# Official Journal L 354/2013

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2013.354.eng |
| --- | --- |
| Official Journal
  of the European Union | L 354 |
| | |
| English edition | Legislation | Volume 5628 December 2013 |

ISSN 1977-0677

doi:10.3000/19770677.L_2013.354.eng

Official Journal

of the European Union

L 354

English edition

Legislation

Volume 5628 December 2013

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 | 1 |
| | * | Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC | 22 |
| | * | Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (
  1
  ) | 62 |
| | * | Regulation (EU) No 1382/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Justice Programme for the period 2014 to 2020 (
  1
  ) | 73 |
| | * | Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17 (
  2
  ) | 84 |
| | * | Regulation (EU) No 1384/2013 of the European Parliament and of the Council of 17 December 2013 amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova | 85 |
| | * | Council Regulation (EU) No 1385/2013 of 17 December 2013 amending Council Regulations (EC) No 850/98 and (EC) No 1224/2009, and Regulations (EC) No 1069/2009, (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, following the amendment of the status of Mayotte with regard to the European Union | 86 |
| | | DIRECTIVES |
| | * | Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (
  1
  ) | 90 |
| | * | Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (the IMI Regulation) (
  1
  ) | 132 |
| | | DECISIONS |
| | * | Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 Living well, within the limits of our planet (
  1
  ) | 171 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000

1

*

Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC

22

*

Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (
  1
  )

1

62

*

Regulation (EU) No 1382/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Justice Programme for the period 2014 to 2020 (
  1
  )

1

73

*

Regulation (EU) No 1383/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17 (
  2
  )

2

84

*

Regulation (EU) No 1384/2013 of the European Parliament and of the Council of 17 December 2013 amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova

85

*

Council Regulation (EU) No 1385/2013 of 17 December 2013 amending Council Regulations (EC) No 850/98 and (EC) No 1224/2009, and Regulations (EC) No 1069/2009, (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, following the amendment of the status of Mayotte with regard to the European Union

86

DIRECTIVES

*

Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (
  1
  )

1

90

*

Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013 amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (the IMI Regulation) (
  1
  )

1

132

DECISIONS

*

Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 Living well, within the limits of our planet (
  1
  )

1

171

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) No 1387/2013 of 17 December 2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products and repealing Regulation (EU) No 1344/2011 | 201 |
| | * | Council Regulation (EU) No 1388/2013 of 17 December 2013 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products, and repealing Regulation (EU) No 7/2010 | 319 |

II   Non-legislative acts

REGULATIONS

*

Council Regulation (EU) No 1387/2013 of 17 December 2013 suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products and repealing Regulation (EU) No 1344/2011

201

*

Council Regulation (EU) No 1388/2013 of 17 December 2013 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products, and repealing Regulation (EU) No 7/2010

319

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| --- | --- |
| | (1)   Text with EEA relevance |
| | (2)   Text with relevance for the EEA and for Switzerland |

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(1)   Text with EEA relevance

1

(2)   Text with relevance for the EEA and for Switzerland

2

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

EN

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

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

---

I Legislative acts

REGULATIONS

| 28.12.2013 | EN | Official Journal of the European Union | L 354/1 |
| --- | --- | --- | --- |

28.12.2013

EN

Official Journal of the European Union

L 354/1

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REGULATION (EU) No 1379/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 December 2013

on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 42 and 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The scope of the Common Fisheries Policy (CFP) extends to measures related to the markets for fishery and aquaculture products in the Union. The common organisation of the markets in fishery and aquaculture products (CMO) is an integral part of the CFP and should contribute to achieving its objectives. Since the CFP is being revised, the CMO should be adapted accordingly. |
| --- | --- |

(1)

The scope of the Common Fisheries Policy (CFP) extends to measures related to the markets for fishery and aquaculture products in the Union. The common organisation of the markets in fishery and aquaculture products (CMO) is an integral part of the CFP and should contribute to achieving its objectives. Since the CFP is being revised, the CMO should be adapted accordingly.

| (2) | Council Regulation (EC) No 104/2000 (4) needs to be revised in order to take account of shortcomings detected in the implementation of the provisions currently in force, recent developments in Union and world markets, and the evolution of fishing and aquaculture activities. |
| --- | --- |

(2)

Council Regulation (EC) No 104/2000 (4) needs to be revised in order to take account of shortcomings detected in the implementation of the provisions currently in force, recent developments in Union and world markets, and the evolution of fishing and aquaculture activities.

| (3) | Fishing plays a particularly important role in the economies of the Union's coastal regions, including the outermost regions. Given that it provides fishermen in those regions with their livelihood, steps should be taken to foster market stability and a closer correlation between supply and demand. |
| --- | --- |

(3)

Fishing plays a particularly important role in the economies of the Union's coastal regions, including the outermost regions. Given that it provides fishermen in those regions with their livelihood, steps should be taken to foster market stability and a closer correlation between supply and demand.

| (4) | The provisions of the CMO should be implemented in compliance with the international commitments of the Union, in particular with regard to those under the provisions of the World Trade Organisation. When trading in fishery and aquaculture products with third countries, the conditions for fair competition should be ensured, in particular through respect for sustainability and the application of social standards equivalent to those which apply to Union products. |
| --- | --- |

(4)

The provisions of the CMO should be implemented in compliance with the international commitments of the Union, in particular with regard to those under the provisions of the World Trade Organisation. When trading in fishery and aquaculture products with third countries, the conditions for fair competition should be ensured, in particular through respect for sustainability and the application of social standards equivalent to those which apply to Union products.

| (5) | It is important that the management of the CMO be guided by the principles of good governance of the CFP. |
| --- | --- |

(5)

It is important that the management of the CMO be guided by the principles of good governance of the CFP.

| (6) | In order for the CMO to be a success, it is essential that consumers are informed, through marketing and educational campaigns, of the value of eating fish and the wide variety of species available, as well as of the importance of understanding the information contained on labels. |
| --- | --- |

(6)

In order for the CMO to be a success, it is essential that consumers are informed, through marketing and educational campaigns, of the value of eating fish and the wide variety of species available, as well as of the importance of understanding the information contained on labels.

| (7) | Fishery producer organisations and aquaculture producer organisations ("producer organisations") are the key to achieving the objectives of the CFP and of the CMO. It is therefore necessary to enhance their responsibilities and to provide the necessary financial support to allow them to play a more meaningful role in the day-to-day management of fisheries, whilst respecting the framework defined by objectives of the CFP. It is also necessary to ensure that their members carry out fishing and aquaculture activities in a sustainable manner, improve the placing on the market of products, collect information on aquaculture and improve their incomes. When achieving those objectives, producer organisations should take into account the different conditions of the fishery and aquaculture sectors that prevail in the Union, including in the outermost regions, and in particular the special characteristics of small-scale fisheries and extensive aquaculture. It should be possible for competent national authorities to take responsibility for the implementation of those objectives, working closely with producer organisations on management issues, including, where appropriate, the allocation of quotas and the management of fishing effort, depending on the needs of each particular fishery. |
| --- | --- |

(7)

Fishery producer organisations and aquaculture producer organisations ("producer organisations") are the key to achieving the objectives of the CFP and of the CMO. It is therefore necessary to enhance their responsibilities and to provide the necessary financial support to allow them to play a more meaningful role in the day-to-day management of fisheries, whilst respecting the framework defined by objectives of the CFP. It is also necessary to ensure that their members carry out fishing and aquaculture activities in a sustainable manner, improve the placing on the market of products, collect information on aquaculture and improve their incomes. When achieving those objectives, producer organisations should take into account the different conditions of the fishery and aquaculture sectors that prevail in the Union, including in the outermost regions, and in particular the special characteristics of small-scale fisheries and extensive aquaculture. It should be possible for competent national authorities to take responsibility for the implementation of those objectives, working closely with producer organisations on management issues, including, where appropriate, the allocation of quotas and the management of fishing effort, depending on the needs of each particular fishery.

| (8) | Measures should be taken to encourage the appropriate and representative participation of small-scale producers. |
| --- | --- |

(8)

Measures should be taken to encourage the appropriate and representative participation of small-scale producers.

| (9) | In order to strengthen the competitiveness and viability of producer organisations, appropriate criteria for their establishment should be clearly defined. |
| --- | --- |

(9)

In order to strengthen the competitiveness and viability of producer organisations, appropriate criteria for their establishment should be clearly defined.

| (10) | Inter-branch organisations consisting of different categories of operators in the fishery and aquaculture sector have the potential to help improve the coordination of marketing activities along the supply chain and to develop measures of interest for the whole sector. |
| --- | --- |

(10)

Inter-branch organisations consisting of different categories of operators in the fishery and aquaculture sector have the potential to help improve the coordination of marketing activities along the supply chain and to develop measures of interest for the whole sector.

| (11) | It is appropriate to lay down common conditions for the recognition of producer organisations and inter-branch organisations by Member States, for the extension of the rules adopted by producer organisations and inter-branch organisations, and for the costs resulting from such extension to be shared. The extension of the rules should be subject to authorisation by the Commission. |
| --- | --- |

(11)

It is appropriate to lay down common conditions for the recognition of producer organisations and inter-branch organisations by Member States, for the extension of the rules adopted by producer organisations and inter-branch organisations, and for the costs resulting from such extension to be shared. The extension of the rules should be subject to authorisation by the Commission.

| (12) | As fish stocks are shared resources, their sustainable and efficient exploitation can, in certain instances, be better achieved by organisations composed of members from different Member States and different regions. Therefore, it is also necessary to encourage the possibility of setting up producer organisations and associations of producer organisations at national or transnational level based, where appropriate, on biogeographical regions. Such organisations should be partnerships that seek to lay down common and binding rules and to provide a level-playing field for all stakeholders that are engaged in the fishery. In setting up such organisations, it is necessary to ensure that they remain subject to the competition rules provided for in this Regulation and that the need to maintain the link between individual coastal communities and the fisheries and waters that they have historically exploited is respected. |
| --- | --- |

(12)

As fish stocks are shared resources, their sustainable and efficient exploitation can, in certain instances, be better achieved by organisations composed of members from different Member States and different regions. Therefore, it is also necessary to encourage the possibility of setting up producer organisations and associations of producer organisations at national or transnational level based, where appropriate, on biogeographical regions. Such organisations should be partnerships that seek to lay down common and binding rules and to provide a level-playing field for all stakeholders that are engaged in the fishery. In setting up such organisations, it is necessary to ensure that they remain subject to the competition rules provided for in this Regulation and that the need to maintain the link between individual coastal communities and the fisheries and waters that they have historically exploited is respected.

| (13) | The Commission should encourage supportive measures to foster the participation of women in aquaculture producer organisations. |
| --- | --- |

(13)

The Commission should encourage supportive measures to foster the participation of women in aquaculture producer organisations.

| (14) | In order to be able to steer their members towards sustainable fishery and aquaculture activities, producer organisations should prepare and submit to the competent authorities of their Member States a production and marketing plan containing the measures necessary for them to fulfil their objectives. |
| --- | --- |

(14)

In order to be able to steer their members towards sustainable fishery and aquaculture activities, producer organisations should prepare and submit to the competent authorities of their Member States a production and marketing plan containing the measures necessary for them to fulfil their objectives.

| (15) | In order to achieve the objectives of the CFP as regards discards, widespread use needs to be made of selective fishing gear that will prevent under-sized fish from being caught. |
| --- | --- |

(15)

In order to achieve the objectives of the CFP as regards discards, widespread use needs to be made of selective fishing gear that will prevent under-sized fish from being caught.

| (16) | The unpredictability of fishing activities makes it appropriate to set up a mechanism for storing fishery products for human consumption with a view to fostering greater market stability and increasing the return on products, in particular by creating added value. That mechanism should contribute to the stabilisation and convergence of local markets in the Union with a view to achieving the objectives of the internal market. |
| --- | --- |

(16)

The unpredictability of fishing activities makes it appropriate to set up a mechanism for storing fishery products for human consumption with a view to fostering greater market stability and increasing the return on products, in particular by creating added value. That mechanism should contribute to the stabilisation and convergence of local markets in the Union with a view to achieving the objectives of the internal market.

| (17) | In order to take account of the diversity of prices throughout the Union, each fishery producer organisation should be entitled to make a proposal for a price to trigger the storage mechanism. That trigger price should be set in such a way that fair competition between operators is maintained. |
| --- | --- |

(17)

In order to take account of the diversity of prices throughout the Union, each fishery producer organisation should be entitled to make a proposal for a price to trigger the storage mechanism. That trigger price should be set in such a way that fair competition between operators is maintained.

| (18) | The establishment and application of common marketing standards should enable the market to be supplied with sustainable products and the full potential of the internal market in fishery and aquaculture products to be realised, and should facilitate marketing activities based on fair competition, thereby helping to improve the profitability of production. To that end, the existing marketing standards should continue to apply. |
| --- | --- |

(18)

The establishment and application of common marketing standards should enable the market to be supplied with sustainable products and the full potential of the internal market in fishery and aquaculture products to be realised, and should facilitate marketing activities based on fair competition, thereby helping to improve the profitability of production. To that end, the existing marketing standards should continue to apply.

| (19) | It is necessary to ensure that imported products entering the Union market comply with the same requirements and marketing standards that Union producers have to comply with. |
| --- | --- |

(19)

It is necessary to ensure that imported products entering the Union market comply with the same requirements and marketing standards that Union producers have to comply with.

| (20) | In order to guarantee a high level of protection of human health, fishery and aquaculture products placed on the Union market, regardless of their origin, should comply with applicable rules on food safety and hygiene. |
| --- | --- |

(20)

In order to guarantee a high level of protection of human health, fishery and aquaculture products placed on the Union market, regardless of their origin, should comply with applicable rules on food safety and hygiene.

| (21) | In order to enable consumers to make informed choices, it is necessary for them to be provided with clear and comprehensive information on, inter alia, the origin and the method of production of the products. |
| --- | --- |

(21)

In order to enable consumers to make informed choices, it is necessary for them to be provided with clear and comprehensive information on, inter alia, the origin and the method of production of the products.

| (22) | The use of an eco-label for fishery and aquaculture products, whether or not they originate from inside or outside the Union, offers the possibility of providing clear information on the ecological sustainability of such products. It is therefore necessary for the Commission to examine the possibility of developing and establishing minimum criteria for the development of a Union-wide eco-label for fishery and aquaculture products. |
| --- | --- |

(22)

The use of an eco-label for fishery and aquaculture products, whether or not they originate from inside or outside the Union, offers the possibility of providing clear information on the ecological sustainability of such products. It is therefore necessary for the Commission to examine the possibility of developing and establishing minimum criteria for the development of a Union-wide eco-label for fishery and aquaculture products.

| (23) | For the purpose of consumer protection, competent national authorities responsible for monitoring and enforcing the fulfilment of the obligations laid down in this Regulation should make full use of available technology, including DNA-testing, in order to deter operators from falsely labelling catches. |
| --- | --- |

(23)

For the purpose of consumer protection, competent national authorities responsible for monitoring and enforcing the fulfilment of the obligations laid down in this Regulation should make full use of available technology, including DNA-testing, in order to deter operators from falsely labelling catches.

| (24) | The rules on competition relating to agreements, decisions and practices referred to in Article 101 of the Treaty on the Functioning of the European Union (TFEU) should apply to the production or marketing of fishery and aquaculture products, in so far as their application does not impede the functioning of the CMO or jeopardise the achievement of the objectives laid down in Article 39 TFEU. |
| --- | --- |

(24)

The rules on competition relating to agreements, decisions and practices referred to in Article 101 of the Treaty on the Functioning of the European Union (TFEU) should apply to the production or marketing of fishery and aquaculture products, in so far as their application does not impede the functioning of the CMO or jeopardise the achievement of the objectives laid down in Article 39 TFEU.

| (25) | It is appropriate to lay down competition rules applicable to the production and marketing of fishery and aquaculture products, taking into account the specific characteristics of the fishery and aquaculture sector, including fragmentation of the sector, the fact that fish are a shared resource and the large extent of imports, which should be subject to the same rules as Union fishery and aquaculture products. In the interests of simplification, the relevant provisions of Council Regulation (EC) No 1184/2006 (5) should be incorporated into this Regulation. Regulation (EC) No 1184/2006 should, therefore, no longer be applicable to fishery and aquaculture products. |
| --- | --- |

(25)

It is appropriate to lay down competition rules applicable to the production and marketing of fishery and aquaculture products, taking into account the specific characteristics of the fishery and aquaculture sector, including fragmentation of the sector, the fact that fish are a shared resource and the large extent of imports, which should be subject to the same rules as Union fishery and aquaculture products. In the interests of simplification, the relevant provisions of Council Regulation (EC) No 1184/2006 (5) should be incorporated into this Regulation. Regulation (EC) No 1184/2006 should, therefore, no longer be applicable to fishery and aquaculture products.

| (26) | It is necessary to improve the gathering, processing and disseminating of economic information on the markets in fishery and aquaculture products in the Union. |
| --- | --- |

(26)

It is necessary to improve the gathering, processing and disseminating of economic information on the markets in fishery and aquaculture products in the Union.

| (27) | In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of: the time–limits, procedures and form of applications for the recognition of producer and inter-branch organisations and for the withdrawal of such recognition; the formats, time–limits and procedures of the Member States for communicating decisions to grant or withdraw recognition; the format and the procedure of the notification by the Member States of rules binding on all producers or operators; the format and structure of the production and marketing plans, as well as the procedure and the time–limits for submission and approval of them; the format of publication by the Member States of the trigger prices, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6). |
| --- | --- |

(27)

In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of: the time–limits, procedures and form of applications for the recognition of producer and inter-branch organisations and for the withdrawal of such recognition; the formats, time–limits and procedures of the Member States for communicating decisions to grant or withdraw recognition; the format and the procedure of the notification by the Member States of rules binding on all producers or operators; the format and structure of the production and marketing plans, as well as the procedure and the time–limits for submission and approval of them; the format of publication by the Member States of the trigger prices, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6).

| (28) | Regulation (EC) No 104/2000 should be repealed. However, in order to ensure continuity in the provision of consumer information, Article 4 thereof should continue to apply until 12 December 2014. |
| --- | --- |

(28)

Regulation (EC) No 104/2000 should be repealed. However, in order to ensure continuity in the provision of consumer information, Article 4 thereof should continue to apply until 12 December 2014.

| (29) | Since the objective of this Regulation, namely the establishment of the common organisation of the markets in fishery and aquaculture products, cannot be sufficiently achieved by the Member States due to the common nature of the market in fishery and aquaculture products and can therefore, by reason of its scale and effects and the need for common action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective. |
| --- | --- |

(29)

Since the objective of this Regulation, namely the establishment of the common organisation of the markets in fishery and aquaculture products, cannot be sufficiently achieved by the Member States due to the common nature of the market in fishery and aquaculture products and can therefore, by reason of its scale and effects and the need for common action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve this objective.

| (30) | Regulations (EC) No 1184/2006 and (EC) No 1224/2009 should therefore be amended accordingly, |
| --- | --- |

(30)

Regulations (EC) No 1184/2006 and (EC) No 1224/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.   A common organisation of the markets in fishery and aquaculture products (CMO) is hereby established.

2.   The CMO shall be comprised of the following elements:

| (a) | professional organisations; |
| --- | --- |

(a)

professional organisations;

| (b) | marketing standards; |
| --- | --- |

(b)

marketing standards;

| (c) | consumer information; |
| --- | --- |

(c)

consumer information;

| (d) | competition rules; |
| --- | --- |

(d)

competition rules;

| (e) | market intelligence. |
| --- | --- |

(e)

market intelligence.

3.   The CMO shall be supplemented, as regards external aspects, by Council Regulation (EU) No 1220/2012 (7) and by Regulation (EU) No 1026/2012 of the European Parliament and of the Council (8).

4.   Implementation of the CMO shall be eligible to receive Union financial support in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 2

Scope

The CMO shall apply to the fishery and aquaculture products listed in Annex I to this Regulation, which are marketed in the Union.

Article 3

Objectives

The objectives of the CMO are those laid down in Article 35 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (9).

9

Article 4

Principles

The CMO shall be guided by the principles of good governance laid down in Article 3 of Regulation (EU) No 1380/2013.

Article 5

Definitions

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013, as well as those referred to in Article 4 of Council Regulation (EC) No 1224/2009 (10), in Article 2 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (11), in Articles 2 and 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (12), and in Article 3 of Regulation (EC) No 1333/2008 of the European Parliament and of the Council (13), shall apply. The following definitions shall also apply:

10

11

12

13

| (a) | 'fishery products' mean aquatic organisms resulting from any fishing activity or products derived therefrom, as listed in Annex I; |
| --- | --- |

(a)

'fishery products' mean aquatic organisms resulting from any fishing activity or products derived therefrom, as listed in Annex I;

| (b) | 'aquaculture products' mean aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom, as listed in Annex I; |
| --- | --- |

(b)

'aquaculture products' mean aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom, as listed in Annex I;

| (c) | 'producer' means any natural or legal person using means of production to obtain fishery or aquaculture products with a view to placing them on the market; |
| --- | --- |

(c)

'producer' means any natural or legal person using means of production to obtain fishery or aquaculture products with a view to placing them on the market;

| (d) | 'fishery and aquaculture sector' means the sector of the economy which comprises all activities of production, processing and marketing of fishery or aquaculture products; |
| --- | --- |

(d)

'fishery and aquaculture sector' means the sector of the economy which comprises all activities of production, processing and marketing of fishery or aquaculture products;

| (e) | 'making available on the market' means any supply of a fishery or aquaculture product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; |
| --- | --- |

(e)

'making available on the market' means any supply of a fishery or aquaculture product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

| (f) | 'placing on the market' means the first making available of a fishery or aquaculture product on the Union market; |
| --- | --- |

(f)

'placing on the market' means the first making available of a fishery or aquaculture product on the Union market;

| (g) | 'retail' means the handling and/or processing of food and its storage at the point of sale or delivery to the final consumer, including distribution terminals, catering operations, factory canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets; |
| --- | --- |

(g)

'retail' means the handling and/or processing of food and its storage at the point of sale or delivery to the final consumer, including distribution terminals, catering operations, factory canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets;

| (h) | 'prepacked fishery and aquaculture products' mean fishery and aquaculture products which are 'prepacked food' as referred to in point (e) of Article 2(2) of Regulation (EC) No 1169/2011. |
| --- | --- |

(h)

'prepacked fishery and aquaculture products' mean fishery and aquaculture products which are 'prepacked food' as referred to in point (e) of Article 2(2) of Regulation (EC) No 1169/2011.

CHAPTER II

PROFESSIONAL ORGANISATIONS

SECTION I

Establishment, objectives and measures

Article 6

Establishment of fishery producer organisations and aquaculture producer organisations

1.   Fishery producer organisations and aquaculture producer organisations ("producer organisations") may be established on the initiative of producers of fishery or aquaculture products in one or more Member States and recognised in accordance with Section II.

2.   Where relevant, the specific situation of small-scale producers shall be taken into account when establishing producer organisations.

3.   A producer organisation that is representative of both fishery and aquaculture activities may be established as a joint fishery and aquaculture producer organisation.

Article 7

Objectives of producer organisations

1.   Fishery producer organisations shall pursue the following objectives:

| (a) | promoting the viable and sustainable fishing activities of their members in full compliance with the conservation policy, as laid down, in particular, in Regulation (EU) No 1380/2013 and in environmental law, while respecting social policy and, where the Member State concerned so provides, participating in the management of marine biological resources; |
| --- | --- |

(a)

promoting the viable and sustainable fishing activities of their members in full compliance with the conservation policy, as laid down, in particular, in Regulation (EU) No 1380/2013 and in environmental law, while respecting social policy and, where the Member State concerned so provides, participating in the management of marine biological resources;

| (b) | avoiding and reducing as far as possible unwanted catches of commercial stocks and, where necessary, making the best use of such catches, without creating a market for those that are below the minimum conservation reference size, in accordance with Article 15 of Regulation (EU) No 1380/2013; |
| --- | --- |

(b)

avoiding and reducing as far as possible unwanted catches of commercial stocks and, where necessary, making the best use of such catches, without creating a market for those that are below the minimum conservation reference size, in accordance with Article 15 of Regulation (EU) No 1380/2013;

| (c) | contributing to the traceability of fishery products and access to clear and comprehensive information for consumers; |
| --- | --- |

(c)

contributing to the traceability of fishery products and access to clear and comprehensive information for consumers;

| (d) | contributing to the elimination of illegal, unreported and unregulated fishing. |
| --- | --- |

(d)

contributing to the elimination of illegal, unreported and unregulated fishing.

2.   Aquaculture producer organisations shall pursue the following objectives:

| (a) | promoting the sustainable aquaculture activities of their members through providing opportunities for their development in full compliance with, in particular, Regulation (EU) No 1380/2013 and with environmental law, while respecting social policy; |
| --- | --- |

(a)

promoting the sustainable aquaculture activities of their members through providing opportunities for their development in full compliance with, in particular, Regulation (EU) No 1380/2013 and with environmental law, while respecting social policy;

| (b) | ascertaining that the activities of their members are consistent with the national strategic plans referred to in Article 34 of Regulation (EU) No 1380/2013; |
| --- | --- |

(b)

ascertaining that the activities of their members are consistent with the national strategic plans referred to in Article 34 of Regulation (EU) No 1380/2013;

| (c) | endeavouring to ensure that aquaculture feed products of fishery origin come from fisheries that are sustainably managed. |
| --- | --- |

(c)

endeavouring to ensure that aquaculture feed products of fishery origin come from fisheries that are sustainably managed.

3.   Producer organisations shall, in addition to the objectives laid down in paragraphs 1 and 2, pursue two or more of the following objectives:

| (a) | improving the conditions for the placing on the market of their members' fishery and aquaculture products; |
| --- | --- |

(a)

improving the conditions for the placing on the market of their members' fishery and aquaculture products;

| (b) | improving economic returns; |
| --- | --- |

(b)

improving economic returns;

| (c) | stabilising the markets; |
| --- | --- |

(c)

stabilising the markets;

| (d) | contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas; |
| --- | --- |

(d)

contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas;

| (e) | reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears. |
| --- | --- |

(e)

reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears.

4.   Producer organisations may pursue other complementary objectives.

Article 8

Measures deployable by producer organisations

1.   In order to achieve the objectives set out in Article 7, producer organisations may, inter alia, make use of the following measures:

| (a) | adjusting production to market requirements; |
| --- | --- |

(a)

adjusting production to market requirements;

| (b) | channelling the supply and marketing of their members' products; |
| --- | --- |

(b)

channelling the supply and marketing of their members' products;

| (c) | promoting the Union fishery and aquaculture products of their members in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits; |
| --- | --- |

(c)

promoting the Union fishery and aquaculture products of their members in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;

| (d) | controlling and taking measures to ensure that their members' activities comply with the rules established by the producer organisation concerned; |
| --- | --- |

(d)

controlling and taking measures to ensure that their members' activities comply with the rules established by the producer organisation concerned;

| (e) | promoting vocational training and cooperation programmes to encourage young people to enter the sector; |
| --- | --- |

(e)

promoting vocational training and cooperation programmes to encourage young people to enter the sector;

| (f) | reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears; |
| --- | --- |

(f)

reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears;

| (g) | promoting the use of information and communication technology to improve marketing and prices; |
| --- | --- |

(g)

promoting the use of information and communication technology to improve marketing and prices;

| (h) | facilitating consumer access to information on fishery and aquaculture products. |
| --- | --- |

(h)

facilitating consumer access to information on fishery and aquaculture products.

2.   Fishery producer organisations may also make use of the following measures:

| (a) | collectively planning and managing the fishing activities of their members, subject to the organisation, by Member States, of the management of marine biological resources, including developing and implementing measures to improve the selectivity of fishing activities and advising competent authorities; |
| --- | --- |

(a)

collectively planning and managing the fishing activities of their members, subject to the organisation, by Member States, of the management of marine biological resources, including developing and implementing measures to improve the selectivity of fishing activities and advising competent authorities;

| (b) | avoiding and minimising unwanted catches through involvement in the development and application of technical measures, and making the best use of unwanted catches of commercial stocks without creating a market for those catches that are below the minimum conservation reference size, in accordance with Article 15(11) of Regulation (EU) No 1380/2013 and Article 34(2) of this Regulation, as appropriate; |
| --- | --- |

(b)

avoiding and minimising unwanted catches through involvement in the development and application of technical measures, and making the best use of unwanted catches of commercial stocks without creating a market for those catches that are below the minimum conservation reference size, in accordance with Article 15(11) of Regulation (EU) No 1380/2013 and Article 34(2) of this Regulation, as appropriate;

| (c) | managing temporary storage for fishery products in accordance with Articles 30 and 31 of this Regulation. |
| --- | --- |

(c)

managing temporary storage for fishery products in accordance with Articles 30 and 31 of this Regulation.

3.   Aquaculture producer organisations may also make use of the following measures:

| (a) | promoting sustainable aquaculture activities, notably in terms of environmental protection, animal health and animal welfare; |
| --- | --- |

(a)

promoting sustainable aquaculture activities, notably in terms of environmental protection, animal health and animal welfare;

| (b) | collecting information on the marketed products, including economic information on first sales, and on production forecasts; |
| --- | --- |

(b)

collecting information on the marketed products, including economic information on first sales, and on production forecasts;

| (c) | collecting environmental information; |
| --- | --- |

(c)

collecting environmental information;

| (d) | planning the management of the aquaculture activities of their members; |
| --- | --- |

(d)

planning the management of the aquaculture activities of their members;

| (e) | supporting programmes for professionals to promote sustainable aquaculture products. |
| --- | --- |

(e)

supporting programmes for professionals to promote sustainable aquaculture products.

Article 9

Establishment of associations of producer organisations

1.   An association of producer organisations may be established at the initiative of producer organisations recognised in one or more Member States.

2.   The provisions of this Regulation applicable to producer organisations shall also apply to associations of producer organisations unless stated otherwise.

Article 10

Objectives of associations of producer organisations

1.   Associations of producer organisations shall pursue the following objectives:

| (a) | performing in a more efficient and sustainable manner any of the objectives of the member producer organisations laid down in Article 7; |
| --- | --- |

(a)

performing in a more efficient and sustainable manner any of the objectives of the member producer organisations laid down in Article 7;

| (b) | coordinating and developing activities of common interest for the member producer organisations. |
| --- | --- |

(b)

coordinating and developing activities of common interest for the member producer organisations.

2.   Associations of producer organisations shall be eligible for financial support in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 11

Establishment of inter-branch organisations

Inter-branch organisations may be established at the initiative of operators of fishery and aquaculture products in one or more Member States and recognised in accordance with Section II.

Article 12

Objectives of inter-branch organisations

Inter-branch organisations shall improve the coordination of, and the conditions for, making fishery and aquaculture products available on the Union market.

Article 13

Measures deployable by inter-branch organisations

In order to achieve the objectives referred to in Article 12, inter-branch organisations may make use of the following measures:

| (a) | drawing up standard contracts which are compatible with Union legislation; |
| --- | --- |

(a)

drawing up standard contracts which are compatible with Union legislation;

| (b) | promoting Union fishery and aquaculture products in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits; |
| --- | --- |

(b)

promoting Union fishery and aquaculture products in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;

| (c) | laying down rules on the production and marketing of fishery and aquaculture products which are stricter than those laid down in Union or national legislation; |
| --- | --- |

(c)

laying down rules on the production and marketing of fishery and aquaculture products which are stricter than those laid down in Union or national legislation;

| (d) | improving quality, knowledge of, and the transparency of, production and the market, as well as carrying out professional and vocational training activities, for example, on quality and traceability matters, on food safety and in order to encourage research initiatives; |
| --- | --- |

(d)

improving quality, knowledge of, and the transparency of, production and the market, as well as carrying out professional and vocational training activities, for example, on quality and traceability matters, on food safety and in order to encourage research initiatives;

| (e) | performing research and market studies, and developing techniques to optimise the operation of the market, including through the use of information and communication technology, as well as collecting socio-economic data; |
| --- | --- |

(e)

performing research and market studies, and developing techniques to optimise the operation of the market, including through the use of information and communication technology, as well as collecting socio-economic data;

| (f) | providing the information and carrying out the research needed to deliver sustainable supplies at the quantity, quality and price corresponding to market requirements and consumer expectations; |
| --- | --- |

(f)

providing the information and carrying out the research needed to deliver sustainable supplies at the quantity, quality and price corresponding to market requirements and consumer expectations;

| (g) | promoting, among consumers, species obtained from fish stocks that are in a sustainable state, that have appreciable nutritional value and that are not widely consumed; |
| --- | --- |

(g)

promoting, among consumers, species obtained from fish stocks that are in a sustainable state, that have appreciable nutritional value and that are not widely consumed;

| (h) | controlling and taking measures for compliance of their members' activities with the rules established by the inter-branch organisation concerned. |
| --- | --- |

(h)

controlling and taking measures for compliance of their members' activities with the rules established by the inter-branch organisation concerned.

SECTION II

Recognition

Article 14

Recognition of producer organisations

1.   Member States may recognise as producer organisations all groups set up on the initiative of fishery or aquaculture producers which apply for such recognition, provided that they:

| (a) | comply with the principles set out in Article 17 and with the rules adopted for their application; |
| --- | --- |

(a)

comply with the principles set out in Article 17 and with the rules adopted for their application;

| (b) | are sufficiently economically active in the territory of the Member State concerned or a part thereof, in particular as regards the number of members or the volume of marketable production; |
| --- | --- |

(b)

are sufficiently economically active in the territory of the Member State concerned or a part thereof, in particular as regards the number of members or the volume of marketable production;

| (c) | have legal personality under the national law of the Member State concerned, are established there and have their official headquarters in its territory; |
| --- | --- |

(c)

have legal personality under the national law of the Member State concerned, are established there and have their official headquarters in its territory;

| (d) | are capable of pursuing the objectives laid down in Article 7; |
| --- | --- |

(d)

are capable of pursuing the objectives laid down in Article 7;

| (e) | comply with the competition rules referred to in Chapter V; |
| --- | --- |

(e)

comply with the competition rules referred to in Chapter V;

| (f) | do not abuse a dominant position on a given market; and |
| --- | --- |

(f)

do not abuse a dominant position on a given market; and

| (g) | provide relevant details of their membership, governance and sources of funding. |
| --- | --- |

(g)

provide relevant details of their membership, governance and sources of funding.

2.   Producer organisations recognised before 29 December 2013 shall be considered to be producer organisations for the purposes of this Regulation, and to be bound by its provisions.

Article 15

Financial support to producer organisations or associations of producer organisations

Marketing measures for fishery and aquaculture products which aim to create or restructure producer organisations or associations of producer organisations may be financially supported in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 16

Recognition of inter-branch organisations

1.   Member States may recognise as inter-branch organisations the groups of operators established on their territory which apply for such recognition, provided that they:

| (a) | comply with the principles set out in Article 17 and with the rules adopted for their application; |
| --- | --- |

(a)

comply with the principles set out in Article 17 and with the rules adopted for their application;

| (b) | represent a significant share of production activity and of either processing or marketing activities or of both, concerning fishery and aquaculture products or products processed from fishery and aquaculture products; |
| --- | --- |

(b)

represent a significant share of production activity and of either processing or marketing activities or of both, concerning fishery and aquaculture products or products processed from fishery and aquaculture products;

| (c) | are not themselves engaged in the production, processing or marketing of fishery and aquaculture products or products processed from fishery and aquaculture products; |
| --- | --- |

(c)

are not themselves engaged in the production, processing or marketing of fishery and aquaculture products or products processed from fishery and aquaculture products;

| (d) | have legal personality under the national law of a Member State, are established there and have their official headquarters in its territory; |
| --- | --- |

(d)

have legal personality under the national law of a Member State, are established there and have their official headquarters in its territory;

| (e) | are capable of pursuing the objectives laid down in Article 12; |
| --- | --- |

(e)

are capable of pursuing the objectives laid down in Article 12;

| (f) | take into account the interest of consumers; |
| --- | --- |

(f)

take into account the interest of consumers;

| (g) | do not hinder the sound operation of the CMO; and |
| --- | --- |

(g)

do not hinder the sound operation of the CMO; and

| (h) | comply with the competition rules referred to in Chapter V. |
| --- | --- |

(h)

comply with the competition rules referred to in Chapter V.

2.   Organisations established before 29 December 2013 may be recognised as inter-branch organisations for the purposes of this Regulation provided that the Member State concerned is satisfied that they comply with the provisions of this Regulation regarding inter-branch organisations.

3.   Inter-branch organisations recognised before 29 décembre 2013 shall be considered to be inter-branch organisations for the purposes of this Regulation and to be bound by its provisions.

Article 17

Internal functioning of producer organisations and inter-branch organisations

The internal functioning of producer organisations and inter-branch organisations referred to in Articles 14 and 16 shall be based on the following principles:

| (a) | compliance by its members with the rules adopted by the organisation in terms of fisheries exploitation, production and marketing; |
| --- | --- |

(a)

compliance by its members with the rules adopted by the organisation in terms of fisheries exploitation, production and marketing;

| (b) | non-discrimination among members, particularly on grounds of nationality or place of establishment; |
| --- | --- |

(b)

non-discrimination among members, particularly on grounds of nationality or place of establishment;

| (c) | the levying of a financial contribution from its members in order to finance the organisation; |
| --- | --- |

(c)

the levying of a financial contribution from its members in order to finance the organisation;

| (d) | a democratic functioning that enables the members to scrutinise their organisation and its decisions; |
| --- | --- |

(d)

a democratic functioning that enables the members to scrutinise their organisation and its decisions;

| (e) | the imposition of effective, dissuasive and proportionate penalties for infringement of obligations laid down in the internal rules of the organisation concerned, particularly in the case of –non payment of financial contributions; |
| --- | --- |

(e)

the imposition of effective, dissuasive and proportionate penalties for infringement of obligations laid down in the internal rules of the organisation concerned, particularly in the case of –non payment of financial contributions;

| (f) | the definition of rules on the admission of new members and the withdrawal of membership; |
| --- | --- |

(f)

the definition of rules on the admission of new members and the withdrawal of membership;

| (g) | the definition of the accounting and budgetary rules necessary for the management of the organisation. |
| --- | --- |

(g)

the definition of the accounting and budgetary rules necessary for the management of the organisation.

Article 18

Checks and withdrawal of recognition by Member States

1.   Member States shall carry out checks at regular intervals to verify that producer organisations and inter-branch organisations comply with the conditions for recognition laid down in Articles 14 and 16 respectively. A finding of non-compliance may result in the withdrawal of recognition.

2.   The Member State hosting the official headquarters of a producer organisation or an inter-branch organisation which has members from different Member States, or of an association of producer organisations recognised in different Member States, shall set up the administrative cooperation needed to carry out checks on the activities of the organisation or the association concerned in collaboration with the other Member States concerned.

Article 19

Allocation of fishing opportunities

When performing its tasks, a producer organisation whose members are nationals of different Member States or an association of producer organisations recognised in different Member States shall comply with the provisions governing the allocation of fishing opportunities among Member States in accordance with Article 16 of Regulation (EU) No 1380/2013.

Article 20

Checks by the Commission

1.   In order to ensure that the conditions for recognition of producer organisations or inter-branch organisations laid down in Articles 14 and 16 respectively are complied with, the Commission may carry out checks and shall, where appropriate, request that Member States withdraw the recognition of producer organisations or inter-branch organisations.

2.   Member States shall communicate to the Commission by electronic means any decision to grant or withdraw the recognition. The Commission shall make all such information publically available.

Article 21

Implementing acts

1.   The Commission shall adopt implementing acts concerning:

| (a) | the time-limits and procedures and the form of applications for the recognition of producer organisations and inter-branch organisations pursuant to Articles 14 and 16 respectively, or for the withdrawal of such recognition pursuant to Article 18; |
| --- | --- |

(a)

the time-limits and procedures and the form of applications for the recognition of producer organisations and inter-branch organisations pursuant to Articles 14 and 16 respectively, or for the withdrawal of such recognition pursuant to Article 18;

| (b) | the format, time-limits and procedures to be applied by Member States for the communication to the Commission of any decision to grant or withdraw the recognition pursuant to Article 20(2). |
| --- | --- |

(b)

the format, time-limits and procedures to be applied by Member States for the communication to the Commission of any decision to grant or withdraw the recognition pursuant to Article 20(2).

The implementing acts adopted under point (a) shall, where appropriate, be adapted to the special characteristics of small–scale fisheries and aquaculture.

2.   The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 43(2).

SECTION III

Extension of rules

Article 22

Extension of rules of producer organisations

1.   A Member State may make the rules agreed within a producer organisation binding on producers who are not members of the organisation and who market any of the products within the area in which the producer organisation is representative, provided that:

| (a) | the producer organisation has been established for a period of at least one year and is considered to be representative of production and marketing, including, where relevant, the small–scale and artisanal sector, in one Member State and makes an application to the competent national authorities; |
| --- | --- |

(a)

the producer organisation has been established for a period of at least one year and is considered to be representative of production and marketing, including, where relevant, the small–scale and artisanal sector, in one Member State and makes an application to the competent national authorities;

| (b) | the rules to be extended concern any of the measures for producer organisations laid down in points (a), (b) and (c) of Article 8(1), points (a) and (b) of Article 8(2) and points (a) to (e) of Article 8(3); |
| --- | --- |

(b)

the rules to be extended concern any of the measures for producer organisations laid down in points (a), (b) and (c) of Article 8(1), points (a) and (b) of Article 8(2) and points (a) to (e) of Article 8(3);

| (c) | the competition rules referred to in Chapter V are complied with. |
| --- | --- |

(c)

the competition rules referred to in Chapter V are complied with.

2.   For the purposes of point (a) of paragraph 1, a fishery producer organisation is considered to be representative where it accounts for at least 55 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules.

3.   For the purposes of point (a) of paragraph 1, an aquaculture producer organisation is considered to be representative where it accounts for at least 40 % of the quantities marketed of the relevant product during the previous year in the area in which it is proposed to extend the rules.

4.   The rules to be extended to non-members shall apply for a period of between 60 days and 12 months.

Article 23

Extension of the rules of inter-branch organisations

1.   A Member State may make some of the agreements, decisions or concerted practices agreed on within an inter-branch organisation binding in the specific area or areas on other operators who do not belong to that organisation, provided that:

| (a) | the inter-branch organisation covers at least 65 % of each of at least two of the following activities: production, processing or marketing of the relevant product during the previous year in the area or areas concerned of a Member State, and makes an application to the competent national authorities; and |
| --- | --- |

(a)

the inter-branch organisation covers at least 65 % of each of at least two of the following activities: production, processing or marketing of the relevant product during the previous year in the area or areas concerned of a Member State, and makes an application to the competent national authorities; and

| (b) | the rules to be extended to other operators concern any of the measures for inter-branch organisations laid down in points (a) to (g) of Article 13 and do not cause any damage to other operators in the Member State concerned or the Union. |
| --- | --- |

(b)

the rules to be extended to other operators concern any of the measures for inter-branch organisations laid down in points (a) to (g) of Article 13 and do not cause any damage to other operators in the Member State concerned or the Union.

2.   The extension of rules may be made binding for no more than three years, without prejudice to Article 25(4).

Article 24

Liability

When rules are extended to non-members in accordance with Articles 22 and 23, the Member State concerned may decide that non-members are liable to the producer organisation or the inter-branch organisation for the equivalent of all or part of the costs paid by members as a result of the application of the rules that have been extended to non-members.

Article 25

Authorisation by the Commission

1.   Member States shall notify the Commission of the rules which they intend to make binding on all producers or operators in the specific area or areas pursuant to Articles 22 and 23.

2.   The Commission shall adopt a decision authorising the extension of the rules referred to in paragraph 1, provided that:

| (a) | the provisions of Articles 22 and 23 are complied with; |
| --- | --- |

(a)

the provisions of Articles 22 and 23 are complied with;

| (b) | the competition rules referred to in Chapter V are complied with; |
| --- | --- |

(b)

the competition rules referred to in Chapter V are complied with;

| (c) | the extension does not jeopardise free trade; and |
| --- | --- |

(c)

the extension does not jeopardise free trade; and

| (d) | the achievement of the objectives of Article 39 TFEU is not endangered. |
| --- | --- |

(d)

the achievement of the objectives of Article 39 TFEU is not endangered.

3.   Within one month of receipt of the notification, the Commission shall take a decision authorising or refusing to authorise the extension of rules and shall inform the Member States thereof. Where the Commission has not taken a decision within one month of receipt of the notification, the extension of rules shall be deemed to have been authorised by the Commission.

4.   An authorised extension of rules may continue to apply after the expiry of the initial period of time, including by tacit agreement, without an explicit renewal of the authorisation, provided that the Member State concerned has notified the Commission, at least one month before the expiry of such initial period, of the additional period of application and the Commission has either authorised such further application, or not objected to it within one month of receipt of such notification.

Article 26

Withdrawal of authorisation

The Commission may carry out checks and may withdraw the authorisation of extension of rules where it establishes that any of the requirements for the authorisation is not met. The Commission shall inform the Member States of such withdrawal.

Article 27

Implementing acts

The Commission shall adopt implementing acts concerning the format and procedure of the notification provided for in Article 25(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).

SECTION IV

Production and marketing planning

Article 28

Production and marketing plan

1.   Each producer organisation shall submit a production and marketing plan for, at least, its main marketed species to its competent national authorities for approval. Such production and marketing plans shall have the aim of achieving the objectives laid down in Articles 3 and 7.

2.   The production and marketing plan shall comprise:

| (a) | a production programme for caught or farmed species; |
| --- | --- |

(a)

a production programme for caught or farmed species;

| (b) | a marketing strategy to match the quantity, quality and presentation of supply to market requirements; |
| --- | --- |

(b)

a marketing strategy to match the quantity, quality and presentation of supply to market requirements;

| (c) | measures to be taken by the producer organisation in order to contribute to the objectives laid down in Article 7; |
| --- | --- |

(c)

measures to be taken by the producer organisation in order to contribute to the objectives laid down in Article 7;

| (d) | special anticipatory measures to adjust the supply of species which habitually present marketing difficulties during the year; |
| --- | --- |

(d)

special anticipatory measures to adjust the supply of species which habitually present marketing difficulties during the year;

| (e) | penalties applicable to members who infringe decisions adopted to implement the plan concerned. |
| --- | --- |

(e)

penalties applicable to members who infringe decisions adopted to implement the plan concerned.

3.   The competent national authorities shall approve the production and marketing plan. Once the plan is approved, the producer organisation shall immediately implement it.

4.   Producer organisations may revise the production and marketing plan and shall, in such case, submit it for approval to the competent national authorities.

5.   The producer organisation shall prepare an annual report of its activities under the production and marketing plan and shall submit it to its competent national authorities for approval.

6.   Producer organisations may receive financial support for the preparation and implementation of production and marketing plans in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

7.   Member States shall carry out checks to ensure that each producer organisation fulfils the obligations provided for in this Article. A finding of non-compliance may result in the withdrawal of recognition.

Article 29

Implementing acts

1.   The Commission shall adopt implementing acts concerning:

| (a) | the format and structure of the production and marketing plan referred to in Article 28; |
| --- | --- |

(a)

the format and structure of the production and marketing plan referred to in Article 28;

| (b) | the procedure and time-limits for the submission by producer organisations and the approval by Member States of the production and marketing plans referred to in Article 28. |
| --- | --- |

(b)

the procedure and time-limits for the submission by producer organisations and the approval by Member States of the production and marketing plans referred to in Article 28.

2.   The implementing acts referred to in paragraph 1 shall be adopted in accordance with the examination procedure referred to in Article 43(2).

SECTION V

Stabilisation of the markets

Article 30

Storage mechanism

Fishery producer organisations may receive financial support for storage of fishery products listed in Annex II, provided that:

| (a) | the conditions for storage aid, laid down in a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014-2020, are complied with; |
| --- | --- |

(a)

the conditions for storage aid, laid down in a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014-2020, are complied with;

| (b) | the products have been placed on the market by fishery producer organisations and no buyer for them has been found at the trigger price referred to in Article 31; |
| --- | --- |

(b)

the products have been placed on the market by fishery producer organisations and no buyer for them has been found at the trigger price referred to in Article 31;

| (c) | the products meet the common marketing standards established in accordance with Article 33 and are of adequate quality for human consumption; |
| --- | --- |

(c)

the products meet the common marketing standards established in accordance with Article 33 and are of adequate quality for human consumption;

| (d) | the products are stabilised or processed and stored in tanks or cages, by way of freezing, either on board vessels or in land facilities, salting, drying, marinating or, where relevant, boiling and pasteurisation, whether or not filleted, cut-up or, where appropriate, headed; |
| --- | --- |

(d)

the products are stabilised or processed and stored in tanks or cages, by way of freezing, either on board vessels or in land facilities, salting, drying, marinating or, where relevant, boiling and pasteurisation, whether or not filleted, cut-up or, where appropriate, headed;

| (e) | the products are reintroduced from storage into the market for human consumption at a later stage; |
| --- | --- |

(e)

the products are reintroduced from storage into the market for human consumption at a later stage;

| (f) | the products remain in storage for at least five days. |
| --- | --- |

(f)

the products remain in storage for at least five days.

Article 31

Prices triggering the storage mechanism

1.   Before the beginning of each year, each fishery producer organisation may individually make a proposal for a price triggering the storage mechanism referred to in Article 30 for fishery products listed in Annex II.

2.   The trigger price shall not exceed 80 % of the weighted average price recorded for the product in question in the area of activity of the producer organisation concerned during the three years immediately preceding the year for which the trigger price is fixed.

3.   When determining the trigger price, account shall be taken of:

| (a) | trends in production and demand; |
| --- | --- |

(a)

trends in production and demand;

| (b) | the stabilisation of market prices; |
| --- | --- |

(b)

the stabilisation of market prices;

| (c) | the convergence of the markets; |
| --- | --- |

(c)

the convergence of the markets;

| (d) | the producers' incomes; |
| --- | --- |

(d)

the producers' incomes;

| (e) | the interests of consumers. |
| --- | --- |

(e)

the interests of consumers.

4.   Member States shall, upon examining the proposals of the producer organisations recognised in their territory, determine the trigger prices to be applied by those producer organisations. Those prices shall be fixed on the basis of the criteria referred to in paragraphs 2 and 3. The prices shall be made publicly available.

Article 32

Implementing acts

The Commission shall adopt implementing acts concerning the format of publication by Member States of the trigger prices pursuant to Article 31(4). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).

CHAPTER III

COMMON MARKETING STANDARDS

Article 33

Establishment of common marketing standards

1.   Without prejudice to Article 47, common marketing standards may be laid down for the fishery products that are listed in Annex I, regardless of their origin (Union or imported), that are intended for human consumption.

2.   The standards referred to in paragraph 1 may relate to the quality, size, weight, packing, presentation or labelling of the products, and in particular to:

| (a) | the minimum marketing sizes, taking into account the best available scientific advice; such minimum marketing sizes corresponding, where relevant, to minimum conservation reference sizes, in accordance with Article 15(10) of Regulation (EU) No 1380/2013; |
| --- | --- |

(a)

the minimum marketing sizes, taking into account the best available scientific advice; such minimum marketing sizes corresponding, where relevant, to minimum conservation reference sizes, in accordance with Article 15(10) of Regulation (EU) No 1380/2013;

| (b) | specifications of preserved products in accordance with conservation requirements and international obligations. |
| --- | --- |

(b)

specifications of preserved products in accordance with conservation requirements and international obligations.

3.   Paragraphs 1 and 2 shall apply without prejudice to:

| (a) | Regulation (EC) No 178/2002; |
| --- | --- |

(a)

Regulation (EC) No 178/2002;

| (b) | Regulation (EC) No 852/2004 of the European Parliament and of the Council (14); |
| --- | --- |

(b)

Regulation (EC) No 852/2004 of the European Parliament and of the Council (14);

| (c) | Regulation (EC) No 853/2004 of the European Parliament and of the Council (15); |
| --- | --- |

(c)

Regulation (EC) No 853/2004 of the European Parliament and of the Council (15);

| (d) | Regulation (EC) No 854/2004 of the European Parliament and of the Council (16); |
| --- | --- |

(d)

Regulation (EC) No 854/2004 of the European Parliament and of the Council (16);

| (e) | Regulation (EC) No 882/2004 of the European Parliament and of the Council (17); |
| --- | --- |

(e)

Regulation (EC) No 882/2004 of the European Parliament and of the Council (17);

| (f) | Council Regulation (EC) No 1005/2008 (18); and |
| --- | --- |

(f)

Council Regulation (EC) No 1005/2008 (18); and

| (g) | Regulation (EC) No 1224/2009. |
| --- | --- |

(g)

Regulation (EC) No 1224/2009.

Article 34

Compliance with common marketing standards

1.   The products intended for human consumption for which common marketing standards are laid down may be made available on the Union market only in accordance with those standards.

2.   All fishery products landed, including those that do not comply with common marketing standards, may be used for purposes other than direct human consumption, including fish meal, fish oil, pet food, food additives, pharmaceuticals or cosmetics.

CHAPTER IV

CONSUMER INFORMATION

Article 35

Mandatory information

1.   Without prejudice to Regulation (EU) No 1169/2011, fishery and aquaculture products referred to in points (a), (b), (c) and (e) of Annex I to this Regulation which are marketed within the Union, irrespective of their origin or of their marketing method, may be offered for sale to the final consumer or to a mass caterer only if appropriate marking or labelling indicates:

| (a) | the commercial designation of the species and its scientific name; |
| --- | --- |

(a)

the commercial designation of the species and its scientific name;

| (b) | the production method, in particular by the following words "... caught ..." or "... caught in freshwater ..." or "... farmed ..."; |
| --- | --- |

(b)

the production method, in particular by the following words "... caught ..." or "... caught in freshwater ..." or "... farmed ...";

| (c) | the area where the product was caught or farmed, and the category of fishing gear used in capture of fisheries, as laid down in the first column of Annex III to this Regulation; |
| --- | --- |

(c)

the area where the product was caught or farmed, and the category of fishing gear used in capture of fisheries, as laid down in the first column of Annex III to this Regulation;

| (d) | whether the product has been defrosted; |
| --- | --- |

(d)

whether the product has been defrosted;

| (e) | the date of minimum durability, where appropriate. |
| --- | --- |

(e)

the date of minimum durability, where appropriate.

The requirement in point (d) shall not apply to:

| (a) | ingredients present in the final product; |
| --- | --- |

(a)

ingredients present in the final product;

| (b) | foods for which freezing is a technologically necessary step in the production process; |
| --- | --- |

(b)

foods for which freezing is a technologically necessary step in the production process;

| (c) | fishery and aquaculture products previously frozen for health safety purposes, in accordance with Annex III, Section VIII, of Regulation (EC) No 853/2004; |
| --- | --- |

(c)

fishery and aquaculture products previously frozen for health safety purposes, in accordance with Annex III, Section VIII, of Regulation (EC) No 853/2004;

| (d) | fishery and aquaculture products which have been defrosted before the process of smoking, salting, cooking, pickling, drying or a combination of any of those processes. |
| --- | --- |

(d)

fishery and aquaculture products which have been defrosted before the process of smoking, salting, cooking, pickling, drying or a combination of any of those processes.

2.   For non-prepacked fishery and aquaculture products, the mandatory information listed in paragraph 1 may be provided for retail sale by means of commercial information such as billboards or posters.

3.   Where a mixed product is offered for sale to the final consumer or to a mass caterer that consists of the same species but which has been derived from different production methods, the method for each batch shall be stated. Where a mixed product is offered for sale to the final consumer or to a mass caterer that consists of the same species but which has been derived from a variety of catch areas or fish–farming countries, at least the area of the batch which is most representative in terms of quantity shall be stated, together with an indication that the products also come from different catch or fish-farming areas.

4.   Member States may exempt from the requirements referred to in paragraph 1 small quantities of products sold directly from fishing vessels to consumers, provided that those do not exceed the value referred to in Article 58(8) of Regulation (EC) No 1224/2009.

5.   Fishery and aquaculture products and their packages which were labelled or marked prior to 13 December 2014 and which do not comply with this Article may be marketed until such stocks have been used up.

Article 36

Eco-labelling reporting

After consulting Member States and stakeholders, the Commission shall, by 1 January 2015, submit to the European Parliament and to the Council a feasibility report on options for an eco-label scheme for fishery and aquaculture products, in particular on establishing such a scheme on a Union-wide basis and on setting minimum requirements for the use by Member States of a Union eco-label.

Article 37

Commercial designation

1.   For the purposes of Article 35(1), Member States shall draw up and publish a list of the commercial designations accepted in their territory, together with their scientific names. The list shall indicate:

| (a) | the scientific name for each species, in accordance with the FishBase Information System or the ASFIS database of the Food and Agriculture Organization (FAO), where relevant; |
| --- | --- |

(a)

the scientific name for each species, in accordance with the FishBase Information System or the ASFIS database of the Food and Agriculture Organization (FAO), where relevant;

| (b) | the commercial designation:






  (i) | the name of the species in the official language or languages of the Member State concerned; |
| --- | --- | --- |

(b)

the commercial designation:

(i)

the name of the species in the official language or languages of the Member State concerned;

| (ii) | where applicable, any other name or names that are accepted or permitted locally or regionally. |
| --- | --- |

(ii)

where applicable, any other name or names that are accepted or permitted locally or regionally.

2.   All species of fish which constitute an ingredient of another food may be designated as "fish", provided that the name and presentation of such food does not refer to a specific species.

3.   Any changes to the list of commercial designations accepted by a Member State shall be notified forthwith to the Commission which shall inform the other Member States thereof.

Article 38

Indication of the catch or production area

1.   The indication of the catch or production area in accordance with point (c) of Article 35(1) shall consist of the following:

| (a) | in the case of fishery products caught at sea, the name in writing of the sub-area or division listed in the FAO fishing areas, as well as the name of such zone expressed in terms understandable to the consumer, or a map or pictogram showing that zone, or, by way of derogation from this requirement, for fishery products caught in waters other than the Northeast Atlantic (FAO Fishing Area 27) and the Mediterranean and Black Sea (FAO Fishing Area 37), the indication of the name of the FAO fishing area; |
| --- | --- |

(a)

in the case of fishery products caught at sea, the name in writing of the sub-area or division listed in the FAO fishing areas, as well as the name of such zone expressed in terms understandable to the consumer, or a map or pictogram showing that zone, or, by way of derogation from this requirement, for fishery products caught in waters other than the Northeast Atlantic (FAO Fishing Area 27) and the Mediterranean and Black Sea (FAO Fishing Area 37), the indication of the name of the FAO fishing area;

| (b) | in the case of fishery products caught in freshwater, a reference to the body of water of origin in the Member State or third country of provenance of the product; |
| --- | --- |

(b)

in the case of fishery products caught in freshwater, a reference to the body of water of origin in the Member State or third country of provenance of the product;

| (c) | In the case of aquaculture products, a reference to the Member State or third country in which the product reached more than half of its final weight or stayed for more than half of the rearing period or, in the case of shellfish, underwent a final rearing or cultivation stage of at least six months. |
| --- | --- |

(c)

In the case of aquaculture products, a reference to the Member State or third country in which the product reached more than half of its final weight or stayed for more than half of the rearing period or, in the case of shellfish, underwent a final rearing or cultivation stage of at least six months.

2.   In addition to the information referred to in paragraph 1, operators may indicate a more precise catch or production area.

Article 39

Additional voluntary information

1.   In addition to the mandatory information required pursuant to Article 35, the following information may be provided on a voluntary basis, provided that it is clear and unambiguous:

| (a) | the date of catch of fishery products or the date of harvest of aquaculture products; |
| --- | --- |

(a)

the date of catch of fishery products or the date of harvest of aquaculture products;

| (b) | the date of landing of fishery products or information on the port at which the products were landed; |
| --- | --- |

(b)

the date of landing of fishery products or information on the port at which the products were landed;

| (c) | more detailed information on the type of fishing gear, as listed in the second column of Annex III; |
| --- | --- |

(c)

more detailed information on the type of fishing gear, as listed in the second column of Annex III;

| (d) | in the case of fishery products caught at sea, details of the flag State of the vessel that caught those products; |
| --- | --- |

(d)

in the case of fishery products caught at sea, details of the flag State of the vessel that caught those products;

| (e) | environmental information; |
| --- | --- |

(e)

environmental information;

| (f) | information of an ethical or social nature; |
| --- | --- |

(f)

information of an ethical or social nature;

| (g) | information on production techniques and practices; |
| --- | --- |

(g)

information on production techniques and practices;

| (h) | information on the nutritional content of the product. |
| --- | --- |

(h)

information on the nutritional content of the product.

2.   A Quick Response (QR) code may be used outlining part or all of the information listed in Article 35(1).

3.   Voluntary information shall not be displayed to the detriment of the space available for mandatory information on the marking or labelling.

4.   No voluntary information shall be included that cannot be verified.

CHAPTER V

COMPETITION RULES

Article 40

Application of competition rules

Articles 101 to 106 TFEU and their implementing provisions shall apply to agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to production or marketing of fishery and aquaculture products.

Article 41

Exceptions to the application of competition rules

1.   Notwithstanding Article 40 of this Regulation, Article 101(1) TFEU shall not apply to agreements, decisions and practices of producer organisations which concern the production or sale of fishery and aquaculture products, or the use of joint facilities for the storage, treatment or processing of fishery and aquaculture products, and which:

| (a) | are necessary to attain the objectives set out in Article 39 TFEU; |
| --- | --- |

(a)

are necessary to attain the objectives set out in Article 39 TFEU;

| (b) | do not imply any obligation to charge identical prices; |
| --- | --- |

(b)

do not imply any obligation to charge identical prices;

| (c) | do not lead to the partitioning of markets in any form within the Union; |
| --- | --- |

(c)

do not lead to the partitioning of markets in any form within the Union;

| (d) | do not exclude competition; and |
| --- | --- |

(d)

do not exclude competition; and

| (e) | do not eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

do not eliminate competition in respect of a substantial proportion of the products in question.

2.   Notwithstanding Article 40 of this Regulation, Article 101(1) TFEU shall not apply to agreements, decisions and practices of inter-branch organisations which:

| (a) | are necessary to attain the objectives set out in Article 39 TFEU; |
| --- | --- |

(a)

are necessary to attain the objectives set out in Article 39 TFEU;

| (b) | do not entail any obligation to apply a fixed price; |
| --- | --- |

(b)

do not entail any obligation to apply a fixed price;

| (c) | do not lead to the partitioning of markets in any form within the Union; |
| --- | --- |

(c)

do not lead to the partitioning of markets in any form within the Union;

| (d) | do not apply dissimilar conditions to equivalent transactions with other trading partners, thereby placing them at a competitive disadvantage; |
| --- | --- |

(d)

do not apply dissimilar conditions to equivalent transactions with other trading partners, thereby placing them at a competitive disadvantage;

| (e) | do not eliminate competition in respect of a substantial proportion of the products in question; and |
| --- | --- |

(e)

do not eliminate competition in respect of a substantial proportion of the products in question; and

| (f) | do not restrict competition in ways which are not essential for the achievement of the objectives of the CFP. |
| --- | --- |

(f)

do not restrict competition in ways which are not essential for the achievement of the objectives of the CFP.

CHAPTER VI

MARKET INTELLIGENCE

Article 42

Market Intelligence

1.   The Commission shall:

| (a) | gather, analyse and disseminate economic knowledge and understanding of the Union market for fishery and aquaculture products along the supply chain, taking into account the international context; |
| --- | --- |

(a)

gather, analyse and disseminate economic knowledge and understanding of the Union market for fishery and aquaculture products along the supply chain, taking into account the international context;

| (b) | provide practical support to producer organisations and inter-branch organisations to better coordinate information between operators and processors; |
| --- | --- |

(b)

provide practical support to producer organisations and inter-branch organisations to better coordinate information between operators and processors;

| (c) | regularly survey prices for fishery and aquaculture products in the Union market along the supply chain and conduct analyses on market trends; |
| --- | --- |

(c)

regularly survey prices for fishery and aquaculture products in the Union market along the supply chain and conduct analyses on market trends;

| (d) | conduct ad-hoc market studies and provide a methodology for price formation surveys. |
| --- | --- |

(d)

conduct ad-hoc market studies and provide a methodology for price formation surveys.

2.   In order to implement paragraph 1, the Commission shall make use of the following measures:

| (a) | facilitate access to available data on fishery and aquaculture products collected pursuant to Union law; |
| --- | --- |

(a)

facilitate access to available data on fishery and aquaculture products collected pursuant to Union law;

| (b) | make market information, such as price surveys, market analyses and studies, available to all the stakeholders and to the general public in an accessible and understandable manner, subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council (19). |
| --- | --- |

(b)

make market information, such as price surveys, market analyses and studies, available to all the stakeholders and to the general public in an accessible and understandable manner, subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council (19).

3.   Member States shall contribute to the achievement of the objectives referred to in paragraph 1.

CHAPTER VII

PROCEDURAL PROVISIONS

Article 43

Committee procedure

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

CHAPTER VIII

FINAL PROVISIONS

Article 44

Amendment to Regulation (EC) No 1184/2006

Article 1 of Regulation (EC) No 1184/2006 is replaced by the following:

"Article 1

This Regulation lays down rules concerning the applicability of Articles 101 to 106 and of Article 108(1) and (3) of the Treaty on the functioning of the European Union (TFEU) in relation to production of, or trade in, the products listed in Annex I to the TFEU with the exception of the products covered by Council Regulation (EC) No 1234/2007 (*1) and Regulation (EU) No 1379/2013 of the European Parliament and of the Council (*2).

Article 45

Amendments to Regulation (EC) No 1224/2009

Regulation (EC) No 1224/2009 is hereby amended as follows:

| (1) | in Article 57(1), the following sentences are added:
  "Member States shall undertake checks to ensure compliance. The checks may take place at all marketing stages and during transport.)" |
| --- | --- |

(1)

in Article 57(1), the following sentences are added:

"Member States shall undertake checks to ensure compliance. The checks may take place at all marketing stages and during transport.)"

| (2) | Article 58(5) is amended as follows:






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






  "(g) | the information to consumers provided for in Article 35 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council (*3); |
| --- | --- | --- | --- |

(2)

Article 58(5) is amended as follows:

(a)

point (g) is replaced by the following:

"(g)

the information to consumers provided for in Article 35 of Regulation (EU) No 1379/2013 of the European Parliament and of the Council (*3);

*3

(*3)  Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 december 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).)""

*3

| (b) | point (h) is deleted. |
| --- | --- |

(b)

point (h) is deleted.

Article 46

Repeal

Regulation (EC) No 104/2000 is hereby repealed. However, Article 4 shall apply until 12 December 2014.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex IV.

Article 47

Rules establishing common marketing standards

Rules establishing common marketing standards, in particular Council Regulation (EEC) No 2136/89 (20), Council Regulation (EEC) No 1536/92 (21), Council Regulation (EC) No 2406/96 (22), as well as other rules adopted for the application of common marketing standards, such as Commission Regulation (EEC) No 3703/85 (23), shall continue to apply.

20

21

22

23

Article 48

Review

The Commission shall report to the European Parliament and the Council on the results of the application of this Regulation by 31 December 2022.

Article 49

Entry into force

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

Official Journal of the European Union

It shall apply from 1 January 2014, with the exception of Chapter IV and Article 45 which shall apply from 13 December 2014.

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

Done at Strasbourg, 11 December 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

V. LEŠKEVIČIUS

---

(1)  
  OJ C 181, 21.6.2012, p. 183.

1

(2)  
  OJ C 225, 27.7.2012, p. 20.

2

(3)  Position of the European Parliament of 12 September 2012 (not yet published in the Official Journal) and position of the Council at first reading of 17 October 2013 (not yet published in the Official Journal). Position of the European Parliament of 9 December 2013 (not yet published in the Official Journal).

3

(4)  Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (OJ L 17, 21.1.2000, p. 22).

4

(5)  Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of, and trade in, agricultural products (OJ L 214, 4.8.2006, p. 7).

5

(6)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

6

(7)  Council Regulation (EU) No 1220/2012 of 3 December 2012 on trade related measures to guarantee the supply of certain fishery products to Union processors from 2013 to 2015, amending Regulations (EC) No 104/2000 and (EU) No 1344/2011 (OJ L 349, 19.12.2012, p. 4).

7

(8)  Regulation (EU) No 1026/2012 of the European Parliament and of the Council of 25 October 2012 on certain measures for the purpose of the conservation of fish stocks in relation to countries allowing non-sustainable fishing (OJ L 316, 14.11.2012, p. 34).

8

(9)  Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 december 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (See page 22 of this Official Journal).

9

(10)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

10

(11)  Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

11

(12)  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).

12

(13)  Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).

13

(14)  Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

14

(15)  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

15

(16)  Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ L 226, 25.6.2004, p. 83).

16

(17)  Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

17

(18)  Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

18

(19)  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).

19

(20)  Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products (OJ L 212, 22.7.1989, p. 79).

20

(21)  Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1).

21

(22)  Council Regulation (EC) 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products (OJ L 334, 23.12.1996, p. 1).

22

(23)  Commission Regulation (EEC) No 3703/85 of 23 December 1985 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish (OJ L 351, 28.12.1985, p. 63).

23

---

ANNEX I

FISHERY AND AQUACULTURE PRODUCTS COVERED BY THE CMO

| CN code | Description of the goods |
| --- | --- |
| (a) | 0301 | Live fish |
| 0302 | Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304 |
| 0303 | Fish, frozen, excluding fish fillets and other fish meat of heading 0304 |
| 0304 | Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen |
| (b) | 0305 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption |
| (c) | 0306 | Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption |
| 0307 | Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption |
| (d) | | Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption |
| Other: |
| Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3: |
| 0511 91 10 | Fish waste |
| 0511 91 90 | Other |
| (e) | 1212 20 00 | Seaweeds and other algae |
| (f) | | Fats and oils and their fractions, of fish, whether or not refined, but not chemically modified: |
| 1504 10 | Fish-liver oils and their fractions |
| 1504 20 | Fats and oils and their fractions, of fish, other than liver oils |
| (g) | 1603 00 | Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates |
| (h) | 1604 | Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs |
| (i) | 1605 | Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved |
| (j) | | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared |
| 1902 20 | Stuffed pasta, whether or not cooked or otherwise prepared: |
| 1902 20 10 | Containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates |
| (k) | | Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: |
| 2301 20 00 | Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates |
| (l) | | Preparations of a kind used in animal feeding |
| 2309 90 | Other: |
| ex 2309 90 10 | Fish solubles |

CN code

Description of the goods

(a)

0301

Live fish

0302

Fish, fresh or chilled, excluding fish fillets and other fish meat of heading 0304

0303

Fish, frozen, excluding fish fillets and other fish meat of heading 0304

0304

Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen

(b)

0305

Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption

(c)

0306

Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption

0307

Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption

(d)

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption

Other:

Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3:

0511 91 10

Fish waste

0511 91 90

Other

(e)

1212 20 00

Seaweeds and other algae

(f)

Fats and oils and their fractions, of fish, whether or not refined, but not chemically modified:

1504 10

Fish-liver oils and their fractions

1504 20

Fats and oils and their fractions, of fish, other than liver oils

(g)

1603 00

Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates

(h)

1604

Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs

(i)

1605

Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved

(j)

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared

1902 20

Stuffed pasta, whether or not cooked or otherwise prepared:

1902 20 10

Containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates

(k)

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves:

2301 20 00

Flours, meals and pellets, of fish or of crustaceans, molluscs or other aquatic invertebrates

(l)

Preparations of a kind used in animal feeding

2309 90

Other:

ex 2309 90 10

Fish solubles

---

ANNEX II

FISHERY PRODUCTS SUBJECT TO THE STORAGE MECHANISM

| CN Code | Description of the goods |
| --- | --- |
| 0302 22 00 | Plaice (Pleonectes platessa) |
| ex 0302 29 90 | Dab (Limanda limanda) |
| 0302 29 10 | Megrim (Lepidorhombus spp.) |
| ex 0302 29 90 | Flounder (Platichthys flesus) |
| 0302 31 10
  and
  0302 31 90 | Albacore or longfinned tunas (Thunnus alalunga) |
| ex 0302 40 | Herring of the species Clupea harengus |
| 0302 50 10 | Cod of the species Gadus morhua |
| 0302 61 10 | Sardines of the species Sardina pilchardus |
| ex 0302 61 80 | Sprat (Sprattus sprattus) |
| 0302 62 00 | Haddock (Melanogrammus aeglefinus) |
| 0302 63 00 | Coalfish (Pollachius virens) |
| ex 0302 64 | Mackerel of the species Scomber scombrus and Scomber japonicus |
| 0302 65 20
  and
  0302 65 50 | Dogfish (Squalus acanthias and Scyliorhinus spp.) |
| 0302 69 31
  and
  0302 69 33 | Redfish (Sebastes spp.) |
| 0302 69 41 | Whiting (Merlangius merlangus) |
| 0302 69 45 | Ling (Molva spp.) |
| 0302 69 55 | Anchovies (Engraulis spp.) |
| ex 0302 69 68 | Hake of the species Merluccius merluccius |
| 0302 69 81 | Monkfish (Lophius spp.) |
| ex 0302 69 99 | Dolphin-fish (Coryphaena hippurus) |
| ex 0307 41 10 | Cuttlefish (Sepia officinalis and Rossia macrosoma) |
| ex 0306 23 10
  ex 0306 23 31
  ex 0306 23 39 | Shrimps of the species Crangon crangon and deepwater prawn (Pandalus borealis) |
| 0302 23 00 | Sole (Solea spp.) |
| 0306 24 30 | Edible crabs (Cancer pagurus) |
| 0306 29 30 | Norway lobsters (Nephrops norvegicus) |
| 0303 31 10 | Lesser or Greenland halibut (Reinhardtius hipoglossoides) |
| 0303 78 11
  0303 78 12
  0303 78 13
  0303 78 19
  and
  0304 29 55
  0304 29 56
  0304 29 58 | Hake of the genus Merluccius |
| 0303 79 71 | Sea bream (Dentex dentex and Pagellus spp.) |
| 0303 61 00
  0304 21 00
  0304 91 00 | Swordfish (Xiphias gladius) |
| 0306 13 40
  0306 13 50
  ex 0306 13 80 | Shrimps of the family Penaeidae |
| 0307 49 18
  0307 49 01 | Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola rondeletti |
| 0307 49 31
  0307 49 33
  0307 49 35
  and
  0307 49 38 | Squid (Loligo spp.) |
| 0307 49 51 | Squid (Ommastrephes sagittatus) |
| 0307 59 10 | Octopus (Octopus spp.) |
| 0307 99 11 | Illex spp. |
| 0303 41 10 | Albacore or longfinned tuna (Thunnus alalunga) |
| 0302 32 10
  0303 42 12
  0303 42 18
  0303 42 42
  0303 42 48 | Yellowfin tunas (Thunnus albacares) |
| 0302 33 10
  0303 43 10 | Skipjack or stripe-bellied bonito (Katsuwomus pelamis) |
| 0303 45 10 | Bluefin tuna (Thunnus thynnus) |
| 0302 39 10
  0302 69 21
  0303 49 30
  0303 79 20 | Other species of the genera Thunnus and Euthynnus |
| ex 0302 29 90 | Lemon sole (Microstomus kitt) |
| 0302 35 10
  and
  0302 35 90 | Bluefin tunas (Thunnus thynnus) |
| ex 0302 69 51 | Pollack (Pollachius pollachius) |
| 0302 69 75 | Ray's bream (Brama spp.) |
| ex 0302 69 82 | Blue whiting (Micromesistius poutassou) |
| ex 0302 69 99 | Pout (Trisopterus luscus) and poor cod (Trisopterus minutus) |
| ex 0302 69 99 | Bogues (Boops boops) |
| ex 0302 69 99 | Picarel (Spicara smaris) |
| ex 0302 69 99 | Conger (Conger conger) |
| ex 0302 69 99 | Gurnard (Trigla spp.) |
| ex 0302 69 91
  ex 0302 69 99 | Horse mackerel (Trachurus spp.) |
| ex 0302 69 99 | Mullet (Mugil spp.) |
| ex 0302 69 99
  and
  ex 0304 19 99 | Skate (Raja spp.) |
| ex 0302 69 99 | Scabbard fish (Lepidopus caudatus and Aphanopus carbo) |
| ex 0307 21 00 | Common scallop (Pecten maximus) |
| ex 0307 91 00 | Common whelk (Buccinum undatum) |
| ex 0302 69 99 | Striped or red mullet (Mullus surmuletus, Mullus barbatus) |
| ex 0302 69 99 | Black sea bream (Spondyliosoma cantharus) |

CN Code

Description of the goods

0302 22 00

Plaice (Pleonectes platessa)

ex 0302 29 90

Dab (Limanda limanda)

0302 29 10

Megrim (Lepidorhombus spp.)

ex 0302 29 90

Flounder (Platichthys flesus)

0302 31 10

and

0302 31 90

Albacore or longfinned tunas (Thunnus alalunga)

ex 0302 40

Herring of the species Clupea harengus

0302 50 10

Cod of the species Gadus morhua

0302 61 10

Sardines of the species Sardina pilchardus

ex 0302 61 80

Sprat (Sprattus sprattus)

0302 62 00

Haddock (Melanogrammus aeglefinus)

0302 63 00

Coalfish (Pollachius virens)

ex 0302 64

Mackerel of the species Scomber scombrus and Scomber japonicus

0302 65 20

and

0302 65 50

Dogfish (Squalus acanthias and Scyliorhinus spp.)

0302 69 31

and

0302 69 33

Redfish (Sebastes spp.)

0302 69 41

Whiting (Merlangius merlangus)

0302 69 45

Ling (Molva spp.)

0302 69 55

Anchovies (Engraulis spp.)

ex 0302 69 68

Hake of the species Merluccius merluccius

0302 69 81

Monkfish (Lophius spp.)

ex 0302 69 99

Dolphin-fish (Coryphaena hippurus)

ex 0307 41 10

Cuttlefish (Sepia officinalis and Rossia macrosoma)

ex 0306 23 10

ex 0306 23 31

ex 0306 23 39

Shrimps of the species Crangon crangon and deepwater prawn (Pandalus borealis)

0302 23 00

Sole (Solea spp.)

0306 24 30

Edible crabs (Cancer pagurus)

0306 29 30

Norway lobsters (Nephrops norvegicus)

0303 31 10

Lesser or Greenland halibut (Reinhardtius hipoglossoides)

0303 78 11

0303 78 12

0303 78 13

0303 78 19

and

0304 29 55

0304 29 56

0304 29 58

Hake of the genus Merluccius

0303 79 71

Sea bream (Dentex dentex and Pagellus spp.)

0303 61 00

0304 21 00

0304 91 00

Swordfish (Xiphias gladius)

0306 13 40

0306 13 50

ex 0306 13 80

Shrimps of the family Penaeidae

0307 49 18

0307 49 01

Cuttlefish of the species Sepia officinalis, Rossia macrosoma and Sepiola rondeletti

0307 49 31

0307 49 33

0307 49 35

and

0307 49 38

Squid (Loligo spp.)

0307 49 51

Squid (Ommastrephes sagittatus)

0307 59 10

Octopus (Octopus spp.)

0307 99 11

Illex spp.

0303 41 10

Albacore or longfinned tuna (Thunnus alalunga)

0302 32 10

0303 42 12

0303 42 18

0303 42 42

0303 42 48

Yellowfin tunas (Thunnus albacares)

0302 33 10

0303 43 10

Skipjack or stripe-bellied bonito (Katsuwomus pelamis)

0303 45 10

Bluefin tuna (Thunnus thynnus)

0302 39 10

0302 69 21

0303 49 30

0303 79 20

Other species of the genera Thunnus and Euthynnus

ex 0302 29 90

Lemon sole (Microstomus kitt)

0302 35 10

and

0302 35 90

Bluefin tunas (Thunnus thynnus)

ex 0302 69 51

Pollack (Pollachius pollachius)

0302 69 75

Ray's bream (Brama spp.)

ex 0302 69 82

Blue whiting (Micromesistius poutassou)

ex 0302 69 99

Pout (Trisopterus luscus) and poor cod (Trisopterus minutus)

ex 0302 69 99

Bogues (Boops boops)

ex 0302 69 99

Picarel (Spicara smaris)

ex 0302 69 99

Conger (Conger conger)

ex 0302 69 99

Gurnard (Trigla spp.)

ex 0302 69 91

ex 0302 69 99

Horse mackerel (Trachurus spp.)

ex 0302 69 99

Mullet (Mugil spp.)

ex 0302 69 99

and

ex 0304 19 99

Skate (Raja spp.)

ex 0302 69 99

Scabbard fish (Lepidopus caudatus and Aphanopus carbo)

ex 0307 21 00

Common scallop (Pecten maximus)

ex 0307 91 00

Common whelk (Buccinum undatum)

ex 0302 69 99

Striped or red mullet (Mullus surmuletus, Mullus barbatus)

ex 0302 69 99

Black sea bream (Spondyliosoma cantharus)

---

ANNEX III

INFORMATION ON FISHING GEAR

| Mandatory information on the category of fishing gear | More detailed information on corresponding gears and codes, in accordance with Commission Regulation (EC) No 26/2004 (1) and Commission Implementing Regulation (EU) No 404/2011 (2) |
| --- | --- |
| Seines | Beach seines | SB |
| Danish seines | SDN |
| Scottish seines | SSC |
| Pair seines | SPR |
| Trawls | Beam trawls | TBB |
| Bottom otter trawls | OTB |
| Bottom pair trawls | PTB |
| Midwater otter trawls | OTM |
| Pelagic pair trawls | PTM |
| Otter twin trawls | OTT |
| Gillnets and similar nets | Set (anchored) gillnets | GNS |
| Driftnets | GND |
| Encircling gillnets | GNC |
| Trammel nets | GTR |
| Combined trammel and gillnets | GTN |
| Surrounding nets and lift nets | Purse seines | PS |
| Lampara nets | LA |
| Boat operated lift nets | LNB |
| Shore-operated stationary lift nets | LNS |
| Hooks and lines | Hand lines and pole lines (hand operated) | LHP |
| Hand lines and pole lines (mechanised) | LHM |
| Set longlines | LLS |
| Longlines (drifting) | LLD |
| Troll lines | LTL |
| Dredges | Boat dredges | DRB |
| Hand dredges used on board a vessel | DRH |
| Mechanised dredges including suction dredges | HMD |
| Pots and traps | Pots (traps) | FPO |

Mandatory information on the category of fishing gear

More detailed information on corresponding gears and codes, in accordance with Commission Regulation (EC) No 26/2004 (1) and Commission Implementing Regulation (EU) No 404/2011 (2)

Seines

Beach seines

SB

Danish seines

SDN

Scottish seines

SSC

Pair seines

SPR

Trawls

Beam trawls

TBB

Bottom otter trawls

OTB

Bottom pair trawls

PTB

Midwater otter trawls

OTM

Pelagic pair trawls

PTM

Otter twin trawls

OTT

Gillnets and similar nets

Set (anchored) gillnets

GNS

Driftnets

GND

Encircling gillnets

GNC

Trammel nets

GTR

Combined trammel and gillnets

GTN

Surrounding nets and lift nets

Purse seines

PS

Lampara nets

LA

Boat operated lift nets

LNB

Shore-operated stationary lift nets

LNS

Hooks and lines

Hand lines and pole lines (hand operated)

LHP

Hand lines and pole lines (mechanised)

LHM

Set longlines

LLS

Longlines (drifting)

LLD

Troll lines

LTL

Dredges

Boat dredges

DRB

Hand dredges used on board a vessel

DRH

Mechanised dredges including suction dredges

HMD

Pots and traps

Pots (traps)

FPO

---

(1)  Commission Regulation (EC) No 26/2004 of 30 December 2003 on the Community fishing fleet register (OJ L 5, 9.1.2004, p. 25).

(2)  Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (OJ L 112, 30.4.2011, p. 1).

