# Official Journal C 205/2017

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 205 |
| | |
| English edition | Information and Notices | Volume 6029 June 2017 |

ISSN 1977-091X

Official Journal

of the European Union

C 205

English edition

Information and Notices

Volume 6029 June 2017

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2017/C 205/01 | Non-opposition to a notified concentration (Case M.8357 — Asahi/AB Inbev CEE Divestment business) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2017/C 205/01

Non-opposition to a notified concentration (Case M.8357 — Asahi/AB Inbev CEE Divestment business) (
  1
  )

1

1

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| 2017/C 205/02 | Decision of the Bureau of the European Parliament of 12 June 2017 laying down the procedures for implementing Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations | 2 |
| | Council |
| 2017/C 205/03 | Council conclusions to contribute towards halting the rise in Childhood Overweight and Obesity | 46 |
| | European Commission |
| 2017/C 205/04 | Euro exchange rates | 53 |
| 2017/C 205/05 | Explanatory Notes to the Combined Nomenclature of the European Union | 54 |
| 2017/C 205/06 | Explanatory notes to the Combined Nomenclature of the European Union | 55 |
| 2017/C 205/07 | Explanatory notes to the Combined Nomenclature of the European Union | 56 |
| | European Food Safety Authority |
| 2017/C 205/08 | Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission | 57 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

2017/C 205/02

Decision of the Bureau of the European Parliament of 12 June 2017 laying down the procedures for implementing Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations

2

Council

2017/C 205/03

Council conclusions to contribute towards halting the rise in Childhood Overweight and Obesity

46

European Commission

2017/C 205/04

Euro exchange rates

53

2017/C 205/05

Explanatory Notes to the Combined Nomenclature of the European Union

54

2017/C 205/06

Explanatory notes to the Combined Nomenclature of the European Union

55

2017/C 205/07

Explanatory notes to the Combined Nomenclature of the European Union

56

European Food Safety Authority

2017/C 205/08

Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission

57

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2017/C 205/09 | Prior notification of a concentration (Case M.8491 — PGA Group/Groupe Bernard/CDPR) — Candidate case for simplified procedure (
  1
  ) | 58 |
| 2017/C 205/10 | Prior notification of a concentration (Case M.8500 — Central/SIGNA Prime/JVCo) — Candidate case for simplified procedure (
  1
  ) | 59 |
| 2017/C 205/11 | Prior notification of a concentration (Case M.8550 — USSL/Goldman Sachs/Redexis Gas) — Candidate case for simplified procedure (
  1
  ) | 60 |
| 2017/C 205/12 | Prior notification of a concentration (Case M.8456 — INEOS/Forties Pipeline System) — Candidate case for simplified procedure (
  1
  ) | 61 |
| | OTHER ACTS |
| | European Commission |
| 2017/C 205/13 | Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 62 |
| 2017/C 205/14 | Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs | 70 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2017/C 205/09

Prior notification of a concentration (Case M.8491 — PGA Group/Groupe Bernard/CDPR) — Candidate case for simplified procedure (
  1
  )

1

58

2017/C 205/10

Prior notification of a concentration (Case M.8500 — Central/SIGNA Prime/JVCo) — Candidate case for simplified procedure (
  1
  )

1

59

2017/C 205/11

Prior notification of a concentration (Case M.8550 — USSL/Goldman Sachs/Redexis Gas) — Candidate case for simplified procedure (
  1
  )

1

60

2017/C 205/12

Prior notification of a concentration (Case M.8456 — INEOS/Forties Pipeline System) — Candidate case for simplified procedure (
  1
  )

1

61

OTHER ACTS

European Commission

2017/C 205/13

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

62

2017/C 205/14

Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

70

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

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(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 29.6.2017 | EN | Official Journal of the European Union | C 205/1 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/1

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Non-opposition to a notified concentration

(Case M.8357 — Asahi/AB Inbev CEE Divestment business)

(Text with EEA relevance)

(2017/C 205/01)

On 1 March 2017, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8357. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8357. EUR-Lex is the online access to European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

| 29.6.2017 | EN | Official Journal of the European Union | C 205/2 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/2

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DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT

of 12 June 2017

laying down the procedures for implementing Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations

(2017/C 205/02)

THE BUREAU OF THE EUROPEAN PARLIAMENT,

Having regard to the Treaty on European Union, and in particular Article 10(4) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 224 thereof,

Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), and in particular Article 25(1) thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (2) (‘the Financial Regulation’),

Having regard to Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 (3) (‘the Rules of Application of the Financial Regulation’),

Having regard to the Commission Delegated Regulation (EU, Euratom) 2015/2401 of 2 October 2015 on the content and functioning of the Register of European political parties and foundations (4),

Having regard to the European Parliament’s Rules of Procedure (‘the Rules of Procedure’), and in particular Rules 25(11) and 223a thereof,

Whereas:

| (1) | There is a need to lay down the procedures for implementing Regulation (EU, Euratom) No 1141/2014. |
| --- | --- |

(1)

There is a need to lay down the procedures for implementing Regulation (EU, Euratom) No 1141/2014.

| (2) | For reasons of sound financial management and transparency, each funding application shall be the subject of a decision of the Bureau, which shall be notified to the addressee and shall contain a statement of reasons in case the measure affects the addressee adversely, |
| --- | --- |

(2)

For reasons of sound financial management and transparency, each funding application shall be the subject of a decision of the Bureau, which shall be notified to the addressee and shall contain a statement of reasons in case the measure affects the addressee adversely,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter

This Decision lays down the applicable procedures for implementing Regulation (EU, Euratom) No 1141/2014.

Unless stated otherwise, this Decision applies to both European political parties and to European political foundations.

The Annexes to this Decision form an integral part of it.

Article 2

Definitions

For the purpose of this Decision:

| (1) | ‘applicant’ means the party or the foundation that files an application for funding pursuant to Article 18 of Regulation (EU, Euratom) No 1141/2014, following either a call for contributions or a call for proposals; |
| --- | --- |

(1)

‘applicant’ means the party or the foundation that files an application for funding pursuant to Article 18 of Regulation (EU, Euratom) No 1141/2014, following either a call for contributions or a call for proposals;

| (2) | ‘authorising officer by delegation’ means the staff member to whom the powers of the authorising officer have been delegated in accordance with Bureau Decision of 16 June 2014 (5) and the decision of the Secretary-General on the delegation of the authorising officer’s duties; |
| --- | --- |

(2)

‘authorising officer by delegation’ means the staff member to whom the powers of the authorising officer have been delegated in accordance with Bureau Decision of 16 June 2014 (5) and the decision of the Secretary-General on the delegation of the authorising officer’s duties;

| (3) | ‘authority’ means the same as ‘Authority for European Political Parties and European Political Foundations’ in Article 6 of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(3)

‘authority’ means the same as ‘Authority for European Political Parties and European Political Foundations’ in Article 6 of Regulation (EU, Euratom) No 1141/2014;

| (4) | ‘beneficiary’ means the party which has been awarded a contribution or the foundation which has been awarded a grant pursuant to Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(4)

‘beneficiary’ means the party which has been awarded a contribution or the foundation which has been awarded a grant pursuant to Regulation (EU, Euratom) No 1141/2014;

| (5) | ‘final funding amount’ means either the final contribution amount (for parties) or the final grant amount (for foundations), established by the Bureau following its decision on the annual report; |
| --- | --- |

(5)

‘final funding amount’ means either the final contribution amount (for parties) or the final grant amount (for foundations), established by the Bureau following its decision on the annual report;

| (6) | ‘foundation’ means the same as ‘European political foundation’ in point (4) of Article 2 of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(6)

‘foundation’ means the same as ‘European political foundation’ in point (4) of Article 2 of Regulation (EU, Euratom) No 1141/2014;

| (7) | ‘funding’ means either a contribution within the meaning of Title VIII of Part Two of the Financial Regulation (for parties) or an operating grant within the meaning of Title VI of Part One of the Financial Regulation (for foundations); |
| --- | --- |

(7)

‘funding’ means either a contribution within the meaning of Title VIII of Part Two of the Financial Regulation (for parties) or an operating grant within the meaning of Title VI of Part One of the Financial Regulation (for foundations);

| (8) | ‘funding decision’ means either the decision on the award of a contribution (for parties) or a grant (for foundations), in accordance with the terms and conditions specified in the call; |
| --- | --- |

(8)

‘funding decision’ means either the decision on the award of a contribution (for parties) or a grant (for foundations), in accordance with the terms and conditions specified in the call;

| (9) | ‘funding procedure’ means the procedure that runs from the submission of applications until approval of the annual report and the adoption of the decision on the final funding amount; |
| --- | --- |

(9)

‘funding procedure’ means the procedure that runs from the submission of applications until approval of the annual report and the adoption of the decision on the final funding amount;

| (10) | ‘party’ means the same as ‘European political party’ in point (3) of Article 2 of Regulation (EU, Euratom) No 1141/2014. |
| --- | --- |

(10)

‘party’ means the same as ‘European political party’ in point (3) of Article 2 of Regulation (EU, Euratom) No 1141/2014.

Article 3

Calls

1.   After approval by the Bureau, the authorising officer by delegation shall ensure the publication of a call for contributions, as regards parties, and a call for proposals, as regards foundations (‘calls’).

2.   The calls shall specify the deadline, for parties and foundations, to submit their written funding applications to the European Parliament.

3.   The calls shall include the following:

| (a) | the objectives pursued, |
| --- | --- |

(a)

the objectives pursued,

| (b) | the legal framework, |
| --- | --- |

(b)

the legal framework,

| (c) | the timeline of the funding procedure, |
| --- | --- |

(c)

the timeline of the funding procedure,

| (d) | the arrangements for Union financing, |
| --- | --- |

(d)

the arrangements for Union financing,

| (e) | the eligibility and exclusion criteria, |
| --- | --- |

(e)

the eligibility and exclusion criteria,

| (f) | (in the case of foundations only) the selection criteria, |
| --- | --- |

(f)

(in the case of foundations only) the selection criteria,

| (g) | the award criteria, as specified in Article 19 of the Regulation (EU, Euratom) No 1141/2014, |
| --- | --- |

(g)

the award criteria, as specified in Article 19 of the Regulation (EU, Euratom) No 1141/2014,

| (h) | an application form and the structure of the estimated budget that the applicant is to provide with its application, |
| --- | --- |

(h)

an application form and the structure of the estimated budget that the applicant is to provide with its application,

| (i) | if applicable, a list of any supporting documents required, |
| --- | --- |

(i)

if applicable, a list of any supporting documents required,

| (j) | the special and general terms and conditions for the awarding of contributions and grants, as approved by the Bureau. |
| --- | --- |

(j)

the special and general terms and conditions for the awarding of contributions and grants, as approved by the Bureau.

4.   The call for contributions or the call for proposals shall specify that each applicant shall expressly commit itself in writing to complying with the relevant terms and conditions as a condition for its application to be admissible.

Article 4

Funding application

1.   In accordance with Article 18(1) of Regulation (EU, Euratom) No 1141/2014, an applicant wishing to receive funding from the general budget of the Union shall submit a written application to the President of the European Parliament.

2.   The applicant may be invited by the authorising officer by delegation to submit, within a reasonable deadline, further supporting documents or clarifications as regards the application.

Article 5

Decision on the funding application

1.   On the basis of a proposal from the Secretary-General, the Bureau shall decide, within three months after closure of the respective call, on the funding applications after verifying compliance with the criteria laid down in Articles 17 and 18 of Regulation (EU, Euratom) No 1141/2014 and referred to in Article 3(3) of this Decision. The Bureau shall take account of any changes which have occurred in the situation of an applicant subsequent to the submission of the funding application.

2.   If the application is approved, the Bureau shall issue a Funding Decision according to the model laid down in Annex 1a (for parties) or Annex 1b (for foundations), determining the amount awarded to the applicant.

3.   Where an application is rejected, the decision shall state the grounds for rejection.

4.   The funding amount shall be determined in accordance with Article 19 of Regulation (EU, Euratom) No 1141/2014 and is only provisional at this stage. The final funding amount shall be determined in accordance with the procedure laid down in Article 8 of this Decision.

5.   If the amounts per applicant are significantly different from those which were expected at the moment of the publication of the calls referred to in Article 3 of this Decision, the Bureau may invite the President of the European Parliament to submit a proposal to the committee responsible for it to adapt the available appropriations.

Article 6

Payments

1.   The funding shall be paid to beneficiaries in the form of pre-financing, as further specified in the Special Terms and Conditions laid down in Annex 1a (for parties) and Annex 1b (for foundations). Unless the Bureau decides otherwise in duly justified cases, the pre-financing is paid in one instalment of 100 % of the maximum amount of the funding.

2.   On a case-by-case basis and subject to a risk analysis, the Bureau may decide to require a beneficiary to lodge a pre-financing guarantee in accordance with the Financial Regulation.

3.   The provisions regarding payments and their deadlines shall be specified in the Funding Decision.

Article 7

External audit

1.   The European Parliament shall receive directly from the independent external bodies or experts, mandated pursuant to Article 23(3) of Regulation (EU, Euratom) No 1141/2014, the external audit report specified in point (b) of Article 23(1) of Regulation (EU, Euratom) No 1141/2014.

2.   The scope of the external audit is specified in point (b) of Article 23(1) of Regulation (EU, Euratom) No 1141/2014. The purpose of the external audit is further specified in the applicable provisions of Part B of the General Terms and Conditions laid down in Annex 1a (for parties) and Part B of the General Terms and Conditions laid down in Annex 1b (for foundations).

Article 8

Decision on the annual report and on the final funding amount

1.   On the basis of a proposal from the Secretary-General, the Bureau shall approve or reject the annual report by 30 September of the year following the financial year concerned in the annual report.

2.   The Bureau or the authorising officer by delegation may request the beneficiary to submit additional information for the purpose of verifying compliance with the relevant rules.

3.   If such additional information is requested by the Bureau or the authorising officer by delegation, the deadline for the decision on the annual report shall be extended until that additional information has been received and evaluated.

4.   As regards parties, the Bureau shall annually, on the basis of that annual report, determine the amount of reimbursable expenditure. In case of a carry-over of unspent funding to the following financial year, the final funding amount shall be established in accordance with Part B of the General Terms and Conditions laid down in Annex 1a.

5.   As regards foundations, the final amount of the grant shall be determined on the basis of the annual report.

6.   The final funding amount shall not exceed:

| (a) | the maximum amount of the funding laid down in the Funding Decision; |
| --- | --- |

(a)

the maximum amount of the funding laid down in the Funding Decision;

| (b) | 85 % of either the reimbursable or eligible expenditure actually incurred. |
| --- | --- |

(b)

85 % of either the reimbursable or eligible expenditure actually incurred.

7.   On the basis of the final funding amount determined in accordance with paragraphs 4 to 6, and the pre-financing payments previously made under the Funding Decision, the authorising officer by delegation determines the amounts due to the beneficiary or to the European Parliament.

8.   The final funding amount shall be determined without prejudice to the right of the European Parliament to undertake ex post controls in accordance with Part B of the General Terms and Conditions set out in Annex 1a (for parties) and in Part B of the General Terms and Conditions set out in Annex 1b (for foundations) and the possibility to adjust the final funding amount retroactively.

9.   The decisions adopted under this Article shall be notified to the beneficiary as a uniform decision, in accordance with Rule 223a(1) of the Rules of Procedure.

10.   The applicable procedure for the approval of the annual report and the adoption of the decision on the final funding amount is further specified in Part B of the General Terms and Conditions laid down in Annex 1a (for parties) and in Part B of the General Terms and Conditions laid down in Annex 1b (for foundations).

11.   The Bureau or the authorising officer by delegation may consult the Authority, in accordance with Article 6(9) of Regulation (EU, Euratom) No 1141/2014, with a view to requesting additional information which it considers to be relevant for the approval of the annual report or for the adoption of the decision on the final funding amount.

Article 9

Suspension procedure

1.   In accordance with the applicable rules of the Financial Regulation and with the applicable provisions of Part A of the General Terms and Conditions laid down in Annex 1a (for parties) and Part A of the General Terms and Conditions laid down in Annex 1b (for foundations), the Bureau may decide, upon proposal by the Secretary-General, to suspend the payment of the funding for a political party or foundation and to decide on the resumption of payment where the grounds for such suspension no longer apply. The authorising officer by delegation shall be competent to initiate such procedure and to take all necessary steps, in accordance with Part A of the General Terms and Conditions laid down in Annex 1a (for parties) and Part A of the General Terms and Conditions laid down in Annex 1b (for foundations), prior to such decision of the Bureau.

2.   The third subparagraph of Article 223a(1) of the Rules of Procedure shall apply to decisions adopted by the Bureau under this Article.

Article 10

Withdrawal of the Funding Decision

1.   In accordance with Regulation (EU, Euratom) No 1141/2014, and in particular Article 30 thereof, with the applicable rules of the Financial Regulation and with Part A of the General Terms and Conditions laid down in Annex 1a (for parties) and Part A of the General Terms and Conditions laid down in Annex 1b (for foundations), the Bureau may decide, upon proposal by the Secretary-General, to withdraw the funding decision. The authorising officer by delegation shall be competent to initiate such procedure and to take all necessary steps, in accordance with Part A of the General Terms and Conditions laid down in Annex 1a (for parties) and Part A of the General Terms and Conditions laid down in Annex 1b (for foundations), prior to such decision of the Bureau.

2.   The third subparagraph of Article 223a(1) of the Rules of Procedure shall apply to decisions adopted by the Bureau under this Article.

3.   The authorising officer by delegation shall have the power to issue the necessary recovery orders.

Article 11

Termination of the Funding Decision

1.   In accordance with Regulation (EU, Euratom) No 1141/2014, and in particular Articles 27 and 30 thereof, with the applicable rules of the Financial Regulation and with Part A of the General Terms and Conditions laid down in Annex 1a (for parties) and Part A of the General Terms and Conditions laid down in Annex 1b (for foundations), the Bureau may decide, upon proposal by the Secretary-General, to terminate the funding decision. The authorising officer by delegation shall be competent to initiate such procedure and to take all necessary steps, in accordance with Part A of the General Terms and Conditions laid down in Annex 1a (for parties) and Part A of the General Terms and Conditions laid down in Annex 1b (for foundations), prior to such decision of the Bureau.

2.   The third subparagraph of Article 223a(1) of the Rules of Procedure shall apply to decisions adopted by the Bureau under this Article.

3.   The authorising officer by delegation shall have the power to issue the necessary recovery orders.

Article 12

Control

The Funding Decision shall expressly provide for the rights of the European Parliament and other competent authorities to exercise their powers of control in respect of the beneficiary, as referred to in Articles 24 and 25 of Regulation (EU, Euratom) No 1141/2014.

Article 13

Technical assistance

In accordance with Article 26 of Regulation (EU, Euratom) No 1141/2014, beneficiaries may apply for technical assistance, in accordance with the Bureau decision of 14 March 2000 governing the use of Parliament’s premises by outside bodies, as amended, and any other form of technical assistance provided for by rules adopted subsequently by the Bureau. The Bureau may delegate to the Secretary-General the power to take decisions concerning the technical assistance.

Article 14

Right to be heard

In the cases in which, under the applicable Funding Decision, including its Special and General Terms and Conditions, the beneficiary is entitled, prior to any decision adopted by Parliament, to submit its observations, the beneficiary shall be given a period of 10 working days, unless the applicable rules provide otherwise, to submit its written observations. This period may, upon a reasoned request by the beneficiary, be extended once by another 10 working days.

Article 15

Repeal, entry into force and effective application

1.   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union. It shall apply as from the funding award procedure of the budget year 2018.

2.   The Decision of the Bureau of the European Parliament of 29 March 2004 (6) is repealed from the day of entry into force of this Decision. It shall, however, continue to apply as regards acts and commitments relating to pending procedures in respect of funding of political parties and foundations at European level which are governed by Regulation (EC) No 2004/2003 of the European Parliament and of the Council (7).

Article 16

Publication

This Decision shall be published in the Official Journal of the European Union and on the website of the European Parliament.

Annexes — model Funding Decisions:

| | Annex 1a — model Contribution Decision — party |
| --- | --- |

Annex 1a — model Contribution Decision — party

| | Annex 1b — model Grant Decision — foundation |
| --- | --- |

Annex 1b — model Grant Decision — foundation

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(1)  OJ L 317, 4.11.2014, p. 1.

(2)  OJ L 298, 26.10.2012, p. 1.

(3)  OJ L 362, 31.12.2012, p. 1.

(4)  OJ L 333, 19.12.2015, p. 50.

(5)  Bureau Decision of 16 June 2014 on internal rules on the implementation of the European Parliament’s Budget.

(6)  Decision of the Bureau of the European Parliament of 29 March 2004 laying down the procedures for implementing Regulation (EC) No 2004/2003 of the European Parliament and of the Council on the regulations governing political parties at European level and the rules regarding their funding (OJ C 63, 4.3.2014, p. 1), as amended by Decision of the Bureau of 7 October 2015 (OJ C 428, 19.12.2015, p. 1).

(7)  Regulation (EC) No 2004/2003 of the European Parliament and of the Council of 4 November 2003 on the regulations governing political parties at European level and the rules regarding their funding (OJ L 297, 15.11.2003, p. 1).

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ANNEX 1a

[MODEL] CONTRIBUTION DECISION — PARTY

NUMBER: ...[INSERT]...

Having regard to the Treaty on European Union, and in particular Article 10(4) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 224 thereof,

Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), and in particular Article 25(1) thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (2) (‘the Financial Regulation’),

Having regard to Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 (3) (‘the Rules of Application of the Financial Regulation’),

Having regard to the Commission Delegated Regulation (EU, Euratom) 2015/2401 of 2 October 2015 on the content and functioning of the Register of European political parties and foundations (4),

Having regard to the Rules of Procedure of the European Parliament, and in particular Rule 25(11) thereof,

Having regard to the Decision of the Bureau of the European Parliament of 12 June 2017 (5) laying down the procedures for implementing Regulation (EU, Euratom) No 1141/2014,

Having regard to the terms and conditions laid down by the European Parliament in the call for contributions with a view to awarding funding to political parties at European level,

Whereas:

| (1) | Article 10(4) of the Treaty on European Union provides that the political parties at European level are to contribute to forming European political awareness and to expressing the will of citizens of the Union. |
| --- | --- |

(1)

Article 10(4) of the Treaty on European Union provides that the political parties at European level are to contribute to forming European political awareness and to expressing the will of citizens of the Union.

| (2) | This decision is the result of a call for contributions by which the applicants were informed of the model Funding Decision, including the terms and conditions. |
| --- | --- |

(2)

This decision is the result of a call for contributions by which the applicants were informed of the model Funding Decision, including the terms and conditions.

| (3) | [the beneficiary] introduced a request for financing on [date of reception by the European Parliament], and explicitly agreed to the terms and conditions of the Funding Decision, |
| --- | --- |

(3)

[the beneficiary] introduced a request for financing on [date of reception by the European Parliament], and explicitly agreed to the terms and conditions of the Funding Decision,

THE BUREAU OF THE EUROEAN PARLIAMENT HAS EXAMINED the request in its meeting of [date] and HAS ADOPTED THIS DECISION:

Direct financial contributions within the meaning of Article 204a of the Financial Regulation (‘funding’) are awarded to:

| [full official name of the beneficiary] |
| --- |
| [official legal form] |
| [legal registration No] |
| [full official address] |
| [VAT number], |
| (‘the beneficiary’), |

[full official name of the beneficiary]

[official legal form]

[legal registration No]

[full official address]

[VAT number],

(‘the beneficiary’),

represented, for the purposes of this Funding Decision by:

...[representative entitled to enter into legal commitments]...,

to support the beneficiary's statutory activities and objectives,

under the terms and conditions set out in the call for contributions and the present Contribution Decision (‘the Funding Decision’), including its Special Terms and Conditions, the General Terms and Conditions and the estimated budget in the Annex which shall form an integral part of this Funding Decision.

The provisions of the Special Terms and Conditions shall take precedence over those of the other parts of this Decision. The provisions of the General Terms and Conditions shall take precedence over those of the other Annexes.

Table of contents

| I. | SPECIAL TERMS AND CONDITIONS | 9 |
| --- | --- | --- |

I.

| Article I.1 - | Subject matter of the Decision | 9 |
| --- | --- | --- |

Article I.1 -

| Article I.2 - | Period of eligibility | 10 |
| --- | --- | --- |

Article I.2 -

| Article I.3 - | Form of funding | 10 |
| --- | --- | --- |

Article I.3 -

| Article I.4 - | Provisional (maximum) funding amount | 10 |
| --- | --- | --- |

Article I.4 -

| Article I.5 - | Payments and payment arrangements | 10 |
| --- | --- | --- |

Article I.5 -

| I.5.1 | Pre-financing | 10 |
| --- | --- | --- |

I.5.1

| I.5.2 | Payment of the balance or recovery of pre-financing unduly paid | 10 |
| --- | --- | --- |

I.5.2

| I.5.3 | Currency | 10 |
| --- | --- | --- |

I.5.3

| Article I.6 - | Bank account | 10 |
| --- | --- | --- |

Article I.6 -

| Article I.7 - | General administrative provisions | 11 |
| --- | --- | --- |

Article I.7 -

| Article I.8 - | Entry into force of the Decision | 11 |
| --- | --- | --- |

Article I.8 -

| II. | GENERAL TERMS AND CONDITIONS | 11 |
| --- | --- | --- |

II.

| PART A: | LEGAL AND ADMINISTRATIVE PROVISIONS | 11 |
| --- | --- | --- |

PART A:

| Article II.1 - | Definitions | 11 |
| --- | --- | --- |

Article II.1 -

| Article II.2 - | General obligations of the beneficiary | 12 |
| --- | --- | --- |

Article II.2 -

| Article II.3 - | Obligations linked to bank account | 12 |
| --- | --- | --- |

Article II.3 -

| Article II.4 - | Liability for damages | 12 |
| --- | --- | --- |

Article II.4 -

| Article II.5 - | Confidentiality | 13 |
| --- | --- | --- |

Article II.5 -

| Article II.6 - | Processing of personal data | 13 |
| --- | --- | --- |

Article II.6 -

| Article II.7 - | Record keeping | 13 |
| --- | --- | --- |

Article II.7 -

| Article II.8 - | Visibility of Union funding | 13 |
| --- | --- | --- |

Article II.8 -

| II.8.1 | Information on Union funding | 13 |
| --- | --- | --- |

II.8.1

| II.8.2 | Disclaimers excluding European Parliament responsibility | 13 |
| --- | --- | --- |

II.8.2

| II.8.3 | Publication of information by the European Parliament | 13 |
| --- | --- | --- |

II.8.3

| Article II.9 - | Award of contracts by the beneficiary | 13 |
| --- | --- | --- |

Article II.9 -

| II.9.1 | Principles | 13 |
| --- | --- | --- |

II.9.1

| II.9.2 | Record keeping | 14 |
| --- | --- | --- |

II.9.2

| II.9.3 | Control | 14 |
| --- | --- | --- |

II.9.3

| II.9.4 | Liability | 14 |
| --- | --- | --- |

II.9.4

| Article II.10 - | Force majeure | 14 |
| --- | --- | --- |

Article II.10 -

| Article II.11 - | Suspension of payment of funding | 14 |
| --- | --- | --- |

Article II.11 -

| II.11.1 | Grounds for suspension | 14 |
| --- | --- | --- |

II.11.1

| II.11.2 | Procedure for suspension | 14 |
| --- | --- | --- |

II.11.2

| II.11.3 | Effects of the suspension | 14 |
| --- | --- | --- |

II.11.3

| II.11.4 | Resumption of payment | 15 |
| --- | --- | --- |

II.11.4

| Article II.12 - | Withdrawal of the Funding Decision by the European Parliament | 15 |
| --- | --- | --- |

Article II.12 -

| II.12.1 | Grounds for withdrawal | 15 |
| --- | --- | --- |

II.12.1

| II.12.2 | Procedure for withdrawal | 15 |
| --- | --- | --- |

II.12.2

| II.12.3 | Effects of withdrawal | 15 |
| --- | --- | --- |

II.12.3

| Article II.13 - | Termination of the Funding Decision | 15 |
| --- | --- | --- |

Article II.13 -

| II.13.1 | Termination at the request of the beneficiary | 15 |
| --- | --- | --- |

II.13.1

| II.13.2 | Termination by the European Parliament | 15 |
| --- | --- | --- |

II.13.2

| II.13.3 | Effects of termination | 16 |
| --- | --- | --- |

II.13.3

| Article II.14 - | Assignment | 16 |
| --- | --- | --- |

Article II.14 -

| Article II.15 – | Late-payment interest | 16 |
| --- | --- | --- |

Article II.15 –

| Article II.16 - | Applicable law | 16 |
| --- | --- | --- |

Article II.16 -

| Article II.17 - | Right to be heard | 16 |
| --- | --- | --- |

Article II.17 -

| PART B: | FINANCIAL PROVISIONS | 16 |
| --- | --- | --- |

PART B:

| Article II.18 - | Reimbursable expenditure | 16 |
| --- | --- | --- |

Article II.18 -

| II.18.1 | Conditions | 16 |
| --- | --- | --- |

II.18.1

| II.18.2 | Examples for reimbursable expenditure | 17 |
| --- | --- | --- |

II.18.2

| Article II.19 - | Non-reimbursable expenditure | 17 |
| --- | --- | --- |

Article II.19 -

| Article II.20 - | Contributions in kind | 18 |
| --- | --- | --- |

Article II.20 -

| Article II.21 - | Budget transfers | 18 |
| --- | --- | --- |

Article II.21 -

| Article II.22 - | Reporting obligations | 18 |
| --- | --- | --- |

Article II.22 -

| II.22.1 | Annual report | 18 |
| --- | --- | --- |

II.22.1

| II.22.2 | External audit report | 19 |
| --- | --- | --- |

II.22.2

| Article II.23 - | Decision on annual report | 19 |
| --- | --- | --- |

Article II.23 -

| Article II.24 - | Decision on the final funding amount | 20 |
| --- | --- | --- |

Article II.24 -

| II.24.1 | Impact of the annual report | 20 |
| --- | --- | --- |

II.24.1

| II.24.2 | Threshold | 20 |
| --- | --- | --- |

II.24.2

| II.24.3 | Carry-over of unspent funding | 20 |
| --- | --- | --- |

II.24.3

| II.24.4 | Decision on final funding amount | 20 |
| --- | --- | --- |

II.24.4

| II.24.5 | Recovery of unspent funding | 20 |
| --- | --- | --- |

II.24.5

| II.24.6 | Balance of funding | 20 |
| --- | --- | --- |

II.24.6

| II.24.7 | Surplus of own resources | 20 |
| --- | --- | --- |

II.24.7

| Article II.25 - | Interest on pre-financing | 21 |
| --- | --- | --- |

Article II.25 -

| Article II.26 - | Recovery | 21 |
| --- | --- | --- |

Article II.26 -

| II.26.1 | Late-payment interest | 21 |
| --- | --- | --- |

II.26.1

| II.26.2 | Offsetting | 21 |
| --- | --- | --- |

II.26.2

| II.26.3 | Bank charges | 21 |
| --- | --- | --- |

II.26.3

| Article II.27 - | Financial guarantee | 22 |
| --- | --- | --- |

Article II.27 -

| Article II.28 - | Control | 22 |
| --- | --- | --- |

Article II.28 -

| II.28.1 | General provisions | 22 |
| --- | --- | --- |

II.28.1

| II.28.2 | Duty to keep documents | 22 |
| --- | --- | --- |

II.28.2

| II.28.3 | Obligation to provide documents and/or information | 22 |
| --- | --- | --- |

II.28.3

| II.28.4 | On-the-spot visits | 22 |
| --- | --- | --- |

II.28.4

| II.28.5 | Contradictory audit procedure | 22 |
| --- | --- | --- |

II.28.5

| II.28.6 | Effects of audit findings | 23 |
| --- | --- | --- |

II.28.6

| II.28.7 | Rights of control of OLAF | 23 |
| --- | --- | --- |

II.28.7

| II.28.8 | Rights of control of the European Court of Auditors | 23 |
| --- | --- | --- |

II.28.8

| II.28.9 | Failure to comply with the obligations under Article II.28.1 to | 23 |
| --- | --- | --- |

II.28.9

| Annex- | Estimated Budget | 24 |
| --- | --- | --- |

Annex-

I.   SPECIAL TERMS AND CONDITIONS

Article I.1

Subject matter of the Decision

The European Parliament awards funding for the implementation of the statutory activities and objectives of the beneficiary in the financial year [insert], in accordance with the terms and conditions set out in the Special Terms and Conditions and the General Terms and Conditions (‘terms and conditions’), as well as in accordance with the Annex to the Funding Decision. This constitutes implementation of the Funding Decision by the European Parliament.

