# Official Journal L 258/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 258 |
| | |
| English edition | Legislation | Volume 5924 September 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 258

English edition

Legislation

Volume 5924 September 2016

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2016/1712 of 7 June 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms with regard to regulatory technical standards specifying a minimum set of the information on financial contracts that should be contained in the detailed records and the circumstances in which the requirement should be imposed (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2016/1713 of 20 September 2016 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2016/2017 marketing year | 8 |
| | | Commission Implementing Regulation (EU) 2016/1714 of 23 September 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 10 |
| | | Commission Implementing Regulation (EU) 2016/1715 of 23 September 2016 on the issue of licences for importing rice under the tariff quotas opened for the September 2016 subperiod by Implementing Regulation (EU) No 1273/2011 | 12 |
| | | DECISIONS |
| | * | Council Decision (EU) 2016/1716 of 20 September 2016 appointing two members and two alternate members, proposed by the Kingdom of Spain of the Committee of the Regions | 15 |
| | * | Decision (EU) 2016/1717 of the European Central Bank of 21 September 2016 amending Decision ECB/2004/2 adopting the Rules of Procedure of the European Central Bank (ECB/2016/27) | 17 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2016/1712 of 7 June 2016 supplementing Directive 2014/59/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms with regard to regulatory technical standards specifying a minimum set of the information on financial contracts that should be contained in the detailed records and the circumstances in which the requirement should be imposed (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2016/1713 of 20 September 2016 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2016/2017 marketing year

8

Commission Implementing Regulation (EU) 2016/1714 of 23 September 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

10

Commission Implementing Regulation (EU) 2016/1715 of 23 September 2016 on the issue of licences for importing rice under the tariff quotas opened for the September 2016 subperiod by Implementing Regulation (EU) No 1273/2011

12

DECISIONS

*

Council Decision (EU) 2016/1716 of 20 September 2016 appointing two members and two alternate members, proposed by the Kingdom of Spain of the Committee of the Regions

15

*

Decision (EU) 2016/1717 of the European Central Bank of 21 September 2016 amending Decision ECB/2004/2 adopting the Rules of Procedure of the European Central Bank (ECB/2016/27)

17

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

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(1)   Text with EEA relevance

1

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

EN

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

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

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II Non-legislative acts

REGULATIONS

| 24.9.2016 | EN | Official Journal of the European Union | L 258/1 |
| --- | --- | --- | --- |

24.9.2016

EN

Official Journal of the European Union

L 258/1

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COMMISSION DELEGATED REGULATION (EU) 2016/1712

of 7 June 2016

supplementing Directive 2014/59/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms with regard to regulatory technical standards specifying a minimum set of the information on financial contracts that should be contained in the detailed records and the circumstances in which the requirement should be imposed

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (1), and in particular Article 71(8) thereof,

Whereas:

| (1) | In order to ensure that competent authorities and resolution authorities may easily access data on financial contracts, as defined in Article 2(1)(100) of Directive 2014/59/EU, where the applicable resolution plan or the group resolution plan foresees the taking of resolution actions in relation to an institution or entity referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU, those authorities should require institutions or entities to maintain on an on-going basis a minimum set of information on such contracts. That should be without prejudice to the possibility of competent authorities or resolution authorities to require additional information to be kept in detailed records of financial contracts and to impose such requirements on other institutions or entities referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU when it is needed to ensure comprehensive and effective planning. |
| --- | --- |

(1)

In order to ensure that competent authorities and resolution authorities may easily access data on financial contracts, as defined in Article 2(1)(100) of Directive 2014/59/EU, where the applicable resolution plan or the group resolution plan foresees the taking of resolution actions in relation to an institution or entity referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU, those authorities should require institutions or entities to maintain on an on-going basis a minimum set of information on such contracts. That should be without prejudice to the possibility of competent authorities or resolution authorities to require additional information to be kept in detailed records of financial contracts and to impose such requirements on other institutions or entities referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU when it is needed to ensure comprehensive and effective planning.

| (2) | The minimum set of information to be maintained in detailed records of financial contracts by the relevant institutions or entities should be clearly determined. That should be without prejudice to the discretion of competent authorities and resolution authorities to use it as a template or to prescribe the format in which the requested information should be provided within the timeframe set in the request. |
| --- | --- |

(2)

The minimum set of information to be maintained in detailed records of financial contracts by the relevant institutions or entities should be clearly determined. That should be without prejudice to the discretion of competent authorities and resolution authorities to use it as a template or to prescribe the format in which the requested information should be provided within the timeframe set in the request.

| (3) | For the avoidance of doubt, the requirement imposed on the relevant institutions or entities to maintain detailed records of financial contracts should not affect the right of the competent authorities and the resolution authorities to request necessary information from trade repositories in accordance with Article 81 of Regulation (EU) No 648/2012 of the European Parliament and of the Council (2) and Article 71(7) of Directive 2014/59/EU. |
| --- | --- |

(3)

For the avoidance of doubt, the requirement imposed on the relevant institutions or entities to maintain detailed records of financial contracts should not affect the right of the competent authorities and the resolution authorities to request necessary information from trade repositories in accordance with Article 81 of Regulation (EU) No 648/2012 of the European Parliament and of the Council (2) and Article 71(7) of Directive 2014/59/EU.

| (4) | This Regulation is based on the draft regulatory technical standards submitted by the European Banking Authority to the Commission. |
| --- | --- |

(4)

This Regulation is based on the draft regulatory technical standards submitted by the European Banking Authority to the Commission.

| (5) | The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3), |
| --- | --- |

(5)

The European Banking Authority has conducted open public consultations on the draft regulatory technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3),

HAS ADOPTED THIS REGULATION:

Article 1

Requirement to maintain detailed records of financial contracts

1.   An institution or entity referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU shall be required by the competent authority or resolution authority to maintain detailed records of financial contracts where the resolution plan or the group resolution plan foresees the taking of resolution actions in relation to the institution or entity concerned in the event the conditions for resolution are met.