---

ANNEX IV

CORRELATION TABLE

| Regulation (EC) No 104/2000 | This Regulation |
| --- | --- |
| Article 1 | Articles 1 to 5 |
| Articles 2 and 3 | Articles 33 and 34 |
| Article 4 | Articles 35 to 39 |
| Article 5(1) | Articles 6, 7, 8, |
| Article 5(2), 5(3), 5(4) and Article 6 | Articles 14, 18 to 21 |
| Article 7 | Articles 22 and 24 to 27 |
| Article 8 | — |
| Articles 9 to 12 | Articles 28, 29 |
| Article 13 | Articles 11, 12, 13, 16, 18, 20 and 21 |
| Article 14 | Article 41(2) |
| Article 15 | Article 23 |
| Article 16 | Articles 24 to 27 |
| Articles 17 to 27 | Articles 30, 31 and 32 |
| Article 33 | — |
| Article 34 | Articles 20(2), 21 and 32 |
| Article 35 | — |
| Article 36 | — |
| Article 37 | Article 43 |
| Articles 38 and 39 | Article 43 |
| Article 40 | — |
| Article 41 | Article 48 |
| Article 42 | Articles 44, 45 and 46 |
| Article 43 | Article 49 |
| — | Article 40 |
| — | Article 41(1) |
| — | Article 42 |

Regulation (EC) No 104/2000

This Regulation

Article 1

Articles 1 to 5

Articles 2 and 3

Articles 33 and 34

Article 4

Articles 35 to 39

Article 5(1)

Articles 6, 7, 8,

Article 5(2), 5(3), 5(4) and Article 6

Articles 14, 18 to 21

Article 7

Articles 22 and 24 to 27

Article 8

—

Articles 9 to 12

Articles 28, 29

Article 13

Articles 11, 12, 13, 16, 18, 20 and 21

Article 14

Article 41(2)

Article 15

Article 23

Article 16

Articles 24 to 27

Articles 17 to 27

Articles 30, 31 and 32

Article 33

—

Article 34

Articles 20(2), 21 and 32

Article 35

—

Article 36

—

Article 37

Article 43

Articles 38 and 39

Article 43

Article 40

—

Article 41

Article 48

Article 42

Articles 44, 45 and 46

Article 43

Article 49

—

Article 40

—

Article 41(1)

—

Article 42

---

| 28.12.2013 | EN | Official Journal of the European Union | L 354/22 |
| --- | --- | --- | --- |

28.12.2013

EN

Official Journal of the European Union

L 354/22

---

REGULATION (EU) No 1380/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 December 2013

on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | Council Regulation (EC) No 2371/2002 (4) established a Community system for the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (CFP). |
| --- | --- |

(1)

Council Regulation (EC) No 2371/2002 (4) established a Community system for the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (CFP).

| (2) | The scope of the CFP includes the conservation of marine biological resources and the management of fisheries targeting them. In addition, it includes, in relation to market measures and financial measures in support of its objectives, fresh water biological resources and aquaculture activities, as well as the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea of 10 December 1982 (5) (UNCLOS). |
| --- | --- |

(2)

The scope of the CFP includes the conservation of marine biological resources and the management of fisheries targeting them. In addition, it includes, in relation to market measures and financial measures in support of its objectives, fresh water biological resources and aquaculture activities, as well as the processing and marketing of fishery and aquaculture products, where such activities take place on the territory of Member States or in Union waters, including by fishing vessels flying the flag of, and registered in, third countries, by Union fishing vessels, or by nationals of Member States, without prejudice to the primary responsibility of the flag State, bearing in mind the provisions of Article 117 of the United Nations Convention on the Law of the Sea of 10 December 1982 (5) (UNCLOS).

| (3) | Recreational fisheries can have a significant impact on fish resources and Member States should, therefore, ensure that they are conducted in a manner that is compatible with the objectives of the CFP. |
| --- | --- |

(3)

Recreational fisheries can have a significant impact on fish resources and Member States should, therefore, ensure that they are conducted in a manner that is compatible with the objectives of the CFP.

| (4) | The CFP should ensure that fishing and aquaculture activities contribute to long-term environmental, economic, and social sustainability. It should include rules that aim to ensure the traceability, security and quality of products marketed in the Union. Furthermore, the CFP should contribute to increased productivity, to a fair standard of living for the fisheries sector including small-scale fisheries, and to stable markets, and it should ensure the availability of food supplies and that they reach consumers at reasonable prices. The CFP should contribute to the Europe 2020 Strategy for smart, sustainable and inclusive growth, and should help to achieve the objectives set out therein. |
| --- | --- |

(4)

The CFP should ensure that fishing and aquaculture activities contribute to long-term environmental, economic, and social sustainability. It should include rules that aim to ensure the traceability, security and quality of products marketed in the Union. Furthermore, the CFP should contribute to increased productivity, to a fair standard of living for the fisheries sector including small-scale fisheries, and to stable markets, and it should ensure the availability of food supplies and that they reach consumers at reasonable prices. The CFP should contribute to the Europe 2020 Strategy for smart, sustainable and inclusive growth, and should help to achieve the objectives set out therein.

| (5) | The Union is a contracting party to UNCLOS (6) and, pursuant to Council Decision 98/414/EC (7), to the United Nations Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 December 1995 (8) (UN Fish Stocks Agreement) and, pursuant to Council Decision 96/428/EC (9), to the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (10). |
| --- | --- |

(5)

The Union is a contracting party to UNCLOS (6) and, pursuant to Council Decision 98/414/EC (7), to the United Nations Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks of 4 December 1995 (8) (UN Fish Stocks Agreement) and, pursuant to Council Decision 96/428/EC (9), to the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of 24 November 1993 of the Food and Agriculture Organisation of the United Nations (10).

| (6) | Those international instruments predominantly lay down conservation obligations, including obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas, and to cooperate with other States to that end, obligations to apply the precautionary approach widely to conservation, management and exploitation of fish stocks, obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas. The CFP should, therefore, contribute to the Union's implementation of its international obligations under those international instruments. Where Member States adopt conservation and management measures, for which they have been empowered within the framework of the CFP, they should also act in a manner which is fully consistent with the international obligations regarding conservation and cooperation under those international instruments. |
| --- | --- |

(6)

Those international instruments predominantly lay down conservation obligations, including obligations to take conservation and management measures designed to maintain or restore marine resources at levels which can produce the maximum sustainable yield both within sea areas under national jurisdiction and on the high seas, and to cooperate with other States to that end, obligations to apply the precautionary approach widely to conservation, management and exploitation of fish stocks, obligations to ensure compatibility of conservation and management measures where marine resources occur in sea areas of different jurisdictional status and obligations to have due regard to other legitimate uses of the seas. The CFP should, therefore, contribute to the Union's implementation of its international obligations under those international instruments. Where Member States adopt conservation and management measures, for which they have been empowered within the framework of the CFP, they should also act in a manner which is fully consistent with the international obligations regarding conservation and cooperation under those international instruments.

| (7) | At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed themselves to act against the continued decline of many fish stocks. Therefore, the Union should improve the CFP by adapting exploitation rates so as to ensure that, within a reasonable time-frame, the exploitation of marine biological resources restores and maintains populations of harvested stocks above levels that can produce the maximum sustainable yield. The exploitation rates should be achieved by 2015. Achieving those exploitation rates by a later date should be allowed only if achieving them by 2015 would seriously jeopardise the social and economic sustainability of the fishing fleets involved. After 2015, those rates should be achieved as soon as possible and in any event no later than 2020. Where scientific information is insufficient to determine those levels, approximative parameters may be considered. |
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(7)

At the World Summit on Sustainable Development at Johannesburg in 2002, the Union and its Member States committed themselves to act against the continued decline of many fish stocks. Therefore, the Union should improve the CFP by adapting exploitation rates so as to ensure that, within a reasonable time-frame, the exploitation of marine biological resources restores and maintains populations of harvested stocks above levels that can produce the maximum sustainable yield. The exploitation rates should be achieved by 2015. Achieving those exploitation rates by a later date should be allowed only if achieving them by 2015 would seriously jeopardise the social and economic sustainability of the fishing fleets involved. After 2015, those rates should be achieved as soon as possible and in any event no later than 2020. Where scientific information is insufficient to determine those levels, approximative parameters may be considered.

| (8) | Management decisions relating to maximum sustainable yield in mixed fisheries should take into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield at the same time, in particular where scientific advice indicates that it is very difficult to avoid the phenomenon of "choke species" by increasing the selectivity of the fishing gears used. Appropriate scientific bodies should be requested to provide advice on the appropriate fishing mortality levels in such circumstances. |
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(8)

Management decisions relating to maximum sustainable yield in mixed fisheries should take into account the difficulty of fishing all stocks in a mixed fishery at maximum sustainable yield at the same time, in particular where scientific advice indicates that it is very difficult to avoid the phenomenon of "choke species" by increasing the selectivity of the fishing gears used. Appropriate scientific bodies should be requested to provide advice on the appropriate fishing mortality levels in such circumstances.

| (9) | The CFP should ensure coherence with the fisheries targets laid down in the Decision by the Conference of the Parties to the Convention on Biological Diversity on the Strategic Plan for Biodiversity 2011 – 2020, and with the biodiversity targets adopted by the European Council of 25 and 26 March 2010. |
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(9)

The CFP should ensure coherence with the fisheries targets laid down in the Decision by the Conference of the Parties to the Convention on Biological Diversity on the Strategic Plan for Biodiversity 2011 – 2020, and with the biodiversity targets adopted by the European Council of 25 and 26 March 2010.

| (10) | Sustainable exploitation of marine biological resources should be based on the precautionary approach, which derives from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty, taking into account available scientific data. |
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(10)

Sustainable exploitation of marine biological resources should be based on the precautionary approach, which derives from the precautionary principle referred to in the first subparagraph of Article 191(2) of the Treaty, taking into account available scientific data.

| (11) | The CFP should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species, and in particular to the achievement of good environmental status by 2020, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council (11). |
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(11)

The CFP should contribute to the protection of the marine environment, to the sustainable management of all commercially exploited species, and in particular to the achievement of good environmental status by 2020, as set out in Article 1(1) of Directive 2008/56/EC of the European Parliament and of the Council (11).

| (12) | The CFP should also contribute to the supplying of highly nutritional food to the Union market and to reducing the Union market's dependence on food imports. It should also foster direct and indirect job creation and economic development in coastal areas. |
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(12)

The CFP should also contribute to the supplying of highly nutritional food to the Union market and to reducing the Union market's dependence on food imports. It should also foster direct and indirect job creation and economic development in coastal areas.

| (13) | An ecosystem-based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should be avoided and reduced as far as possible. |
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(13)

An ecosystem-based approach to fisheries management needs to be implemented, environmental impacts of fishing activities should be limited and unwanted catches should be avoided and reduced as far as possible.

| (14) | It is important for the management of the CFP to be guided by principles of good governance. Those principles include decision-making based on best available scientific advice, broad stakeholder involvement and a long-term perspective. The successful management of the CFP also depends on a clear definition of responsibilities at Union, regional, national and local levels and on the mutual compatibility of the measures taken and their consistency with other Union policies. |
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(14)

It is important for the management of the CFP to be guided by principles of good governance. Those principles include decision-making based on best available scientific advice, broad stakeholder involvement and a long-term perspective. The successful management of the CFP also depends on a clear definition of responsibilities at Union, regional, national and local levels and on the mutual compatibility of the measures taken and their consistency with other Union policies.

| (15) | The CFP should contribute to the improvement of safety and working conditions for fishing operators. |
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(15)

The CFP should contribute to the improvement of safety and working conditions for fishing operators.

| (16) | The CFP should pay full regard, where relevant, to animal health, animal welfare, food and feed safety. |
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(16)

The CFP should pay full regard, where relevant, to animal health, animal welfare, food and feed safety.

| (17) | Since all matters related to Europe's oceans and seas are interlinked, the CFP should be implemented in a way that is consistent with other Union policies and, in particular, that takes into account interactions with Union actions in other maritime policy areas. Coherence should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins. |
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(17)

Since all matters related to Europe's oceans and seas are interlinked, the CFP should be implemented in a way that is consistent with other Union policies and, in particular, that takes into account interactions with Union actions in other maritime policy areas. Coherence should be ensured in the management of different sectoral policies within the Baltic Sea, North Sea, Celtic seas, Bay of Biscay and the Iberian Coast, Mediterranean and Black Sea sea basins.

| (18) | Union fishing vessels should have equal access to Union waters and resources subject to the rules of the CFP. |
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(18)

Union fishing vessels should have equal access to Union waters and resources subject to the rules of the CFP.

| (19) | Existing rules restricting access to resources within the 12 nautical mile zones of Member States have operated satisfactorily, benefiting conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved the traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. Those rules should therefore continue to apply. Member States should endeavour to give preferential access for small-scale, artisanal or coastal fishermen. |
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(19)

Existing rules restricting access to resources within the 12 nautical mile zones of Member States have operated satisfactorily, benefiting conservation by restricting fishing effort in the most sensitive part of Union waters. Those rules have also preserved the traditional fishing activities on which the social and economic development of certain coastal communities is highly dependent. Those rules should therefore continue to apply. Member States should endeavour to give preferential access for small-scale, artisanal or coastal fishermen.

| (20) | Small offshore islands which are dependent on fishing should, where appropriate, be especially recognised and supported in order to enable them to survive and prosper. |
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(20)

Small offshore islands which are dependent on fishing should, where appropriate, be especially recognised and supported in order to enable them to survive and prosper.

| (21) | Marine biological resources around the Union outermost regions referred to in the first paragraph of Article 349 of the Treaty should be especially protected since they contribute to the preservation of the local economy of those territories, having regard to their structural, social and economic situation. Certain fishing activities in those waters should therefore be limited to fishing vessels registered in the ports of those territories. |
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(21)

Marine biological resources around the Union outermost regions referred to in the first paragraph of Article 349 of the Treaty should be especially protected since they contribute to the preservation of the local economy of those territories, having regard to their structural, social and economic situation. Certain fishing activities in those waters should therefore be limited to fishing vessels registered in the ports of those territories.

| (22) | In order to contribute to the conservation of living aquatic resources and marine ecosystems, the Union should endeavour to protect areas that are biologically sensitive, by designating them as protected areas. In such areas, it should be possible to restrict or to prohibit fishing activities. When deciding which areas to designate, particular attention should be paid to those in which there is clear evidence of heavy concentrations of fish below minimum conservation reference size and of spawning grounds, and to areas which are deemed to be bio-geographically sensitive. Account should also be taken of existing conservation areas. In order to facilitate the designation process, Member States should identify suitable areas, including areas that form part of a coherent network, and, where appropriate, should cooperate with one another, preparing and sending joint recommendations to the Commission. In order to establish protected areas more effectively, it should be possible for the Commission to be empowered to establish them in a multiannual plan. In order to ensure a suitable level of democratic accountability and control, the Commission should regularly report to the European Parliament and to the Council on the functioning of those protected areas. |
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(22)

In order to contribute to the conservation of living aquatic resources and marine ecosystems, the Union should endeavour to protect areas that are biologically sensitive, by designating them as protected areas. In such areas, it should be possible to restrict or to prohibit fishing activities. When deciding which areas to designate, particular attention should be paid to those in which there is clear evidence of heavy concentrations of fish below minimum conservation reference size and of spawning grounds, and to areas which are deemed to be bio-geographically sensitive. Account should also be taken of existing conservation areas. In order to facilitate the designation process, Member States should identify suitable areas, including areas that form part of a coherent network, and, where appropriate, should cooperate with one another, preparing and sending joint recommendations to the Commission. In order to establish protected areas more effectively, it should be possible for the Commission to be empowered to establish them in a multiannual plan. In order to ensure a suitable level of democratic accountability and control, the Commission should regularly report to the European Parliament and to the Council on the functioning of those protected areas.

| (23) | The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multiannual approach to fisheries management, establishing as a priority multiannual plans reflecting the specificities of different fisheries. |
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(23)

The objective of sustainable exploitation of marine biological resources is more effectively achieved through a multiannual approach to fisheries management, establishing as a priority multiannual plans reflecting the specificities of different fisheries.

| (24) | Multiannual plans should, where possible, cover multiple stocks where those stocks are jointly exploited. The multiannual plans should establish the framework for the sustainable exploitation of stocks and marine ecosystems concerned, defining clear time-frames and safeguard mechanisms for unforeseen developments. Multiannual plans should also be governed by clearly defined management objectives in order to contribute to the sustainable exploitation of the stocks and to the protection of the marine ecosystems concerned. Those plans should be adopted in consultation with Advisory Councils, operators in the fishing industry, scientists and other stakeholders having an interest in fisheries management. |
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(24)

Multiannual plans should, where possible, cover multiple stocks where those stocks are jointly exploited. The multiannual plans should establish the framework for the sustainable exploitation of stocks and marine ecosystems concerned, defining clear time-frames and safeguard mechanisms for unforeseen developments. Multiannual plans should also be governed by clearly defined management objectives in order to contribute to the sustainable exploitation of the stocks and to the protection of the marine ecosystems concerned. Those plans should be adopted in consultation with Advisory Councils, operators in the fishing industry, scientists and other stakeholders having an interest in fisheries management.

| (25) | Directive 2009/147/EC of the European Parliament and of the Council (12), Council Directive 92/43/EEC (13) and Directive 2008/56/EC impose certain obligations on Member States as regards special protection areas, special areas of conservation and marine protected areas, respectively. Such measures might require the adoption of measures falling under the CFP. It is, therefore, appropriate to authorise Member States to adopt, in the waters under their sovereignty or jurisdiction, such conservation measures that are necessary to comply with their obligations under those Union acts where such measures do not affect the fisheries interests of other Member States. Where such measures might affect fisheries interests of other Member States, the power to adopt such measures should be granted to the Commission and recourse should be had to regional cooperation among the Member States concerned. |
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(25)

Directive 2009/147/EC of the European Parliament and of the Council (12), Council Directive 92/43/EEC (13) and Directive 2008/56/EC impose certain obligations on Member States as regards special protection areas, special areas of conservation and marine protected areas, respectively. Such measures might require the adoption of measures falling under the CFP. It is, therefore, appropriate to authorise Member States to adopt, in the waters under their sovereignty or jurisdiction, such conservation measures that are necessary to comply with their obligations under those Union acts where such measures do not affect the fisheries interests of other Member States. Where such measures might affect fisheries interests of other Member States, the power to adopt such measures should be granted to the Commission and recourse should be had to regional cooperation among the Member States concerned.

| (26) | Measures are needed to reduce the current high levels of unwanted catches and to gradually eliminate discards. Unwanted catches and discards constitute a substantial waste and negatively affect the sustainable exploitation of marine biological resources and marine ecosystems and the financial viability of fisheries. An obligation to land all catches ("the landing obligation") of species which are subject to catch limits and, in the Mediterranean Sea, also catches of species which are subject to minimum sizes, made during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented and rules that have so far obliged fishermen to discard should be repealed. |
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(26)

Measures are needed to reduce the current high levels of unwanted catches and to gradually eliminate discards. Unwanted catches and discards constitute a substantial waste and negatively affect the sustainable exploitation of marine biological resources and marine ecosystems and the financial viability of fisheries. An obligation to land all catches ("the landing obligation") of species which are subject to catch limits and, in the Mediterranean Sea, also catches of species which are subject to minimum sizes, made during fishing activities in Union waters or by Union fishing vessels should be established and gradually implemented and rules that have so far obliged fishermen to discard should be repealed.

| (27) | The landing obligation should be introduced on a fishery-by-fishery basis. Fishermen should be allowed to continue discarding species which, according to the best available scientific advice, have a high survival rate when released into the sea. |
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(27)

The landing obligation should be introduced on a fishery-by-fishery basis. Fishermen should be allowed to continue discarding species which, according to the best available scientific advice, have a high survival rate when released into the sea.

| (28) | In order to make the landing obligation workable and to mitigate the effect of varying yearly catch compositions, Member States should be allowed to transfer quotas between years, up to a certain percentage. |
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(28)

In order to make the landing obligation workable and to mitigate the effect of varying yearly catch compositions, Member States should be allowed to transfer quotas between years, up to a certain percentage.

| (29) | In the management of the landing obligation, it is necessary that Member States do their utmost to reduce unwanted catches. To this end, improvements of selective fishing techniques to avoid and reduce, as far as possible, unwanted catches must have high priority. It is important for Member States to distribute quotas between vessels in a mix that reflects as far as possible the expected composition of species in the fisheries. In the event of a mismatch between available quotas and actual fishing pattern, Member States should consider adjustments through quota swaps with other Member States, including on a permanent basis. Member States should also consider facilitating the pooling by vessel owners of individual quotas, for example at the level of producer organisations or groups of vessel owners. Ultimately, Member States should consider counting by-catch species against the quota of the target species, depending on the conservation status of the by-catch species. |
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(29)

In the management of the landing obligation, it is necessary that Member States do their utmost to reduce unwanted catches. To this end, improvements of selective fishing techniques to avoid and reduce, as far as possible, unwanted catches must have high priority. It is important for Member States to distribute quotas between vessels in a mix that reflects as far as possible the expected composition of species in the fisheries. In the event of a mismatch between available quotas and actual fishing pattern, Member States should consider adjustments through quota swaps with other Member States, including on a permanent basis. Member States should also consider facilitating the pooling by vessel owners of individual quotas, for example at the level of producer organisations or groups of vessel owners. Ultimately, Member States should consider counting by-catch species against the quota of the target species, depending on the conservation status of the by-catch species.

| (30) | The destination of landings of catches of fish under the minimum conservation reference size should be limited and should exclude sale for human consumption. |
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(30)

The destination of landings of catches of fish under the minimum conservation reference size should be limited and should exclude sale for human consumption.

| (31) | In order to cater for unwanted catches that are unavoidable even when all the measures for their reduction are applied, certain de minimis exemptions from the landing obligation should be established for the fisheries to which the landing obligation applies, primarily through multiannual plans. |
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(31)

In order to cater for unwanted catches that are unavoidable even when all the measures for their reduction are applied, certain de minimis exemptions from the landing obligation should be established for the fisheries to which the landing obligation applies, primarily through multiannual plans.

| (32) | Subject to scientific advice and without jeopardising the objectives of maximum sustainable yield or increasing fishing mortality, where the landing obligation, including the obligation to document catches, applies, an increase of related fishing opportunities should be possible, in order to take into account the fact that fish previously discarded will be landed. |
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(32)

Subject to scientific advice and without jeopardising the objectives of maximum sustainable yield or increasing fishing mortality, where the landing obligation, including the obligation to document catches, applies, an increase of related fishing opportunities should be possible, in order to take into account the fact that fish previously discarded will be landed.

| (33) | Access to a fishery should be based on transparent and objective criteria including those of an environmental, social and economic nature. Member States should promote responsible fishing by providing incentives to those operators who fish in the least environmentally damaging way and who provide the greatest benefits for society. |
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(33)

Access to a fishery should be based on transparent and objective criteria including those of an environmental, social and economic nature. Member States should promote responsible fishing by providing incentives to those operators who fish in the least environmentally damaging way and who provide the greatest benefits for society.

| (34) | For stocks for which no multiannual plan has been established, exploitation rates delivering maximum sustainable yield should be ensured by setting catch or fishing effort limits. If available data is insufficient, fisheries should be managed by using approximative parameters. |
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(34)

For stocks for which no multiannual plan has been established, exploitation rates delivering maximum sustainable yield should be ensured by setting catch or fishing effort limits. If available data is insufficient, fisheries should be managed by using approximative parameters.

| (35) | In view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing, it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among Member States, based on a predictable share of the stocks for each Member State. |
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(35)

In view of the precarious economic state of the fishing industry and the dependence of certain coastal communities on fishing, it is necessary to ensure the relative stability of fishing activities by allocating fishing opportunities among Member States, based on a predictable share of the stocks for each Member State.

| (36) | Such relative stability of fishing activities, given the temporary biological situation of stocks, should safeguard and take full account of the particular needs of regions where local communities are especially dependent on fisheries and related activities, as decided by the Council in its Resolution of 3 November 1976 (14), and in particular Annex VII thereto. |
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(36)

Such relative stability of fishing activities, given the temporary biological situation of stocks, should safeguard and take full account of the particular needs of regions where local communities are especially dependent on fisheries and related activities, as decided by the Council in its Resolution of 3 November 1976 (14), and in particular Annex VII thereto.

| (37) | Therefore, it is in this sense that the concept of relative stability should be understood. |
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(37)

Therefore, it is in this sense that the concept of relative stability should be understood.

| (38) | The Commission should be authorised to adopt temporary measures in the event of a serious threat, requiring immediate action, to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities. Those measures should be established within defined time-frames and should be operational for a fixed period of time. |
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(38)

The Commission should be authorised to adopt temporary measures in the event of a serious threat, requiring immediate action, to the conservation of marine biological resources or to the marine ecosystem resulting from fishing activities. Those measures should be established within defined time-frames and should be operational for a fixed period of time.

| (39) | Member States should cooperate at regional level in order to adopt joint recommendations and other instruments for the development and implementation of conservation measures and measures affecting fishing activity in areas protected by environmental law. In the framework of regional cooperation, the Commission should only adopt conservation measures through implementing acts or delegated acts where all Member States concerned in a region agree on a joint recommendation. In the absence of a joint recommendation, the Commission should submit a proposal for the relevant measures pursuant to the Treaty. |
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(39)

Member States should cooperate at regional level in order to adopt joint recommendations and other instruments for the development and implementation of conservation measures and measures affecting fishing activity in areas protected by environmental law. In the framework of regional cooperation, the Commission should only adopt conservation measures through implementing acts or delegated acts where all Member States concerned in a region agree on a joint recommendation. In the absence of a joint recommendation, the Commission should submit a proposal for the relevant measures pursuant to the Treaty.

| (40) | Member States should be empowered to adopt conservation and management measures for stocks in Union waters applicable solely to Union fishing vessels flying their flag. |
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(40)

Member States should be empowered to adopt conservation and management measures for stocks in Union waters applicable solely to Union fishing vessels flying their flag.

| (41) | In their 12 nautical mile zones, Member States should be empowered to adopt conservation and management measures applicable to all Union fishing vessels, provided that, where such measures apply to Union fishing vessels from other Member States, they are non-discriminatory, prior consultation of other Member States concerned has taken place and the Union has not adopted measures specifically addressing conservation and management within the 12 nautical mile zone concerned. |
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(41)

In their 12 nautical mile zones, Member States should be empowered to adopt conservation and management measures applicable to all Union fishing vessels, provided that, where such measures apply to Union fishing vessels from other Member States, they are non-discriminatory, prior consultation of other Member States concerned has taken place and the Union has not adopted measures specifically addressing conservation and management within the 12 nautical mile zone concerned.

| (42) | Member States should be able to introduce a system of transferable fishing concessions. |
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(42)

Member States should be able to introduce a system of transferable fishing concessions.

| (43) | Member States should take specific measures to align the number of Union fishing vessels with available resources, based on their assessments of the balance between the fishing capacity of their fleets and the fishing opportunities available to them. The assessments should be made in accordance with Commission guidelines and be presented in an annual report to be transmitted to the Commission. Those reports should be made public. Each Member State should be able to choose the measures and instruments which it wishes to adopt in order to reduce excessive fishing capacity. |
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(43)

Member States should take specific measures to align the number of Union fishing vessels with available resources, based on their assessments of the balance between the fishing capacity of their fleets and the fishing opportunities available to them. The assessments should be made in accordance with Commission guidelines and be presented in an annual report to be transmitted to the Commission. Those reports should be made public. Each Member State should be able to choose the measures and instruments which it wishes to adopt in order to reduce excessive fishing capacity.

| (44) | In addition, compulsory maximum fleet capacity ceilings and national entry/exit schemes in relation to decommissioning funding should be maintained for the purpose of managing and adjusting fishing capacity. |
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(44)

In addition, compulsory maximum fleet capacity ceilings and national entry/exit schemes in relation to decommissioning funding should be maintained for the purpose of managing and adjusting fishing capacity.

| (45) | Member States should record the minimum information on characteristics and activities of Union fishing vessels flying their flag. Those records should be made available to the Commission for the purpose of monitoring the size of Member States' fleets. |
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(45)

Member States should record the minimum information on characteristics and activities of Union fishing vessels flying their flag. Those records should be made available to the Commission for the purpose of monitoring the size of Member States' fleets.

| (46) | Fisheries management based on the best available scientific advice requires harmonised, reliable and accurate data sets. Therefore, Member States should collect data on fleets and their fishing activities, in particular biological data on catches, including discards and survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem. Member States should manage and make the collected data available to end-users and to other interested parties. Member States should cooperate with each other and with the Commission to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries regarding data collection. Member States should provide the Commission, for its assessment, with an annual report on their data collection activities, which shall be made public. |
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(46)

Fisheries management based on the best available scientific advice requires harmonised, reliable and accurate data sets. Therefore, Member States should collect data on fleets and their fishing activities, in particular biological data on catches, including discards and survey information on fish stocks and on the potential environmental impact of fishing activities on the marine ecosystem. Member States should manage and make the collected data available to end-users and to other interested parties. Member States should cooperate with each other and with the Commission to coordinate data collection activities. Where relevant, Member States should also cooperate with third countries regarding data collection. Member States should provide the Commission, for its assessment, with an annual report on their data collection activities, which shall be made public.

| (47) | Data collection should include data which facilitate the economic assessment of undertakings active in the fisheries sector, in aquaculture and in the processing of fisheries and aquaculture products and of employment trends in those industries. |
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(47)

Data collection should include data which facilitate the economic assessment of undertakings active in the fisheries sector, in aquaculture and in the processing of fisheries and aquaculture products and of employment trends in those industries.

| (48) | The Scientific, Technical and Economic Committee for Fisheries (STECF), as established by Commission Decision 2005/629/EC (15), may be consulted on matters pertaining to the conservation and management of marine biological resources in order to ensure the required assistance of highly qualified scientific personnel, particularly in the application of biological, economic, environmental, social and technical disciplines. |
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(48)

The Scientific, Technical and Economic Committee for Fisheries (STECF), as established by Commission Decision 2005/629/EC (15), may be consulted on matters pertaining to the conservation and management of marine biological resources in order to ensure the required assistance of highly qualified scientific personnel, particularly in the application of biological, economic, environmental, social and technical disciplines.

| (49) | Policy-oriented fisheries science should be reinforced by means of nationally-adopted fisheries scientific data collection, research and innovation programmes implemented in coordination with other Member States and within Union research and innovation frameworks. Better cooperation between industry and scientists should also be fostered. |
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(49)

Policy-oriented fisheries science should be reinforced by means of nationally-adopted fisheries scientific data collection, research and innovation programmes implemented in coordination with other Member States and within Union research and innovation frameworks. Better cooperation between industry and scientists should also be fostered.

| (50) | The Union should promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, and promoting a level–playing field for Union operators and third-country operators. To this end, the Union should seek to lead the process of strengthening the performance of regional and international organisations in order to better enable them to conserve and manage marine living resources under their purview, including combating illegal, unreported and unregulated (IUU) fishing. The Union should cooperate with third countries and international organisations for the purpose of improving compliance with international measures, including combating IUU. The position of the Union should be based on the best available scientific advice. |
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(50)

The Union should promote the objectives of the CFP internationally, ensuring that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law, and promoting a level–playing field for Union operators and third-country operators. To this end, the Union should seek to lead the process of strengthening the performance of regional and international organisations in order to better enable them to conserve and manage marine living resources under their purview, including combating illegal, unreported and unregulated (IUU) fishing. The Union should cooperate with third countries and international organisations for the purpose of improving compliance with international measures, including combating IUU. The position of the Union should be based on the best available scientific advice.

| (51) | Sustainable fisheries partnership agreements with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice and relevant information exchange, ensuring a sustainable exploitation of the marine biological resources, transparency as regards the determination of the surplus and, consequently, a management of the resources that is consistent with the objectives of the CFP. Those agreements, which provide for access to resources commensurate with the interests of the Union fleet in exchange for a financial contribution from the Union, should contribute to the establishment of a high quality governance framework to ensure, in particular, efficient data collection, monitoring, control and surveillance measures. |
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(51)

Sustainable fisheries partnership agreements with third countries should ensure that Union fishing activities in third country waters are based on the best available scientific advice and relevant information exchange, ensuring a sustainable exploitation of the marine biological resources, transparency as regards the determination of the surplus and, consequently, a management of the resources that is consistent with the objectives of the CFP. Those agreements, which provide for access to resources commensurate with the interests of the Union fleet in exchange for a financial contribution from the Union, should contribute to the establishment of a high quality governance framework to ensure, in particular, efficient data collection, monitoring, control and surveillance measures.

| (52) | Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, and for the principle of the rule of law, should constitute an essential element of sustainable fisheries partnership agreements, which should contain a specific human rights clause. The introduction of a human rights clause in sustainable fisheries partnership agreements should be fully consistent with the overall Union development policy objectives. |
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(52)

Respect for democratic principles and human rights, as laid down in the Universal Declaration of Human Rights and other relevant international human rights instruments, and for the principle of the rule of law, should constitute an essential element of sustainable fisheries partnership agreements, which should contain a specific human rights clause. The introduction of a human rights clause in sustainable fisheries partnership agreements should be fully consistent with the overall Union development policy objectives.

| (53) | Aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the Union so as to guarantee long-term food security, including food supplies, as well as growth and employment for Union citizens, and to contribute to meeting the growing world demand for aquatic food. |
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(53)

Aquaculture should contribute to the preservation of the food production potential on a sustainable basis throughout the Union so as to guarantee long-term food security, including food supplies, as well as growth and employment for Union citizens, and to contribute to meeting the growing world demand for aquatic food.

| (54) | The Commission's Strategy for the Sustainable Development of European Aquaculture adopted in 2009, which was welcomed and endorsed by the Council and welcomed by the European Parliament, noted the need for the creation and promotion of a level-playing field for aquaculture as the basis for its sustainable development. |
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(54)

The Commission's Strategy for the Sustainable Development of European Aquaculture adopted in 2009, which was welcomed and endorsed by the Council and welcomed by the European Parliament, noted the need for the creation and promotion of a level-playing field for aquaculture as the basis for its sustainable development.

| (55) | Aquaculture activities in the Union are influenced by different conditions across national borders, including as regards authorisations for the operators. Therefore, Union strategic guidelines for national strategic plans should be developed to improve the competitiveness of the aquaculture industry, supporting its development and innovation, and encouraging economic activity, diversification and improving the quality of life in coastal and inland areas. Furthermore, mechanisms should be introduced for the exchange between Member States of information and best practices through an open method of coordination of national measures concerning business security, access to Union waters and space, and the simplification of licensing procedures. |
| --- | --- |

(55)

Aquaculture activities in the Union are influenced by different conditions across national borders, including as regards authorisations for the operators. Therefore, Union strategic guidelines for national strategic plans should be developed to improve the competitiveness of the aquaculture industry, supporting its development and innovation, and encouraging economic activity, diversification and improving the quality of life in coastal and inland areas. Furthermore, mechanisms should be introduced for the exchange between Member States of information and best practices through an open method of coordination of national measures concerning business security, access to Union waters and space, and the simplification of licensing procedures.

| (56) | The specific nature of aquaculture requires an Advisory Council for stakeholder consultation on elements of Union policies which could affect aquaculture. |
| --- | --- |

(56)

The specific nature of aquaculture requires an Advisory Council for stakeholder consultation on elements of Union policies which could affect aquaculture.

| (57) | There is a need to strengthen the competitiveness of the Union fishery and aquaculture sector, and for simplification in support of better management of its production and marketing activities. The common market organisation for fishery and aquaculture products should ensure a level-playing field for all fishery and aquaculture products marketed in the Union regardless of their origin, should enable consumers to make better informed choices and support responsible consumption, and should improve the economic knowledge and understanding of the Union markets along the supply chain. |
| --- | --- |

(57)

There is a need to strengthen the competitiveness of the Union fishery and aquaculture sector, and for simplification in support of better management of its production and marketing activities. The common market organisation for fishery and aquaculture products should ensure a level-playing field for all fishery and aquaculture products marketed in the Union regardless of their origin, should enable consumers to make better informed choices and support responsible consumption, and should improve the economic knowledge and understanding of the Union markets along the supply chain.

| (58) | The common market organisation should be implemented in compliance with international commitments of the Union, in particular with regard to the provisions of the World Trade Organisation. |
| --- | --- |

(58)

The common market organisation should be implemented in compliance with international commitments of the Union, in particular with regard to the provisions of the World Trade Organisation.

| (59) | In order to ensure compliance with the rules of the CFP, an effective system of control, inspection and enforcement should be established, that includes the fight against IUU fishing activities. |
| --- | --- |

(59)

In order to ensure compliance with the rules of the CFP, an effective system of control, inspection and enforcement should be established, that includes the fight against IUU fishing activities.

| (60) | The use of modern and effective technologies should be promoted in the framework of the Union system for control, inspection, and enforcement. Member States and the Commission should have the possibility to conduct pilot projects on new control technologies and data management systems. |
| --- | --- |

(60)

The use of modern and effective technologies should be promoted in the framework of the Union system for control, inspection, and enforcement. Member States and the Commission should have the possibility to conduct pilot projects on new control technologies and data management systems.

| (61) | In order to ensure that the conditions in different Member States for the application of control and enforcement rules are comparable, cooperation between Member States on identifying effective, proportionate and dissuasive penalties should be encouraged. |
| --- | --- |

(61)

In order to ensure that the conditions in different Member States for the application of control and enforcement rules are comparable, cooperation between Member States on identifying effective, proportionate and dissuasive penalties should be encouraged.

| (62) | In order to ensure the involvement of operators in the Union data collection and in the Union system for control, inspection, and enforcement, Member States should be able to require their operators to contribute proportionally to the corresponding operational costs. |
| --- | --- |

(62)

In order to ensure the involvement of operators in the Union data collection and in the Union system for control, inspection, and enforcement, Member States should be able to require their operators to contribute proportionally to the corresponding operational costs.

| (63) | The objectives of the CFP cannot be sufficiently achieved by Member States alone, given the problems encountered in the development of the fishing industry and its management, and the limits on the financial resources of the Member States. Therefore, to contribute to the achievement of those objectives, multiannual Union financial assistance should be granted that is focused on the priorities of the CFP and tailored to the specific features of the fishing industry in individual Member States. |
| --- | --- |

(63)

The objectives of the CFP cannot be sufficiently achieved by Member States alone, given the problems encountered in the development of the fishing industry and its management, and the limits on the financial resources of the Member States. Therefore, to contribute to the achievement of those objectives, multiannual Union financial assistance should be granted that is focused on the priorities of the CFP and tailored to the specific features of the fishing industry in individual Member States.

| (64) | Union financial assistance should be made conditional upon compliance by Member States and operators, including vessel owners, with the rules of the CFP. Subject to specific rules to be adopted, Union financial assistance should be interrupted, suspended or corrected in cases of non-compliance with a specific obligation of the CFP by a Member State or a serious infringement of those rules by an operator. |
| --- | --- |

(64)

Union financial assistance should be made conditional upon compliance by Member States and operators, including vessel owners, with the rules of the CFP. Subject to specific rules to be adopted, Union financial assistance should be interrupted, suspended or corrected in cases of non-compliance with a specific obligation of the CFP by a Member State or a serious infringement of those rules by an operator.

| (65) | Dialogue with stakeholders has proven to be essential for achieving the objectives of the CFP. Taking into account the diverse conditions throughout Union waters and the increased regionalisation of the CFP, Advisory Councils should enable the CFP to benefit from the knowledge and experience of all stakeholders. |
| --- | --- |

(65)

Dialogue with stakeholders has proven to be essential for achieving the objectives of the CFP. Taking into account the diverse conditions throughout Union waters and the increased regionalisation of the CFP, Advisory Councils should enable the CFP to benefit from the knowledge and experience of all stakeholders.

| (66) | In view of the special characteristics of the outermost regions, of aquaculture, of markets and of the Black Sea, it is appropriate to establish a new Advisory Council for each of them. |
| --- | --- |

(66)

In view of the special characteristics of the outermost regions, of aquaculture, of markets and of the Black Sea, it is appropriate to establish a new Advisory Council for each of them.

| (67) | The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the adoption of conservation measures accompanying certain environmental obligations by Member States, the adapting of the landing obligation for the purpose of complying with the Union's international obligations, the extension of the landing obligation to other species using the regionalisation process, the adoption of specific discard plans using the regionalisation process, the adoption of de minimis exemptions to the landing obligation if no other implementation measure for that obligation has been adopted, and the establishment of detailed rules for the functioning of Advisory Councils. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(67)

The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the adoption of conservation measures accompanying certain environmental obligations by Member States, the adapting of the landing obligation for the purpose of complying with the Union's international obligations, the extension of the landing obligation to other species using the regionalisation process, the adoption of specific discard plans using the regionalisation process, the adoption of de minimis exemptions to the landing obligation if no other implementation measure for that obligation has been adopted, and the establishment of detailed rules for the functioning of Advisory Councils. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (68) | In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of temporary measures to alleviate a serious threat to the conservation of marine biological resources, of the entry-exit scheme in fleet management and of the recording, format and transmission of data for the Union fishing fleet register, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (16). |
| --- | --- |

(68)

In order to ensure uniform conditions for the implementation of the provisions of this Regulation in respect of temporary measures to alleviate a serious threat to the conservation of marine biological resources, of the entry-exit scheme in fleet management and of the recording, format and transmission of data for the Union fishing fleet register, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (16).

| (69) | In accordance with the principle of proportionality, as set out in Article 5 of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve its objectives. |
| --- | --- |

(69)

In accordance with the principle of proportionality, as set out in Article 5 of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve its objectives.

| (70) | Council Decision 2004/585/EC (17) should be repealed upon entry in force of the corresponding rules pursuant to this Regulation. |
| --- | --- |

(70)

Council Decision 2004/585/EC (17) should be repealed upon entry in force of the corresponding rules pursuant to this Regulation.

| (71) | By reason of the number and importance of the amendments to be made, Regulation (EC) No 2371/2002 should be repealed, |
| --- | --- |

(71)

By reason of the number and importance of the amendments to be made, Regulation (EC) No 2371/2002 should be repealed,

HAVE ADOPTED THIS REGULATION:

PART I

GENERAL PROVISIONS

Article 1

Scope

1.   The Common Fisheries Policy (CFP) shall cover:

| (a) | the conservation of marine biological resources and the management of fisheries and fleets exploiting such resources; |
| --- | --- |

(a)

the conservation of marine biological resources and the management of fisheries and fleets exploiting such resources;

| (b) | in relation to measures on markets and financial measures in support of the implementation of the CFP: fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products. |
| --- | --- |

(b)

in relation to measures on markets and financial measures in support of the implementation of the CFP: fresh water biological resources, aquaculture, and the processing and marketing of fisheries and aquaculture products.

2.   The CFP shall cover the activities referred to in paragraph 1 where they are carried out:

| (a) | on the territory of Member States to which the Treaty applies; |
| --- | --- |

(a)

on the territory of Member States to which the Treaty applies;

| (b) | in Union waters, including by fishing vessels flying the flag of, and registered in, third countries; |
| --- | --- |

(b)

in Union waters, including by fishing vessels flying the flag of, and registered in, third countries;

| (c) | by Union fishing vessels outside Union waters; or |
| --- | --- |

(c)

by Union fishing vessels outside Union waters; or

| (d) | by nationals of Member States, without prejudice to the primary responsibility of the flag State. |
| --- | --- |

(d)

by nationals of Member States, without prejudice to the primary responsibility of the flag State.

Article 2

Objectives

1.   The CFP shall ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies.

2.   The CFP shall apply the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield.

In order to reach the objective of progressively restoring and maintaining populations of fish stocks above biomass levels capable of producing maximum sustainable yield, the maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and, on a progressive, incremental basis at the latest by 2020 for all stocks.

3.   The CFP shall implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised, and shall endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment.

4.   The CFP shall contribute to the collection of scientific data.

5.   The CFP shall, in particular:

| (a) | gradually eliminate discards, on a case-by-case basis, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches are landed; |
| --- | --- |

(a)

gradually eliminate discards, on a case-by-case basis, taking into account the best available scientific advice, by avoiding and reducing, as far as possible, unwanted catches, and by gradually ensuring that catches are landed;

| (b) | where necessary, make the best use of unwanted catches, without creating a market for such of those catches that are below the minimum conservation reference size; |
| --- | --- |

(b)

where necessary, make the best use of unwanted catches, without creating a market for such of those catches that are below the minimum conservation reference size;

| (c) | provide conditions for economically viable and competitive fishing capture and processing industry and land-based fishing related activity; |
| --- | --- |

(c)

provide conditions for economically viable and competitive fishing capture and processing industry and land-based fishing related activity;

| (d) | provide for measures to adjust the fishing capacity of the fleets to levels of fishing opportunities consistent with paragraph 2, with a view to having economically viable fleets without overexploiting marine biological resources; |
| --- | --- |

(d)

provide for measures to adjust the fishing capacity of the fleets to levels of fishing opportunities consistent with paragraph 2, with a view to having economically viable fleets without overexploiting marine biological resources;

| (e) | promote the development of sustainable Union aquaculture activities to contribute to food supplies and security and employment; |
| --- | --- |

(e)

promote the development of sustainable Union aquaculture activities to contribute to food supplies and security and employment;

| (f) | contribute to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects; |
| --- | --- |

(f)

contribute to a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects;

| (g) | contribute to an efficient and transparent internal market for fisheries and aquaculture products and contribute to ensuring a level–playing field for fisheries and aquaculture products marketed in the Union; |
| --- | --- |

(g)

contribute to an efficient and transparent internal market for fisheries and aquaculture products and contribute to ensuring a level–playing field for fisheries and aquaculture products marketed in the Union;

| (h) | take into account the interests of both consumers and producers; |
| --- | --- |

(h)

take into account the interests of both consumers and producers;

| (i) | promote coastal fishing activities, taking into account socio-economic aspects; |
| --- | --- |

(i)

promote coastal fishing activities, taking into account socio-economic aspects;

| (j) | be coherent with the Union environmental legislation, in particular with the objective of achieving a good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC, as well as with other Union policies. |
| --- | --- |

(j)

be coherent with the Union environmental legislation, in particular with the objective of achieving a good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC, as well as with other Union policies.

Article 3

Principles of good governance

The CFP shall be guided by the following principles of good governance:

| (a) | the clear definition of responsibilities at the Union, regional, national and local levels; |
| --- | --- |

(a)

the clear definition of responsibilities at the Union, regional, national and local levels;

| (b) | the taking into account of regional specificities, through a regionalised approach; |
| --- | --- |

(b)

the taking into account of regional specificities, through a regionalised approach;

| (c) | the establishment of measures in accordance with the best available scientific advice; |
| --- | --- |

(c)

the establishment of measures in accordance with the best available scientific advice;

| (d) | a long-term perspective; |
| --- | --- |

(d)

a long-term perspective;

| (e) | administrative cost efficiency; |
| --- | --- |

(e)

administrative cost efficiency;

| (f) | appropriate involvement of stakeholders, in particular Advisory Councils, at all stages - from conception to implementation of the measures; |
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(f)

appropriate involvement of stakeholders, in particular Advisory Councils, at all stages - from conception to implementation of the measures;

| (g) | the primary responsibility of the flag State; |
| --- | --- |

(g)

the primary responsibility of the flag State;

| (h) | consistency with other Union policies; |
| --- | --- |

(h)

consistency with other Union policies;

| (i) | the use of impact assessments as appropriate; |
| --- | --- |

(i)

the use of impact assessments as appropriate;

| (j) | coherence between the internal and external dimension of the CFP; |
| --- | --- |

(j)

coherence between the internal and external dimension of the CFP;

| (k) | transparency of data handling in accordance with existing legal requirements, with due respect for private life, the protection of personal data and confidentiality rules; availability of data to the appropriate scientific bodies, other bodies with a scientific or management interest, and other defined end-users. |
| --- | --- |

(k)

transparency of data handling in accordance with existing legal requirements, with due respect for private life, the protection of personal data and confidentiality rules; availability of data to the appropriate scientific bodies, other bodies with a scientific or management interest, and other defined end-users.

Article 4

Definitions

1.   For the purpose of this Regulation the following definitions shall apply:

| (1) | 'Union waters' means the waters under the sovereignty or jurisdiction of the Member States, with the exception of the waters adjacent to the territories listed in Annex II to the Treaty; |
| --- | --- |

(1)

'Union waters' means the waters under the sovereignty or jurisdiction of the Member States, with the exception of the waters adjacent to the territories listed in Annex II to the Treaty;

| (2) | 'marine biological resources' means available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life; |
| --- | --- |

(2)

'marine biological resources' means available and accessible living marine aquatic species, including anadromous and catadromous species during their marine life;

| (3) | 'fresh water biological resources' means available and accessible living fresh water aquatic species; |
| --- | --- |

(3)

'fresh water biological resources' means available and accessible living fresh water aquatic species;

| (4) | 'fishing vessel' means any vessel equipped for commercial exploitation of marine biological resources or a blue fin tuna trap; |
| --- | --- |

(4)

'fishing vessel' means any vessel equipped for commercial exploitation of marine biological resources or a blue fin tuna trap;

| (5) | 'Union fishing vessel' means a fishing vessel flying the flag of a Member State and registered in the Union; |
| --- | --- |

(5)

'Union fishing vessel' means a fishing vessel flying the flag of a Member State and registered in the Union;

| (6) | 'entry to the fishing fleet' means registration of a fishing vessel in the fishing vessel register of a Member State; |
| --- | --- |

(6)

'entry to the fishing fleet' means registration of a fishing vessel in the fishing vessel register of a Member State;

| (7) | 'maximum sustainable yield' means the highest theoretical equilibrium yield that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process; |
| --- | --- |

(7)

'maximum sustainable yield' means the highest theoretical equilibrium yield that can be continuously taken on average from a stock under existing average environmental conditions without significantly affecting the reproduction process;

| (8) | 'precautionary approach to fisheries management', as referred to in Article 6 of the UN Fish Stocks Agreement, means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment; |
| --- | --- |

(8)

'precautionary approach to fisheries management', as referred to in Article 6 of the UN Fish Stocks Agreement, means an approach according to which the absence of adequate scientific information should not justify postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment;

| (9) | 'ecosystem-based approach to fisheries management' means an integrated approach to managing fisheries within ecologically meaningful boundaries which seeks to manage the use of natural resources, taking account of fishing and other human activities, while preserving both the biological wealth and the biological processes necessary to safeguard the composition, structure and functioning of the habitats of the ecosystem affected, by taking into account the knowledge and uncertainties regarding biotic, abiotic and human components of ecosystems; |
| --- | --- |

(9)

'ecosystem-based approach to fisheries management' means an integrated approach to managing fisheries within ecologically meaningful boundaries which seeks to manage the use of natural resources, taking account of fishing and other human activities, while preserving both the biological wealth and the biological processes necessary to safeguard the composition, structure and functioning of the habitats of the ecosystem affected, by taking into account the knowledge and uncertainties regarding biotic, abiotic and human components of ecosystems;

| (10) | 'discards' means catches that are returned to the sea; |
| --- | --- |

(10)

'discards' means catches that are returned to the sea;

| (11) | 'low impact fishing' means utilising selective fishing techniques which have a low detrimental impact on marine ecosystems or which may result in low fuel emissions, or both; |
| --- | --- |

(11)

'low impact fishing' means utilising selective fishing techniques which have a low detrimental impact on marine ecosystems or which may result in low fuel emissions, or both;

| (12) | 'selective fishing' means fishing with fishing methods or fishing gears that target and capture organisms by size or species during the fishing operation, allowing non-target specimens to be avoided or released unharmed; |
| --- | --- |

(12)

'selective fishing' means fishing with fishing methods or fishing gears that target and capture organisms by size or species during the fishing operation, allowing non-target specimens to be avoided or released unharmed;

| (13) | 'fishing mortality rate' means the rate at which biomass or individuals are removed from a stock by means of fishery activities over a given period; |
| --- | --- |

(13)

'fishing mortality rate' means the rate at which biomass or individuals are removed from a stock by means of fishery activities over a given period;

| (14) | 'stock' means a marine biological resource that occurs in a given management area; |
| --- | --- |

(14)

'stock' means a marine biological resource that occurs in a given management area;

| (15) | 'catch limit' means, as appropriate, either a quantitative limit on catches of a fish stock or group of fish stocks over a given period where such fish stocks or group of fish stocks are subject to an obligation to land, or a quantitative limit on landings of a fish stock or group of fish stocks over a given period for which the obligation to land does not apply; |
| --- | --- |

(15)

'catch limit' means, as appropriate, either a quantitative limit on catches of a fish stock or group of fish stocks over a given period where such fish stocks or group of fish stocks are subject to an obligation to land, or a quantitative limit on landings of a fish stock or group of fish stocks over a given period for which the obligation to land does not apply;

| (16) | 'conservation reference point' means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example in respect of an acceptable level of biological risk or a desired level of yield; |
| --- | --- |

(16)

'conservation reference point' means values of fish stock population parameters (such as biomass or fishing mortality rate) used in fisheries management, for example in respect of an acceptable level of biological risk or a desired level of yield;

| (17) | 'minimum conservation reference size' means the size of a living marine aquatic species taking into account maturity, as established by Union law, below which restrictions or incentives apply that aim to avoid capture through fishing activity; such size replaces, where relevant, the minimum landing size; |
| --- | --- |

(17)

'minimum conservation reference size' means the size of a living marine aquatic species taking into account maturity, as established by Union law, below which restrictions or incentives apply that aim to avoid capture through fishing activity; such size replaces, where relevant, the minimum landing size;

| (18) | 'stock within safe biological limits' means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim); |
| --- | --- |

(18)

'stock within safe biological limits' means a stock with a high probability that its estimated spawning biomass at the end of the previous year is higher than the limit biomass reference point (Blim) and its estimated fishing mortality rate for the previous year is less than the limit fishing mortality rate reference point (Flim);

| (19) | 'safeguard' means a precautionary measure designed to avoid something undesirable occurring; |
| --- | --- |

(19)

'safeguard' means a precautionary measure designed to avoid something undesirable occurring;

| (20) | 'technical measure' means a measure that regulates the composition of catches by species and size and the impacts on components of the ecosystems resulting from fishing activities by establishing conditions for the use and structure of fishing gear and restrictions on access to fishing areas; |
| --- | --- |

(20)

'technical measure' means a measure that regulates the composition of catches by species and size and the impacts on components of the ecosystems resulting from fishing activities by establishing conditions for the use and structure of fishing gear and restrictions on access to fishing areas;

| (21) | 'fishing effort' means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it is the sum of the fishing effort of all vessels in the group; |
| --- | --- |

(21)

'fishing effort' means the product of the capacity and the activity of a fishing vessel; for a group of fishing vessels it is the sum of the fishing effort of all vessels in the group;

| (22) | 'Member State having a direct management interest' means a Member State which has an interest consisting of either fishing opportunities or a fishery taking place in the exclusive economic zone of the Member State concerned, or, in the Mediterranean Sea, a traditional fishery on the high seas; |
| --- | --- |

(22)

'Member State having a direct management interest' means a Member State which has an interest consisting of either fishing opportunities or a fishery taking place in the exclusive economic zone of the Member State concerned, or, in the Mediterranean Sea, a traditional fishery on the high seas;

| (23) | 'transferable fishing concession' means a revocable user entitlement to a specific part of fishing opportunities allocated to a Member State or established in a management plan adopted by a Member State in accordance with Article 19 of Council Regulation (EC) No 1967/2006 (18), which the holder may transfer; |
| --- | --- |

(23)

'transferable fishing concession' means a revocable user entitlement to a specific part of fishing opportunities allocated to a Member State or established in a management plan adopted by a Member State in accordance with Article 19 of Council Regulation (EC) No 1967/2006 (18), which the holder may transfer;

| (24) | 'fishing capacity' means a vessel's tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86 (19); |
| --- | --- |

(24)

'fishing capacity' means a vessel's tonnage in GT (Gross Tonnage) and its power in kW (Kilowatt) as defined in Articles 4 and 5 of Council Regulation (EEC) No 2930/86 (19);

| (25) | 'aquaculture' means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting; |
| --- | --- |

(25)

'aquaculture' means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting;

| (26) | 'fishing licence' means a licence as defined in point (9) of Article 4 of Council Regulation (EC) No 1224/2009 (20); |
| --- | --- |

(26)

'fishing licence' means a licence as defined in point (9) of Article 4 of Council Regulation (EC) No 1224/2009 (20);

| (27) | 'fishing authorisation' means an authorisation as defined in point (10) of Article 4 of Regulation (EC) No 1224/2009; |
| --- | --- |

(27)

'fishing authorisation' means an authorisation as defined in point (10) of Article 4 of Regulation (EC) No 1224/2009;

| (28) | 'fishing activity' means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products; |
| --- | --- |

(28)

'fishing activity' means searching for fish, shooting, setting, towing, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of fish and fishery products;

| (29) | 'fishery products' means aquatic organisms resulting from any fishing activity or products derived therefrom; |
| --- | --- |

(29)

'fishery products' means aquatic organisms resulting from any fishing activity or products derived therefrom;

| (30) | 'operator' means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products; |
| --- | --- |

(30)

'operator' means the natural or legal person who operates or holds any undertaking carrying out any of the activities related to any stage of production, processing, marketing, distribution and retail chains of fisheries and aquaculture products;

| (31) | 'serious infringement' means an infringement that is defined as such in relevant Union law, including in Article 42(1) of Council Regulation (EC) No 1005/2008 (21) and in Article 90(1) of Regulation (EC) No 1224/2009; |
| --- | --- |

(31)

'serious infringement' means an infringement that is defined as such in relevant Union law, including in Article 42(1) of Council Regulation (EC) No 1005/2008 (21) and in Article 90(1) of Regulation (EC) No 1224/2009;

| (32) | 'end-user of scientific data' means a body with a research or management interest in the scientific analysis of data in the fisheries sector; |
| --- | --- |

(32)

'end-user of scientific data' means a body with a research or management interest in the scientific analysis of data in the fisheries sector;

| (33) | 'surplus of allowable catch' means that part of the allowable catch which a coastal State does not harvest, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above desired levels based on the best available scientific advice; |
| --- | --- |

(33)

'surplus of allowable catch' means that part of the allowable catch which a coastal State does not harvest, resulting in an overall exploitation rate for individual stocks that remains below levels at which stocks are capable of restoring themselves and maintaining populations of harvested species above desired levels based on the best available scientific advice;

| (34) | 'aquaculture products' means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom; |
| --- | --- |

(34)

'aquaculture products' means aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom;

| (35) | 'spawning stock biomass' means an estimate of the mass of the fish of a particular stock that reproduces at a defined time, including both males and females and fish that reproduce viviparously; |
| --- | --- |

(35)

'spawning stock biomass' means an estimate of the mass of the fish of a particular stock that reproduces at a defined time, including both males and females and fish that reproduce viviparously;

| (36) | 'mixed fisheries' means fisheries in which more than one species is present and where different species are likely to be caught in the same fishing operation; |
| --- | --- |

(36)

'mixed fisheries' means fisheries in which more than one species is present and where different species are likely to be caught in the same fishing operation;

| (37) | 'sustainable fisheries partnership agreement' means an international agreement concluded with a third state for the purpose of obtaining access to waters and resources in order to sustainably exploit a share of the surplus of marine biological resources, in exchange for financial compensation from the Union, which may include sectoral support. |
| --- | --- |

(37)

'sustainable fisheries partnership agreement' means an international agreement concluded with a third state for the purpose of obtaining access to waters and resources in order to sustainably exploit a share of the surplus of marine biological resources, in exchange for financial compensation from the Union, which may include sectoral support.

2.   For the purposes of this Regulation, the following geographical definitions of geographical areas shall apply:

| (a) | 'North Sea' means ICES zones (22) IIIa and IV; |
| --- | --- |

(a)

'North Sea' means ICES zones (22) IIIa and IV;

| (b) | 'Baltic Sea' means ICES zones IIIb, IIIc and IIId; |
| --- | --- |

(b)

'Baltic Sea' means ICES zones IIIb, IIIc and IIId;

| (c) | 'North Western waters' means ICES zones V (excluding Va and only Union waters of Vb), VI and VII; |
| --- | --- |

(c)

'North Western waters' means ICES zones V (excluding Va and only Union waters of Vb), VI and VII;

| (d) | 'South Western waters' means ICES zones VIII, IX and X (waters around Azores), and CECAF zones (23) 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands); |
| --- | --- |

(d)

'South Western waters' means ICES zones VIII, IX and X (waters around Azores), and CECAF zones (23) 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands);

| (e) | 'Mediterranean Sea' means Maritime Waters of the Mediterranean to the East of line 5°36′ West; |
| --- | --- |

(e)

'Mediterranean Sea' means Maritime Waters of the Mediterranean to the East of line 5°36′ West;

| (f) | 'Black Sea' means the GFCM (General Fisheries Commission for the Mediterranean) geographical sub-area as defined in Resolution GFCM/33/2009/2. |
| --- | --- |

(f)

'Black Sea' means the GFCM (General Fisheries Commission for the Mediterranean) geographical sub-area as defined in Resolution GFCM/33/2009/2.

PART II

ACCESS TO WATERS

Article 5

General rules on access to waters

1.   Union fishing vessels shall have equal access to waters and resources in all Union waters other than those referred to in paragraphs 2 and 3, subject to the measures adopted under Part III.

2.   In the waters up to 12 nautical miles from baselines under their sovereignty or jurisdiction, Member States shall be authorised, until 31 December 2022, to restrict fishing to fishing vessels that traditionally fish in those waters from ports on the adjacent coast, without prejudice to the arrangements for Union fishing vessels flying the flag of other Member States under existing neighbourhood relations between Member States and the arrangements contained in Annex I, fixing for each Member State the geographical zones within the coastal bands of other Member States where fishing activities are pursued and the species concerned. Member States shall inform the Commission of the restrictions put in place under this paragraph.

3.   In the waters up to 100 nautical miles from the baselines of the Union outermost regions referred to in the first paragraph of Article 349 of the Treaty, the Member States concerned shall be authorised, until 31 December 2022, to restrict fishing to vessels registered in the ports of those territories. Such restrictions shall not apply to Union vessels that traditionally fish in those waters, in so far as those vessels do not exceed the fishing effort traditionally exerted. Member States shall inform the Commission of the restrictions put in place under this paragraph.

4.   The measures which are to apply after the expiry of the arrangements set out in paragraphs 2 and 3 shall be adopted by 31 December 2022.

PART III

MEASURES FOR THE CONSERVATION AND SUSTAINABLE EXPLOITATION OF MARINE BIOLOGICAL RESOURCES

TITLE I

Conservation measures

Article 6

General provisions

1.   For the purpose of achieving the objectives of the CFP in respect of the conservation and sustainable exploitation of marine biological resources as set out in Article 2, the Union shall adopt conservation measures as set out in Article 7.

2.   When applying this Regulation, the Commission shall consult the relevant advisory bodies and the relevant scientific bodies. Conservation measures shall be adopted taking into account available scientific, technical and economic advice, including, where relevant, reports drawn up by STECF and other advisory bodies, advice received from Advisory Councils and joint recommendations made by Member States pursuant to Article 18.

3.   Member States may cooperate with one another for the purpose of adopting measures pursuant to Articles 11, 15 and 18.

4.   Member States shall coordinate with one another before adopting national measures pursuant to Article 20(2).

5.   In specific cases, in particular as regards the Mediterranean region, Member States may be empowered to adopt legally binding acts in the area of the CFP, including conservation measures. Article 18 shall apply, where appropriate.

Article 7

Types of conservation measures

1.   Measures for the conservation and sustainable exploitation of marine biological resources may include, inter alia, the following:

| (a) | multiannual plans under Articles 9 and 10; |
| --- | --- |

(a)

multiannual plans under Articles 9 and 10;

| (b) | targets for the conservation and sustainable exploitation of stocks and related measures to minimise the impact of fishing on the marine environment; |
| --- | --- |

(b)

targets for the conservation and sustainable exploitation of stocks and related measures to minimise the impact of fishing on the marine environment;

| (c) | measures to adapt the fishing capacity of fishing vessels to available fishing opportunities; |
| --- | --- |

(c)

measures to adapt the fishing capacity of fishing vessels to available fishing opportunities;

| (d) | incentives, including those of an economic nature, such as fishing opportunities, to promote fishing methods that contribute to more selective fishing, to the avoidance and reduction, as far as possible, of unwanted catches, and to fishing with low impact on the marine ecosystem and fishery resources; |
| --- | --- |

(d)

incentives, including those of an economic nature, such as fishing opportunities, to promote fishing methods that contribute to more selective fishing, to the avoidance and reduction, as far as possible, of unwanted catches, and to fishing with low impact on the marine ecosystem and fishery resources;

| (e) | measures on the fixing and allocation of fishing opportunities; |
| --- | --- |

(e)

measures on the fixing and allocation of fishing opportunities;

| (f) | measures to achieve the objectives of Article 15; |
| --- | --- |

(f)

measures to achieve the objectives of Article 15;

| (g) | minimum conservation reference sizes; |
| --- | --- |

(g)

minimum conservation reference sizes;

| (h) | pilot projects on alternative types of fishing management techniques and on gears that increase selectivity or that minimise the negative impact of fishing activities on the marine environment; |
| --- | --- |

(h)

pilot projects on alternative types of fishing management techniques and on gears that increase selectivity or that minimise the negative impact of fishing activities on the marine environment;

| (i) | measures necessary for compliance with obligations under Union environmental legislation adopted pursuant to Article 11; |
| --- | --- |

(i)

measures necessary for compliance with obligations under Union environmental legislation adopted pursuant to Article 11;

| (j) | technical measures as referred to in paragraph 2. |
| --- | --- |

(j)

technical measures as referred to in paragraph 2.

2.   Technical measures may include, inter alia, the following:

| (a) | characteristics of fishing gears and rules concerning their use; |
| --- | --- |

(a)

characteristics of fishing gears and rules concerning their use;

| (b) | specifications on the construction of fishing gear, including:






  (i) | modifications or additional devices to improve selectivity or to minimise the negative impact on the ecosystem; |
| --- | --- | --- |

(b)

specifications on the construction of fishing gear, including:

(i)

modifications or additional devices to improve selectivity or to minimise the negative impact on the ecosystem;

| (ii) | modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species, as well as to reduce other unwanted catches; |
| --- | --- |

(ii)

modifications or additional devices to reduce the incidental capture of endangered, threatened and protected species, as well as to reduce other unwanted catches;

| (c) | limitations or prohibitions on the use of certain fishing gears, and on fishing activities, in certain areas or periods; |
| --- | --- |

(c)

limitations or prohibitions on the use of certain fishing gears, and on fishing activities, in certain areas or periods;

| (d) | requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect temporary aggregations of endangered species, spawning fish, fish below minimum conservation reference size, and other vulnerable marine resources; |
| --- | --- |

(d)

requirements for fishing vessels to cease operating in a defined area for a defined minimum period in order to protect temporary aggregations of endangered species, spawning fish, fish below minimum conservation reference size, and other vulnerable marine resources;

| (e) | specific measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems, including measures to avoid and reduce, as far as possible, unwanted catches. |
| --- | --- |

(e)

specific measures to minimise the negative impact of fishing activities on marine biodiversity and marine ecosystems, including measures to avoid and reduce, as far as possible, unwanted catches.

Article 8

Establishment of fish stock recovery areas

1.   The Union shall, while taking due account of existing conservation areas, endeavour to establish protected areas due to their biological sensitivity, including areas where there is clear evidence of heavy concentrations of fish below minimum conservation reference size and of spawning grounds. In such areas fishing activities may be restricted or prohibited in order to contribute to the conservation of living aquatic resources and marine ecosystems. The Union shall continue to give additional protection to existing biologically sensitive areas.

2.   For those purposes, Member States shall identify, where possible, suitable areas which may form part of a coherent network and shall prepare, where appropriate, joint recommendations in accordance with Article 18(7) with a view to the Commission submitting a proposal in accordance with the Treaty.

3.   The Commission may be empowered in a multiannual plan to establish such biologically sensitive protected areas. Article 18(1) to (6) shall apply. The Commission shall report regularly to the European Parliament and to the Council on protected areas.

TITLE II

Specific measures

Article 9

Principles and objectives of multiannual plans

1.   Multiannual plans shall be adopted as a priority, based on scientific, technical and economic advice, and shall contain conservation measures to restore and maintain fish stocks above levels capable of producing maximum sustainable yield in accordance with Article 2(2).

2.   Where targets relating to the maximum sustainable yield as referred to in Article 2(2) cannot be determined, owing to insufficient data, the multiannual plans shall provide for measures based on the precautionary approach, ensuring at least a comparable degree of conservation of the relevant stocks.

3.   Multiannual plans shall cover either:

| (a) | single species; or |
| --- | --- |

(a)

single species; or

| (b) | in the case of mixed fisheries or where the dynamics of stocks relate to one another, fisheries exploiting several stocks in a relevant geographical area, taking into account knowledge about the interactions between fish stocks, fisheries and marine ecosystems. |
| --- | --- |

(b)

in the case of mixed fisheries or where the dynamics of stocks relate to one another, fisheries exploiting several stocks in a relevant geographical area, taking into account knowledge about the interactions between fish stocks, fisheries and marine ecosystems.

4.   The measures to be included in multiannual plans, and the calendar for implementing them, shall be proportionate to the objectives and targets pursued and to the time-frame envisaged. Before measures are included in the multiannual plans, account shall be taken of their likely economic and social impact.

5.   Multiannual plans may contain specific conservation objectives and measures based on the ecosystem approach in order to address the specific problems of mixed fisheries in relation to the achievement of the objectives set out in Article 2(2) for the mixture of stocks covered by the plan in cases where scientific advice indicates that increases in selectivity cannot be achieved. Where necessary, the multiannual plan shall include specific alternative conservation measures, based on the ecosystem approach, for some of the stocks that it covers.

Article 10

Content of multiannual plans

1.   As appropriate and without prejudice to the respective competences under the Treaty, a multiannual plan shall include:

| (a) | the scope, in terms of stocks, fishery and the area to which the multiannual plan shall be applied; |
| --- | --- |

(a)

the scope, in terms of stocks, fishery and the area to which the multiannual plan shall be applied;

| (b) | objectives that are consistent with the objectives set out in Article 2 and with the relevant provisions of Articles 6 and 9; |
| --- | --- |

(b)

objectives that are consistent with the objectives set out in Article 2 and with the relevant provisions of Articles 6 and 9;

| (c) | quantifiable targets such as fishing mortality rates and/or spawning stock biomass; |
| --- | --- |

(c)

quantifiable targets such as fishing mortality rates and/or spawning stock biomass;

| (d) | clear time-frames to reach the quantifiable targets; |
| --- | --- |

(d)

clear time-frames to reach the quantifiable targets;

| (e) | conservation reference points consistent with the objectives set out in Article 2; |
| --- | --- |

(e)

conservation reference points consistent with the objectives set out in Article 2;

| (f) | objectives for conservation and technical measures to be taken in order to achieve the targets set out in Article 15, and measures designed to avoid and reduce, as far as possible, unwanted catches; |
| --- | --- |

(f)

objectives for conservation and technical measures to be taken in order to achieve the targets set out in Article 15, and measures designed to avoid and reduce, as far as possible, unwanted catches;

| (g) | safeguards to ensure that quantifiable targets are met, as well as remedial action, where needed, including for situations where the deteriorating quality of data or non-availability put the sustainability of the stock at risk. |
| --- | --- |

(g)

safeguards to ensure that quantifiable targets are met, as well as remedial action, where needed, including for situations where the deteriorating quality of data or non-availability put the sustainability of the stock at risk.

2.   A multiannual plan may also include:

| (a) | other conservation measures, in particular measures to gradually eliminate discards, taking into account the best available scientific advice, or to minimise the negative impact of fishing on the ecosystem, to be further specified, where appropriate, in accordance with Article 18; |
| --- | --- |

(a)

other conservation measures, in particular measures to gradually eliminate discards, taking into account the best available scientific advice, or to minimise the negative impact of fishing on the ecosystem, to be further specified, where appropriate, in accordance with Article 18;

| (b) | quantifiable indicators for periodic monitoring and assessment of progress in achieving the targets of the multiannual plan; |
| --- | --- |

(b)

quantifiable indicators for periodic monitoring and assessment of progress in achieving the targets of the multiannual plan;

| (c) | where appropriate, specific objectives for the freshwater part of the life cycle of anadromous and catadromous species. |
| --- | --- |

(c)

where appropriate, specific objectives for the freshwater part of the life cycle of anadromous and catadromous species.

3.   A multiannual plan shall provide for its revision after an initial ex-post evaluation, in particular to take account of changes in scientific advice.

Article 11

Conservation measures necessary for compliance with obligations under Union environmental legislation

1.   Member States are empowered to adopt conservation measures not affecting fishing vessels of other Member States that are applicable to waters under their sovereignty or jurisdiction and that are necessary for the purpose of complying with their obligations under Article 13(4) of Directive 2008/56/EC, Article 4 of Directive 2009/147/EC or Article 6 of Directive 92/43/EEC, provided that those measures are compatible with the objectives set out in Article 2 of this Regulation, meet the objectives of the relevant Union legislation that they intend to implement, and are at least as stringent as measures under Union law.

2.   Where a Member State ("the initiating Member State") considers that measures need to be adopted for the purpose of complying with the obligations referred to in paragraph 1 and other Member States have a direct management interest in the fishery to be affected by such measures, the Commission shall be empowered to adopt such measures, upon request, by means of delegated acts in accordance with Article 46. For this purpose, Article 18(1) to (4) and (6) shall apply mutatis mutandis.

3.   The initiating Member State shall provide the Commission and the other Member States having a direct management interest with relevant information on the measures required, including their rationale, scientific evidence in support and details on their practical implementation and enforcement. The initiating Member State and the other Member States having a direct management interest may submit a joint recommendation, as referred to in Article 18(1), within six months from the provision of sufficient information. The Commission shall adopt the measures, taking into account any available scientific advice, within three months from receipt of a complete request.

If not all Member States succeed in agreeing on a joint recommendation to be submitted to the Commission in accordance with the first subparagraph within the deadline set therein, or if the joint recommendation is deemed not to be compatible with the requirements referred to in paragraph 1, the Commission may submit a proposal in accordance with the Treaty.

4.   By way of derogation from paragraph 3, in the absence of a joint recommendation referred to in paragraph 3, in cases of urgency, the Commission shall adopt the measures. The measures to be adopted in a case of urgency shall be limited to those in the absence of which the achievement of the objectives associated with the establishment of the conservation measures in accordance with the Directives referred to in paragraph 1 and the Member State's intentions, is in jeopardy.

5.   The measures referred to in paragraph 4 shall apply for a maximum period of 12 months which may be extended for a maximum period of 12 months where the conditions provided for in that paragraph continue to exist.

6.   The Commission shall facilitate cooperation between the Member State concerned and the other Member States having a direct management interest in the fishery in the process of implementation and enforcement of the measures adopted under paragraphs 2, 3 and 4.

Article 12

Commission measures in case of a serious threat to marine biological resources

1.   On duly justified imperative grounds of urgency relating to a serious threat to the conservation of marine biological resources or to the marine ecosystem based on evidence, the Commission, at the reasoned request of a Member State or on its own initiative, may, in order to alleviate that threat, adopt immediately applicable implementing acts applicable for a maximum period of six months in accordance with the procedure referred to in Article 47(3).

2.   The Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission, to other Member States and to the Advisory Councils concerned. The other Member States and the Advisory Councils may submit their written comments within seven working days of the receipt of the notification. The Commission shall take a decision within 15 working days of the receipt of the request referred to in paragraph 1.

3.   Before expiry of the initial period of application of immediately applicable implementing acts referred to in paragraph 1, the Commission may, where the conditions under paragraph 1 are complied with, adopt immediately applicable implementing acts extending the application of such emergency measure for a maximum period of six months with immediate effect. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 47(3).

Article 13

Member State emergency measures

1.   On the basis of evidence of a serious threat to the conservation of marine biological resources or to the marine ecosystem relating to fishing activities in waters falling under the sovereignty or jurisdiction of a Member State that require immediate action, that Member State may adopt emergency measures to alleviate the threat. Such measures shall be compatible with the objectives set out in Article 2 and no less stringent than those provided for in Union law. Such measures shall apply for a maximum period of three months.

2.   Where emergency measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consulting the Commission, the relevant Member States and the relevant Advisory Councils on a draft of the measures accompanied by an explanatory memorandum. The consulting Member State may set a reasonable deadline for the consultation which shall, however, not be shorter than one month.

3.   Where the Commission considers that a measure adopted under this Article does not comply with the conditions set out in paragraph 1, it may, subject to providing relevant reasons, request that the Member State concerned amend or repeal that measure.

Article 14

Avoidance and minimisation of unwanted catches

1.   In order to facilitate the introduction of the obligation to land all catches in the respective fishery in accordance with Article 15 ("the landing obligation"), Member States may conduct pilot projects, based on the best available scientific advice and taking into account the opinions of the relevant Advisory Councils, with the aim of fully exploring all practicable methods for the avoidance, minimisation and elimination of unwanted catches in a fishery.

2.   Member States may produce a "discard atlas" showing the level of discards in each of the fisheries which are covered by Article 15(1).

Article 15

Landing obligation

1.   All catches of species which are subject to catch limits and, in the Mediterranean, also catches of species which are subject to minimum sizes as defined in Annex III to Regulation (EC) No 1967/2006, caught during fishing activities in Union waters or by Union fishing vessels outside Union waters in waters not subject to third countries' sovereignty or jurisdiction, in the fisheries and geographical areas listed below shall be brought and retained on board the fishing vessels, recorded, landed and counted against the quotas where applicable, except when used as live bait, in accordance with the following time-frames:

| (a) | From 1 January 2015 at the latest:






  — | small pelagic fisheries (i.e. fisheries for mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat); |
| --- | --- | --- |

(a)

From 1 January 2015 at the latest:

—

small pelagic fisheries (i.e. fisheries for mackerel, herring, horse mackerel, blue whiting, boarfish, anchovy, argentine, sardine, sprat);

| — | large pelagic fisheries (i.e. fisheries for bluefin tuna, swordfish, albacore tuna, bigeye tuna, blue and white marlin); |
| --- | --- |

—

large pelagic fisheries (i.e. fisheries for bluefin tuna, swordfish, albacore tuna, bigeye tuna, blue and white marlin);

| — | fisheries for industrial purposes (inter alia, fisheries for capelin, sandeel and Norwegian pout); |
| --- | --- |

—

fisheries for industrial purposes (inter alia, fisheries for capelin, sandeel and Norwegian pout);

| — | fisheries for salmon in the Baltic Sea. |
| --- | --- |

—

fisheries for salmon in the Baltic Sea.

| (b) | From 1 January 2015 at the latest for species which define the fisheries and from 1 January 2017 at the latest for all other species in fisheries in Union waters of the Baltic Sea for species subject to catch limits other than those covered by point (a). |
| --- | --- |

(b)

From 1 January 2015 at the latest for species which define the fisheries and from 1 January 2017 at the latest for all other species in fisheries in Union waters of the Baltic Sea for species subject to catch limits other than those covered by point (a).

| (c) | From 1 January 2016 at the latest for the species which define the fisheries and from 1 January 2019 at the latest for all other species in:






  (i) | the North Sea






  — | fisheries for cod, haddock, whiting, saithe; |
| --- | --- | --- | --- |

(c)

From 1 January 2016 at the latest for the species which define the fisheries and from 1 January 2019 at the latest for all other species in:

(i)

the North Sea

—

fisheries for cod, haddock, whiting, saithe;

| — | fisheries for Norway lobster; |
| --- | --- |

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| — | fisheries for Northern prawn; |
| --- | --- |

—

fisheries for Northern prawn;

| (ii) | North Western waters






  — | fisheries for cod, haddock, whiting, saithe; |
| --- | --- | --- |

(ii)

North Western waters

—

fisheries for cod, haddock, whiting, saithe;

| — | fisheries for Norway lobster; |
| --- | --- |

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| (iii) | South Western waters






  — | fisheries for Norway lobster; |
| --- | --- | --- |

(iii)

South Western waters

—

fisheries for Norway lobster;

| — | fisheries for common sole and plaice; |
| --- | --- |

—

fisheries for common sole and plaice;

| — | fisheries for hake; |
| --- | --- |

—

fisheries for hake;

| (iv) | other fisheries for species subject to catch limits. |
| --- | --- |

(iv)

other fisheries for species subject to catch limits.

| (d) | From 1 January 2017 at the latest for species which define the fisheries and from 1 January 2019 at the latest for all other species in fisheries not covered by point (a) in the Mediterranean, in the Black Sea and in all other Union waters and in non-Union waters not subject to third countries' sovereignty or jurisdiction. |
| --- | --- |

(d)

From 1 January 2017 at the latest for species which define the fisheries and from 1 January 2019 at the latest for all other species in fisheries not covered by point (a) in the Mediterranean, in the Black Sea and in all other Union waters and in non-Union waters not subject to third countries' sovereignty or jurisdiction.

2.   Paragraph 1 shall be without prejudice to the Union's international obligations. The Commission shall be empowered to adopt delegated acts, in accordance with Article 46, for the purpose of implementing such international obligations into Union law, including, in particular, derogations from the landing obligation under this Article.

3.   Where all the Member States having a direct management interest in a particular fishery agree that the landing obligation should apply to species other than those listed in paragraph 1, they may submit a joint recommendation for the purpose of extending the application of the landing obligation to such other species. For this purpose, Article 18(1) to (6) shall apply mutatis mutandis. Where such a joint recommendation is submitted, the Commission shall be empowered to adopt delegated acts, in accordance with Article 46, containing such measures.

4.   The landing obligation referred to in paragraph 1 shall not apply to:

| (a) | species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the CFP; |
| --- | --- |

(a)

species in respect of which fishing is prohibited and which are identified as such in a Union legal act adopted in the area of the CFP;

| (b) | species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem; |
| --- | --- |

(b)

species for which scientific evidence demonstrates high survival rates, taking into account the characteristics of the gear, of the fishing practices and of the ecosystem;

| (c) | catches falling under de minimis exemptions. |
| --- | --- |

(c)

catches falling under de minimis exemptions.

5.   Details of the implementation of the landing obligation referred to in paragraph 1 shall be specified in multiannual plans referred to in Articles 9 and 10 and, where relevant, further specified in accordance with Article 18, including:

| (a) | specific provisions regarding fisheries or species covered by the landing obligation referred to in paragraph 1; |
| --- | --- |

(a)

specific provisions regarding fisheries or species covered by the landing obligation referred to in paragraph 1;

| (b) | the specification of exemptions to the landing obligation of species referred to in point (b) of paragraph 4; |
| --- | --- |

(b)

the specification of exemptions to the landing obligation of species referred to in point (b) of paragraph 4;

| (c) | provisions for de minimis exemptions of up to 5 % of total annual catches of all species subject to the landing obligation referred to in paragraph 1. The de minimis exemption shall apply in the following cases:






  (i) | where scientific evidence indicates that increases in selectivity are very difficult to achieve; or |
| --- | --- | --- |

(c)

provisions for de minimis exemptions of up to 5 % of total annual catches of all species subject to the landing obligation referred to in paragraph 1. The de minimis exemption shall apply in the following cases:

(i)

where scientific evidence indicates that increases in selectivity are very difficult to achieve; or

| (ii) | to avoid disproportionate costs of handling unwanted catches, for those fishing gears where unwanted catches per fishing gear do not represent more than a certain percentage, to be established in a plan, of total annual catch of that gear. |
| --- | --- |

(ii)

to avoid disproportionate costs of handling unwanted catches, for those fishing gears where unwanted catches per fishing gear do not represent more than a certain percentage, to be established in a plan, of total annual catch of that gear.

Catches under the provisions referred to in this point shall not be counted against the relevant quotas; however, all such catches shall be fully recorded.

For a transitional period of four years, the percentage of the total annual catches referred to in this point shall increase:

| (i) | by two percentage points in the first two years of application of the landing obligation; and |
| --- | --- |

(i)

by two percentage points in the first two years of application of the landing obligation; and

| (ii) | by one percentage point in the subsequent two years; |
| --- | --- |

(ii)

by one percentage point in the subsequent two years;

| (d) | provisions on documentation of catches; |
| --- | --- |

(d)

provisions on documentation of catches;

| (e) | where appropriate, the fixing of minimum conservation reference sizes in accordance with paragraph 10. |
| --- | --- |

(e)

where appropriate, the fixing of minimum conservation reference sizes in accordance with paragraph 10.

6.   Where no multiannual plan, or no management plan in accordance with Article 18 of Regulation (EC) No 1967/2006, is adopted for the fishery in question, the Commission shall be empowered to adopt, in accordance with Article 18 of this Regulation, delegated acts in accordance with Article 46 of this Regulation, laying down on a temporary basis and for a period of no more than three years a specific discard plan containing the specifications referred to in points (a) to (e) of paragraph 5 of this Article. Member States may cooperate, in accordance with Article 18 of this Regulation, in the drawing up of such a plan with a view to the Commission adopting such acts or submitting a proposal in accordance with the ordinary legislative procedure.

7.   Where no measures have been adopted for the purpose of specifying the de minimis exemption either in a multiannual plan in accordance with paragraph 5 or in a specific discard plan in accordance with paragraph 6, the Commission shall adopt delegated acts, in accordance with Article 46, setting the de minimis exemption referred to in point (c) of paragraph 4 which shall, subject to the conditions set out in point (c)(i) or (ii) of paragraph 5, amount to no more than 5 % of total annual catches of all species to which the landing obligation applies under paragraph 1. That de minimis exemption shall be adopted so as to apply from the date of application of the relevant landing obligation.

8.   By way of derogation from the obligation to count catches against the relevant quotas in accordance with paragraph 1, catches of species that are subject to the landing obligation and that are caught in excess of quotas of the stocks in question, or catches of species in respect of which the Member State has no quota, may be deducted from the quota of the target species provided that they do not exceed 9 % of the quota of the target species. This provision shall only apply where the stock of the non-target species is within safe biological limits.

9.   For stocks subject to the landing obligation, Member States may use a year-to-year flexibility of up to 10 % of their permitted landings. For this purpose, a Member State may allow landing of additional quantities of the stock that is subject to the landing obligation provided that such quantities do not exceed 10 % of the quota allocated to that Member State. Article 105 of Regulation (EC) No 1224/2009 shall apply.

10.   Minimum conservation reference sizes may be established with the aim of ensuring the protection of juveniles of marine organisms.

11.   For the species subject to the landing obligation as specified in paragraph 1, the use of catches of species below the minimum conservation reference size shall be restricted to purposes other than direct human consumption, including fish meal, fish oil, pet food, food additives, pharmaceuticals and cosmetics.

12.   For species that are not subject to the landing obligation as specified in paragraph 1, the catches of species below the minimum conservation reference size shall not be retained on board, but shall be returned immediately to the sea.

13.   For the purpose of monitoring compliance with the landing obligation, Member States shall ensure detailed and accurate documentation of all fishing trips and adequate capacity and means, such as observers, closed-circuit television (CCTV) and others. In doing so, Member States shall respect the principle of efficiency and proportionality.

Article 16

Fishing opportunities

1.   Fishing opportunities allocated to Member States shall ensure relative stability of fishing activities of each Member State for each fish stock or fishery. The interests of each Member State shall be taken into account when new fishing opportunities are allocated.

2.   When the landing obligation in respect of a fish stock is introduced, fishing opportunities shall be fixed taking into account the change from fixing fishing opportunities that reflect landings to fixing fishing opportunities that reflect catches, on the basis of the fact that, for the first and subsequent years, discarding of that stock will no longer be allowed.

3.   Where new scientific evidence shows that there is a significant disparity between the fishing opportunities that have been fixed for a specific stock and the actual state of that stock, Member States having a direct management interest may submit a reasoned request to the Commission for it to submit a proposal to alleviate that disparity, while respecting the objectives set out in Article 2(2).

4.   Fishing opportunities shall be fixed in accordance with the objectives set out in Article 2(2) and shall comply with quantifiable targets, time-frames and margins established in accordance with Article 9(2) and points (b) and (c) of Article 10(1).

5.   Measures on the fixing and allocation of fishing opportunities available to third countries in Union waters shall be established in accordance with the Treaty.

6.   Each Member State shall decide how the fishing opportunities that are allocated to it, and which are not subject to a system of transferable fishing concessions, may be allocated to vessels flying its flag (e.g. by creating individual fishing opportunities). It shall inform the Commission of the allocation method.

7.   For the allocation of fishing opportunities pertaining to mixed fisheries, Member States shall take account of the likely catch composition of vessels participating in such fisheries.

8.   Member States may, after notifying the Commission, exchange all or part of the fishing opportunities allocated to them.

Article 17

Criteria for the allocation of fishing opportunities by Member States

When allocating the fishing opportunities available to them, as referred to in Article 16, Member States shall use transparent and objective criteria including those of an environmental, social and economic nature. The criteria to be used may include, inter alia, the impact of fishing on the environment, the history of compliance, the contribution to the local economy and historic catch levels. Within the fishing opportunities allocated to them, Member States shall endeavour to provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact, such as reduced energy consumption or habitat damage.

TITLE III

Regionalisation

Article 18

Regional cooperation on conservation measures

1.   Where the Commission has been granted powers, including in a multiannual plan established pursuant to Articles 9 and 10, as well as in cases provided for in Articles 11 and 15(6), to adopt measures by means of delegated or implementing acts in respect of a Union conservation measure applying to a relevant geographical area, Member States having a direct management interest affected by those measures may, within a deadline to be stipulated in the relevant conservation measure and/or multiannual plan, agree to submit joint recommendations for achieving the objectives of the relevant Union conservation measures, the multiannual plans or the specific discard plans. The Commission shall not adopt any such delegated or implementing acts before the expiry of the deadline for submission of joint recommendations by the Member States.

2.   For the purpose of paragraph 1, Member States having a direct management interest affected by the measures referred to in paragraph 1 shall cooperate with one another in formulating joint recommendations. They shall also consult the relevant Advisory Councils. The Commission shall facilitate the cooperation between Member States, including, where necessary, by ensuring that a scientific contribution is obtained from the relevant scientific bodies.

3.   Where a joint recommendation is submitted under paragraph 1, the Commission may adopt those measures by means of delegated or implementing acts, provided that such recommendation is compatible with the relevant conservation measure and/or multiannual plan.

4.   Where the conservation measure applies to a specific fish stock shared with third countries and managed by multilateral fisheries organisations or under bilateral or multilateral agreements, the Union shall endeavour to agree with the relevant partners the measures that are necessary to achieve the objectives set out in Article 2.

5.   Member States shall ensure that the joint recommendations on conservation measures to be adopted pursuant to paragraph 1 are based on the best available scientific advice and fulfil all of the following requirements:

| (a) | they are compatible with the objectives set out in Article 2; |
| --- | --- |

(a)

they are compatible with the objectives set out in Article 2;

| (b) | they are compatible with the scope and objectives of the relevant conservation measure; |
| --- | --- |

(b)

they are compatible with the scope and objectives of the relevant conservation measure;

| (c) | they are compatible with the scope and meet the objectives and quantifiable targets set out in a relevant multiannual plan effectively; |
| --- | --- |

(c)

they are compatible with the scope and meet the objectives and quantifiable targets set out in a relevant multiannual plan effectively;

| (d) | they are at least as stringent as measures under Union law. |
| --- | --- |

(d)

they are at least as stringent as measures under Union law.

6.   If all Member States do not succeed in agreeing on joint recommendations to be submitted to the Commission in accordance with paragraph 1 within a set deadline or if the joint recommendations on conservation measures are deemed not to be compatible with the objectives and quantifiable targets of the conservation measures in question, the Commission may submit a proposal for appropriate measures in accordance with the Treaty.

7.   In addition to the cases referred to in paragraph 1, Member States having a direct management interest in a fishery in a defined geographical area may also make joint recommendations to the Commission on measures to be proposed or adopted by the Commission.

8.   As a supplementary or alternative method of regional cooperation, Member States will be empowered, in a Union conservation measure that applies to a relevant geographical area, including in a multiannual plan established pursuant to Articles 9 and 10, to adopt within a set deadline measures further specifying that conservation measure. The Member States concerned shall closely cooperate in the adoption of such measures. Paragraphs 2, 4 and 5 of this Article shall apply mutatis mutandis. The Commission shall be associated and its comments shall be taken into account. Member States shall only adopt their respective national measures if an agreement on the content of those measures has been reached by all the Member States concerned. Where the Commission considers that a Member State's measure does not comply with the conditions set out in the relevant conservation measure, it may, subject to providing relevant reasons, request that the Member State concerned amend or repeal that measure.

TITLE IV

National measures

Article 19

Member State measures applicable to fishing vessels flying their flag or to persons established in their territory

1.   A Member State may adopt measures for the conservation of fish stocks in Union waters provided that those measures fulfil all of the following requirements:

| (a) | they apply solely to fishing vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in that part of its territory to which the Treaty applies; |
| --- | --- |

(a)

they apply solely to fishing vessels flying the flag of that Member State or, in the case of fishing activities which are not conducted by a fishing vessel, to persons established in that part of its territory to which the Treaty applies;

| (b) | they are compatible with the objectives set out in Article 2; |
| --- | --- |

(b)

they are compatible with the objectives set out in Article 2;

| (c) | they are at least as stringent as measures under Union law. |
| --- | --- |

(c)

they are at least as stringent as measures under Union law.

2.   A Member State shall, for control purposes, inform the other Member States concerned of provisions adopted pursuant to paragraph 1.

3.   Member States shall make publicly available appropriate information concerning the measures adopted in accordance with this Article.

Article 20

Member State measures within the 12 nautical mile zone

1.   A Member State may take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within 12 nautical miles of its baselines provided that the Union has not adopted measures addressing conservation and management specifically for that area or specifically addressing the problem identified by the Member State concerned. The Member State measures shall be compatible with the objectives set out in Article 2 and shall be at least as stringent as measures under Union law.

2.   Where conservation and management measures to be adopted by a Member State are liable to affect fishing vessels of other Member States, such measures shall be adopted only after consulting the Commission, the relevant Member States and the relevant Advisory Councils on a draft of the measures, which shall be accompanied by an explanatory memorandum that demonstrates, inter alia, that those measures are non-discriminatory. For the purpose of such consultation, the consulting Member State may set a reasonable deadline, which shall, however, not be shorter than two months.

3.   Member States shall make publicly available appropriate information concerning the measures adopted in accordance with this Article.

4.   Where the Commission considers that a measure adopted under this Article does not comply with the conditions set out in paragraph 1, it may, subject to providing relevant reasons, request that the Member State concerned amends or repeals the relevant measure.

PART IV

MANAGEMENT OF FISHING CAPACITY

Article 21

Establishment of systems of transferable fishing concessions

Member States may establish a system of transferable fishing concessions. Member States having such a system shall establish and maintain a register of transferable fishing concessions.

Article 22

Adjustment and management of fishing capacity

1.   Member States shall put in place measures to adjust the fishing capacity of their fleet to their fishing opportunities over time, taking into account trends and based on best scientific advice, with the objective of achieving a stable and enduring balance between them.

2.   In order to achieve the objective referred to in paragraph 1, Member States shall send to the Commission, by 31 May each year, a report on the balance between the fishing capacity of their fleets and their fishing opportunities. To facilitate a common approach across the Union, that report shall be prepared in accordance with common guidelines which may be developed by the Commission indicating the relevant technical, social and economic parameters.

The report shall contain the annual capacity assessment of the national fleet and of all fleet segments of the Member State. The report shall seek to identify structural overcapacity by segment and shall estimate the long-term profitability by segment. The reports shall be made publicly available.

3.   With regard to the assessment referred to in the second subparagraph of paragraph 2, Member States shall base their analysis on the balance between the fishing capacity of their fleets and their fishing opportunities. Separate assessments shall be drawn up for fleets operating in the outermost regions and for vessels operating exclusively outside Union waters.

4.   If the assessment clearly demonstrates that the fishing capacity is not effectively balanced with fishing opportunities, the Member State shall prepare and include in its report an action plan for the fleet segments with identified structural overcapacity. The action plan shall set out the adjustment targets and tools to achieve a balance and a clear time-frame for its implementation.

On a yearly basis, the Commission shall prepare a report for the European Parliament and for the Council on the balance between the fishing capacity of the Member States' fleets and their fishing opportunities, in accordance with the guidelines referred to in the first subparagraph of paragraph 2. The report shall include action plans referred to in the first subparagraph of this paragraph. The first report shall be submitted by 31 March 2015.

Failure to make the report referred to in paragraph 2, and/or failure to implement the action plan referred to in the first subparagraph of this paragraph, may result in a proportionate suspension or interruption of relevant Union financial assistance to that Member State for fleet investment in the fleet segment or segments concerned in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

5.   No exit from the fleet supported by public aid shall be permitted unless preceded by the withdrawal of the fishing licence and the fishing authorisations.

6.   The fishing capacity corresponding to the fishing vessels withdrawn with public aid shall not be replaced.

7.   Member States shall ensure that from 1 January 2014 the fishing capacity of their fleets does not exceed at any time the fishing capacity ceilings set out in Annex II.

Article 23

Entry/Exit scheme

1.   Member States shall manage entries into their fleets and exits from their fleets in such a way that the entry into the fleet of new capacity without public aid is compensated for by the prior withdrawal of capacity without public aid of at least the same amount.

2.   The Commission may adopt implementing acts laying down implementing rules for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

3.   No later than 30 December 2018, the Commission shall evaluate the Entry/Exit scheme in the light of the evolving relationship between fleet capacity and prospected fishing opportunities, and propose, where appropriate, an amendment to that scheme.

Article 24

Fishing fleet registers

1.   Member States shall record the information on ownership, on vessel and gear characteristics and on the activity of Union fishing vessels flying their flag that is necessary for the management of measures established under this Regulation.

2.   Member States shall submit to the Commission the information referred to in paragraph 1.

3.   The Commission shall maintain a Union fishing fleet register containing the information that it receives pursuant paragraph 2. It shall provide public access to the Union fishing fleet register, while ensuring that personal data is adequately protected.

4.   The Commission shall adopt implementing acts, establishing technical operational requirements for the recording, format and transmission modalities of the information referred to in paragraphs 1, 2 and 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 47(2).

PART V

SCIENTIFIC BASE FOR FISHERIES MANAGEMENT

Article 25

Data requirements for fisheries management

1.   Member States shall, in accordance with the rules adopted in the area of data collection, collect biological, environmental, technical, and socio-economic data necessary for fisheries management, manage those data and make them available to end–users, including bodies designated by the Commission. The acquisition and management of such data shall be eligible for funding through the European Maritime and Fisheries Fund in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020. Those data shall, in particular, enable the assessment of:

| (a) | the state of exploited marine biological resources; |
| --- | --- |

(a)

the state of exploited marine biological resources;

| (b) | the level of fishing and the impact that fishing activities have on the marine biological resources and on the marine ecosystems; and |
| --- | --- |

(b)

the level of fishing and the impact that fishing activities have on the marine biological resources and on the marine ecosystems; and

| (c) | the socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters. |
| --- | --- |

(c)

the socio-economic performance of the fisheries, aquaculture and processing sectors within and outside Union waters.

