# Official Journal L 128/2016

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 128 |
| | |
| English edition | Legislation | Volume 5919 May 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 128

English edition

Legislation

Volume 5919 May 2016

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Implementing Regulation (EU) 2016/773 of 18 May 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | DIRECTIVES |
| | * | Commission Directive (EU) 2016/774 of 18 May 2016 amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (
  1
  ) | 4 |
| | | DECISIONS |
| | * | Commission Implementing Decision (EU) 2016/775 of 18 May 2016 on the benchmark to allocate greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3f(5) of Directive 2003/87/EC of the European Parliament and of the Council (
  1
  ) | 10 |

Contents

II   Non-legislative acts

page

REGULATIONS

Commission Implementing Regulation (EU) 2016/773 of 18 May 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

DIRECTIVES

*

Commission Directive (EU) 2016/774 of 18 May 2016 amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (
  1
  )

1

4

DECISIONS

*

Commission Implementing Decision (EU) 2016/775 of 18 May 2016 on the benchmark to allocate greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3f(5) of Directive 2003/87/EC of the European Parliament and of the Council (
  1
  )

1

10

| | |
| --- | --- |
| | (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.

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II Non-legislative acts

REGULATIONS

| 19.5.2016 | EN | Official Journal of the European Union | L 128/1 |
| --- | --- | --- | --- |

19.5.2016

EN

Official Journal of the European Union

L 128/1

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/773

of 18 May 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, 18 May 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 | 93,1 |
| TR | 71,5 |
| ZZ | 82,3 |
| 0707 00 05 | TR | 116,3 |
| ZZ | 116,3 |
| 0709 93 10 | TR | 138,7 |
| ZZ | 138,7 |
| 0805 10 20 | EG | 49,8 |
| IL | 62,4 |
| MA | 51,4 |
| TR | 41,8 |
| ZA | 81,4 |
| ZZ | 57,4 |
| 0805 50 10 | AR | 162,2 |
| ZA | 178,1 |
| ZZ | 170,2 |
| 0808 10 80 | AR | 111,7 |
| BR | 100,3 |
| CL | 108,4 |
| CN | 102,2 |
| NZ | 153,5 |
| US | 178,8 |
| ZA | 105,3 |
| ZZ | 122,9 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

93,1

TR

71,5

ZZ

82,3

0707 00 05

TR

116,3

ZZ

116,3

0709 93 10

TR

138,7

ZZ

138,7

0805 10 20

EG

49,8

IL

62,4

MA

51,4

TR

41,8

ZA

81,4

ZZ

57,4

0805 50 10

AR

162,2

ZA

178,1

ZZ

170,2

0808 10 80

AR

111,7

BR

100,3

CL

108,4

CN

102,2

NZ

153,5

US

178,8

ZA

105,3

ZZ

122,9

---

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

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DIRECTIVES

| 19.5.2016 | EN | Official Journal of the European Union | L 128/4 |
| --- | --- | --- | --- |

19.5.2016

EN

Official Journal of the European Union

L 128/4

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COMMISSION DIRECTIVE (EU) 2016/774

of 18 May 2016

amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles (1), and in particular Article 4(2)(b),

Whereas:

| (1) | Article 4(2)(a) of Directive 2000/53/EC prohibits the use of lead, mercury, cadmium or hexavalent chromium in materials and components of vehicles put on the market after 1 July 2003. |
| --- | --- |

(1)

Article 4(2)(a) of Directive 2000/53/EC prohibits the use of lead, mercury, cadmium or hexavalent chromium in materials and components of vehicles put on the market after 1 July 2003.

| (2) | Annex II to Directive 2000/53/EC lists vehicle materials and components exempted from the prohibition set out in Article 4(2)(a) thereof. Exemptions 8(e), 8(f), 8(g), 8(h), 8(j) and 10 (d) of Annex II shall be reviewed in 2014. |
| --- | --- |

(2)

Annex II to Directive 2000/53/EC lists vehicle materials and components exempted from the prohibition set out in Article 4(2)(a) thereof. Exemptions 8(e), 8(f), 8(g), 8(h), 8(j) and 10 (d) of Annex II shall be reviewed in 2014.

| (3) | An assessment of technical and scientific progress has demonstrated that the use of lead in the applications covered by exemptions 8(h), 8(j) and 10(d) should not be prolonged because the use of lead in these applications has become avoidable. |
| --- | --- |

(3)

An assessment of technical and scientific progress has demonstrated that the use of lead in the applications covered by exemptions 8(h), 8(j) and 10(d) should not be prolonged because the use of lead in these applications has become avoidable.