The beneficiary will use the funding for the purpose of implementing its statutory activities and objectives, acting on its own responsibility and in accordance with the terms and conditions and the Annex to the Funding Decision. This constitutes implementation of the Funding Decision by the beneficiary.

Article I.2

Period of eligibility

The period of eligibility for Union funding shall run from [insert DD/MM/YY] to [insert DD/MM/YY].

Article I.3

Form of funding

The contributions awarded to the beneficiary pursuant to Title VIII of Part II of the Financial Regulation shall take the form of a reimbursement of a percentage of the reimbursable expenditure actually incurred.

Article I.4

Provisional (maximum) funding amount

The European Parliament shall contribute a maximum amount of EUR [insert amount], which shall not exceed 85 % of the total estimated reimbursable expenditure.

The estimated reimbursable expenditure of the beneficiary is set out in the Annex (‘estimated budget’). The estimated budget shall be in balance and shall give a breakdown of all the beneficiary's costs and revenue for the period of eligibility. The reimbursable expenditure shall be separated from non-reimbursable expenditure, pursuant to Article II.18.

Article I.5

Payments and payment arrangements

The funding shall be paid in accordance with the following timetable and arrangements.

I.5.1   Pre-financing

Pre-financing payment of EUR [insert amount], representing [100 % by default, otherwise insert the percentage decided by the European Parliament] of the maximum amount established in Article I.4 of this Funding Decision, shall be made to the beneficiary within 30 days following the date of entry into force of the Funding Decision or, if applicable, from the date when the European Parliament receives the financial guarantee of EUR [insert amount], whichever is the latest.

I.5.2   Payment of the balance or recovery of pre-financing unduly paid

The balance of funding shall be paid to the beneficiary or any pre-financing unduly paid shall be recovered within 30 days following the decision of the European Parliament on the annual report and the determination of the final funding amount as specified in Article II.24.

I.5.3   Currency

Payments shall be made by the European Parliament in euro. Any conversion of actual costs into euro shall be made at the daily rate published in the C series of the Official Journal of the European Union or, failing that, at the monthly accounting rate established by the European Parliament and published on its website, on the day when the payment order is issued by the European Parliament, save where the Special Terms and Conditions expressly provide otherwise.

Payments by the European Parliament shall be deemed to have been effected on the date on which they are debited to the European Parliament's account.

Article I.6

Bank account

Payments shall be made into a bank account or sub-account held by the beneficiary in the bank established in a European Union Member State, denominated in euro, details of which are given below:

| Name of the bank: [...] |
| --- |
| Address of the branch where the account is held: [...] |
| Precise denomination of the account holder: [...] |
| Full account number (including bank codes): [...] |
| IBAN: [...] |
| BIC / SWIFT: [...] |

Name of the bank: [...]

Address of the branch where the account is held: [...]

Precise denomination of the account holder: [...]

Full account number (including bank codes): [...]

IBAN: [...]

BIC / SWIFT: [...]

Article I.7

General administrative provisions

Any communication addressed to the European Parliament in connection with the Funding Decision shall be in writing, shall bear the number of the Funding Decision and shall be sent to the following address:

| European Parliament |
| --- |
| The President |
| c/o the Director-General of Finance |
| Office SCH 05B031 |
| L-2929 Luxembourg |

European Parliament

The President

c/o the Director-General of Finance

Office SCH 05B031

L-2929 Luxembourg

Ordinary mail shall be deemed to have been received by the European Parliament on the date on which it is formally registered by the European Parliament's Mail Service.

The Funding Decision is addressed to the beneficiary under the following address:

| Mr/Mrs [...] |
| --- |
| [Title] |
| [Official name of the beneficiary body] |
| [Full official address] |

Mr/Mrs [...]

[Title]

[Official name of the beneficiary body]

[Full official address]

Any change of address by the beneficiary shall be communicated to the European Parliament in writing without delay.

Article I.8

Entry into force of the Decision

The Funding Decision shall enter into force on the date on which it is signed on behalf of the European Parliament.

II.   GENERAL TERMS AND CONDITIONS

PART A: LEGAL AND ADMINISTRATIVE PROVISIONS

Article II.1

Definitions

For the purpose of this Funding Decision:

| (1) | ‘activity report’ means a written justification of the costs incurred during the period of eligibility. For example, an explanation of activities, administrative costs, etc. The activity report is part of the annual report; |
| --- | --- |

(1)

‘activity report’ means a written justification of the costs incurred during the period of eligibility. For example, an explanation of activities, administrative costs, etc. The activity report is part of the annual report;

| (2) | ‘annual report’ means a report to be submitted within six months following the end of the financial year in accordance with Article 23 of the Regulation (EU, Euratom) No 1141/2014 and Article 204l of the Financial Regulation; |
| --- | --- |

(2)

‘annual report’ means a report to be submitted within six months following the end of the financial year in accordance with Article 23 of the Regulation (EU, Euratom) No 1141/2014 and Article 204l of the Financial Regulation;

| (3) | ‘balance of funding’ means the difference between the pre-financing amount pursuant to Article I.5.1 and the final funding amount established pursuant to Article II.24.4; |
| --- | --- |

(3)

‘balance of funding’ means the difference between the pre-financing amount pursuant to Article I.5.1 and the final funding amount established pursuant to Article II.24.4;

| (4) | ‘clearing of pre-financing’ means a situation where the final funding amount is established by the authorising officer and the amount paid to the beneficiary is no longer the property of the Union; |
| --- | --- |

(4)

‘clearing of pre-financing’ means a situation where the final funding amount is established by the authorising officer and the amount paid to the beneficiary is no longer the property of the Union;

| (5) | ‘conflict of interests’ means a situation where the impartial and objective implementation of the Funding Decision by the beneficiary is compromised for reasons involving family, emotional life, national affinity, economic interest, or any other shared interest with any third party related to the subject matter of the Funding Decision. Political affinity does not, in principle, constitute a reason for a conflict of interests in the case of agreements concluded between the political party and organisations sharing the same political values. Nevertheless, in the case of such an agreement, compliance with Article 22 of the Regulation (EU, Euratom) No 1141/2014 must be observed; |
| --- | --- |

(5)

‘conflict of interests’ means a situation where the impartial and objective implementation of the Funding Decision by the beneficiary is compromised for reasons involving family, emotional life, national affinity, economic interest, or any other shared interest with any third party related to the subject matter of the Funding Decision. Political affinity does not, in principle, constitute a reason for a conflict of interests in the case of agreements concluded between the political party and organisations sharing the same political values. Nevertheless, in the case of such an agreement, compliance with Article 22 of the Regulation (EU, Euratom) No 1141/2014 must be observed;

| (6) | ‘contributions in kind’ or ‘offering in kind’ both mean non-financial resources, made available free of charge by third parties to the beneficiary, pursuant to Article 2(7) and 2(8) of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(6)

‘contributions in kind’ or ‘offering in kind’ both mean non-financial resources, made available free of charge by third parties to the beneficiary, pursuant to Article 2(7) and 2(8) of Regulation (EU, Euratom) No 1141/2014;

| (7) | ‘financial year N’ or ‘period of eligibility’ both mean the period of implementation of the activities for which the funding was awarded under the Funding Decision, as specified in Article I.2; |
| --- | --- |

(7)

‘financial year N’ or ‘period of eligibility’ both mean the period of implementation of the activities for which the funding was awarded under the Funding Decision, as specified in Article I.2;

| (8) | ‘force majeure’
  means any unforeseeable, exceptional situation or event beyond the control of the beneficiary or the European Parliament that prevents either of them from fulfilling any of their obligations under the Funding Decision, that is not attributable to error or negligence on their part or on the part of the subcontractors affiliated entities or third parties in receipt of financial support and which proves to be inevitable despite their exercising due diligence. The following cannot be invoked as force majeure: labour disputes, strikes, financial difficulties or any default of a service, defect in equipment or materials or delays in making them available, unless they stem directly from a relevant case of force majeure; |
| --- | --- |

(8)

‘force majeure’
  means any unforeseeable, exceptional situation or event beyond the control of the beneficiary or the European Parliament that prevents either of them from fulfilling any of their obligations under the Funding Decision, that is not attributable to error or negligence on their part or on the part of the subcontractors affiliated entities or third parties in receipt of financial support and which proves to be inevitable despite their exercising due diligence. The following cannot be invoked as force majeure: labour disputes, strikes, financial difficulties or any default of a service, defect in equipment or materials or delays in making them available, unless they stem directly from a relevant case of force majeure;

| (9) | ‘formally notify’ means to communicate in writing by mail or electronic mail with proof of delivery; |
| --- | --- |

(9)

‘formally notify’ means to communicate in writing by mail or electronic mail with proof of delivery;

| (10) | ‘fraud’ means any intentional act or omission affecting the Union's financial interests relating to the use or presentation of false, incorrect or incomplete statements or documents, or to the non-disclosure of information in violation of a specific obligation; |
| --- | --- |

(10)

‘fraud’ means any intentional act or omission affecting the Union's financial interests relating to the use or presentation of false, incorrect or incomplete statements or documents, or to the non-disclosure of information in violation of a specific obligation;

| (11) | ‘funding’ means ‘direct financial contributions’ within the meaning of Part Two, Title VIII of the Financial Regulation and Chapter IV of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(11)

‘funding’ means ‘direct financial contributions’ within the meaning of Part Two, Title VIII of the Financial Regulation and Chapter IV of Regulation (EU, Euratom) No 1141/2014;

| (12) | ‘irregularity’ means any infringement of a provision of Union law resulting from an act or omission by the beneficiary, which has or would have the effect of prejudicing the Union's budget; |
| --- | --- |

(12)

‘irregularity’ means any infringement of a provision of Union law resulting from an act or omission by the beneficiary, which has or would have the effect of prejudicing the Union's budget;

| (13) | ‘own resources’ means external sources of funding other than Union funding. For example: donations, contributions from members (as defined in points (7) and (8) of Article 2 of Regulation (EU, Euratom) No 1141/2014)), etc.; |
| --- | --- |

(13)

‘own resources’ means external sources of funding other than Union funding. For example: donations, contributions from members (as defined in points (7) and (8) of Article 2 of Regulation (EU, Euratom) No 1141/2014)), etc.;

| (14) | ‘related person’ means any person who has the power to represent the beneficiary or to take decisions on its behalf; |
| --- | --- |

(14)

‘related person’ means any person who has the power to represent the beneficiary or to take decisions on its behalf;

| (15) | ‘substantial error’ means any infringement of a provision of the Funding Decision resulting from an act or omission, which causes or might cause a loss to the budget of the European Union. |
| --- | --- |

(15)

‘substantial error’ means any infringement of a provision of the Funding Decision resulting from an act or omission, which causes or might cause a loss to the budget of the European Union.

Article II.2

General obligations of the beneficiary

The beneficiary:

| (a) | shall bear sole responsibility for, and the burden of proving, compliance with any legal obligations incumbent on it; |
| --- | --- |

(a)

shall bear sole responsibility for, and the burden of proving, compliance with any legal obligations incumbent on it;

| (b) | shall be required to make good any damage suffered by the European Parliament as a result of the implementation, including the incorrect implementation, of the Funding Decision, except in cases of force majeure; |
| --- | --- |

(b)

shall be required to make good any damage suffered by the European Parliament as a result of the implementation, including the incorrect implementation, of the Funding Decision, except in cases of force majeure;

| (c) | shall bear sole liability towards third parties, including for damage of any kind suffered by them during the implementation of the Funding Decision; |
| --- | --- |

(c)

shall bear sole liability towards third parties, including for damage of any kind suffered by them during the implementation of the Funding Decision;

| (d) | shall inform the European Parliament immediately of any change in its legal, financial, technical, organisational or ownership situation and of any change in its name, address or legal representative; |
| --- | --- |

(d)

shall inform the European Parliament immediately of any change in its legal, financial, technical, organisational or ownership situation and of any change in its name, address or legal representative;

| (e) | shall take all necessary measures to prevent any conflict of interests arising. |
| --- | --- |

(e)

shall take all necessary measures to prevent any conflict of interests arising.

Article II.3

Obligations linked to bank account

The account or sub-account referred to in Article I.6 must make it possible to identify the amounts paid by the European Parliament and must be reserved exclusively for the receipt of amounts referred to in Article I.5 paid by the European Parliament.

If the amounts paid into this account as pre-financing yield interest or equivalent benefits under the law of the Member State on whose territory the account is opened, such interest or benefits shall be recovered by the European Parliament subject to the conditions laid down in Article II.25, in accordance with Article 204k(5) of the Financial Regulation.

Under no circumstances shall the amounts paid by the European Parliament be used for speculative purposes.

The pre-financing shall remain the property of the Union until it is cleared against the final funding amount.

Article II.4

Liability for damages

The European Parliament may not be held liable for any damage caused or sustained by the beneficiary, including any damage caused to third parties during or as a consequence of the implementation of this Funding Decision.

Except in cases of force majeure, the beneficiary or the related person shall compensate the European Parliament for any damage it sustains as a result of the implementation of the Funding Decision or because the Funding Decision was not implemented in full compliance with its provisions.

Article II.5

Confidentiality

Unless otherwise stipulated in this Funding Decision, in Article 32 of Regulation (EU, Euratom) No 1141/2014 and in other applicable Union legal acts, the European Parliament and the beneficiary undertake to preserve the confidentiality of any document, information or other material directly related to the subject matter of this Funding Decision.

Article II.6

Processing of personal data

Any personal data collected in the context of the Funding Decision shall be processed in accordance with Article 33 of Regulation (EU, Euratom) No 1141/2014, and with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6).

Such data shall only be processed for the purpose of the implementation and monitoring of the Funding Decision without prejudice to their possible transfer to the bodies responsible for carrying out verification and audit tasks in accordance with Union law.

Article II.7

Record keeping

In accordance with Article 204o of the Financial Regulation, the beneficiary shall keep all records and supporting documents concerning the implementation of the Funding Decision for five years following the submission of the annual report, including the annual financial statements referred to in Article 204l(1) of the Financial Regulation.

Records related to audits, appeals, litigation or the settlement of claims arising out of the use of the funding shall be retained until the end of such audits, appeals, litigation or settlement of claims.

Article II.8

Visibility of Union funding

II.8.1   Information on Union funding

Unless the European Parliament requests or agrees otherwise, any communication or publication by the beneficiary that relates to the Funding Decision, including at a conference, seminar, or in any information or promotional materials (such as brochures, leaflets, posters, presentations, in electronic form, etc.), shall indicate that the programme has received financial support from the European Parliament.

II.8.2   Disclaimers excluding European Parliament responsibility

Any communication or publication by the beneficiary, in any form and any medium, shall indicate that sole liability rests with the author and that the European Parliament is not responsible for any use that may be made of the information contained therein.

II.8.3   Publication of information by the European Parliament

The European Parliament publishes on a website the information specified in Article 32 of Regulation (EU, Euratom) No 1141/2014.

Article II.9

Award of contracts by the beneficiary

II.9.1   Principles

In accordance with Article 204b(2) of the Financial Regulation, funding may be used to reimburse expenditure relating to contracts concluded by the beneficiary, provided that, there were no conflicts of interest when they were awarded.

For contracts with a value of more than EUR 60 000 per supplier and per good or service, the beneficiary shall collect at least three offers received in response to a written invitation to bid detailing the requirements for the procurement. The duration of the contracts concerned shall not exceed five years.

If there are fewer than three offers responding to the written invitation to bid, the beneficiary shall be required to prove that it was impossible to obtain more offers for the procurement in question.

II.9.2   Record keeping

The beneficiary shall keep a record of the evaluation of the offers and shall justify in writing its choice of the final supplier.

II.9.3   Control

The beneficiary shall ensure that the European Parliament, the Authority for European Political Parties and European Political Foundations, the European Court of Auditors and the European Anti-Fraud Office (OLAF) are able to exercise their powers of control under Chapter V of Regulation (EU, Euratom) No 1141/2014 and under Article 204n of the Financial Regulation. The beneficiary shall ensure that contracts concluded with third parties provide for the possibility that those powers of control may also be exercised in respect of those third parties.

II.9.4   Liability

The beneficiary shall bear sole liability in respect of the implementation of the Funding Decision and compliance with the provisions of the Funding Decision. The beneficiary shall undertake to make all the arrangements required to ensure that the contractor agrees to waive all rights against the European Parliament under the Funding Decision.

Article II.10

Force majeure

If either the European Parliament or the beneficiary is faced with a situation of force majeure, it shall inform the other without delay, by registered letter with proof of delivery or equivalent, stating the nature, probable duration and likely effects of the situation in question.

The European Parliament and the beneficiary shall make every effort to minimise any damage which might be caused by a situation of force majeure.

Neither the European Parliament nor the beneficiary shall be held to be in breach of any of its obligations under the Funding Decision if it has been prevented from fulfilling that obligation by force majeure.

Article II.11

Suspension of payment of funding

II.11.1   Grounds for suspension

The European Parliament shall have the power to suspend the payment of funding, in accordance with the applicable rules under the Financial Regulation, in the following circumstances:

| (i) | when it suspects that the beneficiary has failed to comply with the obligations related to the use of contributions laid down in Article 204k of the Financial Regulation until such suspicion is verified; or |
| --- | --- |

(i)

when it suspects that the beneficiary has failed to comply with the obligations related to the use of contributions laid down in Article 204k of the Financial Regulation until such suspicion is verified; or

| (ii) | when the beneficiary has been subject to the financial sanctions provided for in Article 27(4) of Regulation (EU, Euratom) No 1141/2014 until the financial sanction is paid. |
| --- | --- |

(ii)

when the beneficiary has been subject to the financial sanctions provided for in Article 27(4) of Regulation (EU, Euratom) No 1141/2014 until the financial sanction is paid.

II.11.2   Procedure for suspension

Step 1
  — Before suspending the payment, the European Parliament shall formally notify the beneficiary, of its intention to suspend, stating its reasons for wishing to do so and inviting the beneficiary to submit observations within 30 calendar days after receiving that notification.

Step 2
  — If after expiry of the period for submission of observations the European Parliament decides not to pursue the suspension procedure, it shall notify the beneficiary of that decision.

If, after expiry of the period for submission of observations, the European Parliament decides to pursue the suspension procedure, it shall formally notify the beneficiary by means of a reasoned decision on suspension informing it of:

| (i) | the indicative date of completion of the necessary verification in the case referred to in point (i) of Article II.11.1; and |
| --- | --- |

(i)

the indicative date of completion of the necessary verification in the case referred to in point (i) of Article II.11.1; and

| (ii) | any legal remedies. |
| --- | --- |

(ii)

any legal remedies.

II.11.3   Effects of the suspension

The suspension of payment shall have the effect that the beneficiary is not entitled to receive any payments from the European Parliament until the verification referred to in point (i) of Article II.11.2, under Step 2, is complete or the ground for suspension ceases to apply. This is without prejudice to the right of the European Parliament to terminate funding or to withdraw the Funding Decision.

II.11.4   Resumption of payment

From the moment that the ground for the suspension of payment ceases to apply, all payments concerned shall be resumed and the European Parliament shall notify the beneficiary thereof.

Article II.12

Withdrawal of the Funding Decision by the European Parliament

II.12.1   Grounds for withdrawal

The European Parliament shall have the power to withdraw the Funding Decision on the basis of a decision by the Authority to remove the beneficiary from the Register, except in the cases provided for in the third subparagraph of Article 30(2) of Regulation (EU, Euratom) No 1141/2014.

II.12.2   Procedure for withdrawal

Step 1
  — Before withdrawing the Funding Decision, the European Parliament shall formally notify the beneficiary of its intention to withdraw, stating its reasons for wishing to do so and inviting the beneficiary to submit observations within 30 calendar days after receiving that notification.

Step 2
  — If, after expiry of the period for submission of observations, the European Parliament decides not to withdraw the Funding Decision, it shall notify the beneficiary of that decision.

If, after expiry of the period for submission of observations, the European Parliament decides to withdraw the Funding Decision, it shall formally notify the beneficiary by means of a reasoned decision on withdrawal.

Any amount unduly paid to the beneficiary shall be recovered under the applicable rules of the Financial Regulation.

II.12.3   Effects of withdrawal

The decision to withdraw the Funding Decision shall have retroactive effect from the date of adoption of the Funding Decision.

Article II.13

Termination of the Funding Decision

II.13.1   Termination at the request of the beneficiary

The beneficiary may request the termination of the Funding Decision.

The beneficiary shall formally notify the European Parliament on termination, stating:

| (a) | the reasons for termination; and |
| --- | --- |

(a)

the reasons for termination; and

| (b) | the date on which the termination is to take effect, which shall not be earlier than the date on which the formal notification was sent. |
| --- | --- |

(b)

the date on which the termination is to take effect, which shall not be earlier than the date on which the formal notification was sent.

The termination shall take effect on the day specified in the decision of termination.

II.13.2   Termination by the European Parliament

(a)   Grounds for termination

The European Parliament shall have the power to terminate the Funding Decision in any of the following circumstances:

| (a) | on the basis of a decision by the Authority to remove the beneficiary from the Register, in the cases provided for in the third subparagraph of Article 30(2) of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(a)

on the basis of a decision by the Authority to remove the beneficiary from the Register, in the cases provided for in the third subparagraph of Article 30(2) of Regulation (EU, Euratom) No 1141/2014;

| (b) | if the beneficiary no longer complies with Article 18(2) of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(b)

if the beneficiary no longer complies with Article 18(2) of Regulation (EU, Euratom) No 1141/2014;

| (c) | if the European Parliament establishes that the beneficiary has failed to comply with the obligations related to the use of contributions laid down in Article 204k of the Financial Regulation; |
| --- | --- |

(c)

if the European Parliament establishes that the beneficiary has failed to comply with the obligations related to the use of contributions laid down in Article 204k of the Financial Regulation;

| (d) | if beneficiary is declared bankrupt, is being wound up or is subject of any other similar proceedings. |
| --- | --- |

(d)

if beneficiary is declared bankrupt, is being wound up or is subject of any other similar proceedings.

(b)   Procedure for termination

Step 1
  — Before termination of the Funding Decision, the European Parliament shall formally notify the beneficiary of its intention to terminate, stating its reasons for wishing to do so and inviting the beneficiary to submit observations within 30 calendar days after receiving that notification.

Step 2
  — If, after expiry of the period for submission of observations, the European Parliament decides not to terminate the Funding Decision, it shall notify the beneficiary of that decision.

If, after expiry of the period for submission of observations, the European Parliament decides to terminate the Funding Decision, it shall formally notify the beneficiary, by means of a reasoned decision on termination.

The termination shall take effect on the day specified in the decision of termination.

II.13.3   Effects of termination

The decision to terminate the Funding Decision shall take effect ex nunc. The costs actually incurred by the beneficiary from the day that the decision to terminate takes effect are to be qualified as non-reimbursable expenditure.

Article II.14

Assignment

The beneficiary may not assign any of its claims for payment against the European Parliament to any third party, except if approved in advance by the European Parliament on the basis of a reasoned, written request by the beneficiary.

If the European Parliament does not accept in writing the assignment or the terms of such acceptance are not complied with, the assignment shall have no legal effect.

Under no circumstances may an assignment release the beneficiary from its obligations towards the European Parliament.

Article II.15

Late-payment interest

If the European Parliament does not pay within the time limits for payment, the beneficiary shall be entitled to late-payment interest at the rate applied by the European Central Bank for its main refinancing operations in euros (‘the reference rate’), plus three and a half points. The reference rate is the rate in force on the first day of the month in which the time limit for payment expires, as published in the C series of the Official Journal of the European Union.

If the European Parliament suspends the payments as provided for in Article II.11, these actions may not be considered to be cases of late payment.

Late-payment interest covers the period running from the day following the due date for payment, up to and including the date of actual payment.

As an exception to the first subparagraph, if the calculated interest is lower than or equal to EUR 200, the European Parliament shall only be required to pay it to the beneficiary if the beneficiary requests it within two months of receiving late payment.

Article II.16

Applicable law

This Funding Decision is governed by the applicable Union law, and in particular by Regulation (EU, Euratom) No 1141/2014 and the applicable rules of the Financial Regulation which fully apply. They are complemented, where necessary, by the national law of the Member State in which the beneficiary has its seat.

Article II.17

Right to be heard

In the cases in which, under this Funding Decision, the beneficiary is entitled to submit its observations, the beneficiary shall be given a period of 10 working days, save where expressly provided otherwise, to submit its written observations. This period may, upon reasoned request by the beneficiary, be extended once by another 10 working days.

PART B: FINANCIAL PROVISIONS

Article II.18

Reimbursable expenditure

II.18.1   Conditions

In order to be considered to be eligible for reimbursement from Union funding, and in accordance with Article 204k of the Financial Regulation, costs must meet the following criteria:

| (a) | be directly related to the subject matter of the Funding Decision and provided for in the estimated budget annexed to the Funding Decision; |
| --- | --- |

(a)

be directly related to the subject matter of the Funding Decision and provided for in the estimated budget annexed to the Funding Decision;

| (b) | be necessary for the implementation of the Funding Decision; |
| --- | --- |

(b)

be necessary for the implementation of the Funding Decision;

| (c) | be reasonable and justified, and comply with the principle of sound financial management, in particular regarding economy and efficiency; |
| --- | --- |

(c)

be reasonable and justified, and comply with the principle of sound financial management, in particular regarding economy and efficiency;

| (d) | be generated during the period of eligibility as defined in Article I.2, with the exception of costs relating to annual reports and certificates on the financial statements and underlying accounts; |
| --- | --- |

(d)

be generated during the period of eligibility as defined in Article I.2, with the exception of costs relating to annual reports and certificates on the financial statements and underlying accounts;

| (e) | be actually incurred by the beneficiary; |
| --- | --- |

(e)

be actually incurred by the beneficiary;

| (f) | be identifiable and verifiable, and recorded in the beneficiary's accounts, in accordance with the accounting standards applicable to it; |
| --- | --- |

(f)

be identifiable and verifiable, and recorded in the beneficiary's accounts, in accordance with the accounting standards applicable to it;

| (g) | comply with the requirements of applicable tax and social security laws; |
| --- | --- |

(g)

comply with the requirements of applicable tax and social security laws;

| (h) | comply with the first paragraph of Article II.9.1, and, as a general rule, with the second paragraph of Article II.9.1. |
| --- | --- |

(h)

comply with the first paragraph of Article II.9.1, and, as a general rule, with the second paragraph of Article II.9.1.

The beneficiary's accounting and internal audit procedures must make it possible to carry out a direct reconciliation of the costs and revenue declared in the annual report with the financial statements and the corresponding supporting documents.