2.   The collection, management and use of data shall be based on the following principles:

| (a) | accuracy and reliability, and collection in a timely manner; |
| --- | --- |

(a)

accuracy and reliability, and collection in a timely manner;

| (b) | the use of coordination mechanisms with a view to avoiding duplication of data collection for different purposes; |
| --- | --- |

(b)

the use of coordination mechanisms with a view to avoiding duplication of data collection for different purposes;

| (c) | safe storage and protection of collected data in computerised databases, and their public availability where appropriate, including at aggregated level, whilst ensuring confidentiality; |
| --- | --- |

(c)

safe storage and protection of collected data in computerised databases, and their public availability where appropriate, including at aggregated level, whilst ensuring confidentiality;

| (d) | access by the Commission, or by bodies designated by it, to the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data; |
| --- | --- |

(d)

access by the Commission, or by bodies designated by it, to the national databases and systems used for processing the collected data for the purpose of verification of the existence and quality of the data;

| (e) | the availability in a timely manner of the relevant data and the respective methodologies by which they are obtained, for bodies with a research or management interest in the scientific analysis of data in the fisheries sector and for any interested parties, save in circumstances where protection and confidentiality are required under applicable Union law. |
| --- | --- |

(e)

the availability in a timely manner of the relevant data and the respective methodologies by which they are obtained, for bodies with a research or management interest in the scientific analysis of data in the fisheries sector and for any interested parties, save in circumstances where protection and confidentiality are required under applicable Union law.

3.   Every year, Member States shall submit to the Commission a report on the execution of their national data collection programmes and shall make it publicly available.

The Commission shall assess the annual report on data collection after consulting its scientific advisory body and, where appropriate, regional fisheries management organisations (RFMOs) to which the Union is a contracting party or observer and relevant international scientific bodies.

4.   Member States shall ensure the national coordination of the collection and management of scientific data for fisheries management, including socio-economic data. To this end, they shall designate a national correspondent and organise an annual national coordination meeting. The Commission shall be informed of the national coordination activities and shall be invited to the coordination meetings.

5.   In close cooperation with the Commission, Member States shall coordinate their data collection activities with other Member States in the same region, and shall make every effort to coordinate their actions with third countries having sovereignty or jurisdiction over waters in the same region.

6.   The collection, management and use of data shall be carried out in a cost-effective manner.

7.   Failure by a Member State to collect and/or to provide data in a timely manner to end-users may result in a proportionate suspension or interruption of relevant Union financial assistance to that Member State, in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 26

Consulting scientific bodies

The Commission shall consult appropriate scientific bodies. STECF shall be consulted, where appropriate, on matters pertaining to the conservation and management of living marine resources, including biological, economic, environmental, social and technical considerations. Consultations of scientific bodies shall take into account the proper management of public funds, with the aim of avoiding duplication of work by such bodies.

Article 27

Research and Scientific Advice

1.   Member States shall carry out fisheries and aquaculture research and innovation programmes. They shall coordinate their fisheries research innovation and scientific advice programmes with other Member States, in close cooperation with the Commission, in the context of the Union research and innovation frameworks, involving, where appropriate, the relevant Advisory Councils. Those activities shall be eligible for funding through the Union budget in accordance with the relevant Union legal acts.

2.   Member states shall, with the involvement of the relevant stakeholders, utilising inter alia available Union financial resources and coordinating with one another, ensure availability of relevant competences and human resources to be involved in the scientific advisory process.

PART VI

EXTERNAL POLICY

Article 28

Objectives

1.   In order to ensure sustainable exploitation, management and conservation of marine biological resources and the marine environment, the Union shall conduct its external fisheries relations in accordance with its international obligations and policy objectives, as well as the objectives and principles set out in Articles 2 and 3.

2.   In particular, the Union shall:

| (a) | actively support and contribute to the development of scientific knowledge and advice; |
| --- | --- |

(a)

actively support and contribute to the development of scientific knowledge and advice;

| (b) | improve policy coherence of Union initiatives, with particular regard to environmental, trade and development activities and strengthen consistency of actions taken in the context of development cooperation and scientific, technical and economic cooperation; |
| --- | --- |

(b)

improve policy coherence of Union initiatives, with particular regard to environmental, trade and development activities and strengthen consistency of actions taken in the context of development cooperation and scientific, technical and economic cooperation;

| (c) | contribute to sustainable fishing activities that are economically viable and promote employment within the Union; |
| --- | --- |

(c)

contribute to sustainable fishing activities that are economically viable and promote employment within the Union;

| (d) | ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level–playing field for Union operators vis-à-vis third-country operators; |
| --- | --- |

(d)

ensure that Union fishing activities outside Union waters are based on the same principles and standards as those applicable under Union law in the area of the CFP, while promoting a level–playing field for Union operators vis-à-vis third-country operators;

| (e) | promote and support, in all international spheres, action necessary to eradicate IUU-fishing; |
| --- | --- |

(e)

promote and support, in all international spheres, action necessary to eradicate IUU-fishing;

| (f) | promote the establishment and the strengthening of compliance committees of RFMOs, periodical independent performance reviews and appropriate remedial actions, including effective and dissuasive penalties, which are to be applied in a transparent and non-discriminatory manner. |
| --- | --- |

(f)

promote the establishment and the strengthening of compliance committees of RFMOs, periodical independent performance reviews and appropriate remedial actions, including effective and dissuasive penalties, which are to be applied in a transparent and non-discriminatory manner.

3.   The provisions of this Part shall be without prejudice to specific provisions adopted under Article 218 of the Treaty.

TITLE I

International fisheries organisations

Article 29

Union activities in international fisheries organisations

1.   The Union shall actively support and contribute to the activities of international organisations dealing with fisheries, including RFMOs.

2.   The positions of the Union in international organisations dealing with fisheries and in RFMOs shall be based on the best available scientific advice so as to ensure that fishery resources are managed in accordance with the objectives laid down in Article 2, in particular paragraph 2 and point (c) of paragraph 5 thereof. The Union shall seek to lead the process of strengthening the performance of RFMOs so as to better enable them to conserve and manage marine living resources under their purview.

3.   The Union shall actively support the development of appropriate and transparent mechanisms for the allocation of fishing opportunities.

4.   The Union shall foster cooperation among RFMOs and consistency between their respective regulatory frameworks, and shall support the development of scientific knowledge and advice to ensure that their recommendations are based on such scientific advice.

Article 30

Compliance with international provisions

The Union shall, including through the European Fisheries Control Agency ("the Agency"), cooperate with third countries and international organisations dealing with fisheries, including RFMOs, to strengthen compliance with measures, especially those to combat IUU fishing, in order to ensure that measures adopted by such international organisations are strictly adhered to.

TITLE II

Sustainable fisheries partnership agreements

Article 31

Principles and objectives of Sustainable fisheries partnership agreements

1.   Sustainable fisheries partnership agreements with third countries shall establish a legal, environmental, economic and social governance framework for fishing activities carried out by Union fishing vessels in third country waters.

Such frameworks may include:

| (a) | development and support for the necessary scientific and research institutions; |
| --- | --- |

(a)

development and support for the necessary scientific and research institutions;

| (b) | monitoring, control and surveillance capabilities; |
| --- | --- |

(b)

monitoring, control and surveillance capabilities;

| (c) | other capacity building elements concerning the development of a sustainable fisheries policy of the third country. |
| --- | --- |

(c)

other capacity building elements concerning the development of a sustainable fisheries policy of the third country.

2.   For the purpose of ensuring the sustainable exploitation of surpluses of marine biological resources, the Union shall endeavour to ensure that the Sustainable fisheries partnership agreements with third countries are of mutual benefit to the Union and to the third country concerned, including its local population and fishing industry and that they contribute to continuing the activity of Union fleets and seek to obtain an appropriate share of the available surplus, commensurate with the Union fleets' interest.

3.   For the purpose of ensuring that Union vessels fishing under Sustainable fisheries partnership agreements operate, where appropriate, under similar standards to those applicable to Union fishing vessels fishing in Union waters, the Union shall endeavour to include in Sustainable fisheries partnership agreements appropriate provisions on obligations to land fish and fishery products.

4.   Union fishing vessels shall only catch surplus of the allowable catch as referred to in Article 62(2) and (3) of the UNCLOS, and identified, in a clear and transparent manner, on the basis of the best available scientific advice and of the relevant information exchanged between the Union and the third country about the total fishing effort on the affected stocks by all fleets. Concerning straddling or highly migratory fish stocks, the determination of the resources available for access should take due account of scientific assessments conducted at the regional level as well as conservation and management measures adopted by relevant RFMOs.

5.   Union fishing vessels shall not operate in the waters of the third country with which a Sustainable fisheries partnership agreement is in force unless they are in possession of a fishing authorisation which has been issued in accordance with that agreement.

6.   The Union shall ensure that Sustainable fisheries partnership agreements include a clause concerning respect for democratic principles and human rights, which constitutes an essential element of such agreements.

Those agreements shall also, to the extent possible, include:

| (a) | a clause prohibiting the granting of more favourable conditions to other fleets fishing in those waters than those granted to Union economic actors, including conditions concerning the conservation, development and management of resources, financial arrangements, and fees and rights relating to the issuing of fishing authorisations; |
| --- | --- |

(a)

a clause prohibiting the granting of more favourable conditions to other fleets fishing in those waters than those granted to Union economic actors, including conditions concerning the conservation, development and management of resources, financial arrangements, and fees and rights relating to the issuing of fishing authorisations;

| (b) | an exclusivity clause relating to the rule provided for in paragraph 5. |
| --- | --- |

(b)

an exclusivity clause relating to the rule provided for in paragraph 5.

7.   Efforts shall be made at Union level to monitor the activities of Union fishing vessels that operate in non–Union waters outside the framework of Sustainable fisheries partnership agreements.

8.   Member States shall ensure that Union fishing vessels flying their flag and operating outside Union waters are in a position to provide detailed and accurate documentation of all fishing and processing activities.

9.   A fishing authorisation, as referred to in paragraph 5, shall be granted to a vessel which has left the Union fishing fleet register and which has subsequently returned to it within 24 months, only if the owner of that vessel has provided to the competent authorities of the flag Member State all data required to establish that, during that period, the vessel was operating in a manner fully consistent with the standards applicable to a vessel flagged in the Union.

Where the state granting the flag during the period that the vessel was off the Union fishing fleet register became recognised under Union law as a non-cooperating state with regard to combating, deterring and eliminating IUU fishing, or as a state allowing for non-sustainable exploitation of living marine resources, such fishing authorisation shall only be granted if it is established that the vessel's fishing operations ceased and the owner took immediate action to remove the vessel from the register of that state.

10.   The Commission shall arrange for independent ex-ante and ex-post evaluations of each protocol to a Sustainable fisheries partnership agreement, and make them available to the European Parliament and to the Council in good time before it submits to the Council a recommendation to authorise the opening of negotiations for a successor protocol. A summary of such evaluations shall be made publicly available.

Article 32

Financial assistance

1.   The Union shall provide financial assistance to third countries through Sustainable fisheries partnership agreements in order to:

| (a) | support part of the cost of access to the fisheries resources in third country waters; the part of the cost of access to the fisheries resources to be paid by Union vessel owners shall be assessed for each Sustainable fisheries partnership agreement or a Protocol to it and shall be fair, non-discriminatory and commensurate with the benefits provided through the access conditions; |
| --- | --- |

(a)

support part of the cost of access to the fisheries resources in third country waters; the part of the cost of access to the fisheries resources to be paid by Union vessel owners shall be assessed for each Sustainable fisheries partnership agreement or a Protocol to it and shall be fair, non-discriminatory and commensurate with the benefits provided through the access conditions;

| (b) | establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, promote consultation processes with interest groups, and monitoring, control and surveillance capability and other capacity building items relating to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditional upon the achievement of specific results and complementary to and consistent with the development projects and programmes implemented in the third country in question. |
| --- | --- |

(b)

establish the governance framework, including the development and maintenance of the necessary scientific and research institutions, promote consultation processes with interest groups, and monitoring, control and surveillance capability and other capacity building items relating to the development of a sustainable fisheries policy driven by the third country. Such financial assistance shall be conditional upon the achievement of specific results and complementary to and consistent with the development projects and programmes implemented in the third country in question.

2.   Under each Sustainable fisheries partnership agreement, the financial assistance for sectoral support shall be decoupled from payments for access to fisheries resources. The Union shall require the achievement of specific results as a condition for payments under the financial assistance, and shall closely monitor progress.

TITLE III

Management of stocks of common interest

Article 33

Principles and objectives of management of stocks of common interest to the Union and third countries and agreements on exchange and joint management

1.   Where stocks of common interest are also exploited by third countries, the Union shall engage with those third countries with a view to ensuring that those stocks are managed in a sustainable manner that is consistent with this Regulation, and in particular with the objective laid down in Article 2(2). Where no formal agreement is reached, the Union shall make every effort to reach common arrangements for fishing of such stocks with a view to making the sustainable management possible, in particular, concerning the objective in Article 2(2), thereby promoting a level–playing field for Union operators.

2.   In order to ensure a sustainable exploitation of stocks shared with third countries and to guarantee stability of the fishing operations of its fleets, the Union shall, in accordance with UNCLOS, endeavour to establish bilateral or multilateral agreements with third countries for the joint management of stocks, including the establishment, where appropriate, of access to waters and resources and conditions for such access, the harmonisation of conservation measures and the exchange of fishing opportunities.

PART VII

AQUACULTURE

Article 34

Promoting sustainable aquaculture

1.   With a view to promoting sustainability and contributing to food security and supplies, growth and employment, the Commission shall establish non-binding Union strategic guidelines on common priorities and targets for the development of sustainable aquaculture activities. Such strategic guidelines shall take account of the relative starting positions and different circumstances throughout the Union and shall form the basis for multiannual national strategic plans, and shall aim at:

| (a) | improving the competitiveness of the aquaculture industry and supporting its development and innovation; |
| --- | --- |

(a)

improving the competitiveness of the aquaculture industry and supporting its development and innovation;

| (b) | reducing the administrative burden and making the implementation of Union law more efficient and responsive to the needs of stakeholders; |
| --- | --- |

(b)

reducing the administrative burden and making the implementation of Union law more efficient and responsive to the needs of stakeholders;

| (c) | encouraging economic activity; |
| --- | --- |

(c)

encouraging economic activity;

| (d) | diversification and improvement of the quality of life in coastal and inland areas; |
| --- | --- |

(d)

diversification and improvement of the quality of life in coastal and inland areas;

| (e) | integrating aquaculture activities into maritime, coastal and inland spatial planning. |
| --- | --- |

(e)

integrating aquaculture activities into maritime, coastal and inland spatial planning.

2.   By 30 June 2014, Member States shall establish a multiannual national strategic plan for the development of aquaculture activities on their territory.

3.   The multiannual national strategic plan shall include the Member State's objectives and the measures and the timetables necessary to achieve them.

4.   Multiannual national strategic plans shall, in particular, have the following aims:

| (a) | administrative simplification, in particular regarding evaluations and impact studies and licenses; |
| --- | --- |

(a)

administrative simplification, in particular regarding evaluations and impact studies and licenses;

| (b) | reasonable certainty for aquaculture operators in relation to access to waters and space; |
| --- | --- |

(b)

reasonable certainty for aquaculture operators in relation to access to waters and space;

| (c) | indicators for environmental, economic and social sustainability; |
| --- | --- |

(c)

indicators for environmental, economic and social sustainability;

| (d) | assessment of other possible cross-border effects, especially on marine biological resources and marine ecosystems in neighbouring Member States; |
| --- | --- |

(d)

assessment of other possible cross-border effects, especially on marine biological resources and marine ecosystems in neighbouring Member States;

| (e) | the creation of synergies between national research programmes and collaboration between the industry and the scientific community; |
| --- | --- |

(e)

the creation of synergies between national research programmes and collaboration between the industry and the scientific community;

| (f) | the promotion of the competitive advantage of sustainable, high quality food; |
| --- | --- |

(f)

the promotion of the competitive advantage of sustainable, high quality food;

| (g) | the promotion of aquaculture practices and research with a view to enhancing positive effects on the environment and on the fish resources, and to reducing negative impacts, including reducing pressure on fish stocks used for feed production, and increasing resource efficiency. |
| --- | --- |

(g)

the promotion of aquaculture practices and research with a view to enhancing positive effects on the environment and on the fish resources, and to reducing negative impacts, including reducing pressure on fish stocks used for feed production, and increasing resource efficiency.

5.   Member States shall exchange information and best practices through an open method of coordination of the national measures contained in multiannual national strategic plans.

6.   The Commission shall encourage the exchange of information and best practices among Member States and shall facilitate the coordination of national measures foreseen in the multiannual national strategic plan.

PART VIII

COMMON MARKET ORGANISATION

Article 35

Objectives

1.   A common organisation of the markets in fishery and aquaculture products (the common market organisation) shall be established to:

| (a) | contribute to the achievement of the objectives set out in Article 2, and in particular to the sustainable exploitation of living marine biological resources; |
| --- | --- |

(a)

contribute to the achievement of the objectives set out in Article 2, and in particular to the sustainable exploitation of living marine biological resources;

| (b) | enable the fishery and aquaculture industry to apply the CFP at the appropriate level; |
| --- | --- |

(b)

enable the fishery and aquaculture industry to apply the CFP at the appropriate level;

| (c) | strengthen the competitiveness of the Union fishery and aquaculture industry, in particular producers; |
| --- | --- |

(c)

strengthen the competitiveness of the Union fishery and aquaculture industry, in particular producers;

| (d) | improve the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain, ensure that the distribution of added value along the sector's supply chain is more balanced, improve consumer information and raise awareness, by means of notification and labelling that provides comprehensible information; |
| --- | --- |

(d)

improve the transparency and stability of the markets, in particular as regards economic knowledge and understanding of the Union markets for fishery and aquaculture products along the supply chain, ensure that the distribution of added value along the sector's supply chain is more balanced, improve consumer information and raise awareness, by means of notification and labelling that provides comprehensible information;

| (e) | contribute to ensuring a level–playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resources; |
| --- | --- |

(e)

contribute to ensuring a level–playing field for all products marketed in the Union by promoting sustainable exploitation of fisheries resources;

| (f) | contribute to ensuring that consumers have a diverse supply of fishery and aquaculture products; |
| --- | --- |

(f)

contribute to ensuring that consumers have a diverse supply of fishery and aquaculture products;

| (g) | provide the consumer with verifiable and accurate information regarding the origin of the product and its mode of production, in particular through marking and labelling. |
| --- | --- |

(g)

provide the consumer with verifiable and accurate information regarding the origin of the product and its mode of production, in particular through marking and labelling.

2.   The common market organisation shall apply to the fishery and aquaculture products listed in Annex I to Regulation (EU) No 1379/2013 of the European Parliament and of the Council (24), which are marketed in the Union.

3.   The common market organisation shall include, in particular:

| (a) | the organisation of the industry including market stabilization measures; |
| --- | --- |

(a)

the organisation of the industry including market stabilization measures;

| (b) | the production and marketing plans of fishery and aquaculture producer organisations; |
| --- | --- |

(b)

the production and marketing plans of fishery and aquaculture producer organisations;

| (c) | common marketing standards; |
| --- | --- |

(c)

common marketing standards;

| (d) | consumer information. |
| --- | --- |

(d)

consumer information.

PART IX

CONTROL AND ENFORCEMENT

Article 36

Objectives

1.   Compliance with the CFP rules shall be ensured through an effective Union fisheries control system, including the fight against IUU fishing.

2.   Control and enforcement of the CFP shall in particular be based on and shall include the following:

| (a) | a global, integrated and common approach; |
| --- | --- |

(a)

a global, integrated and common approach;

| (b) | cooperation and coordination between Member States, the Commission and the Agency; |
| --- | --- |

(b)

cooperation and coordination between Member States, the Commission and the Agency;

| (c) | cost-efficiency and proportionality; |
| --- | --- |

(c)

cost-efficiency and proportionality;

| (d) | the use of efficient control technologies for the availability and quality of data on fisheries; |
| --- | --- |

(d)

the use of efficient control technologies for the availability and quality of data on fisheries;

| (e) | a Union framework for control, inspection and enforcement; |
| --- | --- |

(e)

a Union framework for control, inspection and enforcement;

| (f) | a risk-based strategy focused on systematic and automated cross-checks of all available relevant data; |
| --- | --- |

(f)

a risk-based strategy focused on systematic and automated cross-checks of all available relevant data;

| (g) | the development of a culture of compliance and co-operation among all operators and fishermen. |
| --- | --- |

(g)

the development of a culture of compliance and co-operation among all operators and fishermen.

The Union shall adopt appropriate measures with regard to third countries which allow non-sustainable fishing.

3.   Member States shall adopt appropriate measures for ensuring control, inspection and enforcement of activities carried out within the scope of the CFP, including the establishment of effective, proportionate and dissuasive penalties.

Article 37

Expert group on compliance

1.   An expert group on compliance shall be established by the Commission to assess, facilitate and strengthen the implementation of, and compliance with, the obligations under the Union fisheries control system.

2.   The expert group on compliance shall be composed of representatives of the Commission and the Member States. At the request of the European Parliament, the Commission may invite the European Parliament to send experts to attend meetings of the expert group. The Agency may assist the expert group on compliance meetings as an observer.

3.   The expert group shall in particular:

| (a) | regularly review issues of compliance and implementation under Union fisheries control system and identify possible difficulties of common interest in implementation of the CFP rules; |
| --- | --- |

(a)

regularly review issues of compliance and implementation under Union fisheries control system and identify possible difficulties of common interest in implementation of the CFP rules;

| (b) | formulate advice in relation to the implementation of the CFP rules, including prioritisation of Union financial assistance; and |
| --- | --- |

(b)

formulate advice in relation to the implementation of the CFP rules, including prioritisation of Union financial assistance; and

| (c) | exchange information on control and inspection activities, including the fight against IUU fishing. |
| --- | --- |

(c)

exchange information on control and inspection activities, including the fight against IUU fishing.

4.   The European Parliament and the Council shall be kept fully informed on a regular basis by the expert group on compliance activities referred to in paragraph 3.

Article 38

Pilot projects on new control technologies and data management systems

The Commission and the Member States may carry out pilot projects on new control technologies and systems for data management.

Article 39

Contribution to control, inspection, enforcement and data collection costs

Member States may require their operators to contribute proportionally to the operational costs of implementing the Union fisheries control system and of data collection.

PART X

FINANCIAL INSTRUMENTS

Article 40

Objectives

Union financial assistance may be granted to contribute to the achievement of the objectives set out in Article 2.

Article 41

Conditions for financial assistance to Member States

1.   Subject to the conditions to be specified in the applicable Union legal acts, Union financial assistance to Member States shall be conditional upon compliance with the CFP rules by Member States.

2.   Non–compliance by Member States with the CFP rules may result in the interruption or suspension of payments or in the application of a financial correction to Union financial assistance under the CFP. Such measures shall be proportionate to the nature, gravity, duration and repetition of the non–compliance.

Article 42

Conditions for financial assistance to operators

1.   Subject to the conditions to be specified in the applicable Union legal acts, Union financial assistance to operators shall be conditional upon compliance with the CFP rules by operators.

2.   Subject to specific rules to be adopted, serious infringements by operators of the CFP rules shall result in temporary or permanent bans on access to the Union financial assistance and/or the application of financial reductions. Such measures, taken by the Member State, shall be dissuasive, effective and proportionate to the nature, gravity, duration and repetition of serious infringements.

3.   Member States shall ensure that Union financial assistance is granted only if no penalties for serious infringements have been imposed on the operator concerned within a period of one year prior to the date of application for Union financial assistance.

PART XI

ADVISORY COUNCILS

Article 43

Establishment of Advisory Councils

1.   Advisory Councils shall be established for each of the geographical areas or fields of competence set out in Annex III, in order to promote a balanced representation of all stakeholders in accordance with Article 45(1) and to contribute to the achievement of the objectives set out in Article 2.

2.   In particular, the following new Advisory Councils shall be established, in accordance with Annex III:

| (a) | an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins: West Atlantic, East Atlantic and Indian Ocean; |
| --- | --- |

(a)

an Advisory Council for the outermost regions, divided into three sections for each of the following sea basins: West Atlantic, East Atlantic and Indian Ocean;

| (b) | an Advisory Council for aquaculture; |
| --- | --- |

(b)

an Advisory Council for aquaculture;

| (c) | an Advisory Council for markets; |
| --- | --- |

(c)

an Advisory Council for markets;

| (d) | an Advisory Council for the Black Sea. |
| --- | --- |

(d)

an Advisory Council for the Black Sea.

3.   Each Advisory Council shall establish its rules of procedure.

Article 44

Tasks of Advisory Councils

1.   When applying this Regulation, the Commission shall, where relevant, consult the Advisory Councils.

2.   Advisory Councils may:

| (a) | submit recommendations and suggestions on matters relating to the management of fisheries and the socio-economic and conservation aspects of fisheries and aquaculture to the Commission and to the Member State concerned, and, in particular, recommendations on how to simplify rules on fisheries management; |
| --- | --- |

(a)

submit recommendations and suggestions on matters relating to the management of fisheries and the socio-economic and conservation aspects of fisheries and aquaculture to the Commission and to the Member State concerned, and, in particular, recommendations on how to simplify rules on fisheries management;

| (b) | inform the Commission and Member States of problems relating to the management and the socio-economic and conservation aspects of fisheries and, where appropriate, of aquaculture in their geographical area or field of competence and propose solutions to overcome those problems; |
| --- | --- |

(b)

inform the Commission and Member States of problems relating to the management and the socio-economic and conservation aspects of fisheries and, where appropriate, of aquaculture in their geographical area or field of competence and propose solutions to overcome those problems;

| (c) | contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures. |
| --- | --- |

(c)

contribute, in close cooperation with scientists, to the collection, supply and analysis of data necessary for the development of conservation measures.

If an issue is of common interest to two or more Advisory Councils, they shall coordinate their positions with a view to adopting joint recommendations on that issue.

3.   Advisory Councils shall be consulted on joint recommendations pursuant to Article 18. They may also be consulted by the Commission and by Member States in respect of other measures. Their advice shall be taken into account. Those consultations shall be without prejudice to the consultation of STECF or other scientific bodies. The opinions of the Advisory Councils may be submitted to all Member States concerned and to the Commission.

4.   The Commission and, where relevant, the Member State concerned shall reply within two months to any recommendation, suggestion or information received pursuant to paragraph 1. Where the final measures that are adopted diverge from the Advisory Councils' opinions, recommendations and suggestions received pursuant to paragraph 1, the Commission or the Member State concerned shall state detailed reasons for the divergence.

Article 45

Composition, functioning and funding of Advisory Councils

1.   Advisory Councils shall be composed of:

| (a) | organisations representing the fisheries and, where appropriate, aquaculture operators, and representatives of the processing and marketing sectors; |
| --- | --- |

(a)

organisations representing the fisheries and, where appropriate, aquaculture operators, and representatives of the processing and marketing sectors;

| (b) | other interest groups affected by the CFP (e.g. environmental organisations and consumer groups). |
| --- | --- |

(b)

other interest groups affected by the CFP (e.g. environmental organisations and consumer groups).

2.   Each Advisory Council shall consist of a general assembly and an executive committee, including, as appropriate, a secretariat and working groups to deal with issues of regional cooperation pursuant to Article 18, and shall adopt the measures necessary for its functioning.

3.   Advisory Councils shall function and receive financing as provided for in Annex III.

4.   The Commission shall be empowered to adopt delegated acts, in accordance with Article 46, laying down detailed rules on the functioning of Advisory Councils.

PART XII

PROCEDURAL PROVISIONS

Article 46

Exercise of delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 11(2), Article 15(2), (3), (6), (7) and Article 45(4) shall be conferred on the Commission for a period of five years from 29 December 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 11(2), Article 15(2), (3), (6), (7) and Article 45(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 11(2), Article 15(2), (3), (6), (7) and Article 45(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 47

Committee procedure

1.   The Commission shall be assisted by a Committee for fisheries and aquaculture. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the committee delivers no opinion on a draft implementing act to be adopted pursuant to Article 23, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

PART XIII

FINAL PROVISIONS

Article 48

Repeals and amendments

1.   Regulation (EC) No 2371/2002 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

2.   Decision 2004/585/EC is repealed with effect from the entry into force of the rules adopted under Article 45(4) of this Regulation.

3.   Article 5 of Council Regulation (EC) No 1954/2003 (25) shall be deleted.

4.   Council Regulation (EC) No 639/2004 (26) is repealed.

5.   In Article 105 of Regulation (EC) No 1224/2009, the following paragraph is inserted:

"3a.   By way of derogation from paragraphs 2 and 3, no multiplying factor shall be applied to catches which are subject to an obligation to land in accordance with Article 15 of the Regulation (EU) No 1380/2013 of the European Parliament and of the Council (*1), provided that the extent of overfishing relative to the permitted landings does not exceed 10 %.

Article 49

Review

The Commission shall report to the European Parliament and to the Council on the functioning of the CFP by 31 December 2022.

Article 50

Annual report

The Commission shall report annually to the European Parliament and to the Council on the progress on achieving maximum sustainable yield and on the situation of fish stocks, as early as possible following the adoption of the yearly Council Regulation fixing the fishing opportunities available in Union waters and, in certain non-Union waters, to Union vessels.

Article 51

Entry into force

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

Official Journal of the European Union

It shall apply from 1 January 2014.

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

Done at Strasbourg, 11 December 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

V. LEŠKEVIČIUS

---

(1)  
  OJ C 181, 21.6.2012, p. 183.

1

(2)  
  OJ C 225, 27.7.2012, p. 20.

2

(3)  Position of the European Parliament of 6 February 2013 (not yet published in the Official Journal) and position of the Council at first reading of 17 October 2013 (not yet published in the Official Journal). Position of the European Parliament of 9 December 2013 (not yet published in the Official Journal).

3

(4)  Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (OJ L 358, 31.12.2002, p. 59).

4

(5)  The United Nations Convention on the Law of the Sea and of the Agreement on the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 3).

5

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

6

(7)  Council Decision 98/414/EC of 8 June 1998 on the ratification by the European Community of the Agreement for the implementing of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 14).

7

(8)  Agreement on the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks (OJ L 189, 3.7.1998, p. 16).

8

(9)  Council Decision 96/428/EC of 25 June 1996 on acceptance by the Community of the Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (OJ L 177, 16.7.1996, p. 24).

9

(10)  Agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas (OJ L 177, 16.7.1996, p. 26).

10

(11)  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

11

(12)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

12

(13)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

13

(14)  Council resolution of 3 November 1976 on certain external aspects of the creation of a 200-mile fishing zone in the Community with effect from 1 January 1977 (OJ C 105, 7.5.1981, p. 1).

14

(15)  Commission Decision 2005/629/EC of 26 August 2005 establishing a Scientific, Technical and Economic Committee for Fisheries (OJ L 225, 31.8.2005, p. 18).

15

(16)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

16

(17)  Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (OJ L 256, 3.8.2004, p. 17).

17

(18)  Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).

18

(19)  Council Regulation (EEC) No 2930/86 of 22 September 1986 defining characteristics for fishing vessels (OJ L 274, 25.9.1986, p. 1).

19

(20)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

20

(21)  Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).

21

(22)  ICES (International Council for the Exploration of the Sea) zones are as defined in Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70).

22

(23)  CECAF (Eastern Central Atlantic or FAO major fishing zone 34) zones are as defined in Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (OJ L 87, 31.3.2009, p. 1).

23

(24)  Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (See page 1 of this Official Journal).

24

(25)  Council Regulation (EC) No 1954/2003 of 4 November 2003 on the management of the fishing effort relating to certain Community fishing areas and resources and modifying Regulation (EC) No 2847/93 and repealing Regulations (EC) No 685/95 and (EC) No 2027/95 (OJ L 289, 7.11.2003, p. 1).

25

(26)  Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions (OJ L 102, 7.4.2004, p. 9).

26

---

ANNEX I

ACCESS TO COASTAL WATERS WITHIN THE MEANING OF ARTICLE 5(2)

1.   Coastal waters of the united kingdom

A.   ACCESS FOR FRANCE

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) | | |
| 1. | Berwick-upon-Tweed east
  Coquet Island east |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Berwick-upon-Tweed east

Coquet Island east

Herring

Unlimited

| 2. | Flamborough Head east
  Spurn Head east |
| --- | --- |

2.

Flamborough Head east

Spurn Head east

Herring

Unlimited

| 3. | Lowestoft east
  Lyme Regis south |
| --- | --- |

3.

Lowestoft east

Lyme Regis south

All species

Unlimited

| 4. | Lyme Regis south
  Eddystone south |
| --- | --- |

4.

Lyme Regis south

Eddystone south

Demersal

Unlimited

| 5. | Eddystone south
  Longships south-west |
| --- | --- |

5.

Eddystone south

Longships south-west

Demersal

Unlimited

Scallops

Unlimited

Lobster

Unlimited

Crawfish

Unlimited

| 6. | Longships south-west
  Hartland Point north-west |
| --- | --- |

6.

Longships south-west

Hartland Point north-west

Demersal

Unlimited

Crawfish

Unlimited

Lobster

Unlimited

| 7. | Hartland Point to a line from the north of Lundy Island |
| --- | --- |

7.

Hartland Point to a line from the north of Lundy Island

Demersal

Unlimited

| 8. | From a line due west Lundy Island to Cardigan Harbour |
| --- | --- |

8.

From a line due west Lundy Island to Cardigan Harbour

All species

Unlimited

| 9. | Point Lynas North
  Morecambe Light Vessel east |
| --- | --- |

9.

Point Lynas North

Morecambe Light Vessel east

All species

Unlimited

| 10. | County Down |
| --- | --- |

10.

County Down

Demersal

Unlimited

| 11. | New Island north-east
  Sanda Island south-west |
| --- | --- |

11.

New Island north-east

Sanda Island south-west

All species

Unlimited

| 12. | Port Stewart north
  Barra Head west |
| --- | --- |

12.

Port Stewart north

Barra Head west

All species

Unlimited

| 13. | Latitude 57°40'N
  Butt of Lewis west |
| --- | --- |

13.

Latitude 57°40'N

Butt of Lewis west

All species, except shellfish

Unlimited

| 14. | St Kilda, Flannan Islands |
| --- | --- |

14.

St Kilda, Flannan Islands

All species

Unlimited

| 15. | West of the line joining Butt of Lewis lighthouse to the point 59°30'N-5°45'W |
| --- | --- |

15.

West of the line joining Butt of Lewis lighthouse to the point 59°30'N-5°45'W

All species

Unlimited

B.   ACCESS FOR IRELAND

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) | | |
| 1. | Point Lynas north
  Mull of Galloway south |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Point Lynas north

Mull of Galloway south

Demersal

Unlimited

Nephrops

Unlimited

| 2. | Mull of Oa west
  Barra Head west |
| --- | --- |

2.

Mull of Oa west

Barra Head west

Demersal

Unlimited

Nephrops

Unlimited

C.   ACCESS FOR GERMANY

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) | | |
| 1. | East of Shetlands and Fair Isle between lines drawn due south-east from Sumbrugh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

East of Shetlands and Fair Isle between lines drawn due south-east from Sumbrugh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse

Herring

Unlimited

| 2. | Berwick-upon-Tweed east, Whitby High lighthouse east |
| --- | --- |

2.

Berwick-upon-Tweed east, Whitby High lighthouse east

Herring

Unlimited

| 3. | North Foreland lighthouse east, Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland lighthouse east, Dungeness new lighthouse south

Herring

Unlimited

| 4. | Zone around St Kilda |
| --- | --- |

4.

Zone around St Kilda

Herring

Unlimited

Mackerel

Unlimited

| 5. | Butt of Lewis lighthouse west to the line joining Butt of Lewis lighthouse and the point 59°30'N-5°45'W |
| --- | --- |

5.

Butt of Lewis lighthouse west to the line joining Butt of Lewis lighthouse and the point 59°30'N-5°45'W

Herring

Unlimited

| 6. | Zone around North Rona and Sulisker (Sulasgeir) |
| --- | --- |

6.

Zone around North Rona and Sulisker (Sulasgeir)

Herring

Unlimited

D.   ACCESS FOR THE NETHERLANDS

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) | | |
| 1. | East of Shetlands and Fair Isle between lines drawn due south-east from Sumburgh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

East of Shetlands and Fair Isle between lines drawn due south-east from Sumburgh Head lighthouse due north-east from Skroo lighthouse and due south-west from Skadan lighthouse

Herring

Unlimited

| 2. | Berwick upon Tweed east, Flamborough Head east |
| --- | --- |

2.

Berwick upon Tweed east, Flamborough Head east

Herring

Unlimited

| 3. | North Foreland east, Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland east, Dungeness new lighthouse south

Herring

Unlimited

E.   ACCESS FOR BELGIUM

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| United Kingdom coast (6 to 12 nautical miles) | | |
| 1. | Berwick upon Tweed east
  Coquet Island east |

Geographical area

Species

Importance or particular characteristics

United Kingdom coast (6 to 12 nautical miles)

1.

Berwick upon Tweed east

Coquet Island east

Herring

Unlimited

| 2. | Cromer north
  North Foreland east |
| --- | --- |

2.

Cromer north

North Foreland east

Demersal

Unlimited

| 3. | North Foreland east
  Dungeness new lighthouse south |
| --- | --- |

3.

North Foreland east

Dungeness new lighthouse south

Demersal

Unlimited

Herring

Unlimited

| 4. | Dungeness new lighthouse south, Selsey Bill south |
| --- | --- |

4.

Dungeness new lighthouse south, Selsey Bill south

Demersal

Unlimited

| 5. | Straight Point south-east, South Bishop north-west |
| --- | --- |

5.

Straight Point south-east, South Bishop north-west

Demersal

Unlimited

2.   Coastal waters of ireland

A.   ACCESS FOR FRANCE

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) | | |
| 1. | Erris Head north-west
  Sybil Point west |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Erris Head north-west

Sybil Point west

Demersal

Unlimited

Nephrops

Unlimited

| 2. | Mizen Head south
  Stags south |
| --- | --- |

2.

Mizen Head south

Stags south

Demersal

Unlimited

Nephrops

Unlimited

Mackerel

Unlimited

| 3. | Stags south
  Cork south |
| --- | --- |

3.

Stags south

Cork south

Demersal

Unlimited

Nephrops

Unlimited

Mackerel

Unlimited

Herring

Unlimited

| 4. | Cork south, Carnsore Point south |
| --- | --- |

4.

Cork south, Carnsore Point south

All species

Unlimited

| 5. | Carnsore Point south, Haulbowline south-east |
| --- | --- |

5.

Carnsore Point south, Haulbowline south-east

All species, except shellfish

Unlimited

B.   ACCESS FOR THE UNITED KINGDOM

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 miles) | | |
| 1. | Mine Head south
  Hook Point |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 miles)

1.

Mine Head south

Hook Point

Demersal

Unlimited

Herring

Unlimited

Mackerel

Unlimited

| 2. | Hook Point
  Carlingford Lough |
| --- | --- |

2.

Hook Point

Carlingford Lough

Demersal

Unlimited

Herring

Unlimited

Mackerel

Unlimited

Nephrops

Unlimited

Scallops

Unlimited

C.   ACCESS FOR THE NETHERLANDS

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 miles) | | |
| 1. | Stags south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 miles)

1.

Stags south

Carnsore Point south

Herring

Unlimited

Mackerel

Unlimited

D.   ACCESS FOR GERMANY

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) | | |
| 1. | Old Head of Kinsale south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Old Head of Kinsale south

Carnsore Point south

Herring

Unlimited

| 2. | Cork south
  Carnsore Point south |
| --- | --- |

2.

Cork south

Carnsore Point south

Mackerel

Unlimited

E.   ACCESS FOR BELGIUM

| Geographical area | Species | Importance or particular characteristics |
| --- | --- | --- |
| Irish coast (6 to 12 nautical miles) | | |
| 1. | Cork south
  Carnsore Point south |

Geographical area

Species

Importance or particular characteristics

Irish coast (6 to 12 nautical miles)

1.

Cork south

Carnsore Point south

Demersal

Unlimited

| 2. | Wicklow Head east
  Carlingford Lough south-east |
| --- | --- |

2.

Wicklow Head east

Carlingford Lough south-east

Demersal

Unlimited

3.   Coastal waters of belgium

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| 3 to 12 nautical miles | Netherlands | All species | Unlimited |
| | France | Herring | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

3 to 12 nautical miles

Netherlands

All species

Unlimited

France

Herring

Unlimited

4.   Coastal waters of denmark

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North Sea coast (Danish/German frontier to Hanstholm) (6 to 12 nautical miles) | | | |
| | |
| Danish/German frontier to Blåvands Huk | Germany | Flatfish | Unlimited |
| Shrimps and prawns | Unlimited |
| Netherlands | Flatfish | Unlimited |
| Roundfish | Unlimited |
| Blåvands Huk to Bovbjerg | Belgium | Cod | Unlimited only from 1 June to 31 July |
| Haddock | Unlimited only from 1 June to 31 July |
| Germany | Flatfish | Unlimited |
| Netherlands | Plaice | Unlimited |
| Sole | Unlimited |
| Thyborøn to Hanstholm | Belgium | Whiting | Unlimited only from 1 June to 31 July |
| Plaice | Unlimited only from 1 June to 31 July |
| Germany | Flatfish | Unlimited |
| Sprat | Unlimited |
| Cod | Unlimited |
| Saithe | Unlimited |
| Haddock | Unlimited |
| Mackerel | Unlimited |
| Herring | Unlimited |
| Whiting | Unlimited |
| Netherlands | Cod | Unlimited |
| Plaice | Unlimited |
| Sole | Unlimited |
| Skagerrak
  (Hanstholm to Skagen)
  (4 to 12 nautical miles) | Belgium | Plaice | Unlimited only from 1 June to 31 July |
| Germany | Flatfish | Unlimited |
| Sprat | Unlimited |
| Cod | Unlimited |
| Saithe | Unlimited |
| Haddock | Unlimited |
| Mackerel | Unlimited |
| Herring | Unlimited |
| Whiting | Unlimited |
| Netherlands | Cod | Unlimited |
| Plaice | Unlimited |
| Sole | Unlimited |
| Kattegat (3 to 12 miles) | Germany | Cod | Unlimited |
| Flatfish | Unlimited |
| Nephrops | Unlimited |
| Herring | Unlimited |
| North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse | Germany | Sprat | Unlimited |
| Baltic Sea
  (including Belts, Sound, Bornholm)
  (3 to 12 nautical miles) | Germany | Flatfish | Unlimited |
| Cod | Unlimited |
| Herring | Unlimited |
| Sprat | Unlimited |
| Eel | Unlimited |
| Salmon | Unlimited |
| Whiting | Unlimited |
| Mackerel | Unlimited |
| Skagerrak
  (4 to 12 miles) | Sweden | All species | Unlimited |
| Kattegat
  (3 to 12 miles (1)) | Sweden | All species | Unlimited |
| Baltic Sea
  (3 to 12 miles) | Sweden | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

North Sea coast (Danish/German frontier to Hanstholm) (6 to 12 nautical miles)

Danish/German frontier to Blåvands Huk

Germany

Flatfish

Unlimited

Shrimps and prawns

Unlimited

Netherlands

Flatfish

Unlimited

Roundfish

Unlimited

Blåvands Huk to Bovbjerg

Belgium

Cod

Unlimited only from 1 June to 31 July

Haddock

Unlimited only from 1 June to 31 July

Germany

Flatfish

Unlimited

Netherlands

Plaice

Unlimited

Sole

Unlimited

Thyborøn to Hanstholm

Belgium

Whiting

Unlimited only from 1 June to 31 July

Plaice

Unlimited only from 1 June to 31 July

Germany

Flatfish

Unlimited

Sprat

Unlimited

Cod

Unlimited

Saithe

Unlimited

Haddock

Unlimited

Mackerel

Unlimited

Herring

Unlimited

Whiting

Unlimited

Netherlands

Cod

Unlimited

Plaice

Unlimited

Sole

Unlimited

Skagerrak

(Hanstholm to Skagen)

(4 to 12 nautical miles)

Belgium

Plaice

Unlimited only from 1 June to 31 July

Germany

Flatfish

Unlimited

Sprat

Unlimited

Cod

Unlimited

Saithe

Unlimited

Haddock

Unlimited

Mackerel

Unlimited

Herring

Unlimited

Whiting

Unlimited

Netherlands

Cod

Unlimited

Plaice

Unlimited

Sole

Unlimited

Kattegat (3 to 12 miles)

Germany

Cod

Unlimited

Flatfish

Unlimited

Nephrops

Unlimited

Herring

Unlimited

North of Zeeland to the parallel of the latitude passing through Forsnæs lighthouse

Germany

Sprat

Unlimited

Baltic Sea

(including Belts, Sound, Bornholm)

(3 to 12 nautical miles)

Germany

Flatfish

Unlimited

Cod

Unlimited

Herring

Unlimited

Sprat

Unlimited

Eel

Unlimited

Salmon

Unlimited

Whiting

Unlimited

Mackerel

Unlimited

Skagerrak

(4 to 12 miles)

Sweden

All species

Unlimited

Kattegat

(3 to 12 miles (1))

Sweden

All species

Unlimited

Baltic Sea

(3 to 12 miles)

Sweden

All species

Unlimited

5.   Coastal waters of germany

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North Sea coast
  (3 to 12 nautical miles)
  all coasts | Denmark | Demersal | Unlimited |
| Sprat | Unlimited |
| Sandeel | Unlimited |
| Netherlands | Demersal | Unlimited |
| Shrimps and prawns | Unlimited |
| Danish/German frontier to the northern tip of Amrum at 54°43′N | Denmark | Shrimps and prawns | Unlimited |
| Zone around Helgoland | United Kingdom | Cod | Unlimited |
| Plaice | Unlimited |
| Baltic coast
  (3 to 12 miles) | Denmark | Cod | Unlimited |
| Plaice | Unlimited |
| Herring | Unlimited |
| Sprat | Unlimited |
| Eel | Unlimited |
| Whiting | Unlimited |
| Mackerel | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

North Sea coast

(3 to 12 nautical miles)

all coasts

Denmark

Demersal

Unlimited

Sprat

Unlimited

Sandeel

Unlimited

Netherlands

Demersal

Unlimited

Shrimps and prawns

Unlimited

Danish/German frontier to the northern tip of Amrum at 54°43′N

Denmark

Shrimps and prawns

Unlimited

Zone around Helgoland

United Kingdom

Cod

Unlimited

Plaice

Unlimited

Baltic coast

(3 to 12 miles)

Denmark

Cod

Unlimited

Plaice

Unlimited

Herring

Unlimited

Sprat

Unlimited

Eel

Unlimited

Whiting

Unlimited

Mackerel

Unlimited

6.   Coastal waters of france and the overseas departments

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| North-east Atlantic coast
  (6 to 12 nautical miles) | | | |
| Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23' 30" N-1° 2 'WNNE) | Belgium | Demersal | Unlimited |
| Scallops | Unlimited |
| Netherlands | All Species | Unlimited |
| Dunkerque (2° 20' E) to Cap d'Antifer (0° 10' E) | Germany | Herring | Unlimited only from 1 October to 31 December |
| Belgian/French frontier to Cap d'Alprech west
  (50° 42 30" N — 1° 33' 30" E) | United Kingdom | Herring | Unlimited |
| Atlantic Coast (6 to 12 nautical miles) | | | |
| Spanish/French frontier to 46° 08′ N | Spain | Anchovies | Directed fishing, unlimited only from 1 March to 30 June |
| Fishing for live bait from 1 July to 31 October only |
| Sardines | Unlimited only from 1 January to 28 February and from 1 July to 31 December |
| In addition, activities relating to the abovementioned species must be pursued in accordance with, and within the limits of, the activities pursued during 1984 |
| Mediterranean coast
  (6 to 12 nautical miles) | | | |
| Spanish frontier Cap Leucate | Spain | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

North-east Atlantic coast

(6 to 12 nautical miles)

Belgian/French frontier to east of Departement Manche (Vire-Grandcamp les Bains estuary 49° 23' 30" N-1° 2 'WNNE)

Belgium

Demersal

Unlimited

Scallops

Unlimited

Netherlands

All Species

Unlimited

Dunkerque (2° 20' E) to Cap d'Antifer (0° 10' E)

Germany

Herring

Unlimited only from 1 October to 31 December

Belgian/French frontier to Cap d'Alprech west

(50° 42 30" N — 1° 33' 30" E)

United Kingdom

Herring

Unlimited

Atlantic Coast (6 to 12 nautical miles)

Spanish/French frontier to 46° 08′ N

Spain

Anchovies

Directed fishing, unlimited only from 1 March to 30 June

Fishing for live bait from 1 July to 31 October only

Sardines

Unlimited only from 1 January to 28 February and from 1 July to 31 December

In addition, activities relating to the abovementioned species must be pursued in accordance with, and within the limits of, the activities pursued during 1984

Mediterranean coast

(6 to 12 nautical miles)

Spanish frontier Cap Leucate

Spain

All species

Unlimited

7.   Coastal waters of spain

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Atlantic coast (6 to 12 nautical miles) | | | |
| French/Spanish frontier to Cap Mayor lighthouse (3° 47' W) | France | Pelagic | Unlimited in accordance with, and within the limits of, the activities pursued during 1984 |
| Mediterranean coast
  (6 to 12 nautical miles) | | | |
| French frontier/Cap Creus | France | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Atlantic coast (6 to 12 nautical miles)

French/Spanish frontier to Cap Mayor lighthouse (3° 47' W)

France

Pelagic

Unlimited in accordance with, and within the limits of, the activities pursued during 1984

Mediterranean coast

(6 to 12 nautical miles)

French frontier/Cap Creus

France

All species

Unlimited

8.   Coastal waters of croatia (2)

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| 12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana) | Slovenia | Demersal and small pelagic species including sardine and anchovy | 100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets |

Geographical area

Member State

Species

Importance or particular characteristics

12 miles limited to the sea area under the sovereignty of Croatia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)

Slovenia

Demersal and small pelagic species including sardine and anchovy

100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets

9.   Coastal waters of the netherlands

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| (3 to 12 nautical miles) whole coast | Belgium | All species | Unlimited |
| Denmark | Demersal | Unlimited |
| Sprat | Unlimited |
| Sandeel | Unlimited |
| Horse-mackerel | Unlimited |
| Germany | Cod | Unlimited |
| Shrimps and prawns | Unlimited |
| (6 to 12 nautical miles) whole coast | France | All species | Unlimited |
| Texel south point, west to the Netherlands/German frontier | United Kingdom | Demersal | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

(3 to 12 nautical miles) whole coast

Belgium

All species

Unlimited

Denmark

Demersal

Unlimited

Sprat

Unlimited

Sandeel

Unlimited

Horse-mackerel

Unlimited

Germany

Cod

Unlimited

Shrimps and prawns

Unlimited

(6 to 12 nautical miles) whole coast

France

All species

Unlimited

Texel south point, west to the Netherlands/German frontier

United Kingdom

Demersal

Unlimited

10.   Coastal waters of slovenia (3)

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| 12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana) | Croatia | Demersal and small pelagic species including sardine and anchovy | 100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets |

Geographical area

Member State

Species

Importance or particular characteristics

12 miles limited to the sea area under the sovereignty of Slovenia situated to the north of the 45 degrees and 10 minutes parallel north latitude along the west Istrian coast, from the outer limit of the territorial sea of Croatia, where this parallel touches the land of the west Istrian coast (the cape Grgatov rt Funtana)

Croatia

Demersal and small pelagic species including sardine and anchovy

100 tonnes for a maximum number of 25 fishing vessels which includes 5 fishing vessels equipped with trawl nets

11.   Coastal waters of finland

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Baltic Sea (4 to 12 miles) (4) | Sweden | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Baltic Sea (4 to 12 miles) (4)

Sweden

All species

Unlimited

12.   Coastal waters of sweden

| Geographical area | Member State | Species | Importance or particular characteristics |
| --- | --- | --- | --- |
| Skagerrak (4 to 12 nautical miles) | Denmark | All species | Unlimited |
| Kattegat (3 to 12 miles (5)) | Denmark | All species | Unlimited |
| Baltic Sea (4 to 12 miles) | Denmark | All species | Unlimited |
| Finland | All species | Unlimited |

Geographical area

Member State

Species

Importance or particular characteristics

Skagerrak (4 to 12 nautical miles)

Denmark

All species

Unlimited

Kattegat (3 to 12 miles (5))

Denmark

All species

Unlimited

Baltic Sea (4 to 12 miles)

Denmark

All species

Unlimited

Finland

All species

Unlimited

---

(1)  Measured from the coastline.

(2)  The above mentioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009.

(3)  The above mentioned regime shall apply from the full implementation of the arbitration award resulting from the Arbitration Agreement between the Government of the Republic of Slovenia and the Government of the Republic of Croatia, signed in Stockholm on 4 November 2009.

(4)  3 to 12 miles around Bogskär Isles.

(5)  Measured from the coastline.

---

ANNEX II

FISHING CAPACITY CEILINGS

Capacity ceilings

| Member State | GT | kW |
| --- | --- | --- |
| Belgium | 18 962 | 51 586 |
| Bulgaria | 7 250 | 62 708 |
| Denmark | 88 762 | 313 333 |
| Germany | 71 117 | 167 078 |
| Estonia | 21 677 | 52 566 |
| Ireland | 77 568 | 210 083 |
| Greece | 84 123 | 469 061 |
| Spain (including outermost regions) | 423 550 | 964 826 |
| France (including outermost regions) | 214 282 | 1 166 328 |
| Croatia | 53 452 | 426 064 |
| Italy | 173 506 | 1 070 028 |
| Cyprus | 11 021 | 47 803 |
| Latvia | 46 418 | 58 496 |
| Lithuania | 73 489 | 73 516 |
| Malta | 14 965 | 95 776 |
| Netherlands | 166 859 | 350 736 |
| Poland | 38 270 | 90 650 |
| Portugal (including outermost regions) | 114 549 | 386 539 |
| Romania | 1 908 | 6 356 |
| Slovenia | 675 | 8 867 |
| Finland | 18 066 | 181 717 |
| Sweden | 43 386 | 210 829 |
| United Kingdom | 231 106 | 909 141 |

Member State

GT

kW

Belgium

18 962

51 586

Bulgaria

7 250

62 708

Denmark

88 762

313 333

Germany

71 117

167 078

Estonia

21 677

52 566

Ireland

77 568

210 083

Greece

84 123

469 061

Spain (including outermost regions)

423 550

964 826

France (including outermost regions)

214 282

1 166 328

Croatia

53 452

426 064

Italy

173 506

1 070 028

Cyprus

11 021

47 803

Latvia

46 418

58 496

Lithuania

73 489

73 516

Malta

14 965

95 776

Netherlands

166 859

350 736

Poland

38 270

90 650

Portugal (including outermost regions)

114 549

386 539

Romania

1 908

6 356

Slovenia

675

8 867

Finland

18 066

181 717

Sweden

43 386

210 829

United Kingdom

231 106

909 141

Capacity ceilings

| Outermost regions of the Union | GT | kW |
| --- | --- | --- |
| Spain |
| Canary Islands: L (1) < 12 m. Union waters | 2 617 | 20 863 |
| Canary Islands: L > 12 m. Union waters | 3 059 | 10 364 |
| Canary Islands: L > 12 m. International and third country waters | 28 823 | 45 593 |
| France |
| Reunion Island: Demersal and pelagic species. L < 12 m | 1 050 | 19 320 |
| Reunion Island: Pelagic species. L > 12 m | 10 002 | 31 465 |
| French Guyana: Demersal and pelagic species. Length < 12 m | 903 | 11 644 |
| French Guyana: Shrimp vessels | 7 560 | 19 726 |
| French Guyana: Pelagic species. Offshore vessels. | 3 500 | 5 000 |
| Martinique: Demersal and pelagic species. L < 12 m | 5 409 | 142 116 |
| Martinique: Pelagic species. L > 12 m | 1 046 | 3 294 |
| Guadeloupe: Demersal and pelagic species. L < 12 m | 6 188 | 162 590 |
| Guadeloupe: Pelagic species. L > 12 m | 500 | 1 750 |
| Portugal |
| Madeira: Demersal species. L < 12 m | 604 | 3 969 |
| Madeira: Demersal and pelagic species. L > 12 m | 4 114 | 12 734 |
| Madeira: Pelagic species. Seine. L > 12 m | 181 | 777 |
| Azores: Demersal species. L < 12 m | 2 617 | 29 870 |
| Azores: Demersal and pelagic species. L > 12 m | 12 979 | 25 721 |

Outermost regions of the Union

GT

kW

Spain

Canary Islands: L (1) < 12 m. Union waters

2 617

20 863

Canary Islands: L > 12 m. Union waters

3 059

10 364

Canary Islands: L > 12 m. International and third country waters

28 823

45 593

France

Reunion Island: Demersal and pelagic species. L < 12 m

1 050

19 320

Reunion Island: Pelagic species. L > 12 m

10 002

31 465

French Guyana: Demersal and pelagic species. Length < 12 m

903

11 644

French Guyana: Shrimp vessels

7 560

19 726

French Guyana: Pelagic species. Offshore vessels.

3 500

5 000

Martinique: Demersal and pelagic species. L < 12 m

5 409

142 116

Martinique: Pelagic species. L > 12 m

1 046

3 294

Guadeloupe: Demersal and pelagic species. L < 12 m

6 188

162 590

Guadeloupe: Pelagic species. L > 12 m

500

1 750

Portugal

Madeira: Demersal species. L < 12 m

604

3 969

Madeira: Demersal and pelagic species. L > 12 m

4 114

12 734

Madeira: Pelagic species. Seine. L > 12 m

181

777

Azores: Demersal species. L < 12 m

2 617

29 870

Azores: Demersal and pelagic species. L > 12 m

12 979

25 721

---

(1)  "L" means overall length of a vessel.

---

ANNEX III

ADVISORY COUNCILS

1.   Name and area of competence of Advisory Councils

| Name | Areas of competence |
| --- | --- |
| Baltic Sea | ICES zones IIIb, IIIc and IIId |
| Black Sea | GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2 |
| Mediterranean Sea | Maritime Waters of the Mediterranean of the East of line 5°36′ West |
| North Sea | ICES zones IV and IIIa |
| North Western waters | ICES zones V (excluding Va and only Union waters of Vb), VI and VII |
| South Western waters | ICES zones VIII, IX and X (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands) |
| Outermost regions | Union waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean |
| Pelagic stocks (blue whiting, mackerel, horse mackerel, herring, boarfish) | All geographical areas excluding the Baltic Sea and the Mediterranean Sea |
| High seas/long distance fleet | All non Union-waters |
| Aquaculture | Aquaculture, as defined in Article 4 |
| Markets | All market areas |

Name

Areas of competence

Baltic Sea

ICES zones IIIb, IIIc and IIId

Black Sea

GFCM geographical sub-area as defined in Resolution GFCM/33/2009/2

Mediterranean Sea

Maritime Waters of the Mediterranean of the East of line 5°36′ West

North Sea

ICES zones IV and IIIa

North Western waters

ICES zones V (excluding Va and only Union waters of Vb), VI and VII

South Western waters

ICES zones VIII, IX and X (waters around Azores), and CECAF zones 34.1.1, 34.1.2 and 34.2.0 (waters around Madeira and the Canary Islands)

Outermost regions

Union waters around the outermost regions as referred to in the first paragraph of Article 349 of the Treaty divided into three sea basins: West Atlantic, East Atlantic, Indian Ocean

Pelagic stocks (blue whiting, mackerel, horse mackerel, herring, boarfish)

All geographical areas excluding the Baltic Sea and the Mediterranean Sea

High seas/long distance fleet

All non Union-waters

Aquaculture

Aquaculture, as defined in Article 4

Markets

All market areas

2.   Functioning and funding of Advisory Councils

| (a) | In the general assembly and executive committee, 60 % of the seats shall be allotted to representatives of fishermen and for the Aquaculture Advisory Council, aquaculture operators, and representatives of the processing and marketing sectors, and 40 % to representatives of the other interest groups affected by the Common Fisheries Policy, for example environmental organisations and consumer groups. |
| --- | --- |

(a)

| (b) | Except for the Advisory Council for Aquaculture and for the Advisory Council for Markets, at least one representative of the catching subsector from each Member State concerned shall be member of the executive committee. |
| --- | --- |

(b)

| (c) | The members of the executive committee shall, where possible, adopt recommendations by consensus. If no consensus can be reached, dissenting opinions expressed by members shall be recorded in the recommendations adopted by the majority of the members present and voting. |
| --- | --- |

(c)

| (d) | Each Advisory Council shall designate a chairperson by consensus. The chairperson shall act impartially. |
| --- | --- |

(d)

| (e) | Each Advisory Council shall adopt the measures necessary to ensure transparency and the respect of all opinions expressed. |
| --- | --- |

(e)

| (f) | Recommendations adopted by the executive committee shall be made available immediately to the general assembly, the Commission, Member States concerned and, upon request, to any member of the public. |
| --- | --- |

(f)

| (g) | The meetings of the general assembly shall be open to the public. The meetings of the executive committee shall be open to the public unless, in exceptional cases, decided otherwise by a majority of the executive committee. |
| --- | --- |

(g)

| (h) | European and national organisations representing the fisheries sector and other interest groups may propose members to the Member States concerned. Those Member States shall agree on the members of the general assembly. |
| --- | --- |

(h)

| (i) | Representatives of national and regional administrations that have fisheries interests in the area concerned and researchers from the Member States' scientific and fisheries research institutes and from the international scientific institutions that advise the Commission shall be allowed to participate in Advisory Council meetings as active observers. Any other qualified scientist may also be invited. |
| --- | --- |

(i)

| (j) | Representatives of the European Parliament and of the Commission may take part as active observers in Advisory Council meetings. |
| --- | --- |

(j)

| (k) | When issues that affect them are discussed, representatives of the fisheries sector and other interest groups from third countries, including representatives from RFMOs, that have a fishing interest in the area or fisheries covered by an Advisory Council, may be invited to participate as active observers. |
| --- | --- |

(k)

| (l) | Advisory Councils may apply for Union financial assistance as bodies pursuing an aim of general European interest. |
| --- | --- |

(l)

| (m) | The Commission shall sign a grant agreement with each Advisory Council to contribute to its operational costs, including translation and interpretation costs. |
| --- | --- |

(m)

| (n) | The Commission may carry out all verifications it considers necessary to ensure compliance with the tasks assigned to the Advisory Councils. |
| --- | --- |

(n)

| (o) | Each Advisory Council shall transmit annually its budget and a report of its activities to the Commission and to the Member States concerned. |
| --- | --- |

(o)

| (p) | The Commission or the Court of Auditors may at any time arrange for an audit to be carried out either by an outside body of its choice or by the Commission or the Court of Auditors departments themselves. |
| --- | --- |

(p)

| (q) | Each Advisory Council shall appoint a certified auditor for the period during which it benefits from Union funds. |
| --- | --- |

(q)

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| 28.12.2013 | EN | Official Journal of the European Union | L 354/62 |
| --- | --- | --- | --- |

28.12.2013

EN

Official Journal of the European Union

L 354/62

---

REGULATION (EU) No 1381/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 December 2013

establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 19(2), 21(2), 114, 168, 169 and 197 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights and fundamental freedoms. Those values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. Persons are entitled to enjoy in the Union the rights conferred on them by the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU). Furthermore, the Charter of Fundamental Rights of the European Union (the "Charter"), which with the entry into force of the Treaty of Lisbon became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be promoted and respected. The full enjoyment of those rights, as well as of the rights deriving from international conventions to which the Union has acceded, such as the United Nations Convention on the Rights of Persons with Disabilities, should be guaranteed and any obstacles should be dismantled. Furthermore, the enjoyment of those rights entails responsibilities and duties with regard to other persons, to the human community and to future generations. |
| --- | --- |

(1)

The European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights and fundamental freedoms. Those values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. Persons are entitled to enjoy in the Union the rights conferred on them by the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union (TEU). Furthermore, the Charter of Fundamental Rights of the European Union (the "Charter"), which with the entry into force of the Treaty of Lisbon became legally binding across the Union, reflects the fundamental rights and freedoms to which persons are entitled in the Union. Those rights should be promoted and respected. The full enjoyment of those rights, as well as of the rights deriving from international conventions to which the Union has acceded, such as the United Nations Convention on the Rights of Persons with Disabilities, should be guaranteed and any obstacles should be dismantled. Furthermore, the enjoyment of those rights entails responsibilities and duties with regard to other persons, to the human community and to future generations.

| (2) | In the Stockholm Programme (4) the European Council reaffirmed the priority of developing an area of freedom, security and justice and specified as a political priority the achievement of a Europe of rights. Financing was identified as one of the important tools for the successful implementation of the Stockholm Programme's political priorities. The ambitious goals set by the Treaties and by the Stockholm Programme should be attained inter alia by establishing, for the period 2014 to 2020, a flexible and effective Rights, Equality and Citizenship Programme (the "Programme") which should facilitate planning and implementation. The general and specific objectives of the Programme should be interpreted in line with the relevant strategic guidelines defined by the European Council. |
| --- | --- |

(2)

In the Stockholm Programme (4) the European Council reaffirmed the priority of developing an area of freedom, security and justice and specified as a political priority the achievement of a Europe of rights. Financing was identified as one of the important tools for the successful implementation of the Stockholm Programme's political priorities. The ambitious goals set by the Treaties and by the Stockholm Programme should be attained inter alia by establishing, for the period 2014 to 2020, a flexible and effective Rights, Equality and Citizenship Programme (the "Programme") which should facilitate planning and implementation. The general and specific objectives of the Programme should be interpreted in line with the relevant strategic guidelines defined by the European Council.

| (3) | The Commission Communication of 3 March 2010 on the Europe 2020 Strategy sets out a strategy for smart, sustainable and inclusive growth. Supporting and promoting the rights of persons within the Union, tackling discrimination and inequalities and promoting Union citizenship contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 Strategy. |
| --- | --- |

(3)

The Commission Communication of 3 March 2010 on the Europe 2020 Strategy sets out a strategy for smart, sustainable and inclusive growth. Supporting and promoting the rights of persons within the Union, tackling discrimination and inequalities and promoting Union citizenship contribute to the promotion of the specific objectives and flagship initiatives of the Europe 2020 Strategy.

| (4) | Non-discrimination is a fundamental principle of the Union. Article 19 TFEU provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in Article 21 of the Charter, which should be applied within the limits of, and in accordance with, Article 51 of the Charter. The specific features of the diverse forms of discrimination should be accommodated and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. |
| --- | --- |

(4)

Non-discrimination is a fundamental principle of the Union. Article 19 TFEU provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in Article 21 of the Charter, which should be applied within the limits of, and in accordance with, Article 51 of the Charter. The specific features of the diverse forms of discrimination should be accommodated and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds.

| (5) | The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled "An EU Framework for National Roma Integration Strategies up to 2020" (5) and in the Council conclusions of 19 May 2011 on an EU Framework for National Roma Integration Strategies up to 2020, which call on the Member States to address the social and economic exclusion of Roma by pursuing a mainstreaming approach in four key areas – education, employment, health and housing, as well as by ensuring that Roma are not discriminated against but accorded equal recognition of their fundamental rights, and to take measures to eliminate segregation where it exists, notably in the areas of education and housing. |
| --- | --- |

(5)

The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled "An EU Framework for National Roma Integration Strategies up to 2020" (5) and in the Council conclusions of 19 May 2011 on an EU Framework for National Roma Integration Strategies up to 2020, which call on the Member States to address the social and economic exclusion of Roma by pursuing a mainstreaming approach in four key areas – education, employment, health and housing, as well as by ensuring that Roma are not discriminated against but accorded equal recognition of their fundamental rights, and to take measures to eliminate segregation where it exists, notably in the areas of education and housing.

| (6) | Racism, xenophobia, homophobia and other forms of intolerance are direct violations of the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles upon which the Union is founded and which are common to the Member States. Combating those phenomena is therefore a constant goal which requires coordinated action, including by the allocation of funding. Those phenomena include, among others, public incitement to violence or hatred directed against a group of persons or a member of such a group, as well as other offences when committed with racist, xenophobic or homophobic motivation. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying, harassment and intolerant treatment, for example in public administration, the police, the judiciary, at school and in the workplace. |
| --- | --- |

(6)

Racism, xenophobia, homophobia and other forms of intolerance are direct violations of the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles upon which the Union is founded and which are common to the Member States. Combating those phenomena is therefore a constant goal which requires coordinated action, including by the allocation of funding. Those phenomena include, among others, public incitement to violence or hatred directed against a group of persons or a member of such a group, as well as other offences when committed with racist, xenophobic or homophobic motivation. In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying, harassment and intolerant treatment, for example in public administration, the police, the judiciary, at school and in the workplace.

| (7) | Equality between women and men is one of the Union's founding values. Unequal treatment between women and men violates fundamental rights. Moreover, the promotion of equality between women and men also contributes to achieving the objectives of the Europe 2020 Strategy. The objective of promoting equality between women and men should be implemented in a mutually reinforcing manner with other Union or Member States activities that have the same objective, in particular with those referred to in the European Pact for gender equality for the period 2011 to 2020. |
| --- | --- |

(7)

Equality between women and men is one of the Union's founding values. Unequal treatment between women and men violates fundamental rights. Moreover, the promotion of equality between women and men also contributes to achieving the objectives of the Europe 2020 Strategy. The objective of promoting equality between women and men should be implemented in a mutually reinforcing manner with other Union or Member States activities that have the same objective, in particular with those referred to in the European Pact for gender equality for the period 2011 to 2020.

| (8) | Discrimination on the ground of sex includes, in line with the case-law of the Court of Justice of the European Union, discrimination arising from gender reassignment. In the implementation of the Programme, regard should also be had to developments in Union law and in the case-law of the Court of Justice of the European Union with regard to further gender related aspects, including gender identity. |
| --- | --- |

(8)

Discrimination on the ground of sex includes, in line with the case-law of the Court of Justice of the European Union, discrimination arising from gender reassignment. In the implementation of the Programme, regard should also be had to developments in Union law and in the case-law of the Court of Justice of the European Union with regard to further gender related aspects, including gender identity.

| (9) | The right to be treated with dignity in the workplace and society in general is an expression of the founding values of the Union and coordinated action is necessary to permit targeted activities in relation to the employment market. Therefore, actions in the area of gender equality and non-discrimination should include promoting equality between women and men and combating discrimination in the workplace and the employment market. |
| --- | --- |

(9)

The right to be treated with dignity in the workplace and society in general is an expression of the founding values of the Union and coordinated action is necessary to permit targeted activities in relation to the employment market. Therefore, actions in the area of gender equality and non-discrimination should include promoting equality between women and men and combating discrimination in the workplace and the employment market.

| (10) | Violence against children, young people and women, as well as against other groups at risk, in all its forms, constitutes a violation of fundamental rights and a serious health scourge. Such violence is present throughout the Union and has serious repercussions on victims' physical and psychological health as well as on society as a whole. Strong political will and coordinated action based on the methods and results of the Daphne programmes (6) are necessary in order to address it and to protect victims. Taking action to combat violence against women contributes to the promotion of equality between women and men. As the Daphne funding has been a genuine success since its launch in 1997, both in terms of its popularity with stakeholders (public authorities, academic institutions and non-governmental organisations (NGOs)) and in terms of the effectiveness of the funded projects, it is essential that in the implementation of the Programme the name "Daphne" be maintained in relation to the specific objective that is aimed at preventing and combating violence against children, young people and women, so as to keep the Daphne programmes' profile as high as possible. |
| --- | --- |

(10)

Violence against children, young people and women, as well as against other groups at risk, in all its forms, constitutes a violation of fundamental rights and a serious health scourge. Such violence is present throughout the Union and has serious repercussions on victims' physical and psychological health as well as on society as a whole. Strong political will and coordinated action based on the methods and results of the Daphne programmes (6) are necessary in order to address it and to protect victims. Taking action to combat violence against women contributes to the promotion of equality between women and men. As the Daphne funding has been a genuine success since its launch in 1997, both in terms of its popularity with stakeholders (public authorities, academic institutions and non-governmental organisations (NGOs)) and in terms of the effectiveness of the funded projects, it is essential that in the implementation of the Programme the name "Daphne" be maintained in relation to the specific objective that is aimed at preventing and combating violence against children, young people and women, so as to keep the Daphne programmes' profile as high as possible.

| (11) | Article 3(3) TEU requires the Union to promote the protection of the rights of the child, while combating discrimination. Children are vulnerable, in particular in situations of poverty, social exclusion or disability or in other specific situations exposing them to risk, such as neglect, abduction and disappearance. Action should be taken to promote the rights of the child and to contribute to the protection of children from harm and violence, which pose a danger to their physical or mental health and constitute a breach of their rights to development, protection and dignity. |
| --- | --- |

(11)

Article 3(3) TEU requires the Union to promote the protection of the rights of the child, while combating discrimination. Children are vulnerable, in particular in situations of poverty, social exclusion or disability or in other specific situations exposing them to risk, such as neglect, abduction and disappearance. Action should be taken to promote the rights of the child and to contribute to the protection of children from harm and violence, which pose a danger to their physical or mental health and constitute a breach of their rights to development, protection and dignity.

| (12) | Personal data should continue to be protected effectively in a context of constant technological development and globalisation. The Union's legal framework for data protection should be applied effectively and consistently within the Union. To achieve this, the Union should be able to support the efforts of Member States to implement that legal framework, placing particular emphasis on ensuring that individuals can exercise their rights effectively. |
| --- | --- |

(12)

Personal data should continue to be protected effectively in a context of constant technological development and globalisation. The Union's legal framework for data protection should be applied effectively and consistently within the Union. To achieve this, the Union should be able to support the efforts of Member States to implement that legal framework, placing particular emphasis on ensuring that individuals can exercise their rights effectively.

| (13) | Citizens should be more aware of their rights deriving from citizenship of the Union, namely their right to move and reside freely in the Union, their right to vote and stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence under the same conditions as nationals of that State, their right to petition the European Parliament in any of the Treaty languages, their right to submit citizens' initiatives and their right to lodge complaints with the European Ombudsman against institutional maladministration, and should be able to exercise those rights. Encouraging citizens to play a more active role in democracy at Union level will strengthen European civil society and foster the development of a European identity. Citizens should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. |
| --- | --- |

(13)

Citizens should be more aware of their rights deriving from citizenship of the Union, namely their right to move and reside freely in the Union, their right to vote and stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence under the same conditions as nationals of that State, their right to petition the European Parliament in any of the Treaty languages, their right to submit citizens' initiatives and their right to lodge complaints with the European Ombudsman against institutional maladministration, and should be able to exercise those rights. Encouraging citizens to play a more active role in democracy at Union level will strengthen European civil society and foster the development of a European identity. Citizens should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be.

| (14) | Individuals in their capacity as consumers or entrepreneurs in the internal market should be able to enforce their rights deriving from Union law in a cross-border context. |
| --- | --- |

(14)

Individuals in their capacity as consumers or entrepreneurs in the internal market should be able to enforce their rights deriving from Union law in a cross-border context.

| (15) | Pursuant to Articles 8 and 10 TFEU, the Programme in all its activities should support gender mainstreaming and the mainstreaming of non-discrimination objectives. Regular monitoring and evaluation should be carried out to assess the way in which gender equality and non-discrimination issues are addressed in the Programme's activities. |
| --- | --- |

(15)

Pursuant to Articles 8 and 10 TFEU, the Programme in all its activities should support gender mainstreaming and the mainstreaming of non-discrimination objectives. Regular monitoring and evaluation should be carried out to assess the way in which gender equality and non-discrimination issues are addressed in the Programme's activities.

| (16) | Experience of action at Union level has shown that achieving the objectives of the Programme in practice calls for a combination of instruments, including legal acts, policy initiatives and funding. Funding is an important tool complementing legislative measures. |
| --- | --- |

(16)

Experience of action at Union level has shown that achieving the objectives of the Programme in practice calls for a combination of instruments, including legal acts, policy initiatives and funding. Funding is an important tool complementing legislative measures.

| (17) | In addition to being of real value to beneficiaries, actions funded under the Programme can generate evidence on which to base improved policy-making at national and at Union level. For example, the Daphne programmes have allowed for a real transfer of learning and good practices between all stakeholders involved, including Member States, in relation to preventing and combating violence against children, young people and women. |
| --- | --- |

(17)

In addition to being of real value to beneficiaries, actions funded under the Programme can generate evidence on which to base improved policy-making at national and at Union level. For example, the Daphne programmes have allowed for a real transfer of learning and good practices between all stakeholders involved, including Member States, in relation to preventing and combating violence against children, young people and women.

| (18) | The Commission Communication of 29 June 2011 entitled 'A budget for Europe 2020' stresses the need for the rationalisation and simplification of Union funding. Especially in view of the current economic crisis, it is of the utmost importance that Union funds be structured and managed in the most diligent manner. Meaningful simplification and efficient management of funding can be achieved through a reduction in the number of programmes and through the rationalisation, simplification and harmonisation of funding rules and procedures. |
| --- | --- |

(18)

The Commission Communication of 29 June 2011 entitled 'A budget for Europe 2020' stresses the need for the rationalisation and simplification of Union funding. Especially in view of the current economic crisis, it is of the utmost importance that Union funds be structured and managed in the most diligent manner. Meaningful simplification and efficient management of funding can be achieved through a reduction in the number of programmes and through the rationalisation, simplification and harmonisation of funding rules and procedures.

| (19) | In responding to the need for simplification, efficient management and easier access to funding, the Programme should continue and develop activities previously carried out on the basis of section 4 ('Antidiscrimination and diversity') and section 5 ('Gender equality') of the Progress programme established by Decision No 1672/2006/EC of the European Parliament and of the Council (7), the Fundamental rights and citizenship programme established by Council Decision 2007/252/EC (8) and the Daphne III programme. The mid-term evaluations of those programmes include recommendations aimed at improving the implementation of those programmes. The findings of those mid-term evaluations, as well as the findings of the respective ex-post evaluations, need to be taken into account in the implementation of the Programme. |
| --- | --- |

(19)

In responding to the need for simplification, efficient management and easier access to funding, the Programme should continue and develop activities previously carried out on the basis of section 4 ('Antidiscrimination and diversity') and section 5 ('Gender equality') of the Progress programme established by Decision No 1672/2006/EC of the European Parliament and of the Council (7), the Fundamental rights and citizenship programme established by Council Decision 2007/252/EC (8) and the Daphne III programme. The mid-term evaluations of those programmes include recommendations aimed at improving the implementation of those programmes. The findings of those mid-term evaluations, as well as the findings of the respective ex-post evaluations, need to be taken into account in the implementation of the Programme.

| (20) | Ensuring optimal use of the financial resources and improving the efficiency of spending should constitute guiding principles for achieving the objectives of the Programme. Adequate funding should be guaranteed to support the efforts to establish a Europe of rights. It is important to ensure that the Programme is implemented in the most effective and user-friendly manner possible, at the same time guaranteeing legal security and access to it for all participants. In order to facilitate access to funding for all potential beneficiaries, the application procedures and the financial management requirements should also be simplified and the administrative burdens removed. |
| --- | --- |

(20)

Ensuring optimal use of the financial resources and improving the efficiency of spending should constitute guiding principles for achieving the objectives of the Programme. Adequate funding should be guaranteed to support the efforts to establish a Europe of rights. It is important to ensure that the Programme is implemented in the most effective and user-friendly manner possible, at the same time guaranteeing legal security and access to it for all participants. In order to facilitate access to funding for all potential beneficiaries, the application procedures and the financial management requirements should also be simplified and the administrative burdens removed.

| (21) | The Commission Communication of 19 October 2010 entitled 'The EU Budget Review' and the Commission Communication of 29 June 2011 entitled 'A budget for Europe 2020' underline the importance of focusing funding on actions with clear European added value, i.e. where Union intervention can bring additional value compared to the action of Member States alone. Actions covered by this Regulation should contribute to the development of mutual trust between Member States, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all those concerned and should provide a sound analytical basis for the support and the development of Union law and policies, in so doing contributing to their enforcement and proper implementation. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning. |
| --- | --- |

(21)

The Commission Communication of 19 October 2010 entitled 'The EU Budget Review' and the Commission Communication of 29 June 2011 entitled 'A budget for Europe 2020' underline the importance of focusing funding on actions with clear European added value, i.e. where Union intervention can bring additional value compared to the action of Member States alone. Actions covered by this Regulation should contribute to the development of mutual trust between Member States, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all those concerned and should provide a sound analytical basis for the support and the development of Union law and policies, in so doing contributing to their enforcement and proper implementation. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

| (22) | In selecting actions for funding under the Programme, the Commission should assess the proposals against pre-identified criteria. Those criteria should include an assessment of the European added value of the proposed actions. National projects and small-scale projects can also have European added value. |
| --- | --- |

(22)

In selecting actions for funding under the Programme, the Commission should assess the proposals against pre-identified criteria. Those criteria should include an assessment of the European added value of the proposed actions. National projects and small-scale projects can also have European added value.

| (23) | Bodies and entities pursuing an aim of general European interest in the areas covered by the Programme should be regarded as key actors to the extent that they have proven, or can be expected to prove, to have a considerable effect on realising that aim, and should receive funding in accordance with the procedures and criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation. |
| --- | --- |

(23)

Bodies and entities pursuing an aim of general European interest in the areas covered by the Programme should be regarded as key actors to the extent that they have proven, or can be expected to prove, to have a considerable effect on realising that aim, and should receive funding in accordance with the procedures and criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.

| (24) | Harmonised services of social value should be interpreted within the meaning of Article 2 of Commission Decision No 116/2007/EC (9). |
| --- | --- |

(24)

Harmonised services of social value should be interpreted within the meaning of Article 2 of Commission Decision No 116/2007/EC (9).

| (25) | Bodies and entities that have access to the Programme should include national, regional and local authorities. |
| --- | --- |

(25)

Bodies and entities that have access to the Programme should include national, regional and local authorities.

| (26) | This Regulation lays down a financial envelope for the entire duration of the Programme which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (10), for the European Parliament and the Council during the annual budgetary procedure. |
| --- | --- |

(26)

This Regulation lays down a financial envelope for the entire duration of the Programme which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (10), for the European Parliament and the Council during the annual budgetary procedure.

| (27) | In order to ensure that the Programme is sufficiently flexible to respond to changing needs and corresponding policy priorities throughout its duration, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission concerning modification of the percentages set out in the Annex to this Regulation for each group of specific objectives that would exceed those percentages by more than 5 percentage points. To assess the need for such a delegated act, those percentages should be calculated on the basis of the financial envelope of the Programme for its entire duration, and not on the basis of annual appropriations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(27)

In order to ensure that the Programme is sufficiently flexible to respond to changing needs and corresponding policy priorities throughout its duration, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission concerning modification of the percentages set out in the Annex to this Regulation for each group of specific objectives that would exceed those percentages by more than 5 percentage points. To assess the need for such a delegated act, those percentages should be calculated on the basis of the financial envelope of the Programme for its entire duration, and not on the basis of annual appropriations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (28) | This Regulation should be implemented in full compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (11) (the "Financial Regulation"). In particular with regard to the eligibility conditions of value added tax (VAT) paid by grant beneficiaries, the eligibility of VAT should not depend on the legal status of the beneficiaries for activities which can be carried out by private and public bodies and entities under the same legal conditions. Taking into account the specific nature of the objectives and activities covered by this Regulation, it should be made clear, in calls for proposals, that, for activities which can be carried out by both public and private bodies and entities, the non-deductible VAT incurred by public bodies and entities is to be eligible, in so far as it is paid in respect of the implementation of activities, such as training or awareness-raising, which cannot be considered as the exercise of public authority. This Regulation should also make use of the simplification tools introduced by the Financial Regulation. Moreover, the criteria for identifying actions to be supported should aim at allocating the available financial resources to actions generating the highest impact in relation to the policy objective pursued. |
| --- | --- |

(28)

This Regulation should be implemented in full compliance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (11) (the "Financial Regulation"). In particular with regard to the eligibility conditions of value added tax (VAT) paid by grant beneficiaries, the eligibility of VAT should not depend on the legal status of the beneficiaries for activities which can be carried out by private and public bodies and entities under the same legal conditions. Taking into account the specific nature of the objectives and activities covered by this Regulation, it should be made clear, in calls for proposals, that, for activities which can be carried out by both public and private bodies and entities, the non-deductible VAT incurred by public bodies and entities is to be eligible, in so far as it is paid in respect of the implementation of activities, such as training or awareness-raising, which cannot be considered as the exercise of public authority. This Regulation should also make use of the simplification tools introduced by the Financial Regulation. Moreover, the criteria for identifying actions to be supported should aim at allocating the available financial resources to actions generating the highest impact in relation to the policy objective pursued.

| (29) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the adoption of annual work programmes. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12). |
| --- | --- |

(29)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the adoption of annual work programmes. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).

| (30) | The annual work programmes adopted by the Commission pursuant to this Regulation should ensure appropriate distribution of funds between grants and public procurement contracts. The Programme should primarily allocate funds to grants, while maintaining sufficient funding levels for procurement. The minimum percentage of annual expenditure to be allocated to grants should be established in the annual work programmes and should be not less than 65 %. To facilitate project planning and co-financing by stakeholders, the Commission should establish a clear timetable for the calls for proposals, selection of projects and award decisions. |
| --- | --- |

(30)

The annual work programmes adopted by the Commission pursuant to this Regulation should ensure appropriate distribution of funds between grants and public procurement contracts. The Programme should primarily allocate funds to grants, while maintaining sufficient funding levels for procurement. The minimum percentage of annual expenditure to be allocated to grants should be established in the annual work programmes and should be not less than 65 %. To facilitate project planning and co-financing by stakeholders, the Commission should establish a clear timetable for the calls for proposals, selection of projects and award decisions.

| (31) | In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular between the Programme and the Justice Programme established by Regulation (EU) No 1382/2013 of the European Parliament and of the Council (13), the ‘Europe for Citizens’ Programme, the "Europe for Citizens" Programme, the European Union Programme for Employment and Social Innovation established by Regulation (EU) No 1296/2013 of the European Parliament and of the Council (14) and other programmes in the areas of employment and social affairs; home affairs; health and consumer protection; education, training, youth and sport; the information society; enlargement, in particular the Instrument for Pre-accession Assistance (IPA II) and the European Structural and Investment Funds, the common provisions of which are laid down in Regulation (EU) No 1303/2013 of the European Parliament and of the Council (15). |
| --- | --- |

(31)

In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular between the Programme and the Justice Programme established by Regulation (EU) No 1382/2013 of the European Parliament and of the Council (13), the ‘Europe for Citizens’ Programme, the "Europe for Citizens" Programme, the European Union Programme for Employment and Social Innovation established by Regulation (EU) No 1296/2013 of the European Parliament and of the Council (14) and other programmes in the areas of employment and social affairs; home affairs; health and consumer protection; education, training, youth and sport; the information society; enlargement, in particular the Instrument for Pre-accession Assistance (IPA II) and the European Structural and Investment Funds, the common provisions of which are laid down in Regulation (EU) No 1303/2013 of the European Parliament and of the Council (15).

| (32) | The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as the European Institute for Gender Equality and the Agency for Fundamental Rights, and should take stock of the work of other national and international actors in the areas covered by the Programme. |
| --- | --- |

(32)

The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, such as the European Institute for Gender Equality and the Agency for Fundamental Rights, and should take stock of the work of other national and international actors in the areas covered by the Programme.

| (33) | The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and financial penalties in accordance with the Financial Regulation. |
| --- | --- |

(33)

The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and financial penalties in accordance with the Financial Regulation.

| (34) | In order to implement the principle of sound financial management, this Regulation should provide for appropriate tools to assess its performance. To that end, it should define general and specific objectives. To measure the achievement of those specific objectives, a set of concrete and quantifiable indicators should be established which should remain valid for the whole duration of the Programme. The Commission should submit annually to the European Parliament and to the Council a monitoring report which should be based inter alia on the indicators set out in this Regulation and which should give information on the use of available funds. |
| --- | --- |

(34)

In order to implement the principle of sound financial management, this Regulation should provide for appropriate tools to assess its performance. To that end, it should define general and specific objectives. To measure the achievement of those specific objectives, a set of concrete and quantifiable indicators should be established which should remain valid for the whole duration of the Programme. The Commission should submit annually to the European Parliament and to the Council a monitoring report which should be based inter alia on the indicators set out in this Regulation and which should give information on the use of available funds.

| (35) | In the implementation of the Programme, the Commission should take into account the objective of fair geographic distribution of funds, and should provide assistance in those Member States where the number of funded actions is relatively low. When implementing the Programme, the Commission should also take into account whether, according to internationally recognised indices/monitoring bodies, action needs to be taken in some Member States in order to ensure the effective achievement of the objectives of the Programme, and should support action from the Member States or civil society in those areas. |
| --- | --- |

(35)

In the implementation of the Programme, the Commission should take into account the objective of fair geographic distribution of funds, and should provide assistance in those Member States where the number of funded actions is relatively low. When implementing the Programme, the Commission should also take into account whether, according to internationally recognised indices/monitoring bodies, action needs to be taken in some Member States in order to ensure the effective achievement of the objectives of the Programme, and should support action from the Member States or civil society in those areas.

| (36) | In accordance with point (l) of Article 180(1) of Commission Delegated Regulation (EU) No 1268/2012 (16) (the "Rules of Application"), the grant agreements should lay down provisions governing the visibility of the Union financial support, except in duly justified cases where public display is not possible or appropriate. |
| --- | --- |

(36)

In accordance with point (l) of Article 180(1) of Commission Delegated Regulation (EU) No 1268/2012 (16) (the "Rules of Application"), the grant agreements should lay down provisions governing the visibility of the Union financial support, except in duly justified cases where public display is not possible or appropriate.

| (37) | In accordance with Article 35(2) and (3) of the Financial Regulation and Article 21 of its Rules of Application, the Commission should make available, in an appropriate and timely manner, information concerning recipients and concerning the nature and purpose of the measures financed from the general budget of the Union. That information should be made available with due observance of the requirements of confidentiality and security, in particular the protection of personal data. |
| --- | --- |

(37)

In accordance with Article 35(2) and (3) of the Financial Regulation and Article 21 of its Rules of Application, the Commission should make available, in an appropriate and timely manner, information concerning recipients and concerning the nature and purpose of the measures financed from the general budget of the Union. That information should be made available with due observance of the requirements of confidentiality and security, in particular the protection of personal data.

| (38) | Since the objective of this Regulation, namely to contribute to the further development of an area where equality and the rights of persons, as enshrined in the TEU, the TFEU and the Charter and in international human rights conventions to which the Union has acceded, are promoted, protected and effectively implemented, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(38)

Since the objective of this Regulation, namely to contribute to the further development of an area where equality and the rights of persons, as enshrined in the TEU, the TFEU and the Charter and in international human rights conventions to which the Union has acceded, are promoted, protected and effectively implemented, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (39) | In order to ensure the continuity of funding of activities previously carried out on the basis of sections 4 and 5 of Decision No 1672/2006/EC, Decision 2007/252/EC and Decision No 779/2007/EC, this Regulation should enter into force on the day following that of its publication, |
| --- | --- |

(39)

In order to ensure the continuity of funding of activities previously carried out on the basis of sections 4 and 5 of Decision No 1672/2006/EC, Decision 2007/252/EC and Decision No 779/2007/EC, this Regulation should enter into force on the day following that of its publication,

HAVE ADOPTED THIS REGULATION:

Article 1

Establishment and duration of the Programme

1.   This Regulation establishes a Rights, Equality and Citizenship Programme ('the Programme').

2.   The Programme shall cover the period from 1 January 2014 to 31 December 2020.

Article 2

European added value

1.   The Programme shall finance actions with European added value. To that end, the Commission shall ensure that the actions selected for funding are intended to produce results with European added value.

