directive; a reference to Article 7(2) of Directive 2007/64/EC needs to be read as a reference to Article 5(6) of this Directive; a reference to Article 8 of Directive 2007/64/EC needs to be read as a reference to Article 5(2) to (5) of this Directive; a reference to Article 9 of Directive 2007/64/EC needs to be read as a reference to Article 7 of this Directive; a reference to Article 16(1) of Directive 2007/64/EC needs to be read as a reference to Article 6(1)(c) to (e) of this Directive; and a reference to Article 26 of Directive 2007/64/EC needs to be read as a reference to Article 9 of this Directive. |
| --- | --- |

(9)

The prudential supervisory regime for electronic money institutions should be reviewed and aligned more closely with the risks faced by those institutions. That regime should also be made coherent with the prudential supervisory regime applying to payment institutions under Directive 2007/64/EC. In this respect, the relevant provisions of Directive 2007/64/EC should apply mutatis mutandis to electronic money institutions without prejudice to the provisions of this Directive. A reference to ‘payment institution’ in Directive 2007/64/EC therefore needs to be read as a reference to electronic money institution; a reference to ‘payment service’ needs to be read as a reference to the activity of payment services and issuing electronic money; a reference to ‘payment service user’ needs to be read as a reference to payment service user and electronic money holder; a reference to ‘this Directive’ needs to be read as a reference to both Directive 2007/64/EC and this Directive; a reference to Title II of Directive 2007/64/EC needs to be read as a reference to Title II of Directive 2007/64/EC and Title II of this Directive; a reference to Article 6 of Directive 2007/64/EC needs to be read as a reference to Article 4 of this Directive; a reference to Article 7(1) of Directive 2007/64/EC needs to be read as a reference to Article 5(1) of this Directive; a reference to Article 7(2) of Directive 2007/64/EC needs to be read as a reference to Article 5(6) of this Directive; a reference to Article 8 of Directive 2007/64/EC needs to be read as a reference to Article 5(2) to (5) of this Directive; a reference to Article 9 of Directive 2007/64/EC needs to be read as a reference to Article 7 of this Directive; a reference to Article 16(1) of Directive 2007/64/EC needs to be read as a reference to Article 6(1)(c) to (e) of this Directive; and a reference to Article 26 of Directive 2007/64/EC needs to be read as a reference to Article 9 of this Directive.

| (10) | It is recognised that electronic money institutions distribute electronic money, including by selling or reselling electronic money products to the public, providing a means of distributing electronic money to customers, or of redeeming electronic money on the request of customers or of topping up customers’ electronic money products, through natural or legal persons on their behalf, according to the requirements of their respective business models. While electronic money institutions should not be permitted to issue electronic money through agents, they should none the less be permitted to provide the payment services listed in the Annex to Directive 2007/64/EC through agents, where the conditions in Article 17 of that Directive are met. |
| --- | --- |

(10)

It is recognised that electronic money institutions distribute electronic money, including by selling or reselling electronic money products to the public, providing a means of distributing electronic money to customers, or of redeeming electronic money on the request of customers or of topping up customers’ electronic money products, through natural or legal persons on their behalf, according to the requirements of their respective business models. While electronic money institutions should not be permitted to issue electronic money through agents, they should none the less be permitted to provide the payment services listed in the Annex to Directive 2007/64/EC through agents, where the conditions in Article 17 of that Directive are met.

| (11) | There is a need for a regime for initial capital combined with one for ongoing capital to ensure an appropriate level of consumer protection and the sound and prudent operation of electronic money institutions. Given the specificity of electronic money, an additional method for calculating ongoing capital should be provided for. Full supervisory discretion to ensure that the same risks are treated in the same way for all payment service providers and that the method of calculation encompasses the specific business situation of a given electronic money institution should be preserved. In addition, provision should be made for electronic money institutions to be required to keep the funds of electronic money holders separate from the funds of the electronic money institution for other business activities. Electronic money institutions should also be subject to effective anti-money laundering and anti-terrorist financing rules. |
| --- | --- |

(11)

There is a need for a regime for initial capital combined with one for ongoing capital to ensure an appropriate level of consumer protection and the sound and prudent operation of electronic money institutions. Given the specificity of electronic money, an additional method for calculating ongoing capital should be provided for. Full supervisory discretion to ensure that the same risks are treated in the same way for all payment service providers and that the method of calculation encompasses the specific business situation of a given electronic money institution should be preserved. In addition, provision should be made for electronic money institutions to be required to keep the funds of electronic money holders separate from the funds of the electronic money institution for other business activities. Electronic money institutions should also be subject to effective anti-money laundering and anti-terrorist financing rules.

| (12) | The operation of payment systems is an activity which is not reserved to specific categories of institution. It is important to recognise, however, that, as is the case for payment institutions, it is also possible for the operation of payment systems to be carried out by electronic money institutions. |
| --- | --- |

(12)

The operation of payment systems is an activity which is not reserved to specific categories of institution. It is important to recognise, however, that, as is the case for payment institutions, it is also possible for the operation of payment systems to be carried out by electronic money institutions.

| (13) | The issuance of electronic money does not constitute a deposit-taking activity pursuant to Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (6), in view of its specific character as an electronic surrogate for coins and banknotes, which is to be used for making payments, usually of limited amount and not as means of saving. Electronic money institutions should not be allowed to grant credit from the funds received or held for the purpose of issuing electronic money. Electronic money issuers should not, moreover, be allowed to grant interest or any other benefit unless those benefits are not related to the length of time during which the electronic money holder holds electronic money. The conditions for granting and maintaining authorisation as electronic money institutions should include prudential requirements that are proportionate to the operational and financial risks faced by such bodies in the course of their business related to the issuance of electronic money, independently of any other commercial activities carried out by the electronic money institution. |
| --- | --- |

(13)

The issuance of electronic money does not constitute a deposit-taking activity pursuant to Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (6), in view of its specific character as an electronic surrogate for coins and banknotes, which is to be used for making payments, usually of limited amount and not as means of saving. Electronic money institutions should not be allowed to grant credit from the funds received or held for the purpose of issuing electronic money. Electronic money issuers should not, moreover, be allowed to grant interest or any other benefit unless those benefits are not related to the length of time during which the electronic money holder holds electronic money. The conditions for granting and maintaining authorisation as electronic money institutions should include prudential requirements that are proportionate to the operational and financial risks faced by such bodies in the course of their business related to the issuance of electronic money, independently of any other commercial activities carried out by the electronic money institution.

| (14) | It is necessary, however, to preserve a level playing field between electronic money institutions and credit institutions with regard to the issuance of electronic money to ensure fair competition for the same service among a wider range of institutions for the benefit of electronic money holders. This should be achieved by balancing the less cumbersome features of the prudential supervisory regime applying to electronic money institutions against provisions that are more stringent than those applying to credit institutions, notably as regards the safeguarding of the funds of an electronic money holder. Given the crucial importance of safeguarding, it is necessary that the competent authorities be informed in advance of any material change, such as a change in the safeguarding method, a change in the credit institution where safeguarded funds are deposited, or a change in the insurance undertaking or credit institution which insured or guaranteed the safeguarded funds. |
| --- | --- |

(14)

It is necessary, however, to preserve a level playing field between electronic money institutions and credit institutions with regard to the issuance of electronic money to ensure fair competition for the same service among a wider range of institutions for the benefit of electronic money holders. This should be achieved by balancing the less cumbersome features of the prudential supervisory regime applying to electronic money institutions against provisions that are more stringent than those applying to credit institutions, notably as regards the safeguarding of the funds of an electronic money holder. Given the crucial importance of safeguarding, it is necessary that the competent authorities be informed in advance of any material change, such as a change in the safeguarding method, a change in the credit institution where safeguarded funds are deposited, or a change in the insurance undertaking or credit institution which insured or guaranteed the safeguarded funds.

| (15) | The rules governing branches of electronic money institutions which have their head office outside the Community should be analogous in all Member States. It is important to provide that such rules not be more favourable than those for branches of electronic money institutions which have their head office in another Member State. The Community should be able to conclude agreements with third countries providing for the application of rules which accord branches of electronic money institutions which have their head office outside the Community the same treatment throughout the Community. The branches of electronic money institutions which have their head office outside the Community should benefit from neither the freedom of establishment under Article 43 of the Treaty in Member States other than those in which they are established nor the freedom to provide services under the second paragraph of Article 49 of the Treaty. |
| --- | --- |

(15)

The rules governing branches of electronic money institutions which have their head office outside the Community should be analogous in all Member States. It is important to provide that such rules not be more favourable than those for branches of electronic money institutions which have their head office in another Member State. The Community should be able to conclude agreements with third countries providing for the application of rules which accord branches of electronic money institutions which have their head office outside the Community the same treatment throughout the Community. The branches of electronic money institutions which have their head office outside the Community should benefit from neither the freedom of establishment under Article 43 of the Treaty in Member States other than those in which they are established nor the freedom to provide services under the second paragraph of Article 49 of the Treaty.

| (16) | It is appropriate to allow Member States to waive the application of certain provisions of this Directive as regards institutions issuing only a limited amount of electronic money. institutions benefiting from such a waiver should not have the right under this Directive to exercise the freedom of establishment or the freedom to provide services and they should not indirectly exercise those rights as members of a payment system. It is desirable, however, to register the details of all entities providing electronic money services, including those benefiting from a waiver. For that purpose, Member States should enter such entities in a register of electronic money institutions. |
| --- | --- |

(16)

It is appropriate to allow Member States to waive the application of certain provisions of this Directive as regards institutions issuing only a limited amount of electronic money. institutions benefiting from such a waiver should not have the right under this Directive to exercise the freedom of establishment or the freedom to provide services and they should not indirectly exercise those rights as members of a payment system. It is desirable, however, to register the details of all entities providing electronic money services, including those benefiting from a waiver. For that purpose, Member States should enter such entities in a register of electronic money institutions.

| (17) | For prudential reasons, Member States should ensure that only electronic money institutions duly authorised or benefiting from a waiver in accordance with this Directive, credit institutions authorised in accordance with Directive 2006/48/EC, post office giro institutions entitled under national law to issue electronic money, institutions referred to in Article 2 of Directive 2006/48/EC, the European Central Bank, national central banks when not acting in their capacity as monetary authority or other public authorities and Member States or their regional or local authorities when acting in their capacity as public authorities may issue electronic money. |
| --- | --- |

(17)

For prudential reasons, Member States should ensure that only electronic money institutions duly authorised or benefiting from a waiver in accordance with this Directive, credit institutions authorised in accordance with Directive 2006/48/EC, post office giro institutions entitled under national law to issue electronic money, institutions referred to in Article 2 of Directive 2006/48/EC, the European Central Bank, national central banks when not acting in their capacity as monetary authority or other public authorities and Member States or their regional or local authorities when acting in their capacity as public authorities may issue electronic money.

| (18) | Electronic money needs to be redeemable to preserve the confidence of the electronic money holder. Redeemability does not imply that the funds received in exchange for electronic money should be regarded as deposits or other repayable funds for the purpose of Directive 2006/48/EC. Redemption should be possible at any time, at par value without any possibility to agree a minimum threshold for redemption. Redemption should, in general, be granted free of charge. However, in cases duly specified in this Directive it should be possible to request a proportionate and cost-based fee without prejudice to national legislation on tax or social matters or any obligations on the electronic money issuer under other relevant Community or national legislation, such as anti-money laundering and anti-terrorist financing rules, any action targeting the freezing of funds or any specific measure linked to the prevention and investigation of crimes. |
| --- | --- |

(18)

Electronic money needs to be redeemable to preserve the confidence of the electronic money holder. Redeemability does not imply that the funds received in exchange for electronic money should be regarded as deposits or other repayable funds for the purpose of Directive 2006/48/EC. Redemption should be possible at any time, at par value without any possibility to agree a minimum threshold for redemption. Redemption should, in general, be granted free of charge. However, in cases duly specified in this Directive it should be possible to request a proportionate and cost-based fee without prejudice to national legislation on tax or social matters or any obligations on the electronic money issuer under other relevant Community or national legislation, such as anti-money laundering and anti-terrorist financing rules, any action targeting the freezing of funds or any specific measure linked to the prevention and investigation of crimes.

| (19) | Out-of-court complaint and redress procedures for the settlement of disputes should be at the disposal of electronic money holders. Chapter 5 of Title IV of Directive 2007/64/EC should therefore apply mutatis mutandis in the context of this Directive, without prejudice to the provisions of this Directive. A reference to ‘payment service provider’ in Directive 2007/64/EC therefore needs to be read as a reference to electronic money issuer; a reference to ‘payment service user’ needs to be read as a reference to electronic money holder; and a reference to Titles III and IV of Directive 2007/64/EC needs to be read as a reference to Title III of this Directive. |
| --- | --- |

(19)