II.18.2   Examples for reimbursable expenditure

In particular, and provided that they meet the criteria laid down in Article II.18.1, the following operating costs shall be regarded as reimbursable without prejudice to Article 204k of the Financial Regulation:

| (a) | administrative costs and costs linked to technical assistance, meetings, research, cross-border events, studies, information and publications; |
| --- | --- |

(a)

administrative costs and costs linked to technical assistance, meetings, research, cross-border events, studies, information and publications;

| (b) | personnel costs, comprising actual salaries, social security contributions and other statutory costs included in remuneration, provided that they do not exceed the average rates under the beneficiary's usual policy on remuneration; |
| --- | --- |

(b)

personnel costs, comprising actual salaries, social security contributions and other statutory costs included in remuneration, provided that they do not exceed the average rates under the beneficiary's usual policy on remuneration;

| (c) | travel and subsistence expenses for staff, provided that they are consistent with the beneficiary's usual practices regarding travel costs; |
| --- | --- |

(c)

travel and subsistence expenses for staff, provided that they are consistent with the beneficiary's usual practices regarding travel costs;

| (d) | the depreciation costs of equipment or other assets (new or second-hand) as recorded in the beneficiary's accounting statements, provided that the asset






  (i) | is written off in accordance with the international accounting standards and the beneficiary's usual accounting practices; and |
| --- | --- | --- |

(d)

the depreciation costs of equipment or other assets (new or second-hand) as recorded in the beneficiary's accounting statements, provided that the asset

(i)

is written off in accordance with the international accounting standards and the beneficiary's usual accounting practices; and

| (ii) | has been purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1 if the purchase occurred within the period of eligibility; |
| --- | --- |

(ii)

has been purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1 if the purchase occurred within the period of eligibility;

| (e) | costs of consumables and supplies and other contracts, provided that they are






  (i) | purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1, and |
| --- | --- | --- |

(e)

costs of consumables and supplies and other contracts, provided that they are

(i)

purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1, and

| (ii) | directly assigned to the subject matter of the Funding Decision; |
| --- | --- |

(ii)

directly assigned to the subject matter of the Funding Decision;

| (f) | costs arising directly from requirements imposed by the Funding Decision, including, if appropriate, the costs of financial services (in particular the cost of financial guarantees) provided that the corresponding services are purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1; |
| --- | --- |

(f)

costs arising directly from requirements imposed by the Funding Decision, including, if appropriate, the costs of financial services (in particular the cost of financial guarantees) provided that the corresponding services are purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1;

| (g) | financial support for the following associated entities of the beneficiary: [insert the names of the associated entities, such as youth and women's organisations, as communicated with the funding application] on condition that the financial support for each entity does not exceed EUR 100 000, that it is used by the associated entity for reimbursable expenditure, that a lump sum paid to the associated entity does not exceed a quarter of the total financial support to that entity, and that the beneficiary guarantees a possible recovery of such financial support. |
| --- | --- |

(g)

financial support for the following associated entities of the beneficiary: [insert the names of the associated entities, such as youth and women's organisations, as communicated with the funding application] on condition that the financial support for each entity does not exceed EUR 100 000, that it is used by the associated entity for reimbursable expenditure, that a lump sum paid to the associated entity does not exceed a quarter of the total financial support to that entity, and that the beneficiary guarantees a possible recovery of such financial support.

Article II.19

Non-reimbursable expenditure

Without prejudice to Article II.18.1 of this Decision and to Article 204k of the Financial Regulation, the following costs shall not be considered reimbursable:

| (a) | return on capital and dividends paid by the beneficiary; |
| --- | --- |

(a)

return on capital and dividends paid by the beneficiary;

| (b) | debt and debt service charges; |
| --- | --- |

(b)

debt and debt service charges;

| (c) | provisions for losses or debts; |
| --- | --- |

(c)

provisions for losses or debts;

| (d) | interest owed; |
| --- | --- |

(d)

interest owed;

| (e) | doubtful debts; |
| --- | --- |

(e)

doubtful debts;

| (f) | exchange losses; |
| --- | --- |

(f)

exchange losses;

| (g) | costs of transfers from the European Parliament charged by the bank of the beneficiary; |
| --- | --- |

(g)

costs of transfers from the European Parliament charged by the bank of the beneficiary;

| (h) | costs declared by the beneficiary under another action receiving a grant financed from the Union budget; |
| --- | --- |

(h)

costs declared by the beneficiary under another action receiving a grant financed from the Union budget;

| (i) | contributions in kind; |
| --- | --- |

(i)

contributions in kind;

| (j) | excessive or reckless expenditure; |
| --- | --- |

(j)

excessive or reckless expenditure;

| (k) | deductible VAT; |
| --- | --- |

(k)

deductible VAT;

| (l) | prohibited funding of certain third parties pursuant to Article 22 of Regulation (EU, Euratom) No 1141/2014 and Article 204b(3) of the Financial Regulation. |
| --- | --- |

(l)

prohibited funding of certain third parties pursuant to Article 22 of Regulation (EU, Euratom) No 1141/2014 and Article 204b(3) of the Financial Regulation.

Article II.20

Contributions in kind

The European Parliament shall allow the beneficiary to receive contributions in kind during the implementation of the Funding Decision, provided that the value of such contributions does not exceed:

| (a) | the costs actually borne and duly supported by accounting documents of the third parties who made these contributions to the beneficiary free of charge but bear the corresponding costs; |
| --- | --- |

(a)

the costs actually borne and duly supported by accounting documents of the third parties who made these contributions to the beneficiary free of charge but bear the corresponding costs;

| (b) | in the absence of such documents, the costs that correspond to those generally accepted on the market in question; |
| --- | --- |

(b)

in the absence of such documents, the costs that correspond to those generally accepted on the market in question;

| (c) | their value as accepted in the estimated budget; |
| --- | --- |

(c)

their value as accepted in the estimated budget;

| (d) | 50 % of own resources accepted in the estimated budget. |
| --- | --- |

(d)

50 % of own resources accepted in the estimated budget.

Contributions in kind:

| (a) | shall be presented separately in the estimated budget, in order to reflect the total resources; |
| --- | --- |

(a)

shall be presented separately in the estimated budget, in order to reflect the total resources;

| (b) | shall comply with Article 20 of Regulation (EU, Euratom) No 1141/2014, as well as the national tax and social security rules; |
| --- | --- |

(b)

shall comply with Article 20 of Regulation (EU, Euratom) No 1141/2014, as well as the national tax and social security rules;

| (c) | shall only be accepted on a provisional basis, subject to a certification by the external auditor and to acceptance in the decision over the final funding amount; |
| --- | --- |

(c)

shall only be accepted on a provisional basis, subject to a certification by the external auditor and to acceptance in the decision over the final funding amount;

| (d) | shall not be in the form of immovable property. |
| --- | --- |

(d)

shall not be in the form of immovable property.

Article II.21

Budget transfers

The beneficiary shall be allowed to adjust the estimated budget set out in the Annex, by transfers between the different budget categories. This adjustment shall not require an amendment of the Funding Decision. Such transfers shall be justified in the annual report.

Article II.22

Reporting obligations

II.22.1   Annual report

Preferably by 15 May, and at the latest by 30 June, following the end of financial year N, the beneficiary shall submit an annual report, composed as follows:

| (a) | annual financial statements and accompanying notes, covering beneficiary's revenue and costs, assets and liabilities at the beginning and at the end of the financial year, in accordance with the law applicable in the Member State of beneficiary's seat; |
| --- | --- |

(a)

annual financial statements and accompanying notes, covering beneficiary's revenue and costs, assets and liabilities at the beginning and at the end of the financial year, in accordance with the law applicable in the Member State of beneficiary's seat;

| (b) | annual financial statements on the basis of the international accounting standards defined in Article 2 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council (7); |
| --- | --- |

(b)

annual financial statements on the basis of the international accounting standards defined in Article 2 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council (7);

| (c) | the list of donors and contributors and their corresponding donations or contributions reported in accordance with Article 20 of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(c)

the list of donors and contributors and their corresponding donations or contributions reported in accordance with Article 20 of Regulation (EU, Euratom) No 1141/2014;

| (d) | activity report; |
| --- | --- |

(d)

activity report;

| (e) | financial statement based on the structure of estimated budget; |
| --- | --- |

(e)

financial statement based on the structure of estimated budget;

| (f) | detail of accounts as regards revenue, costs, assets and liabilities; |
| --- | --- |

(f)

detail of accounts as regards revenue, costs, assets and liabilities;

| (g) | reconciliation of financial statement referred to in point (e) with detail of accounts referred to in point (f); |
| --- | --- |

(g)

reconciliation of financial statement referred to in point (e) with detail of accounts referred to in point (f);

| (h) | list of suppliers which in the given financial year charged the beneficiary over EUR 10 000, specifying the name, and address of the supplier as well as the scope of the goods or services provided. |
| --- | --- |

(h)

list of suppliers which in the given financial year charged the beneficiary over EUR 10 000, specifying the name, and address of the supplier as well as the scope of the goods or services provided.

The information included in the annual report must be sufficient to establish the final funding amount.

II.22.2   External audit report

The European Parliament shall receive directly from the independent external bodies or experts, mandated pursuant to Article 23(3) of Regulation (EU, Euratom) No 1141/2014, the external audit report specified in Article 23(1) of Regulation (EU, Euratom) No 1141/2014.

The purpose of the external audit shall be to certify the reliability of the financial statements and the legality and regularity of their expenditure, and in particular that:

| (a) | the financial statements were prepared in accordance with the national law applicable to the beneficiary, are free of material misstatement and show a true and fair view of the financial position and the operating results; |
| --- | --- |

(a)

the financial statements were prepared in accordance with the national law applicable to the beneficiary, are free of material misstatement and show a true and fair view of the financial position and the operating results;

| (b) | the financial statements were prepared in accordance with the international accounting standards defined in Article 2 of Regulation (EC) No 1606/2002; |
| --- | --- |

(b)

the financial statements were prepared in accordance with the international accounting standards defined in Article 2 of Regulation (EC) No 1606/2002;

| (c) | the costs declared were actually incurred; |
| --- | --- |

(c)

the costs declared were actually incurred;

| (d) | the statement of revenue is exhaustive; |
| --- | --- |

(d)

the statement of revenue is exhaustive;

| (e) | the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the Funding Decision; |
| --- | --- |

(e)

the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the Funding Decision;

| (f) | the obligations arising from Regulation (EU, Euratom) No 1141/2014, in particular from Article 20 thereof, have been met; |
| --- | --- |

(f)

the obligations arising from Regulation (EU, Euratom) No 1141/2014, in particular from Article 20 thereof, have been met;

| (g) | the obligations arising from the Funding Decision, in particular from Article II.9 and Article II.18 thereof, have been met; |
| --- | --- |

(g)

the obligations arising from the Funding Decision, in particular from Article II.9 and Article II.18 thereof, have been met;

| (h) | the contributions in kind have actually been provided to the beneficiary and have been valued in compliance with the applicable rules; |
| --- | --- |

(h)

the contributions in kind have actually been provided to the beneficiary and have been valued in compliance with the applicable rules;

| (i) | any unused part of Union funding was carried-over to the next financial year; |
| --- | --- |

(i)

any unused part of Union funding was carried-over to the next financial year;

| (j) | the unused part of Union funding was used in accordance with Article 204k(2) of the Financial Regulation; |
| --- | --- |

(j)

the unused part of Union funding was used in accordance with Article 204k(2) of the Financial Regulation;

| (k) | any surplus of own resources was transferred to the reserve. |
| --- | --- |

(k)

any surplus of own resources was transferred to the reserve.

Article II.23

Decision on annual report

By 30 September of the year following financial year N, the European Parliament shall approve or reject the annual report, as specified in Article II.22.1.

If the European Parliament does not respond in writing within a period of six months after the reception of the annual report, the annual report shall be deemed to have been approved.

The approval of the annual report is without prejudice to the establishment of the final funding amount under Article II.24 by means of which the European Parliament takes a final decision on the eligibility of the costs.

The European Parliament may request additional information from the beneficiary in order to be in a position to take a decision on the annual report. In the event of such request, the deadline for the decision on the annual report shall be extended until the requested information has been received and evaluated by the European Parliament.

If the annual report is flawed by substantial deficiencies, the European Parliament may reject it without requesting additional information from the beneficiary and may request that the beneficiary submit a new report within a period of 15 working days.

Requests for additional information or a new report shall be notified to the beneficiary in writing.

If the annual report that was initially submitted is rejected and a new report is requested, the approval procedure set out in this Article shall apply to the new report.

Article II.24

Decision on the final funding amount

II.24.1   Impact of the annual report

The decision of the European Parliament establishing the final funding amount shall be based on the annual report approved in accordance with Article II.23. In the event of a definitive rejection of the annual report by the European Parliament or failure of the beneficiary to submit any annual report within the applicable deadlines, no reimbursable costs may be established by the decision on the final funding amount.

II.24.2   Threshold

The final funding amount shall be limited to the amount laid down in Article I.4. It shall neither exceed 85 % of the reimbursable expenditure indicated in the estimated budget nor 85 % of the reimbursable expenditure that were actually incurred.

II.24.3   Carry-over of unspent funding

Any part of the contribution not spent within financial year N for which it was awarded, shall be carried over to financial year N+1 and spent on any reimbursable expenditure incurred by 31 December of year N+1. Remaining amounts of the previous year's contributions shall not be used to finance the part of the expenditure which European political parties must cover from their own resources.

The beneficiary shall first use the part of the contribution that has not been used within the financial year for which it was awarded and only then any contribution awarded after that year.

II.24.4   Decision on final funding amount

The European Parliament controls annually whether expenditure complies with the provisions of Regulation (EU, Euratom) No 1141/2014, the Financial Regulation and the Funding Decision. Each year it shall take a decision on the final funding amount, which shall be duly notified to the beneficiary.

If the amount of the funding defined in Article I.4 was entirely spent during financial year N, the final funding amount shall be established after the closing of that financial year, in year N+1.

In the event of a carry-over of unspent funding to financial year N+1 in accordance with Article II.24.3, the final funding amount of year N shall be established as follows:

Step 1
  : In year N+1 the European Parliament shall decide on the reimbursable costs of financial year N and the first part of the final funding amount of year N, corresponding to those costs. In addition, the European Parliament shall establish the amount of unspent funding awarded for financial year N that is to be carried over to the financial year N+1;

Step 2
  : In year N+2, the European Parliament shall decide on the reimbursable costs of financial year N+1, determining which of them will be covered by the unspent funding carried over to the financial year N+1 (second part of the final funding amount).

The final funding amount of year N shall be the sum of amounts established in steps 1 and 2.

At the moment of establishing the final funding amount, the clearing of pre-financing shall take place. In case of a carry-over, a partial clearing of pre-financing takes place at the moment of each of the aforementioned steps.

II.24.5   Recovery of unspent funding

Any remaining part of the contribution awarded for year N that is not spent until the end of the year N+1 shall be recovered in accordance with Chapter 5 of Title IV of Part One of the Financial Regulation.

II.24.6   Balance of funding

If the pre-financing paid exceeds the final funding amount the European Parliament shall recover the pre-financing unduly paid.

If the final funding amount exceeds the pre-financing paid, the European Parliament shall pay the balance.

II.24.7   Surplus of own resources

(a)   Building of special reserve

The beneficiary may build a special reserve from the surplus of own resources.

The surplus of own resources to be transferred to the special reserve account shall be the amount of own resources that exceed the sum of own resources necessary to cover 15 % of reimbursable costs actually incurred in financial year N. The beneficiary must have previously covered the non-reimbursable costs of financial year N by using its own resources only.

The reserve shall only be used for the purpose of the co-financing of reimbursable costs and non-reimbursable costs which must be covered from own resources during the implementation of any future Funding Decisions.

(b)   Profit

Profit is defined as a surplus of income over expenditure.

Income includes funding from the Union budget and own resources of the beneficiary.

Contributions by third parties to joint events shall not be considered to be part of the own resources of the beneficiary. Moreover, the beneficiary shall neither directly nor indirectly receive other funding from the Union budget. In particular, donations from the budgets of political groups in the European Parliament shall be prohibited.

The surplus allocated to the special reserve will not be taken into account for the calculation of the profit.

(c)   Recovery

The funding may not produce a profit for the beneficiary. The European Parliament shall be entitled to recover the percentage of the profit corresponding to the Union contribution to the reimbursable costs.

Article II.25

Interest on pre-financing

The Beneficiary shall notify the European Parliament of the amount of interest or equivalent benefits yielded by the pre-financing that it has received from the European Parliament.

The European Parliament shall deduct the interest yielded by pre-financing when calculating the final funding amount. The interest shall not be included in the own resources.

Article II.26

Recovery

If amounts have been unduly paid to the beneficiary or if a recovery procedure is justified under the terms and conditions of the Funding Decision, Regulation (EU, Euratom) No 1141/2014 or the Financial Regulation, the beneficiary shall repay the amounts concerned to the European Parliament, in accordance with the terms and conditions and by the deadline laid down by the European Parliament.

II.26.1   Late-payment interest

If the beneficiary fails to make the repayment by the deadline laid down by the European Parliament, the European Parliament shall charge on the sums due late-payment interest at the rate laid down in Article II.15. The late-payment interest shall cover the period between the expiry of the deadline laid down for repayment and the date on which the European Parliament receives full repayment of the sums due, inclusive.

Any partial repayment shall first be entered against charges and late-payment interest and only then against the principal.

II.26.2   Offsetting

If no repayment has been made by the deadline laid down, the sums due to the European Parliament may be recovered by offsetting them against any sums owed to the beneficiary on any other account in accordance with Article 80 of the Financial Regulation and its Rules of Application. In exceptional circumstances, justified by the need to safeguard the financial interests of the Union, the European Parliament may recover by offsetting before the due date of the payment. The beneficiary's prior consent shall not be required.

II.26.3   Bank charges

Bank charges occasioned by the recovery of the sums owed to the European Parliament shall be borne solely by the beneficiary.

Article II.27

Financial guarantee

If the European Parliament requests a financial guarantee in accordance with Article 204j of the Financial Regulation, the following conditions must be fulfilled:

| (a) | the financial guarantee must be provided by a bank or an approved financial institution or, if requested by the beneficiary and accepted by the European Parliament, by a third party; |
| --- | --- |

(a)

the financial guarantee must be provided by a bank or an approved financial institution or, if requested by the beneficiary and accepted by the European Parliament, by a third party;

| (b) | the guarantor must stand as first-call guarantor and not require the European Parliament to first have recourse against the principal debtor (i.e. the beneficiary concerned); and |
| --- | --- |

(b)

the guarantor must stand as first-call guarantor and not require the European Parliament to first have recourse against the principal debtor (i.e. the beneficiary concerned); and

| (c) | the financial guarantee must explicitly remain in force until the pre-financing is cleared against interim payments or payment of the balance by the European Parliament; if payment of the balance takes the form of a recovery, the financial guarantee must remain in force until the debt is considered to be fully cleared; and the European Parliament must release the guarantee within the following month. |
| --- | --- |

(c)

the financial guarantee must explicitly remain in force until the pre-financing is cleared against interim payments or payment of the balance by the European Parliament; if payment of the balance takes the form of a recovery, the financial guarantee must remain in force until the debt is considered to be fully cleared; and the European Parliament must release the guarantee within the following month.

Article II.28

Control

II.28.1   General provisions

Within the scope of their competence and in accordance with Chapter V of Regulation (EU, Euratom) No 1141/2014 and of Article 204n(1) of the Financial Regulation, the European Parliament and the Authority for European Political Parties and European Political Foundations may at any moment exercise their respective powers of control in order to verify whether the beneficiary is in full compliance with the obligations laid down in the Funding Decision, in Regulation (EU, Euratom) No 1141/2014 and the Financial Regulation.

The beneficiary shall duly cooperate with the competent authorities and shall provide them with all necessary assistance for the conduct of their control.

The European Parliament and the Authority for European Political Parties and European Political Foundations may delegate the task of control to external bodies duly authorised to act on their behalf (‘the authorised bodies’).

II.28.2   Duty to keep documents

For a period of five years starting from the date of submission of the annual report, the beneficiary shall keep stored, on any appropriate medium, all original documents, and in particular accounting and tax records, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein.

The five-year period laid down in the first subparagraph shall not apply in the case of ongoing audits, appeals, litigation or pursuit of claims concerning the funding. In such cases, the beneficiary shall keep the documents until such audits, appeals, litigation or claims have been closed.

II.28.3   Obligation to provide documents and/or information

The beneficiary shall provide any document and/or information, including information in electronic format, which is requested by the European Parliament, the Authority for European Political Parties and European Political Foundations or the authorised body (‘the competent authority’).

Any documents or information provided by the beneficiary shall be processed in accordance with Article II.6.

II.28.4   On-the-spot visits

The competent authority may conduct on-the-spot-visits in the premises of the beneficiary. To this end, it may request in writing that the beneficiary make appropriate arrangements for such visit within an appropriate deadline to be fixed by the competent authority.

During an on-the-spot visit, the beneficiary shall allow the competent authority to have access to the sites and premises where the operation is being or was carried out, as well as to all the necessary information, including information in electronic format.

The beneficiary shall ensure that the information is readily available at the moment of the on-the-spot visit and that the information requested is handed over in an appropriate form.

II.28.5   Contradictory audit procedure

On the basis of the findings made during the control procedure, the European Parliament shall draw up a provisional audit report which shall be sent to the beneficiary. The beneficiary may submit observations within 30 calendar days from the date of receipt of the provisional audit report.

On the basis of the findings in the provisional audit report and possible observations of the beneficiary, the European Parliament shall lay down its final audit findings in a final audit report. The final audit report shall be sent to the beneficiary within 60 calendar days after expiry of the time limit fixed for the submission of observations to the provisional audit report.

II.28.6   Effects of audit findings

Without prejudice to the Parliament's right to take the measures under Article II.11 to Article II.13, the final audit findings shall be duly taken into consideration by the European Parliament in the context of the establishment of the final funding amount.

Cases of possible fraud or severe violation of the applicable rules revealed by the final audit findings shall be notified to the competent national or Union authorities for further action.

The European Parliament may retroactively adjust the decision on the final funding amount on the basis of the final audit findings.

II.28.7   Rights of control of OLAF

The European Anti-Fraud Office (OLAF) shall exercise its rights of control vis-a-vis the beneficiary in accordance with the applicable rules, and in particular with Council Regulation (Euratom, EC) No 2185/96 (8), Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (9), Article 204n(1) of the Financial Regulation and Articles 24(4) and 25(7) of Regulation (EU, Euratom) No 1141/2014.

The beneficiary shall duly cooperate with OLAF and shall provide OLAF with all necessary assistance in its conduct of the control.

The European Parliament may at any time retroactively adjust the decision on the final funding amount on the basis of findings received from the European Anti-Fraud Office (OLAF) in accordance with Article 25(7) of Regulation (EU, Euratom) No 1141/2014. Before the European Parliament decides to retroactively adjust the decision on the final funding amount, the beneficiary shall be duly informed about the relevant findings and of Parliament's intention to adjust the decision on the final funding amount, and shall have the opportunity to submit its observations.

II.28.8   Rights of control of the European Court of Auditors

The European Court of Auditors shall exercises its right of control in accordance with the applicable rules, and notably with Article 204n(1) of the Financial Regulation and Article 25(6) of Regulation (EU, Euratom) No 1141/2014. Articles II.28.3 and II.28.4 apply.

The beneficiary shall duly cooperate with the Court of Auditors and shall provide that Court with all necessary assistance in its conduct of the control.

II.28.9   Failure to comply with the obligations under Article II.28.1 to 4

If the beneficiary does not comply with the obligations laid down in Article II.28.1 to 4, the European Parliament may consider to be non-reimbursable any cost that has been insufficiently substantiated by the beneficiary.

For the European Parliament

[surname, forename]

[signature]

Done in [town: Strasbourg, Luxembourg, Brussels]

Annex

Estimated Budget

| Costs |
| --- |
| Reimbursable costs | Budget | Actual |
| A.1: Personnel costs







  1. | Salaries |

Costs

Reimbursable costs

Budget

Actual

A.1: Personnel costs

1.

Salaries

| 2. | Contributions |
| --- | --- |

2.

Contributions

| 3. | Professional training |
| --- | --- |

3.

Professional training

| 4. | Staff missions expenses |
| --- | --- |

4.

Staff missions expenses

| 5. | Other personnel costs |
| --- | --- |

5.

Other personnel costs

A.2: Infrastructure and operating costs

| 1. | Rent, charges and maintenance costs |
| --- | --- |

1.

Rent, charges and maintenance costs

| 2. | Costs relating to installation, operation and maintenance of equipment |
| --- | --- |

2.

Costs relating to installation, operation and maintenance of equipment

| 3. | Depreciation of movable and immovable property |
| --- | --- |

3.

Depreciation of movable and immovable property

| 4. | Stationery and office supplies |
| --- | --- |

4.

Stationery and office supplies

| 5. | Postal and telecommunications charges |
| --- | --- |

5.

Postal and telecommunications charges

| 6. | Printing, translation and reproduction costs |
| --- | --- |

6.

Printing, translation and reproduction costs

| 7. | Other infrastructure costs |
| --- | --- |

7.

Other infrastructure costs

A.3: Administrative costs

| 1. | Documentation costs (newspapers, press agencies, databases) |
| --- | --- |

1.

Documentation costs (newspapers, press agencies, databases)

| 2. | Costs of studies and research |
| --- | --- |

2.

Costs of studies and research

| 3. | Legal costs |
| --- | --- |

3.

Legal costs

| 4. | Accounting and audit costs |
| --- | --- |

4.

Accounting and audit costs

| 5. | Miscellaneous administrative costs |
| --- | --- |

5.

Miscellaneous administrative costs

| 6. | Support to associated entities |
| --- | --- |

6.

Support to associated entities

A.4: Meetings and representation costs

| 1. | Costs of meetings |
| --- | --- |

1.

Costs of meetings

| 2. | Participation in seminars and conferences |
| --- | --- |

2.

Participation in seminars and conferences

| 3. | Representation costs |
| --- | --- |

3.

Representation costs

| 4. | Costs of invitations |
| --- | --- |

4.

Costs of invitations

| 5. | Other meeting-related costs |
| --- | --- |

5.

Other meeting-related costs

A.5: Information and publication costs

| 1. | Publication costs |
| --- | --- |

1.

Publication costs

| 2. | Creation and operation of Internet sites |
| --- | --- |

2.

Creation and operation of Internet sites

| 3. | Publicity costs |
| --- | --- |

3.

Publicity costs

| 4. | Communications equipment (gadgets) |
| --- | --- |

4.

Communications equipment (gadgets)

| 5. | Seminar and exhibitions |
| --- | --- |

5.

Seminar and exhibitions

| 6. | Election campaigns |
| --- | --- |

6.

Election campaigns

| 7. | Other information-related costs |
| --- | --- |

7.

Other information-related costs

A. TOTAL REIMBURSABLE COSTS

Non-reimbursable costs

| 1. | Allocations to other provisions |
| --- | --- |

1.

Allocations to other provisions

| 2. | Financial charges |
| --- | --- |

2.

Financial charges

| 3. | Exchange losses |
| --- | --- |

3.

Exchange losses

| 4. | Doubtful claims on third parties |
| --- | --- |

4.

Doubtful claims on third parties

| 5. | Others (to be specified) |
| --- | --- |

5.

Others (to be specified)

| 6. | Contributions in kind |
| --- | --- |

6.

Contributions in kind

B. TOTAL NON-REIMBURSABLE COSTS

C. TOTAL COSTS

| Revenue |
| --- |
| | Budget | Actual |
| D.1-1. European Parliament funding carried over from year N-1 | | |
| D.1-2. European Parliament funding awarded for year N | | |
| D.1-3. European Parliament funding carried over to year N+1 | n/a | |
| D.1. European Parliament funding used to cover 85 % of reimbursable costs in year N | | |
| D.2 membership fees | | |
| 2.1 | from member parties |

Revenue

Budget

Actual

D.1-1. European Parliament funding carried over from year N-1

D.1-2. European Parliament funding awarded for year N

D.1-3. European Parliament funding carried over to year N+1

n/a

D.1. European Parliament funding used to cover 85 % of reimbursable costs in year N

D.2 membership fees

2.1

from member parties

| 2.2 | from individual members |
| --- | --- |

2.2

from individual members

D.3 Donations

D.4 Other own resources

(to be specified)

D.5 Contributions in kind

D: TOTAL REVENUE

E. profit/loss (D-C)

| F. Allocation of own resources to the reserve account | | |
| --- | --- | --- |
| G. Profit/loss for verifying compliance with the no-profit rule (F-G) | | |
| | | |
| H. Interest from pre-financing | | |

F. Allocation of own resources to the reserve account

G. Profit/loss for verifying compliance with the no-profit rule (F-G)

H. Interest from pre-financing

Note: indicative structure only. The binding structure of the estimated budget shall be published annually with the call for contributions.

---

(1)  OJ L 317, 4.11.2014, p. 1.

1

(2)  OJ L 298, 26.10.2012, p. 1.

2

(3)  OJ L 362 of 31.12.2012, p. 1.

3

(4)  OJ L 333 of 19.12.2015, p. 50.

4

(5)  OJ C 205, 29.6.2017, p. 2.

5

(6)  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 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).

6

(7)  Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1).

7

(8)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

8

(9)  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 of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

9

---

ANNEX 1b

[MODEL] GRANT DECISION - FOUNDATION

NUMBER: ...[INSERT]...

Having regard to the Treaty on European Union, and in particular Article 10(4) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 224 thereof,

Having regard to Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations (1), and in particular Article 25(1) thereof,

Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union (2) (‘the Financial Regulation’),

Having regard to Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 (3) (‘the Rules of Application of the Financial Regulation’),

Having regard to the Commission Delegated Regulation (EU, Euratom) 2015/2401 of 2 October 2015 on the content and functioning of the Register of European political parties and foundations (4),

Having regard to the Rules of Procedure of the European Parliament, and in particular Rule 25(11) thereof,

Having regard to the Decision of the Bureau of the European Parliament of 12 June 2017 (5) laying down the procedures for implementing Regulation (EU, Euratom) No 1141/2014,

Having regard to the terms and conditions laid down by the European Parliament in the call for proposals with a view to awarding funding to political foundations at European level,

Whereas:

| (1) | Article 10(4) of the Treaty on European Union provides that the political parties at European level are to contribute to forming European political awareness and to expressing the will of citizens of the Union. |
| --- | --- |

(1)

Article 10(4) of the Treaty on European Union provides that the political parties at European level are to contribute to forming European political awareness and to expressing the will of citizens of the Union.

| (2) | This decision is the result of a call for proposals by which the applicants were informed of the model Funding Decision, including the terms and conditions. |
| --- | --- |

(2)

This decision is the result of a call for proposals by which the applicants were informed of the model Funding Decision, including the terms and conditions.

| (3) | [the beneficiary] introduced a request for financing on [date of reception by the European Parliament], and explicitly agreed to the terms and conditions of the Funding Decision, |
| --- | --- |

(3)

[the beneficiary] introduced a request for financing on [date of reception by the European Parliament], and explicitly agreed to the terms and conditions of the Funding Decision,

THE BUREAU OF THE EUROPEAN PARLIAMENT HAS EXAMINED the request in its meeting of [date] and HAS ADOPTED THIS DECISION:

An operating grant within the meaning of Article 121 of the Financial Regulation (‘funding’) is awarded to:

| [full official name of the beneficiary] |
| --- |
| [official legal form] |
| [legal registration No] |
| [full official address] |
| [VAT number], |
| (‘the beneficiary)’, |

[full official name of the beneficiary]

[official legal form]

[legal registration No]

[full official address]

[VAT number],

(‘the beneficiary)’,

represented, for the purposes of this Funding Decision by:

...[representative entitled to enter into legal commitments]...,

to support the beneficiary's statutory activities and objectives,

under the terms and conditions set out in the call for proposals and the present Decision (‘the Funding Decision’), including its Special Terms and Conditions, General Terms and Conditions and Annexes:

| | Annex 1 Estimated budget |
| --- | --- |

Annex 1 Estimated budget

| | Annex 2 Work programme |
| --- | --- |

Annex 2 Work programme

which shall form an integral part of this Funding Decision.