2.   The European added value of actions, including that of small-scale and national actions, shall be assessed in the light of criteria such as their contribution to the consistent and coherent implementation of Union law, and to wide public awareness about the rights deriving from it, their potential to develop mutual trust among Member States and to improve cross-border cooperation, their transnational impact, their contribution to the elaboration and dissemination of best practices or their potential to contribute to the creation of minimum standards, practical tools and solutions that address cross-border or Union-wide challenges.

Article 3

General objective

The general objective of the Programme shall be to contribute, in accordance with Article 4, to the further development of an area where equality and the rights of persons as enshrined in the TEU, in the TFEU, in the Charter and in the international human rights conventions to which the Union has acceded, are promoted, protected and effectively implemented.

Article 4

Specific objectives

1.   To achieve the general objective set out in Article 3, the Programme shall have the following specific objectives:

| (a) | to promote the effective implementation of the principle of non -discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to respect the principle of non-discrimination on the grounds provided for in Article 21 of the Charter; |
| --- | --- |

(a)

to promote the effective implementation of the principle of non -discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to respect the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;

| (b) | to prevent and combat racism, xenophobia, homophobia and other forms of intolerance; |
| --- | --- |

(b)

to prevent and combat racism, xenophobia, homophobia and other forms of intolerance;

| (c) | to promote and protect the rights of persons with disabilities; |
| --- | --- |

(c)

to promote and protect the rights of persons with disabilities;

| (d) | to promote equality between women and men and to advance gender mainstreaming; |
| --- | --- |

(d)

to promote equality between women and men and to advance gender mainstreaming;

| (e) | to prevent and combat all forms of violence against children, young people and women, as well as violence against other groups at risk, in particular groups at risk of violence in close relationships, and to protect victims of such violence; |
| --- | --- |

(e)

to prevent and combat all forms of violence against children, young people and women, as well as violence against other groups at risk, in particular groups at risk of violence in close relationships, and to protect victims of such violence;

| (f) | to promote and protect the rights of the child; |
| --- | --- |

(f)

to promote and protect the rights of the child;

| (g) | to contribute to ensuring the highest level of protection of privacy and personal data; |
| --- | --- |

(g)

to contribute to ensuring the highest level of protection of privacy and personal data;

| (h) | to promote and enhance the exercise of rights deriving from citizenship of the Union; |
| --- | --- |

(h)

to promote and enhance the exercise of rights deriving from citizenship of the Union;

| (i) | to enable individuals in their capacity as consumers or entrepreneurs in the internal market to enforce their rights deriving from Union law, having regard to the projects funded under the Consumer Programme. |
| --- | --- |

(i)

to enable individuals in their capacity as consumers or entrepreneurs in the internal market to enforce their rights deriving from Union law, having regard to the projects funded under the Consumer Programme.

2.   The specific objectives of the Programme shall be pursued through, in particular:

| (a) | enhancing awareness and knowledge of Union law and policies as well as of the rights, values and principles underpinning the Union; |
| --- | --- |

(a)

enhancing awareness and knowledge of Union law and policies as well as of the rights, values and principles underpinning the Union;

| (b) | supporting the effective, comprehensive and consistent implementation and application of Union law instruments and policies in the Member States and the monitoring and evaluation thereof; |
| --- | --- |

(b)

supporting the effective, comprehensive and consistent implementation and application of Union law instruments and policies in the Member States and the monitoring and evaluation thereof;

| (c) | promoting cross-border cooperation, improving mutual knowledge and enhancing mutual trust among all stakeholders; |
| --- | --- |

(c)

promoting cross-border cooperation, improving mutual knowledge and enhancing mutual trust among all stakeholders;

| (d) | improving knowledge and understanding of potential obstacles to the exercise of rights and principles guaranteed by the TEU, the TFEU, the Charter, international conventions to which the Union has acceded, and secondary Union legislation. |
| --- | --- |

(d)

improving knowledge and understanding of potential obstacles to the exercise of rights and principles guaranteed by the TEU, the TFEU, the Charter, international conventions to which the Union has acceded, and secondary Union legislation.

Article 5

Types of actions

1.   The Programme shall finance inter alia the following types of actions:

| (a) | analytical activities, such as the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; the elaboration and publication of guides, reports and educational material; workshops, seminars, experts' meetings and conferences; |
| --- | --- |

(a)

analytical activities, such as the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; the elaboration and publication of guides, reports and educational material; workshops, seminars, experts' meetings and conferences;

| (b) | training activities, such as staff exchanges, workshops, seminars, train-the-trainer events and the development of online training tools or other training modules; |
| --- | --- |

(b)

training activities, such as staff exchanges, workshops, seminars, train-the-trainer events and the development of online training tools or other training modules;

| (c) | mutual learning, cooperation, awareness-raising and dissemination activities, such as the identification of, and exchanges concerning, good practices, innovative approaches and experiences; the organisation of peer reviews and mutual learning; the organisation of conferences, seminars, media campaigns, including in the online media, information campaigns, including institutional communication on the political priorities of the Union as far as they relate to the objectives of the Programme; the compilation and publication of materials to disseminate information about the Programme and its results; the development, operation and maintenance of systems and tools using information and communication technologies; |
| --- | --- |

(c)

mutual learning, cooperation, awareness-raising and dissemination activities, such as the identification of, and exchanges concerning, good practices, innovative approaches and experiences; the organisation of peer reviews and mutual learning; the organisation of conferences, seminars, media campaigns, including in the online media, information campaigns, including institutional communication on the political priorities of the Union as far as they relate to the objectives of the Programme; the compilation and publication of materials to disseminate information about the Programme and its results; the development, operation and maintenance of systems and tools using information and communication technologies;

| (d) | support for main actors whose activities contribute to the implementation of the objectives of the Programme, such as support for NGOs in the implementation of actions with European added value, support for key European actors, European-level networks and harmonised services of social value; support for Member States in the implementation of Union law and policies; and support for networking activities at European level among specialised bodies and entities as well as national, regional and local authorities and NGOs, including support by way of action grants or operating grants. |
| --- | --- |

(d)

support for main actors whose activities contribute to the implementation of the objectives of the Programme, such as support for NGOs in the implementation of actions with European added value, support for key European actors, European-level networks and harmonised services of social value; support for Member States in the implementation of Union law and policies; and support for networking activities at European level among specialised bodies and entities as well as national, regional and local authorities and NGOs, including support by way of action grants or operating grants.

2.   In order to ensure an inclusive perspective, beneficiaries shall encourage the participation of relevant target groups in actions financed by the Programme.

Article 6

Participation

1.   Access to the Programme shall be open to all bodies and entities legally established in:

| (a) | Member States; |
| --- | --- |

(a)

Member States;

| (b) | European Free Trade Association (EFTA) countries which are parties to the Agreement on the European Economic Area, in accordance with that Agreement; |
| --- | --- |

(b)

European Free Trade Association (EFTA) countries which are parties to the Agreement on the European Economic Area, in accordance with that Agreement;

| (c) | candidate countries, potential candidates and countries acceding to the Union, in accordance with the general principles and the general terms and conditions laid down for the participation of those countries in the Union programmes established in the respective Framework Agreements and Association Council decisions, or similar agreements. |
| --- | --- |

(c)

candidate countries, potential candidates and countries acceding to the Union, in accordance with the general principles and the general terms and conditions laid down for the participation of those countries in the Union programmes established in the respective Framework Agreements and Association Council decisions, or similar agreements.

2.   Bodies and entities which are profit-oriented shall have access to the Programme only in conjunction with non-profit or public organisations.

3.   Bodies and entities legally established in third countries, other than those participating in the Programme in accordance with points (b) and (c) of paragraph 1, in particular countries where the European Neighbourhood Policy applies, may be associated to the actions of the Programme at their own cost, if this serves the purpose of those actions.

4.   The Commission may cooperate with international organisations under the conditions laid down in the relevant annual work programme. Access to the Programme shall be open to international organisations active in the areas covered by the Programme in accordance with the Financial Regulation and the relevant annual work programme.

Article 7

Budget

1.   The financial envelope for the implementation of the Programme for the period 2014 to 2020 is set at EUR 439 473 000.

2.   The financial allocation of the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the Programme and the assessment of the achievement of its objectives. The financial allocation may cover expenses relating to the necessary studies, meetings of experts, information and communication actions, including institutional communication of the political priorities of the Union, in so far as they are related to the general objectives of this Regulation, as well as expenses linked to information technology networks focusing on information processing and exchange; and other technical and administrative assistance needed in connection with the management of the Programme by the Commission.

3.   The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework established by Council Regulation (EU, Euratom) No 1311/2013 (17).

4.   Within the financial envelope for the Programme, amounts shall be allocated to each group of specific objectives in accordance with the percentages set out in the Annex.

5.   The Commission shall not depart from the allocated percentages of the financial envelope, as set out in the Annex, by more than 5 percentage points for each group of specific objectives. Should it prove necessary to exceed that limit, the Commission shall be empowered to adopt delegated acts in accordance with Article 8 to modify each of the figures in the Annex by more than 5 and up to 10 percentage points.

Article 8

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 7(5) shall be conferred on the Commission for the duration of the Programme.

3.   The delegation of power referred to in Article 7(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 7(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 9

Implementing measures

1.   The Commission shall implement the Programme in accordance with the Financial Regulation.

2.   In order to implement the Programme, the Commission shall adopt annual work programmes in the form of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).

3.   Each annual work programme shall implement the objectives of the Programme by determining the following:

| (a) | the actions to be undertaken, in accordance with the general and specific objectives set out in Article 3 and Article 4(1), including the indicative allocation of financial resources; |
| --- | --- |

(a)

the actions to be undertaken, in accordance with the general and specific objectives set out in Article 3 and Article 4(1), including the indicative allocation of financial resources;

| (b) | the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions in accordance with Article 84 of the Financial Regulation and with Article 94 of its Rules of Application; |
| --- | --- |

(b)

the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions in accordance with Article 84 of the Financial Regulation and with Article 94 of its Rules of Application;

| (c) | the minimum percentage of annual expenditure to be allocated to grants. |
| --- | --- |

(c)

the minimum percentage of annual expenditure to be allocated to grants.

4.   Appropriate and fair distribution of financial support between different areas covered by the specific objectives referred to in Article 4(1) shall be ensured, while taking into account the level of funding already allocated under the previous 2007-2013 programmes established by the Decisions referred to in Article 15. When deciding on the allocation of funds to those areas in the annual work programmes, the Commission shall take into consideration the need to maintain sufficient funding levels and shall ensure continuity of actions and predictability of funding in all areas covered by the specific objectives set out in Article 4(1).

5.   Calls for proposals shall be published on an annual basis.

Article 10

Committee procedure

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 11

Complementarity

1.   The Commission, in cooperation with the Member States, shall ensure overall consistency and complementarity and synergies with other Union instruments including, inter alia, the Justice Programme, the "Europe for Citizens" Programme and the European Union Programme for Employment and Social Innovation, and with other programmes in the areas of employment and social affairs; home affairs, health and consumer protection; education, training, youth and sport; the information society; and enlargement, in particular the Instrument for Pre-accession Assistance (IPA II) and the European Structural and Investment Funds.

2.   The Commission shall also ensure overall consistency, complementarity and synergies with the work of the Union bodies, offices and agencies operating in areas covered by the objectives of the Programme.

3.   The Programme may share resources with other Union instruments, in particular the Justice Programme, in order to implement actions meeting the objectives of both programmes. An action for which funding has been awarded from the Programme may also give rise to the award of funding from the Justice Programme, provided that the funding does not cover the same cost items.

Article 12

Protection of the financial interests of the Union

1.   The Commission shall take appropriate measures ensuring that, when actions financed under the Programme are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.

2.   The Commission or its representatives and the Court of Auditors shall have the power of audit, both on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds under the Programme.

3.   The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (18) and in Council Regulation (Euratom, EC) No 2185/96 (19) with a view to establishing whether fraud, corruption or any other illegal activity has occurred affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded under the Programme.

4.   Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and with international organisations, grant agreements, grant decisions and contracts, resulting from the implementation of the Programme shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct the audits and investigations referred to in those paragraphs, in accordance with their respective competences.

Article 13

Monitoring and evaluation

1.   The Commission shall monitor the Programme annually in order to follow the implementation of actions carried out under it and the achievement of the specific objectives set out in Article 4. The monitoring shall also provide a means of assessing the way in which gender equality, non-discrimination and child protection issues have been addressed across the Programme's actions.

2.   The Commission shall provide the European Parliament and the Council with:

| (a) | an annual monitoring report based on the indicators set out in Article 14(2) and on the use of the available funds; |
| --- | --- |

(a)

an annual monitoring report based on the indicators set out in Article 14(2) and on the use of the available funds;

| (b) | an interim evaluation report by 30 June 2018; |
| --- | --- |

(b)

an interim evaluation report by 30 June 2018;

| (c) | an ex-post evaluation report by 31 December 2021. |
| --- | --- |

(c)

an ex-post evaluation report by 31 December 2021.

3.   The interim evaluation report shall assess the achievement of the Programme's objectives, the efficiency of the use of resources and the Programme's European added value with a view to determining whether funding in areas covered by the Programme should be renewed, modified or suspended after 2020. It shall also address the scope for any simplification of the Programme, its internal and external coherence, and the continued relevance of all objectives and actions. It shall take into account the results of the ex-post evaluations of the previous 2007-2013 programmes established by the Decisions referred to in Article 15.

4.   The ex-post evaluation report shall assess the long-term impact of the Programme and the sustainability of the effects of the Programme, with a view to informing a decision on a subsequent programme.

Article 14

Indicators

1.   In accordance with Article 13, the indicators set out in paragraph 2 of this Article shall serve as a basis for monitoring and evaluating the extent to which each of the Programme's specific objectives set out in Article 4 has been achieved through the actions provided for in Article 5. They shall be measured against pre-defined baselines reflecting the situation before implementation. Where relevant, indicators shall be broken down by, inter alia, sex, age and disability.

2.   The indicators referred to in paragraph 1 shall include, inter alia, the following:

| (a) | the number and percentage of persons in a target group reached by the awareness-raising activities funded by the Programme; |
| --- | --- |

(a)

the number and percentage of persons in a target group reached by the awareness-raising activities funded by the Programme;

| (b) | the number of stakeholders participating in, inter alia, training activities, exchanges, study visits, workshops and seminars funded by the Programme; |
| --- | --- |

(b)

the number of stakeholders participating in, inter alia, training activities, exchanges, study visits, workshops and seminars funded by the Programme;

| (c) | the improvement in the level of knowledge of Union law and policies and, where applicable, of rights, values and principles underpinning the Union, in the groups participating in activities funded by the Programme compared to with the entire target group; |
| --- | --- |

(c)

the improvement in the level of knowledge of Union law and policies and, where applicable, of rights, values and principles underpinning the Union, in the groups participating in activities funded by the Programme compared to with the entire target group;

| (d) | the number of cases, activities and outputs of cross-border cooperation; |
| --- | --- |

(d)

the number of cases, activities and outputs of cross-border cooperation;

| (e) | participants' assessment of the activities in which they participated and of their (expected) sustainability; |
| --- | --- |

(e)

participants' assessment of the activities in which they participated and of their (expected) sustainability;

| (f) | the geographical coverage of the activities funded by the Programme; |
| --- | --- |

(f)

the geographical coverage of the activities funded by the Programme;

| (g) | the number of applications and grants related to each specific objective; |
| --- | --- |

(g)

the number of applications and grants related to each specific objective;

| (h) | the level of funding requested by applicants and granted in relation to each specific objective. |
| --- | --- |

(h)

the level of funding requested by applicants and granted in relation to each specific objective.

3.   In addition to the indicators set out in paragraph 2, the interim and ex-post evaluation reports of the Programme shall assess, inter alia:

| (a) | the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding and their (expected) results; and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question; |
| --- | --- |

(a)

the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding and their (expected) results; and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question;

| (b) | the level of funding in relation to the outcomes achieved (efficiency); |
| --- | --- |

(b)

the level of funding in relation to the outcomes achieved (efficiency);

| (c) | the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification). |
| --- | --- |

(c)

the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification).

Article 15

Transitional measures

Actions initiated on the basis of section 4 ("Antidiscrimination and diversity") and section 5 ("Gender equality") of Decision No 1672/2006/EC, Decision 2007/252/EC or Decision No 779/2007/EC shall continue to be governed by the provisions of those Decisions until their completion. In respect of those actions, reference to the committees provided for in Article 13 of Decision No 1672/2006/EC, in Article 10 of Decision 2007/252/EC and in Article 10 of Decision No 779/2007/EC shall be interpreted as references to the committee provided for in Article 10(1) of this Regulation.

Article 16

Entry into force

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

Official Journal of the European Union

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

Done at Brussels, 17 December 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

L. LINKEVIČIUS

---

(1)  
  OJ C 191, 29.6.2012, p. 108.

1

(2)  
  OJ C 277, 13.9.2012, p. 43.

2

(3)  Position of the European Parliament of 11 December 2013 (not yet published in the Official Journal) and decision of the Council of 16 December 2013.

3

(4)  
  OJ C 115, 4.5.2010, p. 1.

4

(5)  
  OJ C 258, 2.9.2011, p. 6.

5

(6)  Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (OJ L 34, 9.2.2000, p. 1); Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne II programme) (OJ L 143, 30.4.2004, p. 1); Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme Fundamental Rights and Justice (OJ L 173, 3.7.2007, p. 19).

6

(7)  Decision No 1672/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity – Progress (OJ L 315, 15.11.2006, p. 1).

7

(8)  Council Decision 2007/252/EC of 19 April 2007 establishing for the period 2007-2013 the specific programme 'Fundamental rights and citizenship' as part of the General programme 'Fundamental Rights and Justice' (OJ L 110, 27.4.2007, p. 33).

8

(9)  Commission Decision No 116/2007/EC of 15 February 2007 on reserving the national numbering range beginning with '116' for harmonised numbers for harmonised services of social value (OJ L 49, 17.2.2007, p. 30).

9

(10)  
  OJ C 373, 20.12.2013, p. 1.

10

(11)  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 and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

11

(12)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

12

(13)  Regulation (EU) No 1382/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Justice Programme for the period 2014 to 2020 (see page 73 of this Official Journal).

13

(14)  Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation ("EaSI") and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (OJ L 347, 20.12.2013, p. 238).

14

(15)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).

15

(16)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

16

(17)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

17

(18)  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).

18

(19)  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).

19

---

ANNEX

ALLOCATION OF FUNDS

Within the financial envelope for the Programme, amounts shall be allocated as follows to the groups of specific objectives set out in Article 4(1):

| Group of specific objectives | Share of the financial envelope (in %) |
| --- | --- |
| Group 1 | 57  % |

Group of specific objectives

Share of the financial envelope (in %)

Group 1

57  %

| — | to promote the effective implementation of the principle of non-discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to respect the principle of non-discrimination on the grounds provided for in Article 21 of the Charter; |
| --- | --- |

—

to promote the effective implementation of the principle of non-discrimination on grounds of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to respect the principle of non-discrimination on the grounds provided for in Article 21 of the Charter;

| — | to prevent and combat racism, xenophobia, homophobia and other forms of intolerance; |
| --- | --- |

—

to prevent and combat racism, xenophobia, homophobia and other forms of intolerance;

| — | to promote and protect the rights of persons with disabilities; |
| --- | --- |

—

to promote and protect the rights of persons with disabilities;

| — | to promote equality between women and men and to advance gender mainstreaming; |
| --- | --- |

—

to promote equality between women and men and to advance gender mainstreaming;

| Group 2 | 43  % |
| --- | --- |

Group 2

43  %

| — | to prevent and combat all forms of violence against children, young people and women, as well as violence against other groups at risk, in particular groups at risk of violence in close relationships, and to protect victims of such violence; |
| --- | --- |

—

to prevent and combat all forms of violence against children, young people and women, as well as violence against other groups at risk, in particular groups at risk of violence in close relationships, and to protect victims of such violence;

| — | to promote and protect the rights of the child; |
| --- | --- |

—

to promote and protect the rights of the child;

| — | to contribute to ensuring the highest level of protection of privacy and personal data; |
| --- | --- |

—

to contribute to ensuring the highest level of protection of privacy and personal data;

| — | to promote and enhance the exercise of rights deriving from citizenship of the Union; |
| --- | --- |

—

to promote and enhance the exercise of rights deriving from citizenship of the Union;

| — | to enable individuals in their capacity as consumers or entrepreneurs in the internal market to enforce their rights deriving from Union law, having regard to the projects funded under the Consumer Programme. |
| --- | --- |

—

to enable individuals in their capacity as consumers or entrepreneurs in the internal market to enforce their rights deriving from Union law, having regard to the projects funded under the Consumer Programme.

---

| 28.12.2013 | EN | Official Journal of the European Union | L 354/73 |
| --- | --- | --- | --- |

28.12.2013

EN

Official Journal of the European Union

L 354/73

---

REGULATION (EU) No 1382/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 December 2013

establishing a Justice Programme for the period 2014 to 2020

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(1) and (2), Article 82(1) and Article 84 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, in which persons are free to move. To that end, the Union may adopt measures to develop judicial cooperation in civil and criminal matters and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles, such as non-discrimination, gender equality, effective access to justice for all, the rule of law and a well-functioning independent judicial system should be ensured in the further development of a European area of justice. |
| --- | --- |

(1)

The Treaty on the Functioning of the European Union (TFEU) provides for the creation of an area of freedom, security and justice, in which persons are free to move. To that end, the Union may adopt measures to develop judicial cooperation in civil and criminal matters and to promote and support the action of Member States in the field of crime prevention. Respect for fundamental rights as well as for common principles, such as non-discrimination, gender equality, effective access to justice for all, the rule of law and a well-functioning independent judicial system should be ensured in the further development of a European area of justice.

| (2) | In the Stockholm Programme (4) the European Council reaffirmed the priority of developing an area of freedom, security and justice and specified as a political priority the achievement of a Europe of law and justice. Financing was identified as one of the important tools for the successful implementation of the Stockholm Programme's political priorities. The ambitious goals set by the Treaties and by the Stockholm Programme should be attained inter alia by establishing, for the period 2014 to 2020, a flexible and effective Justice Programme (the "Programme") which should facilitate planning and implementation. The general and specific objectives of the Programme should be interpreted in line with the relevant strategic guidelines defined by the European Council. |
| --- | --- |

(2)

In the Stockholm Programme (4) the European Council reaffirmed the priority of developing an area of freedom, security and justice and specified as a political priority the achievement of a Europe of law and justice. Financing was identified as one of the important tools for the successful implementation of the Stockholm Programme's political priorities. The ambitious goals set by the Treaties and by the Stockholm Programme should be attained inter alia by establishing, for the period 2014 to 2020, a flexible and effective Justice Programme (the "Programme") which should facilitate planning and implementation. The general and specific objectives of the Programme should be interpreted in line with the relevant strategic guidelines defined by the European Council.

| (3) | The Commission Communication of 3 March 2010 on the Europe 2020 Strategy sets out a strategy for smart, sustainable and inclusive growth. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross-border situations are eliminated, should be developed as a key element to support the specific objectives and flagship initiatives of the Europe 2020 Strategy and to facilitate mechanisms designed to promote growth. |
| --- | --- |

(3)

The Commission Communication of 3 March 2010 on the Europe 2020 Strategy sets out a strategy for smart, sustainable and inclusive growth. A well-functioning area of justice, where obstacles in cross-border judicial proceedings and access to justice in cross-border situations are eliminated, should be developed as a key element to support the specific objectives and flagship initiatives of the Europe 2020 Strategy and to facilitate mechanisms designed to promote growth.

| (4) | For the purposes of this Regulation, the term "judiciary and judicial staff" should be interpreted so as to include judges, prosecutors and court officers, as well as other legal practitioners associated with the judiciary, such as lawyers, notaries, bailiffs, probation officers, mediators and court interpreters. |
| --- | --- |

(4)

For the purposes of this Regulation, the term "judiciary and judicial staff" should be interpreted so as to include judges, prosecutors and court officers, as well as other legal practitioners associated with the judiciary, such as lawyers, notaries, bailiffs, probation officers, mediators and court interpreters.

| (5) | Judicial training is central to building mutual trust and improves cooperation between judicial authorities and practitioners in the various Member States. Judicial training should be seen as an essential element in promoting a genuine European judicial culture in the context of the Commission Communication of 13 September 2011 entitled "Building trust in EU-wide justice. A new dimension to European judicial training", the Council Resolution on the training of judges, prosecutors and judicial staff in the European Union (5), the Council conclusions of 27 and 28 October 2011 on European judicial training and the European Parliament resolution of 14 March 2012 on judicial training. |
| --- | --- |

(5)

Judicial training is central to building mutual trust and improves cooperation between judicial authorities and practitioners in the various Member States. Judicial training should be seen as an essential element in promoting a genuine European judicial culture in the context of the Commission Communication of 13 September 2011 entitled "Building trust in EU-wide justice. A new dimension to European judicial training", the Council Resolution on the training of judges, prosecutors and judicial staff in the European Union (5), the Council conclusions of 27 and 28 October 2011 on European judicial training and the European Parliament resolution of 14 March 2012 on judicial training.

| (6) | Judicial training can involve different actors, such as Member States' legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network (EJTN), the Academy of European Law (ERA), the European Network of Councils for the Judiciary (ENCJ), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe), the Network of the Presidents of Supreme Judicial Courts of the European Union (RPCSJUE) and the European Institute of Public Administration (EIPA), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation. |
| --- | --- |

(6)

Judicial training can involve different actors, such as Member States' legal, judicial and administrative authorities, academic institutions, national bodies responsible for judicial training, European-level training organisations or networks, or networks of court coordinators of Union law. Bodies and entities pursuing a general European interest in the field of training of the judiciary, such as the European Judicial Training Network (EJTN), the Academy of European Law (ERA), the European Network of Councils for the Judiciary (ENCJ), the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union (ACA-Europe), the Network of the Presidents of Supreme Judicial Courts of the European Union (RPCSJUE) and the European Institute of Public Administration (EIPA), should continue to play their role in promoting training programmes with a genuine European dimension for the judiciary and judicial staff, and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the Commission pursuant to this Regulation.

| (7) | The Union should facilitate training activities on the implementation of Union law by considering the salaries of participating judiciary and judicial staff incurred by the Member States' authorities as eligible costs or co-financing in kind, in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6) (the "Financial Regulation"). |
| --- | --- |

(7)

The Union should facilitate training activities on the implementation of Union law by considering the salaries of participating judiciary and judicial staff incurred by the Member States' authorities as eligible costs or co-financing in kind, in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6) (the "Financial Regulation").

| (8) | Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement and to public office-holders obliged by the law to provide parties with independent and impartial legal advice. |
| --- | --- |

(8)

Access to justice should include, in particular, access to courts, to alternative methods of dispute settlement and to public office-holders obliged by the law to provide parties with independent and impartial legal advice.

| (9) | In December 2012 the Council endorsed the EU Drugs Strategy (2013-20) (7), which aims to take a balanced approach based on simultaneous reduction of drug demand and drug supply, acknowledging that drug demand reduction and drug supply reduction are mutually reinforcing elements in illicit drugs policy. That Strategy maintains as one of its main objectives the aim of contributing to a measurable reduction of drug demand, of drug dependence and of drug-related health and social risks and harms. Whereas the Drug prevention and information programme established by Decision No 1150/2007/EC of the European Parliament and of the Council (8) was based on a public health legal basis and covered those aspects, the Programme is founded on a different legal basis and should aim at the further development of a European area of justice based on mutual recognition and mutual trust, in particular by promoting judicial cooperation. Thus, in responding to the need for simplification and in line with the legal basis of each programme, the Health for Growth Programme can support measures to complement the Member's States action in attaining the objective of reducing drug-related health damage, including information and prevention. |
| --- | --- |

(9)

In December 2012 the Council endorsed the EU Drugs Strategy (2013-20) (7), which aims to take a balanced approach based on simultaneous reduction of drug demand and drug supply, acknowledging that drug demand reduction and drug supply reduction are mutually reinforcing elements in illicit drugs policy. That Strategy maintains as one of its main objectives the aim of contributing to a measurable reduction of drug demand, of drug dependence and of drug-related health and social risks and harms. Whereas the Drug prevention and information programme established by Decision No 1150/2007/EC of the European Parliament and of the Council (8) was based on a public health legal basis and covered those aspects, the Programme is founded on a different legal basis and should aim at the further development of a European area of justice based on mutual recognition and mutual trust, in particular by promoting judicial cooperation. Thus, in responding to the need for simplification and in line with the legal basis of each programme, the Health for Growth Programme can support measures to complement the Member's States action in attaining the objective of reducing drug-related health damage, including information and prevention.

| (10) | Another important element of the EU Drugs Strategy (2013-20) is drug supply reduction. Whereas the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, should support actions aimed at preventing and combating the trafficking of drugs and other types of crime, and in particular measures targeting the production, manufacture, extraction, sale, transport, importation and exportation of illegal drugs, including possession and purchase with a view to engaging in drug trafficking activities, the Programme should cover those aspects of drugs policy that are not covered by the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, or by the Health for Growth Programme and are closely linked to its general objective. |
| --- | --- |

(10)

Another important element of the EU Drugs Strategy (2013-20) is drug supply reduction. Whereas the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, should support actions aimed at preventing and combating the trafficking of drugs and other types of crime, and in particular measures targeting the production, manufacture, extraction, sale, transport, importation and exportation of illegal drugs, including possession and purchase with a view to engaging in drug trafficking activities, the Programme should cover those aspects of drugs policy that are not covered by the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, or by the Health for Growth Programme and are closely linked to its general objective.

| (11) | In any case, the continued financing of the priorities under the 2007-2013 programming period that have been maintained as objectives under the new EU Drugs Strategy (2013-20) should be ensured, and funds should therefore be available from the Health for Growth Programme, the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, and the Programme in accordance with their respective priorities and legal bases while avoiding any duplicate financing. |
| --- | --- |

(11)

In any case, the continued financing of the priorities under the 2007-2013 programming period that have been maintained as objectives under the new EU Drugs Strategy (2013-20) should be ensured, and funds should therefore be available from the Health for Growth Programme, the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, and the Programme in accordance with their respective priorities and legal bases while avoiding any duplicate financing.

| (12) | Pursuant to Article 3(3) of the Treaty on European Union (TEU), Article 24 of the Charter of Fundamental Rights of the European Union (the "Charter") and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, including the right to due process, the right to understand the proceedings, the right to respect for private and family life and the right to integrity and dignity. The Programme should aim, in particular, to increase child protection within justice systems and access to justice for children, and should mainstream the promotion of the rights of the child in the implementation of all of its actions. |
| --- | --- |

(12)

Pursuant to Article 3(3) of the Treaty on European Union (TEU), Article 24 of the Charter of Fundamental Rights of the European Union (the "Charter") and the 1989 United Nations Convention on the Rights of the Child, the Programme should support the protection of the rights of the child, including the right to due process, the right to understand the proceedings, the right to respect for private and family life and the right to integrity and dignity. The Programme should aim, in particular, to increase child protection within justice systems and access to justice for children, and should mainstream the promotion of the rights of the child in the implementation of all of its actions.

| (13) | Pursuant to Articles 8 and 10 TFEU, the Programme should support the mainstreaming of equality between women and men and non-discrimination objectives in all its activities. Regular monitoring and evaluation should be carried out to assess the way in which gender equality and non-discrimination issues are addressed in the Programme's activities. |
| --- | --- |

(13)

Pursuant to Articles 8 and 10 TFEU, the Programme should support the mainstreaming of equality between women and men and non-discrimination objectives in all its activities. Regular monitoring and evaluation should be carried out to assess the way in which gender equality and non-discrimination issues are addressed in the Programme's activities.

| (14) | Experience of action at Union level has shown that achieving the objectives of the Programme in practice calls for a combination of instruments, including legal acts, policy initiatives and funding. Funding is an important tool complementing legislative measures. |
| --- | --- |

(14)

Experience of action at Union level has shown that achieving the objectives of the Programme in practice calls for a combination of instruments, including legal acts, policy initiatives and funding. Funding is an important tool complementing legislative measures.

| (15) | In its conclusions of 22 and 23 September 2011 on improving the efficiency of future Union financial programmes supporting judicial cooperation, the Council stressed the important role played by Union financing programmes in the efficient implementation of the Union acquis and reiterated the need for more transparent, flexible, coherent and streamlined access to those programmes. |
| --- | --- |

(15)

In its conclusions of 22 and 23 September 2011 on improving the efficiency of future Union financial programmes supporting judicial cooperation, the Council stressed the important role played by Union financing programmes in the efficient implementation of the Union acquis and reiterated the need for more transparent, flexible, coherent and streamlined access to those programmes.

| (16) | The Commission Communication of 29 June 2011 entitled 'A budget for Europe 2020' stresses the need for the rationalisation and simplification of Union funding. Especially in view of the current economic crisis, it is of the utmost importance that Union funds be structured and managed in the most diligent manner. Meaningful simplification and efficient management of funding can be achieved through a reduction in the number of programmes and through the rationalisation, simplification and harmonisation of funding rules and procedures. |
| --- | --- |

(16)

The Commission Communication of 29 June 2011 entitled 'A budget for Europe 2020' stresses the need for the rationalisation and simplification of Union funding. Especially in view of the current economic crisis, it is of the utmost importance that Union funds be structured and managed in the most diligent manner. Meaningful simplification and efficient management of funding can be achieved through a reduction in the number of programmes and through the rationalisation, simplification and harmonisation of funding rules and procedures.

| (17) | In responding to the need for simplification, efficient management and easier access to funding, the Programme should continue and develop activities previously carried out on the basis of three programmes established by Council Decision 2007/126/JHA (9), Decision No 1149/2007/EC of the European Parliament and of the Council (10), and Decision No 1150/2007/EC. The mid-term evaluations of those programmes include recommendations aimed at improving the implementation of those programmes. The findings of those mid-term evaluations, as well as the findings of the respective ex-post evaluations, need to be taken into account in the implementation of the Programme. |
| --- | --- |

(17)

In responding to the need for simplification, efficient management and easier access to funding, the Programme should continue and develop activities previously carried out on the basis of three programmes established by Council Decision 2007/126/JHA (9), Decision No 1149/2007/EC of the European Parliament and of the Council (10), and Decision No 1150/2007/EC. The mid-term evaluations of those programmes include recommendations aimed at improving the implementation of those programmes. The findings of those mid-term evaluations, as well as the findings of the respective ex-post evaluations, need to be taken into account in the implementation of the Programme.

| (18) | The Commission Communication of 19 October 2010 entitled 'The EU Budget Review' and the Commission Communication of 29 June 2011 entitled 'A budget for Europe 2020' underline the importance of focusing funding on activities with clear European added value, i.e. where Union intervention can bring additional value compared to the action of Member States alone. Actions covered by this Regulation should contribute to the creation of a European area of justice by promoting the principle of mutual recognition, developing mutual trust between the Member States, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all concerned, and should provide a sound analytical basis for the support and the development of Union law and policies, in so doing contributing to their enforcement and proper implementation. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning. |
| --- | --- |

(18)

The Commission Communication of 19 October 2010 entitled 'The EU Budget Review' and the Commission Communication of 29 June 2011 entitled 'A budget for Europe 2020' underline the importance of focusing funding on activities with clear European added value, i.e. where Union intervention can bring additional value compared to the action of Member States alone. Actions covered by this Regulation should contribute to the creation of a European area of justice by promoting the principle of mutual recognition, developing mutual trust between the Member States, increasing cross-border cooperation and networking and achieving the correct, coherent and consistent application of Union law. Funding activities should also contribute to achieving effective and better knowledge of Union law and policies by all concerned, and should provide a sound analytical basis for the support and the development of Union law and policies, in so doing contributing to their enforcement and proper implementation. Union intervention allows for those actions to be pursued consistently across the Union and brings economies of scale. Moreover, the Union is in a better position than Member States to address cross-border situations and to provide a European platform for mutual learning.

| (19) | In selecting actions for funding under the Programme, the Commission should assess the proposals against pre-identified criteria. Those criteria should include an assessment of the European added value of the proposed actions. National projects and small-scale projects can also have European added value. |
| --- | --- |

(19)

In selecting actions for funding under the Programme, the Commission should assess the proposals against pre-identified criteria. Those criteria should include an assessment of the European added value of the proposed actions. National projects and small-scale projects can also have European added value.

| (20) | Bodies and entities that have access to the Programme should include national, regional and local authorities. |
| --- | --- |

(20)

Bodies and entities that have access to the Programme should include national, regional and local authorities.

| (21) | This Regulation lays down a financial envelope for the entire duration of the Programme which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (11), for the European Parliament and the Council during the annual budgetary procedure. |
| --- | --- |

(21)

This Regulation lays down a financial envelope for the entire duration of the Programme which is to constitute the prime reference amount, within the meaning of point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (11), for the European Parliament and the Council during the annual budgetary procedure.

| (22) | In order to ensure that the Programme is sufficiently flexible to respond to changing needs and corresponding policy priorities throughout its duration, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission concerning modification of the percentages set out in the Annex to this Regulation for each specific objective that would exceed those percentages by more than 5 percentage points. To assess the need for such a delegated act, those percentages should be calculated on the basis of the financial envelope of the Programme for its entire duration, and not on the basis of annual appropriations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(22)

In order to ensure that the Programme is sufficiently flexible to respond to changing needs and corresponding policy priorities throughout its duration, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission concerning modification of the percentages set out in the Annex to this Regulation for each specific objective that would exceed those percentages by more than 5 percentage points. To assess the need for such a delegated act, those percentages should be calculated on the basis of the financial envelope of the Programme for its entire duration, and not on the basis of annual appropriations. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (23) | This Regulation should be implemented in full compliance with the Financial Regulation. In particular with regard to the eligibility conditions of value added tax (VAT) paid by grant beneficiaries, the eligibility of VAT should not depend on the legal status of the beneficiaries for activities which can be carried out by private and public bodies and entities under the same legal conditions. Taking into account the specific nature of the objectives and activities covered by this Regulation, it should be made clear, in calls for proposals, that, for activities which can be carried out by both public and private bodies and entities, the non-deductible VAT incurred by public bodies and entities is to be eligible, in so far as it is paid in respect of the implementation of activities, such as training or awareness-raising, which cannot be considered as the exercise of public authority. This Regulation should also make use of the simplification tools introduced by the Financial Regulation. Moreover, the criteria for identifying actions to be supported should aim at allocating the available financial resources to actions generating the highest impact in relation to the policy objective pursued. |
| --- | --- |

(23)

This Regulation should be implemented in full compliance with the Financial Regulation. In particular with regard to the eligibility conditions of value added tax (VAT) paid by grant beneficiaries, the eligibility of VAT should not depend on the legal status of the beneficiaries for activities which can be carried out by private and public bodies and entities under the same legal conditions. Taking into account the specific nature of the objectives and activities covered by this Regulation, it should be made clear, in calls for proposals, that, for activities which can be carried out by both public and private bodies and entities, the non-deductible VAT incurred by public bodies and entities is to be eligible, in so far as it is paid in respect of the implementation of activities, such as training or awareness-raising, which cannot be considered as the exercise of public authority. This Regulation should also make use of the simplification tools introduced by the Financial Regulation. Moreover, the criteria for identifying actions to be supported should aim at allocating the available financial resources to actions generating the highest impact in relation to the policy objective pursued.

| (24) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the adoption of annual work programmes. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12). |
| --- | --- |

(24)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in respect of the adoption of annual work programmes. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).

| (25) | The annual work programmes adopted by the Commission pursuant to this Regulation should ensure appropriate distribution of funds between grants and public procurement contracts. The Programme should primarily allocate funds to grants, while maintaining sufficient funding levels for procurement. The minimum percentage of annual expenditure to be allocated to grants should be established in the annual work programmes and should be not less than 65 %. To facilitate project planning and co-financing by stakeholders, the Commission should establish a clear timetable for the calls for proposals, selection of projects and award decisions. |
| --- | --- |

(25)

The annual work programmes adopted by the Commission pursuant to this Regulation should ensure appropriate distribution of funds between grants and public procurement contracts. The Programme should primarily allocate funds to grants, while maintaining sufficient funding levels for procurement. The minimum percentage of annual expenditure to be allocated to grants should be established in the annual work programmes and should be not less than 65 %. To facilitate project planning and co-financing by stakeholders, the Commission should establish a clear timetable for the calls for proposals, selection of projects and award decisions.

| (26) | In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular between the Programme and the Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (13), the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, the Health for Growth Programme, the Erasmus+ Programme established by Regulation (EU) No 1288/2013 of the European Parliament and of the Council (14), the Horizon 2020 Framework Programme established by Regulation (EU) No 1291/2013 of the European Parliament and of the Council (15) and the Instrument for Pre-accession Assistance (IPA II). |
| --- | --- |

(26)

In order to ensure efficient allocation of funds from the general budget of the Union, consistency, complementarity and synergies should be sought between funding programmes supporting policy areas with close links to each other, in particular between the Programme and the Rights, Equality and Citizenship Programme established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (13), the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, the Health for Growth Programme, the Erasmus+ Programme established by Regulation (EU) No 1288/2013 of the European Parliament and of the Council (14), the Horizon 2020 Framework Programme established by Regulation (EU) No 1291/2013 of the European Parliament and of the Council (15) and the Instrument for Pre-accession Assistance (IPA II).

| (27) | The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and financial penalties in accordance with the Financial Regulation. |
| --- | --- |

(27)

The financial interests of the Union should be protected through proportionate measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and financial penalties in accordance with the Financial Regulation.

| (28) | In order to implement the principle of sound financial management, this Regulation should provide for appropriate tools to assess its performance. To that end, it should define general and specific objectives. To measure the achievement of those specific objectives, a set of concrete and quantifiable indicators should be established which should remain valid for the whole duration of the Programme. The Commission should submit annually to the European Parliament and to the Council a monitoring report which should be based inter alia on the indicators set out in this Regulation and which should give information on the use of available funds. |
| --- | --- |

(28)

In order to implement the principle of sound financial management, this Regulation should provide for appropriate tools to assess its performance. To that end, it should define general and specific objectives. To measure the achievement of those specific objectives, a set of concrete and quantifiable indicators should be established which should remain valid for the whole duration of the Programme. The Commission should submit annually to the European Parliament and to the Council a monitoring report which should be based inter alia on the indicators set out in this Regulation and which should give information on the use of available funds.

| (29) | The Programme should be implemented in an effective manner, respecting sound financial management, while also allowing potential applicants to have effective access to the Programme. In order to support effective access to the Programme, the Commission should use its best endeavours to simplify and harmonise the application procedures and documents, the administrative formalities and the financial management requirements, to remove administrative burdens and to encourage grant applications from entities located in Member States which are under-represented in the Programme. The Commission should publish on a dedicated webpage information about the Programme, its objectives, the various calls for proposals and their time schedules. Basic documents and guidelines relating to the calls for proposals should be available in all the official languages of the institutions of the Union. |
| --- | --- |

(29)

The Programme should be implemented in an effective manner, respecting sound financial management, while also allowing potential applicants to have effective access to the Programme. In order to support effective access to the Programme, the Commission should use its best endeavours to simplify and harmonise the application procedures and documents, the administrative formalities and the financial management requirements, to remove administrative burdens and to encourage grant applications from entities located in Member States which are under-represented in the Programme. The Commission should publish on a dedicated webpage information about the Programme, its objectives, the various calls for proposals and their time schedules. Basic documents and guidelines relating to the calls for proposals should be available in all the official languages of the institutions of the Union.

| (30) | In accordance with point (l) of Article 180(1) of Commission Delegated Regulation (EU) No 1268/2012 (16) ('the Rules of Application'), the grant agreements should lay down provisions governing the visibility of the Union financial support, except in duly justified cases where public display is not possible or appropriate. |
| --- | --- |

(30)

In accordance with point (l) of Article 180(1) of Commission Delegated Regulation (EU) No 1268/2012 (16) ('the Rules of Application'), the grant agreements should lay down provisions governing the visibility of the Union financial support, except in duly justified cases where public display is not possible or appropriate.

| (31) | In accordance with Article 35(2) and (3) of the Financial Regulation and Article 21 of the Rules of Application, the Commission should make available, in an appropriate and timely manner, information concerning recipients and concerning the nature and purpose of the measures financed from the general budget of the Union. That information should be made available with due observance of the requirements of confidentiality and security, in particular the protection of personal data. |
| --- | --- |

(31)

In accordance with Article 35(2) and (3) of the Financial Regulation and Article 21 of the Rules of Application, the Commission should make available, in an appropriate and timely manner, information concerning recipients and concerning the nature and purpose of the measures financed from the general budget of the Union. That information should be made available with due observance of the requirements of confidentiality and security, in particular the protection of personal data.

| (32) | Since the objective of this Regulation, namely to contribute to the further development of a European area of justice based on mutual recognition and mutual trust, in particular by promoting judicial cooperation in civil and criminal matters, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(32)

Since the objective of this Regulation, namely to contribute to the further development of a European area of justice based on mutual recognition and mutual trust, in particular by promoting judicial cooperation in civil and criminal matters, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (33) | In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU, Ireland has notified its wish to take part in the adoption and application of this Regulation. |
| --- | --- |

(33)

In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU, Ireland has notified its wish to take part in the adoption and application of this Regulation.

| (34) | In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(34)

In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

| (35) | In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(35)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

| (36) | In order to ensure the continuity of funding of activities previously carried out on the basis of Decision 2007/126/JHA, Decision No 1149/2007/EC and Decision No 1150/2007/EC, this Regulation should enter into force on the day following that of its publication, |
| --- | --- |

(36)

In order to ensure the continuity of funding of activities previously carried out on the basis of Decision 2007/126/JHA, Decision No 1149/2007/EC and Decision No 1150/2007/EC, this Regulation should enter into force on the day following that of its publication,

HAVE ADOPTED THIS REGULATION:

Article 1

Establishment and duration of the Programme

1.   This Regulation establishes a Justice programme ('the Programme').

2.   The Programme shall cover the period from 1 January 2014 to 31 December 2020.

Article 2

European added value

1.   The Programme shall finance actions with European added value which contribute to the further development of a European area of justice. To that end, the Commission shall ensure that the actions selected for funding are intended to produce results with European added value.

2.   The European added value of actions, including that of small-scale and national actions, shall be assessed in the light of criteria such as their contribution to the consistent and coherent implementation of Union law and to wide public awareness about the rights deriving from it, their potential to develop mutual trust among Member States and to improve cross-border cooperation, their transnational impact, their contribution to the elaboration and dissemination of best practices or their potential to create practical tools and solutions that address cross-border or Union-wide challenges.

Article 3

General objective

The general objective of the Programme shall be to contribute to the further development of a European area of justice based on mutual recognition and mutual trust, in particular by promoting judicial cooperation in civil and criminal matters.

Article 4

Specific objectives

1.   To achieve the general objective set out in Article 3, the Programme shall have the following specific objectives:

| (a) | to facilitate and support judicial cooperation in civil and criminal matters; |
| --- | --- |

(a)

to facilitate and support judicial cooperation in civil and criminal matters;

| (b) | to support and promote judicial training, including language training on legal terminology, with a view to fostering a common legal and judicial culture; |
| --- | --- |

(b)

to support and promote judicial training, including language training on legal terminology, with a view to fostering a common legal and judicial culture;

| (c) | to facilitate effective access to justice for all, including to promote and support the rights of victims of crime, while respecting the rights of the defence; |
| --- | --- |

(c)

to facilitate effective access to justice for all, including to promote and support the rights of victims of crime, while respecting the rights of the defence;

| (d) | to support initiatives in the field of drugs policy as regards judicial cooperation and crime prevention aspects closely linked to the general objective of the Programme, in so far as they are not covered by the Internal security fund for financial support for police cooperation, preventing and combating crime, and crisis management or by the Health for Growth Programme; |
| --- | --- |

(d)

to support initiatives in the field of drugs policy as regards judicial cooperation and crime prevention aspects closely linked to the general objective of the Programme, in so far as they are not covered by the Internal security fund for financial support for police cooperation, preventing and combating crime, and crisis management or by the Health for Growth Programme;

2.   The specific objectives of the Programme shall be pursued through, in particular:

| (a) | enhancing public awareness and knowledge of Union law and policies; |
| --- | --- |

(a)

enhancing public awareness and knowledge of Union law and policies;

| (b) | with a view to ensuring efficient judicial cooperation in civil and criminal matters, improving knowledge of Union law, including substantive and procedural law, of judicial cooperation instruments and of the relevant case-law of the Court of Justice of the European Union, and of comparative law; |
| --- | --- |

(b)

with a view to ensuring efficient judicial cooperation in civil and criminal matters, improving knowledge of Union law, including substantive and procedural law, of judicial cooperation instruments and of the relevant case-law of the Court of Justice of the European Union, and of comparative law;

| (c) | supporting the effective, comprehensive and consistent implementation and application of Union instruments in the Member States and the monitoring and evaluation thereof; |
| --- | --- |

(c)

supporting the effective, comprehensive and consistent implementation and application of Union instruments in the Member States and the monitoring and evaluation thereof;

| (d) | promoting cross-border cooperation, improving mutual knowledge and understanding of the civil and criminal law and the legal and judicial systems of the Member States and enhancing mutual trust; |
| --- | --- |

(d)

promoting cross-border cooperation, improving mutual knowledge and understanding of the civil and criminal law and the legal and judicial systems of the Member States and enhancing mutual trust;

| (e) | improving knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice; |
| --- | --- |

(e)

improving knowledge and understanding of potential obstacles to the smooth functioning of a European area of justice;

| (f) | improving the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications. |
| --- | --- |

(f)

improving the efficiency of judicial systems and their cooperation by means of information and communication technology, including the cross-border interoperability of systems and applications.

Article 5

Mainstreaming

In the implementation of all of its actions, the Programme shall seek to promote equality between women and men and to promote the rights of the child, inter alia by means of child-friendly justice. It shall also comply with the prohibition of discrimination based on any of the grounds listed in Article 21 of the Charter, in accordance with and within the limits set by Article 51 of the Charter.

Article 6

Types of actions

1.   The Programme shall finance inter alia the following types of actions:

| (a) | analytical activities, such as the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; the elaboration and publication of guides, reports and educational material; workshops, seminars, experts meetings and conferences; |
| --- | --- |

(a)

analytical activities, such as the collection of data and statistics; the development of common methodologies and, where appropriate, indicators or benchmarks; studies, researches, analyses and surveys; evaluations; the elaboration and publication of guides, reports and educational material; workshops, seminars, experts meetings and conferences;

| (b) | training activities, such as staff exchanges, workshops, seminars, train-the-trainer events, including language training on legal terminology, and the development of online training tools or other training modules for members of the judiciary and judicial staff; |
| --- | --- |

(b)

training activities, such as staff exchanges, workshops, seminars, train-the-trainer events, including language training on legal terminology, and the development of online training tools or other training modules for members of the judiciary and judicial staff;

| (c) | mutual learning, cooperation, awareness-raising and dissemination activities, such as the identification of, and exchanges concerning, good practices, innovative approaches and experiences; the organisation of peer reviews and mutual learning; the organisation of conferences, seminars, information campaigns, including institutional communication on the political priorities of the Union as far as they relate to the objectives of the Programme; the compilation and publication of materials to disseminate information about the Programme and its results; the development, operation and maintenance of systems and tools, using information and communication technologies, including the further development of the European e-Justice portal as a tool to improve citizens' access to justice; |
| --- | --- |

(c)

mutual learning, cooperation, awareness-raising and dissemination activities, such as the identification of, and exchanges concerning, good practices, innovative approaches and experiences; the organisation of peer reviews and mutual learning; the organisation of conferences, seminars, information campaigns, including institutional communication on the political priorities of the Union as far as they relate to the objectives of the Programme; the compilation and publication of materials to disseminate information about the Programme and its results; the development, operation and maintenance of systems and tools, using information and communication technologies, including the further development of the European e-Justice portal as a tool to improve citizens' access to justice;

| (d) | support for main actors whose activities contribute to the implementation of the objectives of the Programme, such as support for Member States in the implementation of Union law and policies, support for key European actors and European-level networks, including in the field of judicial training; and support for networking activities at European level among specialised bodies and entities as well as national, regional and local authorities and non-governmental organisations. |
| --- | --- |

(d)

support for main actors whose activities contribute to the implementation of the objectives of the Programme, such as support for Member States in the implementation of Union law and policies, support for key European actors and European-level networks, including in the field of judicial training; and support for networking activities at European level among specialised bodies and entities as well as national, regional and local authorities and non-governmental organisations.

2.   The European Judicial Training Network shall receive an operating grant to co-finance expenditure associated with its permanent work programme.

Article 7

Participation

1.   Access to the Programme shall be open to all bodies and entities legally established in:

| (a) | Member States; |
| --- | --- |

(a)

Member States;

| (b) | European Free Trade Association (EFTA) countries which are parties to the Agreement on the European Economic Area, in accordance with that Agreement; |
| --- | --- |

(b)

European Free Trade Association (EFTA) countries which are parties to the Agreement on the European Economic Area, in accordance with that Agreement;

| (c) | candidate countries, potential candidates and countries acceding to the Union, in accordance with the general principles and the general terms and conditions laid down for the participation of those countries in the Union programmes established in the respective Framework Agreements and Association Council decisions, or similar agreements. |
| --- | --- |

(c)

candidate countries, potential candidates and countries acceding to the Union, in accordance with the general principles and the general terms and conditions laid down for the participation of those countries in the Union programmes established in the respective Framework Agreements and Association Council decisions, or similar agreements.

2.   Bodies and entities which are profit-oriented shall have access to the Programme only in conjunction with non-profit or public organisations.

3.   Bodies and entities legally established in third countries, other than those participating in the Programme in accordance with points (b) and (c) of paragraph 1, in particular countries where the European Neighbourhood Policy applies, may be associated to the actions of the Programme at their own cost, if this serves the purpose of those actions.

4.   The Commission may cooperate with international organisations under the conditions laid down in the relevant annual work programme. Access to the Programme shall be open to international organisations active in the areas covered by the Programme in accordance with the Financial Regulation and the relevant annual work programme.

Article 8

Budget

1.   The financial envelope for the implementation of the Programme for the period 2014 to 2020 is set at EUR 377 604 000.

2.   The financial allocation of the Programme may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the Programme and the assessment of the achievement of its objectives. The financial allocation may cover expenses relating to the necessary studies, meetings of experts, information and communication actions, including institutional communication of the political priorities of the Union, in so far as they are related to the general objectives of this Regulation, as well as expenses linked to information technology networks focusing on information processing and exchange and other technical and administrative assistance needed in connection with the management of the Programme by the Commission.

3.   The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework established by Council Regulation (EU, Euratom) No 1311/2013 (17).

4.   Within the financial envelope for the Programme, amounts shall be allocated to each specific objective in accordance with the percentages set out in the Annex.

5.   The Commission shall not depart from the allocated percentages of the financial envelope, as set out in the Annex, by more than 5 percentage points for each specific objective. Should it prove necessary to exceed that limit, the Commission shall be empowered to adopt delegated acts in accordance with Article 9 to modify each of the figures in the Annex by more than 5 and up to 10 percentage points.

Article 9

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 8(5) shall be conferred on the Commission for the duration of the Programme.

3.   The delegation of power referred to in Article 8(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 8(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 10

Implementing measures

1.   The Commission shall implement the Programme in accordance with the Financial Regulation.

2.   In order to implement the Programme, the Commission shall adopt annual work programmes in the form of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

3.   Each annual work programme shall implement the objectives of the Programme by determining the following:

| (a) | the actions to be undertaken, in accordance with the general and specific objectives set out in Article 3 and Article 4(1), including the indicative allocation of financial resources; |
| --- | --- |

(a)

the actions to be undertaken, in accordance with the general and specific objectives set out in Article 3 and Article 4(1), including the indicative allocation of financial resources;

| (b) | the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions, in accordance with Article 84 of the Financial Regulation and with Article 94 of its Rules of Application; |
| --- | --- |

(b)

the essential eligibility, selection and award criteria to be used to select the proposals which are to receive financial contributions, in accordance with Article 84 of the Financial Regulation and with Article 94 of its Rules of Application;

| (c) | the minimum percentage of annual expenditure to be allocated to grants. |
| --- | --- |

(c)

the minimum percentage of annual expenditure to be allocated to grants.

4.   Appropriate and fair distribution of financial support between different areas covered by this Regulation shall be ensured. When deciding on the allocation of funds to those areas in the annual work programmes, the Commission shall take into consideration the need to maintain sufficient funding levels for both civil justice and criminal justice, as well as for judicial training and initiatives in the field of drugs policy within the scope of the Programme.

5.   Calls for proposals shall be published on an annual basis.

6.   In order to facilitate judicial training activities, the costs associated with the participation of judiciary and judicial staff in those activities and incurred by the Member States' authorities shall be taken into account in accordance with the Financial Regulation when providing corresponding funding.

Article 11

Committee procedure

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 12

Complementarity

1.   The Commission, in cooperation with the Member States, shall ensure overall consistency, complementarity and synergies with other Union instruments including, inter alia, the Rights, Equality and Citizenship Programme, the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, the Health for Growth Programme, the Erasmus+ Programme, the Horizon 2020 Framework Programme and the Instrument for Pre-accession Assistance (IPA II).

2.   The Commission shall also ensure overall consistency, complementarity and synergies with the work of the Union bodies, offices and agencies operating in areas covered by the objectives of the Programme, such as Eurojust established by Council Decision 2002/187/JHA (18) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) established by Regulation (EC) No 1920/2006 of the European Parliament and of the Council (19).

3.   The Programme may share resources with other Union instruments, in particular the Rights, Equality and Citizenship Programme, in order to implement actions meeting the objectives of both programmes. An action for which funding has been awarded from the Programme may also give rise to the award of funding from the Rights, Equality and Citizenship Programme, provided that the funding does not cover the same cost items.

Article 13

Protection of the financial interests of the Union

1.   The Commission shall take appropriate measures ensuring that, when actions financed under the Programme are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.

2.   The Commission or its representatives and the Court of Auditors shall have the power of audit, both on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds under the Programme.

3.   The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (20) and in Council Regulation (Euratom, EC) No 2185/96 (21) with a view to establishing whether fraud, corruption or any other illegal activity has occurred affecting the financial interests of the Union in connection with a grant agreement or grant decision or a contract funded under the Programme.

4.   Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and with international organisations, grant agreements, grant decisions and contracts resulting from the implementation of the Programme shall contain provisions expressly empowering the Commission, the Court of Auditors and OLAF to conduct the audits and investigations referred to in those paragraphs, in accordance with their respective competences.

Article 14

Monitoring and evaluation

1.   The Commission shall monitor the Programme annually in order to follow the implementation of actions carried out under it and the achievement of the specific objectives set out in Article 4. The monitoring shall also provide a means of assessing the way in which gender equality and non-discrimination issues have been addressed across the Programme's actions.

2.   The Commission shall provide the European Parliament and the Council with:

| (a) | an annual monitoring report based on the indicators set out in Article 15(2) and on the use of the available funds; |
| --- | --- |

(a)

an annual monitoring report based on the indicators set out in Article 15(2) and on the use of the available funds;

| (b) | an interim evaluation report by 30 June 2018; |
| --- | --- |

(b)

an interim evaluation report by 30 June 2018;

| (c) | an ex-post evaluation report by 31 December 2021. |
| --- | --- |

(c)

an ex-post evaluation report by 31 December 2021.

3.   The interim evaluation report shall assess the achievement of the Programme's objectives, the efficiency of the use of resources and the Programme's European added value with a view to determining whether funding in areas covered by the Programme should be renewed, modified or suspended after 2020. It shall also address the scope for any simplification of the Programme, its internal and external coherence, and the continued relevance of all objectives and actions. It shall take into account the results of the ex-post evaluations of the previous 2007-2013 programmes established by the Decisions referred to in Article 16.

4.   The ex-post evaluation report shall assess the long-term impact of the Programme and the sustainability of the effects of the Programme, with a view to informing a decision on a subsequent programme.

5.   The evaluations shall also assess the way in which gender equality and non-discrimination issues have been addressed across the Programme's actions.

Article 15

Indicators

1.   In accordance with Article 14, the indicators set out in paragraph 2 of this Article shall serve as a basis for monitoring and evaluating the extent to which each of the Programme's specific objectives set out in Article 4 has been achieved through the actions provided for in Article 6. They shall be measured against pre-defined baselines reflecting the situation before implementation. Where relevant, indicators shall be broken down by, inter alia, sex, age and disability.

2.   The indicators referred to in paragraph 1 shall include, inter alia, the following:

| (a) | the number and percentage of persons in a target group reached by awareness-raising activities funded by the Programme; |
| --- | --- |

(a)

the number and percentage of persons in a target group reached by awareness-raising activities funded by the Programme;

| (b) | the number and percentage of members of the judiciary and judicial staff in a target group that participated in training activities, staff exchanges, study visits, workshops and seminars funded by the Programme; |
| --- | --- |

(b)

the number and percentage of members of the judiciary and judicial staff in a target group that participated in training activities, staff exchanges, study visits, workshops and seminars funded by the Programme;

| (c) | the improvement in the level of knowledge of Union law and policies in the groups participating in activities funded by the Programme compared to the entire target group; |
| --- | --- |

(c)

the improvement in the level of knowledge of Union law and policies in the groups participating in activities funded by the Programme compared to the entire target group;

| (d) | the number of cases, activities and outputs of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level; |
| --- | --- |

(d)

the number of cases, activities and outputs of cross-border cooperation, including cooperation by means of information technology tools and procedures established at Union level;

| (e) | participants' assessment of the activities in which they participated and of their (expected) sustainability; |
| --- | --- |

(e)

participants' assessment of the activities in which they participated and of their (expected) sustainability;

| (f) | the geographical coverage of the activities funded by the Programme. |
| --- | --- |

(f)

the geographical coverage of the activities funded by the Programme.

3.   In addition to the indicators set out in paragraph 2, the interim and ex-post evaluation report of the Programme shall assess, inter alia:

| (a) | the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level; |
| --- | --- |

(a)

the perceived impact of the Programme on access to justice based on qualitative and quantitative data collected at European level;

| (b) | the number and quality of instruments and tools developed through actions funded by the Programme; |
| --- | --- |

(b)

the number and quality of instruments and tools developed through actions funded by the Programme;

| (c) | the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding, and their (expected) results and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question; |
| --- | --- |

(c)

the European added value of the Programme, including an evaluation of the Programme's activities in the light of similar initiatives which have been developed at national or European level without support from Union funding, and their (expected) results and the advantages and/or disadvantages of Union funding compared to national funding for the type of activity in question;

| (d) | the level of funding in relation to the outcomes achieved (efficiency); |
| --- | --- |

(d)

the level of funding in relation to the outcomes achieved (efficiency);

| (e) | the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification). |
| --- | --- |

(e)

the possible administrative, organisational and/or structural obstacles to the smoother, more effective and efficient implementation of the Programme (scope for simplification).

Article 16

Transitional measures

Actions initiated on the basis of Decision 2007/126/JHA, Decision 1149/2007/EC or Decision 1150/2007/EC shall continue to be governed by the provisions of those Decisions until their completion. In respect of those actions, reference to the committees provided for in Article 9 of Decision 2007/126/JHA, in Articles 10 and 11 of Decision 1149/2007/EC and in Article 10 of Decision 1150/2007/EC shall be interpreted as references to the committee provided for in Article 11(1) of this Regulation.

Article 17

Entry into force

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

the Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Brussels, 17 December 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

L. LINKEVIČIUS

---

(1)  
  OJ C 299, 4.10.2012, p. 103.

1

(2)  
  OJ C 277, 13.9.2012, p. 43.

2

(3)  Position of the European Parliament of 11 December 2013 (not yet published in the Official Journal) and decision of the Council of 16 December.

3

(4)  
  OJ C 115, 4.5.2010, p. 1.

4

(5)  
  OJ C 299, 22.11.2008, p. 1.

5

(6)  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 and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

6

(7)  
  OJ C 402, 29.12.2012, p. 1.

7

(8)  Decision No 1150/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the period 2007-2013 the Specific Programme 'Drug prevention and information' as part of the General Programme 'Fundamental Rights and Justice' (OJ L 257, 3.10.2007, p. 23).

8

(9)  Council Decision 2007/126/JHA of 12 February 2007 establishing for the period 2007-2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme 'Criminal Justice' (OJ L 58, 24.2.2007, p. 13).

9

(10)  Decision No 1149/2007/EC of the European Parliament and of the Council of 25 September 2007 establishing for the period 2007-2013 the Specific Programme 'Civil Justice' as part of the General Programme 'Fundamental Rights and Justice (OJ L 257, 3.10.2007, p. 16).

10

(11)  
  OJ C 373, 20.12.2013, p. 1.

11

(12)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

12

(13)  Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (see page 62 of this Official Journal).

13

(14)  Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing "Erasmus+": the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (OJ L 347, 20.12.2013, p. 50).

14

(15)  Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision No 1982/2006/EC (OJ L 347, 20.12.2013, p. 104).

15

(16)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

16

(17)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

17

(18)  Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (OJ L 63, 6.3.2002, p. 1).

18

(19)  Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (OJ L 376, 27.12.2006, p. 1).

19

(20)  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).

20

(21)  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).

21

---

ANNEX

ALLOCATION OF FUNDS

Within the financial envelope for the Programme, amounts shall be allocated as follows to each specific objective set out in Article 4(1):

| | Specific objectives | Share of the financial envelope (in %) |
| --- | --- | --- |
| (a) | to facilitate and support judicial cooperation in civil and criminal matters | 30  % |
| (b) | to support and promote judicial training, including language training on legal terminology, with a view to fostering a common legal and judicial culture | 35  % |
| (c) | to facilitate effective access to justice for all, including to promote and support the rights of victims of crime, while respecting the rights of the defence | 30  % |
| (d) | to support initiatives in the field of drugs policy as regards judicial cooperation and crime prevention aspects closely linked to the general objective of the Programme, in so far as they are not covered by the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, or by the Health for Growth Programme | 5  %. |

Specific objectives

Share of the financial envelope (in %)

(a)

to facilitate and support judicial cooperation in civil and criminal matters

30  %

(b)

to support and promote judicial training, including language training on legal terminology, with a view to fostering a common legal and judicial culture

35  %

(c)

to facilitate effective access to justice for all, including to promote and support the rights of victims of crime, while respecting the rights of the defence

30  %

(d)

to support initiatives in the field of drugs policy as regards judicial cooperation and crime prevention aspects closely linked to the general objective of the Programme, in so far as they are not covered by the Instrument for financial support for police cooperation, preventing and combating crime, and crisis management, as part of the Internal Security Fund, or by the Health for Growth Programme

5  %.

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Official Journal of the European Union

L 354/84

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REGULATION (EU) No 1383/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 December 2013

amending Regulation (EU) No 99/2013 on the European statistical programme 2013-17

(Text with relevance for the EEA and for Switzerland)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | Regulation (EU) No 99/2013 of the European Parliament and of the Council (2) provides the framework and lays down the objectives and outputs for the production, development and dissemination of European statistics for the period 2013 to 2017. |
| --- | --- |

(1)

Regulation (EU) No 99/2013 of the European Parliament and of the Council (2) provides the framework and lays down the objectives and outputs for the production, development and dissemination of European statistics for the period 2013 to 2017.

| (2) | Regulation (EU) No 99/2013 only sets the financial envelope for 2013, which is covered by the programming period 2007 to 2013, and invites the Commission to submit a legislative proposal introducing the financial allocation for the period 2014 to 2017 to the European Parliament and the Council no later than three months after the adoption of the multiannual financial framework for the period 2014 to 2020. |
| --- | --- |

(2)

Regulation (EU) No 99/2013 only sets the financial envelope for 2013, which is covered by the programming period 2007 to 2013, and invites the Commission to submit a legislative proposal introducing the financial allocation for the period 2014 to 2017 to the European Parliament and the Council no later than three months after the adoption of the multiannual financial framework for the period 2014 to 2020.

| (3) | Council Regulation (EU) No 1311/2013 (3) was adopted on 2 December 2013. |
| --- | --- |

(3)

Council Regulation (EU) No 1311/2013 (3) was adopted on 2 December 2013.

| (4) | Regulation (EU) No 99/2013 should therefore be amended accordingly. |
| --- | --- |

(4)

Regulation (EU) No 99/2013 should therefore be amended accordingly.

| (5) | In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day following that of its publication, |
| --- | --- |

(5)

In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day following that of its publication,

HAVE ADOPTED THIS REGULATION:

Article 1

In Regulation (EU) No 99/2013, Article 7 is replaced by the following:

"Article 7

Financing

1.   The Union financial envelope for the implementation of the programme for 2013 shall be EUR 57,3 million, covered by the programming period 2007 to 2013. The Union financial envelope for the implementation of the programme for 2014 to 2017 shall be EUR 234,8 million, covered by the programming period 2014 to 2020.

2.   The Commission shall implement the Union financial support in accordance with the Financial Regulation.

3.   The Commission shall adopt its decision on annual appropriations in compliance with the prerogatives of the European Parliament and of the Council."

Article 2

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

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

Done at Brussels, 17 December 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

L. LINKEVIČIUS

---

(1)  Position of the European Parliament of 11 December 2013 (not yet published in the Official Journal) and decision of the Council of 16 December 2013.

1

(2)  Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013-17 (OJ L 39, 9.2.2013, p. 12).

2

(3)  Council Regulation (EU) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

3

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28.12.2013

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Official Journal of the European Union

L 354/85

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REGULATION (EU) No 1384/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 December 2013

amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | Council Regulation (EC) No 55/2008 (2) established a specific scheme of autonomous trade preferences for the Republic of Moldova (hereinafter "Moldova"). That scheme gives all products originating in Moldova free access to the Union market, except for certain agricultural products listed in Annex I to that Regulation for which limited concessions have been granted either in the form of exemption from customs duties within the limit of tariff quotas or of reduction of customs duties. |
| --- | --- |

(1)

Council Regulation (EC) No 55/2008 (2) established a specific scheme of autonomous trade preferences for the Republic of Moldova (hereinafter "Moldova"). That scheme gives all products originating in Moldova free access to the Union market, except for certain agricultural products listed in Annex I to that Regulation for which limited concessions have been granted either in the form of exemption from customs duties within the limit of tariff quotas or of reduction of customs duties.

| (2) | In the framework of the European Neighbourhood Policy (ENP), the EU-Moldova ENP Action Plan and the Eastern Partnership, Moldova has adopted an ambitious agenda for political association and further economic integration with the Union. Moldova has also already made strong progress on regulatory approximation leading to convergence with Union laws and standards. |
| --- | --- |

(2)

In the framework of the European Neighbourhood Policy (ENP), the EU-Moldova ENP Action Plan and the Eastern Partnership, Moldova has adopted an ambitious agenda for political association and further economic integration with the Union. Moldova has also already made strong progress on regulatory approximation leading to convergence with Union laws and standards.

| (3) | Negotiations on a new Association Agreement, including the establishment of a deep and comprehensive free trade area between the Union and Moldova, started in January 2010 and were finalised in July 2013. That Agreement provides for the full liberalisation of bilateral trade in wine. |
| --- | --- |

(3)

Negotiations on a new Association Agreement, including the establishment of a deep and comprehensive free trade area between the Union and Moldova, started in January 2010 and were finalised in July 2013. That Agreement provides for the full liberalisation of bilateral trade in wine.

| (4) | In order to support the efforts of Moldova in accordance with the ENP and the Eastern Partnership, and to provide an attractive and reliable market for its wine exports, the import of wine from Moldova into the Union should be liberalised without delay. |
| --- | --- |

(4)

In order to support the efforts of Moldova in accordance with the ENP and the Eastern Partnership, and to provide an attractive and reliable market for its wine exports, the import of wine from Moldova into the Union should be liberalised without delay.

| (5) | In order to ensure the continuation of trade flows from Moldova and legal certainty for economic operators, it is necessary that the autonomous trade preferences apply without interruption until the date set for their expiry in Regulation (EC) No 55/2008. |
| --- | --- |

(5)

In order to ensure the continuation of trade flows from Moldova and legal certainty for economic operators, it is necessary that the autonomous trade preferences apply without interruption until the date set for their expiry in Regulation (EC) No 55/2008.

| (6) | Regulation (EC) No 55/2008 should therefore be amended accordingly, |
| --- | --- |

(6)

Regulation (EC) No 55/2008 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 55/2008 is amended as follows:

| (1) | in Article 16, the third, fourth and fifth paragraphs are deleted; |
| --- | --- |

(1)

in Article 16, the third, fourth and fifth paragraphs are deleted;

| (2) | in the table in point 1 of Annex I, the last row concerning order No 09.0514 "Wine of fresh grapes other than sparkling wine" is deleted. |
| --- | --- |

(2)

in the table in point 1 of Annex I, the last row concerning order No 09.0514 "Wine of fresh grapes other than sparkling wine" is deleted.

Article 2

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

It shall apply from 1 January 2014.

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

Done at Brussels, 17 December 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

L. LINKEVIČIUS

---

(1)  Position of the European Parliament of 10 December 2013 (not yet published in the Official Journal) and decision of the Council of 16 December 2013.

1

(2)  Council Regulation (EC) No 55/2008 of 21 January 2008 introducing autonomous trade preferences for the Republic of Moldova and amending Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC (OJ L 20, 24.1.2008, p. 1).

2

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Official Journal of the European Union

L 354/86

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COUNCIL REGULATION (EU) No 1385/2013

of 17 December 2013

amending Council Regulations (EC) No 850/98 and (EC) No 1224/2009, and Regulations (EC) No 1069/2009, (EU) No 1379/2013 and (EU) No 1380/2013 of the European Parliament and of the Council, following the amendment of the status of Mayotte with regard to the European Union

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of European Economic and Social Committee (2),

After consulting the Committee of the Regions,

Acting in accordance with a special legislative procedure,

Whereas:

| (1) | By European Council Decision 2012/419/EU (3), the European Council decided to amend the status of Mayotte with regard to the Union with effect from 1 January 2014. From that date, Mayotte will cease to be an overseas country or territory and will become an outermost region of the Union within the meaning of Article 349 and Article 355(1) of the Treaty on the Functioning of the European Union (TFEU). Following this amendment of the legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Taking account of the particular structural social and economic situation of Mayotte, which is compounded by its remoteness, insularity, small size, difficult topography and climate, certain specific measures should be provided for in a number of areas. |
| --- | --- |

(1)

By European Council Decision 2012/419/EU (3), the European Council decided to amend the status of Mayotte with regard to the Union with effect from 1 January 2014. From that date, Mayotte will cease to be an overseas country or territory and will become an outermost region of the Union within the meaning of Article 349 and Article 355(1) of the Treaty on the Functioning of the European Union (TFEU). Following this amendment of the legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Taking account of the particular structural social and economic situation of Mayotte, which is compounded by its remoteness, insularity, small size, difficult topography and climate, certain specific measures should be provided for in a number of areas.

| (2) | In the field of fisheries and animal health, the following Regulations should be amended. |
| --- | --- |

(2)

In the field of fisheries and animal health, the following Regulations should be amended.

| (3) | As regards Council Regulation (EC) No 850/98 (4), the waters around Mayotte, as a new outermost region, should be included within the scope of that Regulation and the use of purse-seines on tuna and tuna-like schools of fish inside the area within 24 miles from the baselines of the island should be prohibited, in order to preserve the shoals of large migratory fish in the vicinity of the island of Mayotte. |
| --- | --- |

(3)

As regards Council Regulation (EC) No 850/98 (4), the waters around Mayotte, as a new outermost region, should be included within the scope of that Regulation and the use of purse-seines on tuna and tuna-like schools of fish inside the area within 24 miles from the baselines of the island should be prohibited, in order to preserve the shoals of large migratory fish in the vicinity of the island of Mayotte.

| (4) | As regards Regulation (EU) No 1379/2013 of the European Parliament and of the Council (5), in view of the very fragmented and under-developed marketing schemes of Mayotte, the application of the rules on the labelling of fishery products would impose on retailers a burden disproportionate to the information that would be transmitted to the consumer. It is therefore appropriate to provide for a temporary derogation from the rules concerning the labelling of fishery products offered for retail sale to the final consumer in Mayotte. |
| --- | --- |

(4)

As regards Regulation (EU) No 1379/2013 of the European Parliament and of the Council (5), in view of the very fragmented and under-developed marketing schemes of Mayotte, the application of the rules on the labelling of fishery products would impose on retailers a burden disproportionate to the information that would be transmitted to the consumer. It is therefore appropriate to provide for a temporary derogation from the rules concerning the labelling of fishery products offered for retail sale to the final consumer in Mayotte.

| (5) | As regards Regulation (EU) No 1380/2013 of the European Parliament and of the Council (6), specific measures should be introduced with respect to fishing capacity and the fleet register. |
| --- | --- |

(5)

As regards Regulation (EU) No 1380/2013 of the European Parliament and of the Council (6), specific measures should be introduced with respect to fishing capacity and the fleet register.

| (6) | An important part of the fleet flying the flag of France and operating from the French Department of Mayotte is composed of vessels of less than 10 metres which are dispersed around the island, have no specific landing sites and still need to be identified, measured and equipped with minimum safety equipment in order to be included in the register of Union fishing vessels. As a consequence, France will not be able to complete this register until 31 December 2021. France should, however, keep a provisional fleet register guaranteeing minimum identification of the vessels of this segment, in order to avoid the proliferation of informal fishing vessels. |
| --- | --- |

(6)

An important part of the fleet flying the flag of France and operating from the French Department of Mayotte is composed of vessels of less than 10 metres which are dispersed around the island, have no specific landing sites and still need to be identified, measured and equipped with minimum safety equipment in order to be included in the register of Union fishing vessels. As a consequence, France will not be able to complete this register until 31 December 2021. France should, however, keep a provisional fleet register guaranteeing minimum identification of the vessels of this segment, in order to avoid the proliferation of informal fishing vessels.

| (7) | In view of the fact that France has presented to the Indian Ocean Tuna Commission (IOTC) a development plan describing the indicative size of the fleet of Mayotte and the expected evolution of the underdeveloped fleet of mechanical long-liners which are less than 23 metres in length and of purse-seiners based in Mayotte, as a new outermost region, to which no IOTC contracting party, including the Union, has objected, it is appropriate to use the reference levels of that plan as ceilings for the capacity of the fleet of mechanical long-liners which are less than 23 metres in length and of purse-seiners registered in the ports of Mayotte. By way of derogation from the generally applicable Union rules, and due to the currentspecific social and economic situation of Mayotte, sufficient time should be provided to allow France to increase the capacities of the underdeveloped segment of its fleet of smaller vessels until 2025. |
| --- | --- |

(7)

In view of the fact that France has presented to the Indian Ocean Tuna Commission (IOTC) a development plan describing the indicative size of the fleet of Mayotte and the expected evolution of the underdeveloped fleet of mechanical long-liners which are less than 23 metres in length and of purse-seiners based in Mayotte, as a new outermost region, to which no IOTC contracting party, including the Union, has objected, it is appropriate to use the reference levels of that plan as ceilings for the capacity of the fleet of mechanical long-liners which are less than 23 metres in length and of purse-seiners registered in the ports of Mayotte. By way of derogation from the generally applicable Union rules, and due to the currentspecific social and economic situation of Mayotte, sufficient time should be provided to allow France to increase the capacities of the underdeveloped segment of its fleet of smaller vessels until 2025.

| (8) | As regards Regulation (EC) No 1069/2009 of the European Parliament and of the Council (7), it should be noted that Mayotte has no industrial capacity for the processing of animal by-products. It is therefore appropriate to allow France a period of five years in order to establish the infrastructure necessary for the identification, handling, transport, treatment and disposal of animal by-products in Mayotte in full compliance with Regulation (EC) No 1069/2009. |
| --- | --- |

(8)

As regards Regulation (EC) No 1069/2009 of the European Parliament and of the Council (7), it should be noted that Mayotte has no industrial capacity for the processing of animal by-products. It is therefore appropriate to allow France a period of five years in order to establish the infrastructure necessary for the identification, handling, transport, treatment and disposal of animal by-products in Mayotte in full compliance with Regulation (EC) No 1069/2009.

| (9) | As regards Council Regulation (EC) No 1224/2009 (8), it appears that France will not be in a position to comply with all Union control obligations for the segment "Mayotte. Pelagic and demersal species. Length < 10 m" of the fleet of Mayotte by the date on which Mayotte will become an outermost region. The vessels of that segment, dispersed around the island, have no specific landing sites and still need to be identified. In addition, it is necessary to train fishermen and controllers and to set up the appropriate administrative and physical infrastructure. It is therefore necessary to provide for a temporary derogation from certain rules concerning the control of fishing vessels and their characteristics, their activities at sea, their gear and their catches at all stages from the vessel to the market in respect of that segment of the fleet. However, in order to attain at least some of the most important objectives of Regulation (EC) No 1224/2009, France should establish a national control system allowing it to control and monitor the activities of that segment of the fleet and to comply with the international reporting obligations of the Union. |
| --- | --- |

(9)

As regards Council Regulation (EC) No 1224/2009 (8), it appears that France will not be in a position to comply with all Union control obligations for the segment "Mayotte. Pelagic and demersal species. Length < 10 m" of the fleet of Mayotte by the date on which Mayotte will become an outermost region. The vessels of that segment, dispersed around the island, have no specific landing sites and still need to be identified. In addition, it is necessary to train fishermen and controllers and to set up the appropriate administrative and physical infrastructure. It is therefore necessary to provide for a temporary derogation from certain rules concerning the control of fishing vessels and their characteristics, their activities at sea, their gear and their catches at all stages from the vessel to the market in respect of that segment of the fleet. However, in order to attain at least some of the most important objectives of Regulation (EC) No 1224/2009, France should establish a national control system allowing it to control and monitor the activities of that segment of the fleet and to comply with the international reporting obligations of the Union.

| (10) | Regulations (EC) No 850/98, (EC) No 1069/2009, (EC) No 1224/2009, (EU) No 1379/2013 and (EU) No 1380/2013 should therefore be amended accordingly, |
| --- | --- |

(10)

Regulations (EC) No 850/98, (EC) No 1069/2009, (EC) No 1224/2009, (EU) No 1379/2013 and (EU) No 1380/2013 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 850/98

Regulation (EC) No 850/98 is amended as follows:

| (1) | In Article 2(1), point (h) is replaced by the following:






  "(h) | Region 8
  All waters off the coasts of the French departments of Réunion and Mayotte that fall under the sovereignty or jurisdiction of France.". |
| --- | --- | --- |

(1)

In Article 2(1), point (h) is replaced by the following:

"(h)

Region 8

All waters off the coasts of the French departments of Réunion and Mayotte that fall under the sovereignty or jurisdiction of France.".

| (2) | The following article is inserted:

  "Article 34g
  Restrictions on fishing activities in the 24-mile zone around Mayotte
  Vessels shall be prohibited from using any purse-seine on tuna and tuna-like schools of fish inside the area within 24 miles of the coasts of Mayotte, as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union, measured from the baselines from which territorial waters are measured.". |
| --- | --- |

(2)

The following article is inserted:

"Article 34g

Restrictions on fishing activities in the 24-mile zone around Mayotte

Vessels shall be prohibited from using any purse-seine on tuna and tuna-like schools of fish inside the area within 24 miles of the coasts of Mayotte, as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union, measured from the baselines from which territorial waters are measured.".

Article 2

Amendment to Regulation (EU) No 1379/2013

In Article 35 of Regulation (EU) No 1379/2013, the following paragraph is inserted:

"6.   Until 31 December 2021, paragraphs 1, 2 and 3 shall not apply to products offered for retail sale to the final consumer in Mayotte, as an outermost region within the meaning of Article 349 TFEU.".

Article 3

Amendments to Regulation (EU) No 1380/2013

Regulation (EU) No 1380/2013 is amended as follows:

| (1) | In Article 23, the following paragraph is added:

  "4.   By way of derogation from paragraph 1, France shall be authorised, until 31 December 2025, to introduce new capacity without the withdrawal of an equivalent capacity for the various segments in Mayotte, as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter "Mayotte"), referred to in Annex II." |
| --- | --- |

(1)

In Article 23, the following paragraph is added:

"4.   By way of derogation from paragraph 1, France shall be authorised, until 31 December 2025, to introduce new capacity without the withdrawal of an equivalent capacity for the various segments in Mayotte, as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter "Mayotte"), referred to in Annex II."

| (2) | In Article 36, the following paragraphs are added:

  "5.   By way of derogation from paragraph 1, France shall be exempted until 31 December 2021 from the obligation to include in its register of Union fishing vessels those vessels which are less than 10 metres in overall length and which operate from Mayotte.


  6.   Until 31 December 2021, France shall keep a provisional register of fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That register shall contain at least the name, overall length and an identification code of each vessel. Vessels registered in the provisional register shall be considered to be vessels registered in Mayotte." |
| --- | --- |

(2)

In Article 36, the following paragraphs are added:

"5.   By way of derogation from paragraph 1, France shall be exempted until 31 December 2021 from the obligation to include in its register of Union fishing vessels those vessels which are less than 10 metres in overall length and which operate from Mayotte.

6.   Until 31 December 2021, France shall keep a provisional register of fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That register shall contain at least the name, overall length and an identification code of each vessel. Vessels registered in the provisional register shall be considered to be vessels registered in Mayotte."

| (3) | The entries concerning Mayotte contained in the Annex to this Regulation shall be inserted into the table in Annex II to the Regulation (EU) No 1380/2013 after the entry "Guadeloupe: Pelagic species. L> 12m". |
| --- | --- |

(3)

The entries concerning Mayotte contained in the Annex to this Regulation shall be inserted into the table in Annex II to the Regulation (EU) No 1380/2013 after the entry "Guadeloupe: Pelagic species. L> 12m".

Article 4

Amendment to Regulation (EC) No 1069/2009

In Regulation (EC) No 1069/2009, Article 56 is replaced by the following:

"Article 56

Entry into force

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

It shall apply from 4 March 2011.

However, Article 4 shall apply to Mayotte, as an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter "Mayotte"), from 1 January 2021. Animal by-products and derived products generated in Mayotte before 1 January 2021 shall be disposed of in accordance with Article 19(1)(b) of this Regulation.

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

Article 5

Amendment to Regulation (EC) No 1224/2009

In Regulation (EC) No 1224/2009, the following article is inserted:

"Article 2a

Application of the Union control system to certain segments of the fleet of Mayotte as an outermost region

1.   Until 31 December 2021, Article 5(3) and Articles 6, 8, 41, 56, 58 to 62, 66, 68 and 109 shall not apply to France in respect of fishing vessels which are less than 10 metres in overall length and which operate from Mayotte, an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (hereinafter “Mayotte”), and the activities and catch of such fishing vessels.

2.   By 30 September 2014, France shall establish a simplified and provisional scheme of control applicable to fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That scheme shall address the following issues:

| (a) | knowledge of fishing capacity; |
| --- | --- |

(a)

knowledge of fishing capacity;

| (b) | access to Mayotte waters; |
| --- | --- |

(b)

access to Mayotte waters;

| (c) | implementation of declaration obligations; |
| --- | --- |

(c)

implementation of declaration obligations;

| (d) | designation of the authorities responsible for the control activities; |
| --- | --- |

(d)

designation of the authorities responsible for the control activities;

| (e) | measures ensuring that any enforcement on vessels longer than 10 metres length is carried out on a non-discriminatory basis. |
| --- | --- |

(e)

measures ensuring that any enforcement on vessels longer than 10 metres length is carried out on a non-discriminatory basis.

By 30 September 2020, France shall present to the Commission an action plan setting out the measures to be taken in order to ensure the full implementation of Regulation (EC) No 1224/2009 from 1 January 2022 concerning fishing vessels which are less than 10 metres in overall length and which operate from Mayotte. That action plan shall be the subject of a dialogue between France and the Commission. France shall take all necessary measures to implement that action plan."

Article 6

Entry into force

This Regulation shall enter into force on 1 January 2014.

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

Done at Brussels, 17 December 2013.

For the Council

The President

L. LINKEVIČIUS

---

(1)  Opinion of 12 December 2013 (not yet published in the Official Journal).

1

(2)  
  OJ C 341, 21.11.2013, p. 97.

2

(3)  European Council Decision 2012/419/EU of 11 July 2012 amending the status of Mayotte with regard to the European Union (OL L 204, 31.7.2012, p. 131).

3

(4)  Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organism (OJ L 125, 27.4.1998, p. 1).

4

(5)  See page 1 of this Official Journal.

5

(6)  See page 22 of this Official Journal.

6

(7)  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (OJ L 300, 14.11.2009, p.1).

7

(8)  Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

8

---

ANNEX

FISHING CAPACITY CEILINGS FOR THE FLEETS REGISTERED IN MAYOTTE AS AN OUTERMOST REGION IN THE MEANING OF ARTICLE 349 TFEU

| Mayotte. Seiners | 13 916  (*1) | 24 000  (*1) |
| --- | --- | --- |
| Mayotte.
  Mechanical long-liners < 23 m | 2 500  (*1) | 8 500  (*1) |
| Mayotte.
  Demersal and pelagic species. Vessels < 10 m | p.m. (*2) | p.m. (*2) |

Mayotte. Seiners

13 916  (*1)

24 000  (*1)

Mayotte.

Mechanical long-liners < 23 m

2 500  (*1)

8 500  (*1)

Mayotte.

Demersal and pelagic species. Vessels < 10 m

p.m. (*2)

p.m. (*2)

---

(*1)  According to the development plan presented to IOTC on 7 January 2011.

(*2)  Ceilings shall be indicated in this table when ready and at the latest by 31 December 2025.