| (4) | The assessment of technical and scientific progress has also demonstrated that the use of lead in the applications covered by exemptions 8(e), 8(f) and 8(g) remains unavoidable as substitutes have not become available yet. However, since information exists on possible future lead substitutes in these applications, it is appropriate to introduce a review date allowing to establish if the use of lead in these applications can be discontinued. |
| --- | --- |

(4)

The assessment of technical and scientific progress has also demonstrated that the use of lead in the applications covered by exemptions 8(e), 8(f) and 8(g) remains unavoidable as substitutes have not become available yet. However, since information exists on possible future lead substitutes in these applications, it is appropriate to introduce a review date allowing to establish if the use of lead in these applications can be discontinued.

| (5) | The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (2). |
| --- | --- |

(5)

The measures provided for in this Directive are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council (2).

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex II to Directive 2000/53/EC is replaced by the text set out in the Annex to this Directive.

Article 2

1.   Member States shall adopt and publish, within six months of its publication in the Official Journal of the European Union 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.

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

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

Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 18 May 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 269, 21.10.2000, p. 34

1

(2)  
  OJ L 312, 22.11.2008, p. 3.

2

---

ANNEX

‘ANNEX II

Materials and components exempt from Article 4(2)(a)

| Materials and components | Scope and expiry date of the exemption | To be labelled or made identifiable in accordance with Article 4(2)(b)(iv) |
| --- | --- | --- |
| Lead as an alloying element |
| 1(a). | Steel for machining purposes and batch hot dip galvanised steel components containing up to 0,35 % lead by weight |

Materials and components

Scope and expiry date of the exemption

To be labelled or made identifiable in accordance with Article 4(2)(b)(iv)

Lead as an alloying element

1(a).

Steel for machining purposes and batch hot dip galvanised steel components containing up to 0,35 % lead by weight

| 1(b). | Continuously galvanised steel sheet containing up to 0,35 % lead by weight |
| --- | --- |

1(b).

Continuously galvanised steel sheet containing up to 0,35 % lead by weight

Vehicles type-approved before 1 January 2016 and spare parts for these vehicles

| 2(a). | Aluminium for machining purposes with a lead content up to 2 % by weight |
| --- | --- |

2(a).

Aluminium for machining purposes with a lead content up to 2 % by weight

As spare parts for vehicles put on the market before 1 July 2005

| 2(b). | Aluminium with a lead content up to 1,5 % by weight |
| --- | --- |

2(b).

Aluminium with a lead content up to 1,5 % by weight

As spare parts for vehicles put on the market before 1 July 2008

| 2(c). | Aluminium with a lead content up to 0,4 % by weight |
| --- | --- |

2(c).

Aluminium with a lead content up to 0,4 % by weight

(1)

| 3. | Copper alloy containing up to 4 % lead by weight |
| --- | --- |

3.

Copper alloy containing up to 4 % lead by weight

(1)

| 4(a). | Bearing shells and bushes |
| --- | --- |

4(a).

Bearing shells and bushes

As spare parts for vehicles put on the market before 1 July 2008

| 4(b). | Bearing shells and bushes in engines, transmissions and air conditioning compressors |
| --- | --- |

4(b).

Bearing shells and bushes in engines, transmissions and air conditioning compressors

As spare parts for vehicles put on the market before 1 July 2011

Lead and lead compounds in components

| 5. | Batteries |
| --- | --- |

5.

Batteries

(1)

X

| 6. | Vibration dampers |
| --- | --- |

6.

Vibration dampers

Vehicles type-approved before 1 January 2016 and spare parts for these vehicles

X

| 7(a). | Vulcanising agents and stabilisers for elastomers in brake hoses, fuel hoses, air ventilation hoses, elastomer/metal parts in the chassis applications, and engine mountings |
| --- | --- |

7(a).

Vulcanising agents and stabilisers for elastomers in brake hoses, fuel hoses, air ventilation hoses, elastomer/metal parts in the chassis applications, and engine mountings

As spare parts for vehicles put on the market before 1 July 2005

| 7(b). | Vulcanising agents and stabilisers for elastomers in brake hoses, fuel hoses, air ventilation hoses, elastomer/metal parts in the chassis applications, and engine mountings containing up to 0,5 % lead by weight |
| --- | --- |

7(b).

Vulcanising agents and stabilisers for elastomers in brake hoses, fuel hoses, air ventilation hoses, elastomer/metal parts in the chassis applications, and engine mountings containing up to 0,5 % lead by weight

As spare parts for vehicles put on the market before 1 July 2006

| 7(c). | Bonding agents for elastomers in powertrain applications containing up to 0,5 % lead by weight |
| --- | --- |

7(c).