The provisions of the Special Terms and Conditions shall take precedence over those of the other parts of this Decision. The provisions of the General Terms and Conditions shall take precedence over those of the other Annexes.

Table of contents

| I. | SPECIAL TERMS AND CONDITIONS | 28 |
| --- | --- | --- |

I.

| Article I.1 - | Subject matter of the Decision | 28 |
| --- | --- | --- |

Article I.1 -

| Article I.2 - | Period of eligibility | 29 |
| --- | --- | --- |

Article I.2 -

| Article I.3 - | Form of funding | 29 |
| --- | --- | --- |

Article I.3 -

| Article I.4 - | Provisional (maximum) funding amount | 29 |
| --- | --- | --- |

Article I.4 -

| Article I.5 - | Payments and payment arrangements | 29 |
| --- | --- | --- |

Article I.5 -

| I.5.1 | Pre-financing | 29 |
| --- | --- | --- |

I.5.1

| I.5.2 | Payment of the balance or recovery of pre-financing unduly paid | 29 |
| --- | --- | --- |

I.5.2

| I.5.3 | Currency | 29 |
| --- | --- | --- |

I.5.3

| Article I.6 - | Bank account | 29 |
| --- | --- | --- |

Article I.6 -

| Article I.7 - | General administrative provisions | 30 |
| --- | --- | --- |

Article I.7 -

| Article I.8 - | Entry into force of the Decision | 30 |
| --- | --- | --- |

Article I.8 -

| II. | GENERAL TERMS AND CONDITIONS | 30 |
| --- | --- | --- |

II.

| PART A: | LEGAL AND ADMINISTRATIVE PROVISIONS | 30 |
| --- | --- | --- |

PART A:

| Article II.1 - | Definitions | 30 |
| --- | --- | --- |

Article II.1 -

| Article II.2 - | General obligations of the beneficiary | 31 |
| --- | --- | --- |

Article II.2 -

| Article II.3 - | Obligations linked to bank account | 31 |
| --- | --- | --- |

Article II.3 -

| Article II.4 - | Liability for damages | 31 |
| --- | --- | --- |

Article II.4 -

| Article II.5 - | Confidentiality | 31 |
| --- | --- | --- |

Article II.5 -

| Article II.6 - | Processing of personal data | 32 |
| --- | --- | --- |

Article II.6 -

| Article II.7 - | Record keeping | 32 |
| --- | --- | --- |

Article II.7 -

| Article II.8 - | Visibility of Union funding | 32 |
| --- | --- | --- |

Article II.8 -

| II.8.1 | Information on Union funding | 32 |
| --- | --- | --- |

II.8.1

| II.8.2 | Disclaimers excluding European Parliament responsibility | 32 |
| --- | --- | --- |

II.8.2

| II.8.3 | Publication of information by the European Parliament | 32 |
| --- | --- | --- |

II.8.3

| Article II.9 - | Award of contracts by the beneficiary | 32 |
| --- | --- | --- |

Article II.9 -

| II.9.1 | Principles | 32 |
| --- | --- | --- |

II.9.1

| II.9.2 | Record keeping | 32 |
| --- | --- | --- |

II.9.2

| II.9.3 | Control | 33 |
| --- | --- | --- |

II.9.3

| II.9.4 | Liability | 33 |
| --- | --- | --- |

II.9.4

| Article II.10 - | Financial support to third parties | 33 |
| --- | --- | --- |

Article II.10 -

| Article II.11 - | Force majeure | 33 |
| --- | --- | --- |

Article II.11 -

| Article II.12 - | Suspension Of payment of funding | 33 |
| --- | --- | --- |

Article II.12 -

| II.12.1 | Grounds for suspension | 33 |
| --- | --- | --- |

II.12.1

| II.12.2 | Procedure for suspension | 33 |
| --- | --- | --- |

II.12.2

| II.12.3 | Effects of the suspension | 34 |
| --- | --- | --- |

II.12.3

| II.12.4 | Resumption of payment | 34 |
| --- | --- | --- |

II.12.4

| Article II.13 - | Withdrawal of the Funding Decision by the European Parliament | 34 |
| --- | --- | --- |

Article II.13 -

| II.13.1 | Grounds for withdrawal | 34 |
| --- | --- | --- |

II.13.1

| II.13.2 | Procedure for withdrawal | 34 |
| --- | --- | --- |

II.13.2

| II.13.3 | Effects of withdrawal | 34 |
| --- | --- | --- |

II.13.3

| Article II.14 - | Termination of the Funding Decision | 34 |
| --- | --- | --- |

Article II.14 -

| II.14.1 | Termination at the request of the beneficiary | 34 |
| --- | --- | --- |

II.14.1

| II.14.2 | Termination by the European Parliament | 34 |
| --- | --- | --- |

II.14.2

| Article II.15 - | Assignment | 35 |
| --- | --- | --- |

Article II.15 -

| Article II.16 - | Late-payment interest | 35 |
| --- | --- | --- |

Article II.16 -

| Article II.17 - | Applicable law | 35 |
| --- | --- | --- |

Article II.17 -

| Article II.18 - | Right to be heard | 36 |
| --- | --- | --- |

Article II.18 -

| PART B: | FINANCIAL PROVISIONS | 36 |
| --- | --- | --- |

PART B:

| Article II.19 - | Eligible costs | 36 |
| --- | --- | --- |

Article II.19 -

| II.19.1 | Conditions | 36 |
| --- | --- | --- |

II.19.1

| II.19.2 | Examples for eligible costs | 36 |
| --- | --- | --- |

II.19.2

| Article II.20 | Ineligible costs | 36 |
| --- | --- | --- |

Article II.20

| Article II.21 | Contributions in kind | 37 |
| --- | --- | --- |

Article II.21

| Article II.22 - | Budget transfers | 37 |
| --- | --- | --- |

Article II.22 -

| Article II.23 - | Reporting obligations | 37 |
| --- | --- | --- |

Article II.23 -

| II.23.1 | Annual report | 38 |
| --- | --- | --- |

II.23.1

| II.23.2 | External audit report | 38 |
| --- | --- | --- |

II.23.2

| Article II.24 - | Decision on annual report | 38 |
| --- | --- | --- |

Article II.24 -

| Article II.25 - | Decision on the final funding amount | 39 |
| --- | --- | --- |

Article II.25 -

| II.25.1 | Impact of the annual report | 39 |
| --- | --- | --- |

II.25.1

| II.25.2 | Threshold | 39 |
| --- | --- | --- |

II.25.2

| II.25.3 | Carry-over of surplus | 39 |
| --- | --- | --- |

II.25.3

| II.25.4 | Decision on final funding amount | 39 |
| --- | --- | --- |

II.25.4

| II.25.5 | Balance of funding | 40 |
| --- | --- | --- |

II.25.5

| II.25.6 | Profit | 40 |
| --- | --- | --- |

II.25.6

| Article II.26 - | Recovery | 40 |
| --- | --- | --- |

Article II.26 -

| II.26.1 | Late payment interest | 40 |
| --- | --- | --- |

II.26.1

| II.26.2 | Offsetting | 40 |
| --- | --- | --- |

II.26.2

| II.26.3 | Bank charges | 40 |
| --- | --- | --- |

II.26.3

| Article II.27 - | Financial guarantee | 41 |
| --- | --- | --- |

Article II.27 -

| Article II.28 - | Control | 41 |
| --- | --- | --- |

Article II.28 -

| II.28.1 | General provisions | 41 |
| --- | --- | --- |

II.28.1

| II.28.2 | Duty to keep documents | 41 |
| --- | --- | --- |

II.28.2

| II.28.3 | Obligation to provide documents and/or information | 41 |
| --- | --- | --- |

II.28.3

| II.28.4 | On-the-spot visits | 41 |
| --- | --- | --- |

II.28.4

| II.28.5 | Contradictory audit procedure | 41 |
| --- | --- | --- |

II.28.5

| II.28.6 | Effects of audit findings | 42 |
| --- | --- | --- |

II.28.6

| II.28.7 | Rights of control of OLAF | 42 |
| --- | --- | --- |

II.28.7

| II.28.8 | Rights of control of the European Court of Auditors | 42 |
| --- | --- | --- |

II.28.8

| II.28.9 | Failure to comply with the obligations under Article II.28.1 to | 42 |
| --- | --- | --- |

II.28.9

| Annex 1 - | Estimated budget | 43 |
| --- | --- | --- |

Annex 1 -

| Annex 2 - | Work programme | 45 |
| --- | --- | --- |

Annex 2 -

I.   SPECIAL TERMS AND CONDITIONS

Article I.1

Subject matter of the Decision

The European Parliament awards funding for the implementation of the statutory activities and objectives of the beneficiary in the financial year [insert], in accordance with the terms and conditions set out in the Special Terms and Conditions and the General Terms and Conditions (‘terms and conditions’), as well as in accordance with the Annexes to the Funding Decision. This constitutes implementation of the Funding Decision by the European Parliament.

The beneficiary will use the funding for the purpose of implementing its statutory activities and objectives, acting on its own responsibility and in accordance with the terms and conditions and the Annexes to the Funding Decision. This constitutes implementation of the Funding Decision by the beneficiary.

Article I.2

Period of eligibility

The period of eligibility for Union funding shall run from [insert DD/MM/YY] to [insert DD/MM/YY].

Article I.3

Form of funding

The grant awarded to the beneficiary pursuant to Title VI of Part I of the Financial Regulation shall take the form of a reimbursement of a percentage of the eligible costs actually incurred.

Article I.4

Provisional (maximum) funding amount

The European Parliament shall contribute a maximum amount of EUR [insert amount], which shall not exceed 85 % of the total estimated eligible costs.

The estimated eligible costs of the beneficiary are set out in Annex 1 (‘estimated budget’). The estimated budget shall be in balance and shall give a breakdown of all the beneficiary's costs and revenue for the period of eligibility. The eligible costs shall be separated from ineligible costs, pursuant to Article II.19.

Article I.5

Payments and payment arrangements

The funding shall be paid in accordance with the following timetable and arrangements.

I.5.1   Pre-financing

Pre-financing payment of EUR [insert amount], representing [100 % by default, otherwise insert the percentage decided by the European Parliament] of the maximum amount established in Article I.4 of this Funding Decision, shall be made to the beneficiary within 30 days following the date of entry into force of the Funding Decision or, if applicable, from the date when the European Parliament receives the financial guarantee of EUR [insert amount], whichever is the latest.

I.5.2   Payment of the balance or recovery of pre-financing unduly paid

The balance of funding shall be paid to the beneficiary or any pre-financing unduly paid shall be recovered within 30 days following the decision of the European Parliament on the annual report and the determination of the final funding amount as specified in Article II.23 and Article II.25.

I.5.3   Currency

Payments shall be made by the European Parliament in euro. Any conversion of actual costs into euro shall be made at the daily rate published in the C series of the Official Journal of the European Union or, failing that, at the monthly accounting rate established by the European Parliament and published on its website, on the day when the payment order is issued by the European Parliament, save where the Special Terms and Conditions expressly provided otherwise.

Payments by the European Parliament shall be deemed to have been effected on the date on which they are debited to the European Parliament's account.

Article I.6

Bank account

Payments shall be made into a bank account or sub-account held by the beneficiary in the bank established in a European Union Member State, denominated in euro, details of which are given below:

| Name of the bank: [...] |
| --- |
| Address of the branch where the account is held: [...] |
| Precise denomination of the account holder: [...] |
| Full account number (including bank codes): [...] |
| IBAN: [...] |
| BIC / SWIFT: [...] |

Name of the bank: [...]

Address of the branch where the account is held: [...]

Precise denomination of the account holder: [...]

Full account number (including bank codes): [...]

IBAN: [...]

BIC / SWIFT: [...]

Article I.7

General administrative provisions

Any communication addressed to the European Parliament in connection with the Funding Decision shall be in writing, shall bear the number of the Funding Decision and shall be sent to the following address:

| European Parliament |
| --- |
| The President |
| c/o the Director-General of Finance |
| Office SCH 05B031 |
| L-2929 Luxembourg |

European Parliament

The President

c/o the Director-General of Finance

Office SCH 05B031

L-2929 Luxembourg

Ordinary mail shall be deemed to have been received by the European Parliament on the date on which it is formally registered by the European Parliament's Mail Service.

The Funding Decision is addressed to the beneficiary under the following address:

| Mr/Mrs [...] |
| --- |
| [Title] |
| [Official name of the beneficiary body] |
| [Full official address] |

Mr/Mrs [...]

[Title]

[Official name of the beneficiary body]

[Full official address]

Any change of address by the beneficiary shall be communicated to the European Parliament in writing without delay.

Article I.8

Entry into force of the Decision

The Funding Decision shall enter into force on the date on which it is signed on behalf of the European Parliament.

II.   GENERAL TERMS AND CONDITIONS

PART A: LEGAL AND ADMINISTRATIVE PROVISIONS

Article II.1

Definitions

For the purpose of this Funding Decision:

| (1) | ‘activity report’ means a written justification of the costs incurred during the period of eligibility. For example, an explanation of activities, administrative costs, etc. The activity report is part of the annual report; |
| --- | --- |

(1)

‘activity report’ means a written justification of the costs incurred during the period of eligibility. For example, an explanation of activities, administrative costs, etc. The activity report is part of the annual report;

| (2) | ‘annual report’ means a report to be submitted within six months following the end of the financial year in accordance with Article 23 of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(2)

‘annual report’ means a report to be submitted within six months following the end of the financial year in accordance with Article 23 of Regulation (EU, Euratom) No 1141/2014;

| (3) | ‘balance of funding’ means the difference between the pre-financing amount pursuant to Article I.5.1 and the final funding amount established pursuant to Article II.25.4; |
| --- | --- |

(3)

‘balance of funding’ means the difference between the pre-financing amount pursuant to Article I.5.1 and the final funding amount established pursuant to Article II.25.4;

| (4) | ‘clearing of pre-financing’ means a situation where the final funding amount is established by the authorising officer and the amount paid to the beneficiary is no longer the property of the Union; |
| --- | --- |

(4)

‘clearing of pre-financing’ means a situation where the final funding amount is established by the authorising officer and the amount paid to the beneficiary is no longer the property of the Union;

| (5) | ‘conflict of interests’ means a situation where the impartial and objective implementation of the Funding Decision by the beneficiary is compromised for reasons involving family, emotional life, national affinity, economic interest, or any other shared interest with any third party related to the subject matter of the Funding Decision; Political affinity does not, in principle, constitute a reason for a conflict of interests in the case of agreements concluded between the political party and organisations sharing the same political values. Nevertheless, in the case of such an agreement, compliance with Article 22 of Regulation (EU, Euratom) No 1141/2014 must be observed; |
| --- | --- |

(5)

‘conflict of interests’ means a situation where the impartial and objective implementation of the Funding Decision by the beneficiary is compromised for reasons involving family, emotional life, national affinity, economic interest, or any other shared interest with any third party related to the subject matter of the Funding Decision; Political affinity does not, in principle, constitute a reason for a conflict of interests in the case of agreements concluded between the political party and organisations sharing the same political values. Nevertheless, in the case of such an agreement, compliance with Article 22 of Regulation (EU, Euratom) No 1141/2014 must be observed;

| (6) | ‘contributions in kind’ or ‘offering in kind’ both mean non-financial resources, made available free of charge by third parties to the beneficiary, pursuant to Article 2(7) and 2(8) of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(6)

‘contributions in kind’ or ‘offering in kind’ both mean non-financial resources, made available free of charge by third parties to the beneficiary, pursuant to Article 2(7) and 2(8) of Regulation (EU, Euratom) No 1141/2014;

| (7) | ‘financial year N’ or ‘period of eligibility’ both mean the period of implementation of the activities for which the funding was awarded under the Funding Decision, as specified in Article I.2; |
| --- | --- |

(7)

‘financial year N’ or ‘period of eligibility’ both mean the period of implementation of the activities for which the funding was awarded under the Funding Decision, as specified in Article I.2;

| (8) | ‘force majeure’
  means any unforeseeable, exceptional situation or event beyond the control of the beneficiary or the European Parliament that prevents either of them from fulfilling any of their obligations under the Funding Decision, that is not attributable to error or negligence on their part or on the part of the subcontractors affiliated entities or third parties in receipt of financial support and that proves to be inevitable despite their exercising due diligence. The following cannot be invoked as force majeure: labour disputes, strikes, financial difficulties or any default of a service, defect in equipment or materials or delays in making them available, unless they stem directly from a relevant case of force majeure; |
| --- | --- |

(8)

‘force majeure’
  means any unforeseeable, exceptional situation or event beyond the control of the beneficiary or the European Parliament that prevents either of them from fulfilling any of their obligations under the Funding Decision, that is not attributable to error or negligence on their part or on the part of the subcontractors affiliated entities or third parties in receipt of financial support and that proves to be inevitable despite their exercising due diligence. The following cannot be invoked as force majeure: labour disputes, strikes, financial difficulties or any default of a service, defect in equipment or materials or delays in making them available, unless they stem directly from a relevant case of force majeure;

| (9) | ‘formally notify’ means to communicate in writing by mail or electronic mail with proof of delivery; |
| --- | --- |

(9)

‘formally notify’ means to communicate in writing by mail or electronic mail with proof of delivery;

| (10) | ‘fraud’ means any intentional act or omission affecting the Union's financial interests relating to the use or presentation of false, incorrect or incomplete statements or documents, or to the non-disclosure of information in violation of a specific obligation; |
| --- | --- |

(10)

‘fraud’ means any intentional act or omission affecting the Union's financial interests relating to the use or presentation of false, incorrect or incomplete statements or documents, or to the non-disclosure of information in violation of a specific obligation;

| (11) | ‘funding’ means the same as ‘grants’ within the meaning of Part One, Title VI of the Financial Regulation and Chapter IV of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(11)

‘funding’ means the same as ‘grants’ within the meaning of Part One, Title VI of the Financial Regulation and Chapter IV of Regulation (EU, Euratom) No 1141/2014;

| (12) | ‘irregularity’ means any infringement of a provision of Union law resulting from an act or omission by the beneficiary, which has or would have the effect of prejudicing the Union's budget; |
| --- | --- |

(12)

‘irregularity’ means any infringement of a provision of Union law resulting from an act or omission by the beneficiary, which has or would have the effect of prejudicing the Union's budget;

| (13) | ‘own resources’: external sources of funding other than Union funding. For example: donations, contributions from members (as defined in points (7) and (8) of Article 2 of Regulation (EU, Euratom) No 1141/2014), etc.; |
| --- | --- |

(13)

‘own resources’: external sources of funding other than Union funding. For example: donations, contributions from members (as defined in points (7) and (8) of Article 2 of Regulation (EU, Euratom) No 1141/2014), etc.;

| (14) | ‘related person’ means any person who has the power to represent the beneficiary or to take decisions on its behalf; |
| --- | --- |

(14)

‘related person’ means any person who has the power to represent the beneficiary or to take decisions on its behalf;

| (15) | ‘substantial error’ means any infringement of a provision of the Funding Decision resulting from an act or omission, which causes or might cause a loss to the budget of the European Union. |
| --- | --- |

(15)

‘substantial error’ means any infringement of a provision of the Funding Decision resulting from an act or omission, which causes or might cause a loss to the budget of the European Union.

Article II.2

General obligations of the beneficiary

The beneficiary:

| (a) | shall bear sole responsibility for, and the burden of proving, compliance with any legal obligations incumbent on it; |
| --- | --- |

(a)

shall bear sole responsibility for, and the burden of proving, compliance with any legal obligations incumbent on it;

| (b) | shall be required to make good any damage suffered by the European Parliament as a result of the implementation, including the incorrect implementation, of the Funding Decision, except in cases of force majeure; |
| --- | --- |

(b)

shall be required to make good any damage suffered by the European Parliament as a result of the implementation, including the incorrect implementation, of the Funding Decision, except in cases of force majeure;

| (c) | shall bear sole liability towards third parties, including for damage of any kind suffered by them during the implementation of the Funding Decision; |
| --- | --- |

(c)

shall bear sole liability towards third parties, including for damage of any kind suffered by them during the implementation of the Funding Decision;

| (d) | shall inform the European Parliament immediately of any change in its legal, financial, technical, organisational or ownership situation and of any change in its name, address or legal representative; |
| --- | --- |

(d)

shall inform the European Parliament immediately of any change in its legal, financial, technical, organisational or ownership situation and of any change in its name, address or legal representative;

| (e) | shall take all necessary measures to prevent any conflict of interests arising. |
| --- | --- |

(e)

shall take all necessary measures to prevent any conflict of interests arising.

Article II.3

Obligations linked to bank account

The account or sub-account referred to in Article I.6 must make it possible to identify the amounts paid by the European Parliament and the interest yielded or equivalent benefits.

If the amounts paid into this account yield interest or equivalent benefits under the law of the Member State on whose territory the account is opened, such interest or benefits may be kept by the beneficiary, in accordance with Article 8(4) of the Financial Regulation.

Under no circumstances shall the amounts paid by the European Parliament be used for speculative purposes.

The pre-financing shall remain the property of the Union until it is cleared against the final funding amount.

Article II.4

Liability for damages

The European Parliament may not be held liable for any damage caused or sustained by the beneficiary, including any damage caused to third parties during or as a consequence of the implementation of this Funding Decision.

Except in cases of force majeure, the beneficiary or the related person shall compensate the European Parliament for any damage it sustains as a result of the implementation of the Funding Decision or because the Funding Decision was not implemented in full compliance with its provisions.

Article II.5

Confidentiality

Unless otherwise stipulated in this Funding Decision, in Article 32 of Regulation (EU, Euratom) No 1141/2014 and in other applicable Union legal acts, the European Parliament and the beneficiary undertake to preserve the confidentiality of any document, information or other material directly related to the subject matter of this Funding Decision.

Article II.6

Processing of personal data

Any personal data collected in the context of the Funding Decision shall be processed in accordance with Article 33 of Regulation (EU, Euratom) No 1141/2014 and with Regulation (EC) No 45/2001 (6).

Such data shall only be processed for the purpose of the implementation and monitoring of the Funding Decision without prejudice to their possible transfer to the bodies responsible for carrying out verification and audit tasks in accordance with Union law.

Article II.7

Record keeping

In accordance with Article 136 of the Financial Regulation, the beneficiary shall keep any records, supporting documents, statistical records and other records concerning the implementation of the Funding Decision for five years following the payment of the balance or recovery of the pre-financing unduly paid.

Records related to audits, appeals, litigation or the settlement of claims arising out of the use of funding shall be retained until the end of such audits, appeals, litigation or settlement of claims.

Article II.8

Visibility of Union funding

II.8.1   Information on Union funding

Unless the European Parliament requests or agrees otherwise, any communication or publication by the beneficiary that relates to the Funding Decision, including at a conference, seminar, or in any information or promotional materials (such as brochures, leaflets, posters, presentations, in electronic form, etc.), shall indicate that the programme has received financial support from the European Parliament.

II.8.2   Disclaimers excluding European Parliament responsibility

Any communication or publication by the beneficiary, in any form and any medium, shall indicate that sole liability rests with the author and that the European Parliament is not responsible for any use that may be made of the information contained therein.

II.8.3   Publication of information by the European Parliament

The European Parliament publishes on a website the information specified in Article 32 of Regulation (EU, Euratom) No 1141/2014.

Article II.9

Award of contracts by the beneficiary

II.9.1   Principles

If the beneficiary concludes procurement contracts in order to implement the Funding Decision, the beneficiary shall be required to seek competitive tenders and to award the contract to the tenderer offering best value for money or, as appropriate, to the tender offering the lowest price. The beneficiary shall avoid any conflict of interests.

For contracts with a value of more than EUR 60 000 per supplier and per good or service, the beneficiary shall collect at least three offers received in response to a written invitation to bid detailing the requirements for the procurement. The duration of the contracts concerned shall not exceed five years.

If there are fewer than three offers responding to the written invitation to bid, the beneficiary shall be required to prove that it was impossible to obtain more offers for the procurement in question.

II.9.2   Record keeping

The beneficiary shall keep a record of the evaluation of the offers and shall justify in writing its choice of the final supplier.

II.9.3   Control

The beneficiary shall ensure that the European Parliament, the Authority for European Political Parties and European Political Foundations, the European Court of Auditors and the European Anti-Fraud Office (OLAF) are able to exercise their powers of control under Chapter V of Regulation (EU, Euratom) No 1141/2014. The beneficiary shall ensure that contracts concluded with third parties provide for the possibility that those powers of control may also be exercised in respect of those third parties.

II.9.4   Liability

The beneficiary shall bear sole liability in respect of the implementation of the Funding Decision and compliance with the provisions of the Funding Decision. The beneficiary shall undertake to make all the arrangements required to ensure that the contractor agrees to waive all rights against the European Parliament under the Funding Decision.

Article II.10

Financial support to third parties

Financial support by the beneficiary to third parties, within in the meaning of Article 137 of the Financial Regulation, may, under the following conditions, constitute eligible costs:

| (a) | the financial support is granted by the beneficiary to the following third parties: ... [insert the names of potential beneficiaries as indicated in the application form]; |
| --- | --- |

(a)

the financial support is granted by the beneficiary to the following third parties: ... [insert the names of potential beneficiaries as indicated in the application form];

| (b) | the financial support per third party does not exceed EUR 60 000; |
| --- | --- |

(b)

the financial support per third party does not exceed EUR 60 000;

| (c) | it is used by the third party for eligible costs; |
| --- | --- |

(c)

it is used by the third party for eligible costs;

| (d) | the beneficiary guarantees a possible recovery of such financial support. |
| --- | --- |

(d)

the beneficiary guarantees a possible recovery of such financial support.

A national or European political party and a national or European political foundation shall not be considered to be a third party for the purposes of this Article.

In accordance with Article 137(2), of the Financial Regulation, the beneficiary shall ensure that the European Parliament and the European Court of Auditors can exercise their powers of control over all third parties who have received Union funds in respect of documents, premises and information, including that stored on electronic media.

Article II.11

Force majeure

If either the European Parliament or the beneficiary is faced with a situation of force majeure, it shall inform the other without delay, by registered letter with proof of delivery or equivalent, stating the nature, probable duration and likely effects of the situation in question.

The European Parliament and the beneficiary shall make every effort to minimise any damage which might be caused by a situation of force majeure.

Neither the European Parliament nor the beneficiary shall be held to be in breach of any of its obligations under the Funding Decision if it has been prevented from fulfilling that obligation by force majeure.

Article II.12

Suspension of payment of funding

II.12.1   Grounds for suspension

Without prejudice to Article 135 of the Financial Regulation and Article 208 of the Rules of Application of the Financial Regulation, the European Parliament shall have the right to suspend the payment of the funding:

| (i) | if the European Parliament suspects that substantial errors, irregularities, fraud or breach of obligations have been committed by the beneficiary in the award procedure or while implementing the Funding Decision and needs to verify whether they have actually occurred; |
| --- | --- |

(i)

if the European Parliament suspects that substantial errors, irregularities, fraud or breach of obligations have been committed by the beneficiary in the award procedure or while implementing the Funding Decision and needs to verify whether they have actually occurred;

| (ii) | if the beneficiary has been subject to the financial sanctions provided for in Article 27(4) of Regulation (EU, Euratom) No 1141/2014 until the financial sanction is paid. |
| --- | --- |

(ii)

if the beneficiary has been subject to the financial sanctions provided for in Article 27(4) of Regulation (EU, Euratom) No 1141/2014 until the financial sanction is paid.

II.12.2   Procedure for suspension

Step 1
  — Before suspending the payment, the European Parliament shall formally notify the beneficiary of its intention to suspend, stating its reasons for wishing to do so and inviting the beneficiary to submit observations within 30 calendar days after receiving that notification.

Step 2
  — If, after expiry of the period for submission of observations, the European Parliament decides not to pursue the suspension procedure, it shall notify the beneficiary of that decision.

If, after expiry of the period for submission of observations, the European Parliament decides to pursue the suspension procedure, it shall formally notify the beneficiary, by means of a reasoned decision on suspension, informing it of:

| (i) | the indicative date of completion of the necessary verification in the case referred to in point (i) of Article II.12.1; and |
| --- | --- |

(i)

the indicative date of completion of the necessary verification in the case referred to in point (i) of Article II.12.1; and

| (ii) | any legal remedies. |
| --- | --- |

(ii)

any legal remedies.

II.12.3   Effects of the suspension

The suspension of payment shall have the effect that the beneficiary is not entitled to receive any payments from the European Parliament until the verification referred to in point (i) of Article II.12.2, under Step 2, is complete or the ground for suspension ceases to apply. This is without prejudice to the right of the European Parliament to terminate funding or to withdraw the Funding Decision.

II.12.4   Resumption of payment

From the moment when the ground for the suspension of payment ceases to apply, all payments concerned shall be resumed and the European Parliament shall notify the beneficiary thereof.

Article II.13

Withdrawal of the Funding Decision by the European Parliament

II.13.1   Grounds for withdrawal

The European Parliament shall have the power to withdraw the Funding Decision on the basis of a decision of the Authority removing the beneficiary from the Register, except in the case provided for in point (c) of Article 16(2) of Regulation (EU, Euratom) No 1141/2014.

II.13.2   Procedure for withdrawal

Step 1
  — Before withdrawing the Funding Decision, the European Parliament shall formally notify the beneficiary, of its intention to withdraw, stating its reasons for wishing to do so and inviting the beneficiary to submit observations within 30 calendar days after receiving that notification.

Step 2
  — If, after expiry of the period for submission of observations, the European Parliament decides not to withdraw the Funding Decision, it shall notify the beneficiary of that decision.

If, after expiry of the period for submission of observations, the European Parliament decides to withdraw the Funding Decision, it shall formally notify the beneficiary by means of a reasoned decision on withdrawal.