Out-of-court complaint and redress procedures for the settlement of disputes should be at the disposal of electronic money holders. Chapter 5 of Title IV of Directive 2007/64/EC should therefore apply mutatis mutandis in the context of this Directive, without prejudice to the provisions of this Directive. A reference to ‘payment service provider’ in Directive 2007/64/EC therefore needs to be read as a reference to electronic money issuer; a reference to ‘payment service user’ needs to be read as a reference to electronic money holder; and a reference to Titles III and IV of Directive 2007/64/EC needs to be read as a reference to Title III of this Directive.

| (20) | The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). |
| --- | --- |

(20)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7).

| (21) | In particular, the Commission should be empowered to adopt implementing provisions in order to take account of inflation or technological and market developments and to ensure a convergent application of the exemptions under this Directive. Since such measures are of general scope and are designed to amend non-essential elements of this Directive they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. |
| --- | --- |

(21)

In particular, the Commission should be empowered to adopt implementing provisions in order to take account of inflation or technological and market developments and to ensure a convergent application of the exemptions under this Directive. Since such measures are of general scope and are designed to amend non-essential elements of this Directive they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

| (22) | The efficient functioning of this Directive will need to be reviewed. The Commission should therefore be required to produce a report three years after the deadline for transposition of this Directive. Member States should provide to the Commission information regarding the application of some of the provisions of this Directive. |
| --- | --- |

(22)

The efficient functioning of this Directive will need to be reviewed. The Commission should therefore be required to produce a report three years after the deadline for transposition of this Directive. Member States should provide to the Commission information regarding the application of some of the provisions of this Directive.

| (23) | In the interests of legal certainty, transitional arrangements should be made to ensure that electronic money institutions which have taken up their activities in accordance with the national laws transposing Directive 2000/46/EC are able to continue those activities within the Member State concerned for a specified period. That period should be longer for electronic money institutions that have benefited from the waiver provided for in Article 8 of Directive 2000/46/EC. |
| --- | --- |

(23)

In the interests of legal certainty, transitional arrangements should be made to ensure that electronic money institutions which have taken up their activities in accordance with the national laws transposing Directive 2000/46/EC are able to continue those activities within the Member State concerned for a specified period. That period should be longer for electronic money institutions that have benefited from the waiver provided for in Article 8 of Directive 2000/46/EC.

| (24) | This Directive introduces a new definition of electronic money, the issuance of which can benefit from the derogations in Articles 34 and 53 of Directive 2007/64/EC. Therefore, the simplified customer due diligence regime for electronic money institutions under Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (8) should be amended accordingly. |
| --- | --- |

(24)

This Directive introduces a new definition of electronic money, the issuance of which can benefit from the derogations in Articles 34 and 53 of Directive 2007/64/EC. Therefore, the simplified customer due diligence regime for electronic money institutions under Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (8) should be amended accordingly.

| (25) | Pursuant to Directive 2006/48/EC, electronic money institutions are considered to be credit institutions, although they can neither receive deposits from the public nor grant credit from funds received from the public. Given the regime introduced by this Directive, it is appropriate to amend the definition of credit institution in Directive 2006/48/EC in order to ensure that electronic money institutions are not considered to be credit institutions. However, credit institutions should continue to be allowed to issue electronic money and to carry on such activity Community-wide, subject to mutual recognition and to the comprehensive prudential supervisory regime applying to them in accordance with the Community legislation in the field of banking. In the interests of maintaining a level playing field, however, credit institutions should, alternatively, be able to carry out that activity through a subsidiary under the prudential supervisory regime of this Directive, rather than under Directive 2006/48/EC. |
| --- | --- |

(25)

Pursuant to Directive 2006/48/EC, electronic money institutions are considered to be credit institutions, although they can neither receive deposits from the public nor grant credit from funds received from the public. Given the regime introduced by this Directive, it is appropriate to amend the definition of credit institution in Directive 2006/48/EC in order to ensure that electronic money institutions are not considered to be credit institutions. However, credit institutions should continue to be allowed to issue electronic money and to carry on such activity Community-wide, subject to mutual recognition and to the comprehensive prudential supervisory regime applying to them in accordance with the Community legislation in the field of banking. In the interests of maintaining a level playing field, however, credit institutions should, alternatively, be able to carry out that activity through a subsidiary under the prudential supervisory regime of this Directive, rather than under Directive 2006/48/EC.

| (26) | The provisions of this Directive replace all corresponding provisions of Directive 2000/46/EC. Directive 2000/46/EC should therefore be repealed. |
| --- | --- |

(26)

The provisions of this Directive replace all corresponding provisions of Directive 2000/46/EC. Directive 2000/46/EC should therefore be repealed.

| (27) | Since the objective of this Directive cannot be sufficiently achieved by the Member States because it requires the harmonisation of many different rules currently existing in the legal systems of the various Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(27)

Since the objective of this Directive cannot be sufficiently achieved by the Member States because it requires the harmonisation of many different rules currently existing in the legal systems of the various Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (28) | In accordance with point 34 of the Interinstitutional Agreement on better law-making (9), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures and to make them public, |
| --- | --- |

(28)

In accordance with point 34 of the Interinstitutional Agreement on better law-making (9), Member States are encouraged to draw up, for themselves and in the interest of the Community, their own tables illustrating, as far as possible, the correlation between this Directive and the transposition measures and to make them public,

HAVE ADOPTED THIS DIRECTIVE:

TITLE I

SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.   This Directive lays down the rules for the pursuit of the activity of issuing electronic money to which end the Member States shall recognise the following categories of electronic money issuer:

| (a) | credit institutions as defined in point 1 of Article 4 of Directive 2006/48/EC including, in accordance with national law, a branch thereof within the meaning of point 3 of Article 4 of that Directive, where such a branch is located within the Community and its head office is located outside the Community, in accordance with Article 38 of that Directive; |
| --- | --- |

(a)

credit institutions as defined in point 1 of Article 4 of Directive 2006/48/EC including, in accordance with national law, a branch thereof within the meaning of point 3 of Article 4 of that Directive, where such a branch is located within the Community and its head office is located outside the Community, in accordance with Article 38 of that Directive;

| (b) | electronic money institutions as defined in point 1 of Article 2 of this Directive including, in accordance with Article 8 of this Directive and national law, a branch thereof, where such a branch is located within the Community and its head office is located outside the Community; |
| --- | --- |

(b)

electronic money institutions as defined in point 1 of Article 2 of this Directive including, in accordance with Article 8 of this Directive and national law, a branch thereof, where such a branch is located within the Community and its head office is located outside the Community;

| (c) | post office giro institutions which are entitled under national law to issue electronic money; |
| --- | --- |

(c)

post office giro institutions which are entitled under national law to issue electronic money;

| (d) | the European Central Bank and national central banks when not acting in their capacity as monetary authority or other public authorities; |
| --- | --- |

(d)

the European Central Bank and national central banks when not acting in their capacity as monetary authority or other public authorities;

| (e) | Member States or their regional or local authorities when acting in their capacity as public authorities. |
| --- | --- |

(e)

Member States or their regional or local authorities when acting in their capacity as public authorities.

2.   Title II of this Directive lays down the rules for the taking up, the pursuit and the prudential supervision of the business of electronic money institutions.

3.   Member States may waive the application of all or part of the provisions of Title II of this Directive to the institutions referred to in Article 2 of Directive 2006/48/EC, with the exception of those referred to in the first and second indents of that Article.

4.   This Directive does not apply to monetary value stored on instruments exempted as specified in Article 3(k) of Directive 2007/64/EC.

5.   This Directive does not apply to monetary value that is used to make payment transactions exempted as specified in Article 3(l) of Directive 2007/64/EC.

Article 2

Definitions

For the purposes of this Directive, the following definitions shall apply:

| 1. | ‘electronic money institution’ means a legal person that has been granted authorisation under Title II to issue electronic money; |
| --- | --- |

1.

‘electronic money institution’ means a legal person that has been granted authorisation under Title II to issue electronic money;

| 2. | ‘electronic money’ means electronically, including magnetically, stored monetary value as represented by a claim on the issuer which is issued on receipt of funds for the purpose of making payment transactions as defined in point 5 of Article 4 of Directive 2007/64/EC, and which is accepted by a natural or legal person other than the electronic money issuer; |
| --- | --- |

2.

‘electronic money’ means electronically, including magnetically, stored monetary value as represented by a claim on the issuer which is issued on receipt of funds for the purpose of making payment transactions as defined in point 5 of Article 4 of Directive 2007/64/EC, and which is accepted by a natural or legal person other than the electronic money issuer;

| 3. | ‘electronic money issuer’ means entities referred to in Article 1(1), institutions benefiting from the waiver under Article 1(3) and legal persons benefiting from a waiver under Article 9; |
| --- | --- |

3.

‘electronic money issuer’ means entities referred to in Article 1(1), institutions benefiting from the waiver under Article 1(3) and legal persons benefiting from a waiver under Article 9;

| 4. | ‘average outstanding electronic money’ means the average total amount of financial liabilities related to electronic money in issue at the end of each calendar day over the preceding six calendar months, calculated on the first calendar day of each calendar month and applied for that calendar month. |
| --- | --- |

4.

‘average outstanding electronic money’ means the average total amount of financial liabilities related to electronic money in issue at the end of each calendar day over the preceding six calendar months, calculated on the first calendar day of each calendar month and applied for that calendar month.

TITLE II

REQUIREMENTS FOR THE TAKING UP, PURSUIT AND PRUDENTIAL SUPERVISION OF THE BUSINESS OF ELECTRONIC MONEY INSTITUTIONS

Article 3

General prudential rules

1.   Without prejudice to this Directive, Articles 5 and 10 to 15, Article 17(7) and Articles 18 to 25 of Directive 2007/64/EC shall apply to electronic money institutions mutatis mutandis.

2.   Electronic money institutions shall inform the competent authorities in advance of any material change in measures taken for safeguarding of funds that have been received in exchange for electronic money issued.

3.   Any natural or legal person who has taken a decision to acquire or dispose of, directly or indirectly, a qualifying holding within the meaning of point 11 of Article 4 of Directive 2006/48/EC in an electronic money institution, or to further increase or reduce, directly or indirectly, such qualifying holding as a result of which the proportion of the capital or of the voting rights held would reach, exceed or fall below 20 %, 30 % or 50 %, or so that the electronic money institution would become or cease to be its subsidiary, shall inform the competent authorities of their intention in advance of such acquisition, disposal, increase or reduction.

The proposed acquirer shall supply to the competent authority information indicating the size of the intended holding and relevant information referred to in Article 19a(4) of Directive 2006/48/EC.

Where the influence exercised by the persons referred to in the second subparagraph is likely to operate to the detriment of the prudent and sound management of the institution, the competent authorities shall express their opposition or take other appropriate measures to bring that situation to an end. Such measures may include injunctions, sanctions against directors or managers, or the suspension of the exercise of the voting rights attached to the shares held by the shareholders or members in question.

Similar measures shall apply to natural or legal persons who fail to comply with the obligation to provide prior information, as laid down in this paragraph.

If a holding is acquired despite the opposition of the competent authorities, those authorities shall, regardless of any other sanction to be adopted, provide for the exercise of the voting rights of the acquirer to be suspended, the nullity of votes cast or the possibility of annulling those votes.

The Member States may waive or allow their competent authorities to waive the application of all or part of the obligations pursuant to this paragraph in respect of electronic money institutions that carry out one or more of the activities listed in Article 6(1)(e).

4.   Member States shall allow electronic money institutions to distribute and redeem electronic money through natural or legal persons which act on their behalf. Where the electronic money institution wishes to distribute electronic money in another Member State by engaging such a natural or legal person, it shall follow the procedure set out in Article 25 of Directive 2007/64/EC.

5.   Notwithstanding paragraph 4, electronic money institutions shall not issue electronic money through agents. Electronic money institutions shall be allowed to provide payment services referred to in Article 6(1)(a) through agents only if the conditions in Article 17 of Directive 2007/64/EC are met.

Article 4

Initial capital

Member States shall require electronic money institutions to hold, at the time of authorisation, initial capital, comprised of the items set out in Article 57(a) and (b) of Directive 2006/48/EC, of not less than EUR 350 000.

Article 5

Own funds

1.   The electronic money institution’s own funds, as set out in Articles 57 to 61, 63, 64 and 66 of Directive 2006/48/EC shall not fall below the amount required under paragraphs 2 to 5 of this Article or under Article 4 of this Directive, whichever the higher.

2.   In regard to the activities referred to in Article 6(1)(a) that are not linked to the issuance of electronic money, the own funds requirements of an electronic money institution shall be calculated in accordance with one of the three methods (A, B or C) set out in Article 8(1) and (2) of Directive 2007/64/EC. The appropriate method shall be determined by the competent authorities in accordance with national legislation.

In regard to the activity of issuing electronic money, the own funds requirements of an electronic money institution shall be calculated in accordance with Method D as set out in paragraph 3.

Electronic money institutions shall at all times hold own funds that are at least equal to the sum of the requirements referred to in the first and second subparagraphs.

3.   Method D: The own funds of an electronic money institution for the activity of issuing electronic money shall amount to at least 2 % of the average outstanding electronic money.