---

DIRECTIVES

| 28.12.2013 | EN | Official Journal of the European Union | L 354/90 |
| --- | --- | --- | --- |

28.12.2013

EN

Official Journal of the European Union

L 354/90

---

DIRECTIVE 2013/53/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 November 2013

on recreational craft and personal watercraft and repealing Directive 94/25/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (3) was adopted in the context of establishing the internal market in order to harmonise safety characteristics of recreational craft in all Member States and to remove obstacles to trade in recreational craft between Member States. |
| --- | --- |

(1)

Directive 94/25/EC of the European Parliament and of the Council of 16 June 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft (3) was adopted in the context of establishing the internal market in order to harmonise safety characteristics of recreational craft in all Member States and to remove obstacles to trade in recreational craft between Member States.

| (2) | Originally, Directive 94/25/EC covered only recreational craft of a minimum hull length of 2,5 m and a maximum length of 24 m. Directive 2003/44/EC of the Council and the European Parliament of 16 June 2003 amending Directive 94/25/EC (4) extended the scope of Directive 94/25/EC to include personal watercraft, and integrated environmental protection requirements into the amended Directive by adopting exhaust emission limits (CO, HC, NOx and particulates) and noise limits levels for propulsion engines, for both compression-ignition engines and spark-ignition engines. |
| --- | --- |

(2)

Originally, Directive 94/25/EC covered only recreational craft of a minimum hull length of 2,5 m and a maximum length of 24 m. Directive 2003/44/EC of the Council and the European Parliament of 16 June 2003 amending Directive 94/25/EC (4) extended the scope of Directive 94/25/EC to include personal watercraft, and integrated environmental protection requirements into the amended Directive by adopting exhaust emission limits (CO, HC, NOx and particulates) and noise limits levels for propulsion engines, for both compression-ignition engines and spark-ignition engines.

| (3) | Directive 94/25/EC is based on the New Approach principles, as set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (5) Thus, it sets out only the essential requirements applying to recreational craft, whereas technical details are adopted by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (6). Conformity with the harmonised standards so set, the reference numbers of which are published in the Official Journal of the European Union, provides a presumption of conformity with the requirements of Directive 94/25/EC. Experience has shown that those basic principles have worked well in this sector and should be maintained and even further promoted. |
| --- | --- |

(3)

Directive 94/25/EC is based on the New Approach principles, as set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (5) Thus, it sets out only the essential requirements applying to recreational craft, whereas technical details are adopted by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (6). Conformity with the harmonised standards so set, the reference numbers of which are published in the Official Journal of the European Union, provides a presumption of conformity with the requirements of Directive 94/25/EC. Experience has shown that those basic principles have worked well in this sector and should be maintained and even further promoted.

| (4) | Technological developments in the market have, however, raised new issues with respect to the environmental requirements of Directive 94/25/EC. In order to take account of those developments and to provide clarification in relation to the framework within which products covered by this Directive may be marketed, certain aspects of Directive 94/25/EC should be revised and enhanced and, in the interests of clarity, that Directive should be repealed and replaced by this Directive. |
| --- | --- |

(4)

Technological developments in the market have, however, raised new issues with respect to the environmental requirements of Directive 94/25/EC. In order to take account of those developments and to provide clarification in relation to the framework within which products covered by this Directive may be marketed, certain aspects of Directive 94/25/EC should be revised and enhanced and, in the interests of clarity, that Directive should be repealed and replaced by this Directive.

| (5) | Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (7) lays down horizontal provisions on the accreditation of conformity assessment bodies, on the CE marking and on the Union market surveillance framework for, and controls of, products entering the Union market which also apply to products covered by this Directive. |
| --- | --- |

(5)

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (7) lays down horizontal provisions on the accreditation of conformity assessment bodies, on the CE marking and on the Union market surveillance framework for, and controls of, products entering the Union market which also apply to products covered by this Directive.

| (6) | Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (8) provides common principles and reference provisions for the purposes of legislation based on the New Approach principles. In order to ensure consistency with other sectoral product legislation, it is appropriate to align certain provisions of this Directive to that Decision, in so far as sectoral specificities do not require a different solution. Therefore, certain definitions, the general obligations of economic operators, the presumption of conformity, rules on CE marking, requirements for conformity assessment bodies and notification procedures and the provisions concerning procedures dealing with products presenting a risk should be aligned to that Decision. Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation (9) provides for a procedure for objections to harmonised standards where those standards do not entirely satisfy the requirements of this Directive. |
| --- | --- |

(6)

Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (8) provides common principles and reference provisions for the purposes of legislation based on the New Approach principles. In order to ensure consistency with other sectoral product legislation, it is appropriate to align certain provisions of this Directive to that Decision, in so far as sectoral specificities do not require a different solution. Therefore, certain definitions, the general obligations of economic operators, the presumption of conformity, rules on CE marking, requirements for conformity assessment bodies and notification procedures and the provisions concerning procedures dealing with products presenting a risk should be aligned to that Decision. Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation (9) provides for a procedure for objections to harmonised standards where those standards do not entirely satisfy the requirements of this Directive.

| (7) | In order to facilitate the understanding and uniform application of this Directive by economic operators and national authorities, the scope and definitions of Directive 94/25/EC should be clarified. In particular, it should be clarified that amphibious vehicles are excluded from the scope of this Directive. It is also necessary to specify what kind of canoes and kayaks are excluded from the scope of this Directive and to clarify that only personal watercraft intended for sports and leisure are covered by this Directive. |
| --- | --- |

(7)

In order to facilitate the understanding and uniform application of this Directive by economic operators and national authorities, the scope and definitions of Directive 94/25/EC should be clarified. In particular, it should be clarified that amphibious vehicles are excluded from the scope of this Directive. It is also necessary to specify what kind of canoes and kayaks are excluded from the scope of this Directive and to clarify that only personal watercraft intended for sports and leisure are covered by this Directive.

| (8) | It is also appropriate to provide definitions of ‘watercraft built for own use’, of ‘hull length’ and of ‘private importer’ specific to this sector in order to facilitate the understanding and uniform application of this Directive. It is necessary to extend the current definition of ‘propulsion engine’ to also cover innovative propulsion solutions. |
| --- | --- |

(8)

It is also appropriate to provide definitions of ‘watercraft built for own use’, of ‘hull length’ and of ‘private importer’ specific to this sector in order to facilitate the understanding and uniform application of this Directive. It is necessary to extend the current definition of ‘propulsion engine’ to also cover innovative propulsion solutions.

| (9) | The products covered by this Directive that are placed on the Union market or put into service should comply with the relevant legislation of the Union, and economic operators should be responsible for the compliance of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of public interests, such as health and safety and the protection of consumers and of the environment, and to guarantee fair competition on the Union market. |
| --- | --- |

(9)

The products covered by this Directive that are placed on the Union market or put into service should comply with the relevant legislation of the Union, and economic operators should be responsible for the compliance of products, in relation to their respective roles in the supply chain, so as to ensure a high level of protection of public interests, such as health and safety and the protection of consumers and of the environment, and to guarantee fair competition on the Union market.

| (10) | All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that products covered by this Directive do not endanger the health and safety of persons, property or the environment when correctly constructed and maintained and that they make available on the market only products which comply with the relevant legislation of the Union. This Directive should provide a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution chain. |
| --- | --- |

(10)

All economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that products covered by this Directive do not endanger the health and safety of persons, property or the environment when correctly constructed and maintained and that they make available on the market only products which comply with the relevant legislation of the Union. This Directive should provide a clear and proportionate distribution of obligations which correspond to the role of each operator in the supply and distribution chain.

| (11) | As certain tasks can be executed only by the manufacturer, it is necessary to distinguish clearly between the manufacturer and operators further down the distribution chain. It is also necessary to distinguish clearly between the importer and the distributor, as the importer introduces products from third countries to the Union market. The importer should thus make sure that those products comply with the applicable Union requirements. |
| --- | --- |

(11)

As certain tasks can be executed only by the manufacturer, it is necessary to distinguish clearly between the manufacturer and operators further down the distribution chain. It is also necessary to distinguish clearly between the importer and the distributor, as the importer introduces products from third countries to the Union market. The importer should thus make sure that those products comply with the applicable Union requirements.

| (12) | The manufacturer, having detailed knowledge of the design and production process, is best placed to carry out the complete conformity assessment procedure. Conformity assessment should therefore remain the obligation of the manufacturer alone. |
| --- | --- |

(12)

The manufacturer, having detailed knowledge of the design and production process, is best placed to carry out the complete conformity assessment procedure. Conformity assessment should therefore remain the obligation of the manufacturer alone.

| (13) | It is necessary to ensure that products covered by this Directive entering the Union market from third countries comply with all applicable Union requirements, and in particular that appropriate assessment procedures have been carried out by manufacturers with regard to those products. Provision should therefore be made for importers to make sure that the products they place on the market comply with the applicable requirements and that they do not place on the market products which do not comply with such requirements or which present a risk. For the same reason, provision should also be made for importers to make sure that conformity assessment procedures have been carried out and that the CE marking and documentation drawn up by manufacturers are available for inspection by the supervisory authorities. |
| --- | --- |

(13)

It is necessary to ensure that products covered by this Directive entering the Union market from third countries comply with all applicable Union requirements, and in particular that appropriate assessment procedures have been carried out by manufacturers with regard to those products. Provision should therefore be made for importers to make sure that the products they place on the market comply with the applicable requirements and that they do not place on the market products which do not comply with such requirements or which present a risk. For the same reason, provision should also be made for importers to make sure that conformity assessment procedures have been carried out and that the CE marking and documentation drawn up by manufacturers are available for inspection by the supervisory authorities.

| (14) | Where the distributor makes a product covered by this Directive available on the market after it has been placed on the market by the manufacturer or the importer, it should act with due care to ensure that its handling of the product does not adversely affect its compliance. Both importers and distributors are expected to act with due care in relation to the requirements applicable when placing or making products available on the market. |
| --- | --- |

(14)

Where the distributor makes a product covered by this Directive available on the market after it has been placed on the market by the manufacturer or the importer, it should act with due care to ensure that its handling of the product does not adversely affect its compliance. Both importers and distributors are expected to act with due care in relation to the requirements applicable when placing or making products available on the market.

| (15) | When placing a product covered by this Directive on the market, importers should indicate on the product their name and the address at which they can be contacted. Exceptions should be provided for in cases where the size or nature of a component does not allow for such an indication. |
| --- | --- |

(15)

When placing a product covered by this Directive on the market, importers should indicate on the product their name and the address at which they can be contacted. Exceptions should be provided for in cases where the size or nature of a component does not allow for such an indication.

| (16) | Any economic operator that either places a product on the market under its own name or trademark or modifies a product in such a way that compliance with the applicable requirements may be affected should be considered to be the manufacturer and should assume the obligations of the manufacturer. |
| --- | --- |

(16)

Any economic operator that either places a product on the market under its own name or trademark or modifies a product in such a way that compliance with the applicable requirements may be affected should be considered to be the manufacturer and should assume the obligations of the manufacturer.

| (17) | Distributors and importers, being close to the market place, should be involved in market surveillance tasks carried out by competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the product concerned. |
| --- | --- |

(17)

Distributors and importers, being close to the market place, should be involved in market surveillance tasks carried out by competent national authorities, and should be prepared to participate actively, providing those authorities with all necessary information relating to the product concerned.

| (18) | The import of recreational craft and personal watercraft from third countries to the Union by natural or legal persons established within the Union is a specific feature of this sector. However, Directive 94/25/EC contains a small number of provisions which apply or could be deemed as applying to private importers as regards performing the conformity assessment (post-construction assessment). Therefore, there is a need to clarify the other obligations of private importers which should be in principle harmonised with those of manufacturers, with some exceptions related to the non-commercial nature of their activities. |
| --- | --- |

(18)

The import of recreational craft and personal watercraft from third countries to the Union by natural or legal persons established within the Union is a specific feature of this sector. However, Directive 94/25/EC contains a small number of provisions which apply or could be deemed as applying to private importers as regards performing the conformity assessment (post-construction assessment). Therefore, there is a need to clarify the other obligations of private importers which should be in principle harmonised with those of manufacturers, with some exceptions related to the non-commercial nature of their activities.

| (19) | Ensuring the traceability of a product throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities’ task of tracing economic operators who made non-compliant products available on the market. |
| --- | --- |

(19)

Ensuring the traceability of a product throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient traceability system facilitates the market surveillance authorities’ task of tracing economic operators who made non-compliant products available on the market.

| (20) | For reasons of clarity and consistency with other New Approach Directives, it is necessary to specify explicitly that products covered by this Directive may be placed on the market or put into service only if they meet the general requirement not to endanger the health and safety of persons, property or the environment, and only if they meet the essential requirements set out in this Directive. |
| --- | --- |

(20)

For reasons of clarity and consistency with other New Approach Directives, it is necessary to specify explicitly that products covered by this Directive may be placed on the market or put into service only if they meet the general requirement not to endanger the health and safety of persons, property or the environment, and only if they meet the essential requirements set out in this Directive.

| (21) | For engines adapted for marine use as propulsion engines, where the source engine is already type-approved in accordance with Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (10), or Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (euro VI) and on access to vehicle repair and maintenance information (11), persons adapting engines should be able to rely on the proof of conformity issued by the original engine manufacturer where those adaptations have not altered the exhaust emission characteristics. |
| --- | --- |

(21)

For engines adapted for marine use as propulsion engines, where the source engine is already type-approved in accordance with Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery (10), or Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (euro VI) and on access to vehicle repair and maintenance information (11), persons adapting engines should be able to rely on the proof of conformity issued by the original engine manufacturer where those adaptations have not altered the exhaust emission characteristics.

| (22) | Options for further reducing the exhaust emission limits of recreational marine engines have been assessed in the report on the possibilities of further improving the environmental characteristics of recreational craft engines, submitted pursuant to Article 2 of Directive 2003/44/EC. That report concluded that it is appropriate to set stricter limits than those set out in Directive 2003/44/EC. The limits should be set at a level that reflects the technical development of cleaner marine engine technologies and that allows progress towards the harmonisation of exhaust emission limits worldwide. The CO-limits, however, should be raised in order to allow the significant decrease of other air pollutants to reflect technological feasibility and to achieve the fastest possible implementation while ensuring that the socioeconomic impact on this economic sector is acceptable. |
| --- | --- |

(22)

Options for further reducing the exhaust emission limits of recreational marine engines have been assessed in the report on the possibilities of further improving the environmental characteristics of recreational craft engines, submitted pursuant to Article 2 of Directive 2003/44/EC. That report concluded that it is appropriate to set stricter limits than those set out in Directive 2003/44/EC. The limits should be set at a level that reflects the technical development of cleaner marine engine technologies and that allows progress towards the harmonisation of exhaust emission limits worldwide. The CO-limits, however, should be raised in order to allow the significant decrease of other air pollutants to reflect technological feasibility and to achieve the fastest possible implementation while ensuring that the socioeconomic impact on this economic sector is acceptable.

| (23) | Depending on the fuel and power category, the test cycles for engines in marine applications described in the relevant harmonised standard should be used, and until they are available, those described in the relevant ISO standard, taking into account the values fixed in Annex I, Part B, point 2.3. Test cycles should be developed for all combustion engines which are part of the propulsion system, including hybrid power installations. |
| --- | --- |

(23)

Depending on the fuel and power category, the test cycles for engines in marine applications described in the relevant harmonised standard should be used, and until they are available, those described in the relevant ISO standard, taking into account the values fixed in Annex I, Part B, point 2.3. Test cycles should be developed for all combustion engines which are part of the propulsion system, including hybrid power installations.

| (24) | The test fuels used to assess the conformity of craft with the exhaust emission limits should reflect the composition of the fuels used in the relevant market and therefore the European test fuels should be used in the type approval in the Union. However, since manufacturers from third countries may not have access to European reference fuels, it is necessary to allow approval authorities to accept that engines be tested with other reference fuels. The choice of reference fuels should however be limited to those specifications set out in the relevant ISO standard in order to ensure quality and comparability of test results. |
| --- | --- |

(24)

The test fuels used to assess the conformity of craft with the exhaust emission limits should reflect the composition of the fuels used in the relevant market and therefore the European test fuels should be used in the type approval in the Union. However, since manufacturers from third countries may not have access to European reference fuels, it is necessary to allow approval authorities to accept that engines be tested with other reference fuels. The choice of reference fuels should however be limited to those specifications set out in the relevant ISO standard in order to ensure quality and comparability of test results.

| (25) | In order to contribute to the protection of the marine environment, it is appropriate to adopt a requirement imposing mandatory installation of holding tanks to watercraft fitted with toilets. |
| --- | --- |

(25)

In order to contribute to the protection of the marine environment, it is appropriate to adopt a requirement imposing mandatory installation of holding tanks to watercraft fitted with toilets.

| (26) | Accident statistics show that the risk of inversion of habitable multihull recreational craft is low. In spite of this low risk, it is appropriate to consider that there is a risk of inversion of habitable multihull recreational craft and, if susceptible to such inversion, they should remain afloat in the inverted position and escape should be practicable. |
| --- | --- |

(26)

Accident statistics show that the risk of inversion of habitable multihull recreational craft is low. In spite of this low risk, it is appropriate to consider that there is a risk of inversion of habitable multihull recreational craft and, if susceptible to such inversion, they should remain afloat in the inverted position and escape should be practicable.

| (27) | In accordance with the principle of subsidiarity, the provisions of this Directive should not affect Member States’ entitlement to lay down such requirements as they may deem necessary concerning navigation on certain waters for the purpose of protection of the environment, including from noise pollution, the fabric of waterways, and ensuring safety of waterways, provided that those provisions do not require modification to the watercraft which is in conformity with this Directive and that those provisions are justified and proportionate to the objectives to be achieved. |
| --- | --- |

(27)

In accordance with the principle of subsidiarity, the provisions of this Directive should not affect Member States’ entitlement to lay down such requirements as they may deem necessary concerning navigation on certain waters for the purpose of protection of the environment, including from noise pollution, the fabric of waterways, and ensuring safety of waterways, provided that those provisions do not require modification to the watercraft which is in conformity with this Directive and that those provisions are justified and proportionate to the objectives to be achieved.

| (28) | The CE marking, indicating the conformity of a product, is the visible consequence of a whole process comprising conformity assessment in a broad sense. The general principles governing the CE marking are set out in Regulation (EC) No 765/2008. Rules governing the affixing of the CE marking to watercraft, components and propulsion engines should be laid down in this Directive. It is appropriate to enlarge the obligation to affix the CE marking also to all inboard engines and stern drive engines without integral exhaust which are regarded as meeting the essential requirements set out in this Directive. |
| --- | --- |

(28)

The CE marking, indicating the conformity of a product, is the visible consequence of a whole process comprising conformity assessment in a broad sense. The general principles governing the CE marking are set out in Regulation (EC) No 765/2008. Rules governing the affixing of the CE marking to watercraft, components and propulsion engines should be laid down in this Directive. It is appropriate to enlarge the obligation to affix the CE marking also to all inboard engines and stern drive engines without integral exhaust which are regarded as meeting the essential requirements set out in this Directive.

| (29) | It is crucial to make clear to manufacturers, private importers and users that by affixing the CE marking to the product, the manufacturer declares that the product is in conformity with all applicable requirements and takes full responsibility thereof. |
| --- | --- |

(29)

It is crucial to make clear to manufacturers, private importers and users that by affixing the CE marking to the product, the manufacturer declares that the product is in conformity with all applicable requirements and takes full responsibility thereof.

| (30) | The CE marking should be the only marking of conformity indicating that the product covered by this Directive is in conformity with Union harmonisation legislation. However, other markings should be allowed as long as they contribute to the improvement of consumer protection and are not covered by Union harmonisation legislation. |
| --- | --- |

(30)

The CE marking should be the only marking of conformity indicating that the product covered by this Directive is in conformity with Union harmonisation legislation. However, other markings should be allowed as long as they contribute to the improvement of consumer protection and are not covered by Union harmonisation legislation.

| (31) | In order to ensure compliance with the essential requirements, it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer. Those procedures should be set by reference to conformity assessment modules laid down in Decision No 768/2008/EC. Those procedures should be devised in the light of the level of the risk which may be inherent in the watercraft, engines and components. Therefore each category of conformity should be supplemented by an appropriate procedure or a choice betweens several equivalent procedures. |
| --- | --- |

(31)

In order to ensure compliance with the essential requirements, it is necessary to lay down appropriate conformity assessment procedures to be followed by the manufacturer. Those procedures should be set by reference to conformity assessment modules laid down in Decision No 768/2008/EC. Those procedures should be devised in the light of the level of the risk which may be inherent in the watercraft, engines and components. Therefore each category of conformity should be supplemented by an appropriate procedure or a choice betweens several equivalent procedures.

| (32) | Experience has shown that it is appropriate to allow a wider range of conformity assessment modules for components. As regards conformity assessment of exhaust emission and noise emission requirements, a distinction should be made between the cases where the harmonised standards have been used and where they have not, since in the latter cases, it is justified to require a more stringent conformity assessment procedure. Furthermore, the possibility of using the reference boat data for noise emissions testing should be suppressed as superfluous, since it has not been used in practice. |
| --- | --- |

(32)

Experience has shown that it is appropriate to allow a wider range of conformity assessment modules for components. As regards conformity assessment of exhaust emission and noise emission requirements, a distinction should be made between the cases where the harmonised standards have been used and where they have not, since in the latter cases, it is justified to require a more stringent conformity assessment procedure. Furthermore, the possibility of using the reference boat data for noise emissions testing should be suppressed as superfluous, since it has not been used in practice.

| (33) | In order to provide clear information about the acceptable operating environment of watercraft, the titles of the watercraft design categories should only be based on the essential environmental conditions for navigation, namely wind force and significant wave height. Four design categories, A, B, C and D, specify ranges of wind force and of significant wave height for the purpose of design with explanatory notes. |
| --- | --- |

(33)

In order to provide clear information about the acceptable operating environment of watercraft, the titles of the watercraft design categories should only be based on the essential environmental conditions for navigation, namely wind force and significant wave height. Four design categories, A, B, C and D, specify ranges of wind force and of significant wave height for the purpose of design with explanatory notes.

| (34) | Directive 94/25/EC contains rules on the post-construction assessment of recreational craft carried out by any natural or legal person established within the Union who places the product on the market or puts it into service in cases where the manufacturer does not fulfil the responsibilities for the product’s conformity with the Directive. For consistency, it is appropriate to extend the scope of post-construction assessment to cover not only recreational craft but also personal watercraft. For the purpose of clarity, it should be specified in which situations post-construction assessment may be used. Furthermore, as regards import, its use should be restricted to cases of non-commercial import by private importers to prevent abuse of post-construction assessment for commercial purposes. There is also a need to widen the obligation of the person asking for the post-construction assessment to provide documents to the notified body in order to ensure a reliable assessment of the conformity of the product by the notified body. |
| --- | --- |

(34)

Directive 94/25/EC contains rules on the post-construction assessment of recreational craft carried out by any natural or legal person established within the Union who places the product on the market or puts it into service in cases where the manufacturer does not fulfil the responsibilities for the product’s conformity with the Directive. For consistency, it is appropriate to extend the scope of post-construction assessment to cover not only recreational craft but also personal watercraft. For the purpose of clarity, it should be specified in which situations post-construction assessment may be used. Furthermore, as regards import, its use should be restricted to cases of non-commercial import by private importers to prevent abuse of post-construction assessment for commercial purposes. There is also a need to widen the obligation of the person asking for the post-construction assessment to provide documents to the notified body in order to ensure a reliable assessment of the conformity of the product by the notified body.

| (35) | Since it is necessary to ensure a uniformly high level of performance of bodies performing conformity assessment of products covered by this Directive throughout the Union, and since all such bodies should perform their functions at the same level and under conditions of fair competition, obligatory requirements should be set for conformity assessment bodies wishing to be notified in order to provide conformity assessment services under this Directive. |
| --- | --- |

(35)

Since it is necessary to ensure a uniformly high level of performance of bodies performing conformity assessment of products covered by this Directive throughout the Union, and since all such bodies should perform their functions at the same level and under conditions of fair competition, obligatory requirements should be set for conformity assessment bodies wishing to be notified in order to provide conformity assessment services under this Directive.

| (36) | In order to ensure a consistent level of quality in the performance of conformity assessment of products covered by this Directive, it is necessary not only to consolidate the requirements that conformity assessment bodies wishing to be notified must fulfill, but also, in parallel, to set requirements that notifying authorities and other bodies involved in the assessment, notification and monitoring of notified bodies must fulfill. |
| --- | --- |

(36)

In order to ensure a consistent level of quality in the performance of conformity assessment of products covered by this Directive, it is necessary not only to consolidate the requirements that conformity assessment bodies wishing to be notified must fulfill, but also, in parallel, to set requirements that notifying authorities and other bodies involved in the assessment, notification and monitoring of notified bodies must fulfill.

| (37) | Regulation (EC) No 765/2008 complements and strengthens the existing framework for the market surveillance of products covered by Union harmonisation legislation, including products covered by this Directive. Member States should therefore organise and carry out market surveillance of those products in accordance with that Regulation, and where applicable, in accordance with Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (12). |
| --- | --- |

(37)

Regulation (EC) No 765/2008 complements and strengthens the existing framework for the market surveillance of products covered by Union harmonisation legislation, including products covered by this Directive. Member States should therefore organise and carry out market surveillance of those products in accordance with that Regulation, and where applicable, in accordance with Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (12).

| (38) | In order to increase transparency and to reduce processing time, it is necessary to improve the existing safeguard procedure allowing the Commission to examine the justification for a measure taken by a Member State against products it considers to be non-compliant, with the aim of making it more efficient and of drawing on expertise available in the Member States. |
| --- | --- |

(38)

In order to increase transparency and to reduce processing time, it is necessary to improve the existing safeguard procedure allowing the Commission to examine the justification for a measure taken by a Member State against products it considers to be non-compliant, with the aim of making it more efficient and of drawing on expertise available in the Member States.

| (39) | The existing system should be complemented by a procedure allowing interested parties to be informed of measures taken with regard to products covered by this Directive presenting a risk to the health and safety of persons or to other aspects of public interest protection. It should also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage in respect of such products. |
| --- | --- |

(39)

The existing system should be complemented by a procedure allowing interested parties to be informed of measures taken with regard to products covered by this Directive presenting a risk to the health and safety of persons or to other aspects of public interest protection. It should also allow market surveillance authorities, in cooperation with the relevant economic operators, to act at an earlier stage in respect of such products.

| (40) | Where Member States and the Commission agree as to the justification for a measure taken by a Member State, no further involvement of the Commission should be required. |
| --- | --- |

(40)

Where Member States and the Commission agree as to the justification for a measure taken by a Member State, no further involvement of the Commission should be required.

| (41) | In order to take into account the progress of technical knowledge and new scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend points 2.3, 2.4 and 2.5 as well as Section 3 of Part B and Section 3 of Part C of Annex I, and Annexes V, VII and IX. In the future, this will allow the Commission to include test cycles for hybrid engines and to introduce biofuel blended test fuels in the table of test fuels once those test fuels have been internationally accepted. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(41)

In order to take into account the progress of technical knowledge and new scientific evidence, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend points 2.3, 2.4 and 2.5 as well as Section 3 of Part B and Section 3 of Part C of Annex I, and Annexes V, VII and IX. In the future, this will allow the Commission to include test cycles for hybrid engines and to introduce biofuel blended test fuels in the table of test fuels once those test fuels have been internationally accepted. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (42) | In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (13). |
| --- | --- |

(42)

In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (13).

| (43) | The advisory procedure should be used for the adoption of implementing acts requesting the notifying Member State to take the necessary corrective measures in respect of notified bodies that do not meet or no longer meet the requirements for their notification. |
| --- | --- |

(43)

The advisory procedure should be used for the adoption of implementing acts requesting the notifying Member State to take the necessary corrective measures in respect of notified bodies that do not meet or no longer meet the requirements for their notification.

| (44) | The examination procedure should be used for the adoption of implementing acts ensuring that this Directive is applied in a uniform manner, in particular as regards the supplementary provisions set out in Article 24 on conformity assessement procedures, and as regards the requirements on the watercraft design categories, watercraft identification, builder’s plate, owner’s manual, gas system, discharge prevention, reporting questionnaire and navigation lights. |
| --- | --- |

(44)

The examination procedure should be used for the adoption of implementing acts ensuring that this Directive is applied in a uniform manner, in particular as regards the supplementary provisions set out in Article 24 on conformity assessement procedures, and as regards the requirements on the watercraft design categories, watercraft identification, builder’s plate, owner’s manual, gas system, discharge prevention, reporting questionnaire and navigation lights.

| (45) | The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011, determine whether measures taken by Member States in respect of a product presenting a risk to the health or safety of persons, to property or to the environment are justified. |
| --- | --- |

(45)

The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011, determine whether measures taken by Member States in respect of a product presenting a risk to the health or safety of persons, to property or to the environment are justified.

| (46) | The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to conformity assessment, watercraft design categories, navigation lights, discharge prevention and gas appliances which present a risk to the health or safety of persons, property or to the environment, imperative grounds of urgency so require. |
| --- | --- |

(46)

The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to conformity assessment, watercraft design categories, navigation lights, discharge prevention and gas appliances which present a risk to the health or safety of persons, property or to the environment, imperative grounds of urgency so require.

| (47) | In line with established practice, the committee set up by this Directive can play a useful role in examining matters concerning the application of this Directive raised either by its chair or by a representative of a Member State in accordance with its rules of procedure. |
| --- | --- |

(47)

In line with established practice, the committee set up by this Directive can play a useful role in examining matters concerning the application of this Directive raised either by its chair or by a representative of a Member State in accordance with its rules of procedure.

| (48) | In order to enforce the monitoring and the efficiency of this Directive, Member States should complete a questionnaire on the application of this Directive. The Commission should then draw up and publish a report on the application of this Directive. |
| --- | --- |

(48)

In order to enforce the monitoring and the efficiency of this Directive, Member States should complete a questionnaire on the application of this Directive. The Commission should then draw up and publish a report on the application of this Directive.

| (49) | Member States should lay down rules on penalties applicable to infringements of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive. |
| --- | --- |

(49)

Member States should lay down rules on penalties applicable to infringements of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

| (50) | In order to allow manufacturers and other economic operators sufficient time to adapt to the requirements laid down by this Directive, it is necessary to provide for a sufficient transitional period after the entry into force of this Directive during which products which comply with Directive 94/25/EC may still be placed on the market. |
| --- | --- |

(50)

In order to allow manufacturers and other economic operators sufficient time to adapt to the requirements laid down by this Directive, it is necessary to provide for a sufficient transitional period after the entry into force of this Directive during which products which comply with Directive 94/25/EC may still be placed on the market.

| (51) | In order to facilitate the application of this Directive by small and medium-sized manufacturers of outboard spark-ignition propulsion engines with power equal to or less than 15 kW and to allow them to adapt to the new requirements, it is appropriate to provide for a specific transitional period for those manufacturers. |
| --- | --- |

(51)

In order to facilitate the application of this Directive by small and medium-sized manufacturers of outboard spark-ignition propulsion engines with power equal to or less than 15 kW and to allow them to adapt to the new requirements, it is appropriate to provide for a specific transitional period for those manufacturers.

| (52) | Since the objective of this Directive, namely to ensure a high level of protection of human health and safety and protection of environment whilst guaranteeing the functioning of the internal market by setting harmonised requirements for products covered by this Directive and minimum requirements for market surveillance, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(52)

Since the objective of this Directive, namely to ensure a high level of protection of human health and safety and protection of environment whilst guaranteeing the functioning of the internal market by setting harmonised requirements for products covered by this Directive and minimum requirements for market surveillance, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.

| (53) | Directive 94/25/EC should therefore be repealed, |
| --- | --- |

(53)

Directive 94/25/EC should therefore be repealed,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Directive lays down requirements for the design and manufacture of products referred to in Article 2(1) and rules on their free movement in the Union.

Article 2

Scope

1.   This Directive shall apply to the following products:

| (a) | recreational craft and partly completed recreational craft; |
| --- | --- |

(a)

recreational craft and partly completed recreational craft;

| (b) | personal watercraft and partly completed personal watercraft; |
| --- | --- |

(b)

personal watercraft and partly completed personal watercraft;

| (c) | components listed in Annex II when placed on the Union market separately, hereinafter referred to as ‘components’; |
| --- | --- |

(c)

components listed in Annex II when placed on the Union market separately, hereinafter referred to as ‘components’;

| (d) | propulsion engines which are installed or specifically intended for installation on or in watercraft; |
| --- | --- |

(d)

propulsion engines which are installed or specifically intended for installation on or in watercraft;

| (e) | propulsion engines installed on or in watercraft that are subject to a major engine modification; |
| --- | --- |

(e)

propulsion engines installed on or in watercraft that are subject to a major engine modification;

| (f) | watercraft that are subject to major craft conversion. |
| --- | --- |

(f)

watercraft that are subject to major craft conversion.

2.   This Directive shall not apply to the following products:

| (a) | with regard to the design and construction requirements set out in Part A of Annex I:






  (i) | watercraft intended solely for racing, including rowing racing boats and training rowing boats, labelled as such by the manufacturer; |
| --- | --- | --- |

(a)

with regard to the design and construction requirements set out in Part A of Annex I:

(i)

watercraft intended solely for racing, including rowing racing boats and training rowing boats, labelled as such by the manufacturer;

| (ii) | canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos; |
| --- | --- |

(ii)

canoes and kayaks designed to be propelled solely by human power, gondolas and pedalos;

| (iii) | surfboards designed solely to be propelled by wind and to be operated by a person or persons standing; |
| --- | --- |

(iii)

surfboards designed solely to be propelled by wind and to be operated by a person or persons standing;

| (iv) | surfboards; |
| --- | --- |

(iv)

surfboards;

| (v) | original historical watercraft and individual replicas thereof designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer; |
| --- | --- |

(v)

original historical watercraft and individual replicas thereof designed before 1950, built predominantly with the original materials and labelled as such by the manufacturer;

| (vi) | experimental watercraft, provided that they are not placed on the Union market; |
| --- | --- |

(vi)

experimental watercraft, provided that they are not placed on the Union market;

| (vii) | watercraft built for own use, provided that they are not subsequently placed on the Union market during a period of five years from the putting into service of the watercraft; |
| --- | --- |

(vii)

watercraft built for own use, provided that they are not subsequently placed on the Union market during a period of five years from the putting into service of the watercraft;

| (viii) | watercraft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3, regardless of the number of passengers; |
| --- | --- |

(viii)

watercraft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3, regardless of the number of passengers;

| (ix) | submersibles; |
| --- | --- |

(ix)

submersibles;

| (x) | air cushion vehicles; |
| --- | --- |

(x)

air cushion vehicles;

| (xi) | hydrofoils; |
| --- | --- |

(xi)

hydrofoils;

| (xii) | external combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas; |
| --- | --- |

(xii)

external combustion steam powered watercraft, fuelled by coal, coke, wood, oil or gas;

| (xiii) | amphibious vehicles, i.e. wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land; |
| --- | --- |

(xiii)

amphibious vehicles, i.e. wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land;

| (b) | with regard to exhaust emission requirements set out in Part B of Annex I:






  (i) | propulsion engines installed or specifically intended for installation on the following products:






  — | watercraft intended solely for racing and labelled as such by the manufacturer; |
| --- | --- | --- | --- |

(b)

with regard to exhaust emission requirements set out in Part B of Annex I:

(i)

propulsion engines installed or specifically intended for installation on the following products:

—

watercraft intended solely for racing and labelled as such by the manufacturer;

| — | experimental watercraft, provided that they are not placed on the Union market; |
| --- | --- |

—

experimental watercraft, provided that they are not placed on the Union market;

| — | watercraft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3, regardless of the number of passengers; |
| --- | --- |

—

watercraft specifically intended to be crewed and to carry passengers for commercial purposes, without prejudice to paragraph 3, regardless of the number of passengers;

| — | submersibles; |
| --- | --- |

—

submersibles;

| — | air cushion vehicles; |
| --- | --- |

—

air cushion vehicles;

| — | hydrofoils; |
| --- | --- |

—

hydrofoils;

| — | amphibious vehicles, i.e. wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land; |
| --- | --- |

—

amphibious vehicles, i.e. wheeled or track-laying motor vehicles, which are able to operate both on water and on solid land;

| (ii) | original and individual replicas of historical propulsion engines, which are based on a pre-1950 design, not produced in series and fitted on watercraft referred to in points (v) or (vii) of point (a); |
| --- | --- |

(ii)

original and individual replicas of historical propulsion engines, which are based on a pre-1950 design, not produced in series and fitted on watercraft referred to in points (v) or (vii) of point (a);

| (iii) | propulsion engines built for own use provided that they are not subsequently placed on the Union market during a period of five years from the putting into service of the watercraft; |
| --- | --- |

(iii)

propulsion engines built for own use provided that they are not subsequently placed on the Union market during a period of five years from the putting into service of the watercraft;

| (c) | with regard to noise emission requirements referred to in Part C of Annex I:






  (i) | all watercraft referred to in point (b); |
| --- | --- | --- |

(c)

with regard to noise emission requirements referred to in Part C of Annex I:

(i)

all watercraft referred to in point (b);

| (ii) | watercraft built for own use, provided that they are notsubsequently placed on the Union market during a period of five years from the putting into service of the watercraft. |
| --- | --- |

(ii)

watercraft built for own use, provided that they are notsubsequently placed on the Union market during a period of five years from the putting into service of the watercraft.

3.   The fact that the same watercraft could also be used for charter or for sports and leisure training shall not prevent it being covered by this Directive when it is placed on the Union market for recreational purposes.

Article 3

Definitions

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

| (1) | ‘watercraft’ means any recreational craft or personal watercraft; |
| --- | --- |

(1)

‘watercraft’ means any recreational craft or personal watercraft;

| (2) | ‘recreational craft’ means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2,5 m to 24 m, regardless of the means of propulsion; |
| --- | --- |

(2)

‘recreational craft’ means any watercraft of any type, excluding personal watercraft, intended for sports and leisure purposes of hull length from 2,5 m to 24 m, regardless of the means of propulsion;

| (3) | ‘personal watercraft’ means a watercraft intended for sports and leisure purposes of less than 4 m in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull; |
| --- | --- |

(3)

‘personal watercraft’ means a watercraft intended for sports and leisure purposes of less than 4 m in hull length which uses a propulsion engine having a water jet pump as its primary source of propulsion and designed to be operated by a person or persons sitting, standing or kneeling on, rather than within the confines of, a hull;

| (4) | ‘watercraft built for own use’ means a watercraft predominantly built by its future user for his own use; |
| --- | --- |

(4)

‘watercraft built for own use’ means a watercraft predominantly built by its future user for his own use;

| (5) | ‘propulsion engine’ means any spark or compression ignition, internal combustion engine used directly or indirectly for propulsion purposes; |
| --- | --- |

(5)

‘propulsion engine’ means any spark or compression ignition, internal combustion engine used directly or indirectly for propulsion purposes;

| (6) | ‘major engine modification’ means the modification of a propulsion engine which could potentially cause the engine to exceed the emission limits set out in Part B of Annex I or increases the rated power of the engine by more than 15 %; |
| --- | --- |

(6)

‘major engine modification’ means the modification of a propulsion engine which could potentially cause the engine to exceed the emission limits set out in Part B of Annex I or increases the rated power of the engine by more than 15 %;

| (7) | ‘major craft conversion’ means a conversion of a watercraft which changes the means of propulsion of the watercraft, involves a major engine modification, or alters the watercraft to such an extent that it may not meet the applicable essential safety and environmental requirements laid down in this Directive; |
| --- | --- |

(7)

‘major craft conversion’ means a conversion of a watercraft which changes the means of propulsion of the watercraft, involves a major engine modification, or alters the watercraft to such an extent that it may not meet the applicable essential safety and environmental requirements laid down in this Directive;

| (8) | ‘means of propulsion’ means the method by which the watercraft is propelled; |
| --- | --- |

(8)

‘means of propulsion’ means the method by which the watercraft is propelled;

| (9) | ‘engine family’ means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics; |
| --- | --- |

(9)

‘engine family’ means the manufacturer’s grouping of engines which, through their design, have similar exhaust or noise emission characteristics;

| (10) | ‘hull length’ means the length of the hull measured in accordance with the harmonised standard; |
| --- | --- |

(10)

‘hull length’ means the length of the hull measured in accordance with the harmonised standard;

| (11) | ‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; |
| --- | --- |

(11)

‘making available on the market’ means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

| (12) | ‘placing on the market’ means the first making available of a product on the Union market; |
| --- | --- |

(12)

‘placing on the market’ means the first making available of a product on the Union market;

| (13) | ‘putting into service’ means the first use of a product covered by this Directive in the Union by its end-user; |
| --- | --- |

(13)

‘putting into service’ means the first use of a product covered by this Directive in the Union by its end-user;

| (14) | ‘manufacturer’ means any natural or legal person who manufactures a product or has such a product designed or manufactured, and markets that product under his name or trademark; |
| --- | --- |

(14)

‘manufacturer’ means any natural or legal person who manufactures a product or has such a product designed or manufactured, and markets that product under his name or trademark;

| (15) | ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from the manufacturer to act on his behalf in relation to specified tasks; |
| --- | --- |

(15)

‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from the manufacturer to act on his behalf in relation to specified tasks;

| (16) | ‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market; |
| --- | --- |

(16)

‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market;

| (17) | ‘private importer’ means any natural or legal person established within the Union who imports in the course of a non-commercial activity a product from a third country into the Union with the intention of putting it into service for his own use; |
| --- | --- |

(17)

‘private importer’ means any natural or legal person established within the Union who imports in the course of a non-commercial activity a product from a third country into the Union with the intention of putting it into service for his own use;

| (18) | ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market; |
| --- | --- |

(18)

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

| (19) | ‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor; |
| --- | --- |

(19)

‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;

| (20) | ‘harmonised standard’ means harmonised standard as defined in point (c) of Article 2(1) of Regulation (EU) No 1025/2012; |
| --- | --- |

(20)

‘harmonised standard’ means harmonised standard as defined in point (c) of Article 2(1) of Regulation (EU) No 1025/2012;

| (21) | ‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008; |
| --- | --- |

(21)

‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;

| (22) | ‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008; |
| --- | --- |

(22)

‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;

| (23) | ‘conformity assessment’ means the process demonstrating whether the requirements of this Directive relating to a product have been fulfilled; |
| --- | --- |

(23)

‘conformity assessment’ means the process demonstrating whether the requirements of this Directive relating to a product have been fulfilled;

| (24) | ‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection; |
| --- | --- |

(24)

‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

| (25) | ‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the end-user; |
| --- | --- |

(25)

‘recall’ means any measure aimed at achieving the return of a product that has already been made available to the end-user;

| (26) | ‘withdrawal’ means any measure aimed at preventing a product in the supply chain from being made available on the market; |
| --- | --- |

(26)

‘withdrawal’ means any measure aimed at preventing a product in the supply chain from being made available on the market;

| (27) | ‘market surveillance’ means the activities carried out and measures taken by public authorities to ensure that products comply with the applicable requirements set out in Union harmonisation legislation and do not endanger health, safety or any other aspect of public interest protection; |
| --- | --- |

(27)

‘market surveillance’ means the activities carried out and measures taken by public authorities to ensure that products comply with the applicable requirements set out in Union harmonisation legislation and do not endanger health, safety or any other aspect of public interest protection;

| (28) | ‘CE marking’ means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing; |
| --- | --- |

(28)

‘CE marking’ means a marking by which the manufacturer indicates that the product is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;

| (29) | ‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products. |
| --- | --- |

(29)

‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products.

Article 4

Essential requirements

1.   The products referred to in Article 2(1) may be made available or put into service only if they do not endanger the health and safety of persons, property or the environment when correctly maintained and used in accordance with their intended purpose, and only on the condition that they meet the applicable essential requirements set out in Annex I.

2.   Member States shall ensure that the products referred to in Article 2(1) are not made available on the market or put into service unless they comply with the requirements of paragraph 1.

Article 5

National provisions concerning navigation

This Directive shall not prevent Member States from adopting provisions concerning navigation on certain waters for the purpose of protection of the environment, the fabric of waterways, and ensuring safety of waterways, provided that those provisions do not require modification to watercraft conforming to this Directive and that those provisions are justified and proportionate.

Article 6

Free movement

1.   Member States shall not impede the making available on the market or, without prejudice to Article 5, the putting into service in their territory of watercraft complying with this Directive.

2.   Member States shall not impede the making available on the market of partly-completed watercraft where the manufacturer or the importer declares, in accordance with Annex III, that they are intended to be completed by others.

3.   Member States shall not impede the making available on the market or putting into service of components complying with this Directive which are intended to be incorporated into watercraft, in accordance with the declaration of the manufacturer or the importer, as referred to in Article 15.

4.   Member States shall not impede the making available on the market or putting into service of any of the following propulsion engines:

| (a) | engines, whether or not installed in watercraft, complying with this Directive; |
| --- | --- |

(a)

engines, whether or not installed in watercraft, complying with this Directive;

| (b) | engines installed in watercraft and type-approved in accordance with Directive 97/68/EC which are in compliance with stage III A, stage III B or stage IV emission limits for CI engines used in other applications than propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2. of Annex I to that Directive, complying with this Directive, with the exclusion of the exhaust emission requirements set out in Part B of Annex I; |
| --- | --- |

(b)

engines installed in watercraft and type-approved in accordance with Directive 97/68/EC which are in compliance with stage III A, stage III B or stage IV emission limits for CI engines used in other applications than propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2. of Annex I to that Directive, complying with this Directive, with the exclusion of the exhaust emission requirements set out in Part B of Annex I;

| (c) | engines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009, complying with this Directive, with the exclusion of the exhaust emission requirements set out in Part B of Annex I. |
| --- | --- |

(c)

engines installed in watercraft and type-approved in accordance with Regulation (EC) No 595/2009, complying with this Directive, with the exclusion of the exhaust emission requirements set out in Part B of Annex I.

Points (b) and (c) of the first subparagraph shall apply subject to the condition that where an engine is adapted for installation in a watercraft, the person undertaking the adaptation shall ensure that full account is taken of the data and other information available from the engine manufacturer in order to ensure that, when installed in accordance with the installation instructions provided by the person adapting the engine, that engine will continue to meet the exhaust emission requirements of either Directive 97/68/EC or of Regulation (EC) No 595/2009, as declared by the engine manufacturer. The person adapting the engine shall declare, as referred to in Article 15, that the engine will continue to meet the exhaust emission requirements of either Directive 97/68/EC or of Regulation (EC) No 595/2009, as declared by the engine manufacturer, when installed in accordance with the installation instructions supplied by the person adapting the engine.

5.   At trade fairs, exhibitions, demonstrations and other similar events Member States shall not impede the showing of products referred to in Article 2(1) which do not comply with this Directive, provided that a visible sign clearly indicates that such products do not comply with this Directive and will not be made available or put into service in the Union until they have been made to comply.

CHAPTER II

OBLIGATIONS OF ECONOMIC OPERATORS AND PRIVATE IMPORTERS

Article 7

Obligations of manufacturers

1.   When placing their products on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the requirements set out in Article 4(1) and Annex I.

2.   Manufacturers shall draw up the technical documentation in accordance with Article 25 and carry out the conformity assessment procedure applicable or have it carried out in accordance with Articles 19 to 22 and Article 24.

Where compliance of a product with the applicable requirements has been demonstrated by that procedure, manufacturers shall draw up a declaration, as referred to in Article 15 and mark and affix the CE marking, as set out in Articles 17 and 18.

3.   Manufacturers shall keep the technical documentation and a copy of the declaration, as referred to in Article 15, for 10 years after the product has been placed on the market.

4.   Manufacturers shall ensure that procedures are in place for series production to remain in conformity. Changes in product design or characteristics and changes in the harmonised standards by reference to which conformity of a product is declared shall be adequately taken into account.

When deemed appropriate with regard to the risks presented by a product, manufacturers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and product recalls, and shall keep distributors informed of any such monitoring.

5.   Manufacturers shall ensure that their products bear a type, batch or serial number or other element allowing their identification, or, where the size or nature of the components does not allow it, that the required information is provided on the packaging or in a document accompanying the product.

6.   Manufacturers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible, on its packaging or in a document accompanying the product. The address shall indicate a single point at which the manufacturer can be contacted.

7.   Manufacturers shall ensure that the product is accompanied by instructions and safety information in the owner’s manual in a language or languages which can be easily understood by consumers and other end users, as determined by the Member State concerned.

8.   Manufacturers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the necessary corrective measures to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

9.   Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the product, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.

Article 8

Authorised representatives

1.   A manufacturer may, by a written mandate, appoint an authorised representative.

2.   The obligations laid down in Article 7(1) and the drawing up of technical documentation shall not form part of the authorised representative’s mandate.

3.   An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:

| (a) | keep a copy of the declaration, as referred to in Article 15, and the technical documentation at the disposal of national surveillance authorities for 10 years after the product has been placed on the market; |
| --- | --- |

(a)

keep a copy of the declaration, as referred to in Article 15, and the technical documentation at the disposal of national surveillance authorities for 10 years after the product has been placed on the market;

| (b) | further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product; |
| --- | --- |

(b)

further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a product;

| (c) | cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by products covered by their mandate. |
| --- | --- |

(c)

cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by products covered by their mandate.

Article 9

Obligations of importers

1.   Importers shall place only compliant products on the Union market.

2.   Before placing a product on the market, importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer. They shall also ensure that the manufacturer has drawn up the technical documentation, that the product bears the CE marking, as referred to in Article 17, and is accompanied by the documents required in accordance in Article 15 and point 2.5 of Part A of Annex I, point 4 of Part B of Annex I and point 2 of Part C of Annex I and that the manufacturer has complied with the requirements set out in Article 7(5) and (6).

Where an importer considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4(1) and Annex I, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.

3.   Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, in the case of components where that is not possible, on the packaging or in a document accompanying the product.

4.   Importers shall ensure that the product is accompanied by instructions and safety information in the owner’s manual in a language or languages which can be easily understood by consumers and other end-users, as determined by the Member State concerned.

5.   Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in Article 4(1) and Annex I.

6.   When deemed appropriate with regard to the risks presented by a product, importers shall, to protect the health and safety of consumers, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and product recalls, and shall keep distributors informed of such monitoring.

7.   Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, importers shall immediately inform the competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

8.   Importers shall, for a period of 10 years after the product has been placed on the market, keep a copy of the declaration, as referred to in Article 15, at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.

9.   Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of a product in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.

Article 10

Obligations of distributors

1.   When making a product available on the market distributors shall act with due care in relation to the requirements of this Directive.

2.   Before making a product available on the market distributors shall verify that the product bears the CE marking, as referred to in Article 17, that it is accompanied by the documents required in Article 7(7), Article 15 and point 2.5 of Part A of Annex I, point 4 of Part B of Annex I and point 2 of Part C of Annex I and by instructions and safety information in a language or languages which can be easily understood by consumers and other end-users in the Member State in which the product is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 7(5) and (6) and Article 9(3).

Where a distributor considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4(1) and Annex I, he shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer, as well as the market surveillance authorities, to that effect.

3.   Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in Article 4(1) and Annex I.

4.   Distributors who consider or have reason to believe that a product which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the product available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

5.   Distributors shall, further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have made available on the market.

Article 11

Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Directive and he shall be subject to the obligations of the manufacturer under Article 7, where he places a product on the market under his name or trademark or modifies a product already placed on the market in such a way that compliance with the requirements of this Directive may be affected.

Article 12

Obligations of private importers

1.   If the manufacturer does not fulfil the responsibilities for the conformity of the product with this Directive, a private importer, before putting the product into service, shall ensure that it has been designed and manufactured in accordance with the requirements set out in Article 4(1) and Annex I and carry out or have carried out the obligations of the manufacturer set out in Article 7(2),(3),(7) and (9).

2.   If the required technical documentation is not available from the manufacturer, the private importer shall have it drawn up using appropriate expertise.

3.   The private importer shall ensure that the name and address of the notified body which has carried out the conformity assessment of the product is marked on the product.

Article 13

Identification of economic operators

1.   Economic operators shall, on request, identify the following to the market surveillance authorities:

| (a) | any economic operator who has supplied them with a product; |
| --- | --- |

(a)

any economic operator who has supplied them with a product;

| (b) | any economic operator to whom they have supplied a product. |
| --- | --- |

(b)

any economic operator to whom they have supplied a product.

Economic operators shall be able to present the information referred to in the first subparagraph for a period of 10 years after they have been supplied with the product and for a period of 10 years after they have supplied the product.

2.   Private importers shall, on request, identify to the market surveillance authorities the economic operator who has supplied them with the product.

Private importers shall be able to present the information referred to in the first subparagraph for a period of 10 years after they have been supplied with the product.

CHAPTER III

CONFORMITY OF THE PRODUCT

Article 14

Presumption of conformity

Products which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the requirements covered by those standards or parts thereof, set out in Article 4(1) and Annex I.

Official Journal of the European Union

Article 15

EU declaration of conformity and declaratio in accordance with Annex III

1.   The EU declaration of conformity shall state that the fulfilment of requirements specified in Article 4(1) and Annex I or those referred to in points (b) or (c) of Article 6(4) has been demonstrated.

2.   The EU declaration of conformity shall have the model structure set out in Annex IV to this Directive, shall contain the elements specified in the relevant modules set out in Annex II to Decision No 768/2008/EC as well as in Annex V to this Directive, and shall be continuously updated. It shall be translated into the language or languages required by the Member State on whose market the product is made available or put into service.

3.   By drawing up the EU declaration of conformity, the manufacturer, private importer or the person adapting the engine referred to in points (b) and (c) of Article 6(4) shall assume responsibility for the compliance of the product.

4.   The EU declaration of conformity referred to in paragraph 3 shall accompany the following products when they are made available on the market or put into service:

| (a) | watercraft; |
| --- | --- |

(a)

watercraft;

| (b) | components when placed on the market separately; |
| --- | --- |

(b)

components when placed on the market separately;

| (c) | propulsion engines. |
| --- | --- |

(c)

propulsion engines.

5.   The declaration by the manufacturer or the importer set out in Annex III for partly completed watercraft shall contain the elements specified in that Annex and shall accompany partly completed watercraft. It shall be translated into the language or languages required by the Member State on whose market the product is made available.

Article 16

General principles of the CE marking

The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Article 17

Products subject to CE marking

1.   The following products are subject to CE marking when they are made available on the market or put into service:

| (a) | watercraft; |
| --- | --- |

(a)

watercraft;

| (b) | components; |
| --- | --- |

(b)

components;

| (c) | propulsion engines. |
| --- | --- |

(c)

propulsion engines.

2.   Member States shall presume that the products referred to in paragraph 1 bearing the CE marking comply with this Directive.

Article 18

Rules and conditions for affixing the CE marking

1.   The CE marking shall be affixed visibly, legibly and indelibly to the products referred to in Article 17(1). In case of components, where that is not possible or not warranted on account of the size or nature of that product, it shall be affixed to the packaging and to the accompanying documents. In the case of watercraft, the CE marking shall be affixed on the watercraft builder’s plate mounted separately from the watercraft identification number. In the case of a propulsion engine, the CE marking shall be affixed on the engine.

2.   The CE marking shall be affixed before the product is placed on the market or put into service. The CE marking, and the identification number referred to in paragraph 3, may be followed by a pictogram or any other mark indicating a special risk or use.

3.   The CE marking shall be followed by the identification number of the notified body, where that body is involved in the production control phase or in the post-construction assessment.

The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or his authorised representative, or by the person referred to in Article 19(2), (3) or (4).

CHAPTER IV

CONFORMITY ASSESSMENT

Article 19

Applicable conformity assessment procedures

1.   The manufacturer shall apply the procedures set out in the modules referred to in Articles 20, 21 and 22 before placing on the market products referred to in Article 2(1).

2.   The private importer shall apply the procedure referred to in Article 23 before putting into service a product referred to in Article 2(1) if the manufacturer has not carried out the conformity assessment for the product concerned.

3.   Any person placing on the market or putting into service a propulsion engine or a watercraft after a major modification or conversion thereof, or any person changing the intended purpose of a watercraft not covered by this Directive in a way that it falls under its scope, shall apply the procedure referred to in Article 23 before placing the product on the market or putting it into service.

4.   Any person placing on the market a watercraft built for own use before the end of the five-year period referred to in point (vii) of point (a) of Article 2(2) shall apply the procedure referred to in Article 23 before placing the product on the market.

Article 20

Design and construction

1.   With regard to design and construction of recreational craft the following procedures set out in Annex II to Decision No 768/2008/EC shall apply:

| (a) | For design categories A and B referred to in point 1 of Part A of Annex I:






  (i) | For recreational craft of hull length from 2,5 m to less than 12 m, any of the following modules:






  — | Module A1 (internal production control plus supervised product testing); |
| --- | --- | --- | --- |

(a)

For design categories A and B referred to in point 1 of Part A of Annex I:

(i)

For recreational craft of hull length from 2,5 m to less than 12 m, any of the following modules:

—

Module A1 (internal production control plus supervised product testing);

| — | Module B (EU type-examination) together with Module C, D, E or F; |
| --- | --- |

—

Module B (EU type-examination) together with Module C, D, E or F;

| — | Module G (conformity based on unit verification); |
| --- | --- |

—

Module G (conformity based on unit verification);

| — | Module H (conformity based on full quality assurance). |
| --- | --- |

—

Module H (conformity based on full quality assurance).

| (ii) | For recreational craft of hull length from 12 m to 24 m, any of the following modules:






  — | Module B (EU type-examination) together with Module C, D, E or F; |
| --- | --- | --- |

(ii)

For recreational craft of hull length from 12 m to 24 m, any of the following modules:

—

Module B (EU type-examination) together with Module C, D, E or F;

| — | Module G (conformity based on unit verification); |
| --- | --- |

—

Module G (conformity based on unit verification);

| — | Module H (conformity based on full quality assurance). |
| --- | --- |

—

Module H (conformity based on full quality assurance).

| (b) | For design category C referred to in point 1 of Part A of Annex I:






  (i) | For recreational craft of hull length from 2,5 m to less than 12 m, any of the following modules:






  — | where the harmonised standards relating to points 3.2 and 3.3 of Part A of Annex I are complied with: Module A (internal production control), Module A1 (internal production control plus supervised product testing), Module B (EU type-examination) together with Module C, D, E or F, Module G (conformity based on unit verification) or Module H (conformity based on full quality assurance); |
| --- | --- | --- | --- |

(b)

For design category C referred to in point 1 of Part A of Annex I:

(i)

For recreational craft of hull length from 2,5 m to less than 12 m, any of the following modules:

—

where the harmonised standards relating to points 3.2 and 3.3 of Part A of Annex I are complied with: Module A (internal production control), Module A1 (internal production control plus supervised product testing), Module B (EU type-examination) together with Module C, D, E or F, Module G (conformity based on unit verification) or Module H (conformity based on full quality assurance);

| — | where the harmonised standards relating to points 3.2 and 3.3 of Part A of Annex I are not complied with: Module A1 (internal production control plus supervised product testing), Module B (EU type-examination) together with Module C, D, E or F, Module G (conformity based on unit verification) or Module H (conformity based on full quality assurance); |
| --- | --- |

—

where the harmonised standards relating to points 3.2 and 3.3 of Part A of Annex I are not complied with: Module A1 (internal production control plus supervised product testing), Module B (EU type-examination) together with Module C, D, E or F, Module G (conformity based on unit verification) or Module H (conformity based on full quality assurance);

| (ii) | For recreational craft of hull length from 12 m to 24 m, any of the following modules:






  — | Module B (EU type-examination) together with Module C, D, E or F; |
| --- | --- | --- |

(ii)

For recreational craft of hull length from 12 m to 24 m, any of the following modules:

—

Module B (EU type-examination) together with Module C, D, E or F;

| — | Module G (conformity based on unit verification); |
| --- | --- |

—

Module G (conformity based on unit verification);

| — | Module H (conformity based on full quality assurance). |
| --- | --- |

—

Module H (conformity based on full quality assurance).

| (c) | For design category D referred to in point 1 of Part A of Annex I:
  for recreational craft of hull length from 2,5 m to 24 m, any of the following modules:






  — | Module A (internal production control); |
| --- | --- | --- |

(c)

For design category D referred to in point 1 of Part A of Annex I:

for recreational craft of hull length from 2,5 m to 24 m, any of the following modules:

—

Module A (internal production control);

| — | Module A1 (internal production control plus supervised product testing); |
| --- | --- |

—

Module A1 (internal production control plus supervised product testing);

| — | Module B (EU type-examination) together with Module C, D, E or F; |
| --- | --- |

—

Module B (EU type-examination) together with Module C, D, E or F;

| — | Module G (conformity based on unit verification); |
| --- | --- |

—

Module G (conformity based on unit verification);

| — | Module H (conformity based on full quality assurance). |
| --- | --- |

—

Module H (conformity based on full quality assurance).

2.   With regard to design and construction of personal watercraft any of the following procedures set out in Annex II to Decision No 768/2008/EC shall apply:

| (a) | Module A (internal production control); |
| --- | --- |

(a)

Module A (internal production control);

| (b) | Module A1 (internal production control plus supervised product testing); |
| --- | --- |

(b)

Module A1 (internal production control plus supervised product testing);

| (c) | Module B (EU type-examination) together with Module C, D, E or F; |
| --- | --- |

(c)

Module B (EU type-examination) together with Module C, D, E or F;

| (d) | Module G (conformity based on unit verification); |
| --- | --- |

(d)

Module G (conformity based on unit verification);

| (e) | Module H (conformity based on full quality assurance). |
| --- | --- |

(e)

Module H (conformity based on full quality assurance).

3.   With regard to design and construction of components any of the following procedures set out in Annex II to Decision No 768/2008/EC shall apply:

| (a) | Module B (EU type-examination) together with Module C, D, E or F; |
| --- | --- |

(a)

Module B (EU type-examination) together with Module C, D, E or F;

| (b) | Module G (conformity based on unit verification); |
| --- | --- |

(b)

Module G (conformity based on unit verification);

| (c) | Module H (conformity based on full quality assurance). |
| --- | --- |

(c)

Module H (conformity based on full quality assurance).

Article 21

Exhaust emissions

With regard to exhaust emissions, for products referred to in points (d) and (e) of Article 2(1), the engine manufacturer shall apply the following procedures set out in Annex II to Decision No 768/2008/EC:

| (a) | where tests are conducted using the harmonised standard, any of the following modules:






  (i) | Module B (the EU type-examination) together with Module C, D, E or F; |
| --- | --- | --- |

(a)

where tests are conducted using the harmonised standard, any of the following modules:

(i)

Module B (the EU type-examination) together with Module C, D, E or F;

| (ii) | Module G (conformity based on unit verification); |
| --- | --- |

(ii)

Module G (conformity based on unit verification);

| (iii) | Module H (conformity based on full quality assurance); |
| --- | --- |

(iii)

Module H (conformity based on full quality assurance);

| (b) | where tests are conducted without using the harmonised standard, any of the following modules:






  (i) | Module B (the EU type-examination) together with Module C 1; |
| --- | --- | --- |

(b)

where tests are conducted without using the harmonised standard, any of the following modules:

(i)

Module B (the EU type-examination) together with Module C 1;

| (ii) | Module G (conformity based on unit verification). |
| --- | --- |

(ii)

Module G (conformity based on unit verification).

Article 22

Noise emissions

1.   With regard to noise emissions for recreational craft with stern drive propulsion engines without integral exhausts or inboard propulsion engine installations and for recreational craft with stern drive propulsion engines without integral exhausts or with inboard propulsion engine installations which are subject to major craft conversion and subsequently placed on the market within five years following conversion, the manufacturer shall apply the following procedures set out in Annex II to Decision No 768/2008/EC:

| (a) | where tests are conducted using the harmonised standard for noise measurement, any of the following modules:






  (i) | Module A1 (internal production control plus supervised product testing); |
| --- | --- | --- |

(a)

where tests are conducted using the harmonised standard for noise measurement, any of the following modules:

(i)

Module A1 (internal production control plus supervised product testing);

| (ii) | Module G (conformity based on unit verification); |
| --- | --- |

(ii)

Module G (conformity based on unit verification);

| (iii) | Module H (conformity based on full quality assurance). |
| --- | --- |

(iii)

Module H (conformity based on full quality assurance).

| (b) | Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification). |
| --- | --- |

(b)

Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification).

| (c) | Where the Froude number and power displacement ratio method is used for assessment, any of the following modules:






  (i) | Module A (internal production control); |
| --- | --- | --- |

(c)

Where the Froude number and power displacement ratio method is used for assessment, any of the following modules:

(i)

Module A (internal production control);

| (ii) | Module G (conformity based on unit verification); |
| --- | --- |

(ii)

Module G (conformity based on unit verification);

| (iii) | Module H (conformity based on full quality assurance). |
| --- | --- |

(iii)

Module H (conformity based on full quality assurance).

2.   With regard to noise emissions for personal watercraft and outboard propulsion engines and stern drive propulsion engines with integral exhausts intended for installation on recreational craft, the personal watercraft or engine manufacturer shall apply the following procedures set out in Annex II to Decision No 768/2008/EC:

| (a) | Where tests are conducted using the harmonised standard for noise measurement, any of the following modules:






  (i) | Module A1 (internal production control plus supervised product testing); |
| --- | --- | --- |

(a)

Where tests are conducted using the harmonised standard for noise measurement, any of the following modules:

(i)

Module A1 (internal production control plus supervised product testing);

| (ii) | Module G (conformity based on unit verification); |
| --- | --- |

(ii)

Module G (conformity based on unit verification);

| (iii) | Module H (conformity based on full quality assurance). |
| --- | --- |

(iii)

Module H (conformity based on full quality assurance).

| (b) | Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification). |
| --- | --- |

(b)

Where tests are conducted without using the harmonised standard for noise measurement, Module G (conformity based on unit verification).

Article 23

Post-construction assessment

The post-construction assessment referred to in Article 19(2), (3) and (4) shall be carried out as set out in Annex V.

Article 24

Supplementary requirements

1.   When Module B of Annex II to Decision No 768/2008/EC is used, the EU type examination shall be carried out in the manner specified in the second indent of point 2 of that module.

A production type referred to in Module B may cover several versions of the product provided that:

| (a) | the differences between the versions do not affect the level of safety and the other requirements concerning the performance of the product; and |
| --- | --- |

(a)

the differences between the versions do not affect the level of safety and the other requirements concerning the performance of the product; and

| (b) | versions of the product are referred to in the corresponding EU-type examination certificate, if necessary through amendments to the original certificate. |
| --- | --- |

(b)

versions of the product are referred to in the corresponding EU-type examination certificate, if necessary through amendments to the original certificate.

2.   When Module A1 of Annex II to Decision No 768/2008/EC is used, the product checks shall be carried out on one or several watercraft representing the production of the manufacturer and the supplementary requirements set out in Annex VI to this Directive shall apply.

3.   The possibility of using accredited in-house bodies referred to in Modules A1 and C1 of Annex II to Decision No 768/2008/EC shall not be applicable.

4.   When Module F of Annex II to Decision No 768/2008/EC is used, the procedure described in Annex VII to this Directive shall apply for the assessment of conformity with the exhaust emission requirements.

5.   When Module C of Annex II to Decision No 768/2008/EC is used, with regard to the assessment of conformity with the exhaust emission requirements of this Directive and if the manufacturer is not working under a relevant quality system as described in Module H of Annex II to Decision No 768/2008/EC, a notified body chosen by the manufacturer shall carry out product checks or have them carried out at random intervals determined by that body, in order to verify the quality of the internal checks on the product. When the quality level appears unsatisfactory or when it seems necessary to verify the validity of the data presented by the manufacturer, the procedure set out in Annex VIII to this Directive shall apply.

Article 25

Technical documentation

1.   The technical documentation referred to in Article 7(2) shall contain all relevant data and details of the means used by the manufacturer to ensure that the product complies with the requirements set out in Article 4(1) and Annex I. It shall, in particular, contain the relevant documents listed in Annex IX.

2.   The technical documentation shall ensure that the design, construction, operation and assessment of conformity may be clearly understood.

CHAPTER V

NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

Article 26

Notification

Member States shall notify the Commission and the other Member States of the bodies authorised to carry out third-party conformity assessment tasks under this Directive.

Article 27

Notifying authorities

1.   Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the necessary procedures for the assessment and notification of conformity assessment bodies for the purposes of this Directive, and for the monitoring of notified bodies, including compliance with the provisions of Article 32.

2.   Member States may decide that the assessment and monitoring referred to in paragraph 1 shall be carried out by a national accreditation body within the meaning of and in accordance with Regulation (EC) No 765/2008.

3.   Where the notifying authority delegates or otherwise entrusts the assessment, notification or monitoring referred to in paragraph 1 to a body which is not a governmental entity, that body shall be a legal entity and shall comply mutatis mutandis with the requirements laid down in Article 28. In addition, that body shall have arrangements to cover liabilities arising out of its activities.

4.   The notifying authority shall take full responsibility for the tasks performed by the body referred to in paragraph 3.

Article 28

Requirements relating to notifying authorities

1.   A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies occurs.

2.   A notifying authority shall be organised and operated so as to safeguard the objectivity and impartiality of its activities.

3.   A notifying authority shall be organised in such a way that each decision relating to notification of a conformity assessment body is taken by competent persons different from those who carried out the assessment.

4.   A notifying authority shall not offer or provide any activities that conformity assessment bodies perform or consultancy services on a commercial or competitive basis.

5.   A notifying authority shall safeguard the confidentiality of the information it obtains.

6.   A notifying authority shall have a sufficient number of competent personnel at its disposal for the proper performance of its tasks.

Article 29

Information obligation on notifying authorities

Member States shall inform the Commission of their procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, and of any changes thereto.

The Commission shall make that information publicly available.

Article 30

Requirements relating to notified bodies

1.   For the purposes of notification under this Directive, a conformity assessment body shall meet the requirements laid down in paragraphs 2 to 11.

2.   A conformity assessment body shall be established under national law and shall have legal personality.

3.   A conformity assessment body shall be a third-party body independent of the organisation or the product it assesses.

A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of products which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.

4.   A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the products which they assess, nor the representative of any of those parties. This shall not preclude the use of assessed products that are necessary for the operations of the conformity assessment body or the use of such products for personal purposes.

A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design or manufacture, the marketing, installation, use or maintenance of those products, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services.

Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

5.   Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.

6.   A conformity assessment body shall be capable of carrying out the conformity assessment tasks assigned to it by the provisions of Articles 19 to 24 and in relation to which it has have been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

At all times and for each conformity assessment procedure and each kind or category of products in relation to which it has been notified, a conformity assessment body shall have at its disposal the necessary:

| (a) | personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks; |
| --- | --- |

(a)

personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;

| (b) | descriptions of procedures in accordance with which conformity assessment is carried out ensuring the transparency and ability of reproduction of those procedures.
  It shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities; |
| --- | --- |

(b)

descriptions of procedures in accordance with which conformity assessment is carried out ensuring the transparency and ability of reproduction of those procedures.

It shall have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;

| (c) | procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the technology of the product in question and the mass or serial nature of the production process. |
| --- | --- |

(c)

procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the technology of the product in question and the mass or serial nature of the production process.

It shall have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities.

7.   The personnel responsible for carrying out the conformity assessment activities shall have the following:

| (a) | sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified; |
| --- | --- |

(a)

sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;

| (b) | satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments; |
| --- | --- |

(b)

satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;

| (c) | appropriate knowledge and understanding of the essential requirements, the applicable harmonised standards, the relevant Union harmonisation legislation and the relevant national legislation; |
| --- | --- |

(c)

appropriate knowledge and understanding of the essential requirements, the applicable harmonised standards, the relevant Union harmonisation legislation and the relevant national legislation;

| (d) | the ability to draw up certificates, records and reports demonstrating that assessments have been carried out. |
| --- | --- |

(d)

the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

8.   The impartiality of the conformity assessment bodies, their top level management and of the assessment personnel shall be guaranteed.

The remuneration of the top level management and assessment personnel of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.

9.   Conformity assessment bodies shall take out liability insurance unless liability is assumed by the Member State in accordance with its national law, or the Member State itself is directly responsible for the conformity assessment.

10.   The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Articles 19 to 24 or any provision of national law giving effect to it, except in relation to the competent authorities of the Member State in which its activities are carried out. Proprietary rights shall be protected.

11.   Conformity assessment bodies shall participate in, or ensure that their assessment personnel are informed of, the relevant standardisation activities and the activities of the notified body coordination group established under Article 42, and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

Article 31

Presumption of conformity

Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union it shall be presumed to comply with the requirements set out in Article 30 in so far as the applicable harmonised standards cover those requirements.

Official Journal of the European Union

Article 32

Subsidiaries of and subcontracting by notified bodies

1.   Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 30 and shall inform the notifying authority accordingly.

2.   Notified bodies shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these are established.

3.   Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.

4.   Notified bodies shall keep at the disposal of the notifying authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work carried out by them under Articles 19 to 24.

Article 33

Application for notification

1.   A conformity assessment body shall submit an application for notification to the notifying authority of the Member State in which it is established.

2.   The application referred to in paragraph 1 shall be accompanied by a description of the conformity assessment activities, the conformity assessment module or modules and the product or products for which that body claims to be competent, as well as by an accreditation certificate, where one exists, issued by a national accreditation body attesting that the conformity assessment body fulfils the requirements laid down in Article 30.

3.   Where the conformity assessment body concerned cannot provide an accreditation certificate, it shall provide the notifying authority with all the documentary evidence necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 30.

Article 34

Notification procedure

1.   Notifying authorities may notify only conformity assessment bodies which have satisfied the requirements laid down in Article 30.

2.   Notifying authorities shall notify the Commission and the other Member States using the electronic notification tool developed and managed by the Commission.

3.   The notification shall include full details of the conformity assessment activities, the conformity assessment module or modules, product or products concerned and the relevant attestation of competence.

4.   Where a notification is not based on an accreditation certificate as referred to in Article 33(2), the notifying authority shall provide the Commission and the other Member States with documentary evidence which attests to the conformity assessment body’s competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 30.

5.   The body concerned may perform the activities of a notified body only where no objections are raised by the Commission or the other Member States within two weeks of a notification where an accreditation certificate is used or within two months of a notification where accreditation is not used.

Only such a body shall be considered a notified body for the purposes of this Directive.

6.   The Commission and the other Member States shall be notified of any subsequent relevant changes to the notification.

Article 35

Identification numbers and lists of notified bodies

1.   The Commission shall assign an identification number to each notified body.

It shall assign a single such number even where the body is notified under several Union acts.

Member States shall in addition assign an identification code to a notified body that has been authorised by a notifying authority to undertake the post-construction conformity assessments.

2.   The Commission shall make publicly available the list of the bodies notified under this Directive, including the identification numbers and, if applicable, codes that have been allocated to them and the activities for which they have been notified.

The Commission shall ensure that that list is kept up to date.

Article 36

Changes to notifications

1.   Where a notifying authority has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 30, or that it is failing to fulfil its obligations, the notifying authority shall restrict, suspend or withdraw notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations. It shall immediately inform the Commission and the other Member States accordingly.

2.   In the event of restriction, suspension or withdrawal of notification, or where the notified body has ceased its activity, the notifying Member State shall take appropriate steps to ensure that the files of that body are either processed by another notified body or kept available for the responsible notifying and market surveillance authorities at their request.

Article 37

Challenge of the competence of notified bodies

1.   The Commission shall investigate all cases where it doubts, or doubt is brought to its attention regarding, the competence of a notified body or the continued fulfillment by a notified body of the requirements and responsibilities to which it is subject.

2.   The notifying Member State shall provide the Commission, on request, with all information relating to the basis for the notification or the maintenance of the competence of the body concerned.

3.   The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated confidentially.

4.   Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its notification, it shall adopt an implementing act requesting the notifying Member State to take the necessary corrective measures, including withdrawal of notification if necessary.

That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 50(2).

Article 38

Operational obligations of notified bodies

1.   Notified bodies shall carry out conformity assessments in accordance with the conformity assessment procedures provided for in Articles 19 to 24.

2.   Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators and private importers. Conformity assessment bodies shall perform their activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

In so doing they shall nevertheless respect the degree of rigour and the level of protection required for the compliance of the product with this Directive.

3.   Where a notified body finds that requirements laid down in Article 4(1) and Annex I or in corresponding harmonised standards have not been met by a manufacturer or a private importer, it shall require that manufacturer or private importer to take appropriate corrective measures and shall not issue a conformity certificate.

4.   Where, in the course of the monitoring of conformity following the issue of a certificate, a notified body finds that a product is no longer in compliance, it shall require the manufacturer to take appropriate corrective measures and shall suspend or withdraw the certificate if necessary.

5.   Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw any certificates, as appropriate.

Article 39

Appeal procedure

Member States shall ensure that an appeal procedure against decisions of the notified bodies is available.

Article 40

Information obligation on notified bodies

1.   Notified bodies shall inform the notifying authority of the following:

| (a) | any refusal, restriction, suspension or withdrawal of a certificate; |
| --- | --- |

(a)

any refusal, restriction, suspension or withdrawal of a certificate;

| (b) | any circumstances affecting the scope of and conditions for notification; |
| --- | --- |

(b)

any circumstances affecting the scope of and conditions for notification;

| (c) | any request for information which they have received from market surveillance authorities regarding conformity assessment activities; |
| --- | --- |

(c)

any request for information which they have received from market surveillance authorities regarding conformity assessment activities;

| (d) | on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting. |
| --- | --- |

(d)

on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.

2.   Notified bodies shall provide the other bodies notified under this Directive carrying out similar conformity assessment activities covering the same products with relevant information on issues relating to negative and, on request, positive conformity assessment results.

Article 41

Exchange of experience

The Commission shall provide for the organisation of exchange of experience between the Member States’ national authorities responsible for notification policy.

Article 42

Coordination of notified bodies

The Commission shall ensure that appropriate coordination and cooperation between bodies notified under this Directive are put in place and properly operated in the form of a sectoral group or groups of notified bodies.

Member States shall ensure that the bodies notified by them participate in the work of that group or groups, directly or by means of designated representatives.

CHAPTER VI

UNION MARKET SURVEILLANCE, CONTROL OF PRODUCTS ENTERING THE UNION MARKET AND SAFEGUARD PROCEDURES

Article 43

Union market surveillance and control of products entering the Union market

Article 15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to products covered by this Directive.

Article 44

Procedure for dealing with products presenting a risk at national level

1.   Where the market surveillance authorities of one Member State have sufficient reason to believe that a product covered by this Directive presents a risk to the health or safety of persons, to property or to the environment, they shall carry out an evaluation in relation to the product concerned covering the relevant requirements laid down in this Directive. The relevant economic operators or the private importer shall cooperate as necessary with the market surveillance authorities.

In the case of an economic operator, where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, they shall without delay require the relevant economic operator to take the appropriate corrective action to bring the product into compliance with those requirements, to withdraw the product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe.

In the case of a private importer, where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the requirements laid down in this Directive, the private importer shall be informed without delay of the appropriate corrective action to be taken to bring the product into compliance with those requirements, to suspend the putting into service of the product or to suspend the use of the product, commensurate with the nature of the risk.

The market surveillance authorities shall inform the relevant notified body accordingly.

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second and third subparagraphs of this paragraph.

2.   Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the relevant economic operator to take.

3.   The economic operator shall ensure that the appropriate corrective action is taken in respect of all the products concerned that it has made available on the market throughout the Union.

The private importer shall ensure that the appropriate corrective action is taken in respect of the product that he has imported in the Union for his own use.

4.   Where the relevant economic operator does not take adequate corrective action within the period referred to in the second subparagraph of paragraph 1, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the product being made available on their national market, to withdraw the product from that market or to recall it.

Where the private importer does not take adequate corrective action, the market surveillance authorities shall take all appropriate provisional measures to prohibit the putting into service of the product, or prohibit or restrict the use of the product in their territory.

The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures.

5.   The information referred to in paragraph 4 shall include all available details, in particular the data necessary for the identification of the non-compliant product, the origin of the product, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator or the private importer. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either:

| (a) | failure of the product to meet requirements relating to the health or safety of persons, the protection of property or the environment laid down in this Directive; or |
| --- | --- |

(a)

failure of the product to meet requirements relating to the health or safety of persons, the protection of property or the environment laid down in this Directive; or

| (b) | shortcomings in the harmonised standards referred to in Article 14 conferring a presumption of conformity. |
| --- | --- |

(b)

shortcomings in the harmonised standards referred to in Article 14 conferring a presumption of conformity.

6.   Member States other than the Member State initiating the procedure under this Article shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the product concerned, and, in the event of disagreement with the notified national measure, of their objections.

7.   Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.

8.   Member States shall ensure that appropriate restrictive measures are taken in respect of the product concerned, such as withdrawal of the product from their market, without delay.

Article 45

Union safeguard procedure

1.   Where, on completion of the procedure set out in Article 44(3) and (4), objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators or the private importer and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measure is justified or not.

The Commission shall address its decision to all Member States and shall immediately communicate it to them and the relevant economic operator or operators or the private importer.

2.   If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant product is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.

3.   Where the national measure is considered to be justified and the non-compliance of the product is attributed to shortcomings in the harmonised standards referred to in point (b) of Article 44(5) of this Directive, the Commission shall apply the procedure of Article 11 of Regulation (EU) No 1025/2012.

Article 46

Formal non-compliance

1.   Without prejudice to Article 44, where a Member State makes one of the following findings, it shall require the relevant economic operator or the private importer to put an end to the non-compliance concerned:

| (a) | the CE marking, has been affixed in violation of Article 16, Article 17 or Article 18; |
| --- | --- |

(a)

the CE marking, has been affixed in violation of Article 16, Article 17 or Article 18;

| (b) | the CE marking, as referred to in Article 17, has not been affixed; |
| --- | --- |

(b)

the CE marking, as referred to in Article 17, has not been affixed;

| (c) | the EU declaration of conformity or the declaration referred to in Annex III has not been drawn up; |
| --- | --- |

(c)

the EU declaration of conformity or the declaration referred to in Annex III has not been drawn up;

| (d) | the EU declaration of conformity or the declaration referred to in Annex III has not been drawn up correctly; |
| --- | --- |

(d)

the EU declaration of conformity or the declaration referred to in Annex III has not been drawn up correctly;

| (e) | the technical documentation is either not available or not complete; |
| --- | --- |

(e)

the technical documentation is either not available or not complete;

| (f) | the information set out in Article 7(6) or Article 9(3) is absent, false or incomplete; |
| --- | --- |

(f)

the information set out in Article 7(6) or Article 9(3) is absent, false or incomplete;

| (g) | any other administrative requirement provided for in Article 7 or Article 9 is not fulfilled. |
| --- | --- |

(g)

any other administrative requirement provided for in Article 7 or Article 9 is not fulfilled.

2.   Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn from the market, or in the case of a product imported by a private importer for his own use, that its use is prohibited or restricted.

CHAPTER VII

DELEGATED ACTS AND IMPLEMENTING ACTS

Article 47

Delegated power

The Commission shall be empowered to adopt delegated acts in accordance with Article 48 to amend the following:

| (a) | in order to take into account the progress of technical knowledge and new scientific evidence:






  (i) | points 2.3, 2.4 and 2.5 as well as Section 3 of Part B and Section 3 of Part C of Annex I; |
| --- | --- | --- |

(a)

in order to take into account the progress of technical knowledge and new scientific evidence:

(i)

points 2.3, 2.4 and 2.5 as well as Section 3 of Part B and Section 3 of Part C of Annex I;

| (ii) | Annexes VII and IX; and |
| --- | --- |

(ii)

Annexes VII and IX; and

| (b) | Annex V in order to take into account the progress of technical knowledge, the adequacy of ensuring equivalent conformity and new scientific evidence. |
| --- | --- |

(b)

Annex V in order to take into account the progress of technical knowledge, the adequacy of ensuring equivalent conformity and new scientific evidence.

Article 48

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 47 shall be conferred on the Commission for a period of five years from 17 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 47 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 47 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Article 49

Implementing acts

1.   In order to take into account the progress of technical knowledge and to ensure that this Directive is applied in a uniform manner, the Commission may adopt implementing acts concerning the following:

| (a) | detailed procedures for the implementation of Article 24, taking into account the specific conformity assessement needs of the products covered by this Directive; |
| --- | --- |

(a)

detailed procedures for the implementation of Article 24, taking into account the specific conformity assessement needs of the products covered by this Directive;

| (b) | the detailed application of the watercraft design categories set out in point 1 of Part A of Annex I, including on the use of weather terminology and measurement scales used therein; |
| --- | --- |

(b)

the detailed application of the watercraft design categories set out in point 1 of Part A of Annex I, including on the use of weather terminology and measurement scales used therein;

| (c) | detailed procedures for the watercraft identification set out in point 2.1 of Part A of Annex I, including clarification of terminology, and assignment and administration of manufacturer’s codes granted to manufacturers established outside the Union; |
| --- | --- |

(c)

detailed procedures for the watercraft identification set out in point 2.1 of Part A of Annex I, including clarification of terminology, and assignment and administration of manufacturer’s codes granted to manufacturers established outside the Union;

| (d) | the information on the builder’s plate set out in point 2.2 of Part A of Annex I; |
| --- | --- |

(d)

the information on the builder’s plate set out in point 2.2 of Part A of Annex I;

| (e) | the application of the Regulations on navigation lights set out in point 5.7 of Part A of Annex I; |
| --- | --- |

(e)

the application of the Regulations on navigation lights set out in point 5.7 of Part A of Annex I;

| (f) | arrangements for discharge prevention, in particular as regards operation of holding tanks, set out in point 5.8 of Part A of Annex I; |
| --- | --- |

(f)

arrangements for discharge prevention, in particular as regards operation of holding tanks, set out in point 5.8 of Part A of Annex I;

| (g) | the installation and testing of gas appliances and permanently installed gas systems on watercraft; |
| --- | --- |

(g)

the installation and testing of gas appliances and permanently installed gas systems on watercraft;

| (h) | the format and content of owner’s manuals; |
| --- | --- |

(h)

the format and content of owner’s manuals;

| (i) | the format and content of the reporting questionaire to be completed by Member States as referred to in Article 51. |
| --- | --- |

(i)

the format and content of the reporting questionaire to be completed by Member States as referred to in Article 51.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 50(3).

2.   On duly justified imperative grounds of urgency when a product presents a serious risk to the health and safety of persons, property or to the environment, in respect of points (a), (b), (e), (f) and (g) of paragraph 1, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 50(4).

Article 50

Committee procedure

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

4.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

5.   The committee shall be consulted by the Commission on any matter for which consultation of sectoral experts is required by Regulation (EU) No 1025/2012 or by any other Union legislation.

6.   The Committee may furthermore examine any other matter concerning the application of this Directive raised either by its chair or by a representative of a Member State in accordance with its rules of procedure.

CHAPTER VIII

SPECIFIC ADMINISTRATIVE PROVISIONS

Article 51

Reporting

By 18 January 2021 and every five years thereafter, Member States shall complete a questionnaire issued by the Commission on the application of this Directive.

By 18 January 2022 and every five years thereafter, the Commission, with reference to the responses of Member States to the questionnaire referred to in the first paragraph, shall draw up and submit to the European Parliament and to the Council a report on the application of this Directive.

Article 52

Review

By 18 January 2022 the Commission shall submit a report to the European Parliament and to the Council on the following:

| (a) | the technical feasibility for further reducing the emissions of marine propulsion engines and introducing requirements for evaporative emmissions and fuel systems that apply to propulsion engines and systems taking into account the cost efficiency of technologies and the need to agree globally harmonised values for the sector, taking into account any major market initiatives; and |
| --- | --- |

(a)

the technical feasibility for further reducing the emissions of marine propulsion engines and introducing requirements for evaporative emmissions and fuel systems that apply to propulsion engines and systems taking into account the cost efficiency of technologies and the need to agree globally harmonised values for the sector, taking into account any major market initiatives; and

| (b) | the impact on consumer information and on manufacturers, in particular small and medium-sized enterprises, of the watercraft design categories listed in Annex I, which are based on resistance to wind force and significant wave height, taking into account developments in international standardisation. That report shall include an evaluation of whether the watercraft design categories require additional specifications or subdivisions, and shall suggest additional sub categories, as appropriate. |
| --- | --- |

(b)

the impact on consumer information and on manufacturers, in particular small and medium-sized enterprises, of the watercraft design categories listed in Annex I, which are based on resistance to wind force and significant wave height, taking into account developments in international standardisation. That report shall include an evaluation of whether the watercraft design categories require additional specifications or subdivisions, and shall suggest additional sub categories, as appropriate.

The reports referred to in points (a) and (b) of the first paragraph shall, where appropriate, be accompanied by legislative proposals.

Article 53

Penalties

Member States shall lay down rules on penalties which may include criminal sanctions for serious infringements, applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented.

The penalties provided for shall be effective, proportionate and dissuasive and may be increased if the relevant economic operator or the private importer has previously committed a similar infringement of this Directive.

CHAPTER IX

FINAL AND TRANSITIONAL PROVISIONS

Article 54

Transposition

1.   Member States shall adopt and publish, by 18 January 2016, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.

They shall apply those measures from 18 January 2016. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

Article 55

Transitional period

1.   Member States shall not impede the making available on the market or the putting into service of products covered by Directive 94/25/EC which are in conformity with that Directive and which were placed on the market or put into service before 18 January 2017.

2.   Member States shall not impede the making available on the market or the putting into service of outboard SI propulsion engines with power equal to or less than 15 kW which comply with the stage I exhaust emission limits laid down in point 2.1 of Part B of Annex I and which were manufactured by small and medium-sized enterprises as defined in Commission Recommendation 2003/361/EC (14) and placed on the market before 18 January 2020.

Article 56

Repeal

Directive 94/25/EC is repealed with effect from 18 January 2016. References to the repealed Directive shall be construed as references to this Directive.

Article 57

Entry into force

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

Official Journal of the European Union

Article 58

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 20 November 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

V. LEŠKEVIČIUS

---

(1)  
  OJ C 43, 15.2.2012, p. 30.

1

(2)  Position of the European Parliament of 9 October 2013 (not yet published in the Official Journal) and decision of the Council of 15 November 2013.

2

(3)  
  OJ L 164, 30.6.1994, p. 15.

3

(4)  
  OJ L 214, 26.8.2003, p. 18.

4

(5)  
  OJ C 136, 4.6.1985, p. 1.

5

(6)  
  OJ L 204, 21.7.1998, p. 37.

6

(7)  
  OJ L 218, 13.8.2008, p. 30.

7

(8)  
  OJ L 218, 13.8.2008, p. 82.

8

(9)  
  OJ L 316, 14.11.2012, p. 12.

9

(10)  
  OJ L 59, 27.2.1998, p. 1.

10

(11)  
  OJ L 188, 18.7.2009, p. 1.

11

(12)  
  OJ L 11, 15.1.2002, p. 4.

12

(13)  
  OJ L 55, 28.2.2011, p. 13.

13

(14)  
  OJ L 124, 20.5.2003, p. 36.

14

---

ANNEX I

ESSENTIAL REQUIREMENTS

A.   Essential requirements for the design and construction of products referred to in Article 2(1)

1.   WATERCRAFT DESIGN CATEGORIES

| Design category | Wind force
  (Beaufort scale) | Significant wave height
  (H 1⁄3, metres) |
| --- | --- | --- |
| A | exceeding 8 | exceeding 4 |
| B | up to, and including, 8 | up to, and including, 4 |
| C | up to, and including, 6 | up to, and including, 2 |
| D | up to, and including, 4 | up to, and including, 0,3 |

Design category

Wind force

(Beaufort scale)

Significant wave height

(H 1⁄3, metres)

A

exceeding 8

exceeding 4

B

up to, and including, 8

up to, and including, 4

C

up to, and including, 6

up to, and including, 2

D

up to, and including, 4

up to, and including, 0,3

Explanatory notes:

| A. | A recreational craft given design category A is considered to be designed for winds that may exceed wind force 8 (Beaufort scale) and significant wave height of 4 m and above but excluding abnormal conditions, such as storm, violent storm, hurricane, tornado and extreme sea conditions or rogue waves. |
| --- | --- |

A.

| B. | A recreational craft given design category B is considered to be designed for a wind force up to, and including, 8 and significant wave height up to, and including, 4 m. |
| --- | --- |

B.

| C. | A watercraft given design category C is considered to be designed for a wind force up to, and including, 6 and significant wave height up to, and including, 2 m. |
| --- | --- |

C.

| D. | A watercraft given design category D is considered to be designed for a wind force up to, and including, 4 and significant wave height up to, and including, 0,3 m, with occasional waves of 0,5 m maximum height.
  Watercraft in each design category must be designed and constructed to withstand the parameters in respect of stability, buoyancy, and other relevant essential requirements listed in this Annex, and to have good handling characteristics. |
| --- | --- |

D.

