# Official Journal L 79/2016

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 79 |
| | |
| English edition | Legislation | Volume 5930 March 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 79

English edition

Legislation

Volume 5930 March 2016

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Information concerning the entry into force of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union | 1 |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2016/451 of 16 December 2015 laying down general principles and criteria for the investment strategy and rules for the administration of the Single Resolution Fund | 2 |
| | * | Commission Regulation (EU) 2016/452 of 29 March 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for captan, propiconazole and spiroxamine in or on certain products (
  1
  ) | 10 |
| | | Commission Implementing Regulation (EU) 2016/453 of 29 March 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables | 28 |
| | | DECISIONS |
| | * | Council Decision (EU, Euratom) 2016/454 of 22 March 2016 appointing three Judges to the European Union Civil Service Tribunal | 30 |
| | * | Council Decision (EU) 2016/455 of 22 March 2016 authorising the opening of negotiations on behalf of the European Union on the elements of a draft text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction | 32 |
| | * | Decision (EU) 2016/456 of the European Central Bank of 4 March 2016 concerning the terms and conditions for European Anti-Fraud Office investigations of the European Central Bank, in relation to the prevention of fraud, corruption and any other illegal activities affecting the financial interests of the Union (ECB/2016/3) | 34 |
| | * | Decision (EU) 2016/457 of the European Central Bank of 16 March 2016 on the eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus (ECB/2016/5) | 41 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Information concerning the entry into force of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union

1

REGULATIONS

*

Commission Delegated Regulation (EU) 2016/451 of 16 December 2015 laying down general principles and criteria for the investment strategy and rules for the administration of the Single Resolution Fund

2

*

Commission Regulation (EU) 2016/452 of 29 March 2016 amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for captan, propiconazole and spiroxamine in or on certain products (
  1
  )

1

10

Commission Implementing Regulation (EU) 2016/453 of 29 March 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

28

DECISIONS

*

Council Decision (EU, Euratom) 2016/454 of 22 March 2016 appointing three Judges to the European Union Civil Service Tribunal

30

*

Council Decision (EU) 2016/455 of 22 March 2016 authorising the opening of negotiations on behalf of the European Union on the elements of a draft text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction

32

*

Decision (EU) 2016/456 of the European Central Bank of 4 March 2016 concerning the terms and conditions for European Anti-Fraud Office investigations of the European Central Bank, in relation to the prevention of fraud, corruption and any other illegal activities affecting the financial interests of the Union (ECB/2016/3)

34

*

Decision (EU) 2016/457 of the European Central Bank of 16 March 2016 on the eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus (ECB/2016/5)

41

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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. |
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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

INTERNATIONAL AGREEMENTS

| 30.3.2016 | EN | Official Journal of the European Union | L 79/1 |
| --- | --- | --- | --- |

30.3.2016

EN

Official Journal of the European Union

L 79/1

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Information concerning the entry into force of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union

The Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union (1), notified on 29 July 2015 and 24 February 2016 respectively, has, in accordance with Article 7(1) thereof, entered into force on 1 March 2016.

1

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(1)  
  OJ L 117, 8.5.2015, p. 3.

1

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REGULATIONS

| 30.3.2016 | EN | Official Journal of the European Union | L 79/2 |
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30.3.2016

EN

Official Journal of the European Union

L 79/2

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COMMISSION DELEGATED REGULATION (EU) 2016/451

of 16 December 2015

laying down general principles and criteria for the investment strategy and rules for the administration of the Single Resolution Fund

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (1), and in particular Article 75(4) thereof,

Whereas:

| (1) | Regulation (EU) No 806/2014 establishes the Single Resolution Fund (‘the Fund’) owned by the Single Resolution Board (‘the Board’). |
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(1)

Regulation (EU) No 806/2014 establishes the Single Resolution Fund (‘the Fund’) owned by the Single Resolution Board (‘the Board’).

| (2) | The general principles and criteria for the investment strategy of the Fund should define the essential and foundational elements of the investment strategy that is to be adopted by the Board. The investment objectives should constitute one of those elements. In line with the requirement that the Board have a safe and prudent investment strategy, the overarching goal should be to protect the value of the Fund and satisfy its liquidity requirements. However, due to the intrinsic nature of investments, changing market conditions and interest rate environment, even the safest and most liquid assets may entail negative returns. In this respect, a loss incurred on the portfolio should not imply a violation of the investment objectives. |
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(2)

The general principles and criteria for the investment strategy of the Fund should define the essential and foundational elements of the investment strategy that is to be adopted by the Board. The investment objectives should constitute one of those elements. In line with the requirement that the Board have a safe and prudent investment strategy, the overarching goal should be to protect the value of the Fund and satisfy its liquidity requirements. However, due to the intrinsic nature of investments, changing market conditions and interest rate environment, even the safest and most liquid assets may entail negative returns. In this respect, a loss incurred on the portfolio should not imply a violation of the investment objectives.

| (3) | Regulation (EU) No 806/2014 requires amounts held in the Fund to be invested in obligations of the Member States or intergovernmental organisations, or in highly liquid assets of high creditworthiness, taking into account Commission Delegated Regulation (EU) 2015/61 (2) which defines assets of high liquidity and high credit quality and lays down requirements on their composition. Therefore, assets eligible for the investments of the Fund and criteria for the composition of the portfolio should be defined with reference to Delegated Regulation (EU) 2015/61. The eligibility of an asset for investment should not lead the Board to an automatic investment decision. Rather, the Board should always conduct an assessment of eligible assets. The interaction with the entire investment portfolio should be considered when determining the prudence of an individual investment. For instance, a volatile asset with a negative correlation to the portfolio could be judged in isolation as too risky but have a positive diversification effect for the overall portfolio. For that assessment, the Board should choose between the different levels (issuer, asset class, security) and sources of information that allow it to evaluate the liquidity, creditworthiness and compatibility with the investment objectives. |
| --- | --- |

(3)

Regulation (EU) No 806/2014 requires amounts held in the Fund to be invested in obligations of the Member States or intergovernmental organisations, or in highly liquid assets of high creditworthiness, taking into account Commission Delegated Regulation (EU) 2015/61 (2) which defines assets of high liquidity and high credit quality and lays down requirements on their composition. Therefore, assets eligible for the investments of the Fund and criteria for the composition of the portfolio should be defined with reference to Delegated Regulation (EU) 2015/61. The eligibility of an asset for investment should not lead the Board to an automatic investment decision. Rather, the Board should always conduct an assessment of eligible assets. The interaction with the entire investment portfolio should be considered when determining the prudence of an individual investment. For instance, a volatile asset with a negative correlation to the portfolio could be judged in isolation as too risky but have a positive diversification effect for the overall portfolio. For that assessment, the Board should choose between the different levels (issuer, asset class, security) and sources of information that allow it to evaluate the liquidity, creditworthiness and compatibility with the investment objectives.

| (4) | Criteria should be provided to further specify sectorial diversification. In order to be applicable, sectorial diversification requires a definition of ‘sector’. For practical reasons, high levels of sectorial classification should be used. Council Regulation (EC) No 2223/96 (3) defines institutional sectors which can be used to diversify the investments of the Fund by type of economic entity. In addition, Regulation (EC) No 1893/2006 of the European Parliament and of the Council (4) defines a statistical classification of economic activities whose highest level (section) is appropriate to provide criteria for diversification to the Board. Finally, given the mission of the Fund, not only direct but also indirect exposures to the financial sector should be limited. |
| --- | --- |

(4)

Criteria should be provided to further specify sectorial diversification. In order to be applicable, sectorial diversification requires a definition of ‘sector’. For practical reasons, high levels of sectorial classification should be used. Council Regulation (EC) No 2223/96 (3) defines institutional sectors which can be used to diversify the investments of the Fund by type of economic entity. In addition, Regulation (EC) No 1893/2006 of the European Parliament and of the Council (4) defines a statistical classification of economic activities whose highest level (section) is appropriate to provide criteria for diversification to the Board. Finally, given the mission of the Fund, not only direct but also indirect exposures to the financial sector should be limited.

| (5) | Criteria should be provided to further specify geographical diversification. In order to ensure sufficient geographical diversification, the Board should make use of readily available criteria, namely the principles referred to in Article 77 of Regulation (EU) No 806/2014, which imply the calculation of the shares of contributions of institutions established in each participating Member State. Given that those shares are based on the size of the contributing credit institutions and investment firms, and adjusted to their risk profile, they will be positively correlated with the size and depth of the corresponding financial markets. Since other considerations may warrant additional investments in a given participating Member State, a buffer should be introduced to allow further margin of appreciation by the Board, while ensuring minimum diversification across a sufficient number of participating Member States. In addition, since those shares may not be calculated for investments in non-participating Member States or third countries, they should be subject to limits to be set by the Board proportionally to those for participating Member States, on the basis of the similarities between countries. |
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(5)

Criteria should be provided to further specify geographical diversification. In order to ensure sufficient geographical diversification, the Board should make use of readily available criteria, namely the principles referred to in Article 77 of Regulation (EU) No 806/2014, which imply the calculation of the shares of contributions of institutions established in each participating Member State. Given that those shares are based on the size of the contributing credit institutions and investment firms, and adjusted to their risk profile, they will be positively correlated with the size and depth of the corresponding financial markets. Since other considerations may warrant additional investments in a given participating Member State, a buffer should be introduced to allow further margin of appreciation by the Board, while ensuring minimum diversification across a sufficient number of participating Member States. In addition, since those shares may not be calculated for investments in non-participating Member States or third countries, they should be subject to limits to be set by the Board proportionally to those for participating Member States, on the basis of the similarities between countries.

| (6) | Criteria should be provided to further specify proportional diversification. It is prudent for the Board to limit the exposure to any particular issue or issuer and to make use of different maturities in order to meet its investment objectives. As regards individual issues, commercial paper is issued with an International Securities Identification Number (ISIN) corresponding to the specific investment of the investor (in terms of maturity, amount and other characteristics), so that the investor owns 100 % of the security even if it does not own 100 % of the entire commercial paper programme. This should be taken into account when defining limits to the exposure to a particular issue. In addition, since irrevocable payment commitments may represent a significant share of the total amount of contributions to the Fund, the Board should also consider the collateral pledged to back irrevocable payment commitments when monitoring its overall concentration risk. |
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(6)

Criteria should be provided to further specify proportional diversification. It is prudent for the Board to limit the exposure to any particular issue or issuer and to make use of different maturities in order to meet its investment objectives. As regards individual issues, commercial paper is issued with an International Securities Identification Number (ISIN) corresponding to the specific investment of the investor (in terms of maturity, amount and other characteristics), so that the investor owns 100 % of the security even if it does not own 100 % of the entire commercial paper programme. This should be taken into account when defining limits to the exposure to a particular issue. In addition, since irrevocable payment commitments may represent a significant share of the total amount of contributions to the Fund, the Board should also consider the collateral pledged to back irrevocable payment commitments when monitoring its overall concentration risk.

| (7) | Given the need to set up a prudent and safe investment strategy, the Board should limit its use of derivatives. In order to minimise counterparty credit risk, the Board should only use derivatives cleared by a central counterparty as authorised or recognised according to Regulation (EU) No 648/2012 of the European Parliament and of the Council (5). Transacting with certain central banks could also be consistent with the objective of minimising counterparty risk, provided that other risks, such as credit risk, are appropriately controlled. Given that derivatives are usually issued by credit institutions, and other entities referred to in Article 7(4) of Delegated Regulation (EU) 2015/61, the general prohibition to invest in assets issued by these entities laid down by that provision should not apply to the use of derivatives. |
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(7)

Given the need to set up a prudent and safe investment strategy, the Board should limit its use of derivatives. In order to minimise counterparty credit risk, the Board should only use derivatives cleared by a central counterparty as authorised or recognised according to Regulation (EU) No 648/2012 of the European Parliament and of the Council (5). Transacting with certain central banks could also be consistent with the objective of minimising counterparty risk, provided that other risks, such as credit risk, are appropriately controlled. Given that derivatives are usually issued by credit institutions, and other entities referred to in Article 7(4) of Delegated Regulation (EU) 2015/61, the general prohibition to invest in assets issued by these entities laid down by that provision should not apply to the use of derivatives.

| (8) | The Board should endeavour to hedge currency risk into a mix of the currencies of the Member States participating in the Fund on the basis of the financial capacity of the Fund and of the expected disbursements as determined by current information, assumptions and stress scenarios. The extent of the hedging, and consequently of the remaining open currency exposure, should be calibrated in order to limit the foreign exchange risk for the Fund to the degree that is appropriate and compatible with its investment objectives. |
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(8)

The Board should endeavour to hedge currency risk into a mix of the currencies of the Member States participating in the Fund on the basis of the financial capacity of the Fund and of the expected disbursements as determined by current information, assumptions and stress scenarios. The extent of the hedging, and consequently of the remaining open currency exposure, should be calibrated in order to limit the foreign exchange risk for the Fund to the degree that is appropriate and compatible with its investment objectives.

| (9) | With regard to risk management, the Board should make use of best practices and establish internal capacities and functions to give effect to them. The adequate measurement of risk should be an essential element of that ongoing process. |
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(9)

With regard to risk management, the Board should make use of best practices and establish internal capacities and functions to give effect to them. The adequate measurement of risk should be an essential element of that ongoing process.

| (10) | While it is within the Board's prerogatives to decide on the implementation of investments, and therefore to outsource part of all of its investment tasks, any potential conflict with the prudent and safe behaviour that the Board should maintain and with its overall investment objectives should be avoided, in consideration of the public interest in the Fund's ability to fulfil its duties at all times. Therefore, the Board should outsource investment tasks only to providers that are not profit-seeking undertakings. This should not preclude service providers and the Board from contracting necessary services from other third parties for execution purposes. Furthermore, the Board should maintain responsibility and oversight at all times irrespective of any outsourcing decision. When referring to the best business practices on outsourcing within the financial sector, the Board should, to the extent possible, take into account existing best practices, such as the Guidelines on Outsourcing of 14 December 2006 by the Committee of European Banking Supervisors. |
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(10)

While it is within the Board's prerogatives to decide on the implementation of investments, and therefore to outsource part of all of its investment tasks, any potential conflict with the prudent and safe behaviour that the Board should maintain and with its overall investment objectives should be avoided, in consideration of the public interest in the Fund's ability to fulfil its duties at all times. Therefore, the Board should outsource investment tasks only to providers that are not profit-seeking undertakings. This should not preclude service providers and the Board from contracting necessary services from other third parties for execution purposes. Furthermore, the Board should maintain responsibility and oversight at all times irrespective of any outsourcing decision. When referring to the best business practices on outsourcing within the financial sector, the Board should, to the extent possible, take into account existing best practices, such as the Guidelines on Outsourcing of 14 December 2006 by the Committee of European Banking Supervisors.

| (11) | Until it is has adopted its first investment strategy, the Board should be allowed to give effect to Article 75(3) of Regulation (EU) No 806/2014 by virtue of deposits with central banks. Similarly, it should be allowed to use estimates to determine the percentage limits on geographical concentration as laid down in this Regulation before the actual data to compute them becomes available. |
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(11)

Until it is has adopted its first investment strategy, the Board should be allowed to give effect to Article 75(3) of Regulation (EU) No 806/2014 by virtue of deposits with central banks. Similarly, it should be allowed to use estimates to determine the percentage limits on geographical concentration as laid down in this Regulation before the actual data to compute them becomes available.

| (12) | Given the unique nature of the Fund, the general principles and criteria for its investment strategy and the rules for its management laid down in this Regulation may need to be reviewed relatively soon after their entry into force, once the Board has started applying them. To this end, the Board should provide the Commission with adequate information on the practical application of the new rules one year after the establishment of the Fund, subject to Article 99 of Regulation (EU) No 806/2014. |
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(12)

Given the unique nature of the Fund, the general principles and criteria for its investment strategy and the rules for its management laid down in this Regulation may need to be reviewed relatively soon after their entry into force, once the Board has started applying them. To this end, the Board should provide the Commission with adequate information on the practical application of the new rules one year after the establishment of the Fund, subject to Article 99 of Regulation (EU) No 806/2014.

| (13) | This Regulation should apply from 1 January 2016, when the Fund becomes operational pursuant to Regulation (EU) No 806/2014, |
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(13)

This Regulation should apply from 1 January 2016, when the Fund becomes operational pursuant to Regulation (EU) No 806/2014,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

1.   This Regulation lays down rules concerning the investment by the Single Resolution Board (‘the Board’) of the amounts held in the Single Resolution Fund (‘the Fund’) referred to in Article 75(3) of Regulation (EU) No 806/2014.