Bonding agents for elastomers in powertrain applications containing up to 0,5 % lead by weight

As spare parts for vehicles put on the market before 1 July 2009

| 8(a). | Lead in solders to attach electrical and electronic components to electronic circuit boards and lead in finishes on terminations of components other than electrolyte aluminium capacitors, on component pins and on electronic circuit boards |
| --- | --- |

8(a).

Lead in solders to attach electrical and electronic components to electronic circuit boards and lead in finishes on terminations of components other than electrolyte aluminium capacitors, on component pins and on electronic circuit boards

Vehicles type-approved before 1 January 2016 and spare parts for these vehicles

X (3)

| 8(b). | Lead in solders in electrical applications other than soldering on electronic circuit boards or on glass |
| --- | --- |

8(b).

Lead in solders in electrical applications other than soldering on electronic circuit boards or on glass

Vehicles type-approved before 1 January 2011 and spare parts for these vehicles

X (3)

| 8(c). | Lead in finishes on terminals of electrolyte aluminium capacitors |
| --- | --- |

8(c).

Lead in finishes on terminals of electrolyte aluminium capacitors

Vehicles type-approved before 1 January 2013 and spare parts for these vehicles

X (3)

| 8(d). | Lead used in soldering on glass in mass airflow sensors |
| --- | --- |

8(d).

Lead used in soldering on glass in mass airflow sensors

Vehicles type-approved before 1 January 2015 and spare parts of such vehicles

X (3)

| 8(e). | Lead in high melting temperature type solders (i.e. lead-based alloys containing 85 % by weight or more lead) |
| --- | --- |

8(e).

Lead in high melting temperature type solders (i.e. lead-based alloys containing 85 % by weight or more lead)

(2)

X (3)

| 8(f)(a). | Lead in compliant pin connector systems |
| --- | --- |

8(f)(a).

Lead in compliant pin connector systems

Vehicles type-approved before 1 January 2017 and spare parts for these vehicles

X (3)

| 8(f)(b). | Lead in compliant pin connector systems other than the mating area of vehicle harness connectors |
| --- | --- |

8(f)(b).

Lead in compliant pin connector systems other than the mating area of vehicle harness connectors

(2)

X (3)

| 8(g). | Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages |
| --- | --- |

8(g).

Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages

(2)

X (3)

| 8(h). | Lead in solder to attach heat spreaders to the heat sink in power semiconductor assemblies with a chip size of at least 1 cm2 of projection area and a nominal current density of at least 1 A/mm2 of silicon chip area |
| --- | --- |

8(h).

Lead in solder to attach heat spreaders to the heat sink in power semiconductor assemblies with a chip size of at least 1 cm2 of projection area and a nominal current density of at least 1 A/mm2 of silicon chip area

Vehicles type-approved before 1 January 2016 and spare parts for these vehicles

X (3)

| 8(i). | Lead in solders in electrical glazing applications on glass except for soldering in laminated glazing |
| --- | --- |

8(i).

Lead in solders in electrical glazing applications on glass except for soldering in laminated glazing

Vehicles type-approved before 1 January 2016 and spare parts for these vehicles

X (3)

| 8(j). | Lead in solders for soldering of laminated glazing |
| --- | --- |

8(j).

Lead in solders for soldering of laminated glazing

Vehicles type-approved before 1 January 2020 and spare parts for these vehicles

X (3)

| 9. | Valve seats |
| --- | --- |

9.

Valve seats

As spare parts for engine types developed before 1 July 2003

| 10(a). | Electrical and electronic components which contain lead in a glass or ceramic, in a glass or ceramic matrix compound, in a glass-ceramic material, or in a glass-ceramic matrix compound.
  This exemption does not cover the use of lead in:






  — | glass in bulbs and glaze of spark plugs, |
| --- | --- | --- |

10(a).

Electrical and electronic components which contain lead in a glass or ceramic, in a glass or ceramic matrix compound, in a glass-ceramic material, or in a glass-ceramic matrix compound.

This exemption does not cover the use of lead in:

—

glass in bulbs and glaze of spark plugs,

| — | dielectric ceramic materials of components listed under 10(b), 10(c) and 10(d). |
| --- | --- |

—

dielectric ceramic materials of components listed under 10(b), 10(c) and 10(d).

X (4) (for components other than piezo in engines)

| 10(b). | Lead in PZT-based dielectric ceramic materials of capacitors being part of integrated circuits or discrete semiconductors |
| --- | --- |

10(b).