2.   Where necessary to ensure comprehensive and effective planning, competent authorities and resolution authorities may impose the requirements referred to in paragraph 1 on institutions or entities referred to in point (b), (c) or (d) of Article 1(1) of Directive 2014/59/EU which are not covered by paragraph 1 of this Article.

Article 2

Minimum set of information on financial contracts to be kept in the detailed records

1.   An institution or entity which is required to maintain detailed records of financial contracts under Article 1 shall retain on an ongoing basis the minimum set of information listed in the Annex for each financial contract in its records.

2.   The institution or entity referred to in paragraph 1 shall, at the request of the competent authority or resolution authority, make available and transmit the requested information on the financial contracts, to the requesting authority within the timeframe set in the request.

3.   Where an information field listed in the Annex is not applicable to a certain type of financial contract and the institution or entity referred to in paragraph 1 can demonstrate this to the competent authority or resolution authority, the information relevant to that field shall be excluded from the requirement under Article 1.

Article 3

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

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

Done at Brussels, 7 June 2016.

For the Commission

The President

Jean-Claude JUNCKER

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(1)  
  OJ L 173, 12.6.2014, p. 190.

1

(2)  Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).

2

(3)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

3

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ANNEX

The minimum set of the information on financial contracts to be included in the detailed records

| | Field | Description of information to be maintained in detailed records of financial contracts |
| --- | --- | --- |
| | Section 1 — Parties to the financial contract |
| 1 | Record keeping timestamp | Date and time of record entry. |
| 2 | Type of ID of the reporting counterparty | Type of code used to identify the reporting counterparty. |
| 3 | Reporting Counterparty ID | Unique code (Legal Entity Identifier (LEI), where available) identifying the reporting counterparty. |
| 4 | Type of ID of the other counterparty | Type of code used to identify the other counterparty. |
| 5 | ID of the other counterparty | Unique code (LEI, where available) identifying the other counterparty of the financial contract. This field shall be filled from the perspective of the reporting counterparty. In the case of an individual, a client code shall be used in a consistent manner. |
| 6 | Name of the reporting counterparty | Corporate name of the reporting counterparty.
  This field can be left blank where LEI is used to identify the reporting counterparty. |
| 7 | Domicile of the reporting counterparty | Information on the registered office, consisting of full address, city and country of the reporting counterparty.
  This field can be left blank where LEI is used to identify the reporting counterparty. |
| 8 | Country of the other Counterparty | The country code of the country where the registered office of the other counterparty is located or, if the other counterparty is a natural person, of the country of residence. |
| 9 | Governing law | Identify the law governing the financial contract. |
| 10 | Contractual recognition — Write down and conversion powers (only for contracts governed by third country law subject to the requirement of the contractual term under the first subparagraph of Article 55(1) of Directive 2014/59/EU) | The contractual term required under Article 55(1) of Directive 2014/59/EU.
  When such contractual term is included in a master agreement and applies to all trades governed by that master agreement, it can be recorded at the master agreement level. |
| 11 | Contractual recognition — Suspension of termination rights (only for contracts governed by third country law) | The contractual term by which the creditor or party to the agreement creating the liability recognises the power of the resolution authority of a Member State to suspend termination rights.
  Where such contractual term is included in a master agreement and applies to all trades governed by that master agreement, it can be recorded at the master agreement level. |
| 12 | Contractual recognition — Resolution powers (only for contracts governed by third country law) | The contractual term, if any, by which the creditor or party to the agreement creating the liability recognises the power of a Member State resolution authority to apply resolution powers other than those identified in fields 10 and 11.
  Where such contractual term is included in a master agreement and applies to all trades governed by that master agreement, it can be recorded at the master agreement level. |
| 13 | Core business lines | Identify which core business line or core business lines the financial contract relates to, if any. |
| 14 | Value of the contract | Mark-to-market valuation of the financial contract, or mark-to-model valuation used in application of Article 11(2) of Regulation (EU) No 648/2012 and reported in application of Article 9 of Regulation (EU) No 648/2012 and delegated and implementing regulations adopted thereunder. The CCP's valuation is to be used for a cleared trade. |
| 15 | Currency of the value | The currency used for the valuation of the financial contract. |
| 16 | Valuation timestamp | Date and time of the last valuation.
  For mark-to-market valuation, the date and time of publishing of reference prices shall be reported. |
| 17 | Valuation type | Indicate whether valuation was performed mark-to-market or mark-to-model or provided by the CCP. |
| 18 | Collateralisation | Indicate whether a collateral agreement between the counterparties exists. Where the financial contract is covered by the reporting requirements under Article 9 of Regulation (EU) No 648/2012 and delegated and implementing regulations adopted thereunder, information on collateralisation shall be provided as required by those requirements. |
| 19 | Collateral portfolio | Indicate whether the collateralisation was performed on a portfolio basis. Portfolio means the collateral calculated on the basis of net positions resulting from a set of contracts, rather than per trade. |
| 20 | Collateral portfolio code | If collateral is reported on a portfolio basis, the portfolio should be identified by a unique code determined by the reporting counterparty. |
| 21 | Initial margin posted | Value of the initial margin posted by the reporting counterparty to the other counterparty.
  Where the initial margin is posted on a portfolio basis, this field should include the overall values of the initial margin posted for the portfolio. |
| 22 | Currency of the initial margin posted | Specify the currency of the initial margin posted. |
| 23 | Variation margin posted | Value of the variation margin posted, including cash settled, by the reporting counterparty to the other counterparty.
  Where the variation margin is posted on a portfolio basis, this field should include the overall value of the variation margin posted for the portfolio. |
| 24 | Currency of the variation margin posted | Specify the currency of the variation margin posted. |
| 25 | Initial margin received | Value of the initial margin received by the reporting counterparty from the other counterparty.
  Where the initial margin is received on a portfolio basis, this field should include the overall value of the initial margin received for the portfolio. |
| 26 | Currency of the initial margin received | Specify the currency of the initial margin received. |
| 27 | Variation margin received | Value of the variation margin received, including cash settled, by the reporting counterparty from the other counterparty.
  Where the variation margin is received on a portfolio basis, this field should include the overall value of the variation margin received for the portfolio. |
| 28 | Currency of the variation margin received | Specify the currency of the variation margin received |
| | Section 2a — Financial contract type |
| 29 | Type of the financial contract | Classify the financial contract according to Article 2, paragraph 1, point 100 of Directive 2014/59/EU. |
| 30 | Financial contract ID | Unique trade ID where the financial contract is covered by the reporting requirements under Article 9 of Regulation (EU) No 648/2012 and delegated and implementing regulations adopted thereunder. For any other financial contract, ID assigned by the reporting counterparty. |
| | Section 2b — Details on the transaction |
| 31 | Effective date | Date when obligations under the financial contract come into effect. |
| 32 | Maturity date | Original date of expiry of the reported financial contract. An early termination shall not be recorded in this field. |
| 33 | Termination date | Termination date in the case of an early termination of the reported financial contract.
  If not different from maturity date, this field shall be left blank. |
| 34 | Termination right | Indicate whether the other counterparty's termination right under the reported financial contract is based on the insolvency or financial condition of the institution under resolution.
  Where such contractual term is included in a master agreement and applies to all trades governed by that master agreement, it can be recorded at the master agreement level. |
| 35 | Master Agreement type | Reference to the name of the relevant master agreement, if used for the reported financial contract (e.g. ISDA Master Agreement; Master Power Purchase and Sale Agreement; International ForEx Master Agreement; European Master Agreement or any local master agreements). |
| 36 | Master Agreement version | Reference to the year of the master agreement version used for the reported trade, if applicable (e.g. 1992, 2002, etc.). |
| 37 | Netting agreement | If the financial contract is a part of a netting arrangement as defined in Article 2(1)(98) of Directive 2014/59/EU, a unique reference of the netting arrangement. |
| 38 | Type of liability/claim | Indicate whether liabilities arising from the financial contract are:






  — | entirely excluded from bail-in pursuant to Article 44(2) of Directive 2014/59/EU; |

Field

Description of information to be maintained in detailed records of financial contracts

Section 1 — Parties to the financial contract

1

Record keeping timestamp

Date and time of record entry.

2

Type of ID of the reporting counterparty

Type of code used to identify the reporting counterparty.

3

Reporting Counterparty ID

Unique code (Legal Entity Identifier (LEI), where available) identifying the reporting counterparty.

4

Type of ID of the other counterparty

Type of code used to identify the other counterparty.

5

ID of the other counterparty

Unique code (LEI, where available) identifying the other counterparty of the financial contract. This field shall be filled from the perspective of the reporting counterparty. In the case of an individual, a client code shall be used in a consistent manner.

6

Name of the reporting counterparty

Corporate name of the reporting counterparty.

This field can be left blank where LEI is used to identify the reporting counterparty.

7

Domicile of the reporting counterparty

Information on the registered office, consisting of full address, city and country of the reporting counterparty.

This field can be left blank where LEI is used to identify the reporting counterparty.

8

Country of the other Counterparty

The country code of the country where the registered office of the other counterparty is located or, if the other counterparty is a natural person, of the country of residence.

9

Governing law

Identify the law governing the financial contract.

10

Contractual recognition — Write down and conversion powers (only for contracts governed by third country law subject to the requirement of the contractual term under the first subparagraph of Article 55(1) of Directive 2014/59/EU)

The contractual term required under Article 55(1) of Directive 2014/59/EU.

When such contractual term is included in a master agreement and applies to all trades governed by that master agreement, it can be recorded at the master agreement level.

11

Contractual recognition — Suspension of termination rights (only for contracts governed by third country law)

The contractual term by which the creditor or party to the agreement creating the liability recognises the power of the resolution authority of a Member State to suspend termination rights.

Where such contractual term is included in a master agreement and applies to all trades governed by that master agreement, it can be recorded at the master agreement level.

12

Contractual recognition — Resolution powers (only for contracts governed by third country law)

The contractual term, if any, by which the creditor or party to the agreement creating the liability recognises the power of a Member State resolution authority to apply resolution powers other than those identified in fields 10 and 11.

Where such contractual term is included in a master agreement and applies to all trades governed by that master agreement, it can be recorded at the master agreement level.

13

Core business lines

Identify which core business line or core business lines the financial contract relates to, if any.

14

Value of the contract

Mark-to-market valuation of the financial contract, or mark-to-model valuation used in application of Article 11(2) of Regulation (EU) No 648/2012 and reported in application of Article 9 of Regulation (EU) No 648/2012 and delegated and implementing regulations adopted thereunder. The CCP's valuation is to be used for a cleared trade.

15

Currency of the value

The currency used for the valuation of the financial contract.

16

Valuation timestamp

Date and time of the last valuation.

For mark-to-market valuation, the date and time of publishing of reference prices shall be reported.

17

Valuation type

Indicate whether valuation was performed mark-to-market or mark-to-model or provided by the CCP.

18

Collateralisation

Indicate whether a collateral agreement between the counterparties exists. Where the financial contract is covered by the reporting requirements under Article 9 of Regulation (EU) No 648/2012 and delegated and implementing regulations adopted thereunder, information on collateralisation shall be provided as required by those requirements.

19

Collateral portfolio

Indicate whether the collateralisation was performed on a portfolio basis. Portfolio means the collateral calculated on the basis of net positions resulting from a set of contracts, rather than per trade.