2.   This Regulation does not apply to collateral of low-risk assets unencumbered by any third-party rights, at the free disposal of and earmarked for the exclusive use by the Board as referred to in Article 70(3) of Regulation (EU) No 806/2014.

Article 2

Definitions

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

| 1. | ‘institutional sectors’ means institutional sectors as defined by paragraph 1.28 of Annex A to Council Regulation (EC) No 2223/96; |
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1.

‘institutional sectors’ means institutional sectors as defined by paragraph 1.28 of Annex A to Council Regulation (EC) No 2223/96;

| 2. | ‘sectors of economic activity’ means sections set out in Annex I of Regulation (EC) No 1893/2006; |
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2.

‘sectors of economic activity’ means sections set out in Annex I of Regulation (EC) No 1893/2006;

| 3. | ‘bodies governed by public law’ shall mean bodies governed by public law as defined in Article 1(9) of Directive 2004/18/EC of the European Parliament and of the Council (6); |
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3.

‘bodies governed by public law’ shall mean bodies governed by public law as defined in Article 1(9) of Directive 2004/18/EC of the European Parliament and of the Council (6);

6

| 4. | ‘ESCB central banks’ shall mean ECSB central banks as defined in Article 4(1)(45) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (7). |
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4.

‘ESCB central banks’ shall mean ECSB central banks as defined in Article 4(1)(45) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (7).

7

Article 3

Investment objectives

1.   The Board shall conduct a prudent and safe investment strategy with the objective of protecting the value of the amounts held in the Fund and of satisfying the liquidity requirements of the Fund. The Board shall take into account both the financial capacity of the Fund and the expected disbursements according to the mission of the Fund as defined in Article 76 of Regulation (EU) No 806/2014. It shall take into account all available information and adequate assumptions and stress scenarios.

2.   The investment strategy shall include a definition of the risk appetite, quantifying the maximum tolerable potential loss over a defined time horizon with a defined probability.

3.   The amounts referred to in Article 1(1) of this Regulation shall be invested all together as a single pool of resources, regardless of the division of the Fund into national compartments provided for in Article 77 of Regulation (EU) No 806/2014.

Article 4

Eligible assets for investment

1.   The Board shall determine the eligibility of assets for investment on the basis of the general requirements for liquid assets of credit institutions laid down in Article 7(2), (4), (5) and (6), and in points (a) and (b) of Article 7(7) of Delegated Regulation (EU) 2015/61.

2.   The Board shall invest the amounts referred to in Article 1(1) exclusively in assets which meet the requirements established in Articles 10(1), 11(1), points (a) to (e) of Article 12(1) and Article 15(1) of Delegated Regulation (EU) 2015/61.

3.   The requirements for credit institutions laid down in the second sentence of Article 10(1)(d) and in point (iii) of Article 10(1)(f), point (iii) of Article 11(1)(c), point (v) of Article 11(1)(d) and point (ii) of Article 12(1)(e) of Delegated Regulation (EU) 2015/61 shall not apply to the Board.

4.   The Board shall conduct an appropriate assessment of an eligible asset before investing in it, including an evaluation of its liquidity and creditworthiness and of its compatibility with the investment objectives set out in Article 3. The interaction with the entire investment portfolio should be considered when determining the prudence of an individual investment.

5.   In case any asset loses its eligibility, the Board shall progressively reduce the exposure of the Fund to that given asset. Without prejudice to Article 3, the Board shall do so within a timeframe and in a manner that minimise any impact on market prices.

Article 5

Composition of the portfolio

1.   The Board shall comply with the following requirements on the composition of the Fund's portfolio:

| (a) | a minimum of 60 % of the portfolio shall be composed of assets which meet the requirements established in Article 10(1) of Delegated Regulation (EU) 2015/61; |
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(a)

a minimum of 60 % of the portfolio shall be composed of assets which meet the requirements established in Article 10(1) of Delegated Regulation (EU) 2015/61;

| (b) | a minimum of 30 % of the portfolio shall be composed of assets which meet the requirements established in points (a) to (e) and (g) of Article 10(1) of Delegated Regulation (EU) 2015/61; |
| --- | --- |

(b)

a minimum of 30 % of the portfolio shall be composed of assets which meet the requirements established in points (a) to (e) and (g) of Article 10(1) of Delegated Regulation (EU) 2015/61;

| (c) | a maximum of 15 % of the portfolio shall be held in assets which meet the requirements established in points (a) to (e) of Article 12(1) of Delegated Regulation (EU) 2015/61. |
| --- | --- |

(c)

a maximum of 15 % of the portfolio shall be held in assets which meet the requirements established in points (a) to (e) of Article 12(1) of Delegated Regulation (EU) 2015/61.

2.   For the purposes of paragraph 1, assets which meet the requirements established in Article 15(1) of Delegated Regulation (EU) 2015/61 shall be treated equivalently to the assets underlying the relevant undertaking.

Article 6

Sectorial diversification

1.   Investments of the amounts held in the Fund shall be sufficiently diversified across sectors.

2.   The Board shall limit exposures to individual institutional sectors and to individual sectors of economic activity.

3.   The Board shall take into account that correlations between sectors of economic activity may reduce the actual diversification achieved by application of paragraph 2.

4.   In addition to the requirements of Article 4(1) of this Regulation, the Board shall also limit indirect exposures to the issuers set out in Article 7(4) of Delegated Regulation (EU) 2015/61.

Article 7

Geographical diversification

1.   Investments of the amounts held in the Fund shall be geographically diversified, taking into account the structure and composition of any expenditure of the Fund estimated in Part II of the Board's budget pursuant to Article 60 of Regulation (EU) No 806/2014.

2.   The exposures to eligible assets specified in Article 4 from issuers established in a given participating Member State, as a share of the total exposures of the Fund, shall not represent more than 1,2 times the share of ex ante contributions raised in accordance with Article 70 of Regulation (EU) No 806/2014 from the institutions authorised in the corresponding Member State.

3.   The exposures to eligible assets specified in Article 4 from issuers established in a given non-participating Member State or in a given third country, expressed as a share of the total exposures of the Fund, shall be sufficiently geographically diversified, taking into account criteria such as the size of the economy, the depth and liquidity of the financial market and the additional investment opportunities, including in terms of risk diversification.

That exposure shall not exceed in any case the highest limit established by paragraph 2.

Article 8

Diversification by issuer and issue

1.   The Board shall set a ceiling of up to 30 % of any single issue in which amounts held in the Fund may be invested. That ceiling maybe exceeded only where, given the nature of the investment, the purchase of any amount of a security of that given investment results in ownership of 100 % of the corresponding International Securities Identification Number (ISIN).

2.   The Board shall set a ceiling of up to 30 % for any issuer's total issues in which amounts held in the Fund may be invested.

Article 9

Additional criteria on diversification

1.   Without prejudice to Article 3, the Board shall endeavour to diversify investments across maturities.

2.   When deciding on diversification, the Board shall take into account the elements laid down in Article 3(1) of this Regulation and, when relevant, the liquidity and other characteristics of the collateral referred to in Article 70(3) of Regulation (EU) No 806/2014.

Article 10

Derivatives

1.   The Board shall only use derivatives for risk management purposes, including managing market risk and liquidity risk. The Board may adopt guidelines to specify the eligible uses of derivatives.

2.   The Board shall only use derivatives cleared by:

| (a) | a central counterparty authorised under Article 14 or 15 of Regulation (EU) No 648/2012 or recognised under Article 25 thereof; or |
| --- | --- |

(a)

a central counterparty authorised under Article 14 or 15 of Regulation (EU) No 648/2012 or recognised under Article 25 thereof; or

| (b) | a central bank, provided that exposures to that central bank or its central government are assigned a credit assessment by a nominated external credit assessment institution (ECAI) which is at least credit quality step 1 in accordance with Article 114(2) of Regulation (EU) No 575/2013. |
| --- | --- |

(b)

a central bank, provided that exposures to that central bank or its central government are assigned a credit assessment by a nominated external credit assessment institution (ECAI) which is at least credit quality step 1 in accordance with Article 114(2) of Regulation (EU) No 575/2013.

3.   The requirement laid down in Article 7(4) of Delegated Regulation (EU) 2015/61 shall not apply to the use of derivatives by the Board pursuant to this Article.

Article 11

Currency

1.   The Board shall hedge currency risk into euro or into currencies of participating Member States whose currency is not the euro in order to ensure a limited remaining foreign exchange risk for the Fund.

2.   Where applicable, in order to manage the currency risk between the different currencies referred to in paragraph 1, the Board shall take into account the elements laid down in Article 3(1).

Article 12

Additional general principles

1.   For all investment decisions, the Board shall take into account the possible repercussions on the Fund's creditworthiness in order to safeguard the Board's prerogatives with respect to both alternative funding means, as established by Article 73 of Regulation (EU) No 806/2014, and to access to financial arrangements regarding the immediate availability of additional financial means, as established by Article 74 thereof.

2.   Without prejudice to Article 3, the Board shall conduct all transactions related to the investment of the Fund in a manner that limits any effects on market prices, even in situations of market stress.

3.   As an immediate investment or divestment of the amounts referred to in Article 1(1) might lead to market impacts, the Board may tolerate some temporary divergence with the general principles and criteria for the investment strategy of the Fund.

Article 13

Review of the strategy

The Board shall review the investment strategy every year.

Article 14

Administration

1.   The Board shall adopt a governance framework, including an allocation of tasks and responsibilities and necessary delegations, to ensure an efficient implementation of the investment strategy.

2.   The Board shall adopt internal control standards to verify compliance between the implementation of the investment strategy, the investment strategy and the rules set out in this Regulation.

3.   The executive session of the Board shall keep the plenary session informed of the results of the implementation of the investment strategy.

4.   The Board shall adopt any internal rules and procedures necessary to apply this Regulation.

5.   The Board may establish a committee of the plenary session with the mandate to assist the Board in the application of this Regulation.

Article 15

Risk management

1.   The Board shall comply with the principles of sound financial and risk management.

2.   The Board shall quantify all risks using appropriate measures for the management and control of the respective types of risk.

3.   The Board shall apply multiple risk measures for each type of risk, capture both current and forward-looking aspects, and use both quantitative and qualitative information in order to avoid overreliance on a single risk measure.

4.   The Board shall supplement regular risk measurement by stress tests and scenario analysis in order to identify high-risk areas and to evaluate the combined effects of financial shocks.

Article 16

Outsourcing

1.   The executive session of the Board may decide on the full or partial outsourcing of specific activities conferred upon the Board by Article 75(3) of Regulation (EU) No 806/2014.

2.   The Board may outsource the activities referred to in paragraph 1 only to one or more bodies governed by public law, ESCB central banks, international institutions established under public international law or Union law institutions, provided that they have an established practice of managing similar investments and without prejudice to the ability of the service provider to contract services from third parties.

3.   The investment mandate from the Board to the service provider shall clearly define at least the duration, maturity, eligible universe and benchmarking requirements, as well as establish a framework for regular reporting from the service provider to the Board.

4.   Any contract between the Board and a service provider for the activities referred to in paragraph 1 shall include clauses governing the Board's cancellation rights, outsourcing chains and non-performance by the service provider.

5.   The executive session of the Board shall inform the plenary session of upcoming decisions on outsourcing.

6.   If the Board fully or partially outsources the activities referred to in paragraph 1, it shall remain fully responsible for discharging all of its obligations under Regulation (EU) No 806/2014 and this Regulation.

7.   Where it decides to outsource any activity referred to in paragraph 1, the Board shall refer to best business practices on outsourcing within the financial sector.

8.   If the Board fully or partially outsources the activities referred to in paragraph 1, it shall ensure at all times that:

| (a) | outsourcing does not result in the delegation of the Board's responsibility; |
| --- | --- |

(a)

outsourcing does not result in the delegation of the Board's responsibility;

| (b) | outsourcing does not exclude the accountability of the Board under Article 45 and Article 46(1) of Regulation (EU) No 806/2014, nor its independence under Article 47 thereof; |
| --- | --- |

(b)

outsourcing does not exclude the accountability of the Board under Article 45 and Article 46(1) of Regulation (EU) No 806/2014, nor its independence under Article 47 thereof;

| (c) | outsourcing does not result in depriving the Board from the necessary systems and controls to manage the risks it faces; |
| --- | --- |

(c)

outsourcing does not result in depriving the Board from the necessary systems and controls to manage the risks it faces;

| (d) | the service provider implements equivalent business continuity arrangements to those of the Board; |
| --- | --- |

(d)

the service provider implements equivalent business continuity arrangements to those of the Board;

| (e) | the Board retains the necessary expertise and resources to evaluate the quality of the services provided and the organisational and capital adequacy of the service provider, and to supervise the outsourced functions effectively and manage the risks associated with the outsourcing and supervises those functions and manages those risks on an ongoing basis; |
| --- | --- |

(e)

the Board retains the necessary expertise and resources to evaluate the quality of the services provided and the organisational and capital adequacy of the service provider, and to supervise the outsourced functions effectively and manage the risks associated with the outsourcing and supervises those functions and manages those risks on an ongoing basis;

| (f) | the Board has direct access to the relevant information of the outsourced activities; |
| --- | --- |

(f)

the Board has direct access to the relevant information of the outsourced activities;

| (g) | the service provider protects any confidential information relating to the Board. |
| --- | --- |

(g)

the service provider protects any confidential information relating to the Board.

Article 17

Transitional provisions

1.   Before adopting its first investment strategy, the Board may deposit all the amounts referred to in Article 1(1) with the central banks of one or more Member States.

2.   Before carrying out the calculations that are required to determine the shares referred to in Article 7(2) for the first time, the Board may make use of estimates in order to apply Articles 7(2) and 7(3).

Article 18

Report

The Board shall submit to the Commission a report on the application of this Regulation by 31 December 2016.

Article 19

Entry into force and application

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

Official Journal of the European Union

It shall apply from 1 January 2016.

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

Done at Brussels, 16 December 2015.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 225, 30.7.2014, p. 1.

1

(2)  Commission Delegated Regulation (EU) 2015/61 of 10 October 2014 to supplement Regulation (EU) No 575/2013 of the European Parliament and the Council with regard to liquidity coverage requirement for Credit Institutions (OJ L 11, 17.1.2015, p. 1).

2

(3)  Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (OJ L 310, 30.11.1996, p. 1).

3

(4)  Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).

4

(5)  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).

5

(6)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 30.4.2004, p. 114).