Lead in PZT-based dielectric ceramic materials of capacitors being part of integrated circuits or discrete semiconductors

| 10(c). | Lead in dielectric ceramic materials of capacitors with a rated voltage of less than 125 V AC or 250 V DC |
| --- | --- |

10(c).

Lead in dielectric ceramic materials of capacitors with a rated voltage of less than 125 V AC or 250 V DC

Vehicles type-approved before 1 January 2016 and spare parts for these vehicles

| 10(d). | Lead in the dielectric ceramic materials of capacitors compensating the temperature-related deviations of sensors in ultrasonic sonar systems |
| --- | --- |

10(d).

Lead in the dielectric ceramic materials of capacitors compensating the temperature-related deviations of sensors in ultrasonic sonar systems

Vehicles type-approved before 1 January 2017 and spare parts for these vehicles

| 11. | Pyrotechnic initiators |
| --- | --- |

11.

Pyrotechnic initiators

Vehicles type-approved before 1 July 2006 and spare parts for these vehicles

| 12. | Lead-containing thermoelectric materials in automotive electrical applications to reduce CO2 emissions by recuperation of exhaust heat |
| --- | --- |

12.

Lead-containing thermoelectric materials in automotive electrical applications to reduce CO2 emissions by recuperation of exhaust heat

Vehicles type-approved before 1 January 2019 and spare parts for these vehicles

X

Hexavalent chromium

| 13(a). | Corrosion preventive coatings |
| --- | --- |

13(a).

Corrosion preventive coatings

As spare parts for vehicles put on the market before 1 July 2007

| 13(b). | Corrosion preventive coatings related to bolt and nut assemblies for chassis applications |
| --- | --- |

13(b).

Corrosion preventive coatings related to bolt and nut assemblies for chassis applications

As spare parts for vehicles put on the market before 1 July 2008

| 14. | As an anti-corrosion agent of the carbon steel cooling system in absorption refrigerators in motor caravans up to 0,75 weight -% in the cooling solution except where the use of other cooling technologies is practicable (i.e. available on the market for the application in motor caravans) and does not lead to negative environmental, health and/or consumer safety impacts |
| --- | --- |

14.

As an anti-corrosion agent of the carbon steel cooling system in absorption refrigerators in motor caravans up to 0,75 weight -% in the cooling solution except where the use of other cooling technologies is practicable (i.e. available on the market for the application in motor caravans) and does not lead to negative environmental, health and/or consumer safety impacts

X

Mercury

| 15(a). | Discharge lamps for headlight application |
| --- | --- |

15(a).

Discharge lamps for headlight application

Vehicles type-approved before 1 July 2012 and spare parts for these vehicles

X

| 15(b). | Fluorescent tubes used in instrument panel displays |
| --- | --- |

15(b).

Fluorescent tubes used in instrument panel displays

Vehicles type-approved before 1 July 2012 and spare parts for these vehicles

X

Cadmium

| 16. | Batteries for electrical vehicles |
| --- | --- |

16.

Batteries for electrical vehicles

As spare parts for vehicles put on the market before 31 December 2008

Notes:

A maximum concentration value up to 0,1 % by weight and in homogeneous material, for lead, hexavalent chromium and mercury and up to 0,01 % by weight in homogeneous material for cadmium shall be tolerated.

The reuse of parts of vehicles which were already on the market at the date of expiry of an exemption shall be allowed without limitation since it is not covered by Article 4(2)(a).

Spare parts put on the market after 1 July 2003 which are used for vehicles put on the market before 1 July 2003 shall be exempted from the provisions of Article 4(2)(a) (*1).

---

(1)  This exemption shall be reviewed in 2015.

1

(2)  This exemption shall be reviewed in 2019.

2

(3)  Dismantling if, in correlation with entry 10(a), an average threshold of 60 grams per vehicle is exceeded. For the application of this clause electronic devices not installed by the manufacturer on the production line shall not be taken into account.

3

(4)  Dismantling if, in correlation with entries 8(a) to 8(j), an average threshold of 60 grams per vehicle is exceeded. For the application of this clause electronic devices not installed by the manufacturer on the production line shall not be taken into account.

4

(*1)  This clause shall not apply to wheel balance weights, carbon brushes for electric motors and brake linings.’