4.   Where an electronic money institution carries out any of the activities referred to in Article 6(1)(a) that are not linked to the issuance of electronic money or any of the activities referred to in Article 6(1)(b) to (e) and the amount of outstanding electronic money is unknown in advance, the competent authorities shall allow that electronic money institution to calculate its own funds requirements on the basis of a representative portion assumed to be used for the issuance of electronic money, provided such a representative portion can be reasonably estimated on the basis of historical data and to the satisfaction of the competent authorities. Where an electronic money institution has not completed a sufficient period of business, its own funds requirements shall be calculated on the basis of projected outstanding electronic money evidenced by its business plan subject to any adjustment to that plan having been required by the competent authorities.

5.   On the basis of an evaluation of the risk-management processes, of the risk loss databases and internal control mechanisms of the electronic money institution, the competent authorities may require the electronic money institution to hold an amount of own funds which is up to 20 % higher than the amount which would result from the application of the relevant method in accordance with paragraph 2, or permit the electronic money institution to hold an amount of own funds which is up to 20 % lower than the amount which would result from the application of the relevant method in accordance with paragraph 2.

6.   Member States shall take the necessary measures to prevent the multiple use of elements eligible for own funds:

| (a) | where the electronic money institution belongs to the same group as another electronic money institution, a credit institution, a payment institution, an investment firm, an asset management company or an insurance or reinsurance undertaking; |
| --- | --- |

(a)

where the electronic money institution belongs to the same group as another electronic money institution, a credit institution, a payment institution, an investment firm, an asset management company or an insurance or reinsurance undertaking;

| (b) | where an electronic money institution carries out activities other than the issuance of electronic money. |
| --- | --- |

(b)

where an electronic money institution carries out activities other than the issuance of electronic money.

7.   Where the conditions laid down in Article 69 of Directive 2006/48/EC are met, Member States or their competent authorities may choose not to apply paragraphs 2 and 3 of this Article to electronic money institutions which are included in the consolidated supervision of the parent credit institutions pursuant to Directive 2006/48/EC.

Article 6

Activities

1.   In addition to issuing electronic money, electronic money institutions shall be entitled to engage in any of the following activities:

| (a) | the provision of payment services listed in the Annex to Directive 2007/64/EC; |
| --- | --- |

(a)

the provision of payment services listed in the Annex to Directive 2007/64/EC;

| (b) | the granting of credit related to payment services referred to in points 4, 5 or 7 of the Annex to Directive 2007/64/EC, where the conditions laid down in Article 16(3) and (5) of that Directive are met; |
| --- | --- |

(b)

the granting of credit related to payment services referred to in points 4, 5 or 7 of the Annex to Directive 2007/64/EC, where the conditions laid down in Article 16(3) and (5) of that Directive are met;

| (c) | the provision of operational services and closely related ancillary services in respect of the issuing of electronic money or to the provision of payment services referred to in point (a); |
| --- | --- |

(c)

the provision of operational services and closely related ancillary services in respect of the issuing of electronic money or to the provision of payment services referred to in point (a);

| (d) | the operation of payment systems as defined in point 6 of Article 4 of Directive 2007/64/EC and without prejudice to Article 28 of that Directive; |
| --- | --- |

(d)

the operation of payment systems as defined in point 6 of Article 4 of Directive 2007/64/EC and without prejudice to Article 28 of that Directive;

| (e) | business activities other than issuance of electronic money, having regard to the applicable Community and national law. |
| --- | --- |

(e)

business activities other than issuance of electronic money, having regard to the applicable Community and national law.

Credit referred to in point (b) of the first subparagraph shall not be granted from the funds received in exchange of electronic money and held in accordance with Article 7(1).

2.   Electronic money institutions shall not take deposits or other repayable funds from the public within the meaning of Article 5 of Directive 2006/48/EC.

3.   Any funds received by electronic money institutions from the electronic money holder shall be exchanged for electronic money without delay. Such funds shall not constitute either a deposit or other repayable funds received from the public within the meaning of Article 5 of Directive 2006/48/EC.

4.   Article 16(2) and (4) of Directive 2007/64/EC shall apply to funds received for the activities referred to in paragraph 1(a) of this Article that are not linked to the activity of issuing electronic money.

Article 7

Safeguarding requirements

1.   Member States shall require an electronic money institution to safeguard funds that have been received in exchange for electronic money that has been issued, in accordance with Article 9(1) and (2) of Directive 2007/64/EC. Funds received in the form of payment by payment instrument need not be safeguarded until they are credited to the electronic money institution’s payment account or are otherwise made available to the electronic money institution in accordance with the execution time requirements laid down in the Directive 2007/64/EC, where applicable. In any event, such funds shall be safeguarded by no later than five business days, as defined in point 27 of Article 4 of that Directive, after the issuance of electronic money.

2.   For the purposes of paragraph 1, secure, low-risk assets are asset items falling into one of the categories set out in Table 1 of point 14 of Annex I to Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (10) for which the specific risk capital charge is no higher than 1,6 %, but excluding other qualifying items as defined in point 15 of that Annex.

For the purposes of paragraph 1, secure, low-risk assets are also units in an undertaking for collective investment in transferable securities (UCITS) which invests solely in assets as specified in the first subparagraph.

In exceptional circumstances and with adequate justification, the competent authorities may, based on an evaluation of security, maturity, value or other risk element of the assets as specified in the first and second subparagraphs, determine which of those assets do not constitute secure, low-risk assets for the purposes of paragraph 1.

3.   Article 9 of Directive 2007/64/EC shall apply to electronic money institutions for the activities referred to in Article 6(1)(a) of this Directive that are not linked to the activity of issuing electronic money.

4.   For the purposes of paragraphs 1 and 3, Member States or their competent authorities may determine, in accordance with national legislation, which method shall be used by the electronic money institutions to safeguard funds.

Article 8

Relations with third countries

1.   Member States shall not apply to a branch of an electronic money institution having its head office outside the Community, when taking up or pursuing its business, provisions which result in more favourable treatment than that accorded to an electronic money institution having its head office within the Community.

2.   The competent authorities shall notify the Commission of all authorisations for branches of electronic money institutions having their head office outside the Community.

3.   Without prejudice to paragraph 1, the Community may, through agreements concluded with one or more third countries, agree to apply provisions that ensure that branches of an electronic money institution having its head office outside the Community are treated identically throughout the Community.

Article 9

Optional exemptions

1.   Member States may waive or allow their competent authorities to waive the application of all or part of the procedures and conditions set out in Articles 3, 4, 5 and 7 of this Directive, with the exception of Articles 20, 22, 23 and 24 of Directive 2007/64/EC, and allow legal persons to be entered in the register for electronic money institutions if both of the following requirements are complied with:

| (a) | the total business activities generate an average outstanding electronic money that does not exceed a limit set by the Member State but that, in any event, amounts to no more than EUR 5 000 000; and |
| --- | --- |

(a)

the total business activities generate an average outstanding electronic money that does not exceed a limit set by the Member State but that, in any event, amounts to no more than EUR 5 000 000; and

| (b) | none of the natural persons responsible for the management or operation of the business has been convicted of offences relating to money laundering or terrorist financing or other financial crimes. |
| --- | --- |

(b)

none of the natural persons responsible for the management or operation of the business has been convicted of offences relating to money laundering or terrorist financing or other financial crimes.

Where an electronic money institution carries out any of the activities referred to in Article 6(1)(a) that are not linked to the issuance of electronic money or any of the activities referred to in Article 6(1)(b) to (e) and the amount of outstanding electronic money is unknown in advance, the competent authorities shall allow that electronic money institution to apply point (a) of the first subparagraph on the basis of a representative portion assumed to be used for the issuance of electronic money, provided that such a representative portion can be reasonably estimated on the basis of historical data and to the satisfaction of the competent authorities. Where an electronic money institution has not completed a sufficiently long period of business, that requirement shall be assessed on the basis of projected outstanding electronic money evidenced by its business plan subject to any adjustment to that plan having been required by the competent authorities.

Member States may also provide for the granting of the optional exemptions under this Article to be subject to an additional requirement of a maximum storage amount on the payment instrument or payment account of the consumer where the electronic money is stored.

A legal person registered in accordance with this paragraph may provide payment services not related to electronic money issued in accordance with this Article only if conditions set out in Article 26 of Directive 2007/64/EC are met.

2.   A legal person registered in accordance with paragraph 1 shall be required to have its head office in the Member State in which it actually pursues its business.

3.   A legal person registered in accordance with paragraph 1 shall be treated as an electronic money institution. However, Article 10(9) and Article 25 of Directive 2007/64/EC shall not apply to it.

4.   Member States may provide for a legal person registered in accordance with paragraph 1 to engage only in some of the activities listed in Article 6(1).

5.   A legal person referred to in paragraph 1 shall:

| (a) | notify the competent authorities of any change in its situation which is relevant to the conditions specified in paragraph 1; and |
| --- | --- |

(a)

notify the competent authorities of any change in its situation which is relevant to the conditions specified in paragraph 1; and

| (b) | at least annually, on date specified by the competent authorities, report on the average outstanding electronic money. |
| --- | --- |

(b)

at least annually, on date specified by the competent authorities, report on the average outstanding electronic money.

6.   Member States shall take the necessary steps to ensure that where the conditions set out in paragraphs 1, 2 and 4 are no longer met, the legal person concerned shall seek authorisation within 30 calendar days in accordance with Article 3. Any such person that has not sought authorisation within that period shall be prohibited, in accordance with Article 10, from issuing electronic money.

7.   Member States shall ensure that their competent authorities are sufficiently empowered to verify continued compliance with the requirements laid down in this Article.

8.   This Article shall not apply in respect of the provisions of Directive 2005/60/EC or national anti-money-laundering provisions.

9.   Where a Member State avails itself of the waiver provided for in paragraph 1, it shall notify the Commission accordingly by 30 April 2011. The Member State shall notify the Commission forthwith of any subsequent change. In addition, the Member State shall inform the Commission of the number of legal persons concerned and, on an annual basis, of the total amount of outstanding electronic money issued at 31 December of each calendar year, as referred to in paragraph 1.

TITLE III

ISSUANCE AND REDEEMABILITY OF ELECTRONIC MONEY

Article 10

Prohibition from issuing electronic money

Without prejudice to Article 18, Member States shall prohibit natural or legal persons who are not electronic money issuers from issuing electronic money.

Article 11

Issuance and redeemability

1.   Member States shall ensure that electronic money issuers issue electronic money at par value on the receipt of funds.

2.   Member States shall ensure that, upon request by the electronic money holder, electronic money issuers redeem, at any moment and at par value, the monetary value of the electronic money held.

3.   The contract between the electronic money issuer and the electronic money holder shall clearly and prominently state the conditions of redemption, including any fees relating thereto, and the electronic money holder shall be informed of those conditions before being bound by any contract or offer.

4.   Redemption may be subject to a fee only if stated in the contract in accordance with paragraph 3 and only in any of the following cases:

| (a) | where redemption is requested before the termination of the contract; |
| --- | --- |

(a)

where redemption is requested before the termination of the contract;

| (b) | where the contract provides for a termination date and the electronic money holder terminates the contract before that date; or |
| --- | --- |

(b)

where the contract provides for a termination date and the electronic money holder terminates the contract before that date; or

| (c) | where redemption is requested more than one year after the date of termination of the contract. |
| --- | --- |

(c)

where redemption is requested more than one year after the date of termination of the contract.

Any such fee shall be proportionate and commensurate with the actual costs incurred by the electronic money issuer.

5.   Where redemption is requested before the termination of the contract, the electronic money holder may request redemption of the electronic money in whole or in part.

6.   Where redemption is requested by the electronic money holder on or up to one year after the date of the termination of the contract:

| (a) | the total monetary value of the electronic money held shall be redeemed; or |
| --- | --- |

(a)

the total monetary value of the electronic money held shall be redeemed; or

| (b) | where the electronic money institution carries out one or more of the activities listed in Article 6(1)(e) and it is unknown in advance what proportion of funds is to be used as electronic money, all funds requested by the electronic money holder shall be redeemed. |
| --- | --- |

(b)

where the electronic money institution carries out one or more of the activities listed in Article 6(1)(e) and it is unknown in advance what proportion of funds is to be used as electronic money, all funds requested by the electronic money holder shall be redeemed.

7.   Notwithstanding paragraphs 4, 5 and 6, redemption rights of a person, other than a consumer, who accepts electronic money shall be subject to the contractual agreement between the electronic money issuer and that person.

Article 12

Prohibition of interest

Member States shall prohibit the granting of interest or any other benefit related to the length of time during which an electronic money holder holds the electronic money.

Article 13

Out-of-court complaint and redress procedures for the settlement of disputes

Without prejudice to this Directive, Chapter 5 of Title IV of Directive 2007/64/EC shall apply mutatis mutandis to electronic money issuers in respect of their duties arising from this Title.

mutatis mutandis

TITLE IV

FINAL PROVISIONS AND IMPLEMENTING MEASURES

Article 14

Implementing measures

1.   The Commission may adopt measures which are necessary to update the provisions of this Directive in order to take account of inflation or technological and market developments. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(2).