20

Collateral portfolio code

If collateral is reported on a portfolio basis, the portfolio should be identified by a unique code determined by the reporting counterparty.

21

Initial margin posted

Value of the initial margin posted by the reporting counterparty to the other counterparty.

Where the initial margin is posted on a portfolio basis, this field should include the overall values of the initial margin posted for the portfolio.

22

Currency of the initial margin posted

Specify the currency of the initial margin posted.

23

Variation margin posted

Value of the variation margin posted, including cash settled, by the reporting counterparty to the other counterparty.

Where the variation margin is posted on a portfolio basis, this field should include the overall value of the variation margin posted for the portfolio.

24

Currency of the variation margin posted

Specify the currency of the variation margin posted.

25

Initial margin received

Value of the initial margin received by the reporting counterparty from the other counterparty.

Where the initial margin is received on a portfolio basis, this field should include the overall value of the initial margin received for the portfolio.

26

Currency of the initial margin received

Specify the currency of the initial margin received.

27

Variation margin received

Value of the variation margin received, including cash settled, by the reporting counterparty from the other counterparty.

Where the variation margin is received on a portfolio basis, this field should include the overall value of the variation margin received for the portfolio.

28

Currency of the variation margin received

Specify the currency of the variation margin received

Section 2a — Financial contract type

29

Type of the financial contract

Classify the financial contract according to Article 2, paragraph 1, point 100 of Directive 2014/59/EU.

30

Financial contract ID

Unique trade ID where the financial contract is covered by the reporting requirements under Article 9 of Regulation (EU) No 648/2012 and delegated and implementing regulations adopted thereunder. For any other financial contract, ID assigned by the reporting counterparty.

Section 2b — Details on the transaction

31

Effective date

Date when obligations under the financial contract come into effect.

32

Maturity date

Original date of expiry of the reported financial contract. An early termination shall not be recorded in this field.

33

Termination date

Termination date in the case of an early termination of the reported financial contract.

If not different from maturity date, this field shall be left blank.

34

Termination right

Indicate whether the other counterparty's termination right under the reported financial contract is based on the insolvency or financial condition of the institution under resolution.

Where such contractual term is included in a master agreement and applies to all trades governed by that master agreement, it can be recorded at the master agreement level.

35

Master Agreement type

Reference to the name of the relevant master agreement, if used for the reported financial contract (e.g. ISDA Master Agreement; Master Power Purchase and Sale Agreement; International ForEx Master Agreement; European Master Agreement or any local master agreements).

36

Master Agreement version

Reference to the year of the master agreement version used for the reported trade, if applicable (e.g. 1992, 2002, etc.).

37

Netting agreement

If the financial contract is a part of a netting arrangement as defined in Article 2(1)(98) of Directive 2014/59/EU, a unique reference of the netting arrangement.

38

Type of liability/claim

Indicate whether liabilities arising from the financial contract are:

—

entirely excluded from bail-in pursuant to Article 44(2) of Directive 2014/59/EU;

| — | partially excluded from bail-in pursuant to Article 44(2) of Directive 2014/59/EU; |
| --- | --- |

—

partially excluded from bail-in pursuant to Article 44(2) of Directive 2014/59/EU;

| — | not excluded from bail-in pursuant to Article 44(2) of Directive 2014/59/EU. |
| --- | --- |

—

not excluded from bail-in pursuant to Article 44(2) of Directive 2014/59/EU.

Section 2c — Clearing

39

Clearing obligation

Indicate whether the reported financial contract belongs to a class of OTC derivatives that has been declared subject to the clearing obligation and both counterparties to the contract are subject to the clearing obligation under Regulation (EU) No 648/2012, as of the time of execution of the financial contract.

40

Cleared

Indicate whether clearing has taken place.

41

Clearing timestamp

Time and date when clearing took place.

42

CCP

In the case of a financial contract that has been cleared, the unique code for the CCP that has cleared the financial contract.

43

Intragroup

Indicate whether the financial contract was entered into as an intragroup transaction, defined in Article 3 of Regulation (EU) No 648/2012.

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| 24.9.2016 | EN | Official Journal of the European Union | L 258/8 |
| --- | --- | --- | --- |

24.9.2016

EN

Official Journal of the European Union

L 258/8

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COMMISSION IMPLEMENTING REGULATION (EU) 2016/1713

of 20 September 2016

fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2016/2017 marketing year

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 139(2) and point (g) of the first paragraph of Article 144 thereof,

Whereas:

| (1) | According to point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013, the sugar or isoglucose produced in excess of the quota referred to in Article 136 of that Regulation may be exported only within the quantitative limit to be fixed by the Commission. |
| --- | --- |

(1)

According to point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013, the sugar or isoglucose produced in excess of the quota referred to in Article 136 of that Regulation may be exported only within the quantitative limit to be fixed by the Commission.

| (2) | Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006 (2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets. |
| --- | --- |

(2)

Detailed implementing rules for out-of-quota exports, in particular concerning the issue of export licences are laid down by Commission Regulation (EC) No 951/2006 (2). However, the quantitative limit should be fixed per marketing year in view of the possible opportunities on the export markets.

| (3) | For certain Union producers of sugar and isoglucose, exports from the Union represent an important part of their economic activities and they have established traditional markets outside the Union. Exports of sugar and isoglucose to those markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota sugar and isoglucose exports so that the EU producers concerned may continue to supply their traditional markets. |
| --- | --- |

(3)

For certain Union producers of sugar and isoglucose, exports from the Union represent an important part of their economic activities and they have established traditional markets outside the Union. Exports of sugar and isoglucose to those markets could be economically viable also without granting export refunds. To that end it is necessary to fix a quantitative limit for out-of-quota sugar and isoglucose exports so that the EU producers concerned may continue to supply their traditional markets.

| (4) | For the 2016/2017 marketing year it is estimated that fixing the quantitative limit initially at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 70 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand. |
| --- | --- |