Watercraft in each design category must be designed and constructed to withstand the parameters in respect of stability, buoyancy, and other relevant essential requirements listed in this Annex, and to have good handling characteristics.

2.   GENERAL REQUIREMENTS

2.1.   Watercraft identification

Each watercraft shall be marked with an identification number including the following information:

| (1) | country code of the manufacturer, |
| --- | --- |

(1)

country code of the manufacturer,

| (2) | unique code of the manufacturer assigned by the national authority of the Member State, |
| --- | --- |

(2)

unique code of the manufacturer assigned by the national authority of the Member State,

| (3) | unique serial number, |
| --- | --- |

(3)

unique serial number,

| (4) | month and year of production, |
| --- | --- |

(4)

month and year of production,

| (5) | model year. |
| --- | --- |

(5)

model year.

Detailed requirements for the identification number referred to in the first paragraph are set out in the relevant harmonised standard.

2.2.   Watercraft builder’s plate

Each watercraft shall carry a permanently affixed plate mounted separately from the watercraft identification number, containing at least the following information:

| (a) | manufacturer’s name, registered trade name or registered trade mark, as well as contact address; |
| --- | --- |

(a)

manufacturer’s name, registered trade name or registered trade mark, as well as contact address;

| (b) | CE marking, as provided for in Article 18; |
| --- | --- |

(b)

CE marking, as provided for in Article 18;

| (c) | watercraft design category in accordance with Section 1; |
| --- | --- |

(c)

watercraft design category in accordance with Section 1;

| (d) | manufacturer’s maximum recommended load derived from point 3.6 excluding the weight of the contents of the fixed tanks when full; |
| --- | --- |

(d)

manufacturer’s maximum recommended load derived from point 3.6 excluding the weight of the contents of the fixed tanks when full;

| (e) | number of persons recommended by the manufacturer for which the watercraft was designed. |
| --- | --- |

(e)

number of persons recommended by the manufacturer for which the watercraft was designed.

In the case of post-construction assessment, the contact details and the requirements referred to in point (a) shall include those of the notified body which has carried out the conformity assessment.

2.3.   Protection from falling overboard and means of reboarding

Watercraft shall be designed to minimise the risks of falling overboard and to facilitate reboarding. Means of reboarding shall be accessible to or deployable by a person in the water unaided.

2.4.   Visibility from the main steering position

For recreational craft, the main steering position shall give the operator, under normal conditions of use (speed and load), good all-round visibility.

2.5.   Owner’s manual

Each product shall be provided with an owner’s manual in accordance with Article 7(7) and Article 9(4). That manual shall provide all the information necessary for safe use of the product drawing particular attention to set up, maintenance, regular operation, prevention of risks and risk management.

3.   INTEGRITY AND STRUCTURAL REQUIREMENTS

3.1.   Structure

The choice and combination of materials and its construction shall ensure that the watercraft is strong enough in all respects. Special attention shall be paid to the design category in accordance with Section 1, and the manufacturer’s maximum recommended load in accordance with point 3.6.

3.2.   Stability and freeboard

The watercraft shall have sufficient stability and freeboard considering its design category in accordance with Section 1 and the manufacturer’s maximum recommended load in accordance with point 3.6.

3.3.   Buoyancy and flotation

The watercraft shall be constructed as to ensure that it has buoyancy characteristics appropriate to its design category in accordance with Section 1 and the manufacturer’s maximum recommended load in accordance with point 3.6. All habitable multihull recreational craft susceptible of inversion shall have sufficient buoyancy to remain afloat in the inverted position.

Watercraft of less than 6 metres in length that are susceptible to swamping when used in their design category shall be provided with appropriate means of flotation in the swamped condition.

3.4.   Openings in hull, deck and superstructure

Openings in hull, deck(s) and superstructure shall not impair the structural integrity of the watercraft or its weather tight integrity when closed.

Windows, port lights, doors and hatch covers shall withstand the water pressure likely to be encountered in their specific position, as well as point loads applied by the weight of persons moving on deck.

Through hull fittings designed to allow water passage into the hull or out of the hull, below the waterline corresponding to the manufacturer’s maximum recommended load in accordance with point 3.6, shall be fitted with a means of shutoff which shall be readily accessible.

3.5.   Flooding

All watercraft shall be designed so as to minimise the risk of sinking.

Where appropriate, particular attention shall be paid to:

| (a) | cockpits and wells, which should be self-draining or have other means of keeping water out of the watercraft interior; |
| --- | --- |

(a)

cockpits and wells, which should be self-draining or have other means of keeping water out of the watercraft interior;

| (b) | ventilation fittings; |
| --- | --- |

(b)

ventilation fittings;

| (c) | removal of water by pumps or other means. |
| --- | --- |

(c)

removal of water by pumps or other means.

3.6.   Manufacturer’s maximum recommended load

The manufacturer’s maximum recommended load (fuel, water, provisions, miscellaneous equipment and people (in kilograms)) for which the watercraft was designed, shall be determined in accordance with the design category (Section 1), stability and freeboard (point 3.2) and buoyancy and flotation (point 3.3).

3.7.   Life raft stowage

All recreational craft of design categories A and B, and recreational craft of design categories C and D longer than 6 metres shall be provided with one or more stowage points for a life raft (life rafts) large enough to hold the number of persons the recreational craft was designed to carry as recommended by the manufacturer. Life raft stowage point(s) shall be readily accessible at all times.

3.8.   Escape

All habitable multihull recreational craft susceptible of inversion shall be provided with viable means of escape in the event of inversion. Where there is a means of escape provided for use in the inverted position, it shall not compromise the structure (point 3.1), the stability (point 3.2) or buoyancy (point 3.3) whether the recreational craft is upright or inverted.

Every habitable recreational craft shall be provided with viable means of escape in the event of fire.

3.9.   Anchoring, mooring and towing

All watercraft, taking into account their design category and their characteristics, shall be fitted with one or more strong points or other means capable of safely accepting anchoring, mooring and towing loads.

4.   HANDLING CHARACTERISTICS

The manufacturer shall ensure that the handling characteristics of the watercraft are satisfactory with the most powerful propulsion engine for which the watercraft is designed and constructed. For all propulsion engines, the maximum rated engine power shall be declared in the owner’s manual.

5.   INSTALLATION REQUIREMENTS

5.1.   Engines and engine compartments

5.1.1.   Inboard engine

All inboard mounted engines shall be placed within an enclosure separated from living quarters and installed so as to minimise the risk of fires or spread of fires as well as hazards from toxic fumes, heat, noise or vibrations in the living quarters.

Engine parts and accessories that require frequent inspection and/or servicing shall be readily accessible.

The insulating materials inside the engine compartment shall not sustain combustion.

5.1.2.   Ventilation

The engine compartment shall be ventilated. The ingress of water into the engine compartment through openings must be minimised.

5.1.3.   Exposed parts

Unless the engine is protected by a cover or its own enclosure, exposed moving or hot parts of the engine that could cause personal injury shall be effectively shielded.

5.1.4.   Outboard propulsion engine starting

Every outboard propulsion engine fitted on any watercraft shall have a device to prevent the engine being started in gear, except:

| (a) | when the engine produces less than 500 Newton’s (N) of static thrust; |
| --- | --- |

(a)

when the engine produces less than 500 Newton’s (N) of static thrust;

| (b) | when the engine has a throttle limiting device to limit thrust to 500 N at the time of starting the engine. |
| --- | --- |

(b)

when the engine has a throttle limiting device to limit thrust to 500 N at the time of starting the engine.

5.1.5.   Personal watercraft running without driver

Personal watercraft shall be designed either with an automatic propulsion engine cut-off or with an automatic device to provide reduced speed, circular, forward movement when the driver dismounts deliberately or falls overboard.

5.1.6.   Tiller-controlled outboard propulsion engines shall be equipped with an emergency stopping device which can be linked to the helmsman.

5.2.   Fuel system

5.2.1.   General

The filling, storage, venting and fuel-supply arrangements and installations shall be designed and installed so as to minimise the risk of fire and explosion.

5.2.2.   Fuel tanks

Fuel tanks, lines and hoses shall be secured and separated or protected from any source of significant heat. The material the tanks are made of and their method of construction shall be in accordance with their capacity and the type of fuel.

Petrol fuel tank spaces shall be ventilated.

Petrol fuel tanks shall not form part of the hull and shall be:

| (a) | protected against fire from any engine and from all other sources of ignition; |
| --- | --- |

(a)

protected against fire from any engine and from all other sources of ignition;

| (b) | separated from living quarters. |
| --- | --- |

(b)

separated from living quarters.

Diesel fuel tanks may be integral with the hull.

5.3.   Electrical system

Electrical systems shall be designed and installed so as to ensure proper operation of the watercraft under normal conditions of use and shall be such as to minimise risk of fire and electric shock.

All electrical circuits, except engine starting circuits supplied from batteries, shall remain safe when exposed to overload.

Electric propulsion circuits shall not interact with other circuits in such a way that either would fail to operate as intended.

Ventilation shall be provided to prevent the accumulation of explosive gases which might be emitted from batteries. Batteries shall be firmly secured and protected from ingress of water.

5.4.   Steering system

5.4.1.   General

Steering and propulsion control systems shall be designed, constructed and installed in order to allow the transmission of steering loads under foreseeable operating conditions.

5.4.2.   Emergency arrangements

Every sailing recreational craft and single-propulsion engine non-sailing recreational craft with remote-controlled rudder steering systems shall be provided with emergency means of steering the recreational craft at reduced speed.

5.5.   Gas system

Gas systems for domestic use shall be of the vapour-withdrawal type and shall be designed and installed so as to avoid leaks and the risk of explosion and be capable of being tested for leaks. Materials and components shall be suitable for the specific gas used to withstand the stresses and exposures found in the marine environment.

Each gas appliance intended by the manufacturer for the application for which it is used shall be so installed in accordance with the manufacturer’s instructions. Each gas-consuming appliance must be supplied by a separate branch of the distribution system, and each appliance must be controlled by a separate closing device. Adequate ventilation must be provided to prevent hazards from leaks and products of combustion.

All watercraft with a permanently installed gas system shall be fitted with an enclosure to contain all gas cylinders. The enclosure shall be separated from the living quarters, accessible only from the outside and ventilated to the outside so that any escaping gas drains overboard.

In particular, any permanently installed gas system shall be tested after installation.

5.6.   Fire protection

5.6.1.   General

The type of equipment installed and the layout of the watercraft shall take account of the risk and spread of fire. Special attention shall be paid to the surroundings of open flame devices, hot areas or engines and auxiliary machines, oil and fuel overflows, uncovered oil and fuel pipes and routing of electrical wiring in particular away from heat sources and hot areas.

5.6.2.   Fire-fighting equipment

Recreational craft shall be supplied with fire-fighting equipment appropriate to the fire hazard, or the position and capacity of fire-fighting equipment appropriate to the fire hazard shall be indicated. The craft shall not be put into service until the appropriate fire-fighting equipment is in place. Petrol engine compartments shall be protected by a fire extinguishing system that avoids the need to open the compartment in the event of fire. Where fitted, portable fire extinguishers shall be readily accessible and one shall be so positioned that it can easily be reached from the main steering position of the recreational craft.

5.7.   Navigation lights, shapes and sound signals

Where navigation lights, shapes and sound signals are fitted, they shall comply with the 1972 COLREG (The International Regulations for Preventing Collisions at Sea) or CEVNI (European Code for Interior Navigations for inland waterways) Regulations as appropriate.

5.8.   Discharge prevention and installations facilitating the delivery ashore of waste

Watercraft shall be constructed so as to prevent the accidental discharge of pollutants (oil, fuel, etc.) overboard.

Any toilet fitted in a recreational craft shall be connected solely to a holding tank system or water treatment system.

Recreational craft with installed holding tanks shall be fitted with a standard discharge connection to enable pipes of reception facilities to be connected with the recreational craft discharge pipeline.

In addition, any through-the-hull pipes for human waste shall be fitted with valves which are capable of being secured in the closed position.

B.   Essential requirements for exhaust emissions from propulsion engines

Propulsion engines shall comply with the essential requirements for exhaust emissions set out in this Part.

1.   PROPULSION ENGINE IDENTIFICATION

| 1.1. | Each engine shall be clearly marked with the following information:






  (a) | engine manufacturer’s name, registered trade name or registered trade mark and contact address; and, if applicable, the name and contact address of the person adapting the engine; |
| --- | --- | --- |

1.1.

(a)

engine manufacturer’s name, registered trade name or registered trade mark and contact address; and, if applicable, the name and contact address of the person adapting the engine;

| (b) | engine type, engine family, if applicable; |
| --- | --- |

(b)

engine type, engine family, if applicable;

| (c) | a unique engine serial number; |
| --- | --- |

(c)

a unique engine serial number;

| (d) | CE marking, as provided for in Article 18. |
| --- | --- |

(d)

CE marking, as provided for in Article 18.

| 1.2. | The marks referred to in point 1.1 must be durable for the normal life of the engine and must be clearly legible and indelible. If labels or plates are used, they must be attached in such a manner that the fixing is durable for the normal life of the engine, and the labels/plates cannot be removed without destroying or defacing them. |
| --- | --- |

1.2.

| 1.3. | The marks must be secured to an engine part necessary for normal engine operation and not normally requiring replacement during the engine life. |
| --- | --- |

1.3.

| 1.4. | The marks must be located so as to be readily visible after the engine has been assembled with all the components necessary for engine operation. |
| --- | --- |

1.4.

2.   EXHAUST EMISSION REQUIREMENTS

Propulsion engines shall be designed, constructed and assembled so that when correctly installed and in normal use, emissions shall not exceed the limit values obtained from point 2.1, Table 1 and point 2.2, Tables 2 and 3:

2.1.   Values applying for the purposes of Article 55(2) and Table 2 of point 2.2:

Table 1

| (g/kWh) |
| --- |
| Type | Carbon monoxide | Hydrocarbons | Nitrogen oxides
  NOx | Particulates
  PT |
| | A | B | n | A | B | n | | |
| Two-stroke spark ignition | 150,0 | 600,0 | 1,0 | 30,0 | 100,0 | 0,75 | 10,0 | Not applicable |
| Four-stroke spark ignition | 150,0 | 600,0 | 1,0 | 6,0 | 50,0 | 0,75 | 15,0 | Not applicable |
| Compression ignition | 5,0 | 0 | 0 | 1,5 | 2,0 | 0,5 | 9,8 | 1,0 |

(g/kWh)

Type

Carbon monoxide

Formula

Hydrocarbons

Formula

Nitrogen oxides

NOx

Particulates

PT

A

B

n

A

B

n

Two-stroke spark ignition

150,0

600,0

1,0

30,0

100,0

0,75

10,0

Not applicable

Four-stroke spark ignition

150,0

600,0

1,0

6,0

50,0

0,75

15,0

Not applicable

Compression ignition

5,0

0

0

1,5

2,0

0,5

9,8

1,0

Where A, B and n are constants in accordance with the table, PN is the rated engine power in kW.

2.2.   Values applying from 18 January 2016:

Table 2

Exhaust emission limits for compression ignition (CI) engines
   (2)

| Swept Volume
  SV
  (L/cyl) | Rated Engine Power PN

  (kW) | Particulates
  PT
  (g/kWh) | Hydrocarbons + Nitrogen Oxides





  (g/kWh) |
| --- | --- | --- | --- |
| | | The values referred to in table 1 |
| (1) | 0,30 | 4,7 |
| | 0,15 | 5,8 |
| | | 0,14 | 5,8 |
| | 0,12 | 5,8 |
| | 0,12 | 5,8 |
| | 0,11 | 5,8 |

Swept Volume

SV

(L/cyl)

Rated Engine Power PN

(kW)

Particulates

PT

(g/kWh)

Hydrocarbons + Nitrogen Oxides

Formula

(g/kWh)

Formula

Formula

The values referred to in table 1

Formula

0,30

4,7

Formula

0,15

5,8

Formula

Formula

0,14

5,8

Formula

0,12

5,8

Formula

0,12

5,8

Formula

0,11

5,8

Table 3

Exhaust emission limits for spark ignition (SI) engines

| Type of engine | Rated Engine
  Power PN

  (kW) | Carbon monoxide
  CO
  (g/kWh) | Hydrocarbons + Nitrogen Oxides





  (g/kWh) |
| --- | --- | --- | --- |
| Stern-drive and inboard engines | | 75 | 5 |
| | 350 | 16 |
| | 350 | 22 |
| Outboard engines and PWC engines | | | 30 |
| | | |
| | 300 | |

Type of engine

Rated Engine

Power PN

(kW)

Carbon monoxide

CO

(g/kWh)

Hydrocarbons + Nitrogen Oxides

Formula

(g/kWh)

Stern-drive and inboard engines

Formula

75

5

Formula

350

16

Formula

350

22

Outboard engines and PWC engines

Formula

Formula

30

Formula

Formula

Formula

Formula

300

Formula

2.3.   Test cycles:

Test cycles and weighting factors to be applied:

The following requirements of ISO standard 8178-4:2007 shall be used, taking into account the values set out in the table below.

For variable speed CI engines test cycle E1 or E5 shall be applied or alternatively, above 130 kW, test cycle E3 may be applied. For variable speed SI engines test cycle E4 shall be applied.

| Cycle E1, Mode number | 1 | 2 | 3 | 4 | 5 |
| --- | --- | --- | --- | --- | --- |
| Speed | Rated speed | Intermediate speed | Low-idle speed |
| Torque, % | 100 | 75 | 75 | 50 | 0 |
| Weighting factor | 0,08 | 0,11 | 0,19 | 0,32 | 0,3 |
| Speed | Rated speed | Intermediate speed | Low-idle speed |
| Cycle E3, Mode number | 1 | 2 | 3 | 4 | |
| Speed, % | 100 | 91 | 80 | 63 | |
| Power, % | 100 | 75 | 50 | 25 | |
| Weighting factor | 0,2 | 0,5 | 0,15 | 0,15 | |
| Cycle E4, Mode number | 1 | 2 | 3 | 4 | 5 |
| Speed, % | 100 | 80 | 60 | 40 | Idle |
| Torque, % | 100 | 71,6 | 46,5 | 25,3 | 0 |
| Weighting factor | 0,06 | 0,14 | 0,15 | 0,25 | 0,40 |
| Cycle E5, Mode number | 1 | 2 | 3 | 4 | 5 |
| Speed, % | 100 | 91 | 80 | 63 | Idle |
| Power, % | 100 | 75 | 50 | 25 | 0 |
| Weighting factor | 0,08 | 0,13 | 0,17 | 0,32 | 0,3 |

Cycle E1, Mode number

1

2

3

4

5

Speed

Rated speed

Intermediate speed

Low-idle speed

Torque, %

100

75

75

50

0

Weighting factor

0,08

0,11

0,19

0,32

0,3

Speed

Rated speed

Intermediate speed

Low-idle speed

Cycle E3, Mode number

1

2

3

4

Speed, %

100

91

80

63

Power, %

100

75

50

25

Weighting factor

0,2

0,5

0,15

0,15

Cycle E4, Mode number

1

2

3

4

5

Speed, %

100

80

60

40

Idle

Torque, %

100

71,6

46,5

25,3

0

Weighting factor

0,06

0,14

0,15

0,25

0,40

Cycle E5, Mode number

1

2

3

4

5

Speed, %

100

91

80

63

Idle

Power, %

100

75

50

25

0

Weighting factor

0,08

0,13

0,17

0,32

0,3

Notified bodies may accept tests carried out on the basis of other tests cycles as specified in a harmonised standard and as applicable for the engine duty cycle.

2.4.   Application of the propulsion engine family and choice of parent propulsion engine

The engine manufacturer shall be responsible for defining those engines from his range which are to be included in an engine family.

A parent engine shall be selected from an engine family in such a way that its emissions characteristics are representative for all engines in that engine family. The engine incorporating those features that are expected to result in the highest specific emissions (expressed in g/kWh), when measured on the applicable test cycle, should normally be selected as the parent engine of the family.

2.5.   Test fuels

The test fuel used for exhaust emission testing shall meet the following characteristics:

| Petrol Fuels |
| --- |
| Property | RF-02-99
  Unleaded | RF-02-03
  Unleaded |
| | min | max | min | max |
| Research Octane Number (RON) | 95 | — | 95 | — |
| Motor Octane Number (MON) | 85 | — | 85 | — |
| Density at 15 oC (kg/m3) | 748 | 762 | 740 | 754 |
| Initial boiling point (°C) | 24 | 40 | 24 | 40 |
| Mass fraction of sulphur (mg/kg) | — | 100 | — | 10 |
| Lead content (mg/l) | — | 5 | — | 5 |
| Reid vapour pressure (kPa) | 56 | 60 | — | — |
| Vapour pressure (DVPE) (kPa) | — | — | 56 | 60 |
| Diesel Fuels |
| Property | RF-06-99 | RF-06-03 |
| | min | max | min | max |
| Cetane number | 52 | 54 | 52 | 54 |
| Density at 15 oC (kg/m3) | 833 | 837 | 833 | 837 |
| Final boiling point (°C) | — | 370 | — | 370 |
| Flash point (°C) | 55 | — | 55 | — |
| Mass fraction of sulphur (mg/kg) | To be reported | 300 (50) | — | 10 |
| Mass fraction of ash (%) | To be reported | 0,01 | — | 0,01 |

Petrol Fuels

Property

RF-02-99

Unleaded

RF-02-03

Unleaded

min

max

min

max

Research Octane Number (RON)

95

—

95

—

Motor Octane Number (MON)

85

—

85

—

Density at 15 oC (kg/m3)

748

762

740

754

Initial boiling point (°C)

24

40

24

40

Mass fraction of sulphur (mg/kg)

—

100

—

10

Lead content (mg/l)

—

5

—

5

Reid vapour pressure (kPa)

56

60

—

—

Vapour pressure (DVPE) (kPa)

—

—

56

60

Diesel Fuels

Property

RF-06-99

RF-06-03

min

max

min

max

Cetane number

52

54

52

54

Density at 15 oC (kg/m3)

833

837

833

837

Final boiling point (°C)

—

370

—

370

Flash point (°C)

55

—

55

—

Mass fraction of sulphur (mg/kg)

To be reported

300 (50)

—

10

Mass fraction of ash (%)

To be reported

0,01

—

0,01

Notified bodies may accept tests carried out on the basis of other tests fuel as specified in a harmonised standard.

3.   DURABILITY

The manufacturer of the engine shall supply engine installation and maintenance instructions, which if applied should mean that the engine in normal use will continue to comply with the limits set out in points 2.1 and 2.2 throughout the normal life of the engine and under normal conditions of use.

This information shall be obtained by the engine manufacturer by use of prior endurance testing, based on normal operating cycles, and by calculation of component fatigue so that the necessary maintenance instructions may be prepared by the manufacturer and issued with all new engines when first placed on the market.

The normal life of the engine is as follows:

| (a) | For CI engines: 480 hours of operation or 10 years, whichever occurs first; |
| --- | --- |

(a)

For CI engines: 480 hours of operation or 10 years, whichever occurs first;

| (b) | For SI inboard or stern drive engines with or without integral exhaust:






  (i) | for the engine category



  : 480 hours of operation or 10 years, whichever occurs first, |
| --- | --- | --- |

(b)

For SI inboard or stern drive engines with or without integral exhaust:

(i)

Formula

| (ii) | for engines in the category



  : 150 hours of operation or three years, whichever occurs first, |
| --- | --- |

(ii)

Formula

| (iii) | for the engine category



  : 50 hours of operation or one year, whichever occurs first; |
| --- | --- |

(iii)

Formula

| (c) | personal watercraft engines: 350 hours of operation or five years, whichever occurs first; |
| --- | --- |

(c)

personal watercraft engines: 350 hours of operation or five years, whichever occurs first;

| (d) | outboard engines: 350 hours of operation or 10 years, whichever occurs first |
| --- | --- |

(d)

outboard engines: 350 hours of operation or 10 years, whichever occurs first

4.   OWNER’S MANUAL

Each engine shall be provided with an owner’s manual in a language or languages which can be easily understood by consumers and other end-users, as determined by the Member State in which the engine is to be marketed.

The owner’s manual shall:

| (a) | provide instructions for the installation, use and maintenance needed to assure the proper functioning of the engine to meet the requirements of Section 3 (Durability); |
| --- | --- |

(a)

provide instructions for the installation, use and maintenance needed to assure the proper functioning of the engine to meet the requirements of Section 3 (Durability);

| (b) | specify the power of the engine when measured in accordance with the harmonised standard. |
| --- | --- |

(b)

specify the power of the engine when measured in accordance with the harmonised standard.

C.   Essential requirements for noise emissions

Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall comply with the essential requirements for noise emissions set out in this Part.

1.   NOISE EMISSION LEVELS

| 1.1. | Recreational craft with inboard or stern drive engines without integral exhaust, personal watercraft and outboard engines and stern drive engines with integral exhaust shall be designed, constructed and assembled so that noise emissions shall not exceed the limit values in the following table:






  Rated Engine Power
  (single engine)
  In kW | Maximum Sound Pressure Level = LpASmax

  In dB |
| --- | --- | --- |
| | 67 |
| | 72 |
| | 75 |

1.1.

Rated Engine Power

(single engine)

In kW

Maximum Sound Pressure Level = LpASmax

In dB

Formula

67

Formula

72

Formula

75

where PN = rated engine power in kW of a single engine at rated speed and LpASmax = maximum sound pressure level in dB.

For twin-engine and multiple-engine units of all engine types an allowance of 3 dB may be applied.

| 1.2. | As an alternative to sound measurement tests, recreational craft with inboard engine configuration or stern drive engine configuration, without integral exhaust, shall be deemed to comply with the noise requirements set out in point 1.1 if they have a Froude number of ≤ 1,1 and a Power to Displacement ratio of ≤ 40 and where the engine and exhaust system are installed in accordance with the engine manufacturer’s specifications. |
| --- | --- |

1.2.

| 1.3. | ‘Froude number’ Fn shall be calculated by dividing the maximum recreational craft speed V (m/s) by the square root of the waterline length lwl (m) multiplied by a given gravitational acceleration constant, g, of 9,8 m/s2.






  ‘Power to Displacement ratio’ shall be calculated by dividing the rated engine power PN (in kW) by the recreational craft’s displacement D (in tonnes) |
| --- | --- |

1.3.

Formula

‘Power to Displacement ratio’ shall be calculated by dividing the rated engine power PN (in kW) by the recreational craft’s displacement D (in tonnes)

Formula

2.   OWNER’S MANUAL

For recreational craft with inboard engine or stern drive engines without integral exhaust and personal watercraft, the owner’s manual required under point 2.5 of Part A, shall include information necessary to maintain the recreational craft and exhaust system in a condition that, insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.

For outboard engines and stern drive engines with integral exhaust, the owner’s manual required under Section 4 of Part B shall provide the instructions necessary to maintain the engine in a condition, that insofar as is practicable, will ensure compliance with the specified noise limit values when in normal use.

3.   DURABILITY

The provisions on the durability in Section 3 of Part B shall apply mutatis mutandis to the compliance with the requirements on noise emissions set out in Section 1 of this part.

---

(1)

| + | Alternatively, compression-ignition engines with rated engine power at or above 37 kW and below 75 kW and with a swept volume below 0,9 L/cyl shall not exceed a PT emission limit of 0,20 g/kWh and a combined

  emission limit of 5,8 g/kWh. |
| --- | --- |

+

(2)

| ++ | Any compression-ignition engine shall not exceed a Carbon monoxide (CO) emission limit of 5,0 g/kWh. |
| --- | --- |

++

---

ANNEX II

COMPONENTS OF WATERCRAFT

| (1) | Ignition-protected equipment for inboard and stern drive petrol engines and petrol tank spaces; |
| --- | --- |

(1)

| (2) | Start-in-gear protection devices for outboard engines; |
| --- | --- |

(2)

| (3) | Steering wheels, steering mechanisms and cable assemblies; |
| --- | --- |

(3)

| (4) | Fuel tanks intended for fixed installations and fuel hoses; |
| --- | --- |

(4)

| (5) | Prefabricated hatches, and port lights. |
| --- | --- |

(5)

---

ANNEX III

DECLARATION BY THE MANUFACTURER OR THE IMPORTER OF THE PARTLY COMPLETED WATERCRAFT (ARTICLE 6(2))

The declaration by the manufacturer or the importer established in the Union referred to in Article 6(2) shall contain the following:

| (a) | the name and address of the manufacturer; |
| --- | --- |

(a)

the name and address of the manufacturer;

| (b) | the name and address of the representative of the manufacturer established in the Union or, if appropriate, of the person responsible for the placing on the market; |
| --- | --- |

(b)

the name and address of the representative of the manufacturer established in the Union or, if appropriate, of the person responsible for the placing on the market;

| (c) | a description of the partly completed watercraft; |
| --- | --- |

(c)

a description of the partly completed watercraft;

| (d) | a statement that the partly completed watercraft complies with the essential requirements that apply at this stage of construction; this shall include references to the relevant harmonised standards used, or references to the specifications in relation to which compliance is declared at this stage of construction; furthermore, it is intended to be completed by other legal or natural persons in full compliance with this Directive. |
| --- | --- |

(d)

a statement that the partly completed watercraft complies with the essential requirements that apply at this stage of construction; this shall include references to the relevant harmonised standards used, or references to the specifications in relation to which compliance is declared at this stage of construction; furthermore, it is intended to be completed by other legal or natural persons in full compliance with this Directive.

---

ANNEX IV

EU DECLARATION OF CONFORMITY No xxxxx
   (1)

| 1. | No xxxxx (Product: product, batch, type, or serial number): |
| --- | --- |

1.

| 2. | Name and address of the manufacturer or his authorised representative [The authorised representative must also give the business name and address of the manufacturer] or the private importer. |
| --- | --- |

2.

| 3. | This declaration of conformity is issued under the sole responsibility of the manufacturer or the private importer or the person referred to in Article 19(3) or (4) of Directive 2013/53/EU. |
| --- | --- |

3.

| 4. | Object of the declaration (identification of product allowing traceability. It may include a photograph, where appropriate): |
| --- | --- |

4.

| 5. | The object of the declaration described in point 4 is in conformity with the relevant Union harmonisation legislation: |
| --- | --- |

5.

| 6. | References to the relevant harmonised standards used or references to the other technical specifications in relation to which conformity is declared: |
| --- | --- |

6.

| 7. | Where applicable, the notified body ... (name, number) performed ... (description of intervention) and issued the certificate: |
| --- | --- |

7.

| 8. | Identification of the person empowered to sign on behalf of the manufacturer or his authorised representative |
| --- | --- |

8.

| 9. | Additional information: | The EU declaration of conformity shall include a statement of the propulsion engine manufacturer and that of the person adapting an engine in accordance with points (b) and (c) of Article 6(4) that:






  (a) | when installed in a watercraft, in accordance with the installation instructions accompanying the engine, the engine will meet:






  (i) | the exhaust emission requirements of this Directive; |
| --- | --- | --- | --- | --- |

9.

The EU declaration of conformity shall include a statement of the propulsion engine manufacturer and that of the person adapting an engine in accordance with points (b) and (c) of Article 6(4) that:

(a)

when installed in a watercraft, in accordance with the installation instructions accompanying the engine, the engine will meet:

(i)

the exhaust emission requirements of this Directive;

| (ii) | the limits of Directive 97/68/EC as regards engines type-approved in accordance with Directive 97/68/EC which are in compliance with stage III A, stage III B or stage IV emission limits for CI engines used in other applications than propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2 of Annex I to that Directive; or |
| --- | --- |

(ii)

the limits of Directive 97/68/EC as regards engines type-approved in accordance with Directive 97/68/EC which are in compliance with stage III A, stage III B or stage IV emission limits for CI engines used in other applications than propulsion of inland waterway vessels, locomotives and railcars, as provided for in point 4.1.2 of Annex I to that Directive; or

| (iii) | the limits of Regulation (EC) No 595/2009 as regards engines type-approved in accordance with that Regulation. |
| --- | --- |

(iii)

the limits of Regulation (EC) No 595/2009 as regards engines type-approved in accordance with that Regulation.

| | The engine must not be put into service until the watercraft into which it is to be installed has been declared in conformity, if so required, with the relevant provision of this Directive. |
| --- | --- |

The engine must not be put into service until the watercraft into which it is to be installed has been declared in conformity, if so required, with the relevant provision of this Directive.

| | If the engine has been placed on the market during the additional transitional period provided for in Article 55(2), the EU declaration of conformity shall contain an indication thereof. |
| --- | --- |

If the engine has been placed on the market during the additional transitional period provided for in Article 55(2), the EU declaration of conformity shall contain an indication thereof.

| | Signed for and on behalf of: | (place and date of issue) |
| --- | --- | --- |

Signed for and on behalf of:

(place and date of issue)

| | (name, function) (signature) |
| --- | --- |

(name, function) (signature)

---

(1)  It is optional to assign a number to the declaration of conformity.

---

ANNEX V

EQUIVALENT CONFORMITY BASED ON POST-CONSTRUCTION ASSESSMENT (MODULE PCA)

1.   Conformity based on post-construction assessment is the procedure to assess the equivalent conformity of a product for which the manufacturer has not assumed the responsibility for the product’s conformity with this Directive, and whereby a natural or legal person referred to in Article 19(2), (3) or (4) who is placing the product on the market or putting it into service under his own responsibility is assuming the responsibility for the equivalent conformity of the product. This person shall fulfill the obligations laid down in points 2 and 4 and ensure and declare on his sole responsibility that the product concerned, which has been subject to the provisions of point 3, is in conformity with the applicable requirements of this Directive.

2.   The person who is placing the product on the market or putting it into service shall lodge an application for a post-construction assessment of the product with a notified body and must provide the notified body with the documents and technical file enabling the notified body to assess the conformity of the product with the requirements of this Directive and any available information on the use of the product after its first putting into service.

The person who is placing such a product on the market or putting it into service shall keep these documents and information at the disposal of the relevant national authorities for 10 years after the product has been assessed on its equivalent conformity in accordance with the post-construction assessment procedure.

3.   The notified body shall examine the individual product and carry out calculations, tests and other assessments, to the extent necessary to ensure that the equivalent conformity of the product with the relevant requirements of this Directive is demonstrated.

The notified body shall draw up and issue a certificate and a related report of conformity concerning the assessment carried out and shall keep a copy of the certificate and related report of conformity at the disposal of the national authorities for 10 years after it has issued these documents.

The notified body shall affix its identification number next to the CE marking on the approved product or have it affixed under its responsibility.

In case the assessed product is a watercraft, the notified body shall also have affixed, under his responsibility, the watercraft identification number as referred to in point 2.1 of Part A of Annex I, whereby the field for the country code of the manufacturer shall be used to indicate the country of establishment of the notified body and the fields for the unique code of the manufacturer assigned by the national authority of the Member State to indicate the post-construction assessment identification code assigned to the notified body, followed by the serial number of the post-construction assessment certificate. The fields in the watercraft identification number for the month and year of production and for the model year shall be used to indicate the month and year of the post-construction assessment.

4.   CE marking and EU declaration of conformity

| 4.1. | The person who is placing the product on the market or putting it into service shall affix the CE marking and, under the responsibility of the notified body referred to in Section 3, the latter’s identification number to the product for which the notified body has assessed and certified its equivalent conformity with the relevant requirements of this Directive. |
| --- | --- |

4.1.

| 4.2. | The person who is placing the product on the market or putting it into service shall draw up an EU declaration of conformity and keep it at the disposal of the national authorities for 10 years after the date the post-construction assessment certificate has been issued. The declaration of conformity shall identify the product for which it has been drawn up.
  A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request. |
| --- | --- |

4.2.

A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

| 4.3. | In the case the assessed product is a watercraft, the person who is placing the watercraft on the market or putting it into service shall affix to the watercraft the builder’s plate described in point 2.2 of Part A of Annex I, which shall include the words ‘post-construction assessment’, and the watercraft identification number described in point 2.1 of Part A of Annex I, in accordance with the provisions set out in Section 3. |
| --- | --- |

4.3.

5.   The notified body shall inform the person who is placing the product on the market or putting it into service of his obligations under this post-construction assessment procedure.

---

ANNEX VI

SUPPLEMENTARY REQUIREMENTS WHEN INTERNAL PRODUCTION CONTROL PLUS SUPERVISED PRODUCTION TESTS SET OUT IN MODULE A1 IS USED (ARTICLE 24(2))

Design and construction

On one or several watercrafts representing the production of the manufacturer one or more of the following tests, equivalent calculation or control shall be carried out by the manufacturer or on his behalf:

| (a) | test of stability in accordance with point 3.2 of Part A of Annex I; |
| --- | --- |

(a)

test of stability in accordance with point 3.2 of Part A of Annex I;

| (b) | test of buoyancy characteristics in accordance with point 3.3 of Part A of Annex I. |
| --- | --- |

(b)

test of buoyancy characteristics in accordance with point 3.3 of Part A of Annex I.

Noise emissions

For recreational craft fitted with inboard or stern drive engines without integral exhaust and for personal watercraft, on one or several watercraft representing the production of the watercraft manufacturer, the sound emission tests defined in Part C of Annex I shall be carried out by the watercraft manufacturer, or on his behalf, under the responsibility of a notified body chosen by the manufacturer.

For outboard engines and stern drive engines with integral exhaust, on one or several engines of each engine family representing the production of the engine manufacturer, the sound emission tests defined in Part C of Annex I shall be carried out by the engine manufacturer, or on his behalf, under the responsibility of a notified body chosen by the manufacturer.

Where more than one engine of an engine family is tested, the statistical method described in Annex VII shall be applied to ensure conformity of the sample.

---

ANNEX VII

CONFORMITY OF PRODUCTION ASSESSMENT FOR EXHAUST AND NOISE EMISSIONS

| 1. | For verifying the conformity of an engine family, a sample of engines shall be taken from the series. The manufacturer shall decide the size (n) of the sample, in agreement with the notified body. |
| --- | --- |

1.

| 2. | The arithmetical mean X of the results obtained from the sample shall be calculated for each regulated component of the exhaust and noise emission. The production of the series shall be deemed to conform to the requirements (‘pass decision’) if the following condition is met:





  S is standard deviation, where:












  X | = | the arithmetical mean of the results obtained from the sample |
| --- | --- | --- | --- |
| x | = | the individual results obtained from the sample |
| L | = | the appropriate limit value |
| n | = | the number of engines in the sample |
| k | = | statistical factor depending on n (see table below) |

2.

Formula

S is standard deviation, where:

Formula

X

=

the arithmetical mean of the results obtained from the sample

x

=

the individual results obtained from the sample

L

=

the appropriate limit value

n

=

the number of engines in the sample

k

=

statistical factor depending on n (see table below)

| n | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| k | 0,973 | 0,613 | 0,489 | 0,421 | 0,376 | 0,342 | 0,317 | 0,296 | 0,279 | 0,265 | 0,253 | 0,242 | 0,233 | 0,224 | 0,216 | 0,210 | 0,203 | 0,198 |
| If n ≥ 20 then

  . |

n

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

k

0,973

0,613

0,489

0,421

0,376

0,342

0,317

0,296

0,279

0,265

0,253

0,242

0,233

0,224

0,216

0,210

0,203

0,198

If n ≥ 20 then
  Formula
  .

---

ANNEX VIII

SUPPLEMENTARY PROCEDURE TO BE APPLIED UNDER CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL (MODULE C)

In the cases referred to in Article 24(5) when the quality level appears unsatisfactory, the following procedure shall apply:

An engine is taken from the series and subjected to the test described in Part B of Annex I. Test engines shall have been run in, partially or completely, in accordance with the manufacturer’s specifications. If the specific exhaust emissions of the engine taken from the series exceed the limit values in accordance with Part B of Annex I, the manufacturer may ask for measurements to be done on a sample of engines taken from the series and including the engine originally taken. To ensure the conformity of the sample of engines with the requirements of this Directive, the statistical method described in Annex VII shall be applied.

---

ANNEX IX

TECHNICAL DOCUMENTATION

The technical documentation referred to in Article 7(2) and Article 25 shall, as far as it is relevant for the assessment, contain the following:

| (a) | A general description of the type; |
| --- | --- |

(a)

A general description of the type;

| (b) | Conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, and other relevant data; |
| --- | --- |

(b)

Conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, and other relevant data;

| (c) | Descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the product; |
| --- | --- |

(c)

Descriptions and explanations necessary for the understanding of said drawings and schemes and the operation of the product;

| (d) | A list of the standards referred to in Article 14, applied in full or in part, and descriptions of the solutions adopted to fulfil the essential requirements when the standards referred to in Article 14 have not been applied; |
| --- | --- |

(d)

A list of the standards referred to in Article 14, applied in full or in part, and descriptions of the solutions adopted to fulfil the essential requirements when the standards referred to in Article 14 have not been applied;

| (e) | Results of design calculations made, examinations carried out and other relevant data; |
| --- | --- |

(e)

Results of design calculations made, examinations carried out and other relevant data;

| (f) | Test reports, or calculations namely on stability in accordance with point 3.2 of Part A of Annex I and on buoyancy in accordance with point 3.3 of Part A of Annex I; |
| --- | --- |

(f)

Test reports, or calculations namely on stability in accordance with point 3.2 of Part A of Annex I and on buoyancy in accordance with point 3.3 of Part A of Annex I;

| (g) | Exhaust emissions test reports demonstrating compliance with Section 2 of Part B of Annex I; |
| --- | --- |

(g)

Exhaust emissions test reports demonstrating compliance with Section 2 of Part B of Annex I;

| (h) | Sound emissions test reports demonstrating compliance with Section 1 of Part C of Annex I. |
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(h)

Sound emissions test reports demonstrating compliance with Section 1 of Part C of Annex I.

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| 28.12.2013 | EN | Official Journal of the European Union | L 354/132 |
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28.12.2013

EN

Official Journal of the European Union

L 354/132

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DIRECTIVE 2013/55/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 November 2013

amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46, 53(1) and 62 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (3) consolidated a system of mutual recognition which was initially based on 15 Directives. It provides for automatic recognition for a limited number of professions based on harmonised minimum training requirements (sectoral professions), a general system for the recognition of evidence of training and automatic recognition of professional experience. Directive 2005/36/EC also established a new system of free provision of services. It should be recalled that third-country family members of Union citizens benefit from equal treatment in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (4). Third-country nationals may also benefit from equal treatment with regard to recognition of diplomas, certificates and other professional qualifications, in accordance with the relevant national procedures, under specific Union legal acts such as those on long-term residence, refugees, ‘blue card holders’ and scientific researchers. |
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(1)

Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (3) consolidated a system of mutual recognition which was initially based on 15 Directives. It provides for automatic recognition for a limited number of professions based on harmonised minimum training requirements (sectoral professions), a general system for the recognition of evidence of training and automatic recognition of professional experience. Directive 2005/36/EC also established a new system of free provision of services. It should be recalled that third-country family members of Union citizens benefit from equal treatment in accordance with Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (4). Third-country nationals may also benefit from equal treatment with regard to recognition of diplomas, certificates and other professional qualifications, in accordance with the relevant national procedures, under specific Union legal acts such as those on long-term residence, refugees, ‘blue card holders’ and scientific researchers.

| (2) | In its Communication of 27 October 2010 entitled ‘Single Market Act, Twelve levers to boost growth and strengthen confidence, ‘Working together to create new growth’, the Commission identified the need to modernise Union law in this area. On 23 October 2011, the European Council in its conclusions supported such a modernisation and urged the European Parliament and the Council to reach a political agreement on the revision of Directive 2005/36/EC by the end of 2012. In its resolution of 15 November 2011 on the implementation of the Professional Qualifications Directive (2005/36/EC) (5), the European Parliament also invited the Commission to come forward with a proposal. The EU Citizenship report 2010 of 27 October 2010 entitled ‘Dismantling the obstacles to EU citizens’ rights’ underlines the need to lighten the administrative burden linked to the recognition of professional qualifications. |
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(2)

In its Communication of 27 October 2010 entitled ‘Single Market Act, Twelve levers to boost growth and strengthen confidence, ‘Working together to create new growth’, the Commission identified the need to modernise Union law in this area. On 23 October 2011, the European Council in its conclusions supported such a modernisation and urged the European Parliament and the Council to reach a political agreement on the revision of Directive 2005/36/EC by the end of 2012. In its resolution of 15 November 2011 on the implementation of the Professional Qualifications Directive (2005/36/EC) (5), the European Parliament also invited the Commission to come forward with a proposal. The EU Citizenship report 2010 of 27 October 2010 entitled ‘Dismantling the obstacles to EU citizens’ rights’ underlines the need to lighten the administrative burden linked to the recognition of professional qualifications.

| (3) | Notaries who are appointed by an official act of government should be excluded from the scope of Directive 2005/36/EC in view of the specific and differing regimes applicable to them in individual Member States for accessing and pursuing the profession. |
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(3)

Notaries who are appointed by an official act of government should be excluded from the scope of Directive 2005/36/EC in view of the specific and differing regimes applicable to them in individual Member States for accessing and pursuing the profession.

| (4) | For the purposes of strengthening the internal market and promoting the free movement of professionals while ensuring a more efficient and transparent recognition of professional qualifications, a European Professional Card would be of added value. In particular, that Card would be useful to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The purpose of the European Professional Card is to simplify the recognition process and to introduce cost and operational efficiencies that will benefit professionals and competent authorities. The introduction of a European Professional Card should take into account the views of the profession concerned and should be preceded by an assessment of its suitability for the profession concerned and its impact on Member States. That assessment should be conducted together with Member States, where necessary. The European Professional Card should be issued at the request of a professional and after submission of necessary documents and completion of related verification procedures by the competent authorities. Where the European Professional Card is issued for the purpose of establishment, it should constitute a recognition decision and be treated as any other recognition decision under Directive 2005/36/EC. It should complement rather than replace any registration requirements associated with access to a particular profession. There is no need to introduce a European Professional Card for the legal professions for which professional cards are already implemented under the system provided for in Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (6) and Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (7). |
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(4)

For the purposes of strengthening the internal market and promoting the free movement of professionals while ensuring a more efficient and transparent recognition of professional qualifications, a European Professional Card would be of added value. In particular, that Card would be useful to facilitate temporary mobility and recognition under the automatic recognition system, as well as to promote a simplified recognition process under the general system. The purpose of the European Professional Card is to simplify the recognition process and to introduce cost and operational efficiencies that will benefit professionals and competent authorities. The introduction of a European Professional Card should take into account the views of the profession concerned and should be preceded by an assessment of its suitability for the profession concerned and its impact on Member States. That assessment should be conducted together with Member States, where necessary. The European Professional Card should be issued at the request of a professional and after submission of necessary documents and completion of related verification procedures by the competent authorities. Where the European Professional Card is issued for the purpose of establishment, it should constitute a recognition decision and be treated as any other recognition decision under Directive 2005/36/EC. It should complement rather than replace any registration requirements associated with access to a particular profession. There is no need to introduce a European Professional Card for the legal professions for which professional cards are already implemented under the system provided for in Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (6) and Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (7).

| (5) | The functioning of the European Professional Card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (8). The Card and IMI should enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work and recognition procedures for the competent authorities, and creating more transparency and certainty for professionals. |
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(5)

The functioning of the European Professional Card should be supported by the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (8). The Card and IMI should enhance synergies and trust among competent authorities, while at the same time eliminating duplication of administrative work and recognition procedures for the competent authorities, and creating more transparency and certainty for professionals.

| (6) | The process for the application and issuing of the European Professional Card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. Implementing acts should specify translation requirements and the methods of payment of any fees to be provided by an applicant so that the workflow in IMI is not disrupted or impaired and the processing of the application is not delayed. Setting the level of fees is a matter for Member States. Member States should however notify the Commission about the level of fees set. The European Professional Card and the related workflow within IMI should ensure the integrity, authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein. |
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(6)

The process for the application and issuing of the European Professional Card should be clearly structured and incorporate safeguards and the corresponding rights of appeal for the applicant. Implementing acts should specify translation requirements and the methods of payment of any fees to be provided by an applicant so that the workflow in IMI is not disrupted or impaired and the processing of the application is not delayed. Setting the level of fees is a matter for Member States. Member States should however notify the Commission about the level of fees set. The European Professional Card and the related workflow within IMI should ensure the integrity, authenticity and confidentiality of the data stored and avoid unlawful and unauthorised access to information contained therein.

| (7) | Directive 2005/36/EC applies only to professionals who want to pursue the same profession in another Member State. There are cases where, in the host Member State, the activities concerned are part of a profession with a larger scope of activities than in the home Member State. If the differences between the fields of activity are so large that a full programme of education and training would be required from the professional to compensate for shortcomings, and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, where there are overriding reasons of general interest, as defined by the Court of Justice of the European Union in its case-law relating to Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) and which may continue to evolve, a Member State should be able to refuse partial access. This may in particular be the case for health professions if they have public health or patient safety implications. Granting partial access should be without prejudice to the right of social partners to organise themselves. |
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(7)

Directive 2005/36/EC applies only to professionals who want to pursue the same profession in another Member State. There are cases where, in the host Member State, the activities concerned are part of a profession with a larger scope of activities than in the home Member State. If the differences between the fields of activity are so large that a full programme of education and training would be required from the professional to compensate for shortcomings, and if the professional so requests, a host Member State should under these particular circumstances grant partial access. However, where there are overriding reasons of general interest, as defined by the Court of Justice of the European Union in its case-law relating to Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU) and which may continue to evolve, a Member State should be able to refuse partial access. This may in particular be the case for health professions if they have public health or patient safety implications. Granting partial access should be without prejudice to the right of social partners to organise themselves.

| (8) | In the interest of protecting local consumers in the host Member State, temporary and occasional provision of services in Member States should be subject to safeguards, in particular a requirement of a minimum of one year’s professional experience during the last 10 years preceding the provision of services, in cases where the profession is not regulated in the home Member State. In the case of seasonal activities, Member States should have the possibility to carry out controls in order to verify the temporary and occasional nature of the services provided on their territory. To that end, the host Member State should be able to require, once a year, information about the services actually provided on its territory, in cases where such information has not been already communicated on a voluntary basis by the service provider. |
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(8)

In the interest of protecting local consumers in the host Member State, temporary and occasional provision of services in Member States should be subject to safeguards, in particular a requirement of a minimum of one year’s professional experience during the last 10 years preceding the provision of services, in cases where the profession is not regulated in the home Member State. In the case of seasonal activities, Member States should have the possibility to carry out controls in order to verify the temporary and occasional nature of the services provided on their territory. To that end, the host Member State should be able to require, once a year, information about the services actually provided on its territory, in cases where such information has not been already communicated on a voluntary basis by the service provider.

| (9) | Directive 2005/36/EC allows Member States to check the professional qualifications of the service provider prior to the first provision of service in the case of regulated professions that have public health or safety implications. This has led to legal uncertainty leaving it to the discretion of a competent authority to decide on the need for such a prior check. In order to ensure legal certainty, professionals should know from the outset whether a prior check of professional qualifications is necessary and when a decision can be expected. In any event, the conditions for such prior checks of professional qualifications under the free provision of services should not be more stringent than under the establishment rules. In the case of regulated professions that have public health or safety implications, Directive 2005/36/EC should be without prejudice to the possibility for Member States to impose an insurance cover obligation related to the professional acts in accordance with the rules applicable under Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (9) and Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (10). |
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(9)

Directive 2005/36/EC allows Member States to check the professional qualifications of the service provider prior to the first provision of service in the case of regulated professions that have public health or safety implications. This has led to legal uncertainty leaving it to the discretion of a competent authority to decide on the need for such a prior check. In order to ensure legal certainty, professionals should know from the outset whether a prior check of professional qualifications is necessary and when a decision can be expected. In any event, the conditions for such prior checks of professional qualifications under the free provision of services should not be more stringent than under the establishment rules. In the case of regulated professions that have public health or safety implications, Directive 2005/36/EC should be without prejudice to the possibility for Member States to impose an insurance cover obligation related to the professional acts in accordance with the rules applicable under Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (9) and Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (10).

| (10) | Vocational education and training systems have proved to be a useful tool for ensuring youth employment and enabling a smooth transition from training into working life. The review of Directive 2005/36/EC should therefore take their specificities fully into account. |
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(10)

Vocational education and training systems have proved to be a useful tool for ensuring youth employment and enabling a smooth transition from training into working life. The review of Directive 2005/36/EC should therefore take their specificities fully into account.

| (11) | In order to apply the mechanism of recognition under the general system, it is necessary to group the various national education and training schemes into different levels. Those levels, which are established only for the purpose of the operation of the general system, should have no effect on the national education and training structures or on the competence of Member States in that field, including national policy for implementing the European Qualifications Framework (EQF). The EQF is a tool designed to promote the transparency and comparability of professional qualifications and can be a useful additional source of information for the competent authorities examining professional qualifications issued in other Member States. Following the Bologna process, higher education institutions have adapted the structure of their programmes to a two-cycle Bachelor’s and Master’s degree system. In order to ensure that the five levels outlined under Directive 2005/36/EC are consistent with this new degree structure, Bachelor’s degree should be classified under level d and Master’s degree under level e. The five levels established for the operation of the general system should in principle no longer be used as a criterion for excluding Union citizens from the scope of Directive 2005/36/EC when this would be contrary to the principle of lifelong learning. |
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(11)

In order to apply the mechanism of recognition under the general system, it is necessary to group the various national education and training schemes into different levels. Those levels, which are established only for the purpose of the operation of the general system, should have no effect on the national education and training structures or on the competence of Member States in that field, including national policy for implementing the European Qualifications Framework (EQF). The EQF is a tool designed to promote the transparency and comparability of professional qualifications and can be a useful additional source of information for the competent authorities examining professional qualifications issued in other Member States. Following the Bologna process, higher education institutions have adapted the structure of their programmes to a two-cycle Bachelor’s and Master’s degree system. In order to ensure that the five levels outlined under Directive 2005/36/EC are consistent with this new degree structure, Bachelor’s degree should be classified under level d and Master’s degree under level e. The five levels established for the operation of the general system should in principle no longer be used as a criterion for excluding Union citizens from the scope of Directive 2005/36/EC when this would be contrary to the principle of lifelong learning.

| (12) | Applications for recognition from professionals who come from non-regulating Member States and who have one year of professional experience should be treated in the same way as those of professionals who come from a regulating Member State. Their professional qualifications should be compared to the professional qualifications required in the host Member State on the basis of the professional qualification levels set out in Directive 2005/36/EC. In the event of substantial differences, the competent authority should be able to impose compensation measures. Any mechanisms for assessing theoretical knowledge and practical skills which might be required for access to the profession as compensation measures, should guarantee and comply with the principles of transparency and impartiality. |
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(12)

Applications for recognition from professionals who come from non-regulating Member States and who have one year of professional experience should be treated in the same way as those of professionals who come from a regulating Member State. Their professional qualifications should be compared to the professional qualifications required in the host Member State on the basis of the professional qualification levels set out in Directive 2005/36/EC. In the event of substantial differences, the competent authority should be able to impose compensation measures. Any mechanisms for assessing theoretical knowledge and practical skills which might be required for access to the profession as compensation measures, should guarantee and comply with the principles of transparency and impartiality.

| (13) | In the absence of harmonisation of the minimum training conditions for access to the professions governed by the general system, it should remain possible for the host Member State to impose a compensation measure. Any such measure should be proportionate and, in particular, take account of the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning, formally validated to that end by a relevant body. The decision imposing a compensation measure should be duly justified in order to enable the applicant to better understand his situation and to seek judicial review before national courts under Directive 2005/36/EC. |
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(13)

In the absence of harmonisation of the minimum training conditions for access to the professions governed by the general system, it should remain possible for the host Member State to impose a compensation measure. Any such measure should be proportionate and, in particular, take account of the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning, formally validated to that end by a relevant body. The decision imposing a compensation measure should be duly justified in order to enable the applicant to better understand his situation and to seek judicial review before national courts under Directive 2005/36/EC.

| (14) | The review of Directive 2005/36/EC has shown a need to update and clarify with more flexibility the lists of industrial, commercial and craft activities in Annex IV, while maintaining a system of automatic recognition for those activities based on professional experience. Annex IV is currently based on the International Standard Industrial Classification of all Economic Activities (ISIC) dated from 1958 and no longer reflects the current structure of economic activities. The ISIC classification has been reviewed several times since 1958. Therefore, the Commission should be able to adapt Annex IV in order to maintain intact the system of automatic recognition. |
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(14)

The review of Directive 2005/36/EC has shown a need to update and clarify with more flexibility the lists of industrial, commercial and craft activities in Annex IV, while maintaining a system of automatic recognition for those activities based on professional experience. Annex IV is currently based on the International Standard Industrial Classification of all Economic Activities (ISIC) dated from 1958 and no longer reflects the current structure of economic activities. The ISIC classification has been reviewed several times since 1958. Therefore, the Commission should be able to adapt Annex IV in order to maintain intact the system of automatic recognition.

| (15) | Continuous professional development contributes to the safe and effective practice of professionals who benefit from the automatic recognition of their professional qualifications. It is important to encourage the further strengthening of continuous professional development for those professions. Member States should in particular encourage continuous professional development for doctors of medicine, medical specialists, general practitioners, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects. The measures taken by Member States to promote continuous professional development for those professions should be communicated to the Commission, and Member States should exchange best practice in that area. Continuous professional development should cover technical, scientific, regulatory and ethical developments and motivate professionals to participate in lifelong learning relevant to their profession. |
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(15)

Continuous professional development contributes to the safe and effective practice of professionals who benefit from the automatic recognition of their professional qualifications. It is important to encourage the further strengthening of continuous professional development for those professions. Member States should in particular encourage continuous professional development for doctors of medicine, medical specialists, general practitioners, nurses responsible for general care, dental practitioners, specialised dental practitioners, veterinary surgeons, midwives, pharmacists and architects. The measures taken by Member States to promote continuous professional development for those professions should be communicated to the Commission, and Member States should exchange best practice in that area. Continuous professional development should cover technical, scientific, regulatory and ethical developments and motivate professionals to participate in lifelong learning relevant to their profession.

| (16) | The system of automatic recognition on the basis of harmonised minimum training requirements depends on the timely notification of new or changed evidence of formal qualifications by the Member States and their publication by the Commission. Otherwise, holders of such qualifications have no guarantees that they can benefit from automatic recognition. In order to increase transparency and facilitate the examination of newly notified titles, Member States should provide information about the duration and content of the training programmes, which need to be in compliance with the minimum training requirements laid down in Directive 2005/36/EC. |
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(16)

The system of automatic recognition on the basis of harmonised minimum training requirements depends on the timely notification of new or changed evidence of formal qualifications by the Member States and their publication by the Commission. Otherwise, holders of such qualifications have no guarantees that they can benefit from automatic recognition. In order to increase transparency and facilitate the examination of newly notified titles, Member States should provide information about the duration and content of the training programmes, which need to be in compliance with the minimum training requirements laid down in Directive 2005/36/EC.

| (17) | European Credit Transfer and Accumulation System (ECTS) credits are already used in a large majority of higher education institutions in the Union and their use is becoming more common also in courses leading to the qualifications required for the exercise of a regulated profession. Therefore, it is necessary to introduce the possibility to express the duration of a programme also in ECTS. That possibility should not affect the other requirements for automatic recognition. One ECTS credit corresponds to 25-30 hours of study whereas 60 credits are normally required for the completion of one academic year. |
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(17)

European Credit Transfer and Accumulation System (ECTS) credits are already used in a large majority of higher education institutions in the Union and their use is becoming more common also in courses leading to the qualifications required for the exercise of a regulated profession. Therefore, it is necessary to introduce the possibility to express the duration of a programme also in ECTS. That possibility should not affect the other requirements for automatic recognition. One ECTS credit corresponds to 25-30 hours of study whereas 60 credits are normally required for the completion of one academic year.

| (18) | In the interest of ensuring a high level of public health and patient safety within the Union and modernising Directive 2005/36/EC, it is necessary to modify the criteria used to define the basic medical training so that conditions relating to the minimum number of years and hours become cumulative. The objective of this modification is not to lower the training requirements for basic medical education. |
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(18)

In the interest of ensuring a high level of public health and patient safety within the Union and modernising Directive 2005/36/EC, it is necessary to modify the criteria used to define the basic medical training so that conditions relating to the minimum number of years and hours become cumulative. The objective of this modification is not to lower the training requirements for basic medical education.

| (19) | In the interest of enhancing the mobility of medical specialists who have already obtained a medical specialist qualification and afterwards follow another specialist training, Member States should be allowed to grant exemptions from some part of the training if such elements of the later training have already been completed during the former medical specialist training programme in a Member State. Member States should be allowed to grant, within certain boundaries, such exemptions for medical specialties which are covered by the automatic recognition system. |
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(19)

In the interest of enhancing the mobility of medical specialists who have already obtained a medical specialist qualification and afterwards follow another specialist training, Member States should be allowed to grant exemptions from some part of the training if such elements of the later training have already been completed during the former medical specialist training programme in a Member State. Member States should be allowed to grant, within certain boundaries, such exemptions for medical specialties which are covered by the automatic recognition system.

| (20) | The nursing profession has significantly evolved in the last three decades: community-based healthcare, the use of more complex therapies and constantly developing technology presuppose a capacity for higher responsibilities for nurses. Nurse training, the organisation of which still differs according to national traditions, should provide a more robust and more output-oriented assurance that the professional has acquired certain knowledge and skills during the training, and is able to apply at least certain competences in order to pursue the activities relevant to the profession. |
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(20)

The nursing profession has significantly evolved in the last three decades: community-based healthcare, the use of more complex therapies and constantly developing technology presuppose a capacity for higher responsibilities for nurses. Nurse training, the organisation of which still differs according to national traditions, should provide a more robust and more output-oriented assurance that the professional has acquired certain knowledge and skills during the training, and is able to apply at least certain competences in order to pursue the activities relevant to the profession.

| (21) | In order to prepare midwives to meet complex healthcare needs relating to their activities, midwifery trainees should have a solid general education background before they start midwifery training. Therefore, admission to midwifery training should be increased to 12 years of general education or successful examination of an equivalent level, except in the case of professionals who are already qualified as a nurse responsible for general care. Training of midwives should provide better assurance that the professional has acquired certain knowledge and skills necessary to pursue the activities of a midwife referred to in Directive 2005/36/EC. |
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(21)

In order to prepare midwives to meet complex healthcare needs relating to their activities, midwifery trainees should have a solid general education background before they start midwifery training. Therefore, admission to midwifery training should be increased to 12 years of general education or successful examination of an equivalent level, except in the case of professionals who are already qualified as a nurse responsible for general care. Training of midwives should provide better assurance that the professional has acquired certain knowledge and skills necessary to pursue the activities of a midwife referred to in Directive 2005/36/EC.

| (22) | To simplify the system for automatic recognition of medical and dental specialties, such specialties should be covered by Directive 2005/36/EC if they are common to at least two-fifths of the Member States. |
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(22)

To simplify the system for automatic recognition of medical and dental specialties, such specialties should be covered by Directive 2005/36/EC if they are common to at least two-fifths of the Member States.

| (23) | A significant number of Member States have decided to allow access to all activities in the field of pharmacy and the pursuit of these activities based on the recognition of qualifications of pharmacists acquired in another Member State since the entry into force of Directive 2005/36/EC. Such recognition of a professional qualification acquired in another Member State should not, however, prevent a Member State from maintaining non-discriminatory rules governing any geographical distribution of pharmacies on their territory because Directive 2005/36/EC does not coordinate such rules. However, any derogation from the automatic recognition of qualifications which is still necessary for a Member State should no longer exclude pharmacists who are already recognised by the Member State using such derogation and who have already been lawfully and effectively practising as a pharmacist for a certain period on the territory of that Member State. |
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(23)

A significant number of Member States have decided to allow access to all activities in the field of pharmacy and the pursuit of these activities based on the recognition of qualifications of pharmacists acquired in another Member State since the entry into force of Directive 2005/36/EC. Such recognition of a professional qualification acquired in another Member State should not, however, prevent a Member State from maintaining non-discriminatory rules governing any geographical distribution of pharmacies on their territory because Directive 2005/36/EC does not coordinate such rules. However, any derogation from the automatic recognition of qualifications which is still necessary for a Member State should no longer exclude pharmacists who are already recognised by the Member State using such derogation and who have already been lawfully and effectively practising as a pharmacist for a certain period on the territory of that Member State.

| (24) | The functioning of the system of automatic recognition depends on confidence in the training conditions which underpin the qualifications of the professionals. Therefore, it is important that the minimum training conditions of architects reflect new developments in architectural education, in particular with respect to the recognised need to supplement academic training with professional experience under the supervision of qualified architects. At the same time, the minimum training conditions should be flexible enough to avoid unduly restricting the ability of Member States to organise their education systems. |
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(24)

The functioning of the system of automatic recognition depends on confidence in the training conditions which underpin the qualifications of the professionals. Therefore, it is important that the minimum training conditions of architects reflect new developments in architectural education, in particular with respect to the recognised need to supplement academic training with professional experience under the supervision of qualified architects. At the same time, the minimum training conditions should be flexible enough to avoid unduly restricting the ability of Member States to organise their education systems.

| (25) | Directive 2005/36/EC should, through the introduction of common training principles, promote a more automatic character of recognition of professional qualifications for those professions which do not currently benefit from it. This should take account of the competence of Member States to decide the professional qualifications required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and training. Common training principles should take the form of common training frameworks based on a common set of knowledge, skills and competences or common training tests. It should be possible for common training frameworks also to cover specialties that currently do not benefit from automatic recognition provisions under Directive 2005/36/EC and that relate to professions encompassed by Chapter III of Title III and that have clearly defined specific activities reserved to them. Common training frameworks on such specialties, in particular medical specialties, should offer a high level of public health and patient safety. Professional qualifications obtained under common training frameworks should automatically be recognised by Member States. Professional organisations which are representative at Union level and, under certain circumstances, national professional organisations or competent authorities should be able to submit suggestions for common training principles to the Commission, in order to allow for an assessment with the national coordinators of the possible consequences of such principles for the national education and training systems, as well as for the national rules governing access to regulated professions. |
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(25)

Directive 2005/36/EC should, through the introduction of common training principles, promote a more automatic character of recognition of professional qualifications for those professions which do not currently benefit from it. This should take account of the competence of Member States to decide the professional qualifications required for the pursuit of professions in their territory as well as the contents and the organisation of their systems of education and training. Common training principles should take the form of common training frameworks based on a common set of knowledge, skills and competences or common training tests. It should be possible for common training frameworks also to cover specialties that currently do not benefit from automatic recognition provisions under Directive 2005/36/EC and that relate to professions encompassed by Chapter III of Title III and that have clearly defined specific activities reserved to them. Common training frameworks on such specialties, in particular medical specialties, should offer a high level of public health and patient safety. Professional qualifications obtained under common training frameworks should automatically be recognised by Member States. Professional organisations which are representative at Union level and, under certain circumstances, national professional organisations or competent authorities should be able to submit suggestions for common training principles to the Commission, in order to allow for an assessment with the national coordinators of the possible consequences of such principles for the national education and training systems, as well as for the national rules governing access to regulated professions.

| (26) | Directive 2005/36/EC already provides for the obligation for professionals to have the necessary language skills. The review of the application of that obligation has shown a need to clarify the role of competent authorities and employers, in particular in the interest of better ensuring patient safety. Competent authorities should be able to apply language controls after recognition of professional qualifications. It is important for professions that have patient safety implications in particular that language controls under Directive 2005/36/EC be applied before the professional accesses the profession in the host Member State. Language controls should however be reasonable and necessary for the professions in question and should not aim at excluding professionals from other Member States from the labour market in the host Member State. In order to ensure respect of the principle of proportionality, and in the interests of enhancing the mobility of professionals in the Union, the controls carried out by, or under the supervision of, a competent authority should be limited to the knowledge of one official language of the host Member State, or one administrative language of the host Member State, provided that it is also an official language of the Union. This should not preclude host Member States from encouraging professionals to acquire another language at a later stage if necessary for the professional activity to be pursued. Employers should also continue to play an important role in ascertaining the knowledge of languages necessary to carry out professional activities in their workplaces. |
| --- | --- |

(26)

Directive 2005/36/EC already provides for the obligation for professionals to have the necessary language skills. The review of the application of that obligation has shown a need to clarify the role of competent authorities and employers, in particular in the interest of better ensuring patient safety. Competent authorities should be able to apply language controls after recognition of professional qualifications. It is important for professions that have patient safety implications in particular that language controls under Directive 2005/36/EC be applied before the professional accesses the profession in the host Member State. Language controls should however be reasonable and necessary for the professions in question and should not aim at excluding professionals from other Member States from the labour market in the host Member State. In order to ensure respect of the principle of proportionality, and in the interests of enhancing the mobility of professionals in the Union, the controls carried out by, or under the supervision of, a competent authority should be limited to the knowledge of one official language of the host Member State, or one administrative language of the host Member State, provided that it is also an official language of the Union. This should not preclude host Member States from encouraging professionals to acquire another language at a later stage if necessary for the professional activity to be pursued. Employers should also continue to play an important role in ascertaining the knowledge of languages necessary to carry out professional activities in their workplaces.

| (27) | National rules organising the access to regulated professions should not constitute an obstacle to the mobility of young graduates. Therefore, when a graduate completes a professional traineeship in another Member State, the traineeship in question should be recognised when the graduate applies for accessing a regulated profession in the home Member State. The recognition of a professional traineeship completed in another Member State should be based on a clear written description of learning objectives and assigned tasks, to be determined by the trainee’s supervisor in the host Member State. Professional traineeships completed in third countries should be taken into account by Member States when considering a request to access a regulated profession. |
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(27)

National rules organising the access to regulated professions should not constitute an obstacle to the mobility of young graduates. Therefore, when a graduate completes a professional traineeship in another Member State, the traineeship in question should be recognised when the graduate applies for accessing a regulated profession in the home Member State. The recognition of a professional traineeship completed in another Member State should be based on a clear written description of learning objectives and assigned tasks, to be determined by the trainee’s supervisor in the host Member State. Professional traineeships completed in third countries should be taken into account by Member States when considering a request to access a regulated profession.

| (28) | Directive 2005/36/EC provides for a system of national contact points. Due to the entry into force of Directive 2006/123/EC and the establishment of points of single contact under that Directive, there is a risk of overlap. Therefore, the national contact points established by Directive 2005/36/EC should become assistance centres which should focus their activities on providing advice and assistance to citizens, including face-to-face advice, in order to ensure that the daily application of internal market rules in complex individual cases of citizens is followed up at national level. Where necessary, the assistance centres would liaise with competent authorities and assistance centres of other Member States. In respect of the European Professional Card, Member States should be free to decide whether the assistance centres are either to act as a competent authority in the home Member State or to support the relevant competent authority in the handling of applications for a European Professional Card and processing of the applicant’s individual file created within IMI (IMI file). In the context of free provision of services, if the profession concerned is not regulated in the home Member State, the assistance centres may also participate in the exchange of information envisaged for the purpose of administrative cooperation. |
| --- | --- |

(28)

Directive 2005/36/EC provides for a system of national contact points. Due to the entry into force of Directive 2006/123/EC and the establishment of points of single contact under that Directive, there is a risk of overlap. Therefore, the national contact points established by Directive 2005/36/EC should become assistance centres which should focus their activities on providing advice and assistance to citizens, including face-to-face advice, in order to ensure that the daily application of internal market rules in complex individual cases of citizens is followed up at national level. Where necessary, the assistance centres would liaise with competent authorities and assistance centres of other Member States. In respect of the European Professional Card, Member States should be free to decide whether the assistance centres are either to act as a competent authority in the home Member State or to support the relevant competent authority in the handling of applications for a European Professional Card and processing of the applicant’s individual file created within IMI (IMI file). In the context of free provision of services, if the profession concerned is not regulated in the home Member State, the assistance centres may also participate in the exchange of information envisaged for the purpose of administrative cooperation.

| (29) | This Directive contributes to ensuring a high level of health and consumer protection. Directive 2005/36/EC already provides for detailed obligations for Member States to exchange information. Those obligations should be reinforced. In future, Member States should not only react to requests for information but their competent authorities should also be empowered within the boundaries of their competences to proactively alert the competent authorities of other Member States about professionals who are no longer entitled to practise their profession. A specific alert mechanism is necessary for health professionals under Directive 2005/36/EC. This should also apply to veterinary surgeons as well as to professionals exercising activities relating to the education of minors, including professionals working in childcare and early childhood education. The obligation to send an alert should apply only to the Member States where such professions are regulated. All Member States should be alerted if a professional is no longer entitled, due to a disciplinary action or criminal conviction, to practise, even temporarily, the professional activities in a Member State. The alert should contain any available details of the definite or indefinite period to which the restriction or prohibition applies. This alert should be activated through IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and fundamental rights. The alert procedure should not be designed to replace or adapt any arrangements between Member States on cooperation in the field of justice and home affairs. Competent authorities under Directive 2005/36/EC should also not be required to contribute to such cooperation via alerts provided for under that Directive. |
| --- | --- |

(29)

This Directive contributes to ensuring a high level of health and consumer protection. Directive 2005/36/EC already provides for detailed obligations for Member States to exchange information. Those obligations should be reinforced. In future, Member States should not only react to requests for information but their competent authorities should also be empowered within the boundaries of their competences to proactively alert the competent authorities of other Member States about professionals who are no longer entitled to practise their profession. A specific alert mechanism is necessary for health professionals under Directive 2005/36/EC. This should also apply to veterinary surgeons as well as to professionals exercising activities relating to the education of minors, including professionals working in childcare and early childhood education. The obligation to send an alert should apply only to the Member States where such professions are regulated. All Member States should be alerted if a professional is no longer entitled, due to a disciplinary action or criminal conviction, to practise, even temporarily, the professional activities in a Member State. The alert should contain any available details of the definite or indefinite period to which the restriction or prohibition applies. This alert should be activated through IMI regardless of whether the professional has exercised any of the rights under Directive 2005/36/EC or has applied for recognition of his professional qualifications through the issuance of a European Professional Card or through any other method provided for by that Directive. The alert procedure should comply with Union law on the protection of personal data and fundamental rights. The alert procedure should not be designed to replace or adapt any arrangements between Member States on cooperation in the field of justice and home affairs. Competent authorities under Directive 2005/36/EC should also not be required to contribute to such cooperation via alerts provided for under that Directive.

| (30) | One of the major difficulties faced by a citizen who is interested in working in another Member State is the complexity and uncertainty of administrative procedures with which they have to comply. Directive 2006/123/EC already obliges Member States to provide easy access to information and to make it possible to complete procedures through the points of single contact. Citizens seeking recognition of their professional qualifications under Directive 2005/36/EC can already use the points of single contact if they are covered by Directive 2006/123/EC. However, job seekers and health professionals are not covered by Directive 2006/123/EC and available information remains scarce. There is therefore a need, from the user’s perspective, to specify that information and to ensure that such information is easily available. It is also important that Member States not only take responsibility at national level but also cooperate with each other and the Commission to ensure that professionals throughout the Union have easy access to user-friendly and multilingual information and are able to easily complete procedures through the points of single contact or the relevant competent authorities. Links should be made available through other websites, such as the Your Europe portal. |
| --- | --- |

(30)

One of the major difficulties faced by a citizen who is interested in working in another Member State is the complexity and uncertainty of administrative procedures with which they have to comply. Directive 2006/123/EC already obliges Member States to provide easy access to information and to make it possible to complete procedures through the points of single contact. Citizens seeking recognition of their professional qualifications under Directive 2005/36/EC can already use the points of single contact if they are covered by Directive 2006/123/EC. However, job seekers and health professionals are not covered by Directive 2006/123/EC and available information remains scarce. There is therefore a need, from the user’s perspective, to specify that information and to ensure that such information is easily available. It is also important that Member States not only take responsibility at national level but also cooperate with each other and the Commission to ensure that professionals throughout the Union have easy access to user-friendly and multilingual information and are able to easily complete procedures through the points of single contact or the relevant competent authorities. Links should be made available through other websites, such as the Your Europe portal.

| (31) | In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the updating of knowledge and skills referred to in Article 21(6), the updating of Annex I, the updating and clarifying the activities listed in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, adapting the minimum periods of training of medical and dental specialists, the inclusion in point 5.1.3 of Annex V of new medical specialties, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, the inclusion in point 5.3.3 of Annex V of new dental specialties, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(31)

In order to supplement or amend certain non-essential elements of Directive 2005/36/EC, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the updating of knowledge and skills referred to in Article 21(6), the updating of Annex I, the updating and clarifying the activities listed in Annex IV, the adaptations of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, adapting the minimum periods of training of medical and dental specialists, the inclusion in point 5.1.3 of Annex V of new medical specialties, the amendments to the list set out in points 5.2.1, 5.3.1, 5.4.1, 5.5.1 and 5.6.1 of Annex V, the inclusion in point 5.3.3 of Annex V of new dental specialties, specifying the conditions of application of common training frameworks, and specifying the conditions of application of common training tests. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (32) | In order to ensure uniform conditions for the implementation of Directive 2005/36/EC, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (11). |
| --- | --- |

(32)

In order to ensure uniform conditions for the implementation of Directive 2005/36/EC, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (11).

| (33) | Due to the technical nature of those implementing acts, the examination procedure should be used for the adoption of implementing acts concerning the introduction of European Professional Cards for particular professions, the format of the European Professional Card, the processing of written applications, the translations to be provided by the applicant to support any application for a European Professional Card, details of documents required under Directive 2005/36/EC to present a complete application, procedures for making and processing payments for that Card, rules for how, when and for which documents competent authorities may request certified copies for the profession concerned, the technical specifications and the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for issuing a European Professional Card, rules concerning the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card, and the application of the alert mechanism. |
| --- | --- |

(33)

Due to the technical nature of those implementing acts, the examination procedure should be used for the adoption of implementing acts concerning the introduction of European Professional Cards for particular professions, the format of the European Professional Card, the processing of written applications, the translations to be provided by the applicant to support any application for a European Professional Card, details of documents required under Directive 2005/36/EC to present a complete application, procedures for making and processing payments for that Card, rules for how, when and for which documents competent authorities may request certified copies for the profession concerned, the technical specifications and the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, the conditions and the procedures for issuing a European Professional Card, rules concerning the conditions of access to the IMI file, the technical means and the procedures for the verification of the authenticity and validity of a European Professional Card, and the application of the alert mechanism.

| (34) | The Commission should, by means of implementing acts and, given their specific features, acting without the application of Regulation (EU) No 182/2011, decide to reject a requested update of Annex I where the conditions set out in Directive 2005/36/EC are not fulfilled, ask the relevant Member State to refrain from applying the derogation as regards the choice between the adaptation period and aptitude test where that derogation is inappropriate or is not in accordance with Union law, reject requested amendments of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 or 5.7.1 of Annex V where the conditions set out in Directive 2005/36/EC are not fulfilled, list the national professional qualifications and national professional titles benefiting from automatic recognition under common training framework, list the Member States in which the common training tests are to be organised, the frequency during a calendar year and other arrangements necessary for organising common training tests, and permit the Member State concerned to derogate from the relevant provisions of Directive 2005/36/EC for a limited period of time. |
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(34)

The Commission should, by means of implementing acts and, given their specific features, acting without the application of Regulation (EU) No 182/2011, decide to reject a requested update of Annex I where the conditions set out in Directive 2005/36/EC are not fulfilled, ask the relevant Member State to refrain from applying the derogation as regards the choice between the adaptation period and aptitude test where that derogation is inappropriate or is not in accordance with Union law, reject requested amendments of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 or 5.7.1 of Annex V where the conditions set out in Directive 2005/36/EC are not fulfilled, list the national professional qualifications and national professional titles benefiting from automatic recognition under common training framework, list the Member States in which the common training tests are to be organised, the frequency during a calendar year and other arrangements necessary for organising common training tests, and permit the Member State concerned to derogate from the relevant provisions of Directive 2005/36/EC for a limited period of time.

| (35) | Following the positive experience with the mutual evaluation under Directive 2006/123/EC, a similar evaluation system should be included in Directive 2005/36/EC. Member States should notify which professions they regulate, for which reasons, and discuss amongst themselves their findings. Such a system would contribute to more transparency in the professional services market. |
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(35)

Following the positive experience with the mutual evaluation under Directive 2006/123/EC, a similar evaluation system should be included in Directive 2005/36/EC. Member States should notify which professions they regulate, for which reasons, and discuss amongst themselves their findings. Such a system would contribute to more transparency in the professional services market.

| (36) | The Commission should in due course assess the recognition regime applicable to the evidence of formal qualifications as a nurse responsible for general care issued in Romania. Such an assessment should be based on the results of a special upgrading programme, which Romania should set up in accordance with its national laws, regulations and administrative provisions, and for which it should liaise with other Member States and the Commission. The purpose of such special upgrading programme should be to enable participants in that programme to upgrade their professional qualification to successfully satisfy all the minimum training requirements set out in Directive 2005/36/EC. |
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(36)

The Commission should in due course assess the recognition regime applicable to the evidence of formal qualifications as a nurse responsible for general care issued in Romania. Such an assessment should be based on the results of a special upgrading programme, which Romania should set up in accordance with its national laws, regulations and administrative provisions, and for which it should liaise with other Member States and the Commission. The purpose of such special upgrading programme should be to enable participants in that programme to upgrade their professional qualification to successfully satisfy all the minimum training requirements set out in Directive 2005/36/EC.

| (37) | Since the objectives of this Directive, namely the rationalisation, simplification and improvement of the rules for the recognition of professional qualifications, cannot be sufficiently achieved by the Member States as it would inevitably result in divergent requirements and procedural regimes increasing regulatory complexity and causing unwarranted obstacles to mobility of professionals but can rather, by reason of coherence, transparency and compatibility, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. |
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(37)

Since the objectives of this Directive, namely the rationalisation, simplification and improvement of the rules for the recognition of professional qualifications, cannot be sufficiently achieved by the Member States as it would inevitably result in divergent requirements and procedural regimes increasing regulatory complexity and causing unwarranted obstacles to mobility of professionals but can rather, by reason of coherence, transparency and compatibility, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

| (38) | In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents (12), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified. |
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(38)

In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents (12), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

| (39) | The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (13) and delivered an opinion on 8 March 2012 (14). |
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(39)

The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (13) and delivered an opinion on 8 March 2012 (14).

| (40) | Directive 2005/36/EC and Regulation (EU) No 1024/2012 should therefore be amended accordingly, |
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(40)

Directive 2005/36/EC and Regulation (EU) No 1024/2012 should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2005/36/EC

Directive 2005/36/EC is amended as follows:

| (1) | in Article 1, the following paragraph is added:
  ‘This Directive also establishes rules concerning partial access to a regulated profession and recognition of professional traineeships pursued in another Member State.’; |
| --- | --- |

(1)

in Article 1, the following paragraph is added:

‘This Directive also establishes rules concerning partial access to a regulated profession and recognition of professional traineeships pursued in another Member State.’;

| (2) | Article 2 is amended as follows:






  (a) | in paragraph 1, the following subparagraph is added:
  ‘This Directive shall also apply to all nationals of a Member State who have pursued a professional traineeship outside the home Member State.’; |
| --- | --- | --- |

(2)

Article 2 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

‘This Directive shall also apply to all nationals of a Member State who have pursued a professional traineeship outside the home Member State.’;

| (b) | the following paragraph is added:

  ‘4.   This Directive shall not apply to notaries who are appointed by an official act of government.’; |
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(b)

the following paragraph is added:

‘4.   This Directive shall not apply to notaries who are appointed by an official act of government.’;

| (3) | Article 3 is amended as follows:






  (a) | paragraph 1 is amended as follows:






  (i) | points (f) and (h) are replaced by the following:
  ‘(f)   ‘professional experience’: the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a Member State;
  (h)   ‘aptitude test’: a test of the professional knowledge, skills and competences of the applicant, carried out or recognised by the competent authorities of the host Member State with the aim of assessing the ability of the applicant to pursue a regulated profession in that Member State.
  In order to permit this test to be carried out, the competent authorities shall draw up a list of subjects which, on the basis of a comparison of the education and training required in the host Member State and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant.
  The aptitude test must take account of the fact that the applicant is a qualified professional in the home Member State or the Member State from which the applicant comes. It shall cover subjects to be selected from those on the list, knowledge of which is essential in order to be able to pursue the profession in question in the host Member State. The test may also cover knowledge of the professional rules applicable to the activities in question in the host Member State.
  The detailed application of the aptitude test and the status, in the host Member State, of the applicant who wishes to prepare himself for the aptitude test in that Member State shall be determined by the competent authorities in that Member State;’; |
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(3)

Article 3 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

points (f) and (h) are replaced by the following:

‘(f)   ‘professional experience’: the actual and lawful full-time or equivalent part-time pursuit of the profession concerned in a Member State;

‘professional experience’

(h)   ‘aptitude test’: a test of the professional knowledge, skills and competences of the applicant, carried out or recognised by the competent authorities of the host Member State with the aim of assessing the ability of the applicant to pursue a regulated profession in that Member State.

‘aptitude test’

In order to permit this test to be carried out, the competent authorities shall draw up a list of subjects which, on the basis of a comparison of the education and training required in the host Member State and that received by the applicant, are not covered by the diploma or other evidence of formal qualifications possessed by the applicant.

The aptitude test must take account of the fact that the applicant is a qualified professional in the home Member State or the Member State from which the applicant comes. It shall cover subjects to be selected from those on the list, knowledge of which is essential in order to be able to pursue the profession in question in the host Member State. The test may also cover knowledge of the professional rules applicable to the activities in question in the host Member State.

The detailed application of the aptitude test and the status, in the host Member State, of the applicant who wishes to prepare himself for the aptitude test in that Member State shall be determined by the competent authorities in that Member State;’;

| (ii) | the following points are added:
  ‘(j)   ‘professional traineeship’: without prejudice to Article 46(4), a period of professional practice carried out under supervision provided it constitutes a condition for access to a regulated profession, and which can take place either during or after completion of an education leading to a diploma;
  (k)   ‘European Professional Card’: an electronic certificate proving either that the professional has met all the necessary conditions to provide services in a host Member State on a temporary and occasional basis or the recognition of professional qualifications for establishment in a host Member State;
  (l)   ‘lifelong learning’: all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences, which may include professional ethics;
  (m)   ‘overriding reasons of general interest’: reasons recognised as such in the case-law of the Court of Justice of the European Union;
  (n)   ‘European Credit Transfer and Accumulation System or ECTS credits’: the credit system for higher education used in the European Higher Education Area.’; |
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(ii)

the following points are added:

‘(j)   ‘professional traineeship’: without prejudice to Article 46(4), a period of professional practice carried out under supervision provided it constitutes a condition for access to a regulated profession, and which can take place either during or after completion of an education leading to a diploma;

‘professional traineeship’

(k)   ‘European Professional Card’: an electronic certificate proving either that the professional has met all the necessary conditions to provide services in a host Member State on a temporary and occasional basis or the recognition of professional qualifications for establishment in a host Member State;

‘European Professional Card’

(l)   ‘lifelong learning’: all general education, vocational education and training, non-formal education and informal learning undertaken throughout life, resulting in an improvement in knowledge, skills and competences, which may include professional ethics;

‘lifelong learning’

(m)   ‘overriding reasons of general interest’: reasons recognised as such in the case-law of the Court of Justice of the European Union;

‘overriding reasons of general interest’

(n)   ‘European Credit Transfer and Accumulation System or ECTS credits’: the credit system for higher education used in the European Higher Education Area.’;

‘European Credit Transfer and Accumulation System or ECTS credits’

| (b) | in paragraph 2, the third subparagraph is replaced by the following:
  ‘On each occasion that a Member State grants recognition to an association or organisation referred to in the first subparagraph, it shall inform the Commission. The Commission shall examine whether that association or organisation fulfils the conditions provided for in the second subparagraph. In order to take due account of regulatory developments in Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c in order to update Annex I where the conditions provided for in the second subparagraph are satisfied.
  Where the conditions provided for in the second subparagraph are not satisfied, the Commission shall adopt an implementing act in order to reject the requested update of Annex I.’; |
| --- | --- |

(b)

in paragraph 2, the third subparagraph is replaced by the following:

‘On each occasion that a Member State grants recognition to an association or organisation referred to in the first subparagraph, it shall inform the Commission. The Commission shall examine whether that association or organisation fulfils the conditions provided for in the second subparagraph. In order to take due account of regulatory developments in Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c in order to update Annex I where the conditions provided for in the second subparagraph are satisfied.

Where the conditions provided for in the second subparagraph are not satisfied, the Commission shall adopt an implementing act in order to reject the requested update of Annex I.’;

| (4) | Article 4 is amended as follows:






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

  ‘1.   The recognition of professional qualifications by the host Member State shall allow beneficiaries to gain access in that Member State to the same profession as that for which they are qualified in the home Member State and to pursue it in the host Member State under the same conditions as its nationals.’; |
| --- | --- | --- |

(4)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   The recognition of professional qualifications by the host Member State shall allow beneficiaries to gain access in that Member State to the same profession as that for which they are qualified in the home Member State and to pursue it in the host Member State under the same conditions as its nationals.’;

| (b) | the following paragraph is added:

  ‘3.   By way of derogation from paragraph 1, partial access to a profession in the host Member State shall be granted under the conditions laid down in Article 4f.’; |
| --- | --- |

(b)

the following paragraph is added:

‘3.   By way of derogation from paragraph 1, partial access to a profession in the host Member State shall be granted under the conditions laid down in Article 4f.’;

| (5) | the following articles are inserted:

  ‘Article 4a
  European Professional Card

  1.   Member States shall issue holders of a professional qualification with a European Professional Card upon their request and on condition that the Commission has adopted the relevant implementing acts provided for in paragraph 7.


  2.   When a European Professional Card has been introduced for a particular profession by means of relevant implementing acts adopted pursuant to paragraph 7, the holder of a professional qualification concerned may choose to apply for such a Card or to make use of the procedures provided for in Titles II and III.


  3.   Member States shall ensure that the holder of a European Professional Card benefits from all the rights conferred by Articles 4b to 4e.


  4.   Where the holder of a professional qualification intends to provide services under Title II other than those covered by Article 7(4), the competent authority of the home Member State shall issue the European Professional Card in accordance with Articles 4b and 4c. The European Professional Card shall, where applicable, constitute the declaration under Article 7.


  5.   Where the holder of a professional qualification intends to establish himself in another Member State under Chapters I to IIIa of Title III or to provide services under Article 7(4), the competent authority of the home Member State shall complete all preparatory steps with regard to the individual file of the applicant created within the Internal Market Information System (IMI) (IMI file) as provided for in Articles 4b and 4d. The competent authority of the host Member State shall issue the European Professional Card in accordance with Articles 4b and 4d.
  For the purpose of establishment, the issuance of a European Professional Card shall not provide an automatic right to practise a particular profession if there are registration requirements or other control procedures already in place in the host Member State before a European Professional Card is introduced for that profession.


  6.   Member States shall designate competent authorities for dealing with IMI files and issuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The assistance centres referred to in Article 57b may also act in the capacity of a competent authority. Member States shall ensure that competent authorities and assistance centres inform citizens, including prospective applicants, about the functioning and the added value of a European Professional Card for the professions for which it is available.