2.   The Commission shall adopt measures to ensure the convergent application of the exemptions referred to in Article 1(4) and (5). Those measures, designed to amend non-essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(2).

Article 15

Committee procedure

1.   The Commission shall be assisted by the Payments Committee set up in accordance with Article 85 of Directive 2007/64/EC.

2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 16

Full harmonisation

1.   Without prejudice to Article 1(3), the sixth subparagraph of Article 3(3), Article 5(7), Article 7(4), Article 9 and Article 18(2) and in so far as this Directive provides for harmonisation, Member States shall not maintain or introduce provisions other than those laid down in this Directive.

2.   Member States shall ensure that an electronic money issuer does not derogate, to the detriment of an electronic money holder, from the provisions of national law implementing or corresponding to provisions of this Directive except where explicitly provided for therein.

Article 17

Review

By 1 November 2012, the Commission shall present to the European Parliament, the Council, the European Economic and Social Committee and the European Central Bank a report on the implementation and impact of this Directive, in particular on the application of prudential requirements for electronic money institutions, accompanied, where appropriate, by a proposal for its revision.

Article 18

Transitional provisions

1.   Member States shall allow electronic money institutions that have taken up, before 30 April 2011, activities in accordance with national law transposing Directive 2000/46/EC in the Member State in which their head office is located, to continue those activities in that Member State or in another Member State in accordance with the mutual recognition arrangements provided for in Directive 2000/46/EC without being required to seek authorisation in accordance with Article 3 of this Directive or to comply with the other provisions laid down or referred to in Title II of this Directive.

Member States shall require such electronic money institutions to submit all relevant information to the competent authorities in order to allow the latter to assess, by 30 October 2011, whether the electronic money institutions comply with the requirements laid down in this Directive and, if not, which measures need to be taken in order to ensure compliance or whether a withdrawal of authorisation is appropriate.

Compliant electronic money institutions shall be granted authorisation, shall be entered in the register, and shall be required to comply with the requirements in Title II. Where electronic money institutions do not comply with the requirements laid down in this Directive by 30 October 2011, they shall be prohibited from issuing electronic money.

2.   Member States may provide for an electronic money institution to be automatically granted authorisation and entered in the register provided for in Article 3 if the competent authorities already have evidence that the electronic money institution concerned complies with the requirements laid down in Articles 3, 4 and 5. The competent authorities shall inform the electronic money institutions concerned before the authorisation is granted.

3.   Member States shall allow electronic money institutions that have taken up, before 30 April 2011, activities in accordance with national law transposing Article 8 of Directive 2000/46/EC, to continue those activities within the Member State concerned in accordance with Directive 2000/46/EC until 30 April 2012, without being required to seek authorisation under Article 3 of this Directive or to comply with the other provisions laid down or referred to in Title II of this Directive. Electronic money institutions which, during that period, have been neither authorised nor waived within the meaning of Article 9 of this Directive, shall be prohibited from issuing electronic money.

Article 19

Amendments to Directive 2005/60/EC

Directive 2005/60/EC is hereby amended as follows:

| 1. | in Article 3(2), point (a) is replaced by the following:






  ‘(a) | an undertaking, other than a credit institution, which carries out one or more of the operations included in points 2 to 12 and points 14 and 15 of Annex I to Directive 2006/48/EC, including the activities of currency exchange offices (bureaux de change);’ |
| --- | --- | --- |

1.

in Article 3(2), point (a) is replaced by the following:

‘(a)

an undertaking, other than a credit institution, which carries out one or more of the operations included in points 2 to 12 and points 14 and 15 of Annex I to Directive 2006/48/EC, including the activities of currency exchange offices (bureaux de change);’

| 2. | in Article 11(5), point (d) is replaced by the following:






  ‘(d) | electronic money, as defined in point 2 of Article 2 of Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions (*1) where, if it is not possible to recharge, the maximum amount stored electronically in the device is no more than EUR 250, or where, if it is possible to recharge, a limit of EUR 2 500 is imposed on the total amount transacted in a calendar year, except when an amount of EUR 1 000 or more is redeemed in that same calendar year upon the electronic money holder’s request in accordance with Article 11 of Directive 2009/110/EC. As regards national payment transactions, Member States or their competent authorities may increase the amount of EUR 250 referred to in this point to a ceiling of EUR 500. |
| --- | --- | --- |

2.

in Article 11(5), point (d) is replaced by the following:

‘(d)

electronic money, as defined in point 2 of Article 2 of Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions (*1) where, if it is not possible to recharge, the maximum amount stored electronically in the device is no more than EUR 250, or where, if it is possible to recharge, a limit of EUR 2 500 is imposed on the total amount transacted in a calendar year, except when an amount of EUR 1 000 or more is redeemed in that same calendar year upon the electronic money holder’s request in accordance with Article 11 of Directive 2009/110/EC. As regards national payment transactions, Member States or their competent authorities may increase the amount of EUR 250 referred to in this point to a ceiling of EUR 500.

*1

(*1)  
  OJ L 267, 10.10.2009, p 7
  ’."

*1

Article 20

Amendments to Directive 2006/48/EC

Directive 2006/48/EC is hereby amended as follows:

| 1. | Article 4 is amended as following:






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






  ‘1. | “credit institution” means an undertaking the business of which is to receive deposits or other repayable funds from the public and to grant credits for its own account;’ |
| --- | --- | --- | --- |

1.

Article 4 is amended as following:

(a)

point 1 is replaced by the following:

‘1.

“credit institution” means an undertaking the business of which is to receive deposits or other repayable funds from the public and to grant credits for its own account;’

| (b) | point 5 is replaced by the following:






  ‘5. | “financial institution” means an undertaking other than a credit institution, the principal activity of which is to acquire holdings or to pursue one or more of the activities listed in points 2 to 12 and 15 of Annex I.’; |
| --- | --- | --- |

(b)

point 5 is replaced by the following:

‘5.

“financial institution” means an undertaking other than a credit institution, the principal activity of which is to acquire holdings or to pursue one or more of the activities listed in points 2 to 12 and 15 of Annex I.’;

| 2. | the following point is added to Annex I:






  ‘15. | Issuing electronic money.’. |
| --- | --- | --- |

2.

the following point is added to Annex I:

‘15.

Issuing electronic money.’.

Article 21

Repeal

Directive 2000/46/EC shall be repealed with effect from 30 April 2011, without prejudice to Article 18(1) and (3) of this Directive.

Any reference to the repealed Directive shall be construed as a reference to this Directive.

Article 22

Transposition

1.   Member States shall adopt and publish, not later than 30 April 2011, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.

They shall apply those measures from 30 April 2011.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 23

Entry into force

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Official Journal of the European Union

Article 24

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 16 September 2009.

For the European Parliament

The President

J. BUZEK

For the Council

The President

C. MALMSTRÖM

---

(1)  Opinion of 26 February 2009 (not yet published in the Official Journal).

1

(2)  
  OJ C 30, 6.2.2009, p. 1.

2

(3)  Opinion of the European Parliament of 24 April 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009.

3

(4)  
  OJ L 275, 27.10.2000, p. 39.

4

(5)  
  OJ L 319, 5.12.2007, p. 1.

5

(6)  
  OJ L 177, 30.6.2006, p. 1.

6

(7)  
  OJ L 184, 17.7.1999, p. 23.

7

(8)  
  OJ L 309, 25.11.2005, p. 15.

8

(9)  
  OJ C 321, 31.12.2003, p. 1.

9

(10)  
  OJ L 177, 30.6.2006, p. 201.

10

---

| 10.10.2009 | EN | Official Journal of the European Union | L 267/18 |
| --- | --- | --- | --- |

10.10.2009

EN

Official Journal of the European Union

L 267/18

---

COMMISSION DIRECTIVE 2009/129/EC

of 9 October 2009

amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto to technical progress

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 76/768/EEC of 27 July 1976 on the approximation of the laws of the Member States relating to cosmetic products (1), and in particular Article 8(2) thereof,

After consulting the Scientific Committee on Consumer Products,

Whereas:

| (1) | The compounds containing fluorine are currently regulated under reference numbers 26 to 43, and reference numbers 47 and 56 in Part 1 of Annex III to Directive 76/768/EEC. Their maximum authorised concentration in toothpastes refers to the content of elemental fluorine (0,15 % calculated as F, i.e. 1 500 ppm). |
| --- | --- |

(1)

The compounds containing fluorine are currently regulated under reference numbers 26 to 43, and reference numbers 47 and 56 in Part 1 of Annex III to Directive 76/768/EEC. Their maximum authorised concentration in toothpastes refers to the content of elemental fluorine (0,15 % calculated as F, i.e. 1 500 ppm).

| (2) | The Scientific Committee on Consumer Products replaced by the Scientific Committee on Consumer Safety (hereinafter ‘SCCS’) (2) stated in its opinion SCCP/0882/08 that the maximum permitted concentration of 0,15 % (1 500 F- ppm) fluoride does not pose a safety concern when used by children under the age of six years, based on the available scientific evidence. The data used were generated from studies primarily on sodium fluoride. |
| --- | --- |

(2)

The Scientific Committee on Consumer Products replaced by the Scientific Committee on Consumer Safety (hereinafter ‘SCCS’) (2) stated in its opinion SCCP/0882/08 that the maximum permitted concentration of 0,15 % (1 500 F- ppm) fluoride does not pose a safety concern when used by children under the age of six years, based on the available scientific evidence. The data used were generated from studies primarily on sodium fluoride.

| (3) | Based on the scientific conclusions of the SCCS, Commission Directive 2007/53/EC of 29 August 2007 amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto to technical progress (3) introduced for the regulated compounds containing fluorine a requirement for warning which must be printed on the label of toothpastes containing fluoride. This requirement refers to the content of fluoride instead of elemental fluorine. As a result, not all fluorine containing compounds listed in Part 1 of Annex III to Directive 76/768/EEC were covered by the introduced labelling requirement. |
| --- | --- |

(3)

Based on the scientific conclusions of the SCCS, Commission Directive 2007/53/EC of 29 August 2007 amending Council Directive 76/768/EEC concerning cosmetic products for the purposes of adapting Annex III thereto to technical progress (3) introduced for the regulated compounds containing fluorine a requirement for warning which must be printed on the label of toothpastes containing fluoride. This requirement refers to the content of fluoride instead of elemental fluorine. As a result, not all fluorine containing compounds listed in Part 1 of Annex III to Directive 76/768/EEC were covered by the introduced labelling requirement.

| (4) | Upon request of the Commission, the SCCS clarified that in opinions SCCNFP/0653/03 and SCCP/0882/05, it was pointed out that an extrapolation to other compounds containing fluorine listed in Part 1 of Annex III to Directive 76/768/EEC could only be made with respect to fluorosis. However, for the purpose of the reference to compounds containing fluorine in Part 1 of Annex III to Directive 76/768/EEC, introduced by Directive 2007/53/EC, the SCCS considered that the terms ‘fluorine’ and ‘fluoride’ were equivalent and interchangeable. |
| --- | --- |

(4)

Upon request of the Commission, the SCCS clarified that in opinions SCCNFP/0653/03 and SCCP/0882/05, it was pointed out that an extrapolation to other compounds containing fluorine listed in Part 1 of Annex III to Directive 76/768/EEC could only be made with respect to fluorosis. However, for the purpose of the reference to compounds containing fluorine in Part 1 of Annex III to Directive 76/768/EEC, introduced by Directive 2007/53/EC, the SCCS considered that the terms ‘fluorine’ and ‘fluoride’ were equivalent and interchangeable.

| (5) | To ensure legal certainty, it is necessary to clarify that the labelling requirement refers to all 20 compounds containing fluorine listed in Part 1 of Annex III to Directive 76/768/EEC, and not only to those containing fluoride. |
| --- | --- |

(5)

To ensure legal certainty, it is necessary to clarify that the labelling requirement refers to all 20 compounds containing fluorine listed in Part 1 of Annex III to Directive 76/768/EEC, and not only to those containing fluoride.

| (6) | Therefore, the condition for labelling which must be printed on the label of toothpastes containing fluorine compounds listed in Part 1 of Annex III to Directive 76/768/EEC should refer to the content of fluorine instead of fluoride. Directive 76/768/EEC should therefore be amended accordingly. |
| --- | --- |

(6)

Therefore, the condition for labelling which must be printed on the label of toothpastes containing fluorine compounds listed in Part 1 of Annex III to Directive 76/768/EEC should refer to the content of fluorine instead of fluoride. Directive 76/768/EEC should therefore be amended accordingly.

| (7) | In view of a smooth transition, Member States should not prohibit the marketing of products complying with this Directive before its date of application. |
| --- | --- |

(7)

In view of a smooth transition, Member States should not prohibit the marketing of products complying with this Directive before its date of application.

| (8) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products, |
| --- | --- |

(8)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Cosmetic Products,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex III to Directive 76/768/EEC is amended in accordance with the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, by 15 April 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from 15 October 2010.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

Member States shall not prohibit the marketing of toothpaste labelled in accordance with the provisions transposing this Directive before the date set out in the second subparagraph of Article 2(1).