Any amount unduly paid to the beneficiary shall be recovered under the applicable rules of the Financial Regulation.

II.13.3   Effects of withdrawal

The decision to withdraw the Funding Decision shall have retroactive effect from the date of the adoption of the Funding Decision.

Article II.14

Termination of the Funding Decision

II.14.1   Termination at the request of the beneficiary

The beneficiary may request the termination of the Funding Decision.

The beneficiary shall formally notify the European Parliament on termination, stating:

| (a) | the reasons for termination; and |
| --- | --- |

(a)

the reasons for termination; and

| (b) | the date on which the termination is to take effect, which shall not be earlier than the date on which the formal notification was sent. |
| --- | --- |

(b)

the date on which the termination is to take effect, which shall not be earlier than the date on which the formal notification was sent.

The termination shall take effect on the day specified in the decision of termination.

II.14.2   Termination by the European Parliament

(a)   Grounds for termination

The European Parliament shall have the power to terminate the Funding Decision in any of the following circumstances:

| (a) | on the basis of a decision by the Authority to remove the beneficiary from the Register, in the cases provided for in point (c) of Article 16(2) of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(a)

on the basis of a decision by the Authority to remove the beneficiary from the Register, in the cases provided for in point (c) of Article 16(2) of Regulation (EU, Euratom) No 1141/2014;

| (b) | if the beneficiary no longer complies with Article 18(2) of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(b)

if the beneficiary no longer complies with Article 18(2) of Regulation (EU, Euratom) No 1141/2014;

| (c) | in the cases referred to in Article 135(3) and (5) of the Financial Regulation; |
| --- | --- |

(c)

in the cases referred to in Article 135(3) and (5) of the Financial Regulation;

| (d) | the beneficiary or any related person or person that has assumed unlimited liability for the debts of the beneficiary falls under any of the situations provided for in points (a) or (b) of Article 106 (1) of the Financial Regulation; |
| --- | --- |

(d)

the beneficiary or any related person or person that has assumed unlimited liability for the debts of the beneficiary falls under any of the situations provided for in points (a) or (b) of Article 106 (1) of the Financial Regulation;

| (e) | the beneficiary or any related person finds itself in any of the situations provided for in points (c), (d), (e) or (f) of Article 106(1) or comes within the scope of Article 106 (2) of the Financial Regulation; or |
| --- | --- |

(e)

the beneficiary or any related person finds itself in any of the situations provided for in points (c), (d), (e) or (f) of Article 106(1) or comes within the scope of Article 106 (2) of the Financial Regulation; or

| (f) | if the beneficiary forfeits its status as beneficiary pursuant to Article 10(6) of Regulation (EU, Euratom) No 1141/2014. |
| --- | --- |

(f)

if the beneficiary forfeits its status as beneficiary pursuant to Article 10(6) of Regulation (EU, Euratom) No 1141/2014.

(b)   Procedure for termination

Step 1
  — Before termination of the Funding Decision, the European Parliament shall formally notify the beneficiary of its intention to terminate, stating its reasons for wishing to do so and inviting the beneficiary to submit observations within 30 calendar days after receiving that notification.

Step 2
  — If, after expiry of the period for submission of observations, the European Parliament decides not to terminate the Funding Decision, it shall notify the beneficiary of that decision.

If, after expiry of the period for submission of observations, the European Parliament decides to terminate the Funding Decision, it shall formally notify the beneficiary, by means of a reasoned decision on termination.

The termination of the Funding Decision shall take effect on the day that that decision is notified to the beneficiary.

II.14.3   Effects of termination

The decision to terminate the Funding Decision shall take effect ex nunc. The costs actually incurred by the beneficiary from the day that the decision to terminate takes effect are to be qualified as ineligible costs.

Article II.15

Assignment

The beneficiary may not assign any of its claims for payment against the European Parliament to any third party, except if approved in advance by the European Parliament on the basis of a reasoned, written request by the beneficiary.

If the European Parliament does not accept in writing the assignment or the terms of such acceptance are not complied with, the assignment shall have no legal effect.

Under no circumstances may an assignment release the beneficiary from its obligations towards the European Parliament.

Article II.16

Late-payment interest

If the European Parliament does not pay within the time limits for payment, the beneficiary shall be entitled to late-payment interest at the rate applied by the European Central Bank for its main refinancing operations in euros (‘the reference rate’), plus three and a half points. The reference rate is the rate in force on the first day of the month in which the time limit for payment expires, as published in the C series of the Official Journal of the European Union.

If the European Parliament suspends the payments as provided for in Article II.12, these actions may not be considered to be cases of late payment.

Late-payment interest covers the period running from the day following the due date for payment, up to and including the date of actual payment.

As an exception to the first subparagraph, if the calculated interest is lower than or equal to EUR 200, the European Parliament shall only be required to pay it to the beneficiary if the beneficiary requests it within two months of receiving late payment.

Article II.17

Applicable law

This Funding Decision is governed by the applicable Union law, and in particular by Regulation (EU, Euratom) No 1141/2014 and the applicable rules of the Financial Regulation which fully apply. They are complemented, where necessary, by the national law of the Member State in which the beneficiary has its seat.

Article II.18

Right to be heard

In the cases in which, under this Funding Decision, the beneficiary is entitled to submit its observations, the beneficiary shall be given a period of 10 working days, save where expressly provided otherwise, to submit its written observations. This period may, upon reasoned request by the beneficiary, be extended once by another 10 working days.

PART B: FINANCIAL PROVISIONS

Article II.19

Eligible costs

II.19.1   Conditions

In order to be considered to be eligible for Union funding, and in accordance with Article 126 of the Financial Regulation, costs must meet the following criteria:

| (a) | be directly related to the subject-matter of the Funding Decision and provided for in the estimated budget annexed to the Funding Decision; |
| --- | --- |

(a)

be directly related to the subject-matter of the Funding Decision and provided for in the estimated budget annexed to the Funding Decision;

| (b) | be necessary for the implementation of the Funding Decision; |
| --- | --- |

(b)

be necessary for the implementation of the Funding Decision;

| (c) | be reasonable and justified, and comply with the principle of sound financial management, in particular regarding economy and efficiency; |
| --- | --- |

(c)

be reasonable and justified, and comply with the principle of sound financial management, in particular regarding economy and efficiency;

| (d) | be generated during the period of eligibility as defined in Article I.2, with the exception of costs relating to annual reports and certificates on the financial statements and underlying accounts; |
| --- | --- |

(d)

be generated during the period of eligibility as defined in Article I.2, with the exception of costs relating to annual reports and certificates on the financial statements and underlying accounts;

| (e) | be actually incurred by the beneficiary; |
| --- | --- |

(e)

be actually incurred by the beneficiary;

| (f) | be identifiable and verifiable, and recorded in the beneficiary's accounts, in accordance with the accounting standards applicable to it; |
| --- | --- |

(f)

be identifiable and verifiable, and recorded in the beneficiary's accounts, in accordance with the accounting standards applicable to it;

| (g) | comply with the requirements of applicable tax and social security laws; |
| --- | --- |

(g)

comply with the requirements of applicable tax and social security laws;

| (h) | comply with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1. |
| --- | --- |

(h)

comply with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1.

The beneficiary's accounting and internal audit procedures must make it possible to carry out a direct reconciliation of the costs and revenue declared in the annual report with the financial statements and the corresponding supporting documents.

II.19.2   Examples for eligible costs

In particular, and provided that they meet the criteria laid down in paragraph 1 of this Article, the following operating costs shall, without prejudice to Article 126 of the Financial Regulation, be regarded as eligible:

| (a) | administrative costs and costs linked to technical assistance, meetings, research, cross-border events, studies, information and publications; |
| --- | --- |

(a)

administrative costs and costs linked to technical assistance, meetings, research, cross-border events, studies, information and publications;

| (b) | personnel costs, comprising actual salaries, social security contributions and other statutory costs included in remuneration, provided that they do not exceed the average rates under the beneficiary's usual policy on remuneration; |
| --- | --- |

(b)

personnel costs, comprising actual salaries, social security contributions and other statutory costs included in remuneration, provided that they do not exceed the average rates under the beneficiary's usual policy on remuneration;

| (c) | travel and subsistence expenses for staff, provided that they are consistent with the beneficiary's usual practices regarding travel costs; |
| --- | --- |

(c)

travel and subsistence expenses for staff, provided that they are consistent with the beneficiary's usual practices regarding travel costs;

| (d) | the depreciation costs of equipment or other assets (new or second-hand) as recorded in the beneficiary's accounting statements, provided that the asset






  (i) | is written off in accordance with the international accounting standards and the beneficiary's usual accounting practices; and |
| --- | --- | --- |

(d)

the depreciation costs of equipment or other assets (new or second-hand) as recorded in the beneficiary's accounting statements, provided that the asset

(i)

is written off in accordance with the international accounting standards and the beneficiary's usual accounting practices; and

| (ii) | has been purchased in accordance with the first paragraph of and, as a general rule, with the second paragraph of Article II.9.1, if the purchase occurred within the period of eligibility; |
| --- | --- |

(ii)

has been purchased in accordance with the first paragraph of and, as a general rule, with the second paragraph of Article II.9.1, if the purchase occurred within the period of eligibility;

| (e) | costs of consumables and supplies and other contracts, provided that they:






  (i) | are purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1; and |
| --- | --- | --- |

(e)

costs of consumables and supplies and other contracts, provided that they:

(i)

are purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1; and

| (ii) | are directly assigned to the subject matter of the Funding Decision; |
| --- | --- |

(ii)

are directly assigned to the subject matter of the Funding Decision;

| (f) | costs arising directly from requirements imposed by the Funding Decision, including, if appropriate, the costs of financial services (in particular the cost of financial guarantees), provided that the corresponding services are purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1. |
| --- | --- |

(f)

costs arising directly from requirements imposed by the Funding Decision, including, if appropriate, the costs of financial services (in particular the cost of financial guarantees), provided that the corresponding services are purchased in accordance with the first paragraph of Article II.9.1 and, as a general rule, with the second paragraph of Article II.9.1.

Article II.20

Ineligible costs

Without prejudice to Article II.19.1 of this Decision and to Article 126 of the Financial Regulation, the following costs shall not be considered to be eligible:

| (a) | return on capital and dividends paid by the beneficiary; |
| --- | --- |

(a)

return on capital and dividends paid by the beneficiary;

| (b) | debt and debt service charges; |
| --- | --- |

(b)

debt and debt service charges;

| (c) | provisions for losses or debts; |
| --- | --- |

(c)

provisions for losses or debts;

| (d) | interest owed; |
| --- | --- |

(d)

interest owed;

| (e) | doubtful debts; |
| --- | --- |

(e)

doubtful debts;

| (f) | exchange losses; |
| --- | --- |

(f)

exchange losses;

| (g) | costs of transfers from the European Parliament charged by the bank of the beneficiary; |
| --- | --- |

(g)

costs of transfers from the European Parliament charged by the bank of the beneficiary;

| (h) | costs declared by the beneficiary under another action receiving a grant financed from the Union budget; |
| --- | --- |

(h)

costs declared by the beneficiary under another action receiving a grant financed from the Union budget;

| (i) | contributions in kind; |
| --- | --- |

(i)

contributions in kind;

| (j) | excessive or reckless expenditure; |
| --- | --- |

(j)

excessive or reckless expenditure;

| (k) | deductible VAT; |
| --- | --- |

(k)

deductible VAT;

| (l) | prohibited funding of certain third parties pursuant to Article 22 of Regulation (EU, Euratom) No 1141/2014. |
| --- | --- |

(l)

prohibited funding of certain third parties pursuant to Article 22 of Regulation (EU, Euratom) No 1141/2014.

Article II.21

Contributions in kind

The European Parliament shall allow the beneficiary to receive contributions in kind during the implementation of the Funding Decision, provided that the value of such contributions does not exceed:

| (a) | the costs actually borne and duly supported by accounting documents of the third parties who made these contributions to the beneficiary free of charge but bear the corresponding costs; |
| --- | --- |

(a)

the costs actually borne and duly supported by accounting documents of the third parties who made these contributions to the beneficiary free of charge but bear the corresponding costs;

| (b) | in the absence of such documents, the costs that correspond to those generally accepted on the market in question; |
| --- | --- |

(b)

in the absence of such documents, the costs that correspond to those generally accepted on the market in question;

| (c) | their value as accepted in the estimated budget; |
| --- | --- |

(c)

their value as accepted in the estimated budget;

| (d) | 50 % of own resources accepted in the estimated budget. |
| --- | --- |

(d)

50 % of own resources accepted in the estimated budget.

Contributions in kind:

| (a) | shall be presented separately in the estimated budget, in order to reflect the total resources; |
| --- | --- |

(a)

shall be presented separately in the estimated budget, in order to reflect the total resources;

| (b) | shall comply with Article 20 of Regulation (EU, Euratom) No 1141/2014, as well as the national tax and social security rules; |
| --- | --- |

(b)

shall comply with Article 20 of Regulation (EU, Euratom) No 1141/2014, as well as the national tax and social security rules;

| (c) | shall only be accepted on a provisional basis, subject to a certification by the external auditor and to acceptance in the decision over the final funding amount; |
| --- | --- |

(c)

shall only be accepted on a provisional basis, subject to a certification by the external auditor and to acceptance in the decision over the final funding amount;

| (d) | shall not be in the form of immovable property. |
| --- | --- |

(d)

shall not be in the form of immovable property.

Article II.22

Budget transfers

The beneficiary shall be allowed to adjust the estimated budget set out in Annex 1, by transfers between the different budget categories. This adjustment shall not require an amendment of the Funding Decision. Such transfers shall be justified in the annual report.

Article II.23

Reporting obligations

II.23.1   Annual report

Preferably by 15 May, and at the latest by 30 June, following the end of financial year N, the beneficiary shall submit an annual report, including the following:

| (a) | annual financial statements and accompanying notes, covering beneficiary's revenue and costs, assets and liabilities at the beginning and at the end of the financial year, in accordance with the law applicable in the Member State of beneficiary's seat; |
| --- | --- |

(a)

annual financial statements and accompanying notes, covering beneficiary's revenue and costs, assets and liabilities at the beginning and at the end of the financial year, in accordance with the law applicable in the Member State of beneficiary's seat;

| (b) | annual financial statements on the basis of the international accounting standards defined in Article 2 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council (7); |
| --- | --- |

(b)

annual financial statements on the basis of the international accounting standards defined in Article 2 of Regulation (EC) No 1606/2002 of the European Parliament and of the Council (7);

| (c) | the list of donors and contributors and their corresponding donations or contributions reported in accordance with Article 20 of Regulation (EU, Euratom) No 1141/2014; |
| --- | --- |

(c)

the list of donors and contributors and their corresponding donations or contributions reported in accordance with Article 20 of Regulation (EU, Euratom) No 1141/2014;

| (d) | activity report; |
| --- | --- |

(d)

activity report;

| (e) | financial statement based on the structure of estimated budget; |
| --- | --- |

(e)

financial statement based on the structure of estimated budget;

| (f) | detail of accounts as regards revenue, costs, assets and liabilities; |
| --- | --- |

(f)

detail of accounts as regards revenue, costs, assets and liabilities;

| (g) | reconciliation of financial statement referred to in point (e) with detail of accounts referred to in point (f); |
| --- | --- |

(g)

reconciliation of financial statement referred to in point (e) with detail of accounts referred to in point (f);

| (h) | list of suppliers which in the given financial year charged the beneficiary over EUR 10 000, specifying the name, and address of the supplier as well as the scope of the goods or services provided. |
| --- | --- |

(h)

list of suppliers which in the given financial year charged the beneficiary over EUR 10 000, specifying the name, and address of the supplier as well as the scope of the goods or services provided.

In case of a carry-over specified in Article II.25.3, the annual report must include the documents referred to in points (d), (e), (f) and (g) covering the first quarter of the year following the financial year concerned.

The information included in the annual report must be sufficient to establish the final funding amount.

II.23.2   External audit report

The European Parliament shall receive directly from the independent external bodies or experts, mandated pursuant to Article 23(3) of Regulation (EU, Euratom) No 1141/2014, the external audit report specified in Article 23(1) of Regulation (EU, Euratom) No 1141/2014.

The purpose of the external audit shall be to certify the reliability of the financial statements and the legality and regularity of their expenditure, and in particular that:

| (a) | the financial statements were prepared in accordance with the national law applicable to the beneficiary, are free of material misstatement and show a true and fair view of the financial position and the operating results; |
| --- | --- |

(a)

the financial statements were prepared in accordance with the national law applicable to the beneficiary, are free of material misstatement and show a true and fair view of the financial position and the operating results;

| (b) | the financial statements were prepared in accordance with the international accounting standards defined in Article 2 of Regulation (EC) No 1606/2002; |
| --- | --- |

(b)

the financial statements were prepared in accordance with the international accounting standards defined in Article 2 of Regulation (EC) No 1606/2002;

| (c) | the costs declared were actually incurred; |
| --- | --- |

(c)

the costs declared were actually incurred;

| (d) | the statement of revenue is exhaustive; |
| --- | --- |

(d)

the statement of revenue is exhaustive;

| (e) | the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the Funding Decision; |
| --- | --- |

(e)

the financial documents submitted by the beneficiary to Parliament are consistent with the financial provisions of the Funding Decision;

| (f) | the obligations arising from Regulation (EU, Euratom) No 1141/2014, in particular from Article 20 thereof have been met; |
| --- | --- |

(f)

the obligations arising from Regulation (EU, Euratom) No 1141/2014, in particular from Article 20 thereof have been met;

| (g) | the obligations arising from the Funding Decision, in particular from Article II.9 and Article II.19 thereof, have been met; |
| --- | --- |

(g)

the obligations arising from the Funding Decision, in particular from Article II.9 and Article II.19 thereof, have been met;

| (h) | the contributions in kind have actually been provided to the beneficiary and have been valued in compliance with the applicable rules; |
| --- | --- |

(h)

the contributions in kind have actually been provided to the beneficiary and have been valued in compliance with the applicable rules;

| (i) | any surplus of Union funding was carried over to the next financial year and has been used in the first quarter of the financial year, pursuant to Article 125(6) of the Financial Regulation; |
| --- | --- |

(i)

any surplus of Union funding was carried over to the next financial year and has been used in the first quarter of the financial year, pursuant to Article 125(6) of the Financial Regulation;

| (j) | any surplus of own resources was transferred to the reserve. |
| --- | --- |

(j)

any surplus of own resources was transferred to the reserve.

Article II.24

Decision on annual report

By 30 September of the year following financial year N, the European Parliament shall approve or reject the annual report, as specified in Article II.23.1.

If the European Parliament does not respond in writing within a period of six months after the reception of the annual report, the annual report shall be deemed to have been approved.

The approval of the annual report is without prejudice to the establishment of the final funding amount under Article II.25 by means of which the European Parliament takes a final decision on the eligibility of the costs.

The European Parliament may request additional information from the beneficiary in order to be in a position to take a decision on the annual report. In the event of such request, the deadline for the decision on the annual report shall be extended until the requested information has been received and evaluated by the European Parliament.

If the annual report is flawed by substantial deficiencies, the European Parliament may reject it without requesting additional information from the beneficiary and may request that the beneficiary submit a new report within a period of 15 working days.

Requests for additional information or a new report shall be notified to the beneficiary in writing.

If the annual report that was initially submitted is rejected and a new report is requested, the approval procedure set out in this Article shall apply to the new report.

Article II.25

Decision on the final funding amount

II.25.1   Impact of the annual report

The decision of the European Parliament establishing the final funding amount shall be based on the annual report approved in accordance with Article II.24. In the event of a definitive rejection of the annual report by the European Parliament or failure of the beneficiary to submit any annual report within the applicable deadlines, no reimbursable costs may be established by the decision on the final funding amount.

II.25.2   Threshold

The final funding amount shall be limited to the amount laid down in Article I.4 and shall not exceed 85 % of the eligible costs that were actually incurred.

II.25.3   Carry-over of surplus

If, at the end of financial year N, the beneficiary realises a surplus of income over expenditure, part of that surplus may be carried over to financing year N+1, in accordance with Article 125(6) of the Financial Regulation.

(a)   Definition of surplus

The surplus of financial year N is the difference between the total eligible costs and the sum of:

| (i) | the provisional (maximum) funding amount, pursuant to Article I.4; |
| --- | --- |

(i)

the provisional (maximum) funding amount, pursuant to Article I.4;

| (ii) | the beneficiary's own resources earmarked to cover eligible costs, the beneficiary having previously covered ineligible costs using own resources only; and |
| --- | --- |

(ii)

the beneficiary's own resources earmarked to cover eligible costs, the beneficiary having previously covered ineligible costs using own resources only; and

| (iii) | any surplus carried over from financial year N-1. |
| --- | --- |

(iii)

any surplus carried over from financial year N-1.

The surplus that may be carried over to financial year N+1 shall not exceed 25 % of the total income referred to in points (i) and (ii) above.

(b)   Accounting of provision for eligible costs

The amount actually carried over shall be entered in the balance sheet for financial year N as a ‘provision to cover eligible costs of the first quarter of year N+1’. This provision shall constitute an eligible cost of financial year N.

Moreover, an interim settlement of accounts as of 31 March of year N+1 at the latest shall determine the eligible costs actually incurred as at that date. The provision shall not exceed those costs.

In year N+1, the provision shall be dissolved and shall generate revenue which is used to cover eligible costs in the first quarter of the financial year N+1.

II.25.4   Decision on final funding amount

The European Parliament controls annually whether expenditure complies with the provisions of Regulation (EU, Euratom) No 1141/2014, the Financial Regulation and the Funding Decision. Each year it shall take a decision on the final funding amount, which shall be duly notified to the beneficiary.

The final funding amount of financial year N shall be established in year N+1.

When the final funding amount is established, the clearing of pre-financing shall take place.

II.25.5   Balance of funding

If the pre-financing paid exceeds the final funding amount, the European Parliament shall recover the pre-financing unduly paid.

If the final funding amount exceeds the pre-financing paid, the European Parliament shall pay the balance.

II.25.6   Profit

(a)   Definition

Profit is defined in Article 125(5) of the Financial Regulation.

(b)   Reserve building

In accordance with Article 125(5) of the Financial Regulation, the beneficiary may build reserves from the surplus of own resources, which are defined in Article II.1.

The surplus to be transferred to the reserve account shall be, if applicable, the amount of own resources that exceed the sum of own resources necessary to cover 15 % of eligible costs actually incurred in financial year N and 15 % of the costs included in the provision to be carried over to financial year N+1. The beneficiary must have previously covered ineligible costs by using its own resources only.

The surplus allocated to the reserve shall not be taken into account for the calculation of the profit.

The reserve shall only be used to cover operational costs of the beneficiary.

(c)   Recovery

The funding may not result in a profit for the beneficiary. The European Parliament shall be entitled to recover the percentage of the profit corresponding to the Union contribution to the eligible costs, in accordance with Article 125(4) of the Financial Regulation.

Article II.26

Recovery

If amounts have been unduly paid to the beneficiary or if a recovery procedure is justified under the terms and conditions of the Funding Decision, Regulation (EU, Euratom) No 1141/2014 or the Financial Regulation, the beneficiary shall repay the amounts concerned to the European Parliament, in accordance with the terms and conditions and by the deadline laid down by the European Parliament.

II.26.1   Late-payment interest

If the beneficiary fails to make the repayment by the deadline laid down by the European Parliament, the European Parliament shall charge on the sums due late-payment interest at the rate laid down in Article II.16. The late-payment interest shall cover the period between the expiry of the deadline laid down for repayment and the date on which the European Parliament receives full repayment of the sums due, inclusive.

Any partial repayment shall first be entered against charges and late-payment interest and only then against the principal.

II.26.2   Offsetting

If no repayment has been made by the deadline laid down, the sums due to the European Parliament may be recovered by offsetting them against any sums owed to the beneficiary on any other account in accordance with Article 80 of the Financial Regulation and its Rules of Application. In exceptional circumstances, justified by the need to safeguard the financial interests of the Union, the European Parliament may recover by offsetting before the due date of the payment. The beneficiary's prior consent shall not be required.

II.26.3   Bank charges

Bank charges occasioned by the recovery of the sums owed to the European Parliament shall be borne solely by the beneficiary.

Article II.27

Financial guarantee

If the European Parliament requests a financial guarantee in accordance with Article 134 of the Financial Regulation, the following conditions must be fulfilled:

| (a) | the financial guarantee must be provided by a bank or an approved financial institution or, if requested by the beneficiary and accepted by the European Parliament, by a third party; |
| --- | --- |

(a)

the financial guarantee must be provided by a bank or an approved financial institution or, if requested by the beneficiary and accepted by the European Parliament, by a third party;

| (b) | the guarantor must stand as first-call guarantor and not require the European Parliament to first have recourse against the principal debtor (i.e. the beneficiary concerned); and |
| --- | --- |

(b)

the guarantor must stand as first-call guarantor and not require the European Parliament to first have recourse against the principal debtor (i.e. the beneficiary concerned); and

| (c) | the financial guarantee must explicitly remain in force until the pre-financing is cleared against interim payments or payment of the balance by the European Parliament; if payment of the balance takes the form of a recovery, the financial guarantee must remain in force until the debt is considered fully cleared; and the European Parliament must release the guarantee within the following month. |
| --- | --- |

(c)

the financial guarantee must explicitly remain in force until the pre-financing is cleared against interim payments or payment of the balance by the European Parliament; if payment of the balance takes the form of a recovery, the financial guarantee must remain in force until the debt is considered fully cleared; and the European Parliament must release the guarantee within the following month.

Article II.28

Control

II.28.1   General provisions

Within the scope of their competence and in accordance with Chapter V of Regulation (EU, Euratom) No 1141/2014, the European Parliament and the Authority for European Political Parties and European Political Foundations may at any moment exercise their respective powers of control in order to verify whether the beneficiary is in full compliance with the obligations laid down in the Funding Decision, in Regulation (EU, Euratom) No 1141/2014 and the Financial Regulation.

The beneficiary shall duly cooperate with the competent authorities and shall provide them with all necessary assistance for the conduct of their control.

The European Parliament and the Authority for European Political Parties and European Political Foundations may delegate the task of control to external bodies duly authorised to act on their behalf (‘the authorised bodies’).

II.28.2   Duty to keep documents

For a period of five years starting from the date of submission of the annual report, the beneficiary shall keep stored, on any appropriate medium, all original documents, and in particular accounting and tax records, including digitalised originals when they are authorised by their respective national law and under the conditions laid down therein,.

The five-year period laid down in the first subparagraph shall not apply in the case of ongoing audits, appeals, litigation or pursuit of claims concerning the funding. In such cases, the beneficiary shall keep the documents until such audits, appeals, litigation or claims have been closed.

II.28.3   Obligation to provide documents and/or information

The beneficiary shall provide any document and/or information, including information in electronic format, which is requested by the European Parliament, the Authority for European Political Parties and European Political Foundations or the authorised body (‘the competent authority’).

Any documents or information provided by the beneficiary shall be processed in accordance with Article II.6.

II.28.4   On-the-spot visits

The competent authority may conduct on-the-spot-visits in the premises of the beneficiary. To this end, it may request in writing that the beneficiary make appropriate arrangements for such visit within an appropriate deadline to be fixed by the competent authority.

During an on-the-spot visit, the beneficiary shall allow the competent authority to have access to the sites and premises where the operation is being or was carried out, as well as to all the necessary information, including information in electronic format.

The beneficiary shall ensure that the information is readily available at the moment of the on-the-spot visit and that the information requested is handed over in an appropriate form.

II.28.5   Contradictory audit procedure

On the basis of the findings made during the control procedure, the European Parliament shall draw up a provisional audit report which shall be sent to the beneficiary. The beneficiary may submit observations within 30 calendar days from the date of receipt of the provisional audit report.

On the basis of the findings in the provisional audit report and possible observations of the beneficiary, the European Parliament shall lay down its final audit findings in a final audit report. The final audit report shall be sent to the beneficiary within 60 calendar days after expiry of the time limit fixed for the submission of observations to the provisional audit report.

II.28.6   Effects of audit findings

Without prejudice to the Parliament's right to take the measures under Article II.12 to Article II.14, the final audit findings shall be duly taken into consideration by the European Parliament in the context of the establishment of the final funding amount.

Cases of possible fraud or severe violation of the applicable rules revealed by the final audit findings shall be notified to the competent national or Union authorities for further action.

The European Parliament may retroactively adjust the decision on the final funding amount on the basis of the final audit findings.

II.28.7   Rights of control of OLAF

The European Anti-Fraud Office (OLAF) shall exercise its rights of control vis-à-vis the beneficiary in accordance with the applicable rules, and in particular with Council Regulation (Euratom, EC) No 2185/96 (8), Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (9) and Articles 24(4) and 25(7) of Regulation (EU, Euratom) No 1141/2014.

The beneficiary shall duly cooperate with OLAF and shall provide OLAF with all necessary assistance in it conduct of the control.

The European Parliament may at any time retroactively adjust the decision on the final funding amount on the basis of findings received from the European Anti-Fraud Office (OLAF) in accordance with Article 25(7) of Regulation (EU, Euratom) No 1141/2014. Before the European Parliament decides to retroactively adjust the decision on the final funding amount, the beneficiary shall be duly informed about the relevant findings and of Parliament's intention to adjust the decision on the final funding amount, and shall have the opportunity to submit its observations.

II.28.8   Rights of control of the European Court of Auditors

The European Court of Auditors shall exercise its right of control in accordance with the applicable rules, and notably with Article 137(2) of the Financial Regulation and Article 25(6) of Regulation (EU, Euratom) No 1141/2014. Articles II.28.3 and II.28.4 apply.

The beneficiary shall duly cooperate with the Court of Auditors and shall provide that Court with all necessary assistance in its conduct of the control.

II.28.9   Failure to comply with the obligations under Article II.28.1 to 4

If the beneficiary does not comply with the obligations laid down in Article II.28.1 to 4, the European Parliament may consider to be non-reimbursable any cost that has been insufficiently substantiated by the beneficiary.

For the European Parliament

[surname, forename]

[signature]

Done in [town: Strasbourg, Luxembourg, Brussels]

Annex 1

Estimated Budget

| Costs |
| --- |
| Eligible costs | Budget | Actual |
| A.1: Personnel costs







  1. | Salaries |

Costs

Eligible costs

Budget

Actual

A.1: Personnel costs

1.