(4)

For the 2016/2017 marketing year it is estimated that fixing the quantitative limit initially at 650 000 tonnes, in white sugar equivalent, for out-of-quota sugar exports and 70 000 tonnes, in dry matter, for out-of-quota isoglucose would correspond to the market demand.

| (5) | Exports of sugar from the Union to certain close destinations and to third countries granting Union products a preferential import treatment are currently in a particular favourable competitive position. In view of the absence of appropriate instruments of mutual assistance to fight against irregularities and in order to minimize the risk of fraud and to prevent any abuse associated with the re-import or reintroduction into the Union of out-of-quota sugar certain close destinations should be excluded from the eligible destinations. |
| --- | --- |

(5)

Exports of sugar from the Union to certain close destinations and to third countries granting Union products a preferential import treatment are currently in a particular favourable competitive position. In view of the absence of appropriate instruments of mutual assistance to fight against irregularities and in order to minimize the risk of fraud and to prevent any abuse associated with the re-import or reintroduction into the Union of out-of-quota sugar certain close destinations should be excluded from the eligible destinations.

| (6) | In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product it is not necessary to restrict the eligible destinations for the export of out-of-quota isoglucose. |
| --- | --- |

(6)

In view of the estimated lower risks for eventual frauds regarding isoglucose due to the nature of the product it is not necessary to restrict the eligible destinations for the export of out-of-quota isoglucose.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets, |
| --- | --- |

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.   For the 2016/2017 marketing year the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 650 000 tonnes for exports without refund of out-of-quota white sugar falling within CN code 1701 99.

2.   Exports within the quantitative limit fixed in paragraph 1 shall be allowed for all destinations excluding:

| a) | third countries: Albania, Andorra, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Holy See (Vatican City State), Kosovo (3), Liechtenstein, Montenegro, San Marino and Serbia; |
| --- | --- |

a)

third countries: Albania, Andorra, Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia, the Holy See (Vatican City State), Kosovo (3), Liechtenstein, Montenegro, San Marino and Serbia;

| b) | territories of Member States not forming part of the customs territory of the Union: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; |
| --- | --- |

b)

territories of Member States not forming part of the customs territory of the Union: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

| c) | European territories for whose external relations a Member State is responsible, not forming part of the customs territory of the Union: Gibraltar. |
| --- | --- |

c)

European territories for whose external relations a Member State is responsible, not forming part of the customs territory of the Union: Gibraltar.

Article 2

Fixing the quantitative limit for out-of-quota isoglucose exports

1.   For the 2016/2017 marketing year the quantitative limit referred to in point (d) of the first subparagraph of Article 139(1) of Regulation (EU) No 1308/2013 shall be 70 000 tonnes, in dry matter, for exports without refund of out-of-quota isoglucose falling within CN codes 1702 40 10, 1702 60 10 and 1702 90 30.

2.   Exports of the products referred to in paragraph 1 shall only be allowed where they comply with the conditions laid down in Article 4 of Regulation (EC) No 951/2006.

Article 3

Entry into force and application

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

Official Journal of the European Union

It shall apply from 1 October 2016.

It shall expire on 30 September 2017.

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

Done at Brussels, 20 September 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

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

2

(3)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.

3

---

| 24.9.2016 | EN | Official Journal of the European Union | L 258/10 |
| --- | --- | --- | --- |

24.9.2016

EN

Official Journal of the European Union

L 258/10

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/1714

of 23 September 2016

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

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

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

(1)

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

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

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

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

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

Done at Brussels, 23 September 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

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

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 186,6 |
| ZZ | 186,6 |
| 0707 00 05 | TR | 118,8 |
| ZZ | 118,8 |
| 0709 93 10 | AR | 162,6 |
| TR | 140,0 |
| ZZ | 151,3 |
| 0805 50 10 | AR | 88,9 |
| CL | 113,1 |
| MA | 81,7 |
| TR | 105,7 |
| UY | 104,0 |
| ZA | 115,5 |
| ZZ | 101,5 |
| 0806 10 10 | TR | 129,5 |
| ZA | 80,3 |
| ZZ | 104,9 |
| 0808 10 80 | AR | 149,5 |
| BR | 97,9 |
| CL | 131,2 |
| NZ | 125,3 |
| US | 144,0 |
| ZA | 104,1 |
| ZZ | 125,3 |
| 0808 30 90 | CL | 115,7 |
| CN | 92,9 |
| TR | 132,1 |
| ZA | 155,4 |
| ZZ | 124,0 |
| 0809 30 10 , 0809 30 90 | TR | 129,2 |
| ZZ | 129,2 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

186,6

ZZ

186,6

0707 00 05

TR

118,8

ZZ

118,8

0709 93 10

AR

162,6

TR

140,0

ZZ

151,3

0805 50 10

AR

88,9

CL

113,1

MA

81,7

TR

105,7

UY

104,0

ZA

115,5

ZZ

101,5

0806 10 10

TR

129,5

ZA

80,3

ZZ

104,9

0808 10 80

AR

149,5

BR

97,9

CL

131,2

NZ

125,3

US

144,0

ZA

104,1

ZZ

125,3

0808 30 90

CL

115,7

CN

92,9

TR

132,1

ZA

155,4

ZZ

124,0

0809 30 10 , 0809 30 90

TR

129,2

ZZ

129,2

---

(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.