6

(7)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

7

---

| 30.3.2016 | EN | Official Journal of the European Union | L 79/10 |
| --- | --- | --- | --- |

30.3.2016

EN

Official Journal of the European Union

L 79/10

---

COMMISSION REGULATION (EU) 2016/452

of 29 March 2016

amending Annexes II and III to Regulation (EC) No 396/2005 of the European Parliament and of the Council as regards maximum residue levels for captan, propiconazole and spiroxamine in or on certain products

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC (1), and in particular Article 14(1)(a) and Article 49(2) thereof,

Whereas:

| (1) | For captan, propiconazole and spiroxamine, maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005. |
| --- | --- |

(1)

For captan, propiconazole and spiroxamine, maximum residue levels (MRLs) were set in Annex II and Part B of Annex III to Regulation (EC) No 396/2005.

| (2) | For captan, the European Food Safety Authority, hereinafter ‘the Authority’, submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (2). It proposed to change the residue definition for plant commodities. It recommended raising or keeping the existing MRLs for certain products. It concluded that concerning the MRLs for apples, pears, quinces, medlar, loquat, apricots, cherries, peaches, plums, strawberries, blackberries, raspberries, blueberries, currants, gooseberries and tomatoes some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for these products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. These MRLs will be reviewed; the review will take into account the information available within 2 years from the publication of this Regulation. The Authority concluded that concerning the MRLs for almonds, table grapes, wine grapes, potatoes, cucumbers, melons, scarole, leek, maize and sorghum no information was available and that further consideration by risk managers was required. The MRLs for these products should be set at the specific limit of determination. |
| --- | --- |

(2)

For captan, the European Food Safety Authority, hereinafter ‘the Authority’, submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (2). It proposed to change the residue definition for plant commodities. It recommended raising or keeping the existing MRLs for certain products. It concluded that concerning the MRLs for apples, pears, quinces, medlar, loquat, apricots, cherries, peaches, plums, strawberries, blackberries, raspberries, blueberries, currants, gooseberries and tomatoes some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for these products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. These MRLs will be reviewed; the review will take into account the information available within 2 years from the publication of this Regulation. The Authority concluded that concerning the MRLs for almonds, table grapes, wine grapes, potatoes, cucumbers, melons, scarole, leek, maize and sorghum no information was available and that further consideration by risk managers was required. The MRLs for these products should be set at the specific limit of determination.

| (3) | For propiconazole, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (3). It concluded that concerning the MRLs for grapefruit, lemons, limes, mandarins, apples, apricots, table and wine grapes, bananas, rape seed, barley grain, oats grain, rice grain, rye grain, wheat grain, sugar beet (root), swine muscle and fat, bovine muscle and fat, sheep muscle and fat, goat muscle and fat, poultry muscle and fat, cattle, sheep and goat milk and birds' eggs some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for these products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. These MRLs will be reviewed; the review will take into account the information available within 2 years from the publication of this Regulation. The Authority concluded that concerning the MRLs for almonds, cherries, plums, strawberries, currants (red, black and white), gooseberries, peppers, cucumbers, globe artichokes, peanuts and tea no information was available, and that further consideration by risk managers was required. The MRLs for these products should be set at the specific limit of determination. |
| --- | --- |

(3)

For propiconazole, the Authority submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (3). It concluded that concerning the MRLs for grapefruit, lemons, limes, mandarins, apples, apricots, table and wine grapes, bananas, rape seed, barley grain, oats grain, rice grain, rye grain, wheat grain, sugar beet (root), swine muscle and fat, bovine muscle and fat, sheep muscle and fat, goat muscle and fat, poultry muscle and fat, cattle, sheep and goat milk and birds' eggs some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for these products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. These MRLs will be reviewed; the review will take into account the information available within 2 years from the publication of this Regulation. The Authority concluded that concerning the MRLs for almonds, cherries, plums, strawberries, currants (red, black and white), gooseberries, peppers, cucumbers, globe artichokes, peanuts and tea no information was available, and that further consideration by risk managers was required. The MRLs for these products should be set at the specific limit of determination.

| (4) | For spiroxamine, the Authority, submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (4). It proposed to change the residue definition and concluded that concerning the MRLs for table and wine grapes, banana, barley, oats, rye, wheat, poultry muscle, fat and liver and birds' eggs some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for these products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. These MRLs will be reviewed; the review will take into account the information available within 2 years from the publication of this Regulation. As it is appropriate to set the residue definition for animal origin commodities as ‘spiroxamine carboxylic acid metabolite M06, expressed as spiroxamine (sum of isomers)’, sufficient information is available for setting MRLs for swine muscle, fat, liver and kidney, bovine muscle, fat, liver and kidney, sheep muscle, fat, liver and kidney, goat muscle, fat, liver and kidney, cattle, sheep and goat milk. As the MRLs for barley and oats of 0,4 mg/kg are based on a good agricultural practice that is no longer supported, the MRLs for those commodities should be reduced to 0,05 mg/kg. |
| --- | --- |

(4)

For spiroxamine, the Authority, submitted a reasoned opinion on the existing MRLs in accordance with Article 12(2) of Regulation (EC) No 396/2005 in conjunction with Article 12(1) thereof (4). It proposed to change the residue definition and concluded that concerning the MRLs for table and wine grapes, banana, barley, oats, rye, wheat, poultry muscle, fat and liver and birds' eggs some information was not available and that further consideration by risk managers was required. As there is no risk for consumers, the MRLs for these products should be set in Annex II to Regulation (EC) No 396/2005 at the existing level or the level identified by the Authority. These MRLs will be reviewed; the review will take into account the information available within 2 years from the publication of this Regulation. As it is appropriate to set the residue definition for animal origin commodities as ‘spiroxamine carboxylic acid metabolite M06, expressed as spiroxamine (sum of isomers)’, sufficient information is available for setting MRLs for swine muscle, fat, liver and kidney, bovine muscle, fat, liver and kidney, sheep muscle, fat, liver and kidney, goat muscle, fat, liver and kidney, cattle, sheep and goat milk. As the MRLs for barley and oats of 0,4 mg/kg are based on a good agricultural practice that is no longer supported, the MRLs for those commodities should be reduced to 0,05 mg/kg.

| (5) | As regards products on which the use of the plant protection product concerned is not authorised, and for which no import tolerances or Codex maximum residue limits (CXLs) exist, MRLs should be set at the specific limit of determination or the default MRL should apply, as provided for in Article 18(1)(b) of Regulation (EC) No 396/2005. |
| --- | --- |

(5)

As regards products on which the use of the plant protection product concerned is not authorised, and for which no import tolerances or Codex maximum residue limits (CXLs) exist, MRLs should be set at the specific limit of determination or the default MRL should apply, as provided for in Article 18(1)(b) of Regulation (EC) No 396/2005.

| (6) | The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain limits of determination. As regards several substances, those laboratories concluded that for certain commodities technical development requires the setting of specific limits of determination. |
| --- | --- |

(6)

The Commission consulted the European Union reference laboratories for residues of pesticides as regards the need to adapt certain limits of determination. As regards several substances, those laboratories concluded that for certain commodities technical development requires the setting of specific limits of determination.

| (7) | Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005. |
| --- | --- |

(7)

Based on the reasoned opinions of the Authority and taking into account the factors relevant to the matter under consideration, the appropriate modifications to the MRLs fulfil the requirements of Article 14(2) of Regulation (EC) No 396/2005.

| (8) | Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs. Comments were received from several third countries on the new residue definition and MRL for captan in wine grapes. It is appropriate to temporarily maintain the existing residue definition and MRL in order to allow for the generation of residue data on wine grapes in line with the newly proposed residue definition. That MRL will be reviewed; the review will take into account the information available within 2 years from the publication of this Regulation. |
| --- | --- |

(8)

Through the World Trade Organisation, the trading partners of the Union were consulted on the new MRLs. Comments were received from several third countries on the new residue definition and MRL for captan in wine grapes. It is appropriate to temporarily maintain the existing residue definition and MRL in order to allow for the generation of residue data on wine grapes in line with the newly proposed residue definition. That MRL will be reviewed; the review will take into account the information available within 2 years from the publication of this Regulation.

| (9) | Regulation (EC) No 396/2005 should therefore be amended accordingly. |
| --- | --- |

(9)

Regulation (EC) No 396/2005 should therefore be amended accordingly.

| (10) | In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been produced before the modification of the MRLs and for which information shows that a high level of consumer protection is maintained. |
| --- | --- |

(10)

In order to allow for the normal marketing, processing and consumption of products, this Regulation should provide for a transitional arrangement for products which have been produced before the modification of the MRLs and for which information shows that a high level of consumer protection is maintained.

| (11) | A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs. |
| --- | --- |

(11)

A reasonable period should be allowed to elapse before the modified MRLs become applicable in order to permit Member States, third countries and food business operators to prepare themselves to meet the new requirements which will result from the modification of the MRLs.

| (12) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, |
| --- | --- |

(12)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annexes II and III to Regulation (EC) No 396/2005 are amended in accordance with the Annex to this Regulation.

Article 2

Regulation (EC) No 396/2005 as it stood before being amended by this Regulation shall continue to apply to products which were produced before 19 October 2016.

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.

It shall apply from 19 October 2016.

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

Done at Brussels, 29 March 2016.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 70, 16.3.2005, p. 1.

1

(2)  EFSA (European Food Safety Authority), 2014. Reasoned opinion on the review of the existing maximum residue levels (MRLs) for captan according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2014;12(4):3663, 55 pp.

2

(3)  European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for propiconazole according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2015;13(1):3975.

3

(4)  European Food Safety Authority; Review of the existing maximum residue levels (MRLs) for spiroxamine according to Article 12 of Regulation (EC) No 396/2005. EFSA Journal 2015;13(1):3992.

4

---

ANNEX

Annexes II and III to Regulation (EC) No 396/2005 are amended as follows:

| (1) | in Annex II, the columns for captan, propiconazole and spiroxamine are replaced by the following:

  ‘Pesticide residues and maximum residue levels (mg/kg)










  Code number | Groups and examples of individual products to which the MRLs apply (1) | Sum of captan and THPI, expressed as captan (R) (A) | Propiconazole (sum of isomers) (F) | Spiroxamine (sum of isomers) (A) (R) |
| --- | --- | --- | --- | --- | --- |
| (1) | (2) | (3) | (4) | (5) |
| 0100000 | FRUITS, FRESH or FROZEN; TREE NUTS | | | |
| 0110000 | Citrus fruits | 0,03
   (*1) | | 0,01
   (*1) |
| 0110010 | Grapefruits | | 5 (+) | |
| 0110020 | Oranges | | 9 | |
| 0110030 | Lemons | | 5 (+) | |
| 0110040 | Limes | | 5 (+) | |
| 0110050 | Mandarins | | 5 (+) | |
| 0110990 | Others | | 0,01
   (*1) | |
| 0120000 | Tree nuts | 0,07
   (*1) | | 0,05 (*1) |
| 0120010 | Almonds | | 0,01
   (*1) | |
| 0120020 | Brazil nuts | | 0,01
   (*1) | |
| 0120030 | Cashew nuts | | 0,01
   (*1) | |
| 0120040 | Chestnuts | | 0,01
   (*1) | |
| 0120050 | Coconuts | | 0,01
   (*1) | |
| 0120060 | Hazelnuts/cobnuts | | 0,01
   (*1) | |
| 0120070 | Macadamias | | 0,01
   (*1) | |
| 0120080 | Pecans | | 0,02
   (*1) | |
| 0120090 | Pine nut kernels | | 0,01
   (*1) | |
| 0120100 | Pistachios | | 0,01
   (*1) | |
| 0120110 | Walnuts | | 0,01
   (*1) | |
| 0120990 | Others | | 0,01
   (*1) | |
| 0130000 | Pome fruits | 10 (+) | | 0,01
   (*1) |
| 0130010 | Apples | | 0,15 (+) | |
| 0130020 | Pears | | 0,01
   (*1) | |
| 0130030 | Quinces | | 0,01
   (*1) | |
| 0130040 | Medlars | | 0,01
   (*1) | |
| 0130050 | Loquats/Japanese medlars | | 0,01
   (*1) | |
| 0130990 | Others | | 0,01
   (*1) | |
| 0140000 | Stone fruits | | | 0,01
   (*1) |
| 0140010 | Apricots | 6 (+) | 0,15 (+) | |
| 0140020 | Cherries (sweet) | 6 (+) | 0,01
   (*1) | |
| 0140030 | Peaches | 6 (+) | 5 | |
| 0140040 | Plums | 10 (+) | 0,01
   (*1) | |
| 0140990 | Others | 0,03
   (*1) | 0,01
   (*1) | |
| 0150000 | Berries and small fruits | | | |
| 0151000 | (a) | grapes |

(1)

in Annex II, the columns for captan, propiconazole and spiroxamine are replaced by the following:

‘Pesticide residues and maximum residue levels (mg/kg)

Code number

Groups and examples of individual products to which the MRLs apply (1)

Sum of captan and THPI, expressed as captan (R) (A)

Propiconazole (sum of isomers) (F)

Spiroxamine (sum of isomers) (A) (R)

(1)

(2)

(3)

(4)

(5)

0100000

FRUITS, FRESH or FROZEN; TREE NUTS

0110000

Citrus fruits

0,03
   (*1)

0,01
   (*1)

0110010

Grapefruits

5 (+)

0110020

Oranges

9

0110030

Lemons

5 (+)

0110040

Limes

5 (+)

0110050

Mandarins

5 (+)

0110990

Others

0,01
   (*1)

0120000

Tree nuts

0,07
   (*1)

0,05 (*1)

0120010

Almonds

0,01
   (*1)

0120020

Brazil nuts

0,01
   (*1)

0120030

Cashew nuts

0,01
   (*1)

0120040

Chestnuts

0,01
   (*1)

0120050

Coconuts

0,01
   (*1)

0120060

Hazelnuts/cobnuts

0,01
   (*1)

0120070

Macadamias

0,01
   (*1)

0120080

Pecans

0,02
   (*1)

0120090

Pine nut kernels

0,01
   (*1)

0120100

Pistachios

0,01
   (*1)

0120110

Walnuts

0,01
   (*1)

0120990

Others

0,01
   (*1)

0130000

Pome fruits

10 (+)

0,01
   (*1)

0130010

Apples

0,15 (+)

0130020

Pears

0,01
   (*1)

0130030

Quinces

0,01
   (*1)

0130040

Medlars

0,01
   (*1)

0130050

Loquats/Japanese medlars

0,01
   (*1)

0130990

Others

0,01
   (*1)

0140000

Stone fruits

0,01
   (*1)

0140010

Apricots

6 (+)

0,15 (+)

0140020

Cherries (sweet)

6 (+)

0,01
   (*1)

0140030

Peaches

6 (+)

5

0140040

Plums

10 (+)

0,01
   (*1)

0140990

Others

0,03
   (*1)

0,01
   (*1)

0150000

Berries and small fruits

0151000

(a)

0,3 (+)

0151010

Table grapes

0,03
   (*1)

0,6 (+)

0151020

Wine grapes

0,02
   (*1)
  (+)

0,5 (+)

0152000

| (b) | strawberries |
| --- | --- |

(b)

1,5 (+)

0,01
   (*1)

0,01
   (*1)

0153000

| (c) | cane fruits |
| --- | --- |

(c)

0,01
   (*1)

0,01
   (*1)

0153010

Blackberries

20 (+)

0153020

Dewberries

0,03
   (*1)

0153030

Raspberries (red and yellow)

20 (+)

0153990

Others

0,03
   (*1)

0154000

| (d) | other small fruits and berries |
| --- | --- |

(d)

0,01
   (*1)

0154010

Blueberries

30 (+)

0,01
   (*1)

0154020

Cranberries

0,03
   (*1)

0,3

0154030

Currants (black, red and white)

30 (+)

0,01
   (*1)

0154040

Gooseberries (green, red and yellow)

30 (+)

0,01
   (*1)

0154050

Rose hips

0,03
   (*1)

0,01
   (*1)

0154060

Mulberries (black and white)

0,03
   (*1)

0,01
   (*1)