Salaries

| 2. | Contributions |
| --- | --- |

2.

Contributions

| 3. | Professional training |
| --- | --- |

3.

Professional training

| 4. | Staff missions expenses |
| --- | --- |

4.

Staff missions expenses

| 5. | Other personnel costs |
| --- | --- |

5.

Other personnel costs

A.2: Infrastructure and operating costs

| 1. | Rent, charges and maintenance costs |
| --- | --- |

1.

Rent, charges and maintenance costs

| 2. | Costs relating to installation, operation and maintenance of equipment |
| --- | --- |

2.

Costs relating to installation, operation and maintenance of equipment

| 3. | Depreciation of movable and immovable property |
| --- | --- |

3.

Depreciation of movable and immovable property

| 4. | Stationery and office supplies |
| --- | --- |

4.

Stationery and office supplies

| 5. | Postal and telecommunications charges |
| --- | --- |

5.

Postal and telecommunications charges

| 6. | Printing, translation and reproduction costs |
| --- | --- |

6.

Printing, translation and reproduction costs

| 7. | Other infrastructure costs |
| --- | --- |

7.

Other infrastructure costs

A.3: Administrative costs

| 1. | Documentation costs (newspapers, press agencies, databases) |
| --- | --- |

1.

Documentation costs (newspapers, press agencies, databases)

| 2. | Costs of studies and research |
| --- | --- |

2.

Costs of studies and research

| 3. | Legal costs |
| --- | --- |

3.

Legal costs

| 4. | Accounting and audit costs |
| --- | --- |

4.

Accounting and audit costs

| 5. | Support to third parties |
| --- | --- |

5.

Support to third parties

| 6. | Miscellaneous administrative costs |
| --- | --- |

6.

Miscellaneous administrative costs

A.4: Meetings and representation costs

| 1. | Costs of meetings |
| --- | --- |

1.

Costs of meetings

| 2. | Participation in seminars and conferences |
| --- | --- |

2.

Participation in seminars and conferences

| 3. | Representation costs |
| --- | --- |

3.

Representation costs

| 4. | Costs of invitations |
| --- | --- |

4.

Costs of invitations

| 5. | Other meeting-related costs |
| --- | --- |

5.

Other meeting-related costs

A.5: Information and publication costs

| 1. | Publication costs |
| --- | --- |

1.

Publication costs

| 2. | Creation and operation of Internet sites |
| --- | --- |

2.

Creation and operation of Internet sites

| 3. | Publicity costs |
| --- | --- |

3.

Publicity costs

| 4. | Communications equipment (gadgets) |
| --- | --- |

4.

Communications equipment (gadgets)

| 5. | Seminar and exhibitions |
| --- | --- |

5.

Seminar and exhibitions

| 6. | Other information-related costs |
| --- | --- |

6.

Other information-related costs

A.6: Allocation to ‘Provision to cover eligible costs of the first quarter of year N+1’

A. TOTAL ELIGIBLE COSTS

Ineligible costs

| 1. | Provisions |
| --- | --- |

1.

Provisions

| 2. | Exchange losses |
| --- | --- |

2.

Exchange losses

| 3. | Doubtful claims on third parties |
| --- | --- |

3.

Doubtful claims on third parties

| 4. | Contributions in kind |
| --- | --- |

4.

Contributions in kind

| 5. | Others (to be specified) |
| --- | --- |

5.

Others (to be specified)

B. TOTAL INELIGIBLE COSTS

C. TOTAL COSTS

| Revenue |
| --- |
| | Budget | Actual |
| D.1 Dissolution of ‘Provision to cover eligible costs of the first quarter of year N’ | n/a | |
| D.2 European Parliament funding | | |
| D.3 membership fees | | |
| 3.1 | from member foundations |

Revenue

Budget

Actual

D.1 Dissolution of ‘Provision to cover eligible costs of the first quarter of year N’

n/a

D.2 European Parliament funding

D.3 membership fees

3.1

from member foundations

| 3.2 | from individual members |
| --- | --- |

3.2

from individual members

D.4 Donations

D.5 Other own resources

(to be listed)

D.6. Interest from pre-financing

D.7. Contributions in kind

D. TOTAL REVENUE

E. profit/loss (F-C)

| F. Allocation of own resources to the reserve account | | |
| --- | --- | --- |
| G. Profit/loss for verifying compliance with the no-profit rule (E-F) | | |

F. Allocation of own resources to the reserve account

G. Profit/loss for verifying compliance with the no-profit rule (E-F)

Note: indicative structure only. The binding structure of the estimated budget shall be published annually with the call for proposals.

Annex 2

Work Programme

[to be inserted per funding application]

---

(1)  OJ L 317, 4.11.2014, p. 1.

1

(2)  OJ L 298, 26.10.2012, p. 1.

2

(3)  OJ L 362 of 31.12.2012, p. 1.

3

(4)  OJ L 333 of 19.12.2015, p. 50.

4

(5)  OJ C 205, 29.6.2017, p. 2.

5

(6)  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).

6

(7)  Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1).

7

(8)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

8

(9)  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 of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

9

---

Council

| 29.6.2017 | EN | Official Journal of the European Union | C 205/46 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/46

---

Council conclusions to contribute towards halting the rise in Childhood Overweight and Obesity (1)

(2017/C 205/03)

THE COUNCIL OF THE EUROPEAN UNION,

RECALLS:

| 1. | Article 168 of the Treaty on the Functioning of the European Union (TFEU) (2), which states that ‘a high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities’ and that ‘the Union shall encourage cooperation between the Member States in the field of public health and, if necessary, lend support to their action’; |
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1.

Article 168 of the Treaty on the Functioning of the European Union (TFEU) (2), which states that ‘a high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities’ and that ‘the Union shall encourage cooperation between the Member States in the field of public health and, if necessary, lend support to their action’;

| 2. | That since 2000, the Council of the European Union has underlined the importance of promoting healthy lifestyles, namely through nutrition and physical activity, in particular, in the (3):






  — | Council Resolution adopted on 14 December 2000 on health and nutrition (4); |
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2.

That since 2000, the Council of the European Union has underlined the importance of promoting healthy lifestyles, namely through nutrition and physical activity, in particular, in the (3):

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Council Resolution adopted on 14 December 2000 on health and nutrition (4);

| — | Council Conclusions adopted on 3 June 2005 on obesity, nutrition and physical activity (5); |
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Council Conclusions adopted on 3 June 2005 on obesity, nutrition and physical activity (5);

| — | Council Conclusions adopted on 30 November 2006 on Health in All Policies (6); |
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Council Conclusions adopted on 30 November 2006 on Health in All Policies (6);

| — | Council Conclusions adopted on 6 December 2007 on putting an EU strategy on Nutrition Overweight and Obesity related Health Issues into operation (7); |
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Council Conclusions adopted on 6 December 2007 on putting an EU strategy on Nutrition Overweight and Obesity related Health Issues into operation (7);

| — | Council Conclusions adopted on 8 June 2010 on equity and health in all policies: solidarity in health (8); |
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Council Conclusions adopted on 8 June 2010 on equity and health in all policies: solidarity in health (8);

| — | Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 27 November 2012 on promoting health-enhancing physical activity (HEPA) (9); |
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Conclusions of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 27 November 2012 on promoting health-enhancing physical activity (HEPA) (9);

| — | Council Conclusions adopted on 20 June 2014 on nutrition and physical activity (10); and |
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Council Conclusions adopted on 20 June 2014 on nutrition and physical activity (10); and

| — | Council Conclusions adopted on 17 June 2016 on food product improvement (11); |
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Council Conclusions adopted on 17 June 2016 on food product improvement (11);

| 3. | The EU Action Plan on Childhood Obesity 2014-2020 (12), which recognises the beneficial impact of health promotion and disease prevention on both citizens and health systems and the importance of a healthy diet (13) and physical activity promotion in reducing the risk of chronic conditions and non-communicable diseases and invites the Member States to continue to make healthy diet and physical activity promotion a top priority, thus contributing to better health and quality of life of EU citizens and the sustainability of the health systems, and the European Food and Nutrition Action Plan 2015-2020 (14); |
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3.

The EU Action Plan on Childhood Obesity 2014-2020 (12), which recognises the beneficial impact of health promotion and disease prevention on both citizens and health systems and the importance of a healthy diet (13) and physical activity promotion in reducing the risk of chronic conditions and non-communicable diseases and invites the Member States to continue to make healthy diet and physical activity promotion a top priority, thus contributing to better health and quality of life of EU citizens and the sustainability of the health systems, and the European Food and Nutrition Action Plan 2015-2020 (14);

| 4. | The World Health Organisation (WHO) Global Action Plan for the Prevention and Control of Non-communicable diseases 2013–2020 of 27 May 2013 (15) and its nine voluntary global targets; the Physical Activity Strategy for the WHO European Region 2016-2025 (16); the WHO Report of the Commission on Ending Childhood Obesity (2016) (17) that developed a comprehensive, integrated package of recommendations to address childhood obesity; |
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4.

The World Health Organisation (WHO) Global Action Plan for the Prevention and Control of Non-communicable diseases 2013–2020 of 27 May 2013 (15) and its nine voluntary global targets; the Physical Activity Strategy for the WHO European Region 2016-2025 (16); the WHO Report of the Commission on Ending Childhood Obesity (2016) (17) that developed a comprehensive, integrated package of recommendations to address childhood obesity;

| 5. | The UN Resolution of 25 September 2015‘Transforming our world: the 2030 Agenda for Sustainable Development’, recognising that fighting inequalities requires multi-stakeholder and multi-sectoral approach, while ensuring that no one is left behind (18); |
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5.

The UN Resolution of 25 September 2015‘Transforming our world: the 2030 Agenda for Sustainable Development’, recognising that fighting inequalities requires multi-stakeholder and multi-sectoral approach, while ensuring that no one is left behind (18);

| 6. | The Vienna Declaration of 5 July 2013 on Nutrition and Non-Communicable Diseases in the Context of ‘Health 2020’ (19) where it was agreed to act on obesity and to prioritise work on healthy diets for children, notably through the creation of healthier food and drink environments; |
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6.

The Vienna Declaration of 5 July 2013 on Nutrition and Non-Communicable Diseases in the Context of ‘Health 2020’ (19) where it was agreed to act on obesity and to prioritise work on healthy diets for children, notably through the creation of healthier food and drink environments;

| 7. | The Public Procurement of Food for Health — Technical Report on the School Setting 2017, drafted by the Maltese Presidency together with the European Commission, WHO, JRC and the members of High Level Group on Nutrition and Physical Activity (20); |
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7.

The Public Procurement of Food for Health — Technical Report on the School Setting 2017, drafted by the Maltese Presidency together with the European Commission, WHO, JRC and the members of High Level Group on Nutrition and Physical Activity (20);

| 8. | The draft midterm evaluation report on the EU action plan on childhood obesity presented by the European Commission on 22 February 2017 (21); |
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8.

The draft midterm evaluation report on the EU action plan on childhood obesity presented by the European Commission on 22 February 2017 (21);

RECOGNISES THAT:

| 1. | Health is a value, an opportunity and an investment for the economic and social development of each country; |
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1.

Health is a value, an opportunity and an investment for the economic and social development of each country;

| 2. | The high prevalence of childhood overweight and obesity in many Member States is a major health challenge, which contributes to widening health inequalities, with children as the most vulnerable group most severely affected; and that childhood obesity is a strong predictor of adult obesity with well-known health and economic consequences, as over 60 % of overweight children are likely to become overweight adults (22); |
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2.

The high prevalence of childhood overweight and obesity in many Member States is a major health challenge, which contributes to widening health inequalities, with children as the most vulnerable group most severely affected; and that childhood obesity is a strong predictor of adult obesity with well-known health and economic consequences, as over 60 % of overweight children are likely to become overweight adults (22);

| 3. | Overweight and obesity in childhood are associated with serious health consequences both in the short and longer term, including increased risk of Type 2 diabetes, asthma, hypertension and cardiovascular disease amongst others; and that once these diseases are acquired, obesity significantly reduces the efficacy of the treatment of such diseases; |
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3.

Overweight and obesity in childhood are associated with serious health consequences both in the short and longer term, including increased risk of Type 2 diabetes, asthma, hypertension and cardiovascular disease amongst others; and that once these diseases are acquired, obesity significantly reduces the efficacy of the treatment of such diseases;

| 4. | Obesity affects quality of life and is associated with, inter-alia, low self-esteem; |
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4.

Obesity affects quality of life and is associated with, inter-alia, low self-esteem;

| 5. | The causes of childhood overweight and obesity are complex and multi-factorial, mostly arising from the exposure to an obesogenic (23) environment; |
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5.

The causes of childhood overweight and obesity are complex and multi-factorial, mostly arising from the exposure to an obesogenic (23) environment;

| 6. | Inadequate physical activity and unbalanced nutrition result in overweight, obesity and various chronic diseases. Therefore, both areas should be adequately addressed; |
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6.

Inadequate physical activity and unbalanced nutrition result in overweight, obesity and various chronic diseases. Therefore, both areas should be adequately addressed;

| 7. | New experimental evidence suggests the existence of epigenetic alterations that in some cases may be a contributing factor for becoming overweight or obese; some studies suggest risk factors such as higher maternal pre-pregnancy body mass index, prenatal tobacco exposure, maternal excess gestational weight gain, and accelerated infant weight gain during the first 1 000 days are associated with later childhood obesity (24); |
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7.

New experimental evidence suggests the existence of epigenetic alterations that in some cases may be a contributing factor for becoming overweight or obese; some studies suggest risk factors such as higher maternal pre-pregnancy body mass index, prenatal tobacco exposure, maternal excess gestational weight gain, and accelerated infant weight gain during the first 1 000 days are associated with later childhood obesity (24);

| 8. | Obesity in European children is strongly related to the socioeconomic status of their parents: parents in lower socioeconomic groups are more likely to be overweight. Children of obese parents, or of parents with lower socioeconomic status, are more likely to have poor eating habits and become overweight. Also, in some Member States, children in lower socioeconomic groups, in particular in the case of premature birth, are less likely to be breastfed (25); |
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8.

Obesity in European children is strongly related to the socioeconomic status of their parents: parents in lower socioeconomic groups are more likely to be overweight. Children of obese parents, or of parents with lower socioeconomic status, are more likely to have poor eating habits and become overweight. Also, in some Member States, children in lower socioeconomic groups, in particular in the case of premature birth, are less likely to be breastfed (25);

| 9. | Existing policies to promote health, prevent overweight and obesity with the aim of halting the rise in childhood obesity have not been sufficiently effective. No single action is enough to address childhood obesity. In addition, sectoral policies may also have important undesirable impacts on healthy diets and physical activity. Therefore, childhood obesity should feature high on the agenda of individual Member States and of the European Union and needs to be tackled as a matter of priority and through various coordinated actions by different sectors; |
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9.

Existing policies to promote health, prevent overweight and obesity with the aim of halting the rise in childhood obesity have not been sufficiently effective. No single action is enough to address childhood obesity. In addition, sectoral policies may also have important undesirable impacts on healthy diets and physical activity. Therefore, childhood obesity should feature high on the agenda of individual Member States and of the European Union and needs to be tackled as a matter of priority and through various coordinated actions by different sectors;

| 10. | Further research is needed to better understand the drivers of childhood overweight and obesity, including into epigenetics, and to explore evidence-based approaches to a healthy diet and enhanced physical activity across the life course. In addition, further public health research is needed to highlight the economic consequences and drivers across all socioeconomic groups as well as to ensure effective public health policies, interventions and prevention programmes; |
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10.

Further research is needed to better understand the drivers of childhood overweight and obesity, including into epigenetics, and to explore evidence-based approaches to a healthy diet and enhanced physical activity across the life course. In addition, further public health research is needed to highlight the economic consequences and drivers across all socioeconomic groups as well as to ensure effective public health policies, interventions and prevention programmes;

| 11. | In line with evidence that a well-nourished child is healthier, access to a healthy diet and physical activity from a young age allows children to grow and develop into healthy adults. Healthy children are better equipped to learn and develop at school with consequent improved capacity for personal development and enhanced productivity later in life; |
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11.

In line with evidence that a well-nourished child is healthier, access to a healthy diet and physical activity from a young age allows children to grow and develop into healthy adults. Healthy children are better equipped to learn and develop at school with consequent improved capacity for personal development and enhanced productivity later in life;

| 12. | According to the WHO, children and youth aged 5-17 years should accumulate at least 60 minutes of moderate to vigorous-intensity physical activity daily. Vigorous-intensity activities and activities that strengthen muscle and bone should also be incorporated at least 3 times per week (26). Available national recommendations should be taken into account; |
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12.

According to the WHO, children and youth aged 5-17 years should accumulate at least 60 minutes of moderate to vigorous-intensity physical activity daily. Vigorous-intensity activities and activities that strengthen muscle and bone should also be incorporated at least 3 times per week (26). Available national recommendations should be taken into account;

| 13. | A cooperative cross-sectoral approach should be taken across government and whole of society to ensure healthy environments, including health, education, food production, agriculture and fisheries, commerce and industry, finance, sport, culture, communication, environmental and urban planning, transport, social affairs and research; |
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13.

A cooperative cross-sectoral approach should be taken across government and whole of society to ensure healthy environments, including health, education, food production, agriculture and fisheries, commerce and industry, finance, sport, culture, communication, environmental and urban planning, transport, social affairs and research;

| 14. | Given that in most European countries children spend close to a third of their daily life within the educational environment, it is important that healthy diets and physical activity are promoted in educational settings and childcare centres, in cooperation with parents. An enabling environment to support healthy lifestyles should be striven for in educational settings; |
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14.

Given that in most European countries children spend close to a third of their daily life within the educational environment, it is important that healthy diets and physical activity are promoted in educational settings and childcare centres, in cooperation with parents. An enabling environment to support healthy lifestyles should be striven for in educational settings;

| 15. | School meals offer a good opportunity to support healthy eating habits and promote health; towards this end, ‘food for health’ should be promoted in educational settings; |
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15.

School meals offer a good opportunity to support healthy eating habits and promote health; towards this end, ‘food for health’ should be promoted in educational settings;

| 16. | Governments and public institutions have the possibility to enhance demand for healthy meals and therefore improved diets through public procurement and have the potential to influence the market and promote innovation towards the provision of more nutritionally balanced foods in a fair and transparent way; |
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16.

Governments and public institutions have the possibility to enhance demand for healthy meals and therefore improved diets through public procurement and have the potential to influence the market and promote innovation towards the provision of more nutritionally balanced foods in a fair and transparent way;

| 17. | There is ample evidence to justify more effective actions on marketing of foods which are high in energy, saturated fats, trans-fatty acids, sugar and salt. Experience and evidence point to the fact that voluntary action may require regulatory measures in order to be more effective; |
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17.

There is ample evidence to justify more effective actions on marketing of foods which are high in energy, saturated fats, trans-fatty acids, sugar and salt. Experience and evidence point to the fact that voluntary action may require regulatory measures in order to be more effective;

| 18. | There are benefits in exclusive breastfeeding for the first six months of life to achieve optimal growth, development and health. Thereafter, to meet their evolving nutritional requirements, infants should receive nutritionally adequate and safe complementary foods while breastfeeding continues for up to two years of age or beyond. Breastfeeding and use of safe complementary foods should take place in accordance with WHO recommendations (27) or national recommendations when available; |
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18.

There are benefits in exclusive breastfeeding for the first six months of life to achieve optimal growth, development and health. Thereafter, to meet their evolving nutritional requirements, infants should receive nutritionally adequate and safe complementary foods while breastfeeding continues for up to two years of age or beyond. Breastfeeding and use of safe complementary foods should take place in accordance with WHO recommendations (27) or national recommendations when available;

INVITES MEMBER STATES TO:

| 1. | Integrate in their national action plans, strategies or activities on nutrition and physical activity, cross-sectoral measures aimed at tackling childhood obesity, focusing not only on health promotion and disease prevention but also on those children and adolescents who are already overweight or obese; the following in particular should be included:






  — | cross-sectoral policies and actions throughout the life course to reduce socioeconomic inequalities and particularly to address vulnerable children and adolescents in socially disadvantaged communities, for example by offering improved access to healthy diets and physical activity; |
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1.

Integrate in their national action plans, strategies or activities on nutrition and physical activity, cross-sectoral measures aimed at tackling childhood obesity, focusing not only on health promotion and disease prevention but also on those children and adolescents who are already overweight or obese; the following in particular should be included:

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cross-sectoral policies and actions throughout the life course to reduce socioeconomic inequalities and particularly to address vulnerable children and adolescents in socially disadvantaged communities, for example by offering improved access to healthy diets and physical activity;

| — | transparent and effective governance to tackle the drivers for overweight and obesity; |
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transparent and effective governance to tackle the drivers for overweight and obesity;

| — | policies to maximise protective factors in healthy diets and health-enhancing physical activity and to minimise the various risk factors which contribute towards overweight and obesity; |
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policies to maximise protective factors in healthy diets and health-enhancing physical activity and to minimise the various risk factors which contribute towards overweight and obesity;

| — | measures which create enabling environments in educational settings for children and childcare centres to encourage healthy diets and adequate health-enhancing physical activity based on national or international recommendations; |
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measures which create enabling environments in educational settings for children and childcare centres to encourage healthy diets and adequate health-enhancing physical activity based on national or international recommendations;

| — | measures to encourage the learning of skills by children, parents and educators on nutrition, physical activity and sedentary activity through the family-based approach; |
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measures to encourage the learning of skills by children, parents and educators on nutrition, physical activity and sedentary activity through the family-based approach;

| — | measures to promote physical activity in recreational facilities to encourage a reduction in sedentary behaviour and the development and provision of accessible services for leisure-time physical activity and an enabling environment for everyday physical activity and active transportation (28); |
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measures to promote physical activity in recreational facilities to encourage a reduction in sedentary behaviour and the development and provision of accessible services for leisure-time physical activity and an enabling environment for everyday physical activity and active transportation (28);

| — | measures to ensure that educational facilities for children are protected environments, free from all forms of marketing that run counter to encouraging the adoption of healthier lifestyles; |
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measures to ensure that educational facilities for children are protected environments, free from all forms of marketing that run counter to encouraging the adoption of healthier lifestyles;

| — | measures which encourage healthy diets and consumption practices in a sustainable way and that contribute to the reduction of health and social inequalities; |
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measures which encourage healthy diets and consumption practices in a sustainable way and that contribute to the reduction of health and social inequalities;

| — | measures to promote and monitor the improvement of food products predominantly consumed by children as an important tool to make the healthy choice easy for all settings and all population groups, in line with the Council Conclusions on food product improvement; |
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measures to promote and monitor the improvement of food products predominantly consumed by children as an important tool to make the healthy choice easy for all settings and all population groups, in line with the Council Conclusions on food product improvement;

| — | measures to empower and enable families to adopt healthier lifestyles including healthy eating options and the encouragement of physical activity, giving due consideration to time constraints and socioeconomic factors; |
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measures to empower and enable families to adopt healthier lifestyles including healthy eating options and the encouragement of physical activity, giving due consideration to time constraints and socioeconomic factors;

| — | measures to encourage early interventions in various settings through exclusive breastfeeding for the first six months, introduction of nutritionally-adequate complementary foods at the age of six months while breastfeeding continues for up to two years of age or beyond or taking into account available national recommendations; |
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measures to encourage early interventions in various settings through exclusive breastfeeding for the first six months, introduction of nutritionally-adequate complementary foods at the age of six months while breastfeeding continues for up to two years of age or beyond or taking into account available national recommendations;

| — | measures to encourage research into the determinants of childhood obesity and improved solutions to address the problem; |
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measures to encourage research into the determinants of childhood obesity and improved solutions to address the problem;

| — | measures to improve access to adequate professional advice, counselling and monitoring with regard to healthy diets and health-enhancing physical activity throughout the life course, including pre-conception and pregnancy; |
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measures to improve access to adequate professional advice, counselling and monitoring with regard to healthy diets and health-enhancing physical activity throughout the life course, including pre-conception and pregnancy;

| — | measures to provide continuous training to health professionals in contact with pregnant women, infants, children, adolescents, parents and families based on the latest available scientific advice on nutrition, health-enhancing physical activity and prevention and management of overweight and obesity; |
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measures to provide continuous training to health professionals in contact with pregnant women, infants, children, adolescents, parents and families based on the latest available scientific advice on nutrition, health-enhancing physical activity and prevention and management of overweight and obesity;

| — | provision of screening to identify children that are at risk of becoming overweight or obese, and treatment and care for children who are overweight and obese, in particular for those who are severely obese; |
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provision of screening to identify children that are at risk of becoming overweight or obese, and treatment and care for children who are overweight and obese, in particular for those who are severely obese;

| — | measures to maximise the key role of primary health care in prevention, early detection and management of overweight and obesity; |
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measures to maximise the key role of primary health care in prevention, early detection and management of overweight and obesity;

| — | measures to reduce the exposure of children and adolescents to marketing, advertising in any media (including on-line platforms and social media) and sponsorship, of foods high in energy, saturated fats, trans-fatty acids, sugar and salt and to monitor and report the impact of these measures; |
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measures to reduce the exposure of children and adolescents to marketing, advertising in any media (including on-line platforms and social media) and sponsorship, of foods high in energy, saturated fats, trans-fatty acids, sugar and salt and to monitor and report the impact of these measures;

| 2. | Develop specific dietary guidelines for children and adolescents which address both those with healthy weight and those who are overweight or obese. Such guidelines need to provide guidance to parents, carers and food providers in educational facilities on, inter alia, appropriate portion sizes and information that identifies nutritious, affordable and convenient food options; |
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2.

Develop specific dietary guidelines for children and adolescents which address both those with healthy weight and those who are overweight or obese. Such guidelines need to provide guidance to parents, carers and food providers in educational facilities on, inter alia, appropriate portion sizes and information that identifies nutritious, affordable and convenient food options;

| 3. | Develop national specific guidelines to encourage daily physical activity; |
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3.

Develop national specific guidelines to encourage daily physical activity;

| 4. | Ensure that communications and counselling activities promoted by national public authorities dealing in the field of nutrition, physical activity and health are prepared and delivered in conditions free from undue commercial influence; |
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4.

Ensure that communications and counselling activities promoted by national public authorities dealing in the field of nutrition, physical activity and health are prepared and delivered in conditions free from undue commercial influence;

| 5. | Increase concerted efforts to reduce the overall amount and persuasive power of food marketing communications targeted at children and adolescents which run counter to encouraging healthy lifestyles; |
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5.

Increase concerted efforts to reduce the overall amount and persuasive power of food marketing communications targeted at children and adolescents which run counter to encouraging healthy lifestyles;

| 6. | Engage with food producers, retailers and the catering sector to encourage food improvement, in line with health sector guidelines, and the promotion of healthy options in order to make the healthy option the easy option; |
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6.

Engage with food producers, retailers and the catering sector to encourage food improvement, in line with health sector guidelines, and the promotion of healthy options in order to make the healthy option the easy option;

| 7. | Where appropriate, in cooperation with stakeholders, including with consumer and child-focused non-governmental organisations, introduce measures or encourage the development of codes of conduct. This to ensure that commercial communications targeted at children and adolescents do not promote foods that are high in energy, salt, sugars or saturated and trans-fatty acids or which otherwise do not comply with national or international nutritional guidelines and that industry’s food product improvement, marketing and advertising efforts are increasingly consistent; |
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7.

Where appropriate, in cooperation with stakeholders, including with consumer and child-focused non-governmental organisations, introduce measures or encourage the development of codes of conduct. This to ensure that commercial communications targeted at children and adolescents do not promote foods that are high in energy, salt, sugars or saturated and trans-fatty acids or which otherwise do not comply with national or international nutritional guidelines and that industry’s food product improvement, marketing and advertising efforts are increasingly consistent;

| 8. | Consider legislative measures, where appropriate, to promote physical activity, a healthy diet and to ensure an enabling environment; |
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8.

Consider legislative measures, where appropriate, to promote physical activity, a healthy diet and to ensure an enabling environment;

| 9. | Implement a health-in-all-policies approach conducive to the creation of supportive environments and infrastructure for an increase in routine and leisure-time physical activity and an easy choice of healthier food options; |
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9.

Implement a health-in-all-policies approach conducive to the creation of supportive environments and infrastructure for an increase in routine and leisure-time physical activity and an easy choice of healthier food options;

| 10. | Implement ongoing programmes monitoring health status along the life course, with special attention given to nutrition and physical activity in pregnant women, children and adolescents in order to develop and direct targeted action. These programmes must be able to monitor for various indicators such as social inequalities; |
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10.

Implement ongoing programmes monitoring health status along the life course, with special attention given to nutrition and physical activity in pregnant women, children and adolescents in order to develop and direct targeted action. These programmes must be able to monitor for various indicators such as social inequalities;

| 11. | Consider an analysis of the economic consequences of adult and childhood overweight and obesity, particularly the health and social costs, the burden on the public budget and on family budgets across the socioeconomic gradient; |
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11.

Consider an analysis of the economic consequences of adult and childhood overweight and obesity, particularly the health and social costs, the burden on the public budget and on family budgets across the socioeconomic gradient;

CALLS UPON THE MEMBER STATES AND THE COMMISSION TO:

| 1. | Make the tackling of childhood overweight and obesity a priority of the European Union, reflected across sectoral policies and the Commission Working Agenda, while fully respecting Member States competences; |
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1.

Make the tackling of childhood overweight and obesity a priority of the European Union, reflected across sectoral policies and the Commission Working Agenda, while fully respecting Member States competences;

| 2. | Where relevant, work together with all stakeholders, including with consumer and child-focused non-governmental organisations, under the leadership of public health authorities, to prepare, strengthen and review initiatives on a local, national and European level. This should be done with a view to reducing the marketing to children and adolescents of foods high in energy, salt, sugars or saturated and trans-fatty acids or which otherwise do not comply with national or international nutritional guidelines, as well as in order to combat sedentary lifestyles, using evidence-based tools, given the evidence that there is a strong link between marketing and screen exposure on the one hand and adiposity in children and adolescents on the other; |
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2.