Article 4

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 9 October 2009.

For the Commission

Günter VERHEUGEN

Vice-President

---

(1)  
  OJ L 262, 27.9.1976, p. 169.

1

(2)  The name of the committee was changed by Commission Decision 2008/721/EC (OJ L 241, 10.9.2008, p. 21).

2

(3)  
  OJ L 226, 30.8.2007, p. 19.

3

---

ANNEX

In column ‘f’ corresponding to reference numbers 26 to 43, 47 and 56 of Part 1 of Annex III to Directive 76/768/EEC, the text after the first sentence is replaced by the following sentences:

‘For any toothpaste with compounds containing fluorine in a concentration of 0,1 to 0,15 % calculated as F unless it is already labelled as contra-indicated for children (e.g. “for adult use only”) the following labelling is obligatory:

“Children of 6 years and younger: use a pea-sized amount for supervised brushing to minimise swallowing. In case of intake of fluoride from other sources consult a dentist or doctor”.’

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Commission

| 10.10.2009 | EN | Official Journal of the European Union | L 267/20 |
| --- | --- | --- | --- |

10.10.2009

EN

Official Journal of the European Union

L 267/20

---

COMMISSION DECISION

of 9 October 2009

on a Community financial contribution towards Member States’ fisheries control, inspection and surveillance programmes for 2009

(notified under document C(2009) 7592)

(Only the Bulgarian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Spanish and Swedish texts are authentic)

(2009/746/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 861/2006 of 22 May 2006 establishing Community financial measures for the implementation of the common fisheries policy and in the area of the Law of the Sea (1), and in particular Article 21 thereof,

Whereas:

| (1) | Member States have forwarded to the Commission their fisheries control programme for 2009 together with the applications for a Community financial contribution towards the expenditure to be incurred in carrying out the projects contained in such programme. |
| --- | --- |

(1)

Member States have forwarded to the Commission their fisheries control programme for 2009 together with the applications for a Community financial contribution towards the expenditure to be incurred in carrying out the projects contained in such programme.

| (2) | Applications concerning actions listed in Article 8(a) of Regulation (EC) No 861/2006 may qualify for Community funding. |
| --- | --- |

(2)

Applications concerning actions listed in Article 8(a) of Regulation (EC) No 861/2006 may qualify for Community funding.

| (3) | Applications for Community funding are to comply with the rules set out in Commission Regulation (EC) No 391/2007 (2). |
| --- | --- |

(3)

Applications for Community funding are to comply with the rules set out in Commission Regulation (EC) No 391/2007 (2).

| (4) | It is appropriate to fix the maximum amounts and the rate of the Community financial contribution within the limits set by Article 15 of Regulation (EC) No 861/2006 and to lay down the conditions under which such contribution may be granted. |
| --- | --- |

(4)

It is appropriate to fix the maximum amounts and the rate of the Community financial contribution within the limits set by Article 15 of Regulation (EC) No 861/2006 and to lay down the conditions under which such contribution may be granted.

| (5) | In order to encourage investment in the priority actions defined by the Commission and in view of the negative impact of the financial crisis on Member States’ budgets, expenditure related to electronic recording and reporting systems (ERS) and vessel monitoring systems (VMS), as well as to the prevention of illegal, unreported and unregulated (IUU) fishing, should benefit from a high co-financing rate, within the limits laid down in Article 15 of Regulation (EC) No 861/2006. |
| --- | --- |

(5)

In order to encourage investment in the priority actions defined by the Commission and in view of the negative impact of the financial crisis on Member States’ budgets, expenditure related to electronic recording and reporting systems (ERS) and vessel monitoring systems (VMS), as well as to the prevention of illegal, unreported and unregulated (IUU) fishing, should benefit from a high co-financing rate, within the limits laid down in Article 15 of Regulation (EC) No 861/2006.

| (6) | In order to qualify for the contribution, automatic localisation devices should satisfy the requirements fixed by Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (3). |
| --- | --- |

(6)

In order to qualify for the contribution, automatic localisation devices should satisfy the requirements fixed by Commission Regulation (EC) No 2244/2003 of 18 December 2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems (3).

| (7) | In order to qualify for the contribution, electronic recording and reporting devices on board fishing vessels should satisfy the requirements laid down by Commission Regulation (EC) No 1077/2008 of 3 November 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No 1566/2007 (4). |
| --- | --- |

(7)

In order to qualify for the contribution, electronic recording and reporting devices on board fishing vessels should satisfy the requirements laid down by Commission Regulation (EC) No 1077/2008 of 3 November 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No 1566/2007 (4).

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(8)

The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision provides for a Community financial contribution for 2009 towards expenditure incurred by Member States for 2009 in implementing the monitoring and control systems applicable to the common fisheries policy (CFP), as referred to in Article 8(a) of Regulation (EC) No 861/2006. It establishes the amount of the Community financial contribution for each Member State, the rate of the Community financial contribution and the conditions on which such contribution may be granted.

Article 2

Closure of outstanding commitments

All payments in respect of which a reimbursement is claimed shall be made by the Member State concerned by 30 June 2013. Payments made by a Member State after that deadline shall not be eligible for reimbursement. Unused budgetary appropriations related to this Decision shall be de-committed at the latest by 31 December 2014.

Article 3

New technologies and IT networks

1.   Expenditure incurred on the purchase of, installation and technical assistance for, computer technology and setting up of IT networks in order to allow efficient and secure data exchange in connection with monitoring, control and surveillance of fisheries activities, shall qualify for a financial contribution of 50 % of the eligible expenditure, within the limits laid down in Annex I.

2.   In case of expenditure under Annex I that is related to vessel monitoring systems (VMS), electronic recording and reporting systems (ERS) or illegal, unregulated and unreported fishing, the co-finance rate referred to in paragraph 1 is set at 95 %.

Article 4

Automatic localisation devices

1.   Expenditure incurred on the purchase and fitting on board of fishing vessels of automatic localisation devices enabling vessels to be monitored at a distance by a fisheries monitoring centre through a VMS shall qualify for a financial contribution of 95 % of the eligible expenditure, within the limits established in Annex II.

2.   The financial contribution referred to in paragraph 1 shall be limited to EUR 1 500 per vessel.

3.   In order to qualify for the financial contribution referred to in paragraph 1, automatic localisation devices shall satisfy the requirements laid down in Regulation (EC) No 2244/2003.

Article 5

Electronic recording and reporting systems

Expenditure incurred on the development, purchase, and installation of, as well as technical assistance for, the components necessary for ERS, in order to allow efficient and secure data exchange related to monitoring, control and surveillance of fisheries activities, shall qualify for a financial contribution of 95 % of the eligible expenditure, within the limits laid down in Annex III.

Article 6

Electronic recording and reporting devices

1.   Expenditure incurred on the purchase and fitting on board of fishing vessels of ERS devices enabling vessels to record and report electronically to a fisheries monitoring centre data on fisheries activities, shall qualify for a financial contribution of 95 % of the eligible expenditure, within the limits established in Annex IV.

2.   The financial contribution referred to in paragraph 1 shall be limited to EUR 4 500 per vessel, without prejudice to paragraph 4.

3.   In order to qualify for a financial contribution, ERS devices shall satisfy the requirements established under Regulation (EC) No 1077/2008.

4.   In case of devices combining ERS and VMS functions, and fulfilling the requirements laid down in Regulations (EC) No 2244/2003 and (EC) No 1077/2008, the financial contribution referred to in paragraph 1 of this Article shall be limited to EUR 6 000.

Article 7

Pilot projects

Expenditure incurred on pilot projects on new control technologies shall qualify for a financial contribution of 95 % of the eligible expenditure, within the limits laid down in Annex V.

Article 8

Training and exchange programmes

Expenditure incurred on training and exchange programmes of civil servants responsible for monitoring, control and surveillance tasks in the fisheries area shall qualify for a financial contribution of 50 % of the eligible expenditure, within the limits laid down in Annex VI.

Article 9

Pilot inspection and observer schemes

Expenditure incurred on pilot inspection and observer schemes shall qualify for a financial contribution of 50 % of the eligible expenditure, within the limits laid down in Annex VII.

Article 10

Assessment of expenditure

Expenditure incurred on implementing a system to assess expenditure incurred in controlling the common fisheries policy shall qualify for a financial contribution of 50 % of the eligible expenditure, within the limits laid down in Annex VIII.

Article 11

Initiatives raising awareness of CFP rules

Expenditure incurred on initiatives including seminar and media tools aimed at enhancing awareness among fishermen and other players such as inspectors, public prosecutors and judges, as well as among the general public, on the need to fight irresponsible and illegal fishing and on the implementation of common fisheries policy rules, shall qualify for a financial contribution of 75 % of the eligible expenditure, within the limits laid down in Annex IX.

Article 12

Fisheries patrol vessels and aircraft

1.   Expenditure related to the purchase and modernisation of vessels and aircraft used for inspection and surveillance of fishing activities by the competent authorities of the Member States shall qualify, within the limits laid down in Annex X, for a financial contribution of 50 % of the eligible expenditure incurred by Member States.

2.   The financial contribution specified for each Member State in Annex X is calculated on the basis of the utilisation of the concerned vessels and aircraft for inspection and surveillance as a percentage of their total yearly activity, as declared by the Member States.

Article 13

Total maximum Community contribution per Member State

The total planned expenditure per Member State, the eligible share thereof, and the total maximum Community contribution per Member State for the actions referred to in Articles 3 to 12 are as follows:

| (in EUR) |
| --- |
| Member State | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Belgium | 805 000 | 805 000 | 764 750 |
| Bulgaria | 352 000 | 362 000 | 282 250 |
| Denmark | 1 945 552 | 1 945 552 | 1 667 139 |
| Germany | 222 000 | 278 000 | 220 000 |
| Estonia | 706 000 | 706 000 | 645 500 |
| Ireland | 120 000 | 90 000 | 45 000 |
| Greece | 16 867 000 | 8 928 000 | 4 735 400 |
| Spain | 17 218 103 | 14 772 123 | 8 190 517 |
| France | 2 631 500 | 2 333 000 | 1 049 750 |
| Italy | 19 589 925 | 6 361 340 | 3 273 170 |
| Lithuania | 407 900 | 407 900 | 378 300 |
| Malta | 1 003 475 | 1 003 475 | 922 127 |
| Netherlands | 3 145 000 | 2 750 000 | 2 560 750 |
| Poland | 497 713 | 468 713 | 416 479 |
| Portugal | 783 500 | 759 250 | 629 038 |
| Romania | 80 000 | 80 000 | 62 500 |
| Finland | 920 000 | 820 000 | 659 750 |
| Sweden | 1 715 000 | 1 715 000 | 1 541 750 |
| United Kingdom | 4 309 798 | 3 601 555 | 2 055 830 |
| Total | 73 319 466 | 48 186 908 | 30 100 000 |

(in EUR)

Member State

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Belgium

805 000

805 000

764 750

Bulgaria

352 000

362 000

282 250

Denmark

1 945 552

1 945 552

1 667 139

Germany

222 000

278 000

220 000

Estonia

706 000

706 000

645 500

Ireland

120 000

90 000

45 000

Greece

16 867 000

8 928 000

4 735 400

Spain

17 218 103

14 772 123

8 190 517

France

2 631 500

2 333 000

1 049 750

Italy

19 589 925

6 361 340

3 273 170

Lithuania

407 900

407 900

378 300

Malta

1 003 475

1 003 475

922 127

Netherlands

3 145 000

2 750 000

2 560 750

Poland

497 713

468 713

416 479

Portugal

783 500

759 250

629 038

Romania

80 000

80 000

62 500

Finland

920 000

820 000

659 750

Sweden

1 715 000

1 715 000

1 541 750

United Kingdom

4 309 798

3 601 555

2 055 830

Total

73 319 466

48 186 908

30 100 000

Article 14

Addressees

This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Lithuania, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Finland, the Kingdom of Sweden, and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 9 October 2009.

For the Commission

Joe BORG

Member of the Commission

---

(1)  
  OJ L 160, 14.6.2006, p. 1.

1

(2)  
  OJ L 97, 12.4.2007, p. 30.

2

(3)  
  OJ L 333, 20.12.2003, p. 17.

3

(4)  
  OJ L 295, 4.11.2008, p. 3.