0154070

Azaroles/Mediterranean medlars

0,03
   (*1)

0,01
   (*1)

0154080

Elderberries

0,03
   (*1)

0,01
   (*1)

0154990

Others

0,03
   (*1)

0,01
   (*1)

0160000

Miscellaneous fruits with

0,03
   (*1)

0161000

| (a) | edible peel |
| --- | --- |

(a)

0,01
   (*1)

0,01
   (*1)

0161010

Dates

0161020

Figs

0161030

Table olives

0161040

Kumquats

0161050

Carambolas

0161060

Kaki/Japanese persimmons

0161070

Jambuls/jambolans

0161990

Others

0162000

| (b) | inedible peel, small |
| --- | --- |

(b)

0,01
   (*1)

0,01
   (*1)

0162010

Kiwi fruits (green, red, yellow)

0162020

Litchis/lychees

0162030

Passionfruits/maracujas

0162040

Prickly pears/cactus fruits

0162050

Star apples/cainitos

0162060

American persimmons/Virginia kaki

0162990

Others

0163000

| (c) | inedible peel, large |
| --- | --- |

(c)

0163010

Avocados

0,01
   (*1)

0,01
   (*1)

0163020

Bananas

0,15 (+)

3 (+)

0163030

Mangoes

0,01
   (*1)

0,01
   (*1)

0163040

Papayas

0,01
   (*1)

0,01
   (*1)

0163050

Granate apples/pomegranates

0,01
   (*1)

0,01
   (*1)

0163060

Cherimoyas

0,01
   (*1)

0,01
   (*1)

0163070

Guavas

0,01
   (*1)

0,01
   (*1)

0163080

Pineapples

0,02
   (*1)

0,01
   (*1)

0163090

Breadfruits

0,01
   (*1)

0,01
   (*1)

0163100

Durians

0,01
   (*1)

0,01
   (*1)

0163110

Soursops/guanabanas

0,01
   (*1)

0,01
   (*1)

0163990

Others

0,01
   (*1)

0,01
   (*1)

0200000

VEGETABLES, FRESH or FROZEN

0210000

Root and tuber vegetables

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0211000

| (a) | potatoes |
| --- | --- |

(a)

0212000

| (b) | tropical root and tuber vegetables |
| --- | --- |

(b)

0212010

Cassava roots/manioc

0212020

Sweet potatoes

0212030

Yams

0212040

Arrowroots

0212990

Others

0213000

| (c) | other root and tuber vegetables except sugar beets |
| --- | --- |

(c)

0213010

Beetroots

0213020

Carrots

0213030

Celeriacs/turnip rooted celeries

0213040

Horseradishes

0213050

Jerusalem artichokes

0213060

Parsnips

0213070

Parsley roots/Hamburg roots parsley

0213080

Radishes

0213090

Salsifies

0213100

Swedes/rutabagas

0213110

Turnips

0213990

Others

0220000

Bulb vegetables

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0220010

Garlic

0220020

Onions

0220030

Shallots

0220040

Spring onions/green onions and Welsh onions

0220990

Others

0230000

Fruiting vegetables

0,01
   (*1)

0231000

| (a) | solanacea |
| --- | --- |

(a)

0231010

Tomatoes

1 (+)

3

0231020

Sweet peppers/bell peppers

0,03
   (*1)

0,01
   (*1)

0231030

Aubergines/eggplants

0,03
   (*1)

0,01
   (*1)

0231040

Okra/lady's fingers

0,03
   (*1)

0,01
   (*1)

0231990

Others

0,03
   (*1)

0,01
   (*1)

0232000

| (b) | cucurbits with edible peel |
| --- | --- |

(b)

0,03
   (*1)

0,01
   (*1)

0232010

Cucumbers

0232020

Gherkins

0232030

Courgettes

0232990

Others

0233000

| (c) | cucurbits with inedible peel |
| --- | --- |

(c)

0,03
   (*1)

0,01
   (*1)

0233010

Melons

0233020

Pumpkins

0233030

Watermelons

0233990

Others

0234000

| (d) | sweet corn |
| --- | --- |

(d)

0,03
   (*1)

0,05

0239000

| (e) | other fruiting vegetables |
| --- | --- |

(e)

0,03
   (*1)

0,01
   (*1)

0240000

Brassica vegetables (excluding brassica roots and brassica baby leaf crops)

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0241000

| (a) | flowering brassica |
| --- | --- |

(a)

0241010

Broccoli

0241020

Cauliflowers

0241990

Others

0242000

| (b) | head brassica |
| --- | --- |

(b)

0242010

Brussels sprouts

0242020

Head cabbages

0242990

Others

0243000

| (c) | leafy brassica |
| --- | --- |

(c)

0243010

Chinese cabbages/pe-tsai

0243020

Kales

0243990

Others

0244000

| (d) | kohlrabies |
| --- | --- |

(d)

0250000

Leaf vegetables, herbs and edible flowers

0251000

| (a) | lettuces and salad plants |
| --- | --- |

(a)

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0251010

Lamb's lettuces/corn salads

0251020

Lettuces

0251030

Escaroles/broad-leaved endives

0251040

Cresses and other sprouts and shoots

0251050

Land cresses

0251060

Roman rocket/rucola

0251070

Red mustards

0251080

Baby leaf crops (including brassica species)

0251990

Others

0252000

| (b) | spinaches and similar leaves |
| --- | --- |

(b)

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0252010

Spinaches

0252020

Purslanes

0252030

Chards/beet leaves

0252990

Others

0253000

| (c) | grape leaves and similar species |
| --- | --- |

(c)

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0254000

| (d) | watercresses |
| --- | --- |

(d)

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0255000

| (e) | witloofs/Belgian endives |
| --- | --- |

(e)

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0256000

| (f) | herbs and edible flowers |
| --- | --- |

(f)

0,06
   (*1)

0,02
   (*1)

0,02
   (*1)

0256010

Chervil

0256020

Chives

0256030

Celery leaves

0256040

Parsley

0256050

Sage

0256060

Rosemary

0256070

Thyme

0256080

Basil and edible flowers

0256090

Laurel/bay leave

0256100

Tarragon

0256990

Others

0260000

Legume vegetables

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0260010

Beans (with pods)

0260020

Beans (without pods)

0260030

Peas (with pods)

0260040

Peas (without pods)

0260050

Lentils

0260990

Others

0270000

Stem vegetables

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0270010

Asparagus

0270020

Cardoons

0270030

Celeries

0270040

Florence fennels

0270050

Globe artichokes

0270060

Leeks

0270070

Rhubarbs

0270080

Bamboo shoots

0270090

Palm hearts

0270990

Others

0280000

Fungi, mosses and lichens

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0280010

Cultivated fungi

0280020

Wild fungi

0280990

Mosses and lichens

0290000

Algae and prokaryotes organisms

0,03
   (*1)

0,01
   (*1)

0,01
   (*1)

0300000

PULSES

0,07
   (*1)

0,01
   (*1)

0,01
   (*1)

0300010

Beans

0300020

Lentils

0300030

Peas

0300040

Lupins/lupini beans

0300990

Others

0400000

OILSEEDS AND OIL FRUITS

0,07
   (*1)

0,05 (*1)

0401000

Oilseeds

0401010

Linseeds

0,01
   (*1)

0401020

Peanuts/groundnuts

0,01
   (*1)

0401030

Poppy seeds

0,01
   (*1)

0401040

Sesame seeds

0,01
   (*1)

0401050

Sunflower seeds

0,01
   (*1)

0401060

Rapeseeds/canola seeds

0,05 (+)

0401070

Soyabeans

0,07

0401080

Mustard seeds

0,01
   (*1)

0401090

Cotton seeds

0,01
   (*1)

0401100

Pumpkin seeds

0,01
   (*1)

0401110

Safflower seeds

0,01
   (*1)

0401120

Borage seeds

0,01
   (*1)

0401130

Gold of pleasure seeds

0,01
   (*1)

0401140

Hemp seeds

0,01
   (*1)

0401150

Castor beans

0,01
   (*1)

0401990

Others

0,01
   (*1)

0402000

Oil fruits

0,01
   (*1)

0402010

Olives for oil production

0402020

Oil palms kernels

0402030

Oil palms fruits

0402040

Kapok

0402990

Others

0500000

CEREALS

0,07
   (*1)

0500010

Barley

0,3 (+)

0,05 (+)

0500020

Buckwheat and other pseudo-cereals

0,01
   (*1)

0,01
   (*1)

0500030

Maize/corn

0,05

0,01
   (*1)

0500040

Common millet/proso millet

0,01
   (*1)

0,01
   (*1)

0500050

Oat

0,3 (+)

0,05 (+)

0500060

Rice

1,5 (+)

0,01
   (*1)

0500070

Rye

0,04 (+)

0,05 (+)

0500080

Sorghum

0,01
   (*1)

0,01
   (*1)

0500090

Wheat

0,04 (+)

0,05 (+)

0500990

Others

0,01
   (*1)

0,01
   (*1)

0600000

TEAS, COFFEE, HERBAL INFUSIONS, COCOA AND CAROBS

0,1
   (*1)

0,05
   (*1)

0610000

Teas

0,05
   (*1)

0620000

Coffee beans

0,02

0630000

Herbal infusions from

0,05
   (*1)

0631000

| (a) | flowers |
| --- | --- |

(a)

0631010

Chamomile

0631020

Hibiscus/roselle

0631030

Rose

0631040

Jasmine

0631050

Lime/linden

0631990

Others

0632000

| (b) | leaves and herbs |
| --- | --- |

(b)

0632010

Strawberry

0632020

Rooibos

0632030

Mate/maté

0632990

Others

0633000

| (c) | roots |
| --- | --- |

(c)

0633010

Valerian

0633020

Ginseng

0633990

Others

0639000

| (d) | any other parts of the plant |
| --- | --- |

(d)

0640000

Cocoa beans

0,05
   (*1)

0650000

Carobs/Saint John's breads

0,05
   (*1)

0700000

HOPS

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0800000

SPICES

0810000

Seed spices

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0810010

Anise/aniseed

0810020

Black caraway/black cumin

0810030

Celery

0810040

Coriander

0810050

Cumin

0810060

Dill

0810070

Fennel

0810080

Fenugreek

0810090

Nutmeg

0810990

Others

0820000

Fruit spices

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0820010

Allspice/pimento

0820020

Sichuan pepper

0820030

Caraway

0820040

Cardamom

0820050

Juniper berry

0820060

Peppercorn (black, green and white)

0820070

Vanilla

0820080

Tamarind

0820990

Others

0830000

Bark spices

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0830010

Cinnamon

0830990

Others

0840000

Root and rhizome spices

0840010

Liquorice

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0840020

Ginger

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0840030

Turmeric/curcuma

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0840040

Horseradish

(+)

(+)

(+)

0840990

Others

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0850000

Bud spices

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0850010

Cloves

0850020

Capers

0850990

Others

0860000

Flower pistil spices

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0860010

Saffron

0860990

Others

0870000

Aril spices

0,1
   (*1)

0,05
   (*1)

0,05
   (*1)

0870010

Mace

0870990

Others

0900000

SUGAR PLANTS

0,03
   (*1)

0,01
   (*1)

0900010

Sugar beet roots

0,15 (+)

0900020

Sugar canes

0,02
   (*1)

0900030

Chicory roots

0,01
   (*1)

0900990

Others

0,01
   (*1)

1000000

PRODUCTS OF ANIMAL ORIGIN -TERRESTRIAL ANIMALS

1010000

Tissues from

1011000

| (a) | swine |
| --- | --- |

(a)

0,03
   (*1)

0,02
   (*1)

1011010

Muscle

0,05 (+)

1011020

Fat tissue

0,05 (+)

1011030

Liver

0,5

1011040

Kidney

0,5

1011050

Edible offals (other than liver and kidney)

0,5

1011990

Others

0,01 (*1)

1012000

| (b) | bovine |
| --- | --- |

(b)

1012010

Muscle

0,09

0,05 (+)

0,03

1012020

Fat tissue

0,06

0,07 (+)

0,05

1012030

Liver

0,09

0,5

0,3

1012040

Kidney

0,09

0,5

0,15

1012050

Edible offals (other than liver and kidney)

0,09

0,5

0,3

1012990

Others

0,03
   (*1)

0,01 (*1)

0,02
   (*1)

1013000

| (c) | sheep |
| --- | --- |

(c)

1013010

Muscle

0,09

0,05 (+)

0,03

1013020

Fat tissue

0,06

0,07 (+)

0,05

1013030

Liver

0,09

0,5

0,3

1013040

Kidney

0,09

0,5

0,15

1013050

Edible offals (other than liver and kidney)

0,09

0,5

0,3

1013990

Others

0,03
   (*1)

0,01 (*1)

0,02
   (*1)

1014000

| (d) | goat |
| --- | --- |

(d)

1014010

Muscle

0,09

0,05 (+)

0,03

1014020

Fat tissue

0,06

0,07 (+)

0,05

1014030

Liver

0,09

0,5

0,3

1014040

Kidney

0,09

0,5

0,15

1014050

Edible offals (other than liver and kidney)

0,09

0,5

0,3

1014990

Others

0,03
   (*1)

0,01 (*1)

0,02
   (*1)

1015000

| (e) | equine |
| --- | --- |

(e)

1015010

Muscle

0,09

0,05

0,03

1015020

Fat tissue

0,06

0,07

0,05

1015030

Liver

0,09

0,5

0,3

1015040

Kidney

0,09

0,5

0,15

1015050

Edible offals (other than liver and kidney)

0,09

0,5

0,3

1015990

Others

0,03
   (*1)

0,01 (*1)

0,02
   (*1)

1016000

| (f) | poultry |
| --- | --- |

(f)

0,03
   (*1)

0,01 (*1)

1016010

Muscle

(+)

0,05 (+)

1016020

Fat tissue

(+)

0,05 (+)

1016030

Liver

0,2 (+)

1016040

Kidney

0,02
   (*1)

1016050

Edible offals (other than liver and kidney)

0,2

1016990

Others

0,02
   (*1)

1017000

| (g) | other farmed terrestrial animals |
| --- | --- |

(g)

1017010

Muscle

0,09

0,05

0,03

1017020

Fat tissue

0,06

0,07
   (*1)

0,05

1017030

Liver

0,09

0,5

0,3

1017040

Kidney

0,09

0,5

0,15

1017050

Edible offals (other than liver and kidney)

0,09

0,5

0,3

1017990

Others

0,03
   (*1)

0,01 (*1)

0,02
   (*1)

1020000

Milk

0,03
   (*1)

0,01 (*1)

0,015

1020010

Cattle

(+)

1020020

Sheep

(+)

1020030

Goat

(+)

1020040

Horse

1020990

Others

1030000

Birds eggs

0,03
   (*1)

0,01
   (*1)
  (+)

0,05 (+)

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others

1040000

Honey and other apiculture products

0,05 (*1)

0,05 (*1)

0,05
   (*1)

1050000

Amphibians and Reptiles

0,03
   (*1)

0,01 (*1)

0,02
   (*1)

1060000

Terrestrial invertebrate animals

0,03
   (*1)

0,01 (*1)

0,02
   (*1)

1070000

Wild terrestrial vertebrate animals

0,03
   (*1)

0,01 (*1)

0,02
   (*1)

| (**) | Pesticide-code combination for which the MRL as set in Annex III Part B applies. |
| --- | --- |

(**)

Pesticide-code combination for which the MRL as set in Annex III Part B applies.

| (F) | = | Fat soluble |
| --- | --- | --- |

(F)

=

Fat soluble

Sum of captan and THPI, expressed as captan (R) (A)

| (A) | = | Footnote for residue defintion: The EU reference labs identified the reference standard for 3-OH THPI and 5-OH THPI as commercially not available. When re-viewing the MRL, the Commission will take into account the commercial availability of the reference standard referred to in the first sentence by 30 March 2017, or, if that reference standard is not commercially available by that date, the unavailability of it. |
| --- | --- | --- |
| (R) | = | The residue definition differs for the following combinations pesticide-code number:
  code 1000000 except 1040000 : Sum of THPI, 3-OH THPI and 5-OH THPI, expressed as captan; code 0151020 : captan |

(A)

=

Footnote for residue defintion: The EU reference labs identified the reference standard for 3-OH THPI and 5-OH THPI as commercially not available. When re-viewing the MRL, the Commission will take into account the commercial availability of the reference standard referred to in the first sentence by 30 March 2017, or, if that reference standard is not commercially available by that date, the unavailability of it.