---

| 24.9.2016 | EN | Official Journal of the European Union | L 258/12 |
| --- | --- | --- | --- |

24.9.2016

EN

Official Journal of the European Union

L 258/12

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/1715

of 23 September 2016

on the issue of licences for importing rice under the tariff quotas opened for the September 2016 subperiod by Implementing Regulation (EU) No 1273/2011

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) No 1273/2011 (2) opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex I to that Implementing Regulation. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) No 1273/2011 (2) opened and provided for the administration of certain import tariff quotas for rice and broken rice, broken down by country of origin and split into several subperiods in accordance with Annex I to that Implementing Regulation.

| (2) | September is the fourth subperiod for the quota provided for under Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011, the third subperiod for the quota provided for under Article 1(1)(d) of that Implementing Regulation and the first subperiod for the quota provided for under Article 1(1)(e) of that Implementing Regulation. |
| --- | --- |

(2)

September is the fourth subperiod for the quota provided for under Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011, the third subperiod for the quota provided for under Article 1(1)(d) of that Implementing Regulation and the first subperiod for the quota provided for under Article 1(1)(e) of that Implementing Regulation.

| (3) | The notifications sent in accordance with point (a) of Article 8 of Implementing Regulation (EU) No 1273/2011 show that, for the quotas with order numbers 09.4117 — 09.4118 and 09.4168, the applications lodged in the first 10 working days of September 2016 under Article 4(1) of that Implementing Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested under the quotas concerned, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3). |
| --- | --- |

(3)

The notifications sent in accordance with point (a) of Article 8 of Implementing Regulation (EU) No 1273/2011 show that, for the quotas with order numbers 09.4117 — 09.4118 and 09.4168, the applications lodged in the first 10 working days of September 2016 under Article 4(1) of that Implementing Regulation cover a quantity greater than that available. The extent to which import licences may be issued should therefore be determined by fixing the allocation coefficient to be applied to the quantities requested under the quotas concerned, calculated in accordance with Article 7(2) of Commission Regulation (EC) No 1301/2006 (3).

| (4) | Those notifications also show that, for the quotas with order numbers 09.4127 — 09.4128 — 09.4129 — 09.4112 and 09.4119, the applications lodged in the first 10 working days of September 2016 under Article 4(1) of Implementing Regulation (EU) No 1273/2011 cover a quantity less than that available. |
| --- | --- |

(4)

Those notifications also show that, for the quotas with order numbers 09.4127 — 09.4128 — 09.4129 — 09.4112 and 09.4119, the applications lodged in the first 10 working days of September 2016 under Article 4(1) of Implementing Regulation (EU) No 1273/2011 cover a quantity less than that available.

| (5) | The quantity not used for the September subperiod of the quotas with order numbers 09.4127 — 09.4128 — 09.4129 and 09.4130 is transferred to the quota bearing the order number 09.4138 for the following subperiod under Article 2 of Implementing Regulation (EU) No 1273/2011. |
| --- | --- |

(5)

The quantity not used for the September subperiod of the quotas with order numbers 09.4127 — 09.4128 — 09.4129 and 09.4130 is transferred to the quota bearing the order number 09.4138 for the following subperiod under Article 2 of Implementing Regulation (EU) No 1273/2011.

| (6) | The total quantity available for the following subperiod should also be fixed for the quotas with order numbers 09.4138 and 09.4168, in accordance with the first subparagraph of Article 5 of Implementing Regulation (EU) No 1273/2011. |
| --- | --- |

(6)

The total quantity available for the following subperiod should also be fixed for the quotas with order numbers 09.4138 and 09.4168, in accordance with the first subparagraph of Article 5 of Implementing Regulation (EU) No 1273/2011.

| (7) | In order to ensure sound management of the procedure of issuing import licences, this Regulation should enter into force immediately after its publication, |
| --- | --- |

(7)

In order to ensure sound management of the procedure of issuing import licences, this Regulation should enter into force immediately after its publication,

HAS ADOPTED THIS REGULATION:

Article 1

1.   For import licence applications for rice under the quotas with order numbers 09.4117 — 09.4118 and 09.4168 referred to in Implementing Regulation (EU) No 1273/2011 lodged in the first 10 working days of September 2016, licences shall be issued for the quantity requested, multiplied by the allocation coefficient set out in the Annex to this Regulation.

2.   The total quantity available for the following subperiod under the quota with order numbers 09.4138 and 09.4168 referred to in Implementing Regulation (EU) No 1273/2011 is set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 23 September 2016.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 347, 20.12.2013, p. 671.

1

(2)  Commission Implementing Regulation (EU) No 1273/2011 of 7 December 2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (OJ L 325, 8.12.2011, p. 6).

2

(3)  Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (OJ L 238, 1.9.2006, p. 13).

3

---

ANNEX

Quantities to be allocated for the September 2016 subperiod and quantities available for the following subperiod under Implementing Regulation (EU) No 1273/2011

| (a) | Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011:








  Origin | Order number | Allocation coefficient for September 2016 subperiod | Total quantity available for October 2016 subperiod (kg) |
| --- | --- | --- | --- | --- |
| United States | 09.4127 | — (1) | |
| Thailand | 09.4128 | — (1) | |
| Australia | 09.4129 | — (1) | |
| Other origins | 09.4130 | — (2) | |
| All countries | 09.4138 | | 2 388 075 |

(a)

Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(a) of Implementing Regulation (EU) No 1273/2011:

Origin

Order number

Allocation coefficient for September 2016 subperiod

Total quantity available for October 2016 subperiod (kg)

United States

09.4127

— (1)

Thailand

09.4128

— (1)

Australia

09.4129

— (1)

Other origins

09.4130

— (2)

All countries

09.4138

2 388 075

| (b) | Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(d) of Implementing Regulation (EU) No 1273/2011:







  Origin | Order number | Allocation coefficient for September 2016 subperiod |
| --- | --- | --- | --- |
| Thailand | 09.4112 | — (3) |
| United States | 09.4116 | — (4) |
| India | 09.4117 | 19,777775 % |
| Pakistan | 09.4118 | 22,796412 % |
| Other origins | 09.4119 | — (3) |
| All countries | 09.4166 | — (4) |

(b)

Quota of wholly milled or semi-milled rice covered by CN code 1006 30 as provided for in Article 1(1)(d) of Implementing Regulation (EU) No 1273/2011:

Origin

Order number

Allocation coefficient for September 2016 subperiod

Thailand

09.4112

— (3)

United States

09.4116

— (4)

India

09.4117

19,777775 %

Pakistan

09.4118

22,796412 %

Other origins

09.4119

— (3)

All countries

09.4166

— (4)

| (c) | Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(e) of Implementing Regulation (EU) No 1273/2011:








  Origin | Order number | Allocation coefficient for September 2016 subperiod | Total quantity available for October 2016 subperiod (kg) |
| --- | --- | --- | --- | --- |
| All countries | 09.4168 | 1,050522 % | 0 |

(c)

Quota of broken rice covered by CN code 1006 40 00 as provided for in Article 1(1)(e) of Implementing Regulation (EU) No 1273/2011:

Origin

Order number

Allocation coefficient for September 2016 subperiod

Total quantity available for October 2016 subperiod (kg)

All countries

09.4168

1,050522 %

0

---

(1)  Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.

(2)  No quantity available for this subperiod.

(3)  Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.

(4)  No quantity available for this subperiod.

---

DECISIONS

| 24.9.2016 | EN | Official Journal of the European Union | L 258/15 |
| --- | --- | --- | --- |

24.9.2016

EN

Official Journal of the European Union

L 258/15

---

COUNCIL DECISION (EU) 2016/1716

of 20 September 2016

appointing two members and two alternate members, proposed by the Kingdom of Spain of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Spanish Government,

Whereas:

| (1) | On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
| --- | --- |

(1)

On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

| (2) | Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Alberto FABRA PART and Ms Nuria MARÍN MARTÍNEZ. |
| --- | --- |

(2)

Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Alberto FABRA PART and Ms Nuria MARÍN MARTÍNEZ.

| (3) | Two alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office Mr Francisco Javier LEÓN DE LA RIVA and Mr Fernando MARTÍNEZ-MAILLO TORIBIO, |
| --- | --- |

(3)

Two alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office Mr Francisco Javier LEÓN DE LA RIVA and Mr Fernando MARTÍNEZ-MAILLO TORIBIO,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

| (a) | as members:






  — | D. Juan ESPADAS CEJAS, Alcalde de Sevilla, |
| --- | --- | --- |

(a)

as members:

—

D. Juan ESPADAS CEJAS, Alcalde de Sevilla,

| — | D. Antonio ROMÁN JASANADA, Alcalde de Guadalajara, |
| --- | --- |

—

D. Antonio ROMÁN JASANADA, Alcalde de Guadalajara,

and

| (b) | as alternate members:






  — | D. Pedro Luis SANZ CARLAVILLA, Alcalde de Meco, |
| --- | --- | --- |

(b)

as alternate members:

—

D. Pedro Luis SANZ CARLAVILLA, Alcalde de Meco,

| — | D. David PÉREZ GARCÍA, Alcalde de Alcorcón. |
| --- | --- |

—

D. David PÉREZ GARCÍA, Alcalde de Alcorcón.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 20 September 2016.

For the Council

The President

I. KORČOK

---

(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

1

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

2

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

3

---

| 24.9.2016 | EN | Official Journal of the European Union | L 258/17 |
| --- | --- | --- | --- |

24.9.2016

EN

Official Journal of the European Union

L 258/17

---

DECISION (EU) 2016/1717 OF THE EUROPEAN CENTRAL BANK

of 21 September 2016

amending Decision ECB/2004/2 adopting the Rules of Procedure of the European Central Bank (ECB/2016/27)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 12.3 thereof,

Whereas:

| (1) | Legal instruments addressed to national central banks (NCBs) and to national competent authorities (NCAs), such as European Central Bank (ECB) guidelines and instructions, need to be properly notified to their addressees. Today, the commonly accepted practice for notifications between the ECB, on the one hand, and the NCBs or NCAs, on the other, is use of electronic means including email. In contrast, telex has become obsolete as a means of communication due to technological developments. |
| --- | --- |

(1)

Legal instruments addressed to national central banks (NCBs) and to national competent authorities (NCAs), such as European Central Bank (ECB) guidelines and instructions, need to be properly notified to their addressees. Today, the commonly accepted practice for notifications between the ECB, on the one hand, and the NCBs or NCAs, on the other, is use of electronic means including email. In contrast, telex has become obsolete as a means of communication due to technological developments.

| (2) | In the past two years, the ECB has adopted many decisions addressed to supervised entities or entities which have applied for authorisation to take up the business of a credit institution. Equally, the ECB has adopted decision imposing sanctions on third parties. Although primary law does not prescribe this, the ECB Rules of Procedure currently require the ECB President to sign these types of ECB decisions with addressees. |
| --- | --- |

(2)

In the past two years, the ECB has adopted many decisions addressed to supervised entities or entities which have applied for authorisation to take up the business of a credit institution. Equally, the ECB has adopted decision imposing sanctions on third parties. Although primary law does not prescribe this, the ECB Rules of Procedure currently require the ECB President to sign these types of ECB decisions with addressees.

| (3) | In the future, ECB decisions addressed to supervised entities or entities which have applied for authorisation to take up the business of a credit institution and decisions imposing sanctions on third parties should be signed by the Secretary of the Governing Council in order to certify the conformity with the Governing Council's decision. |
| --- | --- |

(3)

In the future, ECB decisions addressed to supervised entities or entities which have applied for authorisation to take up the business of a credit institution and decisions imposing sanctions on third parties should be signed by the Secretary of the Governing Council in order to certify the conformity with the Governing Council's decision.

| (4) | Given the significantly increased volume of supervisory decisions, the amendment should be adopted as a matter of urgency and enter into force on the day of its publication in the Official Journal of the European Union. |
| --- | --- |

(4)

Given the significantly increased volume of supervisory decisions, the amendment should be adopted as a matter of urgency and enter into force on the day of its publication in the Official Journal of the European Union.

| (5) | Therefore, Decision ECB/2004/2 (1) should be amended accordingly, |
| --- | --- |

(5)

Therefore, Decision ECB/2004/2 (1) should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Amendment to the Rules of Procedure of the European Central Bank

Decision ECB/2004/2 is amended as follows:

| (1) | Paragraph 17.2. is replaced by the following:






  ‘17.2. | ECB Guidelines shall be adopted by the Governing Council, and thereafter notified, in one of the official languages of the Union, and signed on the Governing Council's behalf by the President. They shall state the reasons on which they are based. Notification of the national central banks may take place electronically, by means of telefax or in paper form. Any ECB Guideline that is to be officially published shall be translated into the official languages of the Union.’; |
| --- | --- | --- |

(1)

Paragraph 17.2. is replaced by the following:

‘17.2.