4

---

ANNEX I

NEW TECHNOLOGIES AND IT NETWORKS

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Bulgaria |
| BG/09/01 | 20 000 | 30 000 | 15 000 |
| BG/09/02 | 13 000 | 13 000 | 6 500 |
| BG/09/03 | 12 000 | 12 000 | 6 000 |
| BG/09/04 | 25 000 | 25 000 | 23 750 |
| BG/09/05 | 70 000 | 70 000 | 66 500 |
| Subtotal | 140 000 | 150 000 | 117 750 |
| Denmark |
| DK/09/01 | 134 176 | 134 176 | 127 468 |
| DK/09/02 | 402 528 | 402 528 | 201 264 |
| DK/09/03 | 670 880 | 670 880 | 637 336 |
| DK/09/04 | 167 720 | 167 720 | 159 334 |
| DK/09/05 | 167 720 | 167 720 | 159 334 |
| Subtotal | 1 543 024 | 1 543 024 | 1 284 736 |
| Germany |
| DE/09/01 | 90 000 | 90 000 | 85 000 |
| DE/09/02 | 16 000 | 72 000 | 36 000 |
| Subtotal | 106 000 | 162 000 | 121 500 |
| Estonia |
| EE/09/01 | 600 000 | 600 000 | 570 000 |
| EE/09/02 | 50 000 | 50 000 | 25 000 |
| Subtotal | 650 000 | 650 000 | 595 000 |
| Ireland |
| IE/09/01 | 90 000 | 60 000 | 30 000 |
| Subtotal | 90 000 | 60 000 | 30 000 |
| Greece |
| EL/09/01 | 1 500 000 | 368 000 | 64 400 |
| EL/09/02 | 210 000 | 0 | 0 |
| Subtotal | 1 710 000 | 368 000 | 64 400 |
| Spain |
| ES/09/01 | 530 000 | 530 000 | 265 000 |
| ES/09/02 | 146 000 | 146 000 | 73 000 |
| ES/09/03 | 99 000 | 99 000 | 49 500 |
| ES/09/04 | 16 000 | 0 | 0 |
| ES/09/05 | 28 000 | 28 000 | 14 000 |
| ES/09/06 | 353 000 | 353 000 | 176 500 |
| ES/09/07 | 800 000 | 800 000 | 760 000 |
| ES/09/24 | 81 459 | 0 | 0 |
| ES/09/28 | 141 120 | 141 120 | 70 560 |
| ES/09/32 | 282 000 | 282 000 | 141 000 |
| ES/09/35 | 360 000 | 360 000 | 342 000 |
| Subtotal | 2 836 579 | 2 739 120 | 1 891 560 |
| France |
| FR/09/01 | 553 500 | 410 000 | 205 000 |
| FR/09/02 | 130 000 | 130 000 | 65 000 |
| FR/09/03 | 120 000 | 120 000 | 60 000 |
| Subtotal | 803 500 | 660 000 | 330 000 |
| Italy |
| IT/09/01 | 220 000 | 55 000 | 27 500 |
| Subtotal | 220 000 | 55 000 | 27 500 |
| Lithuania |
| LT/09/01-01 | 27 000 | 27 000 | 25 650 |
| Subtotal | 27 000 | 27 000 | 25 650 |
| Netherlands |
| NL/09/01 | 300 000 | 300 000 | 285 000 |
| NL/09/02 | 150 000 | 150 000 | 142 500 |
| NL/09/03 | 40 000 | 40 000 | 38 000 |
| NL/09/04 | 75 000 | 75 000 | 71 250 |
| NL/09/11 | 30 000 | 0 | 0 |
| NL/09/12 | 30 000 | 30 000 | 28 500 |
| Subtotal | 625 000 | 595 000 | 565 250 |
| Poland |
| PL/09/01 | 93 000 | 64 000 | 32 000 |
| PL/09/02 | 10 000 | 10 000 | 9 500 |
| PL/09/03 | 30 000 | 30 000 | 28 500 |
| Subtotal | 133 000 | 104 000 | 70 000 |
| Portugal |
| PT/09/01-01 | 2 500 | 2 500 | 1 250 |
| PT/09/01-02 | 218 250 | 194 000 | 97 000 |
| PT/09/03 | 1 500 | 1 500 | 750 |
| PT/09/04 | 7 000 | 7 000 | 3 500 |
| PT/09/05-01 | 40 000 | 40 000 | 38 000 |
| PT/09/05-02 | 30 000 | 30 000 | 28 500 |
| PT/09/05-03 | 35 000 | 35 000 | 33 250 |
| PT/09/05-04 | 125 000 | 125 000 | 118 750 |
| PT/09/05-05 | 9 750 | 9 750 | 9 263 |
| PT/09/05-06 | 9 000 | 9 000 | 8 550 |
| Subtotal | 478 000 | 453 750 | 338 813 |
| Romania |
| RO/09/01 | 15 000 | 15 000 | 7 500 |
| Subtotal | 15 000 | 15 000 | 7 500 |
| Finland |
| FI/09/01 | 200 000 | 200 000 | 100 000 |
| FI/09/02 | 20 000 | 20 000 | 10 000 |
| FI/09/03 | 15 000 | 15 000 | 7 500 |
| Subtotal | 235 000 | 235 000 | 117 500 |
| Sweden |
| SE/09/01 | 40 000 | 40 000 | 20 000 |
| SE/09/02 | 80 000 | 80 000 | 76 000 |
| SE/09/03 | 135 000 | 135 000 | 128 250 |
| SE/09/04 | 80 000 | 80 000 | 76 000 |
| SE/09/05 | 80 000 | 80 000 | 76 000 |
| SE/09/06 | 50 000 | 50 000 | 47 500 |
| SE/09/07 | 60 000 | 60 000 | 30 000 |
| Subtotal | 525 000 | 525 000 | 453 750 |
| United Kingdom |
| UK/09/01 | 55 880 | 55 880 | 53 086 |
| UK/09/03 | 56 916 | 56 916 | 54 071 |
| UK/09/04 | 113 831 | 100 000 | 50 000 |
| UK/09/25 | 10 245 | 10 245 | 9 733 |
| UK/09/26 | 15 362 | 15 362 | 7 681 |
| UK/09/27 | 3 415 | 4 000 | 2 000 |
| UK/09/30 | 5 123 | 6 000 | 3 000 |
| UK/09/34 | 1 890 | 1 890 | 1 796 |
| UK/09/37 | 1 708 | 2 000 | 1 000 |
| UK/09/43 | 17 758 | 0 | 0 |
| UK/09/44 | 17 075 | 17 075 | 8 538 |
| UK/09/45 | 13 660 | 13 660 | 6 830 |
| UK/09/46 | 10 245 | 12 000 | 6 000 |
| UK/09/47 | 1 196 | 1 196 | 598 |
| UK/09/48 | 797 | 797 | 758 |
| UK/09/60 | 570 | 570 | 285 |
| UK/09/64 | 2 277 | 2 000 | 1 000 |
| UK/09/65 | 4 241 | 4 241 | 2 121 |
| UK/09/67 | 3 159 | 3 159 | 3 002 |
| Subtotal | 335 348 | 306 991 | 211 499 |
| Total | 10 472 451 | 8 648 885 | 6 252 408 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Bulgaria

BG/09/01

20 000

30 000

15 000

BG/09/02

13 000

13 000

6 500

BG/09/03

12 000

12 000

6 000

BG/09/04

25 000

25 000

23 750

BG/09/05

70 000

70 000

66 500

Subtotal

140 000

150 000

117 750

Denmark

DK/09/01

134 176

134 176

127 468

DK/09/02

402 528

402 528

201 264

DK/09/03

670 880

670 880

637 336

DK/09/04

167 720

167 720

159 334

DK/09/05

167 720

167 720

159 334

Subtotal

1 543 024

1 543 024

1 284 736

Germany

DE/09/01

90 000

90 000

85 000

DE/09/02

16 000

72 000

36 000

Subtotal

106 000

162 000

121 500

Estonia

EE/09/01

600 000

600 000

570 000

EE/09/02

50 000

50 000

25 000

Subtotal

650 000

650 000

595 000

Ireland

IE/09/01

90 000

60 000

30 000

Subtotal

90 000

60 000

30 000

Greece

EL/09/01

1 500 000

368 000

64 400

EL/09/02

210 000

0

0

Subtotal

1 710 000

368 000

64 400

Spain

ES/09/01

530 000

530 000

265 000

ES/09/02

146 000

146 000

73 000

ES/09/03

99 000

99 000

49 500

ES/09/04

16 000

0

0

ES/09/05

28 000

28 000

14 000

ES/09/06

353 000

353 000

176 500

ES/09/07

800 000

800 000

760 000

ES/09/24

81 459

0

0

ES/09/28

141 120

141 120

70 560

ES/09/32

282 000

282 000

141 000

ES/09/35

360 000

360 000

342 000

Subtotal

2 836 579

2 739 120

1 891 560

France

FR/09/01

553 500

410 000

205 000

FR/09/02

130 000

130 000

65 000

FR/09/03

120 000

120 000

60 000

Subtotal

803 500

660 000

330 000

Italy

IT/09/01

220 000

55 000

27 500

Subtotal

220 000

55 000

27 500

Lithuania

LT/09/01-01

27 000

27 000

25 650

Subtotal

27 000

27 000

25 650

Netherlands

NL/09/01

300 000

300 000

285 000

NL/09/02

150 000

150 000

142 500

NL/09/03

40 000

40 000

38 000

NL/09/04

75 000

75 000

71 250

NL/09/11

30 000

0

0

NL/09/12

30 000

30 000

28 500

Subtotal

625 000

595 000

565 250

Poland

PL/09/01

93 000

64 000

32 000

PL/09/02

10 000

10 000

9 500

PL/09/03

30 000

30 000

28 500

Subtotal

133 000

104 000

70 000

Portugal

PT/09/01-01

2 500

2 500

1 250

PT/09/01-02

218 250

194 000

97 000

PT/09/03

1 500

1 500

750

PT/09/04

7 000

7 000

3 500

PT/09/05-01

40 000

40 000

38 000

PT/09/05-02

30 000

30 000

28 500

PT/09/05-03

35 000

35 000

33 250

PT/09/05-04

125 000

125 000

118 750

PT/09/05-05

9 750

9 750

9 263

PT/09/05-06

9 000

9 000

8 550

Subtotal

478 000

453 750

338 813

Romania

RO/09/01

15 000

15 000

7 500

Subtotal

15 000

15 000

7 500

Finland

FI/09/01

200 000

200 000

100 000

FI/09/02

20 000

20 000

10 000

FI/09/03

15 000

15 000

7 500

Subtotal

235 000

235 000

117 500

Sweden

SE/09/01

40 000

40 000

20 000

SE/09/02

80 000

80 000

76 000

SE/09/03

135 000

135 000

128 250

SE/09/04

80 000

80 000

76 000

SE/09/05

80 000

80 000

76 000

SE/09/06

50 000

50 000

47 500

SE/09/07

60 000

60 000

30 000

Subtotal

525 000

525 000

453 750

United Kingdom

UK/09/01

55 880

55 880

53 086

UK/09/03

56 916

56 916

54 071

UK/09/04

113 831

100 000

50 000

UK/09/25

10 245

10 245

9 733

UK/09/26

15 362

15 362

7 681

UK/09/27

3 415

4 000

2 000

UK/09/30

5 123

6 000

3 000

UK/09/34

1 890

1 890

1 796

UK/09/37

1 708

2 000

1 000

UK/09/43

17 758

0

0

UK/09/44

17 075

17 075

8 538

UK/09/45

13 660

13 660

6 830

UK/09/46

10 245

12 000

6 000

UK/09/47

1 196

1 196

598

UK/09/48

797

797

758

UK/09/60

570

570

285

UK/09/64

2 277

2 000

1 000

UK/09/65

4 241

4 241

2 121

UK/09/67

3 159

3 159

3 002

Subtotal

335 348

306 991

211 499

Total

10 472 451

8 648 885

6 252 408

---

ANNEX II

AUTOMATIC LOCALISATION DEVICES

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Spain |
| ES/09/15 | 90 000 | 90 000 | 45 000 |
| ES/09/26 | 89 656 | 89 656 | 85 174 |
| Subtotal | 179 656 | 179 656 | 130 174 |
| France |
| FR/09/04 | 1 098 000 | 1 098 000 | 366 000 |
| FR/09/05 | 225 000 | 225 000 | 75 000 |
| Subtotal | 1 323 000 | 1 323 000 | 441 000 |
| Malta |
| MT/09/01 | 22 000 | 22 000 | 7 500 |
| Subtotal | 22 000 | 22 000 | 7 500 |
| Total | 1 524 656 | 1 524 656 | 578 674 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Spain