  7.   The Commission shall, by means of implementing acts, adopt measures necessary to ensure the uniform application of the provisions on the European Professional Cards for those professions that meet the conditions laid down in the second subparagraph of this paragraph, including measures concerning the format of the European Professional Card, the processing of written applications, the translations to be provided by the applicant to support any application for a European Professional Card, details of the documents required pursuant to Article 7(2) or Annex VII to present a complete application and procedures for making and processing payments for a European Professional Card, taking into account the particularities of the profession concerned. The Commission shall also specify, by means of implementing acts, how, when and for which documents competent authorities may request certified copies in accordance with the second subparagraph of Article 4b(3), Articles 4d(2) and 4d(3) for the profession concerned.
  The introduction of a European Professional Card for a particular profession by means of the adoption of relevant implementing acts referred to in the first subparagraph shall be subject to all of the following conditions:






  (a) | there is significant mobility or potential for significant mobility in the profession concerned; |
| --- | --- | --- |

(5)

the following articles are inserted:

‘Article 4a

European Professional Card

1.   Member States shall issue holders of a professional qualification with a European Professional Card upon their request and on condition that the Commission has adopted the relevant implementing acts provided for in paragraph 7.

2.   When a European Professional Card has been introduced for a particular profession by means of relevant implementing acts adopted pursuant to paragraph 7, the holder of a professional qualification concerned may choose to apply for such a Card or to make use of the procedures provided for in Titles II and III.

3.   Member States shall ensure that the holder of a European Professional Card benefits from all the rights conferred by Articles 4b to 4e.

4.   Where the holder of a professional qualification intends to provide services under Title II other than those covered by Article 7(4), the competent authority of the home Member State shall issue the European Professional Card in accordance with Articles 4b and 4c. The European Professional Card shall, where applicable, constitute the declaration under Article 7.

5.   Where the holder of a professional qualification intends to establish himself in another Member State under Chapters I to IIIa of Title III or to provide services under Article 7(4), the competent authority of the home Member State shall complete all preparatory steps with regard to the individual file of the applicant created within the Internal Market Information System (IMI) (IMI file) as provided for in Articles 4b and 4d. The competent authority of the host Member State shall issue the European Professional Card in accordance with Articles 4b and 4d.

For the purpose of establishment, the issuance of a European Professional Card shall not provide an automatic right to practise a particular profession if there are registration requirements or other control procedures already in place in the host Member State before a European Professional Card is introduced for that profession.

6.   Member States shall designate competent authorities for dealing with IMI files and issuing European Professional Cards. Those authorities shall ensure an impartial, objective and timely processing of applications for European Professional Cards. The assistance centres referred to in Article 57b may also act in the capacity of a competent authority. Member States shall ensure that competent authorities and assistance centres inform citizens, including prospective applicants, about the functioning and the added value of a European Professional Card for the professions for which it is available.

7.   The Commission shall, by means of implementing acts, adopt measures necessary to ensure the uniform application of the provisions on the European Professional Cards for those professions that meet the conditions laid down in the second subparagraph of this paragraph, including measures concerning the format of the European Professional Card, the processing of written applications, the translations to be provided by the applicant to support any application for a European Professional Card, details of the documents required pursuant to Article 7(2) or Annex VII to present a complete application and procedures for making and processing payments for a European Professional Card, taking into account the particularities of the profession concerned. The Commission shall also specify, by means of implementing acts, how, when and for which documents competent authorities may request certified copies in accordance with the second subparagraph of Article 4b(3), Articles 4d(2) and 4d(3) for the profession concerned.

The introduction of a European Professional Card for a particular profession by means of the adoption of relevant implementing acts referred to in the first subparagraph shall be subject to all of the following conditions:

(a)

there is significant mobility or potential for significant mobility in the profession concerned;

| (b) | there is sufficient interest expressed by the relevant stakeholders; |
| --- | --- |

(b)

there is sufficient interest expressed by the relevant stakeholders;

| (c) | the profession or the education and training geared to the pursuit of the profession is regulated in a significant number of Member States. |
| --- | --- |

(c)

the profession or the education and training geared to the pursuit of the profession is regulated in a significant number of Member States.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).

8.   Any fees which applicants may incur in relation to administrative procedures to issue a European Professional Card shall be reasonable, proportionate and commensurate with the costs incurred by the home and the host Member States and shall not act as a disincentive to apply for a European Professional Card.

Article 4b

Application for a European Professional Card and creation of an IMI file

1.   The home Member State shall enable a holder of a professional qualification to apply for a European Professional Card through an on-line tool, provided by the Commission, that automatically creates an IMI file for the particular applicant. Where a home Member State allows also for written applications, it shall put in place all necessary arrangements for the creation of the IMI file, any information to be sent to the applicant and the issuance of the European Professional Card.

2.   Applications shall be supported by the documents required in the implementing acts to be adopted pursuant to Article 4a(7).

3.   Within one week of receipt of the application, the competent authority of the home Member State shall acknowledge receipt of the application and inform the applicant of any missing document.

Where applicable, the competent authority of the home Member State shall issue any supporting certificate required under this Directive. The competent authority of the home Member State shall verify whether the applicant is legally established in the home Member State and whether all the necessary documents which have been issued in the home Member State are valid and authentic. In the event of duly justified doubts, the competent authority of the home Member State shall consult the relevant body and may request from the applicant certified copies of documents. In case of subsequent applications by the same applicant, the competent authorities of the home and the host Member States may not request the re-submission of documents which are already contained in the IMI file and which are still valid.

4.   The Commission may, by means of implementing acts, adopt the technical specifications, the measures necessary to ensure integrity, confidentiality and accuracy of information contained in the European Professional Card and in the IMI file, and the conditions and the procedures for issuing a European Professional Card to its holder, including the possibility of downloading it or submitting updates for the IMI file. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).

Article 4c

European Professional Card for the temporary and occasional provision of services other than those covered by Article 7(4)

1.   The competent authority of the home Member State shall verify the application and the supporting documents in the IMI file and issue the European Professional Card for the temporary and occasional provision of services other than those covered by Article 7(4) within three weeks. That time period shall start upon receipt of the missing documents referred to in the first subparagraph of Article 4b(3) or, if no further documents were requested, upon the expiry of the one-week period referred to in that subparagraph. It shall then transmit the European Professional Card immediately to the competent authority of each host Member State concerned and shall inform the applicant accordingly. The host Member State may not require any further declaration under Article 7 for the following 18 months.

2.   The decision of the competent authority of the home Member State, or the absence of a decision within the period of three weeks referred to in paragraph 1, shall be subject to appeal under national law.

3.   If a holder of a European Professional Card wishes to provide services in Member States other than those initially mentioned in the application referred to in paragraph 1 that holder may apply for such extension. If the holder wishes to continue providing services beyond the period of 18 months referred to in paragraph 1, that holder shall inform the competent authority accordingly. In either case, that holder shall also provide any information on material changes in the situation substantiated in the IMI file that may be required by the competent authority in the home Member State in accordance with the implementing acts to be adopted pursuant to Article 4a(7). The competent authority of the home Member State shall transmit the updated European Professional Card to the host Member States concerned.

4.   The European Professional Card shall be valid in the entire territory of all the host Member States concerned for as long as its holder maintains the right to practice on the basis of the documents and information contained in the IMI file.

Article 4d

European Professional Card for establishment and for the temporary and occasional provision of services under Article 7(4)

1.   The competent authority of the home Member State shall, within one month, verify the authenticity and validity of the supporting documents in the IMI file for the purpose of issuing a European Professional Card for establishment or for the temporary and occasional provision of services under Article 7(4). That time period shall start upon receipt of the missing documents referred to in the first subparagraph of Article 4b(3) or, if no further documents were requested, upon the expiry of the one-week period referred to in that subparagraph. It shall then transmit the application immediately to the competent authority of the host Member State. The home Member State shall inform the applicant of the status of the application at the same time as it transmits the application to the host Member State.

2.   In the cases referred to in Articles 16, 21, 49a and 49b, a host Member State shall decide whether to issue a European Professional Card under paragraph 1 within one month of receipt of the application transmitted by the home Member State. In the event of duly justified doubts, the host Member State may request additional information from, or the inclusion of a certified copy of a document by, the home Member State, which the latter shall provide no later than two weeks after the submission of the request. Subject to the second subparagraph of paragraph 5, the period of one month shall apply, notwithstanding any such request.

3.   In the cases referred to in Articles 7(4) and 14, a host Member State shall decide whether to issue a European Professional Card or to subject the holder of a professional qualification to compensation measures within two months of receipt of the application transmitted by the home Member State. In the event of duly justified doubts, the host Member State may request additional information from, or the inclusion of a certified copy of a document by, the home Member State which the latter shall provide no later than two weeks after the submission of the request. Subject to the second subparagraph of paragraph 5, the period of two months shall apply, notwithstanding any such request.

4.   In the event that the host Member State does not receive the necessary information which it may require in accordance with this Directive for taking a decision on the issuance of the European Professional Card from either the home Member State or the applicant, it may refuse to issue the Card. Such refusal shall be duly justified.

5.   Where the host Member State fails to take a decision within the time limits set out in paragraphs 2 and 3 of this Article or fails to organise an aptitude test in accordance with Article 7(4), the European Professional Card shall be deemed to be issued and shall be sent automatically, through IMI, to the holder of a professional qualification.

The host Member State shall have the possibility to extend by two weeks the deadlines set out in paragraphs 2 and 3 for the automatic issuance of the European Professional Card. It shall explain the reason for the extension and inform the applicant accordingly. Such an extension may be repeated once and only where it is strictly necessary, in particular for reasons relating to public health or the safety of the service recipients.

6.   The actions taken by the home Member State in accordance with paragraph 1 shall replace any application for recognition of professional qualifications under the national law of the host Member State.

7.   The decisions of the home and the host Member State adopted under paragraphs 1 to 5 or the absence of decision by the home Member State shall be subject to appeal under the national law of the Member State concerned.

Article 4e

Processing and access to data regarding the European Professional Card

1.   Without prejudice to the presumption of innocence, the competent authorities of the home and the host Member States shall update, in a timely manner, the corresponding IMI file with information regarding disciplinary actions or criminal sanctions which relate to a prohibition or restriction and which have consequences for the pursuit of activities by the holder of a European Professional Card under this Directive. In so doing they shall respect personal data protection rules provided for in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (*1) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (*2). Such updates shall include the deletion of information which is no longer required. The holder of the European Professional Card as well as the competent authorities that have access to the corresponding IMI file shall be informed immediately of any updates. That obligation shall be without prejudice to the alert obligations for Member States under Article 56a.

2.   The content of the information updates referred to in paragraph 1 shall be limited to the following:

| (a) | the identity of the professional; |
| --- | --- |

(a)

the identity of the professional;

| (b) | the profession concerned; |
| --- | --- |

(b)

the profession concerned;

| (c) | information about the national authority or court which has adopted the decision on restriction or prohibition; |
| --- | --- |

(c)

information about the national authority or court which has adopted the decision on restriction or prohibition;

| (d) | the scope of the restriction or the prohibition; and |
| --- | --- |

(d)

the scope of the restriction or the prohibition; and

| (e) | the period for which the restriction or the prohibition applies. |
| --- | --- |

(e)

the period for which the restriction or the prohibition applies.

3.   Access to the information in the IMI file shall be limited to the competent authorities of the home and the host Member States, in accordance with Directive 95/46/EC. The competent authorities shall inform the holder of the European Professional Card of the content of the IMI file upon that holder’s request.

4.   The information included in the European Professional Card shall be limited to the information that is necessary to ascertain its holder’s right to exercise the profession for which it has been issued, namely the holder’s name, surname, date and place of birth, profession, formal qualifications, and the applicable regime, competent authorities involved, Card number, security features and reference to a valid proof of identity. Information relating to professional experience acquired, or compensation measures passed, by the holder of the European Professional Card shall be included in the IMI file.

5.   The personal data included in the IMI file may be processed for as long as it is needed for the purpose of the recognition procedure as such and as evidence of the recognition or of the transmission of the declaration required under Article 7. Member States shall ensure that the holder of a European Professional Card has the right at any time, and at no cost to that holder, to request the rectification of inaccurate or incomplete data, or the deletion or blocking of the IMI file concerned. The holder shall be informed of this right at the time the European Professional Card is issued, and reminded of it every two years thereafter. The reminder shall be sent automatically via IMI where the initial application for the European Professional Card was submitted online.

In the event of a request for deletion of an IMI file linked to a European Professional Card issued for the purpose of establishment or temporary and occasional provision of services under Article 7(4), the competent authorities of the host Member State concerned shall issue the holder of professional qualifications with evidence attesting to the recognition of his professional qualifications.

6.   In relation to the processing of personal data in the European Professional Card and all IMI files, the relevant competent authorities of the Member States shall be regarded as controllers within the meaning of point (d) of Article 2 of Directive 95/46/EC. In relation to its responsibilities under paragraphs 1 to 4 of this Article and the processing of personal data involved therein, the Commission shall be regarded as a controller within the meaning of point (d) of Article 2 of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (*3).

7.   Without prejudice to paragraph 3, host Member States shall provide that employers, customers, patients, public authorities and other interested parties may verify the authenticity and validity of a European Professional Card presented to them by the Card holder.

The Commission shall, by means of implementing acts, lay down rules concerning access to the IMI file, and the technical means and the procedures for the verification referred to in the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).

Article 4f

Partial access

1.   The competent authority of the host Member State shall grant partial access, on a case-by-case basis, to a professional activity in its territory only when all the following conditions are fulfilled:

| (a) | the professional is fully qualified to exercise in the home Member State the professional activity for which partial access is sought in the host Member State; |
| --- | --- |

(a)

the professional is fully qualified to exercise in the home Member State the professional activity for which partial access is sought in the host Member State;

| (b) | differences between the professional activity legally exercised in the home Member State and the regulated profession in the host Member State as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and training required in the host Member State to have access to the full regulated profession in the host Member State; |
| --- | --- |

(b)

differences between the professional activity legally exercised in the home Member State and the regulated profession in the host Member State as such are so large that the application of compensation measures would amount to requiring the applicant to complete the full programme of education and training required in the host Member State to have access to the full regulated profession in the host Member State;

| (c) | the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State. |
| --- | --- |

(c)

the professional activity can objectively be separated from other activities falling under the regulated profession in the host Member State.

For the purpose of point (c), the competent authority of the host Member State shall take into account whether the professional activity can be pursued autonomously in the home Member State.

2.   Partial access may be rejected if such rejection is justified by overriding reasons of general interest, suitable for securing the attainment of the objective pursued, and does not go beyond what is necessary to attain that objective.

3.   Applications for the purpose of establishment in a host Member State shall be examined in accordance with Chapters I and IV of Title III.

4.   Applications for the purpose of providing temporary and occasional services in the host Member State concerning professional activities that have public health or safety implications shall be examined in accordance with Title II.

5.   By derogation from the sixth subparagraph of Article 7(4) and Article 52(1), the professional activity shall be exercised under the professional title of the home Member State once partial access has been granted. The host Member State may require use of that professional title in the languages of the host Member State. Professionals benefiting from partial access shall clearly indicate to the service recipients the scope of their professional activities.

6.   This Article shall not apply to professionals benefiting from automatic recognition of their professional qualifications under Chapters II, III and IIIa of Title III.

(*1)  
  OJ L 281, 23.11.1995, p. 31."

*1

(*2)  
  OJ L 201, 31.7.2002, p. 37."

*2

(*3)  
  OJ L 8, 12.1.2001, p. 1.’;"

*3

| (6) | in Article 5(1), point (b) is replaced by the following:






  ‘(b) | where the service provider moves, if he has pursued that profession in one or several Member States for at least one year during the last 10 years preceding the provision of services when the profession is not regulated in the Member State of establishment. The condition of one year’s pursuit shall not apply if the profession or the education and training leading to the profession is regulated.’; |
| --- | --- | --- |

(6)

in Article 5(1), point (b) is replaced by the following:

‘(b)

where the service provider moves, if he has pursued that profession in one or several Member States for at least one year during the last 10 years preceding the provision of services when the profession is not regulated in the Member State of establishment. The condition of one year’s pursuit shall not apply if the profession or the education and training leading to the profession is regulated.’;

| (7) | Article 7 is amended as follows:






  (a) | paragraph 2 is amended as follows:






  (i) | points (d) and (e) are replaced by the following:






  ‘(d) | for cases referred to in point (b) of Article 5(1), any means of proof that the service provider has pursued the activity concerned for at least one year during the previous 10 years; |
| --- | --- | --- | --- | --- |

(7)

Article 7 is amended as follows:

(a)

paragraph 2 is amended as follows:

(i)

points (d) and (e) are replaced by the following:

‘(d)

for cases referred to in point (b) of Article 5(1), any means of proof that the service provider has pursued the activity concerned for at least one year during the previous 10 years;

| (e) | for professions in the security sector, in the health sector and professions related to the education of minors, including in childcare and early childhood education, where the Member State so requires for its own nationals, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions;’; |
| --- | --- |

(e)

for professions in the security sector, in the health sector and professions related to the education of minors, including in childcare and early childhood education, where the Member State so requires for its own nationals, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions;’;

| (ii) | the following points are added:






  ‘(f) | for professions that have patient safety implications, a declaration about the applicant’s knowledge of the language necessary for practising the profession in the host Member State; |
| --- | --- | --- |

(ii)

the following points are added:

‘(f)

for professions that have patient safety implications, a declaration about the applicant’s knowledge of the language necessary for practising the profession in the host Member State;

| (g) | for professions covering the activities referred to in Article 16 and which were notified by a Member State in accordance with Article 59(2), a certificate concerning the nature and duration of the activity issued by the competent authority or body of the Member State where the service provider is established.’; |
| --- | --- |

(g)

for professions covering the activities referred to in Article 16 and which were notified by a Member State in accordance with Article 59(2), a certificate concerning the nature and duration of the activity issued by the competent authority or body of the Member State where the service provider is established.’;

| (b) | the following paragraph is inserted:

  ‘2a.   Submission of a required declaration by the service provider in accordance with paragraph 1 shall entitle that service provider to have access to the service activity or to exercise that activity in the entire territory of the Member State concerned. A Member State may require additional information listed in paragraph 2 concerning the professional qualifications of the service provider if:






  (a) | the profession is regulated in parts of that Member State’s territory in a different manner; |
| --- | --- | --- |

(b)

the following paragraph is inserted:

‘2a.   Submission of a required declaration by the service provider in accordance with paragraph 1 shall entitle that service provider to have access to the service activity or to exercise that activity in the entire territory of the Member State concerned. A Member State may require additional information listed in paragraph 2 concerning the professional qualifications of the service provider if:

(a)

the profession is regulated in parts of that Member State’s territory in a different manner;

| (b) | such regulation is applicable also to all nationals of that Member State; |
| --- | --- |

(b)

such regulation is applicable also to all nationals of that Member State;

| (c) | the differences in such regulation are justified by overriding reasons of general interest relating to public health or safety of service recipients; and |
| --- | --- |

(c)

the differences in such regulation are justified by overriding reasons of general interest relating to public health or safety of service recipients; and

| (d) | the Member State has no other means of obtaining such information.’; |
| --- | --- |

(d)

the Member State has no other means of obtaining such information.’;

| (c) | paragraph 4 is replaced by the following:

  ‘4.   For the first provision of services, in the case of regulated professions that have public health or safety implications which do not benefit from automatic recognition under Chapter II, III or IIIa of Title III, the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider and where the check does not go beyond what is necessary for that purpose.
  No later than one month after receipt of the declaration and accompanying documents, referred to in paragraphs 1 and 2, the competent authority shall inform the service provider of its decision:






  (a) | not to check his professional qualifications; |
| --- | --- | --- |

(c)

paragraph 4 is replaced by the following:

‘4.   For the first provision of services, in the case of regulated professions that have public health or safety implications which do not benefit from automatic recognition under Chapter II, III or IIIa of Title III, the competent authority of the host Member State may check the professional qualifications of the service provider prior to the first provision of services. Such a prior check shall be possible only where the purpose of the check is to avoid serious damage to the health or safety of the service recipient due to a lack of professional qualification of the service provider and where the check does not go beyond what is necessary for that purpose.

No later than one month after receipt of the declaration and accompanying documents, referred to in paragraphs 1 and 2, the competent authority shall inform the service provider of its decision:

(a)

not to check his professional qualifications;

| (b) | having checked his professional qualifications:






  (i) | to require the service provider to take an aptitude test; or |
| --- | --- | --- |

(b)

having checked his professional qualifications:

(i)

to require the service provider to take an aptitude test; or

| (ii) | to allow the provision of services. |
| --- | --- |

(ii)

to allow the provision of services.

Where there is a difficulty which would result in delay in taking a decision under the second subparagraph, the competent authority shall notify the service provider of the reason for the delay within the same deadline. The difficulty shall be solved within one month of that notification and the decision finalised within two months of resolution of the difficulty.

Where there is a substantial difference between the professional qualifications of the service provider and the training required in the host Member State, to the extent that that difference is such as to be harmful to public health or safety, and that it cannot be compensated by the service provider’s professional experience or by knowledge, skills and competences acquired through lifelong learning formally validated to that end by a relevant body, the host Member State shall give that service provider the opportunity to show, by means of an aptitude test, as referred to in point (b) of the second subparagraph, that they have acquired the knowledge, skills or competence that were lacking. The host Member State shall take a decision on that basis on whether to allow the provision of services. In any case, it must be possible to provide the service within one month of the decision taken in accordance with the second subparagraph.

In the absence of a reaction of the competent authority within the deadlines set out in the second and third subparagraphs, the service may be provided.

In cases where professional qualifications have been verified under this paragraph, the service shall be provided under the professional title of the host Member State.’;

| (8) | in Article 8, paragraph 1 is replaced by the following:

  ‘1.   The competent authorities of the host Member State may ask the competent authorities of the Member State of establishment, in the event of justified doubts, to provide any information relevant to the legality of the service provider’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature. In the event that the competent authorities of the host Member State decide to check the service provider’s professional qualifications, they may ask the competent authorities of the Member State of establishment for information about the service provider’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health or safety. The competent authorities of the Member State of establishment shall provide that information in accordance with Article 56. In the case of non-regulated professions in the home Member State, the assistance centres referred to in Article 57b may also provide such information.’; |
| --- | --- |

(8)

in Article 8, paragraph 1 is replaced by the following:

‘1.   The competent authorities of the host Member State may ask the competent authorities of the Member State of establishment, in the event of justified doubts, to provide any information relevant to the legality of the service provider’s establishment and good conduct, as well as the absence of any disciplinary or criminal sanctions of a professional nature. In the event that the competent authorities of the host Member State decide to check the service provider’s professional qualifications, they may ask the competent authorities of the Member State of establishment for information about the service provider’s training courses to the extent necessary to assess substantial differences likely to be harmful to public health or safety. The competent authorities of the Member State of establishment shall provide that information in accordance with Article 56. In the case of non-regulated professions in the home Member State, the assistance centres referred to in Article 57b may also provide such information.’;

| (9) | Article 11 is amended as follows:






  (a) | the first paragraph is amended as follows:






  (i) | the introductory part is replaced by the following:

  ‘For the purposes of Article 13 and Article 14(6), professional qualifications shall be grouped under the following levels:’; |
| --- | --- | --- | --- |

(9)

Article 11 is amended as follows:

(a)

the first paragraph is amended as follows:

(i)

the introductory part is replaced by the following:

‘For the purposes of Article 13 and Article 14(6), professional qualifications shall be grouped under the following levels:’;

| (ii) | in point (c), point (ii) is replaced by the following:






  ‘(ii) | regulated education and training or, in the case of regulated professions, vocational training with a special structure, with competences going beyond what is provided for in level b, equivalent to the level of training provided for under point (i), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions provided that the diploma is accompanied by a certificate from the home Member State;’; |
| --- | --- | --- |

(ii)

in point (c), point (ii) is replaced by the following:

‘(ii)

regulated education and training or, in the case of regulated professions, vocational training with a special structure, with competences going beyond what is provided for in level b, equivalent to the level of training provided for under point (i), if such training provides a comparable professional standard and prepares the trainee for a comparable level of responsibilities and functions provided that the diploma is accompanied by a certificate from the home Member State;’;

| (iii) | points (d) and (e) are replaced by the following:






  ‘(d) | a diploma certifying that the holder has successfully completed training at post-secondary level of at least three and not more than four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course; |
| --- | --- | --- |

(iii)

points (d) and (e) are replaced by the following:

‘(d)

a diploma certifying that the holder has successfully completed training at post-secondary level of at least three and not more than four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course;

| (e) | a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course.’; |
| --- | --- |

(e)

a diploma certifying that the holder has successfully completed a post-secondary course of at least four years’ duration, or of an equivalent duration on a part-time basis, which may in addition be expressed with an equivalent number of ECTS credits, at a university or establishment of higher education or another establishment of equivalent level and, where appropriate, that he has successfully completed the professional training required in addition to the post-secondary course.’;

| (b) | the second paragraph is deleted; |
| --- | --- |

(b)

the second paragraph is deleted;

| (10) | in Article 12, the first paragraph is replaced by the following:
  ‘Any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in a Member State, certifying successful completion of training in the Union, on a full or part-time basis, within or outside formal programmes, which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of that profession, shall be treated as evidence of formal qualifications referred to in Article 11, including the level in question.’; |
| --- | --- |

(10)

in Article 12, the first paragraph is replaced by the following:

‘Any evidence of formal qualifications or set of evidence of formal qualifications issued by a competent authority in a Member State, certifying successful completion of training in the Union, on a full or part-time basis, within or outside formal programmes, which is recognised by that Member State as being of an equivalent level and which confers on the holder the same rights of access to or pursuit of a profession or prepares for the pursuit of that profession, shall be treated as evidence of formal qualifications referred to in Article 11, including the level in question.’;

| (11) | Article 13 is replaced by the following:

  ‘Article 13
  Conditions for recognition

  1.   If access to or pursuit of a regulated profession in a host Member State is contingent upon possession of specific professional qualifications, the competent authority of that Member State shall permit applicants to access and pursue that profession, under the same conditions as apply to its nationals, if they possess an attestation of competence or evidence of formal qualifications referred to in Article 11, required by another Member State in order to gain access to and pursue that profession on its territory.
  Attestations of competence or evidence of formal qualifications shall be issued by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that Member State.


  2.   Access to, and pursuit of, a profession as described in paragraph 1 shall also be granted to applicants who have pursued the profession in question on a full-time basis for one year or for an equivalent overall duration on a part-time basis during the previous 10 years in another Member State which does not regulate that profession, and who possess one or more attestations of competence or evidence of formal qualifications issued by another Member State which does not regulate the profession.
  Attestations of competence and evidence of formal qualifications shall satisfy the following conditions:






  (a) | they are issued by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that Member State; |
| --- | --- | --- |

(11)

Article 13 is replaced by the following:

‘Article 13

Conditions for recognition

1.   If access to or pursuit of a regulated profession in a host Member State is contingent upon possession of specific professional qualifications, the competent authority of that Member State shall permit applicants to access and pursue that profession, under the same conditions as apply to its nationals, if they possess an attestation of competence or evidence of formal qualifications referred to in Article 11, required by another Member State in order to gain access to and pursue that profession on its territory.

Attestations of competence or evidence of formal qualifications shall be issued by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that Member State.

2.   Access to, and pursuit of, a profession as described in paragraph 1 shall also be granted to applicants who have pursued the profession in question on a full-time basis for one year or for an equivalent overall duration on a part-time basis during the previous 10 years in another Member State which does not regulate that profession, and who possess one or more attestations of competence or evidence of formal qualifications issued by another Member State which does not regulate the profession.

Attestations of competence and evidence of formal qualifications shall satisfy the following conditions:

(a)

they are issued by a competent authority in a Member State, designated in accordance with the laws, regulations or administrative provisions of that Member State;

| (b) | they attest that the holder has been prepared for the pursuit of the profession in question. |
| --- | --- |

(b)

they attest that the holder has been prepared for the pursuit of the profession in question.

The one year of professional experience referred to in the first subparagraph may not, however, be required if the evidence of formal qualifications which the applicant possesses certifies regulated education and training.

3.   The host Member State shall accept the level attested under Article 11 by the home Member State, as well as the certificate by which the home Member State certifies that regulated education and training or vocational training with a special structure referred to in point (c)(ii) of Article 11 is equivalent to the level provided for in point (c)(i) of Article 11.

4.   By way of derogation from paragraphs 1 and 2 of this Article and from Article 14, the competent authority of the host Member State may refuse access to, and pursuit of, the profession to holders of an attestation of competence classified under point (a) of Article 11 where the national professional qualification required to exercise the profession on its territory is classified under point (e) of Article 11.’;

| (12) | Article 14 is amended as follows:






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

  ‘1.   Article 13 shall not preclude the host Member State from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if:






  (a) | the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required in the host Member State; |
| --- | --- | --- | --- |

(12)

Article 14 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Article 13 shall not preclude the host Member State from requiring the applicant to complete an adaptation period of up to three years or to take an aptitude test if:

(a)

the training the applicant has received covers substantially different matters than those covered by the evidence of formal qualifications required in the host Member State;

| (b) | the regulated profession in the host Member State comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s home Member State, and the training required in the host Member State covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.’; |
| --- | --- |

(b)

the regulated profession in the host Member State comprises one or more regulated professional activities which do not exist in the corresponding profession in the applicant’s home Member State, and the training required in the host Member State covers substantially different matters from those covered by the applicant’s attestation of competence or evidence of formal qualifications.’;

| (b) | in paragraph 2, the third subparagraph is replaced by the following:
  ‘Where the Commission considers that the derogation referred to in the second subparagraph is inappropriate or that it is not in accordance with Union law, it shall adopt an implementing act, within three months of receiving all necessary information, to ask the relevant Member State to refrain from taking the envisaged measure. In the absence of a response from the Commission within that deadline, the derogation may be applied.’; |
| --- | --- |

(b)

in paragraph 2, the third subparagraph is replaced by the following:

‘Where the Commission considers that the derogation referred to in the second subparagraph is inappropriate or that it is not in accordance with Union law, it shall adopt an implementing act, within three months of receiving all necessary information, to ask the relevant Member State to refrain from taking the envisaged measure. In the absence of a response from the Commission within that deadline, the derogation may be applied.’;

| (c) | in paragraph 3, the following subparagraphs are added:

  ‘By way of derogation from the principle of the right of the applicant to choose, as laid down in paragraph 2, the host Member State may stipulate either an adaptation period or an aptitude test in the case of:






  (a) | a holder of a professional qualification referred to in point (a) of Article 11, who applies for recognition of his professional qualifications where the national professional qualification required is classified under point (c) of Article 11; or |
| --- | --- | --- |

(c)

in paragraph 3, the following subparagraphs are added:

‘By way of derogation from the principle of the right of the applicant to choose, as laid down in paragraph 2, the host Member State may stipulate either an adaptation period or an aptitude test in the case of:

(a)

a holder of a professional qualification referred to in point (a) of Article 11, who applies for recognition of his professional qualifications where the national professional qualification required is classified under point (c) of Article 11; or

| (b) | a holder of a professional qualification referred to in point (b) of Article 11, who applies for recognition of his professional qualifications where the national professional qualification required is classified under point (d) or (e) of Article 11. |
| --- | --- |

(b)

a holder of a professional qualification referred to in point (b) of Article 11, who applies for recognition of his professional qualifications where the national professional qualification required is classified under point (d) or (e) of Article 11.

In the case of a holder of a professional qualification referred to in point (a) of Article 11 who applies for recognition of his professional qualifications where the national professional qualification required is classified under point (d) of Article 11, the host Member State may impose both an adaptation period and an aptitude test.’;

| (d) | paragraphs 4 and 5 are replaced by the following:

  ‘4.   For the purposes of paragraphs 1 and 5, ‘substantially different matters’ means matters in respect of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the migrant shows significant differences in terms of content from the training required by the host Member State.


  5.   Paragraph 1 shall be applied with due regard to the principle of proportionality. In particular, if the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning, and formally validated to that end by a relevant body, in any Member State or in a third country, is of such nature as to cover, in full or in part, the substantially different matters defined in paragraph 4.’; |
| --- | --- |

(d)

paragraphs 4 and 5 are replaced by the following:

‘4.   For the purposes of paragraphs 1 and 5, ‘substantially different matters’ means matters in respect of which knowledge, skills and competences acquired are essential for pursuing the profession and with regard to which the training received by the migrant shows significant differences in terms of content from the training required by the host Member State.

5.   Paragraph 1 shall be applied with due regard to the principle of proportionality. In particular, if the host Member State intends to require the applicant to complete an adaptation period or take an aptitude test, it must first ascertain whether the knowledge, skills and competences acquired by the applicant in the course of his professional experience or through lifelong learning, and formally validated to that end by a relevant body, in any Member State or in a third country, is of such nature as to cover, in full or in part, the substantially different matters defined in paragraph 4.’;

| (e) | the following paragraphs are added:

  ‘6.   The decision imposing an adaptation period or an aptitude test shall be duly justified. In particular, the applicant shall be provided with the following information:






  (a) | the level of the professional qualification required in the host Member State and the level of the professional qualification held by the applicant in accordance with the classification set out in Article 11; and |
| --- | --- | --- |

(e)

the following paragraphs are added:

‘6.   The decision imposing an adaptation period or an aptitude test shall be duly justified. In particular, the applicant shall be provided with the following information:

(a)

the level of the professional qualification required in the host Member State and the level of the professional qualification held by the applicant in accordance with the classification set out in Article 11; and

| (b) | the substantial differences referred to in paragraph 4 and the reasons for which those differences cannot be compensated by knowledge, skills and competences acquired in the course of professional experience or through lifelong learning formally validated to that end by a relevant body. |
| --- | --- |

(b)

the substantial differences referred to in paragraph 4 and the reasons for which those differences cannot be compensated by knowledge, skills and competences acquired in the course of professional experience or through lifelong learning formally validated to that end by a relevant body.

7.   Member States shall ensure that an applicant has the possibility of taking the aptitude test referred to in paragraph 1 not later than six months after the initial decision imposing an aptitude test on the applicant.’;

| (13) | Article 15 is deleted; |
| --- | --- |

(13)

Article 15 is deleted;

| (14) | Article 20 is replaced by the following:

  ‘Article 20
  Adaptation of lists of activities in Annex IV
  The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the adaptation of the lists of activities set out in Annex IV which are the subject of recognition of professional experience pursuant to Article 16, with a view to updating or clarifying the activities listed in Annex IV in particular in order to further specify their scope and to take due account of the latest developments in the field of activity-based nomenclatures, provided that this does not involve any narrowing of the scope of the activities related to the individual categories and that there is no shift of activities between the existing lists I, II and III of Annex IV.’; |
| --- | --- |

(14)

Article 20 is replaced by the following:

‘Article 20

Adaptation of lists of activities in Annex IV

The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the adaptation of the lists of activities set out in Annex IV which are the subject of recognition of professional experience pursuant to Article 16, with a view to updating or clarifying the activities listed in Annex IV in particular in order to further specify their scope and to take due account of the latest developments in the field of activity-based nomenclatures, provided that this does not involve any narrowing of the scope of the activities related to the individual categories and that there is no shift of activities between the existing lists I, II and III of Annex IV.’;

| (15) | Article 21 is amended as follows:






  (a) | paragraph 4 is replaced by the following:

  ‘4.   In respect of the operation of pharmacies that are not subject to territorial restrictions, a Member State may, by way of derogation, decide not to give effect to evidence of formal qualifications referred to in point 5.6.2 of Annex V, for the setting up of new pharmacies open to the public. For the purposes of this paragraph, pharmacies which have been open for less than three years shall also be considered as new pharmacies.
  That derogation may not be applied in respect of pharmacists whose formal qualifications have already been recognised by the competent authorities of the host Member State for other purposes and who have been effectively and lawfully engaged in the professional activities of a pharmacist for at least three consecutive years in that Member State.’; |
| --- | --- | --- |

(15)

Article 21 is amended as follows:

(a)

paragraph 4 is replaced by the following:

‘4.   In respect of the operation of pharmacies that are not subject to territorial restrictions, a Member State may, by way of derogation, decide not to give effect to evidence of formal qualifications referred to in point 5.6.2 of Annex V, for the setting up of new pharmacies open to the public. For the purposes of this paragraph, pharmacies which have been open for less than three years shall also be considered as new pharmacies.

That derogation may not be applied in respect of pharmacists whose formal qualifications have already been recognised by the competent authorities of the host Member State for other purposes and who have been effectively and lawfully engaged in the professional activities of a pharmacist for at least three consecutive years in that Member State.’;

| (b) | paragraph 6 is replaced by the following:

  ‘6.   Each Member State shall make access to, and pursuit of, the professional activities of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists subject to possession of evidence of formal qualifications referred to in points 5.1.1, 5.1.2, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex V respectively, attesting that the professional concerned, over the duration of his training, has acquired, as appropriate, the knowledge, skills and competences referred to in Articles 24(3), 31(6), 31(7), 34(3), 38(3), 40(3) and 44(3).
  In order to take account of generally acknowledged scientific and technical progress, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c to update the knowledge and skills referred to in Articles 24(3), 31(6), 34(3), 38(3), 40(3), 44(3) and 46(4) to reflect the evolution of Union law directly affecting the professionals concerned.
  Such updates shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such updates shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) of the Treaty on the Functioning of the European Union (TFEU).’; |
| --- | --- |

(b)

paragraph 6 is replaced by the following:

‘6.   Each Member State shall make access to, and pursuit of, the professional activities of doctors, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives and pharmacists subject to possession of evidence of formal qualifications referred to in points 5.1.1, 5.1.2, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2 and 5.6.2 of Annex V respectively, attesting that the professional concerned, over the duration of his training, has acquired, as appropriate, the knowledge, skills and competences referred to in Articles 24(3), 31(6), 31(7), 34(3), 38(3), 40(3) and 44(3).

In order to take account of generally acknowledged scientific and technical progress, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c to update the knowledge and skills referred to in Articles 24(3), 31(6), 34(3), 38(3), 40(3), 44(3) and 46(4) to reflect the evolution of Union law directly affecting the professionals concerned.

Such updates shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such updates shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) of the Treaty on the Functioning of the European Union (TFEU).’;

| (c) | paragraph 7 is deleted; |
| --- | --- |

(c)

paragraph 7 is deleted;

| (16) | the following article is inserted:

  ‘Article 21a
  Notification procedure

  1.   Each Member State shall notify the Commission of the laws, regulations and administrative provisions which it adopts with regard to the issuing of evidence of formal qualifications in the professions covered by this Chapter.
  In the case of evidence of formal qualifications referred to in Section 8, notification in accordance with the first subparagraph shall also be addressed to the other Member States.


  2.   The notification referred to in paragraph 1 shall include information about the duration and content of the training programmes.


  3.   The notification referred to in paragraph 1 shall be transmitted via IMI.


  4.   In order to take due account of legislative and administrative developments in the Member States, and on condition that the laws, regulations and administrative provisions notified pursuant to paragraph 1 of this Article are in conformity with the conditions set out in this Chapter, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c in order to amend points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, concerning the updating of the titles adopted by the Member States for evidence of formal qualifications and, where appropriate, the body which issues the evidence of formal qualifications, the certificate which accompanies it and the corresponding professional title.


  5.   Where the legislative, regulatory and administrative provisions notified pursuant to paragraph 1 are not in conformity with the conditions set out in this Chapter, the Commission shall adopt an implementing act in order to reject the requested amendment of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 or 5.7.1 of Annex V.’; |
| --- | --- |

(16)

the following article is inserted:

‘Article 21a

Notification procedure

1.   Each Member State shall notify the Commission of the laws, regulations and administrative provisions which it adopts with regard to the issuing of evidence of formal qualifications in the professions covered by this Chapter.

In the case of evidence of formal qualifications referred to in Section 8, notification in accordance with the first subparagraph shall also be addressed to the other Member States.

2.   The notification referred to in paragraph 1 shall include information about the duration and content of the training programmes.

3.   The notification referred to in paragraph 1 shall be transmitted via IMI.

4.   In order to take due account of legislative and administrative developments in the Member States, and on condition that the laws, regulations and administrative provisions notified pursuant to paragraph 1 of this Article are in conformity with the conditions set out in this Chapter, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c in order to amend points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 and 5.7.1 of Annex V, concerning the updating of the titles adopted by the Member States for evidence of formal qualifications and, where appropriate, the body which issues the evidence of formal qualifications, the certificate which accompanies it and the corresponding professional title.

5.   Where the legislative, regulatory and administrative provisions notified pursuant to paragraph 1 are not in conformity with the conditions set out in this Chapter, the Commission shall adopt an implementing act in order to reject the requested amendment of points 5.1.1 to 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 or 5.7.1 of Annex V.’;

| (17) | Article 22 is amended as follows:






  (a) | in the first paragraph, point (b) is replaced by the following:






  ‘(b) | Member States shall, in accordance with the procedures specific to each Member State, ensure, by encouraging continuous professional development, that professionals whose professional qualification is covered by Chapter III of this Title are able to update their knowledge, skills and competences in order to maintain a safe and effective practice and keep abreast of professional developments.’; |
| --- | --- | --- | --- |

(17)

Article 22 is amended as follows:

(a)

in the first paragraph, point (b) is replaced by the following:

‘(b)

Member States shall, in accordance with the procedures specific to each Member State, ensure, by encouraging continuous professional development, that professionals whose professional qualification is covered by Chapter III of this Title are able to update their knowledge, skills and competences in order to maintain a safe and effective practice and keep abreast of professional developments.’;

| (b) | the following paragraph is added:
  ‘Member States shall communicate to the Commission the measures taken pursuant to point (b) of the first paragraph by 18 January 2016.’; |
| --- | --- |

(b)

the following paragraph is added:

‘Member States shall communicate to the Commission the measures taken pursuant to point (b) of the first paragraph by 18 January 2016.’;

| (18) | in Article 24, paragraph 2 is replaced by the following:

  ‘2.   Basic medical training shall comprise a total of at least five years of study, which may in addition be expressed with the equivalent ECTS credits, and shall consist of at least 5 500 hours of theoretical and practical training provided by, or under the supervision of, a university.
  For professionals who began their studies before 1 January 1972, the course of training referred to in the first subparagraph may comprise six months of full-time practical training at university level under the supervision of the competent authorities.’; |
| --- | --- |

(18)

in Article 24, paragraph 2 is replaced by the following:

‘2.   Basic medical training shall comprise a total of at least five years of study, which may in addition be expressed with the equivalent ECTS credits, and shall consist of at least 5 500 hours of theoretical and practical training provided by, or under the supervision of, a university.

For professionals who began their studies before 1 January 1972, the course of training referred to in the first subparagraph may comprise six months of full-time practical training at university level under the supervision of the competent authorities.’;

| (19) | Article 25 is amended as follows:






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

  ‘1.   Admission to specialist medical training shall be contingent upon completion and validation of a basic medical training programme as referred to in Article 24(2) in the course of which the trainee has acquired the relevant knowledge of basic medicine.’; |
| --- | --- | --- |

(19)

Article 25 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Admission to specialist medical training shall be contingent upon completion and validation of a basic medical training programme as referred to in Article 24(2) in the course of which the trainee has acquired the relevant knowledge of basic medicine.’;

| (b) | the following paragraph is inserted:

  ‘3a.   Member States may provide, in national legislation, for partial exemptions from parts of the specialist medical training courses listed in point 5.1.3 of Annex V, to be applied on a case-by-case basis provided that that part of the training has been followed already during another specialist training course listed in point 5.1.3 of Annex V, for which the professional has already obtained the professional qualification in a Member State. Member States shall ensure that the granted exemption equates to not more than half of the minimum duration of the specialist medical training course in question.
  Each Member State shall notify the Commission and the other Member States of the national legislation concerned for any such partial exemptions.’; |
| --- | --- |

(b)

the following paragraph is inserted:

‘3a.   Member States may provide, in national legislation, for partial exemptions from parts of the specialist medical training courses listed in point 5.1.3 of Annex V, to be applied on a case-by-case basis provided that that part of the training has been followed already during another specialist training course listed in point 5.1.3 of Annex V, for which the professional has already obtained the professional qualification in a Member State. Member States shall ensure that the granted exemption equates to not more than half of the minimum duration of the specialist medical training course in question.

Each Member State shall notify the Commission and the other Member States of the national legislation concerned for any such partial exemptions.’;

| (c) | paragraph 5 is replaced by the following:

  ‘5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the adaptation of the minimum periods of training referred to in point 5.1.3 of Annex V to scientific and technical progress.’; |
| --- | --- |

(c)

paragraph 5 is replaced by the following:

‘5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the adaptation of the minimum periods of training referred to in point 5.1.3 of Annex V to scientific and technical progress.’;

| (20) | in Article 26, the second paragraph is replaced by the following:
  ‘In order to take due account of changes in national legislation and with a view to updating this Directive, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the inclusion in point 5.1.3 of Annex V of new medical specialties common to at least two-fifths of the Member States.’; |
| --- | --- |

(20)

in Article 26, the second paragraph is replaced by the following:

‘In order to take due account of changes in national legislation and with a view to updating this Directive, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the inclusion in point 5.1.3 of Annex V of new medical specialties common to at least two-fifths of the Member States.’;

| (21) | in Article 27, the following paragraph is inserted:

  ‘2a.   Member States shall recognise the qualifications of specialised doctors awarded in Italy, and listed in points 5.1.2 and 5.1.3 of Annex V, to doctors who started their specialist training after 31 December 1983 and before 1 January 1991, despite the training concerned not satisfying all the training requirements set out in Article 25, if the qualification is accompanied by a certificate issued by the competent Italian authorities stating that the doctor concerned has effectively and lawfully been engaged, in Italy, in the activities of a medical specialist in the same specialist area concerned, for at least seven consecutive years during the 10 years preceding the award of the certificate.’; |
| --- | --- |

(21)

in Article 27, the following paragraph is inserted:

‘2a.   Member States shall recognise the qualifications of specialised doctors awarded in Italy, and listed in points 5.1.2 and 5.1.3 of Annex V, to doctors who started their specialist training after 31 December 1983 and before 1 January 1991, despite the training concerned not satisfying all the training requirements set out in Article 25, if the qualification is accompanied by a certificate issued by the competent Italian authorities stating that the doctor concerned has effectively and lawfully been engaged, in Italy, in the activities of a medical specialist in the same specialist area concerned, for at least seven consecutive years during the 10 years preceding the award of the certificate.’;

| (22) | in Article 28, paragraph 1 is replaced by the following:

  ‘1.   Admission to specific training in general medical practice shall be contingent upon completion and validation of a basic medical training programme as referred to in Article 24(2) in the course of which the trainee has acquired the relevant knowledge of basic medicine.’; |
| --- | --- |

(22)

in Article 28, paragraph 1 is replaced by the following:

‘1.   Admission to specific training in general medical practice shall be contingent upon completion and validation of a basic medical training programme as referred to in Article 24(2) in the course of which the trainee has acquired the relevant knowledge of basic medicine.’;

| (23) | Article 31 is amended as follows:






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

  ‘1.   Admission to training for nurses responsible for general care shall be contingent upon either:






  (a) | completion of general education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or a certificate attesting success in an examination of an equivalent level and giving access to universities or to higher education institutions of a level recognised as equivalent; or |
| --- | --- | --- | --- |

(23)

Article 31 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Admission to training for nurses responsible for general care shall be contingent upon either:

(a)

completion of general education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or a certificate attesting success in an examination of an equivalent level and giving access to universities or to higher education institutions of a level recognised as equivalent; or

| (b) | completion of general education of at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or a certificate attesting success in an examination of an equivalent level and giving access to a vocational school or vocational training programme for nursing.’; |
| --- | --- |

(b)

completion of general education of at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or a certificate attesting success in an examination of an equivalent level and giving access to a vocational school or vocational training programme for nursing.’;

| (b) | in paragraph 2, the second and third subparagraphs are replaced by the following:
  ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning amendments to the list set out in point 5.2.1 of Annex V with a view to adapting it to scientific and technical progress.
  The amendments referred to in the second subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’; |
| --- | --- |

(b)

in paragraph 2, the second and third subparagraphs are replaced by the following:

‘The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning amendments to the list set out in point 5.2.1 of Annex V with a view to adapting it to scientific and technical progress.

The amendments referred to in the second subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’;

| (c) | in paragraph 3, the first subparagraph is replaced by the following:
  ‘The training of nurses responsible for general care shall comprise a total of at least three years of study, which may in addition be expressed with the equivalent ECTS credits, and shall consist of at least 4 600 hours of theoretical and clinical training, the duration of the theoretical training representing at least one third and the duration of the clinical training at least one half of the minimum duration of the training. Member States may grant partial exemptions to professionals who have received part of their training on courses which are of at least an equivalent level.’; |
| --- | --- |

(c)

in paragraph 3, the first subparagraph is replaced by the following:

‘The training of nurses responsible for general care shall comprise a total of at least three years of study, which may in addition be expressed with the equivalent ECTS credits, and shall consist of at least 4 600 hours of theoretical and clinical training, the duration of the theoretical training representing at least one third and the duration of the clinical training at least one half of the minimum duration of the training. Member States may grant partial exemptions to professionals who have received part of their training on courses which are of at least an equivalent level.’;

| (d) | paragraph 4 is replaced by the following:

  ‘4.   Theoretical education is that part of nurse training from which trainee nurses acquire the professional knowledge, skills and competences required under paragraphs 6 and 7. The training shall be given by teachers of nursing care and by other competent persons, at universities, higher education institutions of a level recognised as equivalent or at vocational schools or through vocational training programmes for nursing.’; |
| --- | --- |

(d)

paragraph 4 is replaced by the following:

‘4.   Theoretical education is that part of nurse training from which trainee nurses acquire the professional knowledge, skills and competences required under paragraphs 6 and 7. The training shall be given by teachers of nursing care and by other competent persons, at universities, higher education institutions of a level recognised as equivalent or at vocational schools or through vocational training programmes for nursing.’;

| (e) | in paragraph 5, the first subparagraph is replaced by the following:

  ‘5.   Clinical training is that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with a healthy or sick individual and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge, skills and competences which they have acquired. The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within health institutes or in the community.’; |
| --- | --- |

(e)

in paragraph 5, the first subparagraph is replaced by the following:

‘5.   Clinical training is that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with a healthy or sick individual and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge, skills and competences which they have acquired. The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within health institutes or in the community.’;

| (f) | paragraph 6 is replaced by the following:

  ‘6.   Training for nurses responsible for general care shall provide an assurance that the professional in question has acquired the following knowledge and skills:






  (a) | comprehensive knowledge of the sciences on which general nursing is based, including sufficient understanding of the structure, physiological functions and behaviour of healthy and sick persons, and of the relationship between the state of health and the physical and social environment of the human being; |
| --- | --- | --- |

(f)

paragraph 6 is replaced by the following:

‘6.   Training for nurses responsible for general care shall provide an assurance that the professional in question has acquired the following knowledge and skills:

(a)

comprehensive knowledge of the sciences on which general nursing is based, including sufficient understanding of the structure, physiological functions and behaviour of healthy and sick persons, and of the relationship between the state of health and the physical and social environment of the human being;

| (b) | knowledge of the nature and ethics of the profession and of the general principles of health and nursing; |
| --- | --- |

(b)

knowledge of the nature and ethics of the profession and of the general principles of health and nursing;

| (c) | adequate clinical experience; such experience, which should be selected for its training value, should be gained under the supervision of qualified nursing staff and in places where the number of qualified staff and equipment are appropriate for the nursing care of the patient; |
| --- | --- |

(c)

adequate clinical experience; such experience, which should be selected for its training value, should be gained under the supervision of qualified nursing staff and in places where the number of qualified staff and equipment are appropriate for the nursing care of the patient;

| (d) | the ability to participate in the practical training of health personnel and experience of working with such personnel; |
| --- | --- |

(d)

the ability to participate in the practical training of health personnel and experience of working with such personnel;

| (e) | experience of working together with members of other professions in the health sector.’; |
| --- | --- |

(e)

experience of working together with members of other professions in the health sector.’;

| (g) | the following paragraph is added:

  ‘7.   Formal qualifications as a nurse responsible for general care shall provide evidence that the professional in question is able to apply at least the following competences regardless of whether the training took place at universities, higher education institutions of a level recognised as equivalent or at vocational schools or through vocational training programmes for nursing:






  (a) | competence to independently diagnose the nursing care required using current theoretical and clinical knowledge and to plan, organise and implement nursing care when treating patients on the basis of the knowledge and skills acquired in accordance with points (a), (b) and (c) of paragraph 6 in order to improve professional practice; |
| --- | --- | --- |

(g)

the following paragraph is added:

‘7.   Formal qualifications as a nurse responsible for general care shall provide evidence that the professional in question is able to apply at least the following competences regardless of whether the training took place at universities, higher education institutions of a level recognised as equivalent or at vocational schools or through vocational training programmes for nursing:

(a)

competence to independently diagnose the nursing care required using current theoretical and clinical knowledge and to plan, organise and implement nursing care when treating patients on the basis of the knowledge and skills acquired in accordance with points (a), (b) and (c) of paragraph 6 in order to improve professional practice;

| (b) | competence to work together effectively with other actors in the health sector, including participation in the practical training of health personnel on the basis of the knowledge and skills acquired in accordance with points (d) and (e) of paragraph 6; |
| --- | --- |

(b)

competence to work together effectively with other actors in the health sector, including participation in the practical training of health personnel on the basis of the knowledge and skills acquired in accordance with points (d) and (e) of paragraph 6;

| (c) | competence to empower individuals, families and groups towards healthy lifestyles and self-care on the basis of the knowledge and skills acquired in accordance with points (a) and (b) of paragraph 6; |
| --- | --- |

(c)

competence to empower individuals, families and groups towards healthy lifestyles and self-care on the basis of the knowledge and skills acquired in accordance with points (a) and (b) of paragraph 6;

| (d) | competence to independently initiate life-preserving immediate measures and to carry out measures in crises and disaster situations; |
| --- | --- |

(d)

competence to independently initiate life-preserving immediate measures and to carry out measures in crises and disaster situations;

| (e) | competence to independently give advice to, instruct and support persons needing care and their attachment figures; |
| --- | --- |

(e)

competence to independently give advice to, instruct and support persons needing care and their attachment figures;

| (f) | competence to independently assure the quality of, and to evaluate, nursing care; |
| --- | --- |

(f)

competence to independently assure the quality of, and to evaluate, nursing care;

| (g) | competence to comprehensively communicate professionally and to cooperate with members of other professions in the health sector; |
| --- | --- |

(g)

competence to comprehensively communicate professionally and to cooperate with members of other professions in the health sector;

| (h) | competence to analyse the care quality to improve his own professional practice as a nurse responsible for general care.’; |
| --- | --- |

(h)

competence to analyse the care quality to improve his own professional practice as a nurse responsible for general care.’;

| (24) | Article 33 is amended as follows:






  (a) | paragraph 2 is deleted; |
| --- | --- | --- |

(24)

Article 33 is amended as follows:

(a)

paragraph 2 is deleted;

| (b) | paragraph 3 is replaced by the following:

  ‘3.   Member States shall recognise evidence of formal qualifications in nursing that:






  (a) | were awarded in Poland, to nurses who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 31; and |
| --- | --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   Member States shall recognise evidence of formal qualifications in nursing that:

(a)

were awarded in Poland, to nurses who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 31; and

| (b) | are attested by the diploma ‘bachelor’ which was obtained on the basis of a special upgrading programme contained in:






  (i) | Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 2004 No 92, pos. 885 and of 2007, No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420); or |
| --- | --- | --- |

(b)

are attested by the diploma ‘bachelor’ which was obtained on the basis of a special upgrading programme contained in:

(i)

Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 2004 No 92, pos. 885 and of 2007, No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420); or

| (ii) | Article 52.3 point 2 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 2011 No 174, pos. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination – matura) and are graduates of a medical secondary school or a post-secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2012, pos. 770), |
| --- | --- |

(ii)

Article 52.3 point 2 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 2011 No 174, pos. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination – matura) and are graduates of a medical secondary school or a post-secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2012, pos. 770),

for the purpose of verifying that the nurse concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications listed for Poland in point 5.2.2 of Annex V.’;

| (25) | Article 33a is replaced by the following:

  ‘As regards the Romanian qualification of nurse responsible for general care, only the following acquired rights provisions shall apply:
  In the case of nationals of Member States who were trained as a nurse responsible for general care in Romania and whose training does not satisfy the minimum training requirements laid down in Article 31, Member States shall recognise the following evidence of formal qualifications as a nurse responsible for general care as being sufficient proof, provided that that evidence is accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania, including taking full responsibility for the planning, organisation and carrying out of the nursing care of patients, for a period of at least three consecutive years during the five years prior to the date of issue of the certificate:






  (a) | Certificat de competențe profesionale de asistent medical generalist with post-secondary education obtained from a școală postliceală, attesting to training started before 1 January 2007; |
| --- | --- | --- |

(25)

Article 33a is replaced by the following:

‘As regards the Romanian qualification of nurse responsible for general care, only the following acquired rights provisions shall apply:

In the case of nationals of Member States who were trained as a nurse responsible for general care in Romania and whose training does not satisfy the minimum training requirements laid down in Article 31, Member States shall recognise the following evidence of formal qualifications as a nurse responsible for general care as being sufficient proof, provided that that evidence is accompanied by a certificate stating that those Member State nationals have effectively and lawfully been engaged in the activities of a nurse responsible for general care in Romania, including taking full responsibility for the planning, organisation and carrying out of the nursing care of patients, for a period of at least three consecutive years during the five years prior to the date of issue of the certificate:

(a)

Certificat de competențe profesionale de asistent medical generalist with post-secondary education obtained from a școală postliceală, attesting to training started before 1 January 2007;

| (b) | Diplomă de absolvire de asistent medical generalist with short-time higher education studies, attesting to training started before 1 October 2003; |
| --- | --- |

(b)

Diplomă de absolvire de asistent medical generalist with short-time higher education studies, attesting to training started before 1 October 2003;

| (c) | Diplomă de licență de asistent medical generalist with long-time higher education studies, attesting to training started before 1 October 2003.’; |
| --- | --- |

(c)

Diplomă de licență de asistent medical generalist with long-time higher education studies, attesting to training started before 1 October 2003.’;

| (26) | in Article 34, paragraph 2 is replaced by the following:

  ‘2.   Basic dental training shall comprise a total of at least five years of study, which may in addition be expressed with the equivalent ECTS credits, and shall consist of at least 5 000 hours of full-time theoretical and practical training that comprises at least the programme described in point 5.3.1 of Annex V and that is provided in a university, in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university.
  The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the amendment of the list set out in point 5.3.1 of Annex V with a view to adapting it to scientific and technical progress.
  The amendments referred to in the second subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’; |
| --- | --- |

(26)

in Article 34, paragraph 2 is replaced by the following:

‘2.   Basic dental training shall comprise a total of at least five years of study, which may in addition be expressed with the equivalent ECTS credits, and shall consist of at least 5 000 hours of full-time theoretical and practical training that comprises at least the programme described in point 5.3.1 of Annex V and that is provided in a university, in a higher institute providing training recognised as being of an equivalent level or under the supervision of a university.

The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the amendment of the list set out in point 5.3.1 of Annex V with a view to adapting it to scientific and technical progress.

The amendments referred to in the second subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’;

| (27) | Article 35 is amended as follows:






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

  ‘1.   Admission to specialist dental training shall be contingent upon completion and validation of basic dental training referred to in Article 34, or possession of the documents referred to in Articles 23 and 37.’; |
| --- | --- | --- |

(27)

Article 35 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   Admission to specialist dental training shall be contingent upon completion and validation of basic dental training referred to in Article 34, or possession of the documents referred to in Articles 23 and 37.’;

| (b) | paragraph 2 is amended as follows:






  (i) | the second subparagraph is replaced by the following:
  ‘Full-time specialist dental courses shall be of a minimum of three years’ duration and shall be supervised by the competent authorities or bodies. They shall involve the personal participation of the dental practitioner training to be a specialist in the activity and in the responsibilities of the establishment concerned.’; |
| --- | --- | --- |

(b)

paragraph 2 is amended as follows:

(i)

the second subparagraph is replaced by the following:

‘Full-time specialist dental courses shall be of a minimum of three years’ duration and shall be supervised by the competent authorities or bodies. They shall involve the personal participation of the dental practitioner training to be a specialist in the activity and in the responsibilities of the establishment concerned.’;

| (ii) | the third subparagraph is deleted; |
| --- | --- |

(ii)

the third subparagraph is deleted;

| (c) | the following paragraphs are added:

  ‘4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the adaptation of the minimum period of training referred to in paragraph 2 to scientific and technical progress.


  5.   In order to take due account of changes in national legislation, and with a view to updating this Directive, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the inclusion in point 5.3.3 of Annex V of new dental specialties common to at least two-fifths of the Member States.’; |
| --- | --- |

(c)

the following paragraphs are added:

‘4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the adaptation of the minimum period of training referred to in paragraph 2 to scientific and technical progress.

5.   In order to take due account of changes in national legislation, and with a view to updating this Directive, the Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the inclusion in point 5.3.3 of Annex V of new dental specialties common to at least two-fifths of the Member States.’;

| (28) | in Article 37, the following paragraphs are added:

  ‘3.   As regards evidence of formal qualifications of dental practitioners, Member States shall recognise such evidence pursuant to Article 21 in cases where the applicants began their training on or before 18 January 2016.


  4.   Each Member State shall recognise evidence of formal qualifications as a doctor issued in Spain to professionals who began their university medical training between 1 January 1986 and 31 December 1997, accompanied by a certificate issued by the Spanish competent authorities.
  The certificate shall confirm that the following conditions have been met:






  (a) | the professional in question has successfully completed at least three years of study, certified by the Spanish competent authorities as being equivalent to the training referred to in Article 34; |
| --- | --- | --- |

(28)

in Article 37, the following paragraphs are added:

‘3.   As regards evidence of formal qualifications of dental practitioners, Member States shall recognise such evidence pursuant to Article 21 in cases where the applicants began their training on or before 18 January 2016.

4.   Each Member State shall recognise evidence of formal qualifications as a doctor issued in Spain to professionals who began their university medical training between 1 January 1986 and 31 December 1997, accompanied by a certificate issued by the Spanish competent authorities.

The certificate shall confirm that the following conditions have been met:

(a)

the professional in question has successfully completed at least three years of study, certified by the Spanish competent authorities as being equivalent to the training referred to in Article 34;

| (b) | the professional in question was effectively, lawfully and principally engaged in the activities referred to in Article 36 in Spain for at least three consecutive years during the five years preceding the award of the certificate; |
| --- | --- |

(b)

the professional in question was effectively, lawfully and principally engaged in the activities referred to in Article 36 in Spain for at least three consecutive years during the five years preceding the award of the certificate;

| (c) | the professional in question is authorised to engage in or is effectively, lawfully and principally engaged in the activities referred to in Article 36, under the same conditions as the holders of evidence of formal qualifications listed for Spain in point 5.3.2 of Annex V.’; |
| --- | --- |

(c)

the professional in question is authorised to engage in or is effectively, lawfully and principally engaged in the activities referred to in Article 36, under the same conditions as the holders of evidence of formal qualifications listed for Spain in point 5.3.2 of Annex V.’;

| (29) | Article 38 is amended as follows:






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

  ‘1.   The training of veterinary surgeons shall comprise a total of at least five years of full-time theoretical and practical study, which may in addition be expressed with the equivalent ECTS credits, at a university or at a higher institute providing training recognised as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to in point 5.4.1 of Annex V.
  The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the amendment of the list set out in point 5.4.1 of Annex V with a view to adapting it to scientific and technical progress.
  The amendments referred to in the second subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’; |
| --- | --- | --- |

(29)

Article 38 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   The training of veterinary surgeons shall comprise a total of at least five years of full-time theoretical and practical study, which may in addition be expressed with the equivalent ECTS credits, at a university or at a higher institute providing training recognised as being of an equivalent level, or under the supervision of a university, covering at least the study programme referred to in point 5.4.1 of Annex V.

The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the amendment of the list set out in point 5.4.1 of Annex V with a view to adapting it to scientific and technical progress.

The amendments referred to in the second subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’;

| (b) | paragraph 3 is replaced by the following:

  ‘3.   Training as a veterinary surgeon shall provide an assurance that the professional in question has acquired the following knowledge and skills:






  (a) | adequate knowledge of the sciences on which the activities of a veterinary surgeon are based and of the Union law relating to those activities; |
| --- | --- | --- |

(b)

paragraph 3 is replaced by the following:

‘3.   Training as a veterinary surgeon shall provide an assurance that the professional in question has acquired the following knowledge and skills:

(a)

adequate knowledge of the sciences on which the activities of a veterinary surgeon are based and of the Union law relating to those activities;

| (b) | adequate knowledge of the structure, functions, behaviour and physiological needs of animals, as well as the skills and competences needed for their husbandry, feeding, welfare, reproduction and hygiene in general; |
| --- | --- |

(b)

adequate knowledge of the structure, functions, behaviour and physiological needs of animals, as well as the skills and competences needed for their husbandry, feeding, welfare, reproduction and hygiene in general;

| (c) | the clinical, epidemiological and analytical skills and competences required for the prevention, diagnosis and treatment of the diseases of animals, including anaesthesia, aseptic surgery and painless death, whether considered individually or in groups, including specific knowledge of the diseases which may be transmitted to humans; |
| --- | --- |

(c)

the clinical, epidemiological and analytical skills and competences required for the prevention, diagnosis and treatment of the diseases of animals, including anaesthesia, aseptic surgery and painless death, whether considered individually or in groups, including specific knowledge of the diseases which may be transmitted to humans;

| (d) | adequate knowledge, skills and competences for preventive medicine, including competences relating to inquiries and certification; |
| --- | --- |

(d)

adequate knowledge, skills and competences for preventive medicine, including competences relating to inquiries and certification;

| (e) | adequate knowledge of the hygiene and technology involved in the production, manufacture and putting into circulation of animal feedstuffs or foodstuffs of animal origin intended for human consumption, including the skills and competences required to understand and explain good practice in this regard; |
| --- | --- |

(e)

adequate knowledge of the hygiene and technology involved in the production, manufacture and putting into circulation of animal feedstuffs or foodstuffs of animal origin intended for human consumption, including the skills and competences required to understand and explain good practice in this regard;

| (f) | the knowledge, skills and competences required for the responsible and sensible use of veterinary medicinal products, in order to treat the animals and to ensure the safety of the food chain and the protection of the environment.’; |
| --- | --- |

(f)

the knowledge, skills and competences required for the responsible and sensible use of veterinary medicinal products, in order to treat the animals and to ensure the safety of the food chain and the protection of the environment.’;

| (30) | Article 40 is amended as follows:






  (a) | in paragraph 1, the third and fourth subparagraphs are replaced by the following:
  ‘The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the amendment of the list set out in point 5.5.1 of Annex V with a view to adapting it to scientific and technical progress.
  The amendments referred to in the third subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’; |
| --- | --- | --- |

(30)

Article 40 is amended as follows:

(a)

in paragraph 1, the third and fourth subparagraphs are replaced by the following:

‘The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the amendment of the list set out in point 5.5.1 of Annex V with a view to adapting it to scientific and technical progress.

The amendments referred to in the third subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’;

| (b) | paragraph 2 is replaced by the following:

  ‘2.   Admission to training as a midwife shall be contingent upon one of the following conditions:






  (a) | completion of at least 12 years of general school education or possession of a certificate attesting success in an examination, of an equivalent level, for admission to a midwifery school for route I; |
| --- | --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   Admission to training as a midwife shall be contingent upon one of the following conditions:

(a)

completion of at least 12 years of general school education or possession of a certificate attesting success in an examination, of an equivalent level, for admission to a midwifery school for route I;

| (b) | possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V for route II.’; |
| --- | --- |

(b)

possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V for route II.’;

| (c) | paragraph 3 is replaced by the following:

  ‘3.   Training as a midwife shall provide an assurance that the professional in question has acquired the following knowledge and skills:






  (a) | detailed knowledge of the sciences on which the activities of midwives are based, particularly midwifery, obstetrics and gynaecology; |
| --- | --- | --- |

(c)

paragraph 3 is replaced by the following:

‘3.   Training as a midwife shall provide an assurance that the professional in question has acquired the following knowledge and skills:

(a)

detailed knowledge of the sciences on which the activities of midwives are based, particularly midwifery, obstetrics and gynaecology;

| (b) | adequate knowledge of the ethics of the profession and the legislation relevant for the practice of the profession; |
| --- | --- |

(b)

adequate knowledge of the ethics of the profession and the legislation relevant for the practice of the profession;

| (c) | adequate knowledge of general medical knowledge (biological functions, anatomy and physiology) and of pharmacology in the field of obstetrics and of the newly born, and also knowledge of the relationship between the state of health and the physical and social environment of the human being, and of his behaviour; |
| --- | --- |

(c)

adequate knowledge of general medical knowledge (biological functions, anatomy and physiology) and of pharmacology in the field of obstetrics and of the newly born, and also knowledge of the relationship between the state of health and the physical and social environment of the human being, and of his behaviour;

| (d) | adequate clinical experience gained in approved institutions allowing the midwife to be able, independently and under his own responsibility, to the extent necessary and excluding pathological situations, to manage the antenatal care, to conduct the delivery and its consequences in approved institutions, and to supervise labour and birth, postnatal care and neonatal resuscitation while awaiting a medical practitioner; |
| --- | --- |

(d)

adequate clinical experience gained in approved institutions allowing the midwife to be able, independently and under his own responsibility, to the extent necessary and excluding pathological situations, to manage the antenatal care, to conduct the delivery and its consequences in approved institutions, and to supervise labour and birth, postnatal care and neonatal resuscitation while awaiting a medical practitioner;

| (e) | adequate understanding of the training of health personnel and experience of working with such personnel.’; |
| --- | --- |

(e)

adequate understanding of the training of health personnel and experience of working with such personnel.’;

| (31) | in Article 41, paragraph 1 is replaced by the following:

  ‘1.   The evidence of formal qualifications as a midwife referred to in point 5.5.2 of Annex V shall be subject to automatic recognition pursuant to Article 21 in so far as they satisfy one of the following criteria:






  (a) | full-time training of at least three years as a midwife, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 4 600 hours of theoretical and practical training, with at least one third of the minimum duration representing clinical training; |
| --- | --- | --- |

(31)

in Article 41, paragraph 1 is replaced by the following:

‘1.   The evidence of formal qualifications as a midwife referred to in point 5.5.2 of Annex V shall be subject to automatic recognition pursuant to Article 21 in so far as they satisfy one of the following criteria:

(a)

full-time training of at least three years as a midwife, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 4 600 hours of theoretical and practical training, with at least one third of the minimum duration representing clinical training;

| (b) | full-time training as a midwife of at least two years, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3 600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V; |
| --- | --- |

(b)

full-time training as a midwife of at least two years, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3 600 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V;

| (c) | full-time training as a midwife of at least 18 months, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3 000 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V, and followed by one year’s professional practice for which a certificate has been issued in accordance with paragraph 2.’; |
| --- | --- |

(c)

full-time training as a midwife of at least 18 months, which may in addition be expressed with the equivalent ECTS credits, consisting of at least 3 000 hours, contingent upon possession of evidence of formal qualifications as a nurse responsible for general care referred to in point 5.2.2 of Annex V, and followed by one year’s professional practice for which a certificate has been issued in accordance with paragraph 2.’;

| (32) | Article 43 is amended as follows:






  (a) | the following paragraph is inserted:

  ‘1a.   As regards evidence of formal qualifications of midwives, Member States shall recognise automatically those qualifications where the applicant started the training before 18 January 2016, and the admission requirement for such training was 10 years of general education or an equivalent level for route I, or completed training as a nurse responsible for general care as attested by evidence of formal qualification referred to in point 5.2.2 of Annex V before starting a midwifery training falling under route II.’; |
| --- | --- | --- |

(32)

Article 43 is amended as follows:

(a)

the following paragraph is inserted:

‘1a.   As regards evidence of formal qualifications of midwives, Member States shall recognise automatically those qualifications where the applicant started the training before 18 January 2016, and the admission requirement for such training was 10 years of general education or an equivalent level for route I, or completed training as a nurse responsible for general care as attested by evidence of formal qualification referred to in point 5.2.2 of Annex V before starting a midwifery training falling under route II.’;

| (b) | paragraph 3 is deleted; |
| --- | --- |

(b)

paragraph 3 is deleted;

| (c) | paragraph 4 is replaced by the following:

  ‘4.   Member States shall recognise evidence of formal qualifications in midwifery that:






  (a) | were awarded in Poland, to midwives who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 40; and |
| --- | --- | --- |

(c)

paragraph 4 is replaced by the following:

‘4.   Member States shall recognise evidence of formal qualifications in midwifery that:

(a)

were awarded in Poland, to midwives who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 40; and

| (b) | are attested by the diploma ‘bachelor’ which was obtained on the basis of a special upgrading programme contained in:






  (i) | Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 2004 No 92, pos. 885 and of 2007 No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420); or |
| --- | --- | --- |

(b)

are attested by the diploma ‘bachelor’ which was obtained on the basis of a special upgrading programme contained in:

(i)

Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 2004 No 92, pos. 885 and of 2007 No 176, pos. 1237) and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2004 No 110, pos. 1170 and of 2010 No 65, pos. 420); or

| (ii) | Article 53.3 point 3 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 2011 No 174, pos. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination – matura) and are graduates of a medical secondary school or a post-secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2012, pos. 770), |
| --- | --- |

(ii)

Article 53.3 point 3 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 2011 No 174, pos. 1039) and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination – matura) and are graduates of a medical secondary school or a post-secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 2012, pos. 770),

for the purpose of verifying that the midwife concerned has a level of knowledge and competence comparable to that of midwives holding the qualifications listed for Poland in point 5.5.2 of Annex V.’;

| (33) | in Article 44, paragraph 2 is replaced by the following:

  ‘2.   Evidence of formal qualifications as a pharmacist shall attest to training of at least five years’ duration, which may in addition be expressed with the equivalent ECTS credits, comprising at least:






  (a) | four years of full-time theoretical and practical training at a university or at a higher institute of a level recognised as equivalent, or under the supervision of a university; |
| --- | --- | --- |

(33)

in Article 44, paragraph 2 is replaced by the following:

‘2.   Evidence of formal qualifications as a pharmacist shall attest to training of at least five years’ duration, which may in addition be expressed with the equivalent ECTS credits, comprising at least:

(a)

four years of full-time theoretical and practical training at a university or at a higher institute of a level recognised as equivalent, or under the supervision of a university;

| (b) | during or at the end of the theoretical and practical training, six-month traineeship in a pharmacy which is open to the public or in a hospital under the supervision of that hospital’s pharmaceutical department. |
| --- | --- |

(b)

during or at the end of the theoretical and practical training, six-month traineeship in a pharmacy which is open to the public or in a hospital under the supervision of that hospital’s pharmaceutical department.

The training cycle referred to in this paragraph shall include at least the programme described in point 5.6.1 of Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 57c concerning the amendment of the list set out in point 5.6.1 of Annex V with a view to adapting it to scientific and technical progress, including the evolution of pharmacological practice.

The amendments referred to in the second subparagraph shall not entail an amendment of existing essential legislative principles in Member States regarding the structure of professions as regards training and conditions of access by natural persons. Such amendments shall respect the responsibility of the Member States for the organisation of education systems, as set out in Article 165(1) TFEU.’;

| (34) | in Article 45, paragraph 2 is replaced by the following:

  ‘2.   The Member States shall ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44, are able to gain access to and pursue at least the following activities, subject to the requirement, where appropriate, of supplementary professional experience:






  (a) | preparation of the pharmaceutical form of medicinal products; |
| --- | --- | --- |

(34)

in Article 45, paragraph 2 is replaced by the following:

‘2.   The Member States shall ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44, are able to gain access to and pursue at least the following activities, subject to the requirement, where appropriate, of supplementary professional experience:

(a)

preparation of the pharmaceutical form of medicinal products;

| (b) | manufacture and testing of medicinal products; |
| --- | --- |

(b)

manufacture and testing of medicinal products;

| (c) | testing of medicinal products in a laboratory for the testing of medicinal products; |
| --- | --- |

(c)

testing of medicinal products in a laboratory for the testing of medicinal products;

| (d) | storage, preservation and distribution of medicinal products at the wholesale stage; |
| --- | --- |

(d)

storage, preservation and distribution of medicinal products at the wholesale stage;

| (e) | supply, preparation, testing, storage, distribution and dispensing of safe and efficacious medicinal products of the required quality in pharmacies open to the public; |
| --- | --- |

(e)

supply, preparation, testing, storage, distribution and dispensing of safe and efficacious medicinal products of the required quality in pharmacies open to the public;

| (f) | preparation, testing, storage and dispensing of safe and efficacious medicinal products of the required quality in hospitals; |
| --- | --- |

(f)

preparation, testing, storage and dispensing of safe and efficacious medicinal products of the required quality in hospitals;

| (g) | provision of information and advice on medicinal products as such, including on their appropriate use; |
| --- | --- |

(g)

provision of information and advice on medicinal products as such, including on their appropriate use;

| (h) | reporting of adverse reactions of pharmaceutical products to the competent authorities; |
| --- | --- |

(h)

reporting of adverse reactions of pharmaceutical products to the competent authorities;

| (i) | personalised support for patients who administer their medication; |
| --- | --- |

(i)

personalised support for patients who administer their medication;

| (j) | contribution to local or national public health campaigns.’; |
| --- | --- |

(j)

contribution to local or national public health campaigns.’;

| (35) | Article 46 is replaced by the following:

  ‘Article 46
  Training of architects

  1.   Training as an architect shall comprise:






  (a) | a total of at least five years of full-time study at a university or a comparable teaching institution, leading to successful completion of a university-level examination; or |
| --- | --- | --- |

(35)

Article 46 is replaced by the following:

‘Article 46

Training of architects

1.   Training as an architect shall comprise:

(a)

a total of at least five years of full-time study at a university or a comparable teaching institution, leading to successful completion of a university-level examination; or

| (b) | not less than four years of full-time study at a university or a comparable teaching institution leading to successful completion of a university-level examination, accompanied by a certificate attesting to the completion of two years of professional traineeship in accordance with paragraph 4. |
| --- | --- |

(b)

not less than four years of full-time study at a university or a comparable teaching institution leading to successful completion of a university-level examination, accompanied by a certificate attesting to the completion of two years of professional traineeship in accordance with paragraph 4.

2.   Architecture must be the principal component of the study referred to in paragraph 1. The study shall maintain a balance between theoretical and practical aspects of architectural training and shall guarantee at least the acquisition of the following knowledge, skills and competences:

| (a) | the ability to create architectural designs that satisfy both aesthetic and technical requirements; |
| --- | --- |

(a)

the ability to create architectural designs that satisfy both aesthetic and technical requirements;

| (b) | adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences; |
| --- | --- |

(b)

adequate knowledge of the history and theories of architecture and the related arts, technologies and human sciences;

| (c) | knowledge of the fine arts as an influence on the quality of architectural design; |
| --- | --- |

(c)

knowledge of the fine arts as an influence on the quality of architectural design;

| (d) | adequate knowledge of urban design, planning and the skills involved in the planning process; |
| --- | --- |

(d)

adequate knowledge of urban design, planning and the skills involved in the planning process;

| (e) | understanding of the relationship between people and buildings, and between buildings and their environment, and of the need to relate buildings and the spaces between them to human needs and scale; |
| --- | --- |

(e)

understanding of the relationship between people and buildings, and between buildings and their environment, and of the need to relate buildings and the spaces between them to human needs and scale;

| (f) | understanding of the profession of architect and the role of the architect in society, in particular in preparing briefs that take account of social factors; |
| --- | --- |

(f)

understanding of the profession of architect and the role of the architect in society, in particular in preparing briefs that take account of social factors;

| (g) | understanding of the methods of investigation and preparation of the brief for a design project; |
| --- | --- |

(g)

understanding of the methods of investigation and preparation of the brief for a design project;

| (h) | understanding of the structural design, and constructional and engineering problems associated with building design; |
| --- | --- |

(h)

understanding of the structural design, and constructional and engineering problems associated with building design;

| (i) | adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against the climate, in the framework of sustainable development; |
| --- | --- |

(i)

adequate knowledge of physical problems and technologies and of the function of buildings so as to provide them with internal conditions of comfort and protection against the climate, in the framework of sustainable development;

| (j) | the necessary design skills to meet building users’ requirements within the constraints imposed by cost factors and building regulations; |
| --- | --- |

(j)

the necessary design skills to meet building users’ requirements within the constraints imposed by cost factors and building regulations;

| (k) | adequate knowledge of the industries, organisations, regulations and procedures involved in translating design concepts into buildings and integrating plans into overall planning. |
| --- | --- |

(k)

adequate knowledge of the industries, organisations, regulations and procedures involved in translating design concepts into buildings and integrating plans into overall planning.

3.   The number of years of academic study referred to in paragraphs 1 and 2 may in addition be expressed with the equivalent ECTS credits.

4.   The professional traineeship referred to in point (b) of paragraph 1 shall take place only after completion of the first three years of the study. At least one year of the professional traineeship shall build upon knowledge, skills and competences acquired during the study referred to in paragraph 2. To that end, the professional traineeship shall be carried out under the supervision of a person or body that has been authorised by the competent authority in the home Member State. Such supervised traineeship may take place in any country. The professional traineeship shall be evaluated by the competent authority in the home Member State.’;

| (36) | Article 47 is replaced by the following:

  ‘Article 47
  Derogations from the conditions for the training of architects
  By way of derogation from Article 46, the following shall also be recognised as complying with Article 21: training as part of social betterment schemes or part-time university studies which satisfies the requirements set out in Article 46(2), as attested by an examination in architecture passed by a professional who has been working for seven years or more in the field of architecture under the supervision of an architect or architectural bureau. The examination must be of university level and be equivalent to the final examination referred to in point (b) of Article 46(1).’; |
| --- | --- |

(36)

Article 47 is replaced by the following:

‘Article 47

Derogations from the conditions for the training of architects

By way of derogation from Article 46, the following shall also be recognised as complying with Article 21: training as part of social betterment schemes or part-time university studies which satisfies the requirements set out in Article 46(2), as attested by an examination in architecture passed by a professional who has been working for seven years or more in the field of architecture under the supervision of an architect or architectural bureau. The examination must be of university level and be equivalent to the final examination referred to in point (b) of Article 46(1).’;

| (37) | Article 49 is amended as follows:






  (a) | the following paragraph is inserted:

  ‘1a.   Paragraph 1 shall also apply to evidence of formal qualifications as an architect listed in Annex V, where the training started before 18 January 2016.’; |
| --- | --- | --- |

(37)

Article 49 is amended as follows:

(a)

the following paragraph is inserted:

‘1a.   Paragraph 1 shall also apply to evidence of formal qualifications as an architect listed in Annex V, where the training started before 18 January 2016.’;

| (b) | the following paragraph is added:

  ‘3.   Each Member State shall give the following evidence the same effect on its territory as evidence of formal qualifications it itself issues for the purposes of access to and pursuit of the professional activities of an architect: evidence of completion of training existing as of 5 August 1985 and commenced no later than 17 January 2014, provided by ‘Fachhochschulen’ in the Federal Republic of Germany over a period of three years, satisfying the requirements set out in Article 46(2) and giving access to the activities referred to in Article 48 in that Member State under the professional title of ‘architect’, in so far as the training was followed by a four-year period of professional experience in the Federal Republic of Germany, as attested by a certificate issued by the competent authority in whose roll the name of the architect wishing to benefit from the provisions of this Directive appears.’; |
| --- | --- |

(b)

the following paragraph is added:

‘3.   Each Member State shall give the following evidence the same effect on its territory as evidence of formal qualifications it itself issues for the purposes of access to and pursuit of the professional activities of an architect: evidence of completion of training existing as of 5 August 1985 and commenced no later than 17 January 2014, provided by ‘Fachhochschulen’ in the Federal Republic of Germany over a period of three years, satisfying the requirements set out in Article 46(2) and giving access to the activities referred to in Article 48 in that Member State under the professional title of ‘architect’, in so far as the training was followed by a four-year period of professional experience in the Federal Republic of Germany, as attested by a certificate issued by the competent authority in whose roll the name of the architect wishing to benefit from the provisions of this Directive appears.’;

| (38) | in Title III, the following Chapter is inserted:


  ‘Chapter IIIA

  Automatic recognition on the basis of common training principles


  Article 49a
  Common training framework

  1.   For the purpose of this Article, ‘common training framework’ means a common set of minimum knowledge, skills and competences necessary for the pursuit of a specific profession. A common training framework shall not replace national training programmes unless a Member State decides otherwise under national law. For the purpose of access to and pursuit of a profession in Member States which regulate that profession, a Member State shall give evidence of professional qualifications acquired on the basis of such a framework the same effect in its territory as the evidence of formal qualifications which it itself issues, on condition that such framework fulfils the conditions laid down in paragraph 2.


  2.   A common training framework shall comply with the following conditions:






  (a) | the common training framework enables more professionals to move across Member States; |
| --- | --- | --- |

(38)

in Title III, the following Chapter is inserted:

‘Chapter IIIA

Automatic recognition on the basis of common training principles

Article 49a

Common training framework

1.   For the purpose of this Article, ‘common training framework’ means a common set of minimum knowledge, skills and competences necessary for the pursuit of a specific profession. A common training framework shall not replace national training programmes unless a Member State decides otherwise under national law. For the purpose of access to and pursuit of a profession in Member States which regulate that profession, a Member State shall give evidence of professional qualifications acquired on the basis of such a framework the same effect in its territory as the evidence of formal qualifications which it itself issues, on condition that such framework fulfils the conditions laid down in paragraph 2.

2.   A common training framework shall comply with the following conditions:

(a)

the common training framework enables more professionals to move across Member States;

| (b) | the profession to which the common training framework applies is regulated, or the education and training leading to the profession is regulated in at least one third of the Member States; |
| --- | --- |

(b)

the profession to which the common training framework applies is regulated, or the education and training leading to the profession is regulated in at least one third of the Member States;

| (c) | the common set of knowledge, skills and competences combines the knowledge, skills and competences required in the systems of education and training applicable in at least one third of the Member States; it shall be irrelevant whether the knowledge, skills and competences have been acquired as part of a general training course at a university or higher education institution or as part of a vocational training course; |
| --- | --- |

(c)

the common set of knowledge, skills and competences combines the knowledge, skills and competences required in the systems of education and training applicable in at least one third of the Member States; it shall be irrelevant whether the knowledge, skills and competences have been acquired as part of a general training course at a university or higher education institution or as part of a vocational training course;

| (d) | the common training framework shall be based on levels of the EQF, as defined in Annex II of the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (*4); |
| --- | --- |

(d)

the common training framework shall be based on levels of the EQF, as defined in Annex II of the Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (*4);

| (e) | the profession concerned is neither covered by another common training framework nor subject to automatic recognition under Chapter III of Title III; |
| --- | --- |

(e)

the profession concerned is neither covered by another common training framework nor subject to automatic recognition under Chapter III of Title III;

| (f) | the common training framework has been prepared following a transparent due process, including the relevant stakeholders from Member States where the profession is not regulated; |
| --- | --- |

(f)

the common training framework has been prepared following a transparent due process, including the relevant stakeholders from Member States where the profession is not regulated;

| (g) | the common training framework permits nationals from any Member State to be eligible for acquiring the professional qualification under such framework without first being required to be a member of any professional organisation or to be registered with such organisation. |
| --- | --- |

(g)

the common training framework permits nationals from any Member State to be eligible for acquiring the professional qualification under such framework without first being required to be a member of any professional organisation or to be registered with such organisation.

3.   Representative professional organisations at Union level, as well as national professional organisations or competent authorities from at least one third of the Member States, may submit to the Commission suggestions for common training frameworks which meet the conditions laid down in paragraph 2.

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 57c to establish a common training framework for a given profession based on the conditions laid down in paragraph 2 of this Article.

5.   A Member State shall be exempted from the obligation of introducing the common training framework referred to in paragraph 4 on its territory and from the obligation of granting automatic recognition to the professional qualifications acquired under that common training framework if one of the following conditions is fulfilled:

| (a) | there are no education or training institutions available in its territory to offer such training for the profession concerned; |
| --- | --- |

(a)

there are no education or training institutions available in its territory to offer such training for the profession concerned;

| (b) | the introduction of the common training framework would adversely affect the organisation of its system of education and professional training; |
| --- | --- |

(b)

the introduction of the common training framework would adversely affect the organisation of its system of education and professional training;

| (c) | there are substantial differences between the common training framework and the training required in its territory, which entail serious risks for public policy, public security, public health or for the safety of the service recipients or the protection of the environment. |
| --- | --- |

(c)

there are substantial differences between the common training framework and the training required in its territory, which entail serious risks for public policy, public security, public health or for the safety of the service recipients or the protection of the environment.

6.   Member States shall, within six months of the entry into force of the delegated act referred to in paragraph 4, notify to the Commission and to the other Member States:

| (a) | the national qualifications, and where applicable the national professional titles, that comply with the common training framework; or |
| --- | --- |

(a)

the national qualifications, and where applicable the national professional titles, that comply with the common training framework; or

| (b) | any use of the exemption referred to in paragraph 5, along with a justification of which conditions under that paragraph were fulfilled. The Commission may, within three months, request further clarification if it considers that a Member State has provided no or insufficient justification that one of these conditions has been fulfilled. The Member State shall reply within three months of any such request. |
| --- | --- |

(b)

any use of the exemption referred to in paragraph 5, along with a justification of which conditions under that paragraph were fulfilled. The Commission may, within three months, request further clarification if it considers that a Member State has provided no or insufficient justification that one of these conditions has been fulfilled. The Member State shall reply within three months of any such request.

The Commission may adopt an implementing act to list the national professional qualifications and national professional titles benefiting from automatic recognition under the common training framework adopted in accordance with paragraph 4.

7.   This Article also applies to specialties of a profession, provided such specialties concern professional activities the access to and the pursuit of which are regulated in Member States, where the profession is already subject to automatic recognition under Chapter III of Title III, but not the specialty concerned.

Article 49b

Common training tests

1.   For the purpose of this Article, a ‘common training test’ means a standardised aptitude test available across participating Member States and reserved to holders of a particular professional qualification. Passing such a test in a Member State shall entitle the holder of a particular professional qualification to pursue the profession in any host Member State concerned under the same conditions as the holders of professional qualifications acquired in that Member State.

2.   The common training test shall comply with the following conditions:

| (a) | the common training test enables more professionals to move across Member States; |
| --- | --- |

(a)

the common training test enables more professionals to move across Member States;

| (b) | the profession to which the common training test applies is regulated, or the education and training leading to the profession concerned is regulated in at least one third of the Member States; |
| --- | --- |

(b)

the profession to which the common training test applies is regulated, or the education and training leading to the profession concerned is regulated in at least one third of the Member States;

| (c) | the common training test has been prepared following a transparent due process, including the relevant stakeholders from Member States where the profession is not regulated; |
| --- | --- |

(c)

the common training test has been prepared following a transparent due process, including the relevant stakeholders from Member States where the profession is not regulated;

| (d) | the common training test permits nationals from any Member State to participate in such a test and in the practical organisation of such tests in Member States without first being required to be a member of any professional organisation or to be registered with such organisation. |
| --- | --- |

(d)

the common training test permits nationals from any Member State to participate in such a test and in the practical organisation of such tests in Member States without first being required to be a member of any professional organisation or to be registered with such organisation.

3.   Representative professional organisations at Union level, as well as national professional organisations or competent authorities from at least one third of the Member States, may submit to the Commission suggestions for common training tests which meet the conditions laid down in paragraph 2.