(R)

=

The residue definition differs for the following combinations pesticide-code number:

code 1000000 except 1040000 : Sum of THPI, 3-OH THPI and 5-OH THPI, expressed as captan; code 0151020 : captan

| (+) | The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  0130000 | Pome fruits |
| --- | --- | --- |
| 0130010 | Apples |
| 0130020 | Pears |
| 0130030 | Quinces |
| 0130040 | Medlars |
| 0130050 | Loquats/Japanese medlars |
| 0140010 | Apricots |
| 0140020 | Cherries (sweet) |
| 0140030 | Peaches |
| 0140040 | Plums |

(+)

The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

0130000

Pome fruits

0130010

Apples

0130020

Pears

0130030

Quinces

0130040

Medlars

0130050

Loquats/Japanese medlars

0140010

Apricots

0140020

Cherries (sweet)

0140030

Peaches

0140040

Plums

| (+) | Residue trials are unavailable for the residue definition: sum of captan and THPI, expressed as captan. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  0151020 | Wine grapes |
| --- | --- | --- |

(+)

Residue trials are unavailable for the residue definition: sum of captan and THPI, expressed as captan. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

0151020

Wine grapes

| (+) | The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  0152000 | (b) | strawberries |
| --- | --- | --- | --- |

(+)

The European Food Safety Authority identified some information on analytical methods as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

0152000

(b)

0153010

Blackberries

0153030

Raspberries (red and yellow)

0154010

Blueberries

0154030

Currants (black, red and white)

0154040

Gooseberries (green, red and yellow)

0231010

Tomatoes

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish

Propiconazole (sum of isomers) (F)

| (+) | The European Food Safety Authority identified some information on residue trials that include analysis of parent and metabolites convertible to 2,4-dichlorobenzoic acid and toxicological data on the metabolites convertible to 2,4-dichlorobenzoic acid as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  0110010 | Grapefruits |
| --- | --- | --- |
| 0110030 | Lemons |
| 0110040 | Limes |
| 0110050 | Mandarins |
| 0130010 | Apples |
| 0140010 | Apricots |
| 0151000 | (a) | grapes |

(+)

The European Food Safety Authority identified some information on residue trials that include analysis of parent and metabolites convertible to 2,4-dichlorobenzoic acid and toxicological data on the metabolites convertible to 2,4-dichlorobenzoic acid as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

0110010

Grapefruits

0110030

Lemons

0110040

Limes

0110050

Mandarins

0130010

Apples

0140010

Apricots

0151000

(a)

0151010

Table grapes

0151020

Wine grapes

0163020

Bananas

0401060

Rapeseeds/canola seeds

0500010

Barley

0500050

Oat

0500060

Rice

0500070

Rye

0500090

Wheat

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish

| (+) | The European Food Safety Authority identified some information on residue trials that include analysis of parent and metabolites convertible to 2,4-dichlorobenzoic acid and toxicological data on the metabolites convertible to 2,4-dichlorobenzoic acid as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  0900010 | Sugar beet roots |
| --- | --- | --- |

(+)

The European Food Safety Authority identified some information on residue trials that include analysis of parent and metabolites convertible to 2,4-dichlorobenzoic acid and toxicological data on the metabolites convertible to 2,4-dichlorobenzoic acid as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

0900010

Sugar beet roots

| (+) | The European Food Safety Authority identified some information on toxicological data on the metabolites convertible to 2,4-dichlorobenzoic acid as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  1011010 | Muscle |
| --- | --- | --- |
| 1011020 | Fat tissue |
| 1012010 | Muscle |
| 1012020 | Fat tissue |
| 1013010 | Muscle |
| 1013020 | Fat tissue |
| 1014010 | Muscle |
| 1014020 | Fat tissue |
| 1016010 | Muscle |
| 1016020 | Fat tissue |
| 1020010 | Cattle |
| 1020020 | Sheep |
| 1020030 | Goat |
| 1030000 | Birds eggs |
| 1030010 | Chicken |
| 1030020 | Duck |
| 1030030 | Geese |
| 1030040 | Quail |
| 1030990 | Others |

(+)

The European Food Safety Authority identified some information on toxicological data on the metabolites convertible to 2,4-dichlorobenzoic acid as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

1011010

Muscle

1011020

Fat tissue

1012010

Muscle

1012020

Fat tissue

1013010

Muscle

1013020

Fat tissue

1014010

Muscle

1014020

Fat tissue

1016010

Muscle

1016020

Fat tissue

1020010

Cattle

1020020

Sheep

1020030

Goat

1030000

Birds eggs

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others

Spiroxamine (sum of isomers) (A) (R)

| (A) | = | The EU reference labs identified the reference standard for spiroxamine carboxylic acid metabolite M06 as commercially not available. When re-viewing the MRL, the Commission will take into account the commercial availability of the reference standard referred to in the first sentence by 30 March 2017, or, if that reference standard is not commercially available by that date, the unavailability of it. |
| --- | --- | --- |
| (R) | = | The residue definition differs for the following combinations pesticide-code number:
  Spiroxamine — code 1000000 except 1040000 : Spiroxamine carboxylic acid metabolite M06, expressed as spiroxamine (sum of isomers) |

(A)

=

The EU reference labs identified the reference standard for spiroxamine carboxylic acid metabolite M06 as commercially not available. When re-viewing the MRL, the Commission will take into account the commercial availability of the reference standard referred to in the first sentence by 30 March 2017, or, if that reference standard is not commercially available by that date, the unavailability of it.

(R)

=

The residue definition differs for the following combinations pesticide-code number:

Spiroxamine — code 1000000 except 1040000 : Spiroxamine carboxylic acid metabolite M06, expressed as spiroxamine (sum of isomers)

| (+) | The European Food Safety Authority identified some information on storage stability and toxicological data of plant metabolites as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  0151010 | Table grapes |
| --- | --- | --- |
| 0151020 | Wine grapes |

(+)

The European Food Safety Authority identified some information on storage stability and toxicological data of plant metabolites as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

0151010

Table grapes

0151020

Wine grapes

| (+) | The European Food Safety Authority identified some information on toxicological data of plant metabolites as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  0163020 | Bananas |
| --- | --- | --- |

(+)

The European Food Safety Authority identified some information on toxicological data of plant metabolites as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

0163020

Bananas

| (+) | The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  0500010 | Barley |
| --- | --- | --- |
| 0500050 | Oat |
| 0500070 | Rye |
| 0500090 | Wheat |

(+)

The European Food Safety Authority identified some information on storage stability as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

0500010

Barley

0500050

Oat

0500070

Rye

0500090

Wheat

| (+) | The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.







  0840040 | Horseradish |
| --- | --- | --- |

(+)

The applicable maximum residue level for horseradish (Armoracia rusticana) in the spice group (code 0840040 ) is the one set for horseradish (Armoracia rusticana) in the Vegetables category, root and tuber vegetables group (code 0213040 ) taking into account changes in the levels by processing (drying) according to Art. 20 (1) of Regulation (EC) No 396/2005.

0840040

Horseradish

| (+) | The European Food Safety Authority identified some information on feeding studies in accordance with the proposed residue definition as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.







  1016010 | Muscle |
| --- | --- | --- |
| 1016020 | Fat tissue |
| 1016030 | Liver |
| 1030000 | Birds eggs |
| 1030010 | Chicken |
| 1030020 | Duck |
| 1030030 | Geese |
| 1030040 | Quail |
| 1030990 | Others’ |

(+)

The European Food Safety Authority identified some information on feeding studies in accordance with the proposed residue definition as unavailable. When re-viewing the MRL, the Commission will take into account the information referred to in the first sentence, if it is submitted by 30 March 2018, or, if that information is not submitted by that date, the lack of it.

1016010

Muscle

1016020

Fat tissue

1016030

Liver

1030000

Birds eggs

1030010

Chicken

1030020

Duck

1030030

Geese

1030040

Quail

1030990

Others’

| (2) | in Annex III, Part B, the columns for captan, propiconazole and spiroxamine are deleted. |
| --- | --- |

(2)

in Annex III, Part B, the columns for captan, propiconazole and spiroxamine are deleted.

---

(*1)  Indicates lower limit of analytical determination

(1)  For the complete list of products of plant and animal origin to which MRLs apply, reference should be made to Annex I.

---

| 30.3.2016 | EN | Official Journal of the European Union | L 79/28 |
| --- | --- | --- | --- |

30.3.2016

EN

Official Journal of the European Union

L 79/28

---

COMMISSION IMPLEMENTING REGULATION (EU) 2016/453

of 29 March 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, 29 March 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 | EG | 109,3 |
| IL | 136,2 |
| MA | 67,4 |
| SN | 144,4 |
| TR | 94,3 |
| ZZ | 110,3 |
| 0707 00 05 | MA | 77,1 |
| TR | 137,0 |
| ZZ | 107,1 |
| 0709 93 10 | EG | 44,3 |
| MA | 41,8 |
| TR | 159,5 |
| ZZ | 81,9 |
| 0805 10 20 | EG | 51,3 |
| IL | 69,5 |
| MA | 55,6 |
| TN | 69,7 |
| TR | 72,3 |
| ZZ | 63,7 |
| 0805 50 10 | MA | 85,8 |
| TR | 88,5 |
| ZZ | 87,2 |
| 0808 10 80 | BR | 91,0 |
| CL | 130,3 |
| US | 134,5 |
| ZA | 99,3 |
| ZZ | 113,8 |
| 0808 30 90 | AR | 78,4 |
| CL | 163,1 |
| CN | 88,3 |
| TR | 159,2 |
| ZA | 121,7 |
| ZZ | 122,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

EG

109,3

IL

136,2

MA

67,4

SN

144,4

TR

94,3

ZZ

110,3

0707 00 05

MA

77,1

TR

137,0

ZZ

107,1

0709 93 10

EG

44,3

MA

41,8

TR

159,5

ZZ

81,9

0805 10 20

EG

51,3

IL

69,5

MA

55,6

TN

69,7

TR

72,3

ZZ

63,7

0805 50 10

MA

85,8

TR

88,5

ZZ

87,2

0808 10 80

BR

91,0

CL

130,3

US

134,5

ZA

99,3

ZZ

113,8

0808 30 90

AR

78,4

CL

163,1

CN

88,3

TR

159,2

ZA

121,7

ZZ

122,1

---

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

---

DECISIONS

| 30.3.2016 | EN | Official Journal of the European Union | L 79/30 |
| --- | --- | --- | --- |

30.3.2016

EN

Official Journal of the European Union

L 79/30

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COUNCIL DECISION (EU, Euratom) 2016/454

of 22 March 2016

appointing three Judges to the European Union Civil Service Tribunal

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the fourth paragraph of Article 257 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular paragraph 1 of Article 106a thereof,

Whereas:

| (1) | The mandate of two Judges of the European Union Civil Service Tribunal (‘the Civil Service Tribunal’) has ended with effect from 30 September 2014, and the mandate of a further Judge has ended with effect from 31 August 2015. It is therefore necessary under Article 2 and Article 3(1) of Annex I to the Protocol No 3 on the Statute of the Court of Justice of the European Union, annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, to appoint three Judges to fill those vacancies. |
| --- | --- |

(1)

The mandate of two Judges of the European Union Civil Service Tribunal (‘the Civil Service Tribunal’) has ended with effect from 30 September 2014, and the mandate of a further Judge has ended with effect from 31 August 2015. It is therefore necessary under Article 2 and Article 3(1) of Annex I to the Protocol No 3 on the Statute of the Court of Justice of the European Union, annexed to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community, to appoint three Judges to fill those vacancies.

| (2) | Following a public call for applications published in 2013 (1) with a view to the appointment of two Judges to the Civil Service Tribunal, the Committee set up by Article 3(3) of Annex I to the Protocol No 3 (‘the selection committee’) delivered an opinion on the candidates' suitability to perform the duties of a Judge of the Civil Service Tribunal. The selection committee appended to its opinion a list of six candidates having the most suitable high-level experience. |
| --- | --- |

(2)

Following a public call for applications published in 2013 (1) with a view to the appointment of two Judges to the Civil Service Tribunal, the Committee set up by Article 3(3) of Annex I to the Protocol No 3 (‘the selection committee’) delivered an opinion on the candidates' suitability to perform the duties of a Judge of the Civil Service Tribunal. The selection committee appended to its opinion a list of six candidates having the most suitable high-level experience.

| (3) | Following the political agreement on the reform of the judicial architecture of the European Union that led to the adoption of Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council (2), the Court of Justice presented on 17 November 2015 a proposal for a Regulation of the European Parliament and of the Council on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants with effect from 1 September 2016. |
| --- | --- |

(3)

Following the political agreement on the reform of the judicial architecture of the European Union that led to the adoption of Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council (2), the Court of Justice presented on 17 November 2015 a proposal for a Regulation of the European Parliament and of the Council on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants with effect from 1 September 2016.

| (4) | In these circumstances, for reasons of timing, it is appropriate not to publish a new public call for applications, but rather to draw on the list of the six candidates having the most suitable high-level experience established by the selection committee following the public call for applications published in 2013. |
| --- | --- |

(4)

In these circumstances, for reasons of timing, it is appropriate not to publish a new public call for applications, but rather to draw on the list of the six candidates having the most suitable high-level experience established by the selection committee following the public call for applications published in 2013.

| (5) | It is therefore appropriate to appoint three of the persons included on that list as Judges of the Civil Service Tribunal, ensuring a balanced composition of the Civil Service Tribunal on as broad a geographical basis as possible from among nationals of the Member States and with respect to the national legal systems represented. The three persons on that list having the most suitable high-level experience are Mr Sean VAN RAEPENBUSCH, Mr João SANT'ANNA and Mr Alexander KORNEZOV. Mr João SANT'ANNA and Mr Alexander KORNEZOV should be appointed with effect from the date of entry into force of this Decision. Given that Mr Sean VAN RAEPENBUSCH was already a Judge at the Civil Service Tribunal until 30 September 2014 and continued to hold office pending the Decision of the Council in accordance with Article 5 of Protocol No 3, it is appropriate to appoint him for a new mandate with effect from the day after the end of his previous mandate. |
| --- | --- |

(5)

It is therefore appropriate to appoint three of the persons included on that list as Judges of the Civil Service Tribunal, ensuring a balanced composition of the Civil Service Tribunal on as broad a geographical basis as possible from among nationals of the Member States and with respect to the national legal systems represented. The three persons on that list having the most suitable high-level experience are Mr Sean VAN RAEPENBUSCH, Mr João SANT'ANNA and Mr Alexander KORNEZOV. Mr João SANT'ANNA and Mr Alexander KORNEZOV should be appointed with effect from the date of entry into force of this Decision. Given that Mr Sean VAN RAEPENBUSCH was already a Judge at the Civil Service Tribunal until 30 September 2014 and continued to hold office pending the Decision of the Council in accordance with Article 5 of Protocol No 3, it is appropriate to appoint him for a new mandate with effect from the day after the end of his previous mandate.

| (6) | It follows from Article 2 of Annex I to the Protocol No 3 that any vacancy is to be filled by the appointment of a new Judge for a period of six years. However, upon the application of the proposed Regulation on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants, the Civil Service Tribunal will no longer exist, and the mandate of the three Judges appointed by this Decision will thus end ipso facto on the date preceding that on which that Regulation applies, |
| --- | --- |

(6)

It follows from Article 2 of Annex I to the Protocol No 3 that any vacancy is to be filled by the appointment of a new Judge for a period of six years. However, upon the application of the proposed Regulation on the transfer to the General Court of the European Union of jurisdiction at first instance in disputes between the Union and its servants, the Civil Service Tribunal will no longer exist, and the mandate of the three Judges appointed by this Decision will thus end ipso facto on the date preceding that on which that Regulation applies,

HAS ADOPTED THIS DECISION:

Article 1

The following are hereby appointed as Judges to the European Union Civil Service Tribunal:

| — | Mr Sean VAN RAEPENBUSCH, with effect from 1 October 2014, |
| --- | --- |

—

Mr Sean VAN RAEPENBUSCH, with effect from 1 October 2014,

| — | Mr João SANT'ANNA, with effect from 1 April 2016, |
| --- | --- |

—

Mr João SANT'ANNA, with effect from 1 April 2016,

| — | Mr Alexander KORNEZOV, with effect from 1 April 2016. |
| --- | --- |

—

Mr Alexander KORNEZOV, with effect from 1 April 2016.