ES/09/15

90 000

90 000

45 000

ES/09/26

89 656

89 656

85 174

Subtotal

179 656

179 656

130 174

France

FR/09/04

1 098 000

1 098 000

366 000

FR/09/05

225 000

225 000

75 000

Subtotal

1 323 000

1 323 000

441 000

Malta

MT/09/01

22 000

22 000

7 500

Subtotal

22 000

22 000

7 500

Total

1 524 656

1 524 656

578 674

---

ANNEX III

ELECTRONIC RECORDING AND REPORTING SYSTEMS

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Belgium |
| BE/09/01 | 280 000 | 280 000 | 266 000 |
| BE/09/02 | 300 000 | 300 000 | 285 000 |
| Subtotal | 580 000 | 580 000 | 551 000 |
| Bulgaria |
| BG/09/06 | 25 000 | 25 000 | 23 750 |
| BG/09/07 | 80 000 | 80 000 | 76 000 |
| Subtotal | 105 000 | 105 000 | 99 750 |
| Denmark |
| DK/09/06 | 268 352 | 268 352 | 254 935 |
| Subtotal | 268 352 | 268 352 | 254 935 |
| Spain |
| ES/09/08 | 89 553 | 89 553 | 85 076 |
| ES/09/09 | 31 732 | 31 732 | 30 146 |
| ES/09/10 | 34 694 | 34 694 | 32 960 |
| ES/09/11 | 72 764 | 72 764 | 69 126 |
| ES/09/12 | 49 885 | 49 885 | 47 391 |
| ES/09/13 | 7 431 | 0 | 0 |
| ES/09/16 | 70 000 | 70 000 | 66 500 |
| Subtotal | 356 059 | 348 628 | 331 199 |
| Lithuania |
| LT/09/01-02 | 353 000 | 353 000 | 335 350 |
| Subtotal | 353 000 | 353 000 | 335 350 |
| Malta |
| MT/09/02-01 | 8 400 | 8 400 | 7 980 |
| MT/09/02-02 | 60 000 | 60 000 | 57 000 |
| MT/09/02-03 | 2 000 | 2 000 | 1 900 |
| MT/09/03 | 32 375 | 32 375 | 30 757 |
| MT/09/04 | 97 200 | 97 200 | 92 340 |
| Subtotal | 199 975 | 199 975 | 189 977 |
| Netherlands |
| NL/09/05 | 40 000 | 40 000 | 38 000 |
| NL/09/13 | 200 000 | 200 000 | 190 000 |
| Subtotal | 240 000 | 240 000 | 228 000 |
| Poland |
| PL/09/04 | 64 883 | 64 883 | 61 639 |
| PL/09/05-01 | 16 665 | 16 665 | 15 832 |
| PL/09/05-04 | 18 443 | 18 443 | 17 521 |
| PL/09/05-05 | 3 556 | 3 556 | 3 379 |
| PL/09/05-07 | 25 000 | 25 000 | 23 750 |
| PL/09/06 | 41 166 | 41 166 | 39 108 |
| Subtotal | 169 713 | 169 713 | 161 229 |
| Portugal |
| PT/09/02-01 | 53 500 | 53 500 | 50 825 |
| PT/09/02-02 | 53 500 | 53 500 | 50 825 |
| PT/09/06-01 | 133 000 | 133 000 | 126 350 |
| PT/09/06-02 | 53 500 | 53 500 | 50 825 |
| PT/09/06-03 | 12 000 | 12 000 | 11 400 |
| Subtotal | 305 500 | 305 500 | 290 225 |
| Finland |
| FI/09/04 | 550 000 | 550 000 | 522 500 |
| Subtotal | 550 000 | 550 000 | 522 500 |
| Sweden |
| SE/09/08 | 300 000 | 300 000 | 285 000 |
| Subtotal | 300 000 | 300 000 | 285 000 |
| Total | 3 427 599 | 3 420 168 | 3 249 165 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Belgium

BE/09/01

280 000

280 000

266 000

BE/09/02

300 000

300 000

285 000

Subtotal

580 000

580 000

551 000

Bulgaria

BG/09/06

25 000

25 000

23 750

BG/09/07

80 000

80 000

76 000

Subtotal

105 000

105 000

99 750

Denmark

DK/09/06

268 352

268 352

254 935

Subtotal

268 352

268 352

254 935

Spain

ES/09/08

89 553

89 553

85 076

ES/09/09

31 732

31 732

30 146

ES/09/10

34 694

34 694

32 960

ES/09/11

72 764

72 764

69 126

ES/09/12

49 885

49 885

47 391

ES/09/13

7 431

0

0

ES/09/16

70 000

70 000

66 500

Subtotal

356 059

348 628

331 199

Lithuania

LT/09/01-02

353 000

353 000

335 350

Subtotal

353 000

353 000

335 350

Malta

MT/09/02-01

8 400

8 400

7 980

MT/09/02-02

60 000

60 000

57 000

MT/09/02-03

2 000

2 000

1 900

MT/09/03

32 375

32 375

30 757

MT/09/04

97 200

97 200

92 340

Subtotal

199 975

199 975

189 977

Netherlands

NL/09/05

40 000

40 000

38 000

NL/09/13

200 000

200 000

190 000

Subtotal

240 000

240 000

228 000

Poland

PL/09/04

64 883

64 883

61 639

PL/09/05-01

16 665

16 665

15 832

PL/09/05-04

18 443

18 443

17 521

PL/09/05-05

3 556

3 556

3 379

PL/09/05-07

25 000

25 000

23 750

PL/09/06

41 166

41 166

39 108

Subtotal

169 713

169 713

161 229

Portugal

PT/09/02-01

53 500

53 500

50 825

PT/09/02-02

53 500

53 500

50 825

PT/09/06-01

133 000

133 000

126 350

PT/09/06-02

53 500

53 500

50 825

PT/09/06-03

12 000

12 000

11 400

Subtotal

305 500

305 500

290 225

Finland

FI/09/04

550 000

550 000

522 500

Subtotal

550 000

550 000

522 500

Sweden

SE/09/08

300 000

300 000

285 000

Subtotal

300 000

300 000

285 000

Total

3 427 599

3 420 168

3 249 165

---

ANNEX IV

ELECTRONIC RECORDING AND REPORTING DEVICES

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Belgium |
| BE/09/03 | 225 000 | 225 000 | 213 750 |
| Subtotal | 225 000 | 225 000 | 213 750 |
| Denmark |
| DK/09/07 | 134 176 | 134 176 | 127 468 |
| Subtotal | 134 176 | 134 176 | 127 468 |
| Germany |
| DE/09/05 | 90 000 | 90 000 | 85 500 |
| Subtotal | 90 000 | 90 000 | 85 500 |
| Estonia |
| EE/09/03 | 50 000 | 50 000 | 47 500 |
| Subtotal | 50 000 | 50 000 | 47 500 |
| Greece |
| EL/09/03 | 7 510 000 | 7 510 000 | 4 146 000 |
| Subtotal | 7 510 000 | 7 510 000 | 4 146 000 |
| Spain |
| ES/09/14 | 2 000 000 | 0 | 0 |
| Subtotal | 2 000 000 | 0 | 0 |
| France |
| FR/09/06 | 225 000 | 225 000 | 213 750 |
| Subtotal | 225 000 | 225 000 | 213 750 |
| Malta |
| MT/09/05 | 763 200 | 763 200 | 715 500 |
| + MT/09/02-04 | | | |
| Subtotal | 763 200 | 763 200 | 715 500 |
| Netherlands |
| NL/09/06 | 1 800 000 | 1 800 000 | 1 710 000 |
| Subtotal | 1 800 000 | 1 800 000 | 1 710 000 |
| Poland |
| PL/09/05-02 | 109 200 | 109 200 | 103 740 |
| PL/09/05-03 | 46 800 | 46 800 | 44 460 |
| PL/09/05-06 | 39 000 | 39 000 | 37 050 |
| Subtotal | 195 000 | 195 000 | 185 250 |
| Romania |
| RO/09/02 | 50 000 | 50 000 | 47 500 |
| Subtotal | 50 000 | 50 000 | 47 500 |
| Sweden |
| SE/09/09 | 300 000 | 300 000 | 285 000 |
| SE/09/10 | 200 000 | 200 000 | 190 000 |
| Subtotal | 500 000 | 500 000 | 475 000 |
| United Kingdom |
| UK/09/02 | 418 896 | 418 896 | 397 952 |
| Subtotal | 418 896 | 418 896 | 397 952 |
| Total | 13 961 272 | 11 961 272 | 8 365 170 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Belgium

BE/09/03

225 000

225 000

213 750

Subtotal

225 000

225 000

213 750

Denmark

DK/09/07

134 176

134 176

127 468

Subtotal

134 176

134 176

127 468

Germany

DE/09/05

90 000

90 000

85 500

Subtotal

90 000

90 000

85 500

Estonia

EE/09/03

50 000

50 000

47 500

Subtotal

50 000

50 000

47 500

Greece

EL/09/03

7 510 000

7 510 000

4 146 000

Subtotal

7 510 000

7 510 000

4 146 000

Spain

ES/09/14

2 000 000

0

0

Subtotal

2 000 000

0

0

France

FR/09/06

225 000

225 000

213 750

Subtotal

225 000

225 000

213 750

Malta

MT/09/05

763 200

763 200

715 500

- MT/09/02-04

Subtotal

763 200

763 200

715 500

Netherlands

NL/09/06

1 800 000

1 800 000

1 710 000

Subtotal

1 800 000

1 800 000

1 710 000

Poland

PL/09/05-02

109 200

109 200

103 740

PL/09/05-03

46 800

46 800

44 460

PL/09/05-06

39 000

39 000

37 050

Subtotal

195 000

195 000

185 250

Romania

RO/09/02

50 000

50 000

47 500

Subtotal

50 000

50 000

47 500

Sweden

SE/09/09

300 000

300 000

285 000

SE/09/10

200 000

200 000

190 000

Subtotal

500 000

500 000

475 000

United Kingdom

UK/09/02

418 896

418 896

397 952

Subtotal

418 896

418 896

397 952

Total

13 961 272

11 961 272

8 365 170

---

ANNEX V

PILOT PROJECTS

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Bulgaria |
| BG/09/08 | 25 000 | 25 000 | 23 750 |
| Subtotal | 25 000 | 25 000 | 23 750 |
| Spain |
| ES/09/34 | 96 887 | 96 887 | 92 043 |
| Subtotal | 96 887 | 96 887 | 92 043 |
| Sweden |
| SE/09/11 | 40 000 | 40 000 | 38 000 |
| SE/09/12 | 200 000 | 200 000 | 190 000 |
| Subtotal | 240 000 | 240 000 | 228 000 |
| Total | 361 887 | 361 887 | 343 793 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Bulgaria

BG/09/08

25 000

25 000

23 750

Subtotal

25 000

25 000

23 750

Spain

ES/09/34

96 887

96 887

92 043

Subtotal

96 887

96 887

92 043

Sweden

SE/09/11

40 000

40 000

38 000

SE/09/12

200 000

200 000

190 000

Subtotal

240 000

240 000

228 000

Total

361 887

361 887

343 793

---

ANNEX VI

TRAINING AND EXCHANGE PROGRAMMES

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Bulgaria |
| BG/09/09 | 70 000 | 70 000 | 35 000 |
| Subtotal | 70 000 | 70 000 | 35 000 |
| Germany |
| DE/09/03 | 21 000 | 21 000 | 10 500 |
| DE/09/04 | 5 000 | 5 000 | 2 500 |
| Subtotal | 26 000 | 26 000 | 13 000 |
| Estonia |
| EE/09/04 | 6 000 | 6 000 | 3 000 |
| Subtotal | 6 000 | 6 000 | 3 000 |
| Ireland |
| IE/09/02 | 30 000 | 30 000 | 15 000 |
| Subtotal | 30 000 | 30 000 | 15 000 |
| Spain |
| ES/09/17 | 25 920 | 25 920 | 12 960 |
| ES/09/25 | 70 690 | 70 690 | 35 345 |
| ES/09/33 | 22 000 | 22 000 | 11 000 |
| Subtotal | 118 610 | 118 610 | 59 305 |
| France |
| FR/09/07 | 115 000 | 115 000 | 57 500 |
| Subtotal | 115 000 | 115 000 | 57 500 |
| Italy |
| IT/09/02 | 6 871 585 | 0 | 0 |
| IT/09/03 | 342 000 | 0 | 0 |
| IT/09/04 | 26 340 | 26 340 | 13 170 |
| IT/09/05 | 30 000 | 30 000 | 15 000 |
| IT/09/06 | 880 000 | 880 000 | 440 000 |
| Subtotal | 8 149 925 | 936 340 | 468 170 |
| Lithuania |
| LT/09/02 | 14 500 | 14 500 | 7 250 |
| Subtotal | 14 500 | 14 500 | 7 250 |
| Malta |
| MT/09/06 | 18 300 | 18 300 | 9 150 |
| Subtotal | 18 300 | 18 300 | 9 150 |
| Netherlands |
| NL/09/14 | 45 000 | 45 000 | 22 500 |
| NL/09/15 | 25 000 | 25 000 | 12 500 |
| NL/09/16 | 45 000 | 45 000 | 22 500 |
| Subtotal | 115 000 | 115 000 | 57 500 |
| Finland |
| FI/09/05 | 30 000 | 30 000 | 15 000 |
| Subtotal | 30 000 | 30 000 | 15 000 |
| Sweden |
| SE/09/13 | 50 000 | 50 000 | 25 000 |
| Subtotal | 50 000 | 50 000 | 25 000 |
| United Kingdom |
| UK/09/05 | 3 415 | 3 415 | 1 708 |
| UK/09/06 | 27 456 | 27 456 | 13 728 |
| UK/09/07 | 11 201 | 11 201 | 5 601 |
| UK/09/08 | 29 141 | 29 141 | 14 571 |
| UK/09/09 | 75 812 | 75 812 | 37 906 |
| UK/09/10 | 18 031 | 0 | 0 |
| UK/09/11 | 23 313 | 0 | 0 |
| UK/09/12 | 46 443 | 0 | 0 |
| UK/09/13 | 12 021 | 0 | 0 |
| UK/09/14 | 3 643 | 0 | 0 |
| UK/09/15 | 8 538 | 8 538 | 4 269 |
| UK/09/17 | 6 830 | 6 830 | 3 415 |
| UK/09/28 | 2 163 | 2 163 | 1 082 |
| UK/09/29 | 797 | 0 | 0 |
| UK/09/36 | 2 145 | 0 | 0 |
| UK/09/38 | 975 | 975 | 488 |
| UK/09/39 | 171 | 171 | 86 |
| UK/09/49 | 3 415 | 3 415 | 1 708 |
| UK/09/50 | 530 | 0 | 0 |
| UK/09/51 | 3 415 | 3 415 | 1 708 |
| UK/09/52 | 5 692 | 5 692 | 2 846 |
| UK/09/61 | 2 277 | 2 277 | 1 139 |
| UK/09/62 | 2 049 | 2 049 | 1 025 |
| UK/09/63 | 1 025 | 1 025 | 513 |
| Subtotal | 290 498 | 183 575 | 91 793 |
| Total | 9 033 833 | 1 713 325 | 856 668 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Bulgaria