ECB Guidelines shall be adopted by the Governing Council, and thereafter notified, in one of the official languages of the Union, and signed on the Governing Council's behalf by the President. They shall state the reasons on which they are based. Notification of the national central banks may take place electronically, by means of telefax or in paper form. Any ECB Guideline that is to be officially published shall be translated into the official languages of the Union.’;

| (2) | Paragraph 17.4. is replaced by the following:






  ‘17.4. | ECB Decisions and Recommendations shall be adopted by the Governing Council or the Executive Board in their respective domains of competence, and shall be signed by the President. ECB Decisions imposing sanctions on third parties shall be signed by the Secretary of the Governing Council in order to certify them. ECB Decisions and Recommendations shall state the reasons on which they are based. Recommendations for secondary Union legislation under Article 41 of the Statute shall be adopted by the Governing Council.’. |
| --- | --- | --- |

(2)

Paragraph 17.4. is replaced by the following:

‘17.4.

ECB Decisions and Recommendations shall be adopted by the Governing Council or the Executive Board in their respective domains of competence, and shall be signed by the President. ECB Decisions imposing sanctions on third parties shall be signed by the Secretary of the Governing Council in order to certify them. ECB Decisions and Recommendations shall state the reasons on which they are based. Recommendations for secondary Union legislation under Article 41 of the Statute shall be adopted by the Governing Council.’.

| (3) | Paragraph 17.6. is replaced by the following:






  ‘17.6. | ECB Instructions shall be adopted by the Executive Board, and thereafter notified, in one of the official languages of the Union, and signed on the Executive Board's behalf by the President or any two Executive Board members. Notification of the national central banks may take place electronically, by means of telefax or in paper form. Any ECB Instruction that is to be officially published shall be translated into the official languages of the Union.’; |
| --- | --- | --- |

(3)

Paragraph 17.6. is replaced by the following:

‘17.6.

ECB Instructions shall be adopted by the Executive Board, and thereafter notified, in one of the official languages of the Union, and signed on the Executive Board's behalf by the President or any two Executive Board members. Notification of the national central banks may take place electronically, by means of telefax or in paper form. Any ECB Instruction that is to be officially published shall be translated into the official languages of the Union.’;

| (4) | Paragraph 17a.2. is replaced by the following:






  ‘17a.2. | ECB guidelines related to supervisory tasks pursuant to Article 4(3) and Article 6(5)(a) of Regulation (EU) No 1024/2013 shall be adopted by the Governing Council, and thereafter notified and signed on behalf of the Governing Council by the President. Notification of the national competent authorities may take place electronically, by means of telefax or in paper form.’; |
| --- | --- | --- |

(4)

Paragraph 17a.2. is replaced by the following:

‘17a.2.

ECB guidelines related to supervisory tasks pursuant to Article 4(3) and Article 6(5)(a) of Regulation (EU) No 1024/2013 shall be adopted by the Governing Council, and thereafter notified and signed on behalf of the Governing Council by the President. Notification of the national competent authorities may take place electronically, by means of telefax or in paper form.’;

| (5) | Paragraph 17a.3. is replaced by the following:






  ‘17a.3. | ECB instructions related to supervisory tasks pursuant to Article 6(3), Article 6(5)(a) and Articles 7(1), 7(4), 9(1) and 30(5) of Regulation (EU) No 1024/2013 shall be adopted by the Governing Council, and thereafter notified and signed on behalf of the Governing Council by the President. They shall state the reasons on which they are based. Notification of the national authorities competent for the supervision of credit institutions may take place electronically, by means of telefax or in paper form.’; |
| --- | --- | --- |

(5)

Paragraph 17a.3. is replaced by the following:

‘17a.3.

ECB instructions related to supervisory tasks pursuant to Article 6(3), Article 6(5)(a) and Articles 7(1), 7(4), 9(1) and 30(5) of Regulation (EU) No 1024/2013 shall be adopted by the Governing Council, and thereafter notified and signed on behalf of the Governing Council by the President. They shall state the reasons on which they are based. Notification of the national authorities competent for the supervision of credit institutions may take place electronically, by means of telefax or in paper form.’;

| (6) | Paragraph 17a.4. is replaced by the following:






  ‘17a.4. | ECB decisions with regard to supervised entities and entities which have applied for authorisation to take up the business of a credit institution shall be adopted by the Governing Council and signed by the Secretary of the Governing Council in order to certify them. They shall be thereafter notified to the persons to whom they are addressed.’. |
| --- | --- | --- |

(6)

Paragraph 17a.4. is replaced by the following:

‘17a.4.

ECB decisions with regard to supervised entities and entities which have applied for authorisation to take up the business of a credit institution shall be adopted by the Governing Council and signed by the Secretary of the Governing Council in order to certify them. They shall be thereafter notified to the persons to whom they are addressed.’.

Article 2

Entry into force

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

Official Journal of the European Union

Done at Frankfurt am Main, 21 September 2016.

The President of the ECB

Mario DRAGHI

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(1)  Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (OJ L 80, 18.3.2004, p. 33).

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