Where relevant, work together with all stakeholders, including with consumer and child-focused non-governmental organisations, under the leadership of public health authorities, to prepare, strengthen and review initiatives on a local, national and European level. This should be done with a view to reducing the marketing to children and adolescents of foods high in energy, salt, sugars or saturated and trans-fatty acids or which otherwise do not comply with national or international nutritional guidelines, as well as in order to combat sedentary lifestyles, using evidence-based tools, given the evidence that there is a strong link between marketing and screen exposure on the one hand and adiposity in children and adolescents on the other;

| 3. | Take, in particular, notice of the urgent need to respond to the new challenge of marketing and advertising via on-line platforms and social media where communication messages are often more targeted at individual children and more difficult to monitor; |
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3.

Take, in particular, notice of the urgent need to respond to the new challenge of marketing and advertising via on-line platforms and social media where communication messages are often more targeted at individual children and more difficult to monitor;

| 4. | Encourage voluntary labelling of foods, in accordance with the principles laid down in Regulation (EU) No 1169/2011 in particular of article 35(1) thereof to support all consumers, in particular those from lower socioeconomic groups, into choosing healthy options and promote education and information campaigns aimed at improving consumers understanding of food information, including nutritional labelling; |
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4.

Encourage voluntary labelling of foods, in accordance with the principles laid down in Regulation (EU) No 1169/2011 in particular of article 35(1) thereof to support all consumers, in particular those from lower socioeconomic groups, into choosing healthy options and promote education and information campaigns aimed at improving consumers understanding of food information, including nutritional labelling;

| 5. | Identify, within the High Level Group on Nutrition and Physical Activity, appropriate mechanisms to improve the existing collection of data on health indicators, as well as data on interventions and actions, in particular those related to behaviour, protective factors and risk factors, overweight, obesity and health outcomes in order to have up-to-date, reliable and comparable data; |
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5.

Identify, within the High Level Group on Nutrition and Physical Activity, appropriate mechanisms to improve the existing collection of data on health indicators, as well as data on interventions and actions, in particular those related to behaviour, protective factors and risk factors, overweight, obesity and health outcomes in order to have up-to-date, reliable and comparable data;

| 6. | Establish as priority areas the monitoring of physical activity and nutritional quality of food in educational settings for children, assessing social inequalities in relation to obesity and overweight in children and adolescents, and their consequent impact; |
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6.

Establish as priority areas the monitoring of physical activity and nutritional quality of food in educational settings for children, assessing social inequalities in relation to obesity and overweight in children and adolescents, and their consequent impact;

| 7. | Support the WHO Childhood Obesity Surveillance Initiative (29) with the aim of routinely measuring trends in overweight and obesity in primary school children and the Health Behaviour Study in School Children (30) for adolescents, in order to understand the progress of the epidemic in this population group and to permit country comparisons within the European Region; |
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7.

Support the WHO Childhood Obesity Surveillance Initiative (29) with the aim of routinely measuring trends in overweight and obesity in primary school children and the Health Behaviour Study in School Children (30) for adolescents, in order to understand the progress of the epidemic in this population group and to permit country comparisons within the European Region;

| 8. | Continue to support and implement, while fully respecting Member States competences, the EU Action Plan on Childhood Obesity 2014-2020, especially cross-border activities and effects such as food product improvement and marketing directed at children; |
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8.

Continue to support and implement, while fully respecting Member States competences, the EU Action Plan on Childhood Obesity 2014-2020, especially cross-border activities and effects such as food product improvement and marketing directed at children;

| 9. | Develop and evaluate evidence-based programmes and guidelines on health promotion and prevention interventions, diagnosis and treatment options for at risk, overweight and obese children and adolescents. In addition, provide training and direction for health professionals in line with WHO guidance and recommendations; |
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9.

Develop and evaluate evidence-based programmes and guidelines on health promotion and prevention interventions, diagnosis and treatment options for at risk, overweight and obese children and adolescents. In addition, provide training and direction for health professionals in line with WHO guidance and recommendations;

| 10. | Identify good practices in Member States which fit evidence-based selection criteria and disseminate them amongst Member States, whilst taking into account the institutional context; |
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10.

Identify good practices in Member States which fit evidence-based selection criteria and disseminate them amongst Member States, whilst taking into account the institutional context;

CALLS UPON THE COMMISSION TO:

| 1. | Continue to support and resource research projects and surveillance initiatives directed at tracking and tackling childhood overweight and obesity, including the dissemination of examples of good practice and success stories selected on the basis of rigorous criteria; |
| --- | --- |

1.

Continue to support and resource research projects and surveillance initiatives directed at tracking and tackling childhood overweight and obesity, including the dissemination of examples of good practice and success stories selected on the basis of rigorous criteria;

| 2. | Ensure an effective health-in-all-policies approach that promotes health, prevention and nutrition considerations across sectors and initiatives; |
| --- | --- |

2.

Ensure an effective health-in-all-policies approach that promotes health, prevention and nutrition considerations across sectors and initiatives;

| 3. | Continue to involve stakeholders at EU level, in particular in product improvement, using appropriate evaluation and accountability frameworks, and regularly report on developments; |
| --- | --- |

3.

Continue to involve stakeholders at EU level, in particular in product improvement, using appropriate evaluation and accountability frameworks, and regularly report on developments;

| 4. | Support the drafting of EU codes of conduct in the area of marketing and commercial communication on foods, in particular in relation to children and adolescents, while appropriately involving stakeholders; |
| --- | --- |

4.

Support the drafting of EU codes of conduct in the area of marketing and commercial communication on foods, in particular in relation to children and adolescents, while appropriately involving stakeholders;

| 5. | Support the joint work of Member States willing to continue to develop and implement as widely as possible relevant coordinated initiatives, especially in the areas of food product improvement, economic analysis of obesity consequences, marketing and public procurement of food. |
| --- | --- |

5.

Support the joint work of Member States willing to continue to develop and implement as widely as possible relevant coordinated initiatives, especially in the areas of food product improvement, economic analysis of obesity consequences, marketing and public procurement of food.

---

(1)  The United Nations Convention on the Rights of the Child defines child as ‘a human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier’.

(2)  OJ C 326, 26.10.2012, p. 47 (consolidated version).

(3)  Other relevant Council Conclusions or Recommendations: the Council Conclusions adopted on 2 December 2002 on obesity, the Council Conclusions adopted on 2 December 2003 on healthy lifestyles: education, information and communication, the Council Conclusions adopted on 31 May 2007 on health promotion by means of nutrition and physical activity, the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 20 November 2008 on the health and well-being of young people, the Council Conclusions adopted on 2 December 2011 on closing health gaps within the EU through concerted action to promote healthy lifestyle behaviours and the Council Recommendation adopted on 26 November 2013 on promoting health enhancing physical activity across sectors.

(4)  OJ C 20, 23.1.2001, p. 1.

(5)  9181/05 SAN 67

(6)  16167/06 SAN 261

(7)  15612/07 SAN 227 DENLEG 118

(8)  9947/10 SAN 120 SOC 355

(9)  OJ C 393, 19.12.2012, p. 22.

(10)  OJ C 213, 8.7.2014, p. 1.

(11)  OJ C 269, 23.7.2016, p. 21.

(12)  http://ec.europa.eu/health//sites/health/files/nutrition_physical_activity/docs/childhoodobesity_actionplan_2014_2020_en.pdf

(13)  The notion of a ‘healthy diet’ is synonymous with that used in the EU Action Plan on Childhood Obesity 2014-2020 http://ec.europa.eu/health//sites/health/files/nutrition_physical_activity/docs/childhoodobesity_actionplan_2014_2020_en.pdf;

and the WHO Report of the Commission on Ending Childhood Obesity http://apps.who.int/iris/bitstream/10665/204176/1/9789241510066_eng.pdf

(14)  http://www.euro.who.int/__data/assets/pdf_file/0008/253727/64wd14e_FoodNutAP_140426.pdf

(15)  http://www.who.int/nmh/events/ncd_action_plan/en/

(16)  http://www.euro.who.int/__data/assets/pdf_file/0010/282961/65wd09e_PhysicalActivityStrategy_150474.pdf?ua=1

(17)  http://apps.who.int/iris/bitstream/10665/204176/1/9789241510066_eng.pdf

(18)  http://www.un.org/ga/search/view_doc.asp?symbol=A/RES/70/1&Lang=E

(19)  http://www.euro.who.int/__data/assets/pdf_file/0003/234381/Vienna-Declaration-on-Nutrition-and-Noncommunicable-Diseases-in-the-Context-of-Health-2020-Eng.pdf?ua=1

(20)  https://ec.europa.eu/jrc/sites/jrcsh/files/public-procurement-food-health-technical-report.pdf

(21)  Study on the implementation of the EU Action Plan on Childhood Obesity 2014-2020 https://www.eu2017.mt/Documents/Reports/mid-term%20evaluation%20APCO%20report%20Draft.pdf

(22)  WHO statistics on obesity:

http://www.euro.who.int/en/health-topics/noncommunicable-diseases/obesity/data-and-statistics

(23)  Obesogenic refers to the sum of influences that the surroundings, opportunities, or conditions of life have on promoting obesity in individuals or populations. In accordance with the Analysis Grid for Environments Linked to Obesity (ANGELO), the environment is dissected into two dimensions: size (micro or macro) and type (physical, economic, political and socio-cultural), for measures related to obesity (e.g. dietary behaviour, physical activity or weight) See: Swinburn B, Egger G, Raza F. - Dissecting Obesogenic Environments: The Development and Application of a Framework for Identifying and Prioritizing Environmental Interventions for Obesity. Prev Med, 1999 12;29(6):563-570).

(24)  Woo Baidal JA, Locks LM, Cheng ER, Blake-Lamb TL, Perkins ME, Taveras EM. Risk Factors for Childhood Obesity in the First 1,000 Days: a Systematic Review. AJPM. 2016;50(6):761-779.

(25)  See, Flacking, R., Hedberg Nyqvist, K, Ewald, U; Effects of socioeconomic status on breastfeeding duration in mothers of preterm and term infants. Eur J Public Health 2007; 17 (6): 579-584. doi: 10.1093/eurpub/ckm019

(26)  Global recommendations on physical activity for health http://www.who.int/dietphysicalactivity/factsheet_recommendations/en/

(27)  This recommendation is based on the conclusions and recommendations of the expert consultation (Geneva, 28–30 March 2001) that completed the systematic review of the optimal duration of exclusive breastfeeding (see document A54/INF.DOC./4)

(28)  Active transportation refers to any form of human-powered transportation – walking, cycling, using a wheelchair, in-line skating or skateboarding. See http://www.phac-aspc.gc.ca/hp-ps/hl-mvs/pa-ap/at-ta-eng.php

(29)  http://www.euro.who.int/en/health-topics/disease-prevention/nutrition/activities/monitoring-and-surveillance/who-european-childhood-obesity-surveillance-initiative-cosi

(30)  http://www.euro.who.int/en/health-topics/Life-stages/child-and-adolescent-health/health-behaviour-in-school-aged-children-hbsc

---

European Commission

| 29.6.2017 | EN | Official Journal of the European Union | C 205/53 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/53

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Euro exchange rates (1)

28 June 2017

(2017/C 205/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1375 |
| JPY | Japanese yen | 127,53 |
| DKK | Danish krone | 7,4366 |
| GBP | Pound sterling | 0,88525 |
| SEK | Swedish krona | 9,7780 |
| CHF | Swiss franc | 1,0913 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 9,6020 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,326 |
| HUF | Hungarian forint | 309,54 |
| PLN | Polish zloty | 4,2375 |
| RON | Romanian leu | 4,5510 |
| TRY | Turkish lira | 4,0079 |
| AUD | Australian dollar | 1,4986 |
| CAD | Canadian dollar | 1,4888 |
| HKD | Hong Kong dollar | 8,8759 |
| NZD | New Zealand dollar | 1,5648 |
| SGD | Singapore dollar | 1,5752 |
| KRW | South Korean won | 1 300,61 |
| ZAR | South African rand | 14,8080 |
| CNY | Chinese yuan renminbi | 7,7348 |
| HRK | Croatian kuna | 7,4128 |
| IDR | Indonesian rupiah | 15 160,03 |
| MYR | Malaysian ringgit | 4,8922 |
| PHP | Philippine peso | 57,518 |
| RUB | Russian rouble | 67,9014 |
| THB | Thai baht | 38,675 |
| BRL | Brazilian real | 3,7632 |
| MXN | Mexican peso | 20,4344 |
| INR | Indian rupee | 73,4345 |

Currency

Exchange rate

USD

US dollar

1,1375

JPY

Japanese yen

127,53

DKK

Danish krone

7,4366

GBP

Pound sterling

0,88525

SEK

Swedish krona

9,7780

CHF

Swiss franc

1,0913

ISK

Iceland króna

NOK

Norwegian krone

9,6020

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,326

HUF

Hungarian forint

309,54

PLN

Polish zloty

4,2375

RON

Romanian leu

4,5510

TRY

Turkish lira

4,0079

AUD

Australian dollar

1,4986

CAD

Canadian dollar

1,4888

HKD

Hong Kong dollar

8,8759

NZD

New Zealand dollar

1,5648

SGD

Singapore dollar

1,5752

KRW

South Korean won

1 300,61

ZAR

South African rand

14,8080

CNY

Chinese yuan renminbi

7,7348

HRK

Croatian kuna

7,4128

IDR

Indonesian rupiah

15 160,03

MYR

Malaysian ringgit

4,8922

PHP

Philippine peso

57,518

RUB

Russian rouble

67,9014

THB

Thai baht

38,675

BRL

Brazilian real

3,7632

MXN

Mexican peso

20,4344

INR

Indian rupee

73,4345

---

(1)  Source: reference exchange rate published by the ECB.

---

| 29.6.2017 | EN | Official Journal of the European Union | C 205/54 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/54

---

Explanatory Notes to the Combined Nomenclature of the European Union

(2017/C 205/05)

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 379,
  ‘9403 Other furniture and parts thereof’
  , the following text shall be added after the first paragraph:

‘This heading does not include baskets and bags for laundry. For the purposes of Chapter 94 the term “furniture” means any “movable” articles (not included under other more specific headings of the Nomenclature), which are constructed for placing on the floor or ground, and which are used, mainly with a utilitarian purpose, to equip private dwellings, hotels, theatres, etc.

Baskets and bags for laundry are classified according to their constituent material. For example, baskets for laundry of iron or steel are classified as other household articles under heading 7323 (which includes baskets for laundry, see the HS Explanatory Note (HSEN) to heading 7323 (A) (3)), and baskets for laundry of plaiting materials are classified under heading 4602 (which includes baskets of all kinds, see the HSEN to heading 4602 (1)).

Examples of baskets and bags for laundry which are to be classified according to their constituent material:

| | | |
| --- | --- | --- |
| Of willow, inner side lined with cotton, height: 66 cm. | Of textile, mounted on a wooden construction, height: 69 cm. | Of stainless steel, no lining, height: 60 cm. |
| Heading 4602 . | Heading 6307 (the essential character is provided by the textile bag, which holds the laundry, as the article would not function without the textile bag). | Heading 7323 .’ |

Image

Image

Image

Of willow, inner side lined with cotton, height: 66 cm.

Of textile, mounted on a wooden construction, height: 69 cm.

Of stainless steel, no lining, height: 60 cm.

Heading 4602 .

Heading 6307 (the essential character is provided by the textile bag, which holds the laundry, as the article would not function without the textile bag).

Heading 7323 .’

---

(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 76, 4.3.2015, p. 1.

2

---

| 29.6.2017 | EN | Official Journal of the European Union | C 205/55 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/55

---

Explanatory notes to the Combined Nomenclature of the European Union

(2017/C 205/06)

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the explanatory notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 381,
  ‘9503 00 10 Tricycles, scooters, pedal cars and similar wheeled toys; dolls’ carriages’, the following text is inserted after the existing text:

‘This subheading also includes scooters fitted with an auxiliary motor, provided that the following limits are not exceeded:

| — | a speed not exceeding 20 km per hour, |
| --- | --- |

—

a speed not exceeding 20 km per hour,

| — | a net weight not exceeding 12 kg, |
| --- | --- |

—

a net weight not exceeding 12 kg,

| — | one-speed transmission, |
| --- | --- |

—

one-speed transmission,

| — | only one hand brake or a foot brake on the rear wheel. |
| --- | --- |

—

only one hand brake or a foot brake on the rear wheel.

Whenever one of the above criteria is not met, scooters fitted with an auxiliary motor must be classified in heading 8711.’

---

(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 76, 4.3.2015, p. 1.

---

| 29.6.2017 | EN | Official Journal of the European Union | C 205/56 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/56

---

Explanatory notes to the Combined Nomenclature of the European Union

(2017/C 205/07)

Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 208, the text:

| ‘4418 90 10 | Glue-laminated timber

  “See the HS Explanatory Note to heading 4418, third paragraph.” |
| --- | --- |
| 4418 90 80 | Other

  This subheading includes the cellular wood panels described in the HS Explanatory Note to heading 4418, fourth paragraph.’ |

‘4418 90 10

Glue-laminated timber

“See the HS Explanatory Note to heading 4418, third paragraph.”

4418 90 80

Other

This subheading includes the cellular wood panels described in the HS Explanatory Note to heading 4418, fourth paragraph.’

is replaced by the following text:

is replaced by the following text:

| ‘4418 99 10 | Glue-laminated timber

  “See the HS Explanatory Note to heading 4418, fourth paragraph.” |
| --- | --- |
| 4418 99 90 | Other

  This subheading includes the cellular wood panels described in the HS Explanatory Note to heading 4418, fifth paragraph.’ |

‘4418 99 10

Glue-laminated timber

“See the HS Explanatory Note to heading 4418, fourth paragraph.”

4418 99 90

Other

This subheading includes the cellular wood panels described in the HS Explanatory Note to heading 4418, fifth paragraph.’

On page 215, the following text is deleted:

On page 215, the following text is deleted:

| ‘4805 91 00 | Weighing 150 g/m2 or less

  This subheading includes paper and paperboard made entirely from recovered (waste and scrap) paper, without additives, and which has a burst index of 0,8 kPa or more but not exceeding 1,9 kPa. |
| --- | --- |
| 4805 92 00 | Weighing more than 150 g/m2 but less than 225 g/m2


  The explanatory note to subheading 4805 91 00 applies, mutatis mutandis. |
| 4805 93 20 | Made from recovered paper

  The explanatory note to subheading 4805 91 00 applies, mutatis mutandis.’ |

‘4805 91 00

Weighing 150 g/m2 or less

This subheading includes paper and paperboard made entirely from recovered (waste and scrap) paper, without additives, and which has a burst index of 0,8 kPa or more but not exceeding 1,9 kPa.

4805 92 00

Weighing more than 150 g/m2 but less than 225 g/m2

The explanatory note to subheading 4805 91 00 applies, mutatis mutandis.

4805 93 20

Made from recovered paper

The explanatory note to subheading 4805 91 00 applies, mutatis mutandis.’

On page 342, the following text is deleted:

On page 342, the following text is deleted:

| ‘8529 | Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528

  This heading does not include tripods for use with cameras of heading 8525 or Chapter 90 (classification according to their constituent material).’ |
| --- | --- |

‘8529

Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528

This heading does not include tripods for use with cameras of heading 8525 or Chapter 90 (classification according to their constituent material).’

---

(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 76, 4.3.2015, p. 1.

2

---

European Food Safety Authority

| 29.6.2017 | EN | Official Journal of the European Union | C 205/57 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/57

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Networking of organisations operating in the fields within the European Food Safety Authority's (EFSA’s) mission

(2017/C 205/08)

Regulation (EC) No 178/2002 (1), Article 36(2), provides that the European Food Safety Authority's ‘Management Board, acting on a proposal from the Executive Director, shall draw up a list to be made public of competent organisations designated by the Member States which may assist the Authority, either individually or in networks, with its mission.’

The list was first drawn up by EFSA’s Managements Board on 19 December 2006, and since then is:

| i. | updated regularly, on the basis of proposals from EFSA’s Executive Director, taking account of reviews or new designation proposals from the Member States (in accordance with Commission Regulation (EC) No 2230/2004, Article 2(4) (2)); |
| --- | --- |

i.

updated regularly, on the basis of proposals from EFSA’s Executive Director, taking account of reviews or new designation proposals from the Member States (in accordance with Commission Regulation (EC) No 2230/2004, Article 2(4) (2));

| ii. | made public on EFSA’s website, where the latest updated list of competent organisations is published; and |
| --- | --- |

ii.

made public on EFSA’s website, where the latest updated list of competent organisations is published; and

| iii. | made available through the Article 36 Search Tool to the organisations, providing contact details and the organisations’ specific fields of competence. |
| --- | --- |

iii.

made available through the Article 36 Search Tool to the organisations, providing contact details and the organisations’ specific fields of competence.

This respective information is available on the EFSA website, under the following links:

| i. | the latest amendment to the list of competent organisations by EFSA’s Management Board on [21/06/2017] –[http://www.efsa.europa.eu/en/events/event/170621-0]; |
| --- | --- |

i.

the latest amendment to the list of competent organisations by EFSA’s Management Board on [21/06/2017] –[http://www.efsa.europa.eu/en/events/event/170621-0];

| ii. | the updated list of competent organisations – http://www.efsa.europa.eu/sites/default/files/assets/art36listg.pdf and |
| --- | --- |

ii.

the updated list of competent organisations – http://www.efsa.europa.eu/sites/default/files/assets/art36listg.pdf and

| iii. | Article 36 Search Tool – http://www.efsa.europa.eu/art36/search |
| --- | --- |

iii.

Article 36 Search Tool – http://www.efsa.europa.eu/art36/search

EFSA will keep this notification updated, specifically regarding the provided website links.

For more information please contact Cooperation.Article36@efsa.europa.eu

---

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

(2)  Commission Regulation (EC) No 2230/2004 of 23 December 2004 laying down detailed rules for the implementation of European Parliament and Council Regulation (EC) No 178/2002 with regard to the network of organisations operating in the fields within the European Food Safety Authority’s mission (OJ L 379, 24.12.2004, p. 64).

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 29.6.2017 | EN | Official Journal of the European Union | C 205/58 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/58

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Prior notification of a concentration

(Case M.8491 — PGA Group/Groupe Bernard/CDPR)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 205/09)

| 1. | On 12 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the PGA Group SAS (‘PGA Group’, France) and Bernard Participations (‘Groupe Bernard’, France) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over CDPR, previously solely controlled by Groupe Bernard by way of purchase of shares. |
| --- | --- |

1.

On 12 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the PGA Group SAS (‘PGA Group’, France) and Bernard Participations (‘Groupe Bernard’, France) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over CDPR, previously solely controlled by Groupe Bernard by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   PGA Group: active in the retail car and spare parts distribution with its main operations in France and further activities in Poland, the Netherlands, Belgium, Spain and Italy.
  —   Groupe Bernard: owns various automotive dealerships in France.
  —   CDPR: joint venture which will be active in the distribution of automoative spare parts to the extent that Groupe Bernard will transfer to CDPR the existing activities of one of its subsidiaries (SICMA), which is already active in this business segement. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   PGA Group: active in the retail car and spare parts distribution with its main operations in France and further activities in Poland, the Netherlands, Belgium, Spain and Italy.

—   Groupe Bernard: owns various automotive dealerships in France.

—   CDPR: joint venture which will be active in the distribution of automoative spare parts to the extent that Groupe Bernard will transfer to CDPR the existing activities of one of its subsidiaries (SICMA), which is already active in this business segement.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8491 — PGA Group/Groupe Bernard/CDPR, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8491 — PGA Group/Groupe Bernard/CDPR, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

---

| 29.6.2017 | EN | Official Journal of the European Union | C 205/59 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/59

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Prior notification of a concentration

(Case M.8500 — Central/SIGNA Prime/JVCo)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 205/10)

| 1. | On 20 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Harng Central Department Store Ltd (‘Central’, Thailand) and Berlin, Tauentzienstraße 21-24 Beteiligung A Sàrl, a subsidiary of SIGNA Prime Selection AG (‘SIGNA’, Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Berlin, Passauer Straße 1-3 Immobilien GmbH & Co. KG (‘JVCo’, Germany), by way of purchase of shares. |
| --- | --- |

1.

On 20 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Harng Central Department Store Ltd (‘Central’, Thailand) and Berlin, Tauentzienstraße 21-24 Beteiligung A Sàrl, a subsidiary of SIGNA Prime Selection AG (‘SIGNA’, Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Berlin, Passauer Straße 1-3 Immobilien GmbH & Co. KG (‘JVCo’, Germany), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for Central: family owned holding company which is active through subsidiaries in merchandising, real estate, retailing, hospitality and restaurants activities primarily in Southeast Asia including Thailand, Indonesia and Vietnam.
  —   for SIGNA: engaged in real estate activities, i.e. purchase, rent, lease and management of land and buildings as well as project development. The associated group under the control of SIGNA Retail GmbH is active in retail trade and operates, in particular, the Karstadt department store chain.
  —   for JVCo: owner of a real estate property plot in Berlin which is currently occupied by a multi storey car park. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Central: family owned holding company which is active through subsidiaries in merchandising, real estate, retailing, hospitality and restaurants activities primarily in Southeast Asia including Thailand, Indonesia and Vietnam.

—   for SIGNA: engaged in real estate activities, i.e. purchase, rent, lease and management of land and buildings as well as project development. The associated group under the control of SIGNA Retail GmbH is active in retail trade and operates, in particular, the Karstadt department store chain.

—   for JVCo: owner of a real estate property plot in Berlin which is currently occupied by a multi storey car park.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8500 — Central/SIGNA Prime/JVCo, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8500 — Central/SIGNA Prime/JVCo, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

---

| 29.6.2017 | EN | Official Journal of the European Union | C 205/60 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/60

---

Prior notification of a concentration

(Case M.8550 — USSL/Goldman Sachs/Redexis Gas)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 205/11)

| 1. | On 20 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Universities Superannuation Scheme Limited (‘USSL’, UK) and GS Global Infrastructure Partners II, LP and GS International Infrastructrue Partners II, LP (‘Goldman Sachs’, USA) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of Redexis Gas S.A. and Redexis Gas Finance B.V. (‘Redexis Gas’, Spain) by way of a purchase of shares. |
| --- | --- |

1.

On 20 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Universities Superannuation Scheme Limited (‘USSL’, UK) and GS Global Infrastructure Partners II, LP and GS International Infrastructrue Partners II, LP (‘Goldman Sachs’, USA) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control of Redexis Gas S.A. and Redexis Gas Finance B.V. (‘Redexis Gas’, Spain) by way of a purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | USSL is the corporate trustee responsible for managing a UK private sector pension scheme for academic and comparable staff in UK universities and other higher education and research institutions; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

USSL is the corporate trustee responsible for managing a UK private sector pension scheme for academic and comparable staff in UK universities and other higher education and research institutions;

| — | Goldman Sachs is a global investment banking, securities and investment management firm that provides a range of banking, securities and investment services worldwide; |
| --- | --- |

—

Goldman Sachs is a global investment banking, securities and investment management firm that provides a range of banking, securities and investment services worldwide;

| — | Redexis Gas is a regulated natural gas and LPG transmission and distribution company operating in Spain. |
| --- | --- |

—

Redexis Gas is a regulated natural gas and LPG transmission and distribution company operating in Spain.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8550 — USSL/Goldman Sachs/Redexis Gas, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8550 — USSL/Goldman Sachs/Redexis Gas, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

---

| 29.6.2017 | EN | Official Journal of the European Union | C 205/61 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/61

---

Prior notification of a concentration

(Case M.8456 — INEOS/Forties Pipeline System)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 205/12)

| 1. | On 20 June 2017, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking INEOS FPS Limited (owned by INEOS Limited (‘INEOS’), Isle of Man) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Forties Pipeline System (‘FPS’, UK) and interests in the North and South Graben Area Export Lines, by way of purchase of assets. |
| --- | --- |

1.

On 20 June 2017, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking INEOS FPS Limited (owned by INEOS Limited (‘INEOS’), Isle of Man) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Forties Pipeline System (‘FPS’, UK) and interests in the North and South Graben Area Export Lines, by way of purchase of assets.

| 2. | The business activities of the undertakings concerned are:
  —   for INEOS: it is a global manufacturer of petrochemicals, speciality chemicals and oil products. INEOS has limited activities in the upstream oil and gas sector,
  —   for FPS: it is an integrated oil and natural gas liquids pipeline transportation and processing system located in the UK Northern North Sea. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for INEOS: it is a global manufacturer of petrochemicals, speciality chemicals and oil products. INEOS has limited activities in the upstream oil and gas sector,

—   for FPS: it is an integrated oil and natural gas liquids pipeline transportation and processing system located in the UK Northern North Sea.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8456 — INEOS/Forties Pipeline System, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.8456 — INEOS/Forties Pipeline System, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

---

OTHER ACTS

European Commission

| 29.6.2017 | EN | Official Journal of the European Union | C 205/62 |
| --- | --- | --- | --- |

29.6.2017

EN

Official Journal of the European Union

C 205/62

---

Publication of an amendment application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2017/C 205/13)

This publication confers the right to oppose the amendment application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

APPLICATION FOR APPROVAL OF AN AMENDMENT TO THE PRODUCT SPECIFICATION OF A PROTECTED DESIGNATION OF ORIGIN/PROTECTED GEOGRAPHICAL INDICATION THAT IS NOT MINOR

Application for approval of an amendment in accordance with the first subparagraph of Article 53(2) of Regulation (EU) No 1151/2012

‘QUARTIROLO LOMBARDO’

EU No: PDO-IT-02160 – 27.7.2016

PDO ( X ) PGI ( )

1.   Applicant group and legitimate interest

Consorzio di Tutela Quartirolo Lombardo, headquarters:

| Via Rodi 5 |
| --- |
| IT-25100 Brescia |
| ITALIA |

Via Rodi 5

IT-25100 Brescia

ITALIA

Administrative offices:

| Viale Francesco Crispi 24 |
| --- |
| IT-25034 Orzinuovi (BS) |
| Tel. +39 030944320 |
| Fax +39 0309946772 |
| Email: info@quartirololombardo.com; Pec: tutelaquartirolo@legalmail.it. |

Viale Francesco Crispi 24

IT-25034 Orzinuovi (BS)

Tel. +39 030944320

Fax +39 0309946772

Email: info@quartirololombardo.com; Pec: tutelaquartirolo@legalmail.it.

The above protection association is entitled to submit an amendment application pursuant to Article 13(1) of Ministry of Agricultural, Food and Forestry Policy Decree No 12511 of 14 October 2013.