Article 2

This Decision shall enter into force on 1 April 2016.

Done at Brussels, 22 March 2016.

For the Council

The President

A.G. KOENDERS

---

(1)  
  OJ C 353, 3.12.2013, p. 11.

1

(2)  Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the European Union (OJ L 341, 24.12.2015, p. 14).

2

---

| 30.3.2016 | EN | Official Journal of the European Union | L 79/32 |
| --- | --- | --- | --- |

30.3.2016

EN

Official Journal of the European Union

L 79/32

---

COUNCIL DECISION (EU) 2016/455

of 22 March 2016

authorising the opening of negotiations on behalf of the European Union on the elements of a draft text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) together with Article 218(3) and (4) thereof,

Having regard to the recommendation from the European Commission,

Whereas:

| (1) | The Union formally concluded the United Nations Convention on the Law of the Sea (UNCLOS) by Council Decision 98/392/EC (1), in respect of those matters governed by the UNCLOS for which competence has been transferred to the Union by its Member States; the Union being thus far the only international organisation which is a party to that Convention within the meaning of Article 305(1)(f) of the UNCLOS and Article 1 of Annex IX thereto. |
| --- | --- |

(1)

The Union formally concluded the United Nations Convention on the Law of the Sea (UNCLOS) by Council Decision 98/392/EC (1), in respect of those matters governed by the UNCLOS for which competence has been transferred to the Union by its Member States; the Union being thus far the only international organisation which is a party to that Convention within the meaning of Article 305(1)(f) of the UNCLOS and Article 1 of Annex IX thereto.

| (2) | As a party to the UNCLOS, the Union, alongside its Member States, has participated in the UN Ad Hoc Open-ended Informal Working Group (the ‘Working Group’) to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. At the last meeting of the Working Group, it was recommended that an international legally binding instrument under the UNCLOS on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (the ‘Instrument’) should be developed. |
| --- | --- |

(2)

As a party to the UNCLOS, the Union, alongside its Member States, has participated in the UN Ad Hoc Open-ended Informal Working Group (the ‘Working Group’) to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. At the last meeting of the Working Group, it was recommended that an international legally binding instrument under the UNCLOS on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (the ‘Instrument’) should be developed.

| (3) | Following the recommendations adopted by the Working Group on 23 January 2015, the UN General Assembly adopted, on 19 June 2015, Resolution 69/292 which establishes, prior to holding an intergovernmental conference, a Preparatory Committee, open to all States Members of the UN, members of specialised agencies and parties to the UNCLOS, to make substantive recommendations to the UN General Assembly on the elements of a draft Instrument. The Preparatory Committee will start its work in 2016 and, by the end of 2017, report on its progress to the Assembly which will decide on the convening and on the starting date of an intergovernmental conference to consider the recommendations of the Preparatory Committee on the elements and to elaborate the text of an international legally binding instrument under the UNCLOS. |
| --- | --- |

(3)

Following the recommendations adopted by the Working Group on 23 January 2015, the UN General Assembly adopted, on 19 June 2015, Resolution 69/292 which establishes, prior to holding an intergovernmental conference, a Preparatory Committee, open to all States Members of the UN, members of specialised agencies and parties to the UNCLOS, to make substantive recommendations to the UN General Assembly on the elements of a draft Instrument. The Preparatory Committee will start its work in 2016 and, by the end of 2017, report on its progress to the Assembly which will decide on the convening and on the starting date of an intergovernmental conference to consider the recommendations of the Preparatory Committee on the elements and to elaborate the text of an international legally binding instrument under the UNCLOS.

| (4) | The Union and its Member States are parties to the UNCLOS. Alongside its Member States, the Union should participate in the negotiations on the elements of a draft Instrument to be developed by the Preparatory Committee. The participation rights of the Union with regard to the meeting of this Committee are covered by paragraph 1(j) of Resolution 69/292. |
| --- | --- |

(4)

The Union and its Member States are parties to the UNCLOS. Alongside its Member States, the Union should participate in the negotiations on the elements of a draft Instrument to be developed by the Preparatory Committee. The participation rights of the Union with regard to the meeting of this Committee are covered by paragraph 1(j) of Resolution 69/292.

| (5) | This decision to open the negotiations and its Negotiating Directives may be followed at a later stage by a further decision with Negotiating Directives for the participation in any intergovernmental conference. |
| --- | --- |

(5)

This decision to open the negotiations and its Negotiating Directives may be followed at a later stage by a further decision with Negotiating Directives for the participation in any intergovernmental conference.

| (6) | The matters covered by the negotiations may fall within the areas of Union competence as well as within the areas of Member States competence, |
| --- | --- |

(6)

The matters covered by the negotiations may fall within the areas of Union competence as well as within the areas of Member States competence,

HAS ADOPTED THIS DECISION:

Article 1

The Commission is hereby authorised to negotiate, on behalf of the Union, as regards matters falling within the Union's competence and in respect of which the Union has adopted rules, on the elements of a draft text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction at meetings of the UN Preparatory Committee established under UN General Assembly Resolution 69/292.

Article 2

The Commission shall conduct the negotiations on behalf of the Union, as regards matters falling within the Union's competence and in respect of which the Union has adopted rules, in line with the Negotiating Directives set out in the Addendum to this Decision. The Negotiating Directives cannot be read as affecting in any way the respective competences of the Union and the Member States.

Article 3

The Commission shall conduct these negotiations in consultation with a special committee that is hereby established. The special committee is the Law of the Sea Working Party (COMAR).

Article 4

To the extent that the subject matter of the negotiations falls within the competences of both the Union and its Member States, the Commission and the Member States should cooperate closely during the negotiating process, with a view to ensuring unity in the international representation of the Union and its Member States.

Article 5

This Decision is addressed to the Commission.

Done at Brussels, 22 March 2016.

For the Council

The President

A.G. KOENDERS

---

(1)  Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).

1

---

| 30.3.2016 | EN | Official Journal of the European Union | L 79/34 |
| --- | --- | --- | --- |

30.3.2016

EN

Official Journal of the European Union

L 79/34

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DECISION (EU) 2016/456 OF THE EUROPEAN CENTRAL BANK

of 4 March 2016

concerning the terms and conditions for European Anti-Fraud Office investigations of the European Central Bank, in relation to the prevention of fraud, corruption and any other illegal activities affecting the financial interests of the Union (ECB/2016/3)

(recast)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

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

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,

Having regard to Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and the Council and Council Regulation (Euratom) No 1074/1999 (1), and in particular Article 4(1) and (7) thereof,

Whereas:

| (1) | Regulation (EU, Euratom) No 883/2013 provides that the European Anti-Fraud Office (hereinafter the ‘Office’) is to initiate and conduct administrative fraud investigations (hereinafter ‘internal investigations’) within the institutions, bodies, offices and agencies established by, or on the basis of, the Treaties for the purpose of fighting fraud, corruption and any other illegal activities affecting the financial interests of the Union. To that end, it investigates serious matters relating to the discharge of professional duties constituting a dereliction of the obligations of officials and other servants of the Union liable to result in disciplinary or, as the case may be, criminal proceedings, or an equivalent failure to discharge obligations on the part of members of institutions and bodies, heads of offices and agencies or staff members of institutions, bodies, offices or agencies not subject to the Staff Regulations of Officials and the Conditions of Employment of other servants of the Union (hereinafter the ‘Staff Regulations’). |
| --- | --- |

(1)

Regulation (EU, Euratom) No 883/2013 provides that the European Anti-Fraud Office (hereinafter the ‘Office’) is to initiate and conduct administrative fraud investigations (hereinafter ‘internal investigations’) within the institutions, bodies, offices and agencies established by, or on the basis of, the Treaties for the purpose of fighting fraud, corruption and any other illegal activities affecting the financial interests of the Union. To that end, it investigates serious matters relating to the discharge of professional duties constituting a dereliction of the obligations of officials and other servants of the Union liable to result in disciplinary or, as the case may be, criminal proceedings, or an equivalent failure to discharge obligations on the part of members of institutions and bodies, heads of offices and agencies or staff members of institutions, bodies, offices or agencies not subject to the Staff Regulations of Officials and the Conditions of Employment of other servants of the Union (hereinafter the ‘Staff Regulations’).

| (2) | For the European Central Bank (ECB) such professional duties and obligations, in particular the obligations relating to professional conduct and professional secrecy, are laid down in (a) the Conditions of Employment for Staff of the European Central Bank, (b) the European Central Bank Staff Rules, (c) Annex IIb to the Conditions of Employment concerning the Conditions of Short-Term Employment, and (d) the European Central Bank Rules for Short-Term Employment, and further guidance is given in (e) the Code of Conduct for the members of the Governing Council (2), (f) the Supplementary Code of Ethics Criteria for the members of the Executive Board of the European Central Bank (3), and (g) the Code of Conduct for the members of the Supervisory Board of the European Central Bank (4) (together referred to hereinafter as the ‘ECB conditions of employment’). |
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(2)

For the European Central Bank (ECB) such professional duties and obligations, in particular the obligations relating to professional conduct and professional secrecy, are laid down in (a) the Conditions of Employment for Staff of the European Central Bank, (b) the European Central Bank Staff Rules, (c) Annex IIb to the Conditions of Employment concerning the Conditions of Short-Term Employment, and (d) the European Central Bank Rules for Short-Term Employment, and further guidance is given in (e) the Code of Conduct for the members of the Governing Council (2), (f) the Supplementary Code of Ethics Criteria for the members of the Executive Board of the European Central Bank (3), and (g) the Code of Conduct for the members of the Supervisory Board of the European Central Bank (4) (together referred to hereinafter as the ‘ECB conditions of employment’).

| (3) | Article 4(1) of Regulation (EU, Euratom) No 883/2013 provides that in relation to protecting the Union's financial interests and fighting fraud and any other illegal activities affecting the financial interests of the Union, the Office ‘shall carry out administrative investigations within the institutions, bodies, offices and agencies’ in accordance with the conditions set out in Regulation (EU, Euratom) No 883/2013 and in the decisions adopted by each institution, body, office or agency. Article 4(7) of Regulation (EU, Euratom) No 883/2013 provides that each institution, body, office and agency is to adopt a decision which ‘shall include, in particular, a rule concerning a duty on the part of officials, other servants, members of institutions or bodies, heads of offices or agencies, or staff members to cooperate with and supply information to the Office, while ensuring the confidentiality of the internal investigation’. In accordance with Union case-law, the Office may open an investigation only on the basis of sufficiently serious suspicions (5). |
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(3)

Article 4(1) of Regulation (EU, Euratom) No 883/2013 provides that in relation to protecting the Union's financial interests and fighting fraud and any other illegal activities affecting the financial interests of the Union, the Office ‘shall carry out administrative investigations within the institutions, bodies, offices and agencies’ in accordance with the conditions set out in Regulation (EU, Euratom) No 883/2013 and in the decisions adopted by each institution, body, office or agency. Article 4(7) of Regulation (EU, Euratom) No 883/2013 provides that each institution, body, office and agency is to adopt a decision which ‘shall include, in particular, a rule concerning a duty on the part of officials, other servants, members of institutions or bodies, heads of offices or agencies, or staff members to cooperate with and supply information to the Office, while ensuring the confidentiality of the internal investigation’. In accordance with Union case-law, the Office may open an investigation only on the basis of sufficiently serious suspicions (5).

| (4) | Pursuant to Recital 12 of Regulation (EU, Euratom) No 883/2013, investigations should be conducted in accordance with the Treaties, in particular Protocol No 7 on the privileges and immunities of the European Union, and should also respect the Staff Regulations, human rights and fundamental freedoms, in particular the principle of fairness, the right of persons involved to express their views on the facts concerning them and the principle that the conclusions of an investigation may be based solely on elements which have evidential value, as well as general principles common to the Member States and recognised by the Court of Justice of the European Union, such as, for instance, the confidentiality of legal advice (legal privilege). To that end, the institutions, bodies, offices and agencies should lay down the terms and conditions under which internal investigations are to be conducted. |
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(4)

Pursuant to Recital 12 of Regulation (EU, Euratom) No 883/2013, investigations should be conducted in accordance with the Treaties, in particular Protocol No 7 on the privileges and immunities of the European Union, and should also respect the Staff Regulations, human rights and fundamental freedoms, in particular the principle of fairness, the right of persons involved to express their views on the facts concerning them and the principle that the conclusions of an investigation may be based solely on elements which have evidential value, as well as general principles common to the Member States and recognised by the Court of Justice of the European Union, such as, for instance, the confidentiality of legal advice (legal privilege). To that end, the institutions, bodies, offices and agencies should lay down the terms and conditions under which internal investigations are to be conducted.

| (5) | Decision ECB/2004/11 (6) was adopted to lay down the terms and conditions under which internal investigations under Regulation (EC) No 1073/1999 of the European Parliament and of the Council (7) were to be conducted in the ECB. In order to take into account that Regulation (EC) No 1073/1999 has been repealed and replaced by Regulation (EU, Euratom) No 883/2013 and that new ECB bodies have been established since the adoption of Decision ECB/2004/11, there is a need to revise the current legal framework. |
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(5)

Decision ECB/2004/11 (6) was adopted to lay down the terms and conditions under which internal investigations under Regulation (EC) No 1073/1999 of the European Parliament and of the Council (7) were to be conducted in the ECB. In order to take into account that Regulation (EC) No 1073/1999 has been repealed and replaced by Regulation (EU, Euratom) No 883/2013 and that new ECB bodies have been established since the adoption of Decision ECB/2004/11, there is a need to revise the current legal framework.

| (6) | Council Regulation (EU) No 1024/2013 (8) established the Supervisory Board as an ECB internal body to plan and execute the specific tasks concerning policies relating to the prudential supervision of credit institutions conferred upon the ECB. On the basis of Article 24(1) and Article 25(5) of Regulation (EU) No 1024/2013, the ECB established an Administrative Board of Review (9) and a Mediation Panel (10). Furthermore, on the basis of Articles 3(1) and 143(1) of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (11), the ECB established joint supervisory teams for the supervision of each significant supervised entity or significant supervised group and on-site inspection teams. Subsequently, on the basis of Articles 9a and 9b of the Rules of Procedure of the European Central Bank (12) respectively, the ECB established an Ethics Committee (13) and an Audit Committee. |
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(6)