*1

---

DECISIONS

| 19.5.2016 | EN | Official Journal of the European Union | L 128/10 |
| --- | --- | --- | --- |

19.5.2016

EN

Official Journal of the European Union

L 128/10

---

COMMISSION IMPLEMENTING DECISION (EU) 2016/775

of 18 May 2016

on the benchmark to allocate greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3f(5) of Directive 2003/87/EC of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (1), and in particular Article 3f(5) thereof,

Whereas:

| (1) | Article 3f of Directive 2003/87/EC establishes a special reserve for the allowances to be set aside for certain aircraft operators. |
| --- | --- |

(1)

Article 3f of Directive 2003/87/EC establishes a special reserve for the allowances to be set aside for certain aircraft operators.

| (2) | An additional special reserve has been established pursuant to Article 5 of Commission Implementing Decision 2014/389/EU (2) taking into account the accession of Croatia to the Union. |
| --- | --- |

(2)

An additional special reserve has been established pursuant to Article 5 of Commission Implementing Decision 2014/389/EU (2) taking into account the accession of Croatia to the Union.

| (3) | The benchmark to be used to allocate allowances free of charge to aircraft operators whose applications were submitted to the Commission in accordance with Article 3f(4) of Directive 2003/87/EC by 30 June 2016 should be set out, both for the special reserve established by Article 3f of Directive 2003/87/EC and for the special reserve created pursuant Article 5 of the Implementing Decision 2014/389/EU. |
| --- | --- |

(3)

The benchmark to be used to allocate allowances free of charge to aircraft operators whose applications were submitted to the Commission in accordance with Article 3f(4) of Directive 2003/87/EC by 30 June 2016 should be set out, both for the special reserve established by Article 3f of Directive 2003/87/EC and for the special reserve created pursuant Article 5 of the Implementing Decision 2014/389/EU.

| (4) | In both cases, the benchmark calculation based on the submitted applications resulted in an annual allocation per tonne-kilometre greater than the annual allocation per tonne-kilometre to aircraft operators under Article 3e(4) of Directive 2003/87/EC. The benchmark under Article 3e(3)(e) of Directive 2003/87/EC as set out by Commission Decision 2011/638/EU (3), also applies to the additional special reserve established pursuant to Article 5 of Implementing Decision 2014/389/EU taking into account the accession of Croatia to the Union by virtue of point (ix) of Section 10(I)(1)(a) of Annex V to the Act of Accession of Croatia. |
| --- | --- |

(4)

In both cases, the benchmark calculation based on the submitted applications resulted in an annual allocation per tonne-kilometre greater than the annual allocation per tonne-kilometre to aircraft operators under Article 3e(4) of Directive 2003/87/EC. The benchmark under Article 3e(3)(e) of Directive 2003/87/EC as set out by Commission Decision 2011/638/EU (3), also applies to the additional special reserve established pursuant to Article 5 of Implementing Decision 2014/389/EU taking into account the accession of Croatia to the Union by virtue of point (ix) of Section 10(I)(1)(a) of Annex V to the Act of Accession of Croatia.

| (5) | In accordance with Article 3f(6) of Directive 2003/87/EC, the benchmark for allocating greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3f(5) of Directive 2003/87/EC is to remain the one that is used for free allocation under Article 3e(4) and established by Decision 2011/638/EU, |
| --- | --- |

(5)

In accordance with Article 3f(6) of Directive 2003/87/EC, the benchmark for allocating greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3f(5) of Directive 2003/87/EC is to remain the one that is used for free allocation under Article 3e(4) and established by Decision 2011/638/EU,

HAS ADOPTED THIS DECISION:

Article 1

1.   The benchmark to be used to allocate allowances free of charge to aircraft operators pursuant to Article 3f of Directive 2003/87/EC for the period from 1 January 2013 to 31 December 2020 shall be 0,000642186914222035 allowances per tonne-kilometre per year.

2.   The benchmark to be used to allocate allowances free of charge to aircraft operators pursuant to Article 3f of Directive 2003/87/EC for the purpose of Article 5 of the Implementing Decision 2014/389/EU for the period from 1 January 2014 to 31 December 2020 shall be 0,000642186914222035 allowances per tonne-kilometre per year.

Article 2

Calculations relating to a number of allowances to be allocated in accordance with the benchmarks set out in Article 1 shall be rounded down to the nearest allowance.

Article 3

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

Done at Brussels, 18 May 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 275, 25.10.2003, p. 32.

1

(2)  Commission Implementing Decision 2014/389/EU of 23 June 2014 on additional historical aviation emissions and additional aviation allowances to take into consideration the accession of Croatia to the European Union (OJ L 183, 24.6.2014, p. 135).

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(3)  Commission Decision 2011/638/EU of 26 September 2011 on benchmarks to allocate greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3e of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 252, 28.9.2011, p. 20).

3

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