2.   Member State or Third Country

Italy

3.   Heading in the product specification affected by the amendment(s)

| — | ☐ | Product name |
| --- | --- | --- |
| — | ☒ | Product description |
| — | ☐ | Geographical area |
| — | ☒ | Proof of origin |
| — | ☒ | Production Method |
| — | ☒ | Link |
| — | ☒ | Labelling |
| — | ☒ | Other: formal amendment to the specification; inspection body; geographical area adjusted to take account of administrative changes. |

—

☐

Product name

—

☒

Product description

—

☐

Geographical area

—

☒

Proof of origin

—

☒

Production Method

—

☒

Link

—

☒

Labelling

—

☒

Other: formal amendment to the specification; inspection body; geographical area adjusted to take account of administrative changes.

4.   Type of amendment(s)

| — | ☐ | Amendment to product specification of registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. |
| --- | --- | --- |
| — | ☒ | Amendment to product specification of registered PDO or PGI for which a Single Document (or equivalent) has not been published not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012. |

—

☐

Amendment to product specification of registered PDO or PGI not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

—

☒

Amendment to product specification of registered PDO or PGI for which a Single Document (or equivalent) has not been published not to be qualified as minor in accordance with the third subparagraph of Article 53(2) of Regulation (EU) No 1151/2012.

5.   Amendment(s)

Product description

In the first sentence of the current specification (Article 3 of the Prime Ministerial Decree of 10 May 1993) the words ‘raw or pasteurised’ have been added.

Thus the current wording:

‘‘Quartirolo Lombardo’ is a soft table cheese made from cow’s milk from at least two milkings ...’

has been replaced as follows:

‘‘Quartirolo Lombardo’ is a soft table cheese made from raw or pasteurised cow’s milk from at least two milkings ...’.

Given that this was already specified in the report annexed to the registration application, this is just a formal amendment intended to harmonise the content of the various documents sent to the Commission.

The current ‘Quartirolo Lombardo’ specification provides for an ageing period of 5-30 days for the soft cheese; after 30 days the product is marketed as mature ‘Quartirolo Lombardo’. Specifically, the last paragraph of Article 3(A) of the current specification reads:

‘The ageing period lasts from 5 to 30 days from the date of production for the soft cheese, while after 30 days the product is marketed as mature ‘Quartirolo Lombardo’.’

This has been replaced as follows in the amended specification:

‘The ageing period lasts from 2 to 30 days from the date of production for the ‘fresh’ cheese, while after 30 days the product is marketed as ‘Quartirolo Lombardo’‘mature’ (‘aged’).’

The word ‘soft’ has been replaced with ‘fresh’ to describe young ‘Quartirolo Lombardo’ cheese and ‘aged’ has been added to describe mature ‘Quartirolo Lombardo’. The amendment does not therefore introduce two specific categories or types of the cheese, which already exist, but only concerns information to be included on the label. The reason for the amendment is that consumers easily understand these terms which are now widely used. Adding them to the specification means that they can be used on the label.

Furthermore, the ageing period for fresh ‘Quartirolo Lombardo’ (which is a soft cheese) has been shortened from 5-30 to 2-30 days.

This amendment is required to meet consumer demand for an ever fresher product.

Proof of origin

Proof of origin

Article 4 of the specification regarding proof of origin has been improved and updated. In addition, the PDO logo, which is currently annexed to the product specification, has been inserted into the specification itself.

Thus the current wording:

‘When put on the market, ‘Quartirolo Lombardo’ PDO cheese must bear a specific label stating its geographical origin and the details of the legislation recognising the designation so as to guarantee its compliance with the relevant legislation’

has been replaced as follows:

‘Producers are listed in registers managed by the inspection body and are responsible for ensuring, through the records they keep, which may be checked by the inspection body, that they can prove the origin of the feed, raw materials and product that come from the area of origin and must keep accounts of the lots entering and exiting and the correlation between them. When placed on the market, ‘Quartirolo Lombardo’ PDO whole cheeses must bear a mark of origin: this marking should be carried out during the heat treatment at the turning stage, after the curds have been moulded but before salting to ensure the stamp is clear, using plastic food-grade stamps impressed on one of the cheese’s flat surfaces and bearing the producer’s identification number, which is allocated by the protection body appointed by the Ministry of Agricultural, Food and Forestry Policy to all the producers listed in the inspection body’s register. The origin mark of ‘Quartirolo Lombardo’ PDO cheese consists of the figure reproduced below (image 1), which contains the following letters:

| a. | the letter Q in the top left-hand corner; |
| --- | --- |

a.

the letter Q in the top left-hand corner;

| b. | the letter L in the top right-hand corner; |
| --- | --- |

b.

the letter L in the top right-hand corner;

| c. | the letter L in the bottom left-hand corner; |
| --- | --- |

c.

the letter L in the bottom left-hand corner;

| d. | the letter Q in the bottom right-hand corner. |
| --- | --- |

d.

the letter Q in the bottom right-hand corner.

The producer’s identification number is in the centre.

Image 1

Image ’.

This is a formal amendment where all the information on the proof of origin currently annexed to the specification and included the inspection plan approved by the Ministry has been added in the relevant article.

Production method

Production method

As the current specification does not specify what proportion of the dairy cattle’s feed originates from the demarcated area, the following phrase has been added:

‘on an annual basis, at least 50 % of the dry matter in the feed comes from the geographical area of origin’.

With regard to the coagulation temperature, the upper value has been slightly increased.

The original specification provides for a coagulation temperature of between 35 and 40 °C.

The new specification proposes a coagulation temperature of between 35 and 44 °C.

In the light of developments in cheese-making techniques, there is a need to slightly increase the coagulation temperature (from 35/40 °C to 35/44 °C), given that the thermophilic lactic cultures develop better at a temperature of just over 40 °C. Furthermore, a higher temperature facilitates the dehydration of the curds, thereby enhancing the cohesion of the granules and the selection of the strains of thermophilic micro-organisms required for maturing the cheese, with fewer risks that undesirable micro-organisms will develop.

In the paragraph stating ‘adding starter culture from earlier batches from the same dairy where the cheese is made is allowed’ the words ‘as are selected cultures’ have been added.

It therefore now reads:

‘Adding starter culture from earlier batches from the same dairy where the cheese is made is allowed, as are selected cultures’.

Given that this was already specified in the report annexed to the registration application, this is just a formal amendment intended to harmonise the content of the various documents sent to the Commission.

The heat-treatment temperature range has been slightly increased from 26-28 °C to 24-30 °C.

Decreasing the lower temperature limit is justified by improved milk hygiene practices on the farm, thanks to regular application of the legislation in force with regard to production techniques, which has had positive knock-on effects on every stage in the production chain. The milk that is now delivered to the cheese producers and suitable for processing into cheese is checked at every stage and the bacterial count is always monitored. Increasing the upper temperature limit for the heat-treatment of the cheese ensures better curd structure and produces better ‘Quartirolo Lombardo’ cheeses, with less wastage due to cheeses of the wrong shape.

The reference in the current specification to a temperature of between 10 and 14 °C in the premises where salting takes place has been deleted.

This amendment is justified by the fact that, in the majority of production sites, salting takes place in traditional premises without air conditioning. Years of checks have shown that this constraint does not affect the characteristics of the product, but does risk penalising small-scale cheese-makers for whom it is more difficult to maintain exact temperatures in the premises where several production stages take place.

The humidity levels of the maturation areas have been changed from 85-90 % to 80-95 %.

This amendment responds to the need expressed by producers, especially small-scale dairies, to also be able to mature cheeses in premises that are not refrigerated or air-conditioned. This amendment ensures a better management of the product maturing phase, and factors in the conditions in premises that are not air-conditioned.

The following phrase has been added by way of clarification as to how the product can be sold:

‘‘Quartirolo Lombardo’ PDO cheese may be marketed whole or in portions.’

Link

Link

A specific article on the link that was not included in the current specification but was in the summary sheet has been added.

The amendments to the article are only formal in that the contents are the same as in the summary sheet, but better explained.

The following sentences in the summary sheet:

‘The natural factors are linked to climatic conditions that influence both the properties of the fodder for the dairy cows and the process of ageing the cheese. With respect to human factors, the cheese is traditionally consumed in the production area and produced using methods that have remained constant over time and are based on local practices.’

have been amended as follows:

‘The natural factors are linked to the climatic conditions in the defined geographical area, situated between the plain to the left of the river Po and bordering the foothills of the Alps between Bergamo and Lecco. In the upper well-irrigated areas of the Po Valley, the continental climate, with its marked differences between the seasons, provides the right conditions for the growth of abundant quality fodder for the dairy cows. The production of milk suitable for the production of both fresh and mature (aged) cheese depends on the cows’ diet. It is precisely thanks to the organoleptic qualities of the milk used, combined with the human factor in the form of an age-old cheese-making tradition passed down from generation to generation, involving tools and technologies with strong links to the territory, that the ‘Quartirolo Lombardo’, once processed, assumes its characteristic taste, which is slightly acidic and aromatic in the young (fresh) cheese and more aromatic and intense in the mature (aged) cheese. The tradition of ‘Quartirolo Lombardo’ PDO cheese, such that it has become a local speciality, is closely linked to the cycle of the seasons, local livestock farming practices and the cheese-making and maturing processes. There is no substitute for the cheese-makers’ traditional knowledge, passed down through the centuries: this know-how is critical not just at the stage of processing the milk, but also at the later stages of heat treatment, salting and ageing, which is still done in time-honoured fashion in the traditional premises.’

Labelling

Labelling

The wording in the current specification:

‘When put on the market, ‘Quartirolo Lombardo’ PDO cheese must bear a specific label stating its geographical origin and the details of the legislation recognising the designation so as to guarantee its compliance with the relevant legislation’.

has been amended as follows:

‘‘Quartirolo Lombardo’ PDO cheese may be marketed whole or in portions.

When it is placed on the market, each wrapper and/or packaging of ‘Quartirolo Lombardo’ PDO cheese, whole and/or in portions, must bear the name ‘Quartirolo Lombardo’ and may be accompanied by the word ‘fresh’ for the product placed on the market that has been aged between 2 and 30 days, or the name ‘Quartirolo Lombardo’ accompanied by the word ‘mature’ or ‘aged’ for the product that has been matured for over 30 days.

It must also bear the logo shown below (Image 2), which comprises the following letters:

| — | the letter Q in the top left-hand corner; |
| --- | --- |

—

the letter Q in the top left-hand corner;

| — | the letter L in the top right-hand corner; |
| --- | --- |

—

the letter L in the top right-hand corner;

| — | the letter L in the bottom left-hand corner; |
| --- | --- |

—

the letter L in the bottom left-hand corner;

| — | the letter Q in the bottom right-hand corner. |
| --- | --- |

—

the letter Q in the bottom right-hand corner.

Image 2

The logo must be followed by a reference to the Regulation on the registration of the ‘Quartirolo Lombardo’ PDO, namely ‘Regulation (EC) No 1107/96’’.

In order to ensure the authenticity of ‘Quartirolo Lombardo’ PDO cheese, and so that consumers can identify it correctly, the presence of the specific logo on the labelling, which is now required only on whole cheeses, has been made mandatory for both whole cheeses and portions.

In addition, the words ‘formaggio fresco’ (‘fresh cheese’) may also be added to the label where applicable (for cheeses aged between 2 and 30 days). For cheeses that have been aged for more than 30 days, provision is made for using the word ‘stagionato’ (‘aged’) as an alternative to the mandatory ‘maturo’ (‘mature’) already provided for in the current specification, given that this term is more familiar to the consumer.

Other

Other

The structure of the product specification, now divided into four articles, has been changed. The proposed specification is divided into eight articles, where information has been added that was included in the attached reports or the summary sheet at the time of registering the designation. An article has also been added on inspections, listing the name and contact details of the inspection body.

The boundaries of the geographical area remain unchanged. The production area has been updated in line with recent administrative changes. The administrative provinces of Lecco, Lodi, Monza and Brianza, which were established pending or after the recognition of the ‘Quartirolo Lombardo’ designation of origin, have therefore been included. The province of Lecco includes municipalities that previously fell within the provinces of Bergamo and Como. The province of Lodi includes municipalities that were previously part of the province of Milan. The province of Monza and Brianza includes municipalities that previously fell within the province of Milan.

SINGLE DOCUMENT

‘QUARTIROLO LOMBARDO’

‘QUARTIROLO LOMBARDO’

EU No: PDO-IT-2160 – 27.7.2016

EU No: PDO-IT-2160 – 27.7.2016

PDO ( X ) PGI ( )

PDO ( X ) PGI ( )

1.   Title

Title

‘Quartirolo Lombardo’

2.   Member State or Third Country

Member State or Third Country

Italy

3.   Description of the agricultural product or foodstuff

Description of the agricultural product or foodstuff

3.1.   Type of product

Type of product

Class 1.3. Cheeses

3.2.   Description of the product to which the name in point (1) applies

Description of the product to which the name in point (1) applies

‘Quartirolo Lombardo’ is a soft table cheese made from raw or pasteurised cow’s milk from at least two milkings. The milk from the first milking must be used whole; the milk from the second or subsequent milkings may be used whole or partially skimmed.

‘Quartirolo Lombardo’ (PDO) cheese has the following characteristics:

a.   Shape: a rectangular brick or cube with flat sides and a straight heel.

Shape

b.   Dimensions: width of the flat surfaces from 18 to 22 cm, heel height 4 to 8 cm with slight variations in the minimum and maximum figures for both characteristics depending on the technical production conditions.

Dimensions

c.   Weight: varies from 1,5 kg to 3,5 kg.

Weight

d.   Rind: thin, soft and pinkish white for the young (fresh) cheese and reddish grey-green for the mature (aged) cheese.

Rind

e.   Paste – texture: compact, slightly grainy with possible flakes, crumbly (without a yellowish layer under the rind), becoming firmer, soft and melting as the cheese matures. White to yellowish white in colour, which may become more intense in the case of the mature (aged) cheese.

Paste – texture

f.   Taste: distinctive, slightly acidic-aromatic in the young (fresh) cheese and more aromatic in the mature (aged) cheese.

Taste

g.   Fat content in the dry matter: not less than 30 % for the product made from semi-skimmed milk.

Fat content in the dry matter

The ageing period lasts from 2 to 30 days from the date of production for the ‘fresh’ cheese, while after 30 days the product is marketed as ‘Quartirolo Lombardo’‘mature’ (‘aged’).

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

Feed (for products of animal origin only) and raw materials (for processed products only)

On an annual basis, at least 50 % of the dry matter in the feed comes from the geographical area of origin.

The cattle feed consists of cereals, dry and green fodder and silage. It may be supplemented with concentrates and/or protein cattle-cake.

The use of mineral and vitamin supplements is authorised.

‘Quartirolo Lombardo’ PDO cheese is made from raw or pasteurised cow’s milk, from cows reared in the geographical area.

Calf rennet, salt.

3.4.   Specific steps in production that must take place in the identified geographical area

Specific steps in production that must take place in the identified geographical area

All the stages in the production process: stockbreeding, milking, cheese making and maturing must take place in the defined geographical area.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product to which the registered name refers

Specific rules concerning slicing, grating, packaging, etc. of the product to which the registered name refers

—

3.6.   Specific rules concerning labelling of the product the registered name refers to

Specific rules concerning labelling of the product the registered name refers to

When placed on the market, ‘Quartirolo Lombardo’ PDO whole cheeses must bear a mark of origin, impressed on one of the cheese’s flat surfaces using plastic food-grade stamps. The origin mark of ‘Quartirolo Lombardo’ PDO cheese consists of the logo reproduced below containing the following letters:

| a. | the letter Q in the upper left-hand corner; |
| --- | --- |

a.

the letter Q in the upper left-hand corner;

| b. | the letter L in the top right-hand corner; |
| --- | --- |

b.

the letter L in the top right-hand corner;

| c. | the letter L in the bottom left-hand corner; |
| --- | --- |

c.

the letter L in the bottom left-hand corner;

| d. | the letter Q in the bottom right-hand corner. |
| --- | --- |

d.

the letter Q in the bottom right-hand corner.

The producer’s identification number is in the centre.

‘Quartirolo Lombardo’ PDO cheese may be marketed whole or in portions.

When it is placed on the market, each wrapper and/or packaging of ‘Quartirolo Lombardo’ PDO cheese, whole and/or in portions, must bear the name ‘Quartirolo Lombardo’ and may be accompanied by the word ‘fresh’ for the product placed on the market that has been aged between 2 and 30 days from the date of production, or the name ‘Quartirolo Lombardo’ accompanied by the word ‘mature’ or ‘aged’ for the product that has been matured for over 30 days. It must also bear the PDO logo shown below, which comprises the following letters:

| — | the letter Q in the upper left-hand corner; |
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the letter Q in the upper left-hand corner;

| — | the letter L in the top right-hand corner; |
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the letter L in the top right-hand corner;

| — | the letter L in the bottom left-hand corner; |
| --- | --- |

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the letter L in the bottom left-hand corner;

| — | the letter Q in the bottom right-hand corner. |
| --- | --- |

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the letter Q in the bottom right-hand corner.

The logo must be followed by a reference to the Regulation on the registration of the ‘Quartirolo Lombardo’ PDO, namely ‘Regulation (EC) No 1107/96’.

4.   Concise definition of the geographical area

Concise definition of the geographical area

The area of origin of the milk and where the ‘Quartirolo Lombardo’ cheese is produced comprises the administrative territory of the provinces of Brescia, Bergamo, Como, Lecco, Cremona, Milan, Lodi, Monza and Brianza, Pavia and Varese.

5.   Link with the geographical area

Link with the geographical area

The natural factors are linked to the climatic conditions in the defined geographical area, situated between the plain to the left of the river Po and bordering the foothills of the Alps between Bergamo and Lecco.

In the upper well-irrigated areas of the Po Valley, the continental climate, with its marked differences between the seasons, provides the right conditions for the growth of abundant quality fodder for the dairy cows. The production of milk suitable for the production of both fresh and mature (aged) cheese depends on the cows’ diet. It is precisely thanks to the organoleptic qualities of the milk used, combined with the human factor in the form of an age-old cheese-making tradition passed down from generation to generation, involving tools and technologies with strong links to the territory, that the ‘Quartirolo Lombardo’, once processed, assumes its characteristic taste, which is slightly acidic and aromatic in the young (fresh) cheese and more aromatic and intense in the mature (aged) cheese. The tradition of ‘Quartirolo Lombardo’ PDO cheese, such that it has become a local speciality, is closely linked to the cycle of the seasons, local livestock farming practices and the cheese-making and maturing processes.

There is no substitute for the cheese-makers’ traditional knowledge, passed down through the centuries: this know-how is critical not just at the stage of processing the milk, but also at the later stages of heat treatment, salting and ageing, which is still done in time-honoured fashion in the traditional premises.

Reference to publication of the specification

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

The full text of the product specification is available on the following website:

http://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/3335

or alternatively:

by going directly to the home page of the Ministry of Agricultural, Food and Forestry Policy (www.politicheagricole.it) and clicking on ‘Prodotti DOP e IGP’ (at the top right-hand side of the screen), then on ‘Prodotti DOP, IGP e STG’ (on the left-hand side of the screen) and finally on ‘Disciplinari di produzione all’esame dell’UE’.

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(1)  OJ L 343, 14.12.2012, p. 1.

1

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| 29.6.2017 | EN | Official Journal of the European Union | C 205/70 |
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29.6.2017

EN

Official Journal of the European Union

C 205/70

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Publication of an application pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs

(2017/C 205/14)

This publication confers the right to oppose the application pursuant to Article 51 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (1).

SINGLE DOCUMENT

‘KIEŁBASA PIASZCZAŃSKA’

EU No: PGI-PL-02154 – 15.7.2016

PDO ( ) PGI ( X )

1.   Name(s)

‘Kiełbasa piaszczańska’

2.   Member State or Third Country

Poland

3.   Description of the agricultural product or foodstuff

3.1.   Product type

Class 1.2. Meat products (cooked, salted, smoked, etc.)

3.2.   Description of the product to which the name in (1) applies

‘Kiełbasa piaszczańska’ is pork sausage which is semi-dry cured in a marinade of herb stock and rock salt, coarsely chopped with a firm consistency, and contained in protein casings.

Physical and chemical characteristics:

The surface of the sausage is light brown to dark red in colour. A cross-section reveals large pieces of meat of around 2 cm across, light or dark pink in colour. A lighter filling can be seen around the pieces of meat.

The individual sausages are 25-45 cm in length. They measure 35-50 mm in cross-section, depending on the casing.

Organoleptic characteristics:

The characteristic taste and smell of the herbs contained in the marinade and of the smoking process, with a pronounced juniper aftertaste.

3.3.   Feed (for products of animal origin only) and raw materials (for processed products only)

Pork obtained from pig half-carcasses with a lean-meat content of 55-60 % is used to produce ‘kiełbasa piaszczańska’. The use of sow or boar meat is not allowed. ‘Kiełbasa piaszczańska’ may not be produced from frozen meat. Meat for the production of ‘kiełbasa piaszczańska’ is obtained from hams and loins in the period 24-96 hours after slaughter.

Class I pork comprises 90 % of the total production weight; this is meat from hams and loins. It is processed to obtain meat that is free from tendons, fat and connective tissue.

Class II pork comprises 10 % of the total production weight; this is meat from trimmed hams and shank. It may contain fat up to 20 % of the total weight.

Herbs for the stock contained in the marinade:

| — | allspice, |
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allspice,

| — | bay leaves, |
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bay leaves,

| — | juniper berries, |
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juniper berries,

| — | cloves. |
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cloves.

Seasoning:

| — | ground black pepper, |
| --- | --- |

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ground black pepper,

| — | nutmeg. |
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nutmeg.

3.4.   Specific steps in production that must take place in the identified geographical area

The following steps in production must take place in the identified geographical area:

| — | preparation of raw materials for production, |
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preparation of raw materials for production,

| — | preparation of stock from herbs, |
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preparation of stock from herbs,

| — | preparation of meat for curing, |
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preparation of meat for curing,

| — | preparation of marinade, |
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preparation of marinade,

| — | semi-dry curing, |
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semi-dry curing,

| — | preparation of the filling; |
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preparation of the filling;

| — | mixing, |
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mixing,

| — | filling, |
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filling,

| — | drying, |
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drying,

| — | smoking and baking, |
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smoking and baking,

| — | chilling. |
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chilling.

3.5.   Specific rules concerning slicing, grating, packaging, etc. of the product the registered name refers to

‘Kiełbasa piaszczańska’ may be presented as loose sausages or vacuum-packed.

3.6.   Specific rules concerning labelling of the product the registered name refers to

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4.   Concise definition of the geographical area

Municipalities in Małopolskie Province: Wieliczka and Świątniki Górne, and the city of Kraków.

5.   Link with the geographical area

‘Kiełbasa piaszczańska’ derives its specificity from the product’s specific qualities and reputation.

The name ‘Kiełbasa piaszczańska’ is taken from the place of its production, Piaski Wielkie. Piaski Wielkie is the name of a former village just outside Kraków which since 1940 has been located within the administrative boundaries of that city. This and the surrounding localities gained renown for the production of meat and cured meats and, in particular, excellent sausages, which for centuries were delivered to Kraków, including the royal table in Wawel Castle. The inhabitants of these areas, who traded in animals and meat products, were known as Kijacy. Their history is described in depth by Franciszek Rusek, inhabitant of Piaski Wielkie, in his book ‘Dzieje kijaków piaszczańskich’ (‘History of the Kijacy of Piaski Wielkie’) (Kraków, 1996).

There are several versions of the origin of the name Kijacy. One of them refers to the fact that they always carried a stick (kij), which they needed to defend themselves against robbers and thieves on their way to Kraków. The sticks carried by the Kijacy also served as proof of the owner’s identity. From an early age each had his own ornamental mark, known to all others, and this was carved into his stick.

The geographical area defined in point 4 is characterised by hilly terrain. Given the geographical conditions, the local population mainly worked in the animal trade, as standard farming was not possible. They also produced processed meat products, including ‘kiełbasa piaszczańska’. It has been produced by the inhabitants of the villages near Kraków for centuries without interruption. From local records and information held by the Ethnographic Museum in Kraków, it is known that the taste of the sausage is owed to the knowledge of the natural environment in which people in the Czarny Las forest lived. In distant centuries, this was part of a larger forest extending from the periphery of the Krzemionki area near Kraków, through the Carpathians, right up to the border with Hungary. Today, a remnant of the forest can be found between Ochojno and Rajsko, and still bears its previous name Czarny Las. From time immemorial, meat was cured here using an infusion of several herbs, including juniper berries. Natural and readily available herbs and seasonings were used to complement the flavour, but also to offset the negative impact of animal fats on human health. Right up to the end of the nineteenth century, herb mixes were prepared and sold by Kijacy who were familiar with local plants. The use of the aforementioned herbal stock for the production of ‘kiełbasa piaszczańska’ is unique and distinguishes it from other sausages. In Poland, no seasoning is normally added to sausages other than salt, pepper and garlic.

The process of marinating the meat developed by local inhabitants, which distinguishes ‘kiełbasa piaszczańska’ from other sausages, took place in earthen cellars known as ziemianki. These provided consistently low temperatures and humidity. For centuries, the process of thoroughly chopping the meat was carried out on wide wooden blocks using heavy swords. Later, wide axes were used; manual meat mincers were only introduced at the beginning of the twentieth century. The meat mixture was manually stuffed into intestines using an ox horn, which in modern times was replaced by mechanical devices.

Smoking is an important step in the production of ‘kiełbasa piaszczańska’. The smoking of cured meat products initially took place in earthen pits, and later the cottages inhabited by the Kijacy had wide chimneys fitted with doors over the stove. By the nineteenth century, many locals had separate outdoor smokehouses. Smoking now takes place in smoking chambers in which heat and smoke is produced by burning wood from deciduous trees, namely beech, alder and oak. Smoke and heat rise from furnaces in the lower part of the chamber, smoking the sausages. The sausages, which are hung from poles, are smoked by the rising heat and smoke. An additional element in the smoking process specific to ‘kiełbasa piaszczańska’ is the moderate use of juniper branches or berries in the final phase. Producers of ‘kiełbasa piaszczańska’ were pioneers of this type of smoking. The exceptional flavour and unrivalled aroma of ‘kiełbasa piaszczańska’ are due to the particular combination of wood types used to smoke it. A well-smoked ‘kiełbasa piaszczańska’ has a shelf life of up to a month.

High-quality meat was selected to produce ‘kiełbasa piaszczańska’, and the product was even served at the royal table. Local legends confirm the link between ‘kiełbasa piaszczańska’ and the geographical area where it is produced, as well as its reputation. One became the subject of a literary work published in 1899 by the ethnographer Seweryn Udziela, founder of the Ethnographical Museum in Kraków and author of the book ‘Dwanaście legend i podań z pod Krakowa’ (‘Twelve legends and folks tales from the Kraków area’) (Lwów, 1899). According to the legend, in the reign of King Casimir the Great the inhabitants of Wielkie Piaski brought the sausage they produced to sell it in Kraków. However, the city’s butchers were envious, and tried to have the town council ban the villagers from bringing their meat to the city and selling it. The Kijacy appealed to the king, who promised to allow them to continue their trade if they could bring a 2-metre-long sausage into the city without the city guards noticing. The villagers had the idea to hollow out a long stick and hide the sausage inside. As a result, Casimir the Great gave permission to the villagers to continue to sell their sausage in Kraków, and from then on they were known as Kijacy. The name remains in use to this day.

From 1825, Kijacy sold their widely-known ‘kiełbasa piaszczańska’ at the ‘jatki dominikańskie’ market on Szczepanski Square, and later in their own shops. During the Second World War, and then in the period of the People’s Republic of Poland in the second half of the twentieth century, a centrally planned economic system operated in the country. As a result, it was not possible to uphold the traditions of the butchers and Kijacy, since there was no free market. In the last years of the twentieth century, the production of ‘kiełbasa piaszczańska’ was limited to private domestic consumption. However, the recipe and unique taste had been preserved unchanged, and the sausages returned to the commercial market.

‘Kiełbasa piaszczańska’, which has been known in Kraków and its surroundings for centuries, is now gaining wider popularity. The unique history of its production in areas connected with the ‘kijak method’, as recounted in numerous documents and studies and held in the memory of the inhabitants of Wielkie Piaski, contributes to the unique character of the product. It is therefore important to maintain the knowledge and skill involved in the manufacture of this sausage as a regional product, and ensure that they are passed on to future generations. Consumers’ appreciation of the taste of the legendary ‘kiełbasa piaszczańska’ has also been confirmed by the distinctions and awards won at food competitions and fairs:

| — | ‘Agro Polska’ award, Rzeszów, 4 June 2012. |
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‘Agro Polska’ award, Rzeszów, 4 June 2012.

| — | Addition of ‘kiełbasa piaszczańska’ to the Ministry of Agriculture and Rural Development’s List of Traditional Products, 3 June 2013. |
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Addition of ‘kiełbasa piaszczańska’ to the Ministry of Agriculture and Rural Development’s List of Traditional Products, 3 June 2013.

| — | Distinction in the ‘Małopolski Smak’ competition, 9 June 2013. |
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Distinction in the ‘Małopolski Smak’ competition, 9 June 2013.

| — | first prize in the ‘Nasze Kulinarne Dziedzictwo — Smaki Regionów’ competition in Nawojowa, 8 September 2013. |
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first prize in the ‘Nasze Kulinarne Dziedzictwo — Smaki Regionów’ competition in Nawojowa, 8 September 2013.

| — | ‘Smaki Regionów’ medal, Poznań, 22 September 2013. |
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‘Smaki Regionów’ medal, Poznań, 22 September 2013.

| — | Certificate of the ‘Jakość Tradycja’ national food quality scheme, 3 July 2014. |
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Certificate of the ‘Jakość Tradycja’ national food quality scheme, 3 July 2014.

Reference to publication of the specification

(the second subparagraph of Article 6(1) of this Regulation)

https://www.minrol.gov.pl/Jakosc-zywnosci/Produkty-regionalne-i-tradycyjne/Zlozone-wnioski-o-rejestracje-Produkty-regionalne-i-tradycyjne/OGLOSZENIE-MINISTRA-ROLNICTWA-I-ROZWOJU-WSI-z-dnia-18-maja-2016-roku

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(1)  OJ L 343, 14.12.2012, p. 1.

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