BG/09/09

70 000

70 000

35 000

Subtotal

70 000

70 000

35 000

Germany

DE/09/03

21 000

21 000

10 500

DE/09/04

5 000

5 000

2 500

Subtotal

26 000

26 000

13 000

Estonia

EE/09/04

6 000

6 000

3 000

Subtotal

6 000

6 000

3 000

Ireland

IE/09/02

30 000

30 000

15 000

Subtotal

30 000

30 000

15 000

Spain

ES/09/17

25 920

25 920

12 960

ES/09/25

70 690

70 690

35 345

ES/09/33

22 000

22 000

11 000

Subtotal

118 610

118 610

59 305

France

FR/09/07

115 000

115 000

57 500

Subtotal

115 000

115 000

57 500

Italy

IT/09/02

6 871 585

0

0

IT/09/03

342 000

0

0

IT/09/04

26 340

26 340

13 170

IT/09/05

30 000

30 000

15 000

IT/09/06

880 000

880 000

440 000

Subtotal

8 149 925

936 340

468 170

Lithuania

LT/09/02

14 500

14 500

7 250

Subtotal

14 500

14 500

7 250

Malta

MT/09/06

18 300

18 300

9 150

Subtotal

18 300

18 300

9 150

Netherlands

NL/09/14

45 000

45 000

22 500

NL/09/15

25 000

25 000

12 500

NL/09/16

45 000

45 000

22 500

Subtotal

115 000

115 000

57 500

Finland

FI/09/05

30 000

30 000

15 000

Subtotal

30 000

30 000

15 000

Sweden

SE/09/13

50 000

50 000

25 000

Subtotal

50 000

50 000

25 000

United Kingdom

UK/09/05

3 415

3 415

1 708

UK/09/06

27 456

27 456

13 728

UK/09/07

11 201

11 201

5 601

UK/09/08

29 141

29 141

14 571

UK/09/09

75 812

75 812

37 906

UK/09/10

18 031

0

0

UK/09/11

23 313

0

0

UK/09/12

46 443

0

0

UK/09/13

12 021

0

0

UK/09/14

3 643

0

0

UK/09/15

8 538

8 538

4 269

UK/09/17

6 830

6 830

3 415

UK/09/28

2 163

2 163

1 082

UK/09/29

797

0

0

UK/09/36

2 145

0

0

UK/09/38

975

975

488

UK/09/39

171

171

86

UK/09/49

3 415

3 415

1 708

UK/09/50

530

0

0

UK/09/51

3 415

3 415

1 708

UK/09/52

5 692

5 692

2 846

UK/09/61

2 277

2 277

1 139

UK/09/62

2 049

2 049

1 025

UK/09/63

1 025

1 025

513

Subtotal

290 498

183 575

91 793

Total

9 033 833

1 713 325

856 668

---

ANNEX VII

PILOT INSPECTION AND OBSERVER SCHEMES

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| United Kingdom |
| UK/09/40 | 11 384 | 11 384 | 5 692 |
| UK/09/53 | 18 213 | 0 | 0 |
| UK/09/54 | 36 426 | 0 | 0 |
| Subtotal | 66 023 | 11 384 | 5 692 |
| Total | 66 023 | 11 384 | 5 692 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

United Kingdom

UK/09/40

11 384

11 384

5 692

UK/09/53

18 213

0

0

UK/09/54

36 426

0

0

Subtotal

66 023

11 384

5 692

Total

66 023

11 384

5 692

---

ANNEX VIII

ANALYSIS AND ASSESSMENT OF EXPENDITURE

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Bulgaria |
| BG/09/10 | 12 000 | 12 000 | 6 000 |
| Subtotal | 12 000 | 12 000 | 6 000 |
| Total | 12 000 | 12 000 | 6 000 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Bulgaria

BG/09/10

12 000

12 000

6 000

Subtotal

12 000

12 000

6 000

Total

12 000

12 000

6 000

---

ANNEX IX

INITIATIVES RAISING AWARENESS OF CFP RULES

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Spain |
| ES/09/27 | 165 518 | 165 518 | 124 139 |
| Subtotal | 165 518 | 165 518 | 124 139 |
| France |
| FR/09/08 | 15 000 | 10 000 | 7 500 |
| Subtotal | 15 000 | 10 000 | 7 500 |
| Italy |
| IT/09/07 | 200 000 | 0 | 0 |
| IT/09/08 | 140 000 | 140 000 | 105 000 |
| IT/09/09 | 120 000 | 120 000 | 90 000 |
| IT/09/10 | 110 000 | 110 000 | 82 500 |
| Subtotal | 570 000 | 370 000 | 277 500 |
| Lithuania |
| LT/09/03 | 13 400 | 13 400 | 10 050 |
| Subtotal | 13 400 | 13 400 | 10 050 |
| Finland |
| FI/09/06 | 5 000 | 5 000 | 4 750 |
| Subtotal | 5 000 | 5 000 | 4 750 |
| Sweden |
| SE/09/14 | 100 000 | 100 000 | 75 000 |
| Subtotal | 100 000 | 100 000 | 75 000 |
| United Kingdom |
| UK/09/18 | 11 384 | 0 | 0 |
| UK/09/19 | 11 384 | 0 | 0 |
| UK/09/20 | 8 538 | 0 | 0 |
| UK/09/21 | 22 767 | 0 | 0 |
| UK/09/22 | 17 075 | 17 075 | 12 807 |
| UK/09/23 | 17 075 | 17 075 | 12 807 |
| UK/09/55 | 911 | 0 | 0 |
| Subtotal | 89 134 | 34 150 | 25 614 |
| Total | 958 052 | 698 068 | 524 553 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Spain

ES/09/27

165 518

165 518

124 139

Subtotal

165 518

165 518

124 139

France

FR/09/08

15 000

10 000

7 500

Subtotal

15 000

10 000

7 500

Italy

IT/09/07

200 000

0

0

IT/09/08

140 000

140 000

105 000

IT/09/09

120 000

120 000

90 000

IT/09/10

110 000

110 000

82 500

Subtotal

570 000

370 000

277 500

Lithuania

LT/09/03

13 400

13 400

10 050

Subtotal

13 400

13 400

10 050

Finland

FI/09/06

5 000

5 000

4 750

Subtotal

5 000

5 000

4 750

Sweden

SE/09/14

100 000

100 000

75 000

Subtotal

100 000

100 000

75 000

United Kingdom

UK/09/18

11 384

0

0

UK/09/19

11 384

0

0

UK/09/20

8 538

0

0

UK/09/21

22 767

0

0

UK/09/22

17 075

17 075

12 807

UK/09/23

17 075

17 075

12 807

UK/09/55

911

0

0

Subtotal

89 134

34 150

25 614

Total

958 052

698 068

524 553

---

ANNEX X

PATROL VESSELS AND AIRCRAFT

| (in EUR) |
| --- |
| Member State and project code | Expenditure planned in the national fisheries control programme | Eligible expenditure under this Decision | Community contribution |
| Greece |
| EL/09/04 | 3 000 000 | 1 050 000 | 525 000 |
| EL/09/05 | 4 647 000 | 0 | 0 |
| Subtotal | 7 647 000 | 1 050 000 | 525 000 |
| Spain |
| ES/09/18 | 3 000 000 | 3 000 000 | 1 500 000 |
| ES/09/19 | 2 000 000 | 2 000 000 | 1 000 000 |
| ES/09/20 | 1 344 450 | 1 344 450 | 672 470 |
| ES/09/21 | 1 397 414 | 1 397 414 | 698 707 |
| ES/09/22 | 34 483 | 0 | 0 |
| ES/09/23 | 84 207 | 0 | 0 |
| ES/09/29 | 92 400 | 0 | 0 |
| ES/09/30 | 3 381 840 | 3 381 840 | 1 690 920 |
| ES/09/31 | 130 000 | 0 | 0 |
| Subtotal | 11 464 794 | 11 123 704 | 5 562 097 |
| France |
| FR/09/09 | 150 000 | 0 | 0 |
| Subtotal | 150 000 | 0 | 0 |
| Italy |
| IT/09/11 | 5 000 000 | 5 000 000 | 2 500 000 |
| IT/09/12 | 3 700 000 | 0 | 0 |
| IT/09/13 | 1 950 000 | 0 | 0 |
| Subtotal | 10 650 000 | 5 000 000 | 2 500 000 |
| Netherlands |
| NL/09/07 | 25 000 | 0 | 0 |
| NL/09/08 | 70 000 | 0 | 0 |
| NL/09/09 | 100 000 | 0 | 0 |
| NL/09/10 | 100 000 | 0 | 0 |
| NL/09/17 | 70 000 | 0 | 0 |
| Subtotal | 365 000 | 0 | 0 |
| Romania |
| RO/09/03 | 15 000 | 15 000 | 7 500 |
| Subtotal | 15 000 | 15 000 | 7 500 |
| Finland |
| FI/09/07 | 100 000 | 0 | 0 |
| Subtotal | 100 000 | 0 | 0 |
| United Kingdom |
| UK/09/24 | 2 845 760 | 2 561 184 | 1 280 592 |
| UK/09/31 | 48 378 | 0 | 0 |
| UK/09/32 | 19 921 | 0 | 0 |
| UK/09/33 | 2 846 | 0 | 0 |
| UK/09/41 | 45 886 | 0 | 0 |
| UK/09/42 | 24 851 | 0 | 0 |
| UK/09/56 | 25 043 | 0 | 0 |
| UK/09/57 | 11 839 | 0 | 0 |
| UK/09/58 | 22 767 | 22 767 | 11 384 |
| UK/09/59 | 56 916 | 56 916 | 28 458 |
| UK/09/66 | 5 692 | 5 692 | 2 846 |
| Subtotal | 3 109 899 | 2 646 559 | 1 323 280 |
| Total | 33 501 693 | 19 835 263 | 9 917 877 |

(in EUR)

Member State and project code

Expenditure planned in the national fisheries control programme

Eligible expenditure under this Decision

Community contribution

Greece

EL/09/04

3 000 000

1 050 000

525 000

EL/09/05

4 647 000

0

0

Subtotal

7 647 000

1 050 000

525 000

Spain

ES/09/18

3 000 000

3 000 000

1 500 000

ES/09/19

2 000 000

2 000 000

1 000 000

ES/09/20

1 344 450

1 344 450

672 470

ES/09/21

1 397 414

1 397 414

698 707

ES/09/22

34 483

0

0

ES/09/23

84 207

0

0

ES/09/29

92 400

0

0

ES/09/30

3 381 840

3 381 840

1 690 920

ES/09/31

130 000

0

0

Subtotal

11 464 794

11 123 704

5 562 097

France

FR/09/09

150 000

0

0

Subtotal

150 000

0

0

Italy

IT/09/11

5 000 000

5 000 000

2 500 000

IT/09/12

3 700 000

0

0

IT/09/13

1 950 000

0

0

Subtotal

10 650 000

5 000 000

2 500 000

Netherlands

NL/09/07

25 000

0

0

NL/09/08

70 000

0

0

NL/09/09

100 000

0

0

NL/09/10

100 000

0

0

NL/09/17

70 000

0

0

Subtotal

365 000

0

0

Romania

RO/09/03

15 000

15 000

7 500

Subtotal

15 000

15 000

7 500

Finland

FI/09/07

100 000

0

0

Subtotal

100 000

0

0

United Kingdom

UK/09/24

2 845 760

2 561 184

1 280 592

UK/09/31

48 378

0

0

UK/09/32

19 921

0

0

UK/09/33

2 846

0

0

UK/09/41

45 886

0

0

UK/09/42

24 851

0

0

UK/09/56

25 043

0

0

UK/09/57

11 839

0

0

UK/09/58

22 767

22 767

11 384

UK/09/59

56 916

56 916

28 458

UK/09/66

5 692

5 692

2 846

Subtotal

3 109 899

2 646 559

1 323 280

Total

33 501 693

19 835 263

9 917 877

---