Council Regulation (EU) No 1024/2013 (8) established the Supervisory Board as an ECB internal body to plan and execute the specific tasks concerning policies relating to the prudential supervision of credit institutions conferred upon the ECB. On the basis of Article 24(1) and Article 25(5) of Regulation (EU) No 1024/2013, the ECB established an Administrative Board of Review (9) and a Mediation Panel (10). Furthermore, on the basis of Articles 3(1) and 143(1) of Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (11), the ECB established joint supervisory teams for the supervision of each significant supervised entity or significant supervised group and on-site inspection teams. Subsequently, on the basis of Articles 9a and 9b of the Rules of Procedure of the European Central Bank (12) respectively, the ECB established an Ethics Committee (13) and an Audit Committee.

| (7) | This Decision should apply to the members of joint supervisory teams and on-site inspection teams who are not subject to the ECB conditions of employment. Members of staff of national competent authorities who are members of joint supervisory teams and on-site inspection teams fall within the ECB's sphere of control in matters related to their work on tasks conferred upon the ECB under Regulation (EU) No 1024/2013. Article 6(1) of Regulation (EU) No 1024/2013 provides that the ECB is responsible for the effective and consistent functioning of the Single Supervisory Mechanism (SSM). Articles 6(1) and 146(1) of Regulation (EU) No 468/2014 (ECB/2014/17) provide that the members of joint supervisory teams and on-site inspection teams are subject to the instructions of the respective team coordinator. These provisions are based on Article 6(7) of Regulation (EU) No 1024/2013, which requires the ECB to adopt a framework to organise the practical arrangements for the implementation of the cooperation within the SSM. |
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(7)

This Decision should apply to the members of joint supervisory teams and on-site inspection teams who are not subject to the ECB conditions of employment. Members of staff of national competent authorities who are members of joint supervisory teams and on-site inspection teams fall within the ECB's sphere of control in matters related to their work on tasks conferred upon the ECB under Regulation (EU) No 1024/2013. Article 6(1) of Regulation (EU) No 1024/2013 provides that the ECB is responsible for the effective and consistent functioning of the Single Supervisory Mechanism (SSM). Articles 6(1) and 146(1) of Regulation (EU) No 468/2014 (ECB/2014/17) provide that the members of joint supervisory teams and on-site inspection teams are subject to the instructions of the respective team coordinator. These provisions are based on Article 6(7) of Regulation (EU) No 1024/2013, which requires the ECB to adopt a framework to organise the practical arrangements for the implementation of the cooperation within the SSM.

| (8) | In adopting this Decision, it is incumbent on the ECB to justify any restrictions on internal investigations affecting the specific tasks and duties entrusted to the ECB by Articles 127 and 128 of the Treaty and by Regulation (EU) No 1024/2013. Such restrictions should ensure the confidentiality necessary for certain ECB information and give effect to the legislator's intention of reinforcing the fight against fraud. Other than for these specific tasks and duties, the ECB should be treated, also for the purposes of this Decision, as a public entity similar to other Union institutions and bodies. |
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(8)

In adopting this Decision, it is incumbent on the ECB to justify any restrictions on internal investigations affecting the specific tasks and duties entrusted to the ECB by Articles 127 and 128 of the Treaty and by Regulation (EU) No 1024/2013. Such restrictions should ensure the confidentiality necessary for certain ECB information and give effect to the legislator's intention of reinforcing the fight against fraud. Other than for these specific tasks and duties, the ECB should be treated, also for the purposes of this Decision, as a public entity similar to other Union institutions and bodies.

| (9) | In exceptional cases, the circulation outside the ECB of some of the confidential information it holds in order to perform its tasks could seriously undermine the ECB's functioning. In such cases, the decision on granting the Office access to information or transmitting information to it should be taken by the Executive Board. Access should be granted to information that is more than one year old in areas such as monetary policy decisions, or operations related to the management of foreign reserves and interventions on foreign exchange markets. Restrictions in other areas, such as in relation to information concerning the tasks conferred upon the ECB by Regulation (EU) No 1024/2013, data received by the ECB from national competent authorities regarding the stability of the financial system or individual credit institutions, and information regarding the security features and technical specifications of current and future euro banknotes, should not be limited to specific periods of time. Although this Decision should limit to certain specific areas of activity the scope of information whose circulation outside the ECB could seriously undermine the ECB's functioning, it is necessary to provide for the possibility of adapting the Decision to cover unforeseen developments to ensure that the ECB continues to fulfil the tasks assigned to it by the Treaty. |
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(9)

In exceptional cases, the circulation outside the ECB of some of the confidential information it holds in order to perform its tasks could seriously undermine the ECB's functioning. In such cases, the decision on granting the Office access to information or transmitting information to it should be taken by the Executive Board. Access should be granted to information that is more than one year old in areas such as monetary policy decisions, or operations related to the management of foreign reserves and interventions on foreign exchange markets. Restrictions in other areas, such as in relation to information concerning the tasks conferred upon the ECB by Regulation (EU) No 1024/2013, data received by the ECB from national competent authorities regarding the stability of the financial system or individual credit institutions, and information regarding the security features and technical specifications of current and future euro banknotes, should not be limited to specific periods of time. Although this Decision should limit to certain specific areas of activity the scope of information whose circulation outside the ECB could seriously undermine the ECB's functioning, it is necessary to provide for the possibility of adapting the Decision to cover unforeseen developments to ensure that the ECB continues to fulfil the tasks assigned to it by the Treaty.

| (10) | This Decision should take into account that the members of the ECB's Governing Council and General Council who are not also members of the ECB's Executive Board exercise national functions in addition to their functions within the European System of Central Banks, and that the members of the ECB's Supervisory Board, Mediation Panel, joint supervisory teams and on-site inspection teams who are representatives of the national competent authorities of the participating Member States also exercise national functions in addition to their tasks under Regulation (EU) No 1024/2013. Exercising such national functions is a matter for national law, which falls outside the scope of the internal investigations of the Office. This Decision should therefore only apply to the professional activities of such persons undertaken in their capacity as members of the ECB's Governing Council, General Council, Supervisory Board, Mediation Panel, joint supervisory teams and on-site inspection teams. |
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(10)

This Decision should take into account that the members of the ECB's Governing Council and General Council who are not also members of the ECB's Executive Board exercise national functions in addition to their functions within the European System of Central Banks, and that the members of the ECB's Supervisory Board, Mediation Panel, joint supervisory teams and on-site inspection teams who are representatives of the national competent authorities of the participating Member States also exercise national functions in addition to their tasks under Regulation (EU) No 1024/2013. Exercising such national functions is a matter for national law, which falls outside the scope of the internal investigations of the Office. This Decision should therefore only apply to the professional activities of such persons undertaken in their capacity as members of the ECB's Governing Council, General Council, Supervisory Board, Mediation Panel, joint supervisory teams and on-site inspection teams.

| (11) | This Decision should also take into account that the external members of the ECB's Administrative Board of Review, Audit Committee and Ethics Committee may exercise other functions in addition to their mandates. Exercising such functions falls outside the scope of the internal investigations of the Office. This Decision should therefore only apply to the professional activities of such persons undertaken in their capacity as members of the ECB's Administrative Board of Review, Audit Committee and Ethics Committee. |
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(11)

This Decision should also take into account that the external members of the ECB's Administrative Board of Review, Audit Committee and Ethics Committee may exercise other functions in addition to their mandates. Exercising such functions falls outside the scope of the internal investigations of the Office. This Decision should therefore only apply to the professional activities of such persons undertaken in their capacity as members of the ECB's Administrative Board of Review, Audit Committee and Ethics Committee.

| (12) | Article 37.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) provides that members of the governing bodies and the staff of the ECB are required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy. Article 27(1) of Regulation (EU) No 1024/2013 provides that members of the Supervisory Board, staff of the ECB and staff seconded by participating Member States carrying out supervisory duties, even after their duties have ceased, are subject to the same professional secrecy requirements. Article 22(1) of Decision ECB/2014/16 and Article 2(4) of Decision (EU) 2015/433 (ECB/2014/59) respectively provide the same for members of the ECB's Administrative Board of Review and their alternates and for members of the ECB's Ethics Committee. Paragraph 6 of the Audit Committee mandate (14) provides that the members of the Audit Committee shall not divulge any information of a confidential nature coming to their knowledge during the performance of their duties to persons or bodies outside the ECB/Eurosystem. Under Article 10 of Regulation (EU, Euratom) No 883/2013, the Office and its employees are subject to the same conditions of confidentiality and professional secrecy as those applying to ECB staff under the Statute of the ESCB and the ECB conditions of employment. |
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(12)

Article 37.1 of the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’) provides that members of the governing bodies and the staff of the ECB are required, even after their duties have ceased, not to disclose information of the kind covered by the obligation of professional secrecy. Article 27(1) of Regulation (EU) No 1024/2013 provides that members of the Supervisory Board, staff of the ECB and staff seconded by participating Member States carrying out supervisory duties, even after their duties have ceased, are subject to the same professional secrecy requirements. Article 22(1) of Decision ECB/2014/16 and Article 2(4) of Decision (EU) 2015/433 (ECB/2014/59) respectively provide the same for members of the ECB's Administrative Board of Review and their alternates and for members of the ECB's Ethics Committee. Paragraph 6 of the Audit Committee mandate (14) provides that the members of the Audit Committee shall not divulge any information of a confidential nature coming to their knowledge during the performance of their duties to persons or bodies outside the ECB/Eurosystem. Under Article 10 of Regulation (EU, Euratom) No 883/2013, the Office and its employees are subject to the same conditions of confidentiality and professional secrecy as those applying to ECB staff under the Statute of the ESCB and the ECB conditions of employment.

| (13) | Under Article 7(3) of Regulation (EU, Euratom) No 883/2013, the national competent authorities, in conformity with national rules, give the necessary assistance to enable the staff of the Office to fulfil their tasks effectively. The Government of the Federal Republic of Germany and the ECB are signatories to a Headquarters Agreement dated 18 September 1998 (15), which implements Protocol No 7 on the privileges and immunities of the European Union in respect of the ECB and contains provisions regarding the inviolability of the ECB's premises, archives, and communications, and on the diplomatic privileges and immunities of the members of the ECB's Executive Board. |
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(13)

Under Article 7(3) of Regulation (EU, Euratom) No 883/2013, the national competent authorities, in conformity with national rules, give the necessary assistance to enable the staff of the Office to fulfil their tasks effectively. The Government of the Federal Republic of Germany and the ECB are signatories to a Headquarters Agreement dated 18 September 1998 (15), which implements Protocol No 7 on the privileges and immunities of the European Union in respect of the ECB and contains provisions regarding the inviolability of the ECB's premises, archives, and communications, and on the diplomatic privileges and immunities of the members of the ECB's Executive Board.

| (14) | Given the replacement of Regulation (EC) No 1073/1999 by Regulation (EU, Euratom) No 883/2013 and the substantial number of amendments necessary, Decision ECB/2004/11 should be repealed and replaced by this Decision, |
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(14)

Given the replacement of Regulation (EC) No 1073/1999 by Regulation (EU, Euratom) No 883/2013 and the substantial number of amendments necessary, Decision ECB/2004/11 should be repealed and replaced by this Decision,

HAS ADOPTED THIS DECISION:

Article 1

Scope of application

This Decision applies to:

| — | members of the ECB's Governing and General Councils, in matters related to their function as members of these ECB decision-making bodies, |
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—

members of the ECB's Governing and General Councils, in matters related to their function as members of these ECB decision-making bodies,

| — | members of the ECB's Executive Board, |
| --- | --- |

—

members of the ECB's Executive Board,

| — | members of the ECB's Supervisory Board, in matters related to their function as members of that body, |
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—

members of the ECB's Supervisory Board, in matters related to their function as members of that body,

| — | members of the ECB's Administrative Board of Review, in matters related to their function as members of that body, |
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—

members of the ECB's Administrative Board of Review, in matters related to their function as members of that body,

| — | members of the ECB's Mediation Panel, in matters related to their function as members of that body, |
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—

members of the ECB's Mediation Panel, in matters related to their function as members of that body,

| — | members of the ECB's Audit Committee, in matters related to their function as members of that body, |
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—

members of the ECB's Audit Committee, in matters related to their function as members of that body,

| — | members of the ECB's Ethics Committee, in matters related to their function as members of that body, |
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—

members of the ECB's Ethics Committee, in matters related to their function as members of that body,

| — | members of the governing bodies or any member of staff of the national central banks or national competent authorities, who participate in the meetings of the ECB's Governing and General Councils and Supervisory Board as alternates and/or accompanying persons in matters related to that function |
| --- | --- |

—

members of the governing bodies or any member of staff of the national central banks or national competent authorities, who participate in the meetings of the ECB's Governing and General Councils and Supervisory Board as alternates and/or accompanying persons in matters related to that function

(hereinafter jointly referred to as ‘participants in the decision-making and other bodies’), and

| — | permanent or temporary ECB members of staff, who are subject to the ECB conditions of employment, |
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—

permanent or temporary ECB members of staff, who are subject to the ECB conditions of employment,

| — | persons working for the ECB other than on the basis of an employment contract, including members of staff of national competent authorities who are members of joint supervisory teams and on-site inspection teams, in matters related to their work for the ECB |
| --- | --- |

—

persons working for the ECB other than on the basis of an employment contract, including members of staff of national competent authorities who are members of joint supervisory teams and on-site inspection teams, in matters related to their work for the ECB

(hereinafter jointly referred to as ‘relevant persons’).

Article 2

Duty to cooperate with the Office

Without prejudice to the relevant provisions of the Treaties, Protocol No 7 on the privileges and immunities of the European Union, the Statute of the ESCB and the Staff Regulations, with full respect for human rights, fundamental freedoms and the general principles common to the Member States and subject to the procedures laid down in Regulation (EU, Euratom) No 883/2013 and to the rules laid down in this Decision, participants in the decision-making and other bodies and relevant persons shall cooperate with and supply information to the Office, while ensuring the confidentiality of an internal investigation.

Article 3

Duty to report any information about illegal activity

1.   Relevant persons who become aware of information which gives rise to a suspicion of the existence of possible cases of fraud, corruption or any other illegal activity affecting the Union's financial interests shall without delay provide either the Director Internal Audit, the senior manager in charge of their business area, or the member of the Executive Board who is primarily responsible for their business area with such information. The latter persons shall without delay transmit the information to the Director-General Secretariat. Relevant persons must in no way suffer inequitable or discriminatory treatment as a result of having communicated the information referred to in this Article.

2.   Participants in the decision-making and other bodies who become aware of information as referred to in paragraph 1 shall inform the Director-General Secretariat or the President.

3.   When the Director-General Secretariat or, where appropriate, the President receives information in accordance with paragraphs 1 or 2, they shall, subject to Article 4 of this Decision, transmit it without delay to the Office and inform the Directorate Internal Audit and, where appropriate, the President.

4.   In cases in which a participant in the decision-making and other bodies or a relevant person has concrete information supporting the possible existence of a case of fraud or corruption or any other illegal activity within the meaning of paragraph 1, and, at the same time, has justified reasons to consider that the procedure provided for in the above paragraphs would prevent in that specific case the proper reporting of such information to the Office, they may report directly to the Office without being subject to Article 4.

Article 4

Cooperation with the Office with regard to sensitive information

1.   In exceptional cases, in which the circulation of certain information outside the ECB could seriously undermine the ECB's functioning, the decision on whether to grant the Office access to such information or to transmit such information to it shall be taken by the Executive Board. This shall apply to: information concerning monetary policy decisions, or operations related to the management of foreign reserves and interventions on foreign exchange markets, provided that such information is less than one year old; information concerning the tasks conferred upon the ECB by Regulation (EU) No 1024/2013; data received by the ECB from the national competent authorities regarding the stability of the financial system or individual credit institutions; and information concerning the euro banknotes' security features and technical specifications.

2.   Any such decision of the Executive Board shall take all relevant factors into account, such as the degree of sensitivity of the information required by the Office for the investigation, its importance for the investigation and the seriousness of the suspicion as presented by the Office, by the participant in the decision-making and other bodies or the relevant person to the President, and the degree of risk for the ECB's future functioning. If access is not granted, the decision shall state the reasons for this. With regard to data that the ECB receives on the stability of the financial system or individual credit institutions, the Executive Board may decide not to grant the Office access if it or the relevant national competent authority considers that disclosing the information concerned would place the stability of the financial system or the individual credit institution at risk.

3.   In very exceptional cases that concern information related to a particular area of ECB activity, of equivalent sensitivity to the categories of information referred to in paragraph 1, the Executive Board may provisionally decide not to grant the Office access to such information. Paragraph 2 shall apply to such decisions, which shall be valid for a maximum of six months. Thereafter, the Office shall be granted access to the information concerned, unless the Governing Council has in the meantime amended the present Decision by adding the category of information concerned to the categories covered by paragraph 1.

Article 5

Assistance from the ECB in internal investigations

1.   When initiating an internal investigation of the ECB, the Office's agents shall be granted access to the ECB's premises by the manager in charge of ECB security upon production of a written authorisation issued by the Director-General of the Office, which indicates the following:

| (a) | the agents' identity and job title in the Office; |
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(a)

the agents' identity and job title in the Office;

| (b) | the subject matter and purpose of the investigation; |
| --- | --- |

(b)

the subject matter and purpose of the investigation;

| (c) | the legal bases for conducting the investigation and the investigative powers arising from those bases. |
| --- | --- |

(c)

the legal bases for conducting the investigation and the investigative powers arising from those bases.

The President, the Vice-President and the Director Internal Audit shall be informed immediately.

2.   The Directorate Internal Audit shall assist the Office in the practical organisation of investigations.

3.   Participants in the decision-making and other bodies and relevant persons shall supply any requested information to the Office's agents who are conducting an investigation, unless the requested information could be sensitive within the meaning of Article 4, in which case the Executive Board shall decide whether or not the information should be provided. The Directorate Internal Audit shall record all information supplied.

Article 6

Informing interested parties

1.   Where the possible implication of a participant in the decision-making and other bodies or a relevant person in fraud, corruption and any other illegal activity within the meaning of Article 3(1) emerges, the interested party shall be informed rapidly provided that this will not be harmful to the investigation (16). In any event, conclusions referring by name to a participant in the decision-making or other bodies or a relevant person may not be drawn without the interested party being given the opportunity to express their views on all the facts relating to them, including any evidence existing against them. Interested parties have the right to remain silent, to refrain from incriminating themselves and to seek personal legal assistance.

2.   In cases necessitating the maintenance of absolute secrecy for the purpose of the investigation and/or requiring the use of investigative procedures falling within the remit of a national judicial authority, compliance with the obligation to invite a participant in the decision-making or other bodies or a relevant person to express their views may be deferred for a limited period in agreement with the President or Vice-President.

Article 7

Information on the closing of an investigation with no further action taken

If, following an internal investigation, no case can be made against a participant in the decision-making and other bodies or a relevant person against whom allegations have been made, the internal investigation shall be closed, with no further action taken, by decision of the Director-General of the Office, who shall inform the participant in the decision-making and other bodies or relevant person thereof in writing.

Article 8

Waiver of immunity

Any request from a national police or judicial authority for waiver of applicable immunity from judicial proceedings of a participant in the decision-making and other bodies or a relevant person in possible cases of fraud, corruption and any other illegal activity affecting the financial interests of the Union shall be transmitted to the Director-General of the Office for his opinion. The Governing Council shall decide on any relevant waiver as far as participants in the decision-making and other bodies are concerned, and the Executive Board shall decide on any relevant waiver as far as relevant persons are concerned.

Article 9

Entry into force and repeal

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

2.   Decision ECB/2004/11 is repealed with effect from the twentieth day following the publication of this Decision in the Official Journal of the European Union.

3.   References to Decision ECB/2004/11 shall be construed as references to this Decision.

Done at Frankfurt am Main, 4 March 2016.

The President of the ECB

Mario DRAGHI

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(1)  
  OJ L 248, 18.9.2013, p. 1.

1

(2)  Code of Conduct for the members of the Governing Council (OJ C 123, 24.5.2002, p. 9).

2

(3)  Supplementary Code of Ethics Criteria for the members of the Executive Board of the European Central Bank (in accordance with Article 11.3 of the Rules of Procedure of the European Central Bank) (OJ C 104, 23.4.2010, p. 8).

3

(4)  Code of Conduct for the Members of the Supervisory Board of the European Central Bank (OJ C 93, 20.3.2015, p. 2).

4

(5)  
  Commission of the European Communities v European Central Bank, C-11/00, ECLI:EU:C:2003:395.

5

Commission of the European Communities

European Central Bank

(6)  Decision ECB/2004/11 of 3 June 2004 concerning the terms and conditions for European Anti-Fraud Office investigations of the European Central Bank, in relation to the prevention of fraud, corruption and any other illegal activities detrimental to the European Communities' financial interests and amending the Conditions of Employment for Staff of the European Central Bank (OJ L 230, 30.6.2004, p. 56).

6

(7)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).

7

(8)  Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).

8

(9)  Decision ECB/2014/16 of 14 April 2014 concerning the establishment of an Administrative Board of Review and its Operating Rules (OJ L 175, 14.6.2014, p. 47).

9

(10)  Regulation (EU) No 673/2014 of the European Central Bank of 2 June 2014 concerning the establishment of a Mediation Panel and its Rules of Procedure (ECB/2014/26) (OJ L 179, 19.6.2014, p. 72).

10

(11)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).

11

(12)  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).

12

(13)  Decision (EU) 2015/433 of the European Central Bank of 17 December 2014 concerning the establishment of an Ethics Committee and its Rules of Procedure (ECB/2014/59) (OJ L 70, 14.3.2015, p. 58).

13

(14)  Available on the ECB's website at www.ecb.europa.eu

14

(15)  Federal Official Journal (Bundesgesetzblatt) No 45, 1998 of 27.10.1998 and No 12, 1999 of 6.5.1999.

15

(16)  Article 20 of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1) applies to any restriction on information to be given to data subjects in the event of data processing.

16

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| 30.3.2016 | EN | Official Journal of the European Union | L 79/41 |
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30.3.2016

EN

Official Journal of the European Union

L 79/41

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DECISION (EU) 2016/457 OF THE EUROPEAN CENTRAL BANK

of 16 March 2016

on the eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus (ECB/2016/5)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, Article 18 and the second indent of Article 34.1 thereof,

Having regard to Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (General Documentation Guideline) (ECB/2014/60) (1), and in particular Article 1(4), Titles I, II, IV, V, VI and VIII of Part Four, and Part Six thereof,

Having regard to Guideline ECB/2014/31 of 9 July 2014 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral and amending Guideline ECB/2007/9 (2), and in particular Article 1(3) and Article 8 thereof,

Whereas:

| (1) | Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The standard criteria and minimum credit quality requirements determining the eligibility of marketable assets as collateral for the purposes of Eurosystem monetary policy operations are laid down in Guideline (EU) 2015/510 (ECB/2014/60) and in particular in Article 59 and in Part Four, Title II thereof. |
| --- | --- |

(1)

Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral. The standard criteria and minimum credit quality requirements determining the eligibility of marketable assets as collateral for the purposes of Eurosystem monetary policy operations are laid down in Guideline (EU) 2015/510 (ECB/2014/60) and in particular in Article 59 and in Part Four, Title II thereof.

| (2) | Pursuant to Article 1(4) of Guideline (EU) 2015/510 (ECB/2014/60), the Governing Council may, at any time, change the tools, instruments, requirements, criteria and procedures for the implementation of Eurosystem monetary policy operations. Pursuant to Article 59(6) of Guideline (EU) 2015/510 (ECB/2014/60), the Eurosystem reserves the right to determine whether an issue, issuer, debtor or guarantor fulfils the Eurosystem's credit quality requirements on the basis of any information that the Eurosystem may consider relevant for ensuring adequate risk protection of the Eurosystem. |
| --- | --- |

(2)

Pursuant to Article 1(4) of Guideline (EU) 2015/510 (ECB/2014/60), the Governing Council may, at any time, change the tools, instruments, requirements, criteria and procedures for the implementation of Eurosystem monetary policy operations. Pursuant to Article 59(6) of Guideline (EU) 2015/510 (ECB/2014/60), the Eurosystem reserves the right to determine whether an issue, issuer, debtor or guarantor fulfils the Eurosystem's credit quality requirements on the basis of any information that the Eurosystem may consider relevant for ensuring adequate risk protection of the Eurosystem.

| (3) | By way of derogation from the Eurosystem's credit quality requirements for marketable assets, Article 8 of Guideline ECB/2014/31 provides that the Eurosystem's credit quality thresholds do not apply to marketable debt instruments issued or fully guaranteed by the central governments of euro area Member States under an European Union/International Monetary Fund programme, unless the Governing Council decides that the respective Member State does not comply with the conditionality of the financial support and/or the macroeconomic programme. |
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(3)

By way of derogation from the Eurosystem's credit quality requirements for marketable assets, Article 8 of Guideline ECB/2014/31 provides that the Eurosystem's credit quality thresholds do not apply to marketable debt instruments issued or fully guaranteed by the central governments of euro area Member States under an European Union/International Monetary Fund programme, unless the Governing Council decides that the respective Member State does not comply with the conditionality of the financial support and/or the macroeconomic programme.

| (4) | As an exceptional measure, Decision ECB/2013/13 (3) temporarily suspended the Eurosystem's minimum requirements for credit quality thresholds applicable to marketable debt instruments issued or fully guaranteed by the Republic of Cyprus. After the Republic of Cyprus completed a debt management exercise and there was confirmation that it was complying with the conditionality of the economic and financial adjustment programme it had entered into, Decision ECB/2013/22 (4) once again restored the eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus for Eurosystem monetary policy operations, subject to applying specific haircuts to such instruments, and provided that the Republic of Cyprus should be considered a euro area Member State compliant with a European Union/International Monetary Fund programme. |
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(4)

As an exceptional measure, Decision ECB/2013/13 (3) temporarily suspended the Eurosystem's minimum requirements for credit quality thresholds applicable to marketable debt instruments issued or fully guaranteed by the Republic of Cyprus. After the Republic of Cyprus completed a debt management exercise and there was confirmation that it was complying with the conditionality of the economic and financial adjustment programme it had entered into, Decision ECB/2013/22 (4) once again restored the eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus for Eurosystem monetary policy operations, subject to applying specific haircuts to such instruments, and provided that the Republic of Cyprus should be considered a euro area Member State compliant with a European Union/International Monetary Fund programme.

| (5) | Currently, Article 1(3) of Guideline ECB/2014/31 provides that, for the purposes of Article 8 of that Guideline, the Republic of Cyprus should be considered a euro area Member State compliant with a European Union/International Monetary Fund programme. Moreover, Article 8(3) of that Guideline provides that marketable debt instruments issued or fully guaranteed by the Republic of Cyprus are subject to the specific haircuts set out in Annex II to that Guideline. |
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(5)

Currently, Article 1(3) of Guideline ECB/2014/31 provides that, for the purposes of Article 8 of that Guideline, the Republic of Cyprus should be considered a euro area Member State compliant with a European Union/International Monetary Fund programme. Moreover, Article 8(3) of that Guideline provides that marketable debt instruments issued or fully guaranteed by the Republic of Cyprus are subject to the specific haircuts set out in Annex II to that Guideline.

| (6) | Pursuant to a request made by the Republic of Cyprus, its International Monetary Fund programme was cancelled with effect from 7 March 2016 (5). Pursuant to Article 1 of the Financial Assistance Facility Agreement between the European Stability Mechanism (ESM), the Republic of Cyprus and the Central Bank of Cyprus (6), the termination date of the ESM programme is 31 March 2016. Consequently, from 1 April 2016 the Republic of Cyprus can no longer be considered a Member State under a European Union/International Monetary Fund programme. From that date, the conditions for the temporary suspension of the Eurosystem's credit quality thresholds in respect of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus, as set out in Article 8(2) of Guideline ECB/2014/31, will no longer be fulfilled. |
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(6)

Pursuant to a request made by the Republic of Cyprus, its International Monetary Fund programme was cancelled with effect from 7 March 2016 (5). Pursuant to Article 1 of the Financial Assistance Facility Agreement between the European Stability Mechanism (ESM), the Republic of Cyprus and the Central Bank of Cyprus (6), the termination date of the ESM programme is 31 March 2016. Consequently, from 1 April 2016 the Republic of Cyprus can no longer be considered a Member State under a European Union/International Monetary Fund programme. From that date, the conditions for the temporary suspension of the Eurosystem's credit quality thresholds in respect of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus, as set out in Article 8(2) of Guideline ECB/2014/31, will no longer be fulfilled.

| (7) | Therefore, the Governing Council has decided that from 1 April 2016 the Eurosystem's standard criteria and credit quality thresholds should apply in respect of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus and that such debt instruments will be subject to the standard haircuts set out in Guideline (EU) 2016/65 of the European Central Bank (ECB/2015/35) (7), |
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(7)

Therefore, the Governing Council has decided that from 1 April 2016 the Eurosystem's standard criteria and credit quality thresholds should apply in respect of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus and that such debt instruments will be subject to the standard haircuts set out in Guideline (EU) 2016/65 of the European Central Bank (ECB/2015/35) (7),

HAS ADOPTED THIS DECISION:

Article 1

Eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus

1.   For the purposes of Article 8 of Guideline ECB/2014/31, the Republic of Cyprus shall no longer be considered a Member State under a European Union/International Monetary Fund programme.

2.   The Eurosystem's minimum requirements for credit quality thresholds, as laid down in Guideline (EU) 2015/510 (ECB/2014/60) and in particular in Article 59 and in Part Four, Title II thereof, shall apply to marketable debt instruments issued or fully guaranteed by the Republic of Cyprus.

3.   Marketable debt instruments issued or fully guaranteed by the Republic of Cyprus shall no longer be subject to the specific haircuts set out in Annex II to Guideline ECB/2014/31.

4.   In the event of any discrepancy between this Decision and any of Guideline (EU) 2015/510 (ECB/2014/60) and Guideline ECB/2014/31, as implemented at national level by the national central banks of Member States whose currency is the euro, this Decision shall prevail.

Article 2

Entry into force

This Decision shall enter into force on 1 April 2016.

Done at Frankfurt am Main, 16 March 2016.

The President of the ECB

Mario DRAGHI

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(1)  
  OJ L 91, 2.4.2015, p. 3.

1

(2)  
  OJ L 240, 13.8.2014, p. 28.

2

(3)  Decision ECB/2013/13 of 2 May 2013 on temporary measures relating to the eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus (OJ L 133, 17.5.2013, p. 26).

3

(4)  Decision ECB/2013/22 of 5 July 2013 on temporary measures relating to the eligibility of marketable debt instruments issued or fully guaranteed by the Republic of Cyprus (OJ L 195, 18.7.2013, p. 27).

4

(5)  Statement by Christine Lagarde, Managing Director of the International Monetary Fund, on Cyprus, 7 March 2016, Press Release No 16/94.

5

(6)  Available on the ESM's website at www.esm.europa.eu

6

(7)  Guideline (EU) 2016/65 of the European Central Bank of 18 November 2015 on the valuation haircuts applied in the implementation of the Eurosystem monetary policy framework (ECB/2015/35) (OJ L 14, 21.1.2016, p. 30).

7

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