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 57c to establish the contents of a common training test, and the conditions required for taking and passing the test.

5.   A Member State shall be exempted from the obligation of organising the common training test referred to in paragraph 4 on its territory and from the obligation of granting automatic recognition to professionals who have passed the common training test if one of the following conditions is fulfilled:

| (a) | the profession concerned is not regulated on its territory; |
| --- | --- |

(a)

the profession concerned is not regulated on its territory;

| (b) | the contents of the common training test will not sufficiently mitigate serious risks for public health or the safety of the service recipients, which are relevant on its territory; |
| --- | --- |

(b)

the contents of the common training test will not sufficiently mitigate serious risks for public health or the safety of the service recipients, which are relevant on its territory;

| (c) | the contents of the common training test would render access to the profession significantly less attractive compared to national requirements. |
| --- | --- |

(c)

the contents of the common training test would render access to the profession significantly less attractive compared to national requirements.

6.   Member States shall, within six months of the entry into force of the delegated act referred to in paragraph 4, notify to the Commission and to the other Member States:

| (a) | the available capacity for organising such tests; or |
| --- | --- |

(a)

the available capacity for organising such tests; or

| (b) | any use of the exemption referred to in paragraph 5, along with the justification of which conditions under that paragraph were fulfilled. The Commission may, within three months, request further clarification, if it considers that a Member State has provided no or insufficient justification that one of these conditions has been fulfilled. The Member State shall reply within three months of any such request. |
| --- | --- |

(b)

any use of the exemption referred to in paragraph 5, along with the justification of which conditions under that paragraph were fulfilled. The Commission may, within three months, request further clarification, if it considers that a Member State has provided no or insufficient justification that one of these conditions has been fulfilled. The Member State shall reply within three months of any such request.

The Commission may adopt an implementing act to list the Member States in which the common training tests adopted in accordance with paragraph 4 are to be organised, the frequency during a calendar year and other arrangements necessary for organising common training tests across Member States.

(*4)  
  OJ C 111, 6.5.2008, p. 1.’;"

*4

| (39) | in Article 50, the following paragraphs are inserted:

  ‘3a.   In the event of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the fact that the applicant is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of his professional activities.


  3b.   Exchange of information between competent authorities of different Member States under this Article shall take place via IMI.’; |
| --- | --- |

(39)

in Article 50, the following paragraphs are inserted:

‘3a.   In the event of justified doubts, the host Member State may require from the competent authorities of a Member State confirmation of the fact that the applicant is not suspended or prohibited from the pursuit of the profession as a result of serious professional misconduct or conviction of criminal offences relating to the pursuit of any of his professional activities.

3b.   Exchange of information between competent authorities of different Member States under this Article shall take place via IMI.’;

| (40) | in Article 52, the following paragraph is added:

  ‘3.   A Member State may not reserve the use of the professional title to the holders of professional qualifications if it has not notified the association or organisation to the Commission and to the other Member States in accordance with Article 3(2).’; |
| --- | --- |

(40)

in Article 52, the following paragraph is added:

‘3.   A Member State may not reserve the use of the professional title to the holders of professional qualifications if it has not notified the association or organisation to the Commission and to the other Member States in accordance with Article 3(2).’;

| (41) | Article 53 is replaced by the following:

  ‘Article 53
  Knowledge of languages

  1.   Professionals benefiting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in the host Member State.


  2.   A Member State shall ensure that any controls carried out by, or under the supervision of, the competent authority for controlling compliance with the obligation under paragraph 1 shall be limited to the knowledge of one official language of the host Member State, or one administrative language of the host Member State provided that it is also an official language of the Union.


  3.   Controls carried out in accordance with paragraph 2 may be imposed if the profession to be practised has patient safety implications. Controls may be imposed in respect of other professions in cases where there is a serious and concrete doubt about the sufficiency of the professional’s language knowledge in respect of the professional activities that that professional intends to pursue.
  Controls may be carried out only after the issuance of a European Professional Card in accordance with Article 4d or after the recognition of a professional qualification, as the case may be.


  4.   Any language controls shall be proportionate to the activity to be pursued. The professional concerned shall be allowed to appeal such controls under national law.’; |
| --- | --- |

(41)

Article 53 is replaced by the following:

‘Article 53

Knowledge of languages

1.   Professionals benefiting from the recognition of professional qualifications shall have a knowledge of languages necessary for practising the profession in the host Member State.

2.   A Member State shall ensure that any controls carried out by, or under the supervision of, the competent authority for controlling compliance with the obligation under paragraph 1 shall be limited to the knowledge of one official language of the host Member State, or one administrative language of the host Member State provided that it is also an official language of the Union.

3.   Controls carried out in accordance with paragraph 2 may be imposed if the profession to be practised has patient safety implications. Controls may be imposed in respect of other professions in cases where there is a serious and concrete doubt about the sufficiency of the professional’s language knowledge in respect of the professional activities that that professional intends to pursue.

Controls may be carried out only after the issuance of a European Professional Card in accordance with Article 4d or after the recognition of a professional qualification, as the case may be.

4.   Any language controls shall be proportionate to the activity to be pursued. The professional concerned shall be allowed to appeal such controls under national law.’;

| (42) | in Title IV the following article is inserted:

  ‘Article 55a
  Recognition of professional traineeship

  1.   If access to a regulated profession in the home Member State is contingent upon completion of a professional traineeship, the competent authority of the home Member State shall, when considering a request for authorisation to exercise the regulated profession, recognise professional traineeships carried out in another Member State provided the traineeship is in accordance with the published guidelines referred to in paragraph 2, and shall take into account professional traineeships carried out in a third country. However, Member States may, in national legislation, set a reasonable limit on the duration of the part of the professional traineeship which can be carried out abroad.


  2.   Recognition of the professional traineeship shall not replace any requirements in place to pass an examination in order to gain access to the profession in question. The competent authorities shall publish guidelines on the organisation and recognition of professional traineeships carried out in another Member State or in a third country, in particular on the role of the supervisor of the professional traineeship.’; |
| --- | --- |

(42)

in Title IV the following article is inserted:

‘Article 55a

Recognition of professional traineeship

1.   If access to a regulated profession in the home Member State is contingent upon completion of a professional traineeship, the competent authority of the home Member State shall, when considering a request for authorisation to exercise the regulated profession, recognise professional traineeships carried out in another Member State provided the traineeship is in accordance with the published guidelines referred to in paragraph 2, and shall take into account professional traineeships carried out in a third country. However, Member States may, in national legislation, set a reasonable limit on the duration of the part of the professional traineeship which can be carried out abroad.

2.   Recognition of the professional traineeship shall not replace any requirements in place to pass an examination in order to gain access to the profession in question. The competent authorities shall publish guidelines on the organisation and recognition of professional traineeships carried out in another Member State or in a third country, in particular on the role of the supervisor of the professional traineeship.’;

| (43) | the title of Title V is replaced by the following:

  ‘TITLE V

  ADMINISTRATIVE COOPERATION AND RESPONSIBILITY TOWARDS CITIZENS FOR IMPLEMENTATION’; |
| --- | --- |

(43)

the title of Title V is replaced by the following:

‘TITLE V

ADMINISTRATIVE COOPERATION AND RESPONSIBILITY TOWARDS CITIZENS FOR IMPLEMENTATION’;

ADMINISTRATIVE COOPERATION AND RESPONSIBILITY TOWARDS CITIZENS FOR IMPLEMENTATION’;

| (44) | Article 56 is amended as follows:






  (a) | in paragraph 2, the first subparagraph is replaced by the following:
  ‘The competent authorities of the home and the host Member States shall exchange information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under this Directive. In so doing, they shall respect personal data protection rules provided for in Directives 95/46/EC and 2002/58/EC.’; |
| --- | --- | --- |

(44)

Article 56 is amended as follows:

(a)

in paragraph 2, the first subparagraph is replaced by the following:

‘The competent authorities of the home and the host Member States shall exchange information regarding disciplinary action or criminal sanctions taken or any other serious, specific circumstances which are likely to have consequences for the pursuit of activities under this Directive. In so doing, they shall respect personal data protection rules provided for in Directives 95/46/EC and 2002/58/EC.’;

| (b) | the following paragraph is inserted:

  ‘2a.   For the purposes of paragraphs 1 and 2, the competent authorities shall use IMI.’; |
| --- | --- |

(b)

the following paragraph is inserted:

‘2a.   For the purposes of paragraphs 1 and 2, the competent authorities shall use IMI.’;

| (c) | paragraph 4 is replaced by the following:

  ‘4.   Each Member State shall designate a coordinator for the activities of the competent authorities referred to in paragraph 1 and shall inform other Member States and the Commission thereof.
  The coordinators’ tasks shall be:






  (a) | to promote uniform application of this Directive; |
| --- | --- | --- |

(c)

paragraph 4 is replaced by the following:

‘4.   Each Member State shall designate a coordinator for the activities of the competent authorities referred to in paragraph 1 and shall inform other Member States and the Commission thereof.

The coordinators’ tasks shall be:

(a)

to promote uniform application of this Directive;

| (b) | to collect all the information which is relevant for application of this Directive, such as on the conditions for access to regulated professions in the Member States; |
| --- | --- |

(b)

to collect all the information which is relevant for application of this Directive, such as on the conditions for access to regulated professions in the Member States;

| (c) | to examine suggestions for common training frameworks and common training tests; |
| --- | --- |

(c)

to examine suggestions for common training frameworks and common training tests;

| (d) | to exchange information and best practice for the purpose of optimising continuous professional development in Member States; |
| --- | --- |

(d)

to exchange information and best practice for the purpose of optimising continuous professional development in Member States;

| (e) | to exchange information and best practice on the application of compensation measures referred to in Article 14. |
| --- | --- |

(e)

to exchange information and best practice on the application of compensation measures referred to in Article 14.

For the purpose of carrying out the task set out in point (b) of this paragraph, the coordinators may solicit the help of the assistance centres referred to in Article 57b.’;

| (45) | the following article is inserted:

  ‘Article 56a
  Alert mechanism

  1.   The competent authorities of a Member State shall inform the competent authorities of all other Member States about a professional whose pursuit on the territory of that Member State of the following professional activities in their entirety or parts thereof has been restricted or prohibited, even temporarily, by national authorities or courts:






  (a) | doctor of medicine and of general practice possessing evidence of a formal qualification referred to in points 5.1.1 and 5.1.4 of Annex V; |
| --- | --- | --- |

(45)

the following article is inserted:

‘Article 56a

Alert mechanism

1.   The competent authorities of a Member State shall inform the competent authorities of all other Member States about a professional whose pursuit on the territory of that Member State of the following professional activities in their entirety or parts thereof has been restricted or prohibited, even temporarily, by national authorities or courts:

(a)

doctor of medicine and of general practice possessing evidence of a formal qualification referred to in points 5.1.1 and 5.1.4 of Annex V;

| (b) | specialist doctor of medicine possessing a title referred to in point 5.1.3 of Annex V; |
| --- | --- |

(b)

specialist doctor of medicine possessing a title referred to in point 5.1.3 of Annex V;

| (c) | nurse responsible for general care possessing evidence of a formal qualification referred to in point 5.2.2 of Annex V; |
| --- | --- |

(c)

nurse responsible for general care possessing evidence of a formal qualification referred to in point 5.2.2 of Annex V;

| (d) | dental practitioner possessing evidence of a formal qualification referred to in point 5.3.2 of Annex V; |
| --- | --- |

(d)

dental practitioner possessing evidence of a formal qualification referred to in point 5.3.2 of Annex V;

| (e) | specialist dentists possessing evidence of a formal qualification referred to in point 5.3.3 of Annex V; |
| --- | --- |

(e)

specialist dentists possessing evidence of a formal qualification referred to in point 5.3.3 of Annex V;

| (f) | veterinary surgeon possessing evidence of a formal qualification referred to in point 5.4.2 of Annex V; |
| --- | --- |

(f)

veterinary surgeon possessing evidence of a formal qualification referred to in point 5.4.2 of Annex V;

| (g) | midwife possessing evidence of a formal qualification referred to in point 5.5.2 of Annex V; |
| --- | --- |

(g)

midwife possessing evidence of a formal qualification referred to in point 5.5.2 of Annex V;

| (h) | pharmacist possessing evidence of a formal qualification listed in point 5.6.2 of Annex V; |
| --- | --- |

(h)

pharmacist possessing evidence of a formal qualification listed in point 5.6.2 of Annex V;

| (i) | holders of certificates mentioned in point 2 of Annex VII attesting that the holder completed a training which satisfies the minimum requirements listed in Articles 24, 25, 31, 34, 35, 38, 40, or 44 respectively, but which started earlier than the reference dates of the qualifications listed in points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 of Annex V; |
| --- | --- |

(i)

holders of certificates mentioned in point 2 of Annex VII attesting that the holder completed a training which satisfies the minimum requirements listed in Articles 24, 25, 31, 34, 35, 38, 40, or 44 respectively, but which started earlier than the reference dates of the qualifications listed in points 5.1.3, 5.1.4, 5.2.2, 5.3.2, 5.3.3, 5.4.2, 5.5.2, 5.6.2 of Annex V;

| (j) | holders of certificates of acquired rights as referred to in Articles 23, 27, 29, 33, 33a, 37, 43 and 43a; |
| --- | --- |

(j)

holders of certificates of acquired rights as referred to in Articles 23, 27, 29, 33, 33a, 37, 43 and 43a;

| (k) | other professionals exercising activities that have patient safety implications, where the professional is pursuing a profession regulated in that Member State; |
| --- | --- |

(k)

other professionals exercising activities that have patient safety implications, where the professional is pursuing a profession regulated in that Member State;

| (l) | professionals exercising activities relating to the education of minors, including in childcare and early childhood education, where the professional is pursuing a profession regulated in that Member State. |
| --- | --- |

(l)

professionals exercising activities relating to the education of minors, including in childcare and early childhood education, where the professional is pursuing a profession regulated in that Member State.

2.   Competent authorities shall send the information referred to in paragraph 1 by way of alert via IMI at the latest within three days from the date of adoption of the decision restricting or prohibiting pursuit of the professional activity in its entirety or in part by the professional concerned. That information shall be limited to the following:

| (a) | the identity of the professional; |
| --- | --- |

(a)

the identity of the professional;

| (b) | the profession concerned; |
| --- | --- |

(b)

the profession concerned;

| (c) | information about the national authority or court adopting the decision on restriction or prohibition; |
| --- | --- |

(c)

information about the national authority or court adopting the decision on restriction or prohibition;

| (d) | the scope of the restriction or the prohibition; and |
| --- | --- |

(d)

the scope of the restriction or the prohibition; and

| (e) | the period during which the restriction or the prohibition applies. |
| --- | --- |

(e)

the period during which the restriction or the prohibition applies.

3.   The competent authorities of a Member State concerned shall, at the latest within three days from the date of adoption of the court decision, inform the competent authorities of all other Member States, by way of alert via IMI, about the identity of professionals who have applied for the recognition of a qualification under this Directive and who have subsequently been found by courts to have used falsified evidence of professional qualifications in this context.

4.   The processing of personal data for the purpose of the exchange of information referred to in paragraphs 1 and 3 shall be carried out in accordance with Directives 95/46/EC and 2002/58/EC. The processing of personal data by the Commission shall be carried out in accordance with Regulation (EC) No 45/2001.

5.   The competent authorities of all Member States shall be informed without delay when a prohibition or a restriction referred to in paragraph 1 has expired. For that purpose, the competent authority of the Member State which provides the information in accordance with paragraph 1 shall also be required to provide the date of expiry as well as any subsequent change to that date.

6.   Member States shall provide that professionals, in respect of whom alerts are sent to other Member States, are informed in writing of decisions on alerts at the same time as the alert itself, may appeal under national law against the decision or apply for rectification of such decisions and shall have access to remedies in respect of any damage caused by false alerts sent to other Member States, and in such cases the decision on the alert shall be qualified to indicate that it is subject to proceedings by the professional.

7.   Data regarding alerts may be processed within IMI for as long as they are valid. Alerts shall be deleted within three days from the date of adoption of the revoking decision or from the expiry of the prohibition or the restriction referred to in paragraph 1.

8.   The Commission shall adopt implementing acts for the application of the alert mechanism. Those implementing acts shall include provisions on the authorities entitled to send or receive alerts and on the withdrawal and closure of alerts, and measures to ensure the security of processing. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 58(2).’;

| (46) | Article 57 is replaced by the following:

  ‘Article 57
  Central online access to information

  1.   Member States shall ensure that the following information is available online through the points of single contact, referred to in Article 6 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (*5), and regularly updated:






  (a) | a list of all regulated professions in the Member State including contact details of the competent authorities for each regulated profession and the assistance centres referred to in Article 57b; |
| --- | --- | --- |

(46)

Article 57 is replaced by the following:

‘Article 57

Central online access to information

1.   Member States shall ensure that the following information is available online through the points of single contact, referred to in Article 6 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (*5), and regularly updated:

(a)

a list of all regulated professions in the Member State including contact details of the competent authorities for each regulated profession and the assistance centres referred to in Article 57b;

| (b) | a list of the professions for which a European Professional Card is available, the functioning of that Card, including all related fees to be paid by professionals, and the competent authorities for issuing that Card; |
| --- | --- |

(b)

a list of the professions for which a European Professional Card is available, the functioning of that Card, including all related fees to be paid by professionals, and the competent authorities for issuing that Card;

| (c) | a list of all professions for which the Member State applies Article 7(4) under national laws, regulations and administrative provisions; |
| --- | --- |

(c)

a list of all professions for which the Member State applies Article 7(4) under national laws, regulations and administrative provisions;

| (d) | a list of regulated education and training, and training with a special structure, referred to in point (c)(ii) of Article 11; |
| --- | --- |

(d)

a list of regulated education and training, and training with a special structure, referred to in point (c)(ii) of Article 11;

| (e) | the requirements and procedures referred to in Articles 7, 50, 51 and 53 for the professions regulated in the Member State, including all related fees to be paid by citizens and documents to be submitted by citizens to competent authorities; |
| --- | --- |

(e)

the requirements and procedures referred to in Articles 7, 50, 51 and 53 for the professions regulated in the Member State, including all related fees to be paid by citizens and documents to be submitted by citizens to competent authorities;

| (f) | details on how to appeal, under national laws, regulations and administrative provisions, decisions of competent authorities adopted under this Directive. |
| --- | --- |

(f)

details on how to appeal, under national laws, regulations and administrative provisions, decisions of competent authorities adopted under this Directive.

2.   Member States shall ensure that the information referred to in paragraph 1 is provided in a clear and comprehensive way for users, that it is easily accessible remotely and by electronic means and that it is kept up to date.

3.   Member States shall ensure that any request for information addressed to the point of single contact is replied to as soon as possible.

4.   Member States and the Commission shall take accompanying measures in order to encourage points of single contact to make the information provided for in paragraph 1 available in other official languages of the Union. This shall not affect the legislation of Member States on the use of languages in their territory.

5.   Member States shall cooperate with each other and the Commission for the purpose of implementing paragraphs 1, 2 and 4.

(*5)  
  OJ L 376, 27.12.2006, p. 36.’;"

*5

| (47) | the following articles are inserted:

  ‘Article 57a
  Procedures by electronic means

  1.   Member States shall ensure that all requirements, procedures and formalities relating to matters covered by this Directive may be easily completed, remotely and by electronic means, through the relevant point of single contact or the relevant competent authorities. This shall not prevent competent authorities of Member States from requesting certified copies at a later stage in the event of justified doubts and where strictly necessary.


  2.   Paragraph 1 shall not apply to the carrying out of an adaptation period or aptitude test.


  3.   Where it is justified for Member States to ask for advanced electronic signatures, as defined in point 2 of Article 2 of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (*6), for the completion of procedures referred to in paragraph 1 of this Article, Member States shall accept electronic signatures in compliance with Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the points of single contact under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (*7) and provide for technical means to process documents with advanced electronic signature in formats defined by Commission Decision 2011/130/EU of 25 February 2011 establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (*8).


  4.   All procedures shall be carried out in accordance with Article 8 of Directive 2006/123/EC relating to the points of single contact. The procedural time limits set out in Article 7(4) and Article 51 of this Directive shall commence at the point when an application or any missing document has been submitted by a citizen to a point of single contact or directly to the relevant competent authority. Any request for certified copies referred to in paragraph 1 of this Article shall not be considered as a request for missing documents.



  Article 57b
  Assistance centres

  1.   Each Member State shall designate, no later than 18 January 2016, an assistance centre whose remit shall be to provide citizens, as well as assistance centres of the other Member States, with assistance concerning the recognition of professional qualifications provided for in this Directive, including information on the national legislation governing the professions and the pursuit of those professions, social legislation, and, where appropriate, the rules of ethics.


  2.   The assistance centres in host Member States shall assist citizens in exercising the rights conferred on them by this Directive, in cooperation, where appropriate, with the assistance centre in the home Member State and the competent authorities and the points of single contact in the host Member State.


  3.   Any competent authority in the home or host Member State shall be required to fully cooperate with the assistance centre in the host Member State and where appropriate the home Member State, and provide all relevant information about individual cases to such assistance centres upon their request and subject to data protection rules in accordance with Directives 95/46/EC and 2002/58/EC.


  4.   At the Commission’s request, the assistance centres shall inform the Commission of the result of enquiries with which they are dealing within two months after receiving such a request.



  Article 57c
  Exercise of the delegation

  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.


  2.   The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall be conferred on the Commission for a period of five years from 17 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.


  3.   The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.


  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.


  5.   A delegated act adopted pursuant to the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.



  (*6)  
  OJ L 13, 19.1.2000, p. 12."


  (*7)  
  OJ L 274, 20.10.2009, p. 36."


  (*8)  
  OJ L 53, 26.2.2011, p. 66.’;" |
| --- | --- |

(47)

the following articles are inserted:

‘Article 57a

Procedures by electronic means

1.   Member States shall ensure that all requirements, procedures and formalities relating to matters covered by this Directive may be easily completed, remotely and by electronic means, through the relevant point of single contact or the relevant competent authorities. This shall not prevent competent authorities of Member States from requesting certified copies at a later stage in the event of justified doubts and where strictly necessary.

2.   Paragraph 1 shall not apply to the carrying out of an adaptation period or aptitude test.

3.   Where it is justified for Member States to ask for advanced electronic signatures, as defined in point 2 of Article 2 of Directive 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures (*6), for the completion of procedures referred to in paragraph 1 of this Article, Member States shall accept electronic signatures in compliance with Commission Decision 2009/767/EC of 16 October 2009 setting out measures facilitating the use of procedures by electronic means through the points of single contact under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (*7) and provide for technical means to process documents with advanced electronic signature in formats defined by Commission Decision 2011/130/EU of 25 February 2011 establishing minimum requirements for the cross-border processing of documents signed electronically by competent authorities under Directive 2006/123/EC of the European Parliament and of the Council on services in the internal market (*8).

4.   All procedures shall be carried out in accordance with Article 8 of Directive 2006/123/EC relating to the points of single contact. The procedural time limits set out in Article 7(4) and Article 51 of this Directive shall commence at the point when an application or any missing document has been submitted by a citizen to a point of single contact or directly to the relevant competent authority. Any request for certified copies referred to in paragraph 1 of this Article shall not be considered as a request for missing documents.

Article 57b

Assistance centres

1.   Each Member State shall designate, no later than 18 January 2016, an assistance centre whose remit shall be to provide citizens, as well as assistance centres of the other Member States, with assistance concerning the recognition of professional qualifications provided for in this Directive, including information on the national legislation governing the professions and the pursuit of those professions, social legislation, and, where appropriate, the rules of ethics.

2.   The assistance centres in host Member States shall assist citizens in exercising the rights conferred on them by this Directive, in cooperation, where appropriate, with the assistance centre in the home Member State and the competent authorities and the points of single contact in the host Member State.

3.   Any competent authority in the home or host Member State shall be required to fully cooperate with the assistance centre in the host Member State and where appropriate the home Member State, and provide all relevant information about individual cases to such assistance centres upon their request and subject to data protection rules in accordance with Directives 95/46/EC and 2002/58/EC.

4.   At the Commission’s request, the assistance centres shall inform the Commission of the result of enquiries with which they are dealing within two months after receiving such a request.

Article 57c

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall be conferred on the Commission for a period of five years from 17 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The power to adopt delegated acts referred to in the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to the third subparagraph of Article 3(2), Article 20, the second subparagraph of Article 21(6), Article 21a(4), Article 25(5), the second paragraph of Article 26, the second subparagraph of Article 31(2), the second subparagraph of Article 34(2), Article 35(4) and (5), the second subparagraph of Article 38(1), the third subparagraph of Article 40(1), the second subparagraph of Article 44(2), Article 49a(4) and Article 49b(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

(*6)  
  OJ L 13, 19.1.2000, p. 12."

*6

(*7)  
  OJ L 274, 20.10.2009, p. 36."

*7

(*8)  
  OJ L 53, 26.2.2011, p. 66.’;"

*8

| (48) | Article 58 is replaced by the following:

  ‘Article 58
  Committee procedure

  1.   The Commission shall be assisted by a Committee on the recognition of professional qualifications. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.


  2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’; |
| --- | --- |

(48)

Article 58 is replaced by the following:

‘Article 58

Committee procedure

1.   The Commission shall be assisted by a Committee on the recognition of professional qualifications. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.’;

| (49) | Article 59 is replaced by the following:

  ‘Article 59
  Transparency

  1.   Member States shall notify to the Commission a list of existing regulated professions, specifying the activities covered by each profession, and a list of regulated education and training, and training with a special structure, referred to in point (c)(ii) of Article 11, in their territory by 18 January 2016. Any change to those lists shall also be notified to the Commission without undue delay. The Commission shall set up and maintain a publicly available database of regulated professions, including a general description of activities covered by each profession.


  2.   By 18 January 2016, Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary under Article 7(4). Member States shall provide the Commission with a specific justification for the inclusion of each of those professions on that list.


  3.   Member States shall examine whether requirements under their legal system restricting the access to a profession or its pursuit to the holders of a specific professional qualification, including the use of professional titles and the professional activities allowed under such title, referred to in this Article as ‘requirements’ are compatible with the following principles:






  (a) | requirements must be neither directly nor indirectly discriminatory on the basis of nationality or residence; |
| --- | --- | --- |

(49)

Article 59 is replaced by the following:

‘Article 59

Transparency

1.   Member States shall notify to the Commission a list of existing regulated professions, specifying the activities covered by each profession, and a list of regulated education and training, and training with a special structure, referred to in point (c)(ii) of Article 11, in their territory by 18 January 2016. Any change to those lists shall also be notified to the Commission without undue delay. The Commission shall set up and maintain a publicly available database of regulated professions, including a general description of activities covered by each profession.

2.   By 18 January 2016, Member States shall notify to the Commission the list of professions for which a prior check of qualifications is necessary under Article 7(4). Member States shall provide the Commission with a specific justification for the inclusion of each of those professions on that list.

3.   Member States shall examine whether requirements under their legal system restricting the access to a profession or its pursuit to the holders of a specific professional qualification, including the use of professional titles and the professional activities allowed under such title, referred to in this Article as ‘requirements’ are compatible with the following principles:

(a)

requirements must be neither directly nor indirectly discriminatory on the basis of nationality or residence;

| (b) | requirements must be justified by overriding reasons of general interest; |
| --- | --- |

(b)

requirements must be justified by overriding reasons of general interest;

| (c) | requirements must be suitable for securing the attainment of the objective pursued and must not go beyond what is necessary to attain that objective. |
| --- | --- |

(c)

requirements must be suitable for securing the attainment of the objective pursued and must not go beyond what is necessary to attain that objective.

4.   Paragraph 1 shall also apply to professions regulated in a Member State by an association or organisation within the meaning of Article 3(2) and any requirements for membership of those associations or organisations.

5.   By 18 January 2016, Member States shall provide the Commission with information on the requirements they intend to maintain and the reasons for considering that those requirements comply with paragraph 3. Member States shall provide information on the requirements they subsequently introduced, and the reasons for considering that those requirements comply with paragraph 3, within six months of the adoption of the measure.

6.   By 18 January 2016, and every two years thereafter, Member States shall also submit a report to the Commission about the requirements which have been removed or made less stringent.

7.   The Commission shall forward the reports referred to in paragraph 6 to the other Member States which shall submit their observations within six months. Within the same period of six months, the Commission shall consult interested parties, including the professions concerned.

8.   The Commission shall provide a summary report based on the information provided by Member States to the Group of Coordinators established under Commission Decision 2007/172/EC of 19 March 2007 setting up the group of coordinators for the recognition of professional qualifications (*9), which may make observations.

9.   In light of the observations provided for in paragraphs 7 and 8, the Commission shall, by 18 January 2017, submit its final findings to the European Parliament and the Council, accompanied where appropriate by proposals for further initiatives.

(*9)  
  OJ L 79, 20.3.2007, p. 38.’;"

*9

| (50) | Article 60 is amended as follows:






  (a) | in paragraph 1, the following subparagraph is added:
  ‘As from 18 January 2016 the statistical summary of decisions taken referred to in the first subparagraph shall contain detailed information on the number and types of decisions taken in accordance with this Directive, including the types of decisions on partial access taken by competent authorities in accordance with Article 4f, and a description of the main problems arising from application of this Directive.’; |
| --- | --- | --- |

(50)

Article 60 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

‘As from 18 January 2016 the statistical summary of decisions taken referred to in the first subparagraph shall contain detailed information on the number and types of decisions taken in accordance with this Directive, including the types of decisions on partial access taken by competent authorities in accordance with Article 4f, and a description of the main problems arising from application of this Directive.’;

| (b) | paragraph 2 is replaced by the following:

  ‘2.   By 18 January 2019, and every five years thereafter, the Commission shall publish a report on the implementation of this Directive.
  The first such report shall focus in particular on the new elements introduced in this Directive and consider in particular the following issues:






  (a) | the functioning of the European Professional Card; |
| --- | --- | --- |

(b)

paragraph 2 is replaced by the following:

‘2.   By 18 January 2019, and every five years thereafter, the Commission shall publish a report on the implementation of this Directive.

The first such report shall focus in particular on the new elements introduced in this Directive and consider in particular the following issues:

(a)

the functioning of the European Professional Card;

| (b) | the modernisation of the knowledge, skills and competences for the professions covered by Chapter III of Title III, including the list of competences referred to in Article 31(7); |
| --- | --- |

(b)

the modernisation of the knowledge, skills and competences for the professions covered by Chapter III of Title III, including the list of competences referred to in Article 31(7);

| (c) | the functioning of the common training frameworks and common training tests; |
| --- | --- |

(c)

the functioning of the common training frameworks and common training tests;

| (d) | the results of the special upgrading programme laid down under Romanian laws, regulations and administrative provisions for holders of the evidence of formal qualifications mentioned in Article 33a, as well as for holders of evidence of formal qualifications of post-secondary level, with a view to assessing the need to review the current provisions governing the acquired rights regime applicable to the Romanian evidence of formal qualifications as nurse responsible for general care. |
| --- | --- |

(d)

the results of the special upgrading programme laid down under Romanian laws, regulations and administrative provisions for holders of the evidence of formal qualifications mentioned in Article 33a, as well as for holders of evidence of formal qualifications of post-secondary level, with a view to assessing the need to review the current provisions governing the acquired rights regime applicable to the Romanian evidence of formal qualifications as nurse responsible for general care.

Member States shall provide all necessary information for the preparation of that report.’;

| (51) | in Article 61, the second paragraph is replaced by the following:
  ‘Where appropriate, the Commission shall adopt an implementing act to permit the Member State in question to derogate from the relevant provision for a limited period of time.’; |
| --- | --- |

(51)

in Article 61, the second paragraph is replaced by the following:

‘Where appropriate, the Commission shall adopt an implementing act to permit the Member State in question to derogate from the relevant provision for a limited period of time.’;

| (52) | Annexes II and III are deleted; |
| --- | --- |

(52)

Annexes II and III are deleted;

| (53) | in point 1 of Annex VII, the following point is added:






  ‘(g) | Where the Member State so requires for its own nationals, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions.’. |
| --- | --- | --- |

(53)

in point 1 of Annex VII, the following point is added:

‘(g)

Where the Member State so requires for its own nationals, an attestation confirming the absence of temporary or final suspensions from exercising the profession or of criminal convictions.’.

Article 2

Amendment to Regulation (EU) No 1024/2012

Point 2 of the Annex to Regulation (EU) No 1024/2012 is replaced by the following:

| ‘2. | Directive 2005/36/EC of the European Parliament and of the Council (*10): Articles 4a to 4e, Article 8, Article 21a, Article 50, Article 56 and Article 56a. |
| --- | --- |

‘2.

Article 3

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 January 2016.

2.   Any Member State which on 17 January 2014 provides access to training as a midwife for route I under Article 40(2) of Directive 2005/36/EC after completion of at least the first 10 years of general school education, shall bring into force the laws, regulations and administrative provisions necessary to comply with the admission requirements of training as a midwife under point (a) of Article 40(2) of that Directive by 18 January 2020.

3.   Member States shall forthwith communicate to the Commission the text of the measures referred to in paragraphs 1 and 2.

4.   When Member States adopt the measures referred to in paragraphs 1 and 2, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

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

Article 4

Entry into force

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

Official Journal of the European Union

Article 5

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 20 November 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

V. LEŠKEVIČIUS

---

(1)  
  OJ C 191, 29.6.2012, p. 103.

1

(2)  Position of the European Parliament of 9 October 2013 (not yet published in the Official Journal) and decision of the Council of 15 November 2013.

2

(3)  
  OJ L 255, 30.9.2005, p. 22.

3

(4)  
  OJ L 158, 30.4.2004, p. 77.

4

(5)  
  OJ C 153 E, 31.5.2013, p. 15.

5

(6)  
  OJ L 78, 26.3.1977, p. 17.

6

(7)  
  OJ L 77, 14.3.1998, p. 36.

7

(8)  
  OJ L 316, 14.11.2012, p. 1.

8

(9)  
  OJ L 88, 4.4.2011, p. 45.

9

(10)  
  OJ L 376, 27.12.2006, p. 36.

10

(11)  
  OJ L 55, 28.2.2011, p. 13.

11

(12)  
  OJ C 369, 17.12.2011, p. 14.

12

(13)  
  OJ L 8, 12.1.2001, p. 1.

13

(14)  
  OJ C 137, 12.5.2012, p. 1.

14

---

Commission statement

The Commission will, when preparing the delegated acts referred to in Article 57c(2), ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council, and will carry out appropriate and transparent consultations well in advance, in particular with experts from competent authorities and bodies, professional associations and educational establishments of all the Member States, and where appropriate with experts from social partners.

---

DECISIONS

| 28.12.2013 | EN | Official Journal of the European Union | L 354/171 |
| --- | --- | --- | --- |

28.12.2013

EN

Official Journal of the European Union

L 354/171

---

DECISION No 1386/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 20 November 2013

on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

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

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | The Union has set itself the objective of becoming a smart, sustainable and inclusive economy by 2020 with a set of policies and actions aimed at making it a low-carbon and resource-efficient economy (4). |
| --- | --- |

(1)

The Union has set itself the objective of becoming a smart, sustainable and inclusive economy by 2020 with a set of policies and actions aimed at making it a low-carbon and resource-efficient economy (4).

| (2) | Successive environment action programmes have provided the framework for Union action in the field of the environment since 1973. |
| --- | --- |

(2)

Successive environment action programmes have provided the framework for Union action in the field of the environment since 1973.

| (3) | The Sixth Community Environment Action Programme (5) (‘6th EAP’) ended in July 2012, but many measures and actions launched under that programme continue to be implemented. |
| --- | --- |

(3)

The Sixth Community Environment Action Programme (5) (‘6th EAP’) ended in July 2012, but many measures and actions launched under that programme continue to be implemented.

| (4) | The final assessment of the 6th EAP concluded that the programme delivered benefits for the environment and provided an overarching strategic direction for environment policy. Despite those achievements, unsustainable trends still persist in the four priority areas identified in the 6th EAP: climate change; nature and biodiversity; environment and health and quality of life; and natural resources and wastes. |
| --- | --- |

(4)

The final assessment of the 6th EAP concluded that the programme delivered benefits for the environment and provided an overarching strategic direction for environment policy. Despite those achievements, unsustainable trends still persist in the four priority areas identified in the 6th EAP: climate change; nature and biodiversity; environment and health and quality of life; and natural resources and wastes.

| (5) | The final assessment of the 6th EAP highlighted some shortcomings. The achievement of the objectives set out in the Seventh Environment Action Programme (‘7th EAP’) therefore requires the full commitment of the Member States and the relevant Union institutions and the willingness to take responsibility for the delivery of the programme’s intended benefits. |
| --- | --- |

(5)

The final assessment of the 6th EAP highlighted some shortcomings. The achievement of the objectives set out in the Seventh Environment Action Programme (‘7th EAP’) therefore requires the full commitment of the Member States and the relevant Union institutions and the willingness to take responsibility for the delivery of the programme’s intended benefits.

| (6) | According to the report of the European Environment Agency entitled ‘The European environment – state and outlook 2010’ (‘SOER 2010’)’ a number of major environmental challenges still remain, and serious repercussions will ensue if nothing is done to address them. |
| --- | --- |

(6)

According to the report of the European Environment Agency entitled ‘The European environment – state and outlook 2010’ (‘SOER 2010’)’ a number of major environmental challenges still remain, and serious repercussions will ensue if nothing is done to address them.

| (7) | Global systemic trends and challenges, related to population dynamics, urbanisation, disease and pandemics, accelerating technological change and unsustainable economic growth add to the complexity of tackling environmental challenges and achieving long-term sustainable development. Ensuring the Union’s long-term prosperity requires taking further action to address those challenges. |
| --- | --- |

(7)

Global systemic trends and challenges, related to population dynamics, urbanisation, disease and pandemics, accelerating technological change and unsustainable economic growth add to the complexity of tackling environmental challenges and achieving long-term sustainable development. Ensuring the Union’s long-term prosperity requires taking further action to address those challenges.

| (8) | It is essential that Union priority objectives for 2020 are established, in line with a clear long-term vision for 2050. This would also provide a stable environment for sustainable investment and growth. The 7th EAP should build on policy initiatives in the Europe 2020 strategy (6), including the Union climate and energy package (7), the Commission Communication on a Roadmap for moving to a low-carbon economy in 2050 (8), the EU Biodiversity Strategy to 2020 (9), the Roadmap to a Resource Efficient Europe (10), the Innovation Union Flagship Initiative (11) and the European Union Strategy for Sustainable Development. |
| --- | --- |

(8)

It is essential that Union priority objectives for 2020 are established, in line with a clear long-term vision for 2050. This would also provide a stable environment for sustainable investment and growth. The 7th EAP should build on policy initiatives in the Europe 2020 strategy (6), including the Union climate and energy package (7), the Commission Communication on a Roadmap for moving to a low-carbon economy in 2050 (8), the EU Biodiversity Strategy to 2020 (9), the Roadmap to a Resource Efficient Europe (10), the Innovation Union Flagship Initiative (11) and the European Union Strategy for Sustainable Development.

| (9) | The 7th EAP should help to achieve the environment and climate change targets on which the Union has already agreed and to identify policy gaps where additional targets may be required. |
| --- | --- |

(9)

The 7th EAP should help to achieve the environment and climate change targets on which the Union has already agreed and to identify policy gaps where additional targets may be required.

| (10) | The Union has agreed to achieve a reduction of at least 20 % of its greenhouse gas (GHG) emissions by 2020 (30 %, provided that other developed countries commit themselves to comparable emissions reductions and that developing countries contribute adequately according to their responsibilities and respective capabilities); to ensure that 20 % of energy consumption comes from renewable energy by 2020; and to achieve a 20 % cut in primary energy use compared with projected levels, by improving energy efficiency (12). |
| --- | --- |

(10)

The Union has agreed to achieve a reduction of at least 20 % of its greenhouse gas (GHG) emissions by 2020 (30 %, provided that other developed countries commit themselves to comparable emissions reductions and that developing countries contribute adequately according to their responsibilities and respective capabilities); to ensure that 20 % of energy consumption comes from renewable energy by 2020; and to achieve a 20 % cut in primary energy use compared with projected levels, by improving energy efficiency (12).

| (11) | The Union has agreed to halt the loss of biodiversity and the degradation of ecosystem services in the Union by 2020, and restore them in so far as feasible, while stepping up the Union contribution to averting global biodiversity loss (13). |
| --- | --- |

(11)

The Union has agreed to halt the loss of biodiversity and the degradation of ecosystem services in the Union by 2020, and restore them in so far as feasible, while stepping up the Union contribution to averting global biodiversity loss (13).

| (12) | The Union supports the aims of halting global forest cover loss by 2030 at the latest and of reducing gross tropical deforestation by at least 50 % by 2020 compared to 2008 levels (14). |
| --- | --- |

(12)

The Union supports the aims of halting global forest cover loss by 2030 at the latest and of reducing gross tropical deforestation by at least 50 % by 2020 compared to 2008 levels (14).

| (13) | The Union has agreed to achieve good status for all Union waters, including freshwater (rivers and lakes, groundwater), transitional waters (estuaries/deltas) and coastal waters within one nautical mile of the coast by 2015 (15). |
| --- | --- |

(13)

The Union has agreed to achieve good status for all Union waters, including freshwater (rivers and lakes, groundwater), transitional waters (estuaries/deltas) and coastal waters within one nautical mile of the coast by 2015 (15).

| (14) | The Union has agreed to achieve good environmental status in all marine waters of the Union by 2020 (16). |
| --- | --- |

(14)

The Union has agreed to achieve good environmental status in all marine waters of the Union by 2020 (16).

| (15) | The Union has agreed to achieve levels of air quality that do not give rise to significant negative impacts on, and risks to, human health and the environment (17). |
| --- | --- |

(15)

The Union has agreed to achieve levels of air quality that do not give rise to significant negative impacts on, and risks to, human health and the environment (17).

| (16) | The Union has agreed to achieve, by 2020, the objective that chemicals are produced and used in ways that lead to the minimisation of significant adverse effects on human health and the environment (18). |
| --- | --- |

(16)

The Union has agreed to achieve, by 2020, the objective that chemicals are produced and used in ways that lead to the minimisation of significant adverse effects on human health and the environment (18).

| (17) | The Union has agreed to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing the overall impact of resource use and improving the efficiency of such use, by applying the following waste hierarchy: prevention, preparing for re-use, recycling, other recovery, and disposal (19). |
| --- | --- |

(17)

The Union has agreed to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing the overall impact of resource use and improving the efficiency of such use, by applying the following waste hierarchy: prevention, preparing for re-use, recycling, other recovery, and disposal (19).

| (18) | The Union has agreed to stimulate the transition to a green economy and to strive towards an absolute decoupling of economic growth and environmental degradation (20). |
| --- | --- |

(18)

The Union has agreed to stimulate the transition to a green economy and to strive towards an absolute decoupling of economic growth and environmental degradation (20).

| (19) | The Union has agreed to strive to achieve a land degradation neutral world in the context of sustainable development (21). |
| --- | --- |

(19)

The Union has agreed to strive to achieve a land degradation neutral world in the context of sustainable development (21).

| (20) | Pursuant to Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment aims at a high level of protection taking into account the diversity of situations in the various regions of the Union, and is based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source and that the polluter should pay. |
| --- | --- |

(20)

Pursuant to Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment aims at a high level of protection taking into account the diversity of situations in the various regions of the Union, and is based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source and that the polluter should pay.

| (21) | Action to deliver the priority objectives of the 7th EAP should be taken at different levels of governance, in accordance with the principle of subsidiarity. |
| --- | --- |

(21)

Action to deliver the priority objectives of the 7th EAP should be taken at different levels of governance, in accordance with the principle of subsidiarity.

| (22) | Transparent engagement with non-governmental actors is important in ensuring the success of the 7th EAP and the achievement of its priority objectives. |
| --- | --- |

(22)

Transparent engagement with non-governmental actors is important in ensuring the success of the 7th EAP and the achievement of its priority objectives.

| (23) | Not only do biodiversity loss and the degradation of ecosystems in the Union have important implications for the environment and human well-being, they also have impacts on future generations and are costly for society as a whole, particularly for economic actors in sectors that depend directly on ecosystem services. |
| --- | --- |

(23)

Not only do biodiversity loss and the degradation of ecosystems in the Union have important implications for the environment and human well-being, they also have impacts on future generations and are costly for society as a whole, particularly for economic actors in sectors that depend directly on ecosystem services.

| (24) | There is significant scope for reducing GHG emissions and enhancing energy and resource efficiency in the Union. This will ease pressure on the environment and bring increased competitiveness and new sources of growth and jobs through cost savings from improved efficiency, the commercialisation of innovations and better management of resources over their whole life cycle. In order to realise this potential, a more comprehensive Union policy on climate change should recognise that all sectors of the economy have to contribute to tackling climate change. |
| --- | --- |

(24)

There is significant scope for reducing GHG emissions and enhancing energy and resource efficiency in the Union. This will ease pressure on the environment and bring increased competitiveness and new sources of growth and jobs through cost savings from improved efficiency, the commercialisation of innovations and better management of resources over their whole life cycle. In order to realise this potential, a more comprehensive Union policy on climate change should recognise that all sectors of the economy have to contribute to tackling climate change.

| (25) | Environmental problems and impacts continue to pose significant risks for human health and well-being, whereas measures to improve the state of the environment can be beneficial. |
| --- | --- |

(25)

Environmental problems and impacts continue to pose significant risks for human health and well-being, whereas measures to improve the state of the environment can be beneficial.

| (26) | The full and even implementation of the environment acquis throughout the Union is a sound investment for the environment and human health, as well as for the economy. |
| --- | --- |

(26)

The full and even implementation of the environment acquis throughout the Union is a sound investment for the environment and human health, as well as for the economy.

| (27) | Union environment policy should continue to draw on a sound knowledge base and should ensure that the evidence underpinning policy-making, including cases where the precautionary principle has been invoked, can be better understood at all levels. |
| --- | --- |

(27)

Union environment policy should continue to draw on a sound knowledge base and should ensure that the evidence underpinning policy-making, including cases where the precautionary principle has been invoked, can be better understood at all levels.

| (28) | Environment and climate objectives should be supported by adequate investments, and funds should be spent more effectively in line with those objectives. The use of public- private initiatives should be encouraged. |
| --- | --- |

(28)

Environment and climate objectives should be supported by adequate investments, and funds should be spent more effectively in line with those objectives. The use of public- private initiatives should be encouraged.

| (29) | Environmental integration in all relevant policy areas is essential in order to reduce pressures on the environment resulting from the policies and activities of other sectors and to meet environmental and climate-related targets. |
| --- | --- |

(29)

Environmental integration in all relevant policy areas is essential in order to reduce pressures on the environment resulting from the policies and activities of other sectors and to meet environmental and climate-related targets.

| (30) | The Union is densely populated, and over 70 % of its citizens live in urban and peri-urban areas and face specific environmental and climate-related challenges. |
| --- | --- |

(30)

The Union is densely populated, and over 70 % of its citizens live in urban and peri-urban areas and face specific environmental and climate-related challenges.

| (31) | Many environmental challenges are global and can only be fully addressed through a comprehensive global approach, while other environmental challenges have a strong regional dimension. This requires cooperation with partner countries, including neighbouring countries and overseas countries and territories. |
| --- | --- |

(31)

Many environmental challenges are global and can only be fully addressed through a comprehensive global approach, while other environmental challenges have a strong regional dimension. This requires cooperation with partner countries, including neighbouring countries and overseas countries and territories.

| (32) | The 7th EAP should support the implementation, within the Union and at international level, of the outcomes of, and commitments undertaken at, the 2012 United Nations Conference on Sustainable Development (Rio + 20) and which aim to transform the global economy into an inclusive and green economy in the context of sustainable development and poverty reduction. |
| --- | --- |

(32)

The 7th EAP should support the implementation, within the Union and at international level, of the outcomes of, and commitments undertaken at, the 2012 United Nations Conference on Sustainable Development (Rio + 20) and which aim to transform the global economy into an inclusive and green economy in the context of sustainable development and poverty reduction.

| (33) | An appropriate mix of policy instruments would enable businesses and consumers to improve their understanding of the impact of their activities on the environment and to manage that impact. Such policy instruments include economic incentives, market-based instruments, information requirements as well as voluntary tools and measures to complement legislative frameworks and to engage stakeholders at different levels. |
| --- | --- |

(33)

An appropriate mix of policy instruments would enable businesses and consumers to improve their understanding of the impact of their activities on the environment and to manage that impact. Such policy instruments include economic incentives, market-based instruments, information requirements as well as voluntary tools and measures to complement legislative frameworks and to engage stakeholders at different levels.

| (34) | All measures, actions and targets set out in the 7th EAP should be taken forward in accordance with the principles of smart regulation (22) and, where appropriate, subject to a comprehensive impact assessment. |
| --- | --- |

(34)

All measures, actions and targets set out in the 7th EAP should be taken forward in accordance with the principles of smart regulation (22) and, where appropriate, subject to a comprehensive impact assessment.

| (35) | Progress towards meeting the objectives of the 7th EAP should be monitored, assessed and evaluated on the basis of agreed indicators. |
| --- | --- |

(35)

Progress towards meeting the objectives of the 7th EAP should be monitored, assessed and evaluated on the basis of agreed indicators.

| (36) | In accordance with Article 192(3) TFEU, the priority objectives in respect of Union policy on the environment should be set out in a general action programme. |
| --- | --- |

(36)

In accordance with Article 192(3) TFEU, the priority objectives in respect of Union policy on the environment should be set out in a general action programme.

| (37) | For the priority objectives set out in this Decision, a number of measures and actions are identified in the 7th EAP set out in the Annex, with a view to achieving those objectives. |
| --- | --- |

(37)

For the priority objectives set out in this Decision, a number of measures and actions are identified in the 7th EAP set out in the Annex, with a view to achieving those objectives.

| (38) | Since the objective of this Decision, namely to set up a General Union Environment Action Programme setting out priority objectives, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of that action programme be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective, |
| --- | --- |

(38)

Since the objective of this Decision, namely to set up a General Union Environment Action Programme setting out priority objectives, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of that action programme be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS DECISION:

Article 1

A general Union action programme in the field of the environment for the period up to 31 December 2020 (‘the 7th Environment Action programme’ or ‘7th EAP’), as set out in the Annex, is hereby adopted.

Article 2

1.   The 7th Environment Action Programme shall have the following priority objectives:

| (a) | to protect, conserve and enhance the Union’s natural capital; |
| --- | --- |

(a)

to protect, conserve and enhance the Union’s natural capital;

| (b) | to turn the Union into a resource-efficient, green and competitive low-carbon economy; |
| --- | --- |

(b)

to turn the Union into a resource-efficient, green and competitive low-carbon economy;

| (c) | to safeguard the Union’s citizens from environment-related pressures and risks to health and well-being; |
| --- | --- |

(c)

to safeguard the Union’s citizens from environment-related pressures and risks to health and well-being;

| (d) | to maximise the benefits of Union environment legislation by improving implementation; |
| --- | --- |

(d)

to maximise the benefits of Union environment legislation by improving implementation;

| (e) | to improve the knowledge and evidence base for Union environment policy; |
| --- | --- |

(e)

to improve the knowledge and evidence base for Union environment policy;

| (f) | to secure investment for environment and climate policy and address environmental externalities; |
| --- | --- |

(f)

to secure investment for environment and climate policy and address environmental externalities;

| (g) | to improve environmental integration and policy coherence; |
| --- | --- |

(g)

to improve environmental integration and policy coherence;

| (h) | to enhance the sustainability of the Union’s cities; |
| --- | --- |

(h)

to enhance the sustainability of the Union’s cities;

| (i) | to increase the Union’s effectiveness in addressing international environmental and climate-related challenges. |
| --- | --- |

(i)

to increase the Union’s effectiveness in addressing international environmental and climate-related challenges.

2.   The 7th EAP shall be based on the precautionary principle, the principles of preventive action and of rectification of pollution at source and the polluter-pays principle.

3.   The 7th EAP shall contribute to a high level of environmental protection and to an improved quality of life and well-being for citizens.

4.   All measures, actions and targets set out in the 7th EAP shall be proposed and implemented in accordance with the principles of smart regulation and, where appropriate, subject to a comprehensive impact assessment.

Article 3

1.   The relevant Union institutions and the Member States are responsible for taking appropriate action, with a view to the delivery of the priority objectives set out in the 7th EAP. Action shall be taken with due account of the principles of conferral, subsidiarity and proportionality, in accordance with Article 5 of the Treaty on European Union.

2.   Public authorities at all levels shall work with businesses and social partners, civil society and individual citizens in implementing the 7th EAP.

Article 4

1.   The Commission shall ensure that the implementation of the relevant elements of the 7th EAP is monitored in the context of the regular monitoring process of the Europe 2020 Strategy. This process shall be informed by the European Environment Agency’s indicators on the state of the environment as well as indicators used to monitor progress in achieving existing environment and climate-related legislation and targets such as the climate and energy targets, biodiversity targets and resource efficiency milestones.

2.   The Commission shall also carry out an evaluation of the 7th EAP. That evaluation shall be based, inter alia, on the European Environment Agency’s report on the state of the environment and on a consultation with interested stakeholders. The Commission shall submit a report based on this evaluation to the European Parliament and to the Council in due course before the end of the 7th EAP.

3.   In the light of that evaluation and other relevant policy developments, the Commission shall, if appropriate, present a proposal for an 8th EAP in a timely manner, with a view to avoiding a gap between the 7th EAP and the 8th EAP.

Article 5

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

Done at Strasbourg, 20 November 2013.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

V. LEŠKEVIČIUS

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(1)  
  OJ C 161, 6.6.2013, p. 77.

1

(2)  
  OJ C 218, 30.7.2013, p. 53.

2

(3)  Position of the European Parliament of 24 October 2013 (not yet published in the Official Journal) and decision of the Council of 15 November 2013.

3

(4)  COM(2010) 2020 and European Council conclusions of 17 June 2010 (EUCO 13/10).

4

(5)  Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (OJ L 242, 10.9.2002, p. 1).

5

(6)  COM(2010) 2020.

6

(7)  Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1), Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16), Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63), Directive 2009/30/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive 93/12/EEC (OJ L 140, 5.6.2009, p. 88), Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114), Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020 (OJ L 140, 5.6.2009, p. 136).

7

2

(8)  COM(2011) 112. The Roadmap was noted by the Council in its Conclusions of 17 May 2011 and was endorsed by the European Parliament in its Resolution of 15 March 2012 (P7_TA(2012)0086).

8

(9)  COM(2011) 244.

9

(10)  COM(2011) 571.

10

(11)  COM(2010) 546.

11

(12)  European Council of 8 and 9 March 2007.

12

(13)  European Council conclusions of 25 and 26 March 2010 (EUCO 7/10); Council conclusions of 15 March 2010 (7536/10); COM(2011) 244.

13

(14)  Council conclusions of 4 December 2008 (16852/08).

14

(15)  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

15

(16)  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).

16

(17)  Decision No 1600/2002/EC; Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1).

17

(18)  Decision No 1600/2002/EC; Johannesburg Plan of Implementation (WSSD 2002).

18

(19)  Directive 2008/98/EC, of the European Parliament and of the Council of 19 November 2008 on waste (OJ L 312, 22.11.2008, p. 3).

19

(20)  Council conclusions of 11 June 2012 (11186/12); COM(2011) 571.

20

(21)  United Nations General Assembly Resolution A/Res/66/288 of 27 July 2012 on the outcome of the Rio + 20 Conference, entitled ‘The Future We Want’.

21

(22)  COM(2010) 543.

22

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ANNEX

THE 7th ENVIRONMENT ACTION PROGRAMME TO 2020 – ‘LIVING WELL, WITHIN THE LIMITS OF OUR PLANET’

| 1. | The following 2050 vision is intended to help guide action up to and beyond 2020:
  In 2050, we live well, within the planet’s ecological limits. Our prosperity and healthy environment stem from an innovative, circular economy where nothing is wasted and where natural resources are managed sustainably, and biodiversity is protected, valued and restored in ways that enhance our society’s resilience. Our low-carbon growth has long been decoupled from resource use, setting the pace for a safe and sustainable global society. |
| --- | --- |

1.

In 2050, we live well, within the planet’s ecological limits. Our prosperity and healthy environment stem from an innovative, circular economy where nothing is wasted and where natural resources are managed sustainably, and biodiversity is protected, valued and restored in ways that enhance our society’s resilience. Our low-carbon growth has long been decoupled from resource use, setting the pace for a safe and sustainable global society.

A PROGRAMME FOR ACTION TO 2020

| 2. | Over the past 40 years, a broad range of environment legislation has been put in place, amounting to the most comprehensive modern standards in the world. This has helped to address some of the most serious environmental concerns of citizens and businesses in the Union. |
| --- | --- |

2.

| 3. | Emissions of pollutants to air, water and soil have been reduced significantly over the past decades, as have GHG emissions in recent years. Union chemicals legislation has been modernised and the use of many toxic or hazardous substances such as lead, cadmium and mercury has been restricted in products found in most households. Union citizens enjoy a level of water quality that is among the best in the world, and over 18 % of the Union’s territory and 4 % of its seas have been designated as protected areas for nature. |
| --- | --- |

3.

| 4. | The Union’s environment policy has stimulated innovation and investment in environmental goods and services, generating jobs and export opportunities (1). Successive enlargements have extended high standards of environmental protection across a large part of the European continent, and the Union’s efforts have contributed to increasing international commitment to combatting climate change and biodiversity loss, and to successful global efforts to eliminate ozone-depleting substances and leaded fuels. |
| --- | --- |

4.

| 5. | Considerable headway has also been made in integrating environmental objectives into other Union policies and activities. The reformed Common Agricultural Policy (CAP) has, since 2003, linked direct payments to requirements that farmers maintain land in good agricultural and environmental condition and comply with relevant environment legislation. Fighting climate change has become an integral part of energy policy and progress is being made on integrating resource efficiency, climate change and energy efficiency concerns into other key sectors, such as transport and buildings. |
| --- | --- |

5.

| 6. | However, many environmental trends in the Union continue to be a cause for concern, not least due to insufficient implementation of existing Union environment legislation. Only 17 % of species and habitats assessed under the Habitats Directive (2) have favourable conservation status, and the degradation and loss of natural capital is jeopardising efforts to attain the Union’s biodiversity and climate change objectives. Such status of species and habitats as well as the degradation and loss of natural capital have high associated costs which have not yet been properly valued in our economic or social system. 30 % of the Union’s territory is highly fragmented, affecting the connectivity and health of ecosystems and their ability to provide services as well as viable habitats for species. While progress has been made in the Union to decouple growth from GHG emissions, resource use and environmental impacts, resource use is still largely unsustainable and inefficient, and waste is not yet properly managed. As a result, businesses in the Union are foregoing the significant opportunities that resource efficiency offers in terms of competitiveness, cost reductions, improved productivity and security of supply. Water quality and air pollution levels are still problematic in many parts of Europe, and Union citizens continue to be exposed to hazardous substances, potentially compromising their health and well-being. Unsustainable land use is consuming fertile soils, and soil degradation continues, resulting in impacts on global food security and the achievement of biodiversity targets. |
| --- | --- |

6.

| 7. | Environmental and climate change in the Union is increasingly caused by developments taking place at global level, including in relation to demographics, patterns of production and trade, and rapid technological progress. Such developments may offer significant opportunities for economic growth and societal well-being, but pose challenges and uncertainties for the Union’s economy and society and are causing environmental degradation worldwide (3). |
| --- | --- |

7.

| 8. | Together with current wasteful production and consumption systems in the world economy, rising global demand for goods and services and the depletion of resources are increasing the cost of essential raw materials, minerals and energy, generating more pollution and waste, increasing global GHG emissions and exacerbating land degradation, deforestation and biodiversity loss. Nearly two-thirds of the world’s ecosystems are in decline (4) and there is evidence that planetary boundaries for biodiversity, climate change and the nitrogen cycle have already been transgressed (5). There is likely to be a global shortfall of 40 % in water by 2030 unless there is significant progress made in improving resource efficiency. There is also the risk that climate change will further exacerbate such problems, and will result in high costs (6). In 2011, disasters partly due to climate change resulted in global economic losses of over EUR 300 billion. The Organisation for Economic Cooperation and Development (OECD) has warned that the continued degradation and erosion of natural capital risks bringing about irreversible changes that could endanger two centuries of rising living standards and entail significant costs (7). |
| --- | --- |

8.

| 9. | Addressing some of those complex issues requires tapping into the full potential of existing environmental technology and ensuring the continuous development and uptake by industry of the best available techniques and emerging innovations, as well as increased use of market-based instruments. Rapid advances in promising fields of science and technology are also needed. This should be made possible by boosting research and creating conditions conducive to private research-related investments. At the same time, there is a need to better understand the potential risks to the environment and human health associated with new technologies, and to assess and manage such technologies better. This is a precondition for public acceptance of new technologies, as well as for the Union’s capacity to identify and respond to potential risks associated with technological developments in an effective and timely manner. Major technological innovations should be accompanied by public dialogues and participatory processes. |
| --- | --- |

9.

| 10. | To live well in the future, urgent, concerted action should be taken now to improve ecological resilience and maximise the benefits environment policy can deliver for the economy and society, while respecting the planet’s ecological limits. The 7th EAP reflects the Union’s commitment to transforming itself into an inclusive green economy that secures growth and development, safeguards human health and well-being, provides decent jobs, reduces inequalities and invests in, and preserves biodiversity, including the ecosystem services it provides (natural capital), for its intrinsic value and for its essential contribution to human well-being and economic prosperity. |
| --- | --- |

10.

| 11. | The transformation into an inclusive green economy requires the integration of environment issues into other policies, such as energy, transport, agriculture, fisheries, trade, economy and industry, research and innovation, employment, development, foreign affairs, security, education and training, as well as social and tourism policy, so as to create a coherent, joined-up approach. Action within the Union should also be complemented by enhanced global action and cooperation with neighbouring countries to tackle common challenges. |
| --- | --- |

11.

| 12. | The Union has set this transformation in motion with long-term, integrated strategies to halt biodiversity loss (8), improve resource efficiency (9) and expedite the transition towards a safe and sustainable low-carbon economy (10). The Commission has further integrated environmental concerns and objectives in recent initiatives taken in other key policy areas, including energy (11) and transport (12), and sought to enhance the delivery of environmental benefits through reforms of Union policies for agriculture and rural development, fisheries and cohesion, building on achievements to date. In this regard, cross-compliance is particularly important in contributing to the sustainability of agriculture, by promoting the protection of vulnerable ecosystems, such as water bodies, soil and habitats for species. |
| --- | --- |

12.

| 13. | The Union has signed up to a large number of legally binding commitments under multilateral environmental agreements as well as to politically binding environmental commitments, including those agreed at the United Nations Conference on Sustainable Development (‘Rio + 20’) (13). The Rio + 20 outcome document recognises that the inclusive and green economy is an important tool for achieving sustainable development and poverty eradication. The document sets out a framework for action covering all three dimensions of sustainable development (environment, social and economic), many of which are reflected in the priority objectives of the 7th EAP. At Rio + 20, it was also agreed to develop sustainable development goals that are coherent with, and integrated into, the post-2015 UN development agenda, in order to strengthen the institutional framework and develop a financing strategy for sustainable development. Rio + 20 also adopted a global 10-year Framework of Programmes on sustainable consumption and production. The Union and its Member States should now ensure that those commitments are implemented within the Union, and should promote their implementation globally. |
| --- | --- |

13.

| 14. | The 7th EAP complements those efforts by defining priority objectives for the Union to attain over the period up to 2020. The 7th EAP shall support implementation and encourage action at all levels and promote environment and climate-related investment, also beyond 2020. |
| --- | --- |

14.

| 15. | In many cases, action to achieve the priority objectives will be required primarily at national, regional or local level, in line with the principle of subsidiarity. In other cases, additional measures at Union and international level will be needed. The public should also play an active role and should be properly informed about environment policy. Since environment policy is a sphere of shared competence in the Union, one of the purposes of the 7th EAP is to create common ownership of shared goals and objectives and ensure a level playing field for businesses and public authorities. Clear goals and objectives also provide policy makers and other stakeholders, including regions and cities, businesses and social partners, and individual citizens, with a sense of direction and a predictable framework for action. |
| --- | --- |

15.

| 16. | The integrated and coherent development of environment and climate policy can help to ensure that the Union’s economy and society are well-prepared to face the abovementioned challenges. Such action will require focusing on three thematic objectives:






  (a) | protecting, conserving and enhancing the Union’s natural capital; |
| --- | --- | --- |

16.

(a)

protecting, conserving and enhancing the Union’s natural capital;

| (b) | turning the Union into a resource-efficient, green and competitive low-carbon economy; |
| --- | --- |

(b)

turning the Union into a resource-efficient, green and competitive low-carbon economy;

| (c) | safeguarding the Union’s citizens from environment-related pressures and risks to health and well-being. |
| --- | --- |

(c)

safeguarding the Union’s citizens from environment-related pressures and risks to health and well-being.

Those three thematic objectives are inter-related and should be pursued in parallel. Action taken under one objective will often help to contribute to the achievement of the other objectives. For example, improving resource efficiency will ease the pressure on natural capital, while enhancing the resilience of the Union’s natural capital base will deliver benefits for human health and well-being. Action to mitigate and adapt to climate change will increase the resilience of the Union’s economy and society, while stimulating innovation and protecting the Union’s natural resources.

THEMATIC PRIORITIES

Priority objective 1:   To protect, conserve and enhance the Union’s natural capital

| 17. | The Union’s economic prosperity and well-being is underpinned by its natural capital, i.e. its biodiversity, including ecosystems that provide essential goods and services, from fertile soil and multi-functional forests to productive land and seas, from good quality fresh water and clean air to pollination and climate regulation and protection against natural disasters. A substantial body of Union legislation seeks to protect, conserve and enhance natural capital, including the Water Framework Directive (14), the Marine Strategy Framework Directive (15), the Urban Wastewater Directive (16), the Nitrates Directive (17), the Floods Directive (18), the Priority Substances Directive (19), the Air Quality Directive and related directives (20) and the Habitats and Birds Directives (21). Legislation to tackle climate change, chemicals, industrial emissions and waste also contributes to easing the pressures on soil and biodiversity, including ecosystems, species and habitats as well as reducing nutrient releases. |
| --- | --- |

17.

| 18. | However, recent assessments show that biodiversity in the Union is still being lost and that most ecosystems are seriously degraded (22) as a result of various pressures. For example, invasive alien species pose greater risks to plant, animal and human health, the environment and the economy than previously estimated. The EU Biodiversity Strategy to 2020 sets out targets and actions needed to reverse those negative trends, to halt the loss of biodiversity and the degradation of ecosystem services by 2020 and restore them as far as feasible (23). It is necessary to step up the implementation of that Strategy, and meet the targets contained therein in order to enable the Union to meet its biodiversity headline target for 2020. Whereas the Strategy includes built-in measures to improve the implementation of the Birds and Habitats Directives, including the Natura 2000 network, reaching the headline target will require the full implementation of all existing legislation aimed at protecting natural capital. |
| --- | --- |

18.

| 19. | Despite the requirement in the Water Framework Directive to protect, enhance and restore all bodies of surface and ground water, and considerable efforts to date, the objective of ‘good ecological status’ by 2015 is likely to be met only for 53 % of surface water bodies in the Union (24). The Marine Strategy Framework Directive target to achieve ‘good environmental status’ by 2020 is coming under severe pressure, due to, inter alia, continued overfishing, pollution (including underwater noise and marine litter) as well as the effects of global warming such as acidification, in Europe’s seas. In particular in the Mediterranean and the Black Sea, where the majority of coastal states are not Union Member States, close collaboration within the Union and with its neighbours will be essential to tackle such challenges effectively. And while Union air and industrial emissions policies have helped to reduce many forms of pollution, ecosystems continue to suffer from excess nitrogen and sulphur deposition and ozone pollution associated with emissions from transport, power generation and unsustainable agricultural practices. |
| --- | --- |

19.

| 20. | Protecting, conserving, enhancing and valuing the Union’s natural capital therefore also requires tackling problems at source through, inter alia, better integration of natural capital objectives in the development and implementation of other policies, and ensuring that policies are coherent and deliver mutual benefits. The environment-related elements set out in the Commission’s reform proposals, in particular for Union agriculture, fisheries and cohesion policy, backed by the proposals for greening the Union budget under the Multi-Annual Financial Framework 2014–2020 are designed to support those objectives. Since agriculture and forestry together represent 78 % of land cover in the Union, they play a major role in maintaining natural resources, especially good quality water and soil as well as biodiversity and diverse cultural landscapes. Greening of the CAP will promote environmentally beneficial agricultural and forestry practices such as crop diversification, the protection of permanent grassland and grazing land, and sustainable agroforestry, and will also promote the establishment and maintenance of ecologically valuable farmland and forest areas, including through extensive and traditional practices. It will also increase the land use, land-use change and forestry sector’s capacity to act as a carbon sink. An essential element in sustainable agriculture is farming with a sense of responsibility for future generations, while at the same time remaining resource-efficient and productive. |
| --- | --- |

20.

| 21. | The Union has the world’s largest maritime territory and therefore has a significant responsibility for ensuring the protection of the marine environment. In the case of the marine environment, while the maritime sector offers economic opportunities, from fishing, shipping and aquaculture to raw materials and offshore energy and marine biotechnology, care needs to be taken to ensure their exploitation is compatible with the conservation and sustainable management of marine and coastal ecosystems. In conjunction, maritime spatial planning and integrated coastal management within and between Member States can play an effective role in coordinating sustainable use of marine waters and coastal zones, when applying the ecosystem-based approach to the management of different sectoral activities in those areas. The marine environment is not adequately protected partly because completion of the Natura 2000 network is behind schedule, requiring further efforts from Member States. Marine-protected areas also need to be managed more efficiently. |
| --- | --- |

21.

| 22. | Ecosystem-based approaches to climate change mitigation and adaptation which also benefit biodiversity and the provision of other ecosystem services should be used more extensively as part of the Union’s climate change policy, while other environmental objectives such as biodiversity conservation and the protection of soil and water should be fully taken into account in decisions relating to renewable energy. Finally, measures to address transport-related air pollution and CO2 emissions will need to be taken (25). |
| --- | --- |

22.

| 23. | The degradation, fragmentation and unsustainable use of land in the Union is jeopardising the provision of several key ecosystem services, threatening biodiversity and increasing Europe’s vulnerability to climate change and natural disasters. It is also exacerbating soil degradation and desertification. More than 25 % of the Union’s territory is affected by soil erosion by water, which compromises soil functions and affects the quality of freshwater. Soil contamination and sealing are also persistent problems. More than half a million sites throughout the Union are thought to be contaminated and until they are identified and assessed, they will continue to pose potentially serious environmental, economic, social and health risks. Every year more than 1 000 km2 of land are taken for housing, industry, transport or recreational purposes. Such long-term changes are difficult or costly to reverse, and nearly always involve trade-offs between various social, economic and environmental needs. Environmental considerations including water protection and biodiversity conservation should be integrated into planning decisions relating to land use so that they are made more sustainable, with a view to making progress towards the objective of ‘no net land take’, by 2050. |
| --- | --- |

23.

| 24. | Varying levels of progress have been made at Member State level to ensure soil protection, including with regard to contaminated site identification, awareness-raising, research and the development of monitoring systems. However, progress with risk-based and other remediation efforts is uneven, and results and Union level reporting are limited. In response to concerns such as adverse impacts on the natural water cycle, the Commission has developed guidelines on soil sealing (26). Further efforts to strengthen the regulatory context, develop networks, share knowledge, produce guidelines and identify examples of best practice can also contribute to better soil protection. The Commission has submitted a proposal for a Directive establishing a framework for the protection of soil and amending Directive 2004/35/EC (27). |
| --- | --- |

24.

| 25. | To reduce the most significant man-made pressures on land, soil and other ecosystems in Europe, action will be taken to ensure that decisions, relating to land use, at all relevant levels give proper consideration to environmental as well as social and economic impacts. The Rio + 20 outcome, recognising the economic and social significance of good land management, called for a ‘land degradation neutral world’. The Union and its Member States should reflect on how best to make such a commitment operational within their respective competencies. The Union and its Member States should also reflect as soon as possible on how soil quality issues could be addressed using a targeted and proportionate risk-based approach within a binding legal framework. Targets should also be set for sustainable land use and soil. |
| --- | --- |

25.

| 26. | Although nitrogen and phosphorus inputs to the Union environment have decreased considerably over the past 20 years, excessive nutrient releases continue to affect air and water quality and to have a negative impact on ecosystems, causing significant problems for human health. In particular, ammonia release from inefficient fertiliser management and inadequate waste water treatment urgently need to be tackled to achieve further significant reductions in nutrient releases. Further efforts to manage the nutrient cycle in a more cost-effective, sustainable and resource-efficient way, and to improve efficiency in the use of fertilisers are also required. Such efforts call for investments in research and improvements in the coherence and implementation of Union environment legislation to address those challenges, tightening standards where necessary and addressing the nutrient cycle as part of a more holistic approach which integrates and creates links between existing Union policies that play a role in tackling eutrophication and excessive nutrient releases, and avoids a situation whereby nutrient emissions are shifted across environmental media. |
| --- | --- |

26.

| 27. | Action under the EU Biodiversity Strategy to restore at least 15 % of degraded ecosystems in the Union and to expand the use of Green Infrastructure (a tool for providing ecological, economic and social benefits through natural solutions, incorporating green spaces, aquatic ecosystems and other physical features in terrestrial and marine areas) will help to overcome land fragmentation. Such action will, in combination with the full implementation of the Birds and Habitats Directives, supported by Prioritised Action Frameworks, further enhance natural capital and increase ecosystem resilience, and can offer cost-effective options for climate change mitigation and adaptation and disaster risk management. Meanwhile, Member States’ efforts to map and assess ecosystems and their services will improve data availability, and, along with the ‘no net loss’ initiative planned in 2015, will contribute to maintaining the stock of natural capital at a variety of scales. The integration of the economic value of ecosystem services into accounting and reporting systems at Union and national level by 2020 will result in better management of the Union’s natural capital. |
| --- | --- |

27.

| 28. | In order to protect, conserve and enhance the Union’s natural capital, the 7th EAP shall ensure that by 2020:






  (a) | the loss of biodiversity and the degradation of ecosystem services, including pollination, are halted, ecosystems and their services are maintained and at least 15 % of degraded ecosystems have been restored; |
| --- | --- | --- |

28.

(a)

the loss of biodiversity and the degradation of ecosystem services, including pollination, are halted, ecosystems and their services are maintained and at least 15 % of degraded ecosystems have been restored;

| (b) | the impact of pressures on transitional, coastal and fresh waters (including surface and ground waters) is significantly reduced to achieve, maintain or enhance good status, as defined by the Water Framework Directive; |
| --- | --- |

(b)

the impact of pressures on transitional, coastal and fresh waters (including surface and ground waters) is significantly reduced to achieve, maintain or enhance good status, as defined by the Water Framework Directive;

| (c) | the impact of pressures on marine waters is reduced to achieve or maintain good environmental status, as required by the Marine Strategy Framework Directive, and coastal zones are managed sustainably; |
| --- | --- |

(c)

the impact of pressures on marine waters is reduced to achieve or maintain good environmental status, as required by the Marine Strategy Framework Directive, and coastal zones are managed sustainably;

| (d) | air pollution and its impacts on ecosystems and biodiversity are further reduced with the long-term aim of not exceeding critical loads and levels; |
| --- | --- |

(d)

air pollution and its impacts on ecosystems and biodiversity are further reduced with the long-term aim of not exceeding critical loads and levels;

| (e) | land is managed sustainably in the Union, soil is adequately protected and the remediation of contaminated sites is well underway; |
| --- | --- |

(e)

land is managed sustainably in the Union, soil is adequately protected and the remediation of contaminated sites is well underway;

| (f) | the nutrient cycle (nitrogen and phosphorus) is managed in a more sustainable and resource-efficient way; |
| --- | --- |

(f)

the nutrient cycle (nitrogen and phosphorus) is managed in a more sustainable and resource-efficient way;

| (g) | forest management is sustainable, and forests, their biodiversity and the services they provide are protected and, as far as feasible, enhanced and the resilience of forests to climate change, fires, storms, pests and diseases is improved. |
| --- | --- |

(g)

forest management is sustainable, and forests, their biodiversity and the services they provide are protected and, as far as feasible, enhanced and the resilience of forests to climate change, fires, storms, pests and diseases is improved.

This requires, in particular:

| (i) | stepping up the implementation of the EU Biodiversity Strategy without delay, in order to meet its targets; |
| --- | --- |

(i)

stepping up the implementation of the EU Biodiversity Strategy without delay, in order to meet its targets;

| (ii) | fully implementing the Blueprint to Safeguard Europe’s Water Resources (28), having due regard for Member States’ specific circumstances, and ensuring that water quality objectives are adequately supported by source-based policy measures; |
| --- | --- |

(ii)

fully implementing the Blueprint to Safeguard Europe’s Water Resources (28), having due regard for Member States’ specific circumstances, and ensuring that water quality objectives are adequately supported by source-based policy measures;

| (iii) | urgently increasing efforts, inter alia, to ensure that healthy fish stocks are achieved in line with the Common Fisheries Policy, the Marine Strategy Framework Directive and international obligations. Combating pollution and establishing a Union-wide quantitative reduction headline target for marine litter supported by source-based measures and taking into account the marine strategies established by Member States. Completing the Natura 2000 network of marine protected areas, and ensuring that coastal zones are managed sustainably; |
| --- | --- |

(iii)

urgently increasing efforts, inter alia, to ensure that healthy fish stocks are achieved in line with the Common Fisheries Policy, the Marine Strategy Framework Directive and international obligations. Combating pollution and establishing a Union-wide quantitative reduction headline target for marine litter supported by source-based measures and taking into account the marine strategies established by Member States. Completing the Natura 2000 network of marine protected areas, and ensuring that coastal zones are managed sustainably;

| (iv) | agreeing and implementing an EU Strategy on adaptation to climate change (29), including the mainstreaming of climate change adaptation into key Union policy initiatives and sectors; |
| --- | --- |

(iv)

agreeing and implementing an EU Strategy on adaptation to climate change (29), including the mainstreaming of climate change adaptation into key Union policy initiatives and sectors;

| (v) | strengthening efforts to reach full compliance with Union air quality legislation and defining strategic targets and actions beyond 2020; |
| --- | --- |

(v)

strengthening efforts to reach full compliance with Union air quality legislation and defining strategic targets and actions beyond 2020;

| (vi) | increasing efforts to reduce soil erosion and increase soil organic matter, to remediate contaminated sites and to enhance the integration of land use aspects into coordinated decision-making involving all relevant levels of government, supported by the adoption of targets on soil and on land as a resource, and land planning objectives; |
| --- | --- |

(vi)

increasing efforts to reduce soil erosion and increase soil organic matter, to remediate contaminated sites and to enhance the integration of land use aspects into coordinated decision-making involving all relevant levels of government, supported by the adoption of targets on soil and on land as a resource, and land planning objectives;

| (vii) | taking further steps to reduce emissions of nitrogen and phosphorus, including those from urban and industrial wastewater and from fertiliser use, inter alia, through better source control, and the recovery of waste phosphorus; |
| --- | --- |

(vii)

taking further steps to reduce emissions of nitrogen and phosphorus, including those from urban and industrial wastewater and from fertiliser use, inter alia, through better source control, and the recovery of waste phosphorus;

| (viii) | developing and implementing a renewed Union Forest Strategy that addresses the multiple demands on, and benefits of, forests and contributes to a more strategic approach to protecting and enhancing forests, including through sustainable forest management; |
| --- | --- |

(viii)

developing and implementing a renewed Union Forest Strategy that addresses the multiple demands on, and benefits of, forests and contributes to a more strategic approach to protecting and enhancing forests, including through sustainable forest management;

| (ix) | enhancing Union public information provision, awareness and education on environment policy. |
| --- | --- |

(ix)

enhancing Union public information provision, awareness and education on environment policy.

Priority objective 2:   To turn the Union into a resource-efficient, green and competitive low-carbon economy

| 29. | The Europe 2020 Strategy seeks to promote sustainable growth by developing a more competitive low-carbon economy that makes efficient, sustainable use of resources. Its ‘Resource-efficient Europe’ Flagship Initiative aims to support the shift towards an economy that is efficient in the way it uses all resources, absolutely decouples economic growth from resource and energy use and its environmental impacts, reduces GHG emissions, enhances competitiveness through efficiency and innovation and promotes greater energy and resource security, including through reduced overall resource use. The Roadmap to a Resource Efficient Europe and the Roadmap for moving to a competitive low-carbon economy (30) are key building blocks of the Flagship Initiative, setting out the framework for future actions to deliver on those objectives, and should be supported by the exchange of best practice between Member States. Furthermore, a partnership between the Union, its Member States and industry, under the Union’s integrated industrial policy will provide a means of stepping up investment and innovation in six green economy-related growth markets (31). |
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29.

| 30. | Innovation to improve resource efficiency is required throughout the economy to improve competitiveness in the context of rising resource prices, scarcity, raw material supply constraints and dependency on imports. The business sector is the primary driver of innovation, including eco-innovation. However, markets alone will not yield the desired results, and in order to improve their environmental performance, small and medium-sized enterprises (SMEs), in particular, require specific assistance with the uptake of new technologies, including through research and innovation partnerships on waste (32). Government action, at Union and Member State level, is essential to provide the right framework conditions for investment and eco-innovation, stimulating the development of sustainable business or technological solutions to environmental challenges and promoting sustainable patterns of resource use (33). |
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30.

| 31. | This key requirement for meeting environmental challenges also has important socioeconomic benefits and can stimulate competitiveness. Potential job growth brought about by the transformation to a low carbon, resource-efficient, safe and sustainable economy is central to the fulfilment of the Europe 2020 employment objectives (34). Employment in environmental technologies and service sectors in the Union has been growing by around 3 % annually over recent years (35). The global market for eco-industries is estimated to be worth at least one trillion EUR (36), and is forecast to almost double over the next 10 years. European companies already have a global lead in recycling and energy efficiency and should be encouraged to benefit from this growth in global demand, supported by the Eco-innovation Action Plan (37). For example, the European renewables sector alone is expected to generate more than 400 000 new jobs by 2020 (38). A sustainable bioeconomy can also contribute to intelligent and green growth in Europe, and, at the same time, it will benefit from improved resource efficiency. |
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31.

| 32. | Fully implementing the Union Climate and Energy Package is essential to reaching the milestones identified for 2020 and for building a competitive, safe and sustainable low-carbon economy by 2050. Whereas the Union is currently on track to reduce domestic GHG emissions 20 % below 1990 levels by 2020, meeting the 20 % energy efficiency target will require far more rapid efficiency improvements and behavioural change. The Energy Efficiency Directive (39) is expected to make a significant contribution in this regard, and could be complemented by efficiency requirements for the energy use of products placed on the Union market. A comprehensive assessment of the availability of sustainable biomass is also important in the light of the increasing demand for energy and the on-going debate on the conflict between land use for food and land use for bio-energy. It is also vital to ensure that biomass in all its forms is produced and used sustainably and efficiently over its whole life cycle, so as to minimise or avoid negative impacts on the environment and climate and with due regard for the economic context of the various uses of biomass as a resource. This would contribute to building a low-carbon economy. |
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32.

| 33. | All sectors of the economy will need to contribute to reducing GHG emissions if the Union is to deliver its fair share of global efforts. The Union needs to agree the next steps for its climate and energy framework beyond 2020 in order to prepare itself for international negotiations on a new legally binding agreement, but also to provide Member States, industry and other sectors with a clear legally-binding framework and target(s) to make the medium- and long-term investments needed in emissions reduction, energy efficiency and renewable energy. Hence the Union needs to consider policy options to make the transition to a low-carbon economy in a gradual, cost-effective way, taking into account the indicative milestones set out in the Low-Carbon Economy Roadmap to 2050, which should serve as the basis for further work. The Green Paper on a 2030 framework for climate and energy policies (40) represents an important step in this regard. The 2050 Energy roadmap and the White Paper on transport need to be underpinned by strong policy frameworks. Moreover, Member States need to develop and put in place long-term, cost-effective low-carbon development strategies aimed at achieving the Union objective of reducing GHG emissions by 80 % to 95 % by mid-century, compared to 1990 levels, as part of a global effort to limit the average temperature increase to below 2 °C compared to pre-industrial levels, and in the context of necessary reductions by developed countries as a group, according to evidence provided by the Intergovernmental Panel on Climate Change (IPCC). The Union Emissions Trading System will continue to be a central pillar of Union climate policy beyond 2020, and should be structurally reformed to incentivise low-carbon investment. Consistent with international commitments, the Union, together with other parties to the United Nations Framework Convention on Climate Change (UNFCCC), should support developing countries in their efforts to mitigate climate change through capacity-building, financial aid and technology transfer. |
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33.

| 34. | The uptake by industry of the ‘Best Available Techniques’ under the Industrial Emissions Directive (41) will deliver improved resource-use patterns and reduced emissions for over 50 000 major industrial installations in the Union, thus making a significant contribution to stimulating the development of innovative techniques, greening the economy and reducing costs for industry in the longer term. This development can be further encouraged by the implementation of enviromental management systems, such as EMAS (42), by industry. |
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34.

| 35. | Some existing policy instruments relating to production and consumption are limited in scope. There is a need for a framework that gives appropriate signals to producers and consumers to promote resource efficiency and the circular economy. Measures will be taken to further improve the environmental performance of goods and services on the Union market over their whole life cycle including measures to increase the supply of environmentally sustainable products and stimulate a significant shift in consumer demand for such products. This will be achieved using a balanced mix of incentives for consumers and businesses (including SMEs), market-based instruments and regulations to reduce the environmental impacts of their operations and products. Consumers should receive accurate, easy to understand and reliable information about the products they purchase, through clear and coherent labelling, including in relation to environmental claims. Packaging should be optimised to minimise environmental impacts, and resource efficient business models such as product service systems, including leasing of products, should also be supported. Existing product legislation such as the Ecodesign and Energy Label Directives (43) and the Ecolabel Regulation (44) will be reviewed with a view to improving the environmental performance and resource efficiency of products throughout their lifecycle, and addressing existing provisions through a more coherent policy and legislative framework for sustainable production and consumption in the Union (45). This framework supported by lifecycle indicators should address the fragmentation and scope limitations of the existing Sustainable Consumption and Production (SCP) acquis, and identify, and where necessary fill, gaps in policy, incentives and legislation to ensure minimum requirements are in place with regard to the environmental performance of products and services. |
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35.

| 36. | Since 80 % of all environmental impacts of a product during its lifecycle originate in its design phase, the Union policy framework should ensure that priority products placed on the Union market are ‘eco-designed’ with a view to optimising resource and material efficiency. This should include addressing, inter alia, product durability, reparability, re-usability, recyclability, recycled content and product lifespan. Products should be sustainably sourced and designed for re-use and recycling. Those requirements will have to be implementable and enforceable. Efforts will be stepped up at Union and national level to remove barriers to eco-innovation (46), and to unlock the full potential of Europe’s eco-industries, thereby generating benefits for green jobs and growth. |
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36.

| 37. | To set a framework for action to improve resource efficiency aspects beyond GHG emissions and energy, targets for reducing the overall lifecycle environmental impact of consumption will be set, in particular in the food, housing and mobility sectors (47). Taken together, those sectors are responsible for almost 80 % of the environmental impacts of consumption. Indicators and targets for land, water, material and carbon footprints as well as their role within the European Semester should also be considered in this regard. The Rio + 20 outcome recognised the need to significantly reduce post-harvest and other food losses and waste throughout the food supply chain. The Commission should present a comprehensive strategy to combat unnecessary food waste and work with Member States in the fight against excessive food waste generation. Measures to increase composting and anaerobic digestion of discarded food, as appropriate, would be helpful in this regard. |
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37.

| 38. | In addition to mandatory green public procurement requirements for certain product categories (48), most Member States have adopted voluntary action plans and many have set targets for specific product groups. There is, however, considerable scope for administrations at all levels to further reduce their environmental impact through their purchasing decisions. Member States and regions should take further steps to reach the target of applying green procurement criteria to at least 50 % of public tenders. The Commission will consider proposing sector-specific legislation to set mandatory green public procurement requirements for additional product categories and the scope for periodic monitoring of Member States’ progress on the basis of adequate Member State data, while having regard for the need to minimise the level of administrative burden. Voluntary green purchaser networks should be developed. |
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38.

| 39. | There is also considerable potential for improving waste prevention and management in the Union to make better use of resources, open up new markets, create new jobs and reduce dependence on imports of raw materials, while having lower impacts on the environment (49). Each year in the Union, 2,7 billion tonnes of waste are produced, of which 98 million tonnes (4 %) are hazardous. In 2011, per capita municipal waste generation averaged 503 kg throughout the Union, but ranges from 298 to 718 kg across individual Member States. On average, only 40 % of solid waste is prepared for re-use or recycled whereas some Member States achieve a rate of 70 %, showing how waste could be used as one of the Union’s key resources. At the same time, many Member States landfill over 75 % of their municipal waste (50). |
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39.

| 40. | Turning waste into a resource, as called for in the Roadmap to a Resource Efficient Europe, requires the full implementation of Union waste legislation throughout the Union, based on strict application of the waste hierarchy and covering different types of waste (51). Additional efforts are needed to reduce per capita waste generation and waste generation in absolute terms. Limiting energy recovery to non-recyclable (52) materials, phasing out landfilling of recyclable or recoverable waste (53), ensuring high quality recycling where the use of recycled material does not lead to overall adverse environmental or human health impacts, and developing markets for secondary raw materials are also necessary to achieve resource efficiency objectives. Hazardous waste will need to be managed so as to minimise significant adverse effects on human health and the environment, as agreed at Rio + 20. To achieve that aim, market-based instruments and other measures that privilege prevention, recycling and re-use should be applied much more systematically throughout the Union, including extended producer responsibility, while the development of non-toxic material cycles should be supported. Barriers facing recycling activities in the Union internal market should be removed and existing prevention, re-use, recycling, recovery and landfill diversion targets reviewed so as to move towards a lifecycle-driven ‘circular’ economy, with a cascading use of resources and residual waste that is close to zero. |
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40.

| 41. | Resource efficiency in the water sector will also be tackled as a priority to help deliver good water status. Even though droughts and water scarcity are affecting more and more parts of Europe, an estimated 20-40 % of Europe’s available water is still being wasted, for instance, through leakages in the distribution system or inadequate uptake of water efficiency technologies. According to available modelling, there is still considerable scope for improving water efficiency in the Union. Moreover, rising demand and the impacts of climate change are expected to increase the pressure on Europe’s water resources significantly. Against this background, the Union and its Member States should take action to ensure that citizens have access to clean water and that water abstraction respects available renewable water resource limits, by 2020, with a view to maintaining, achieving or enhancing good water status in accordance with the Water Framework Directive, including by improving water efficiency through the use of market mechanisms such as water pricing that reflects the true value of water, as well as other tools, such as education and awareness raising (54). The biggest consuming sectors, such as energy and agriculture, should be encouraged to prioritise the most resource-efficient use of water. Progress will be facilitated by accelerated demonstration and rolling out of innovative technologies, systems and business models building on the Strategic Implementation Plan of the European Innovation Partnership on Water. |
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41.

| 42. | A long-term and predictable policy framework in all those areas will help to stimulate the level of investments and action needed to fully develop markets for greener technologies and promote sustainable business solutions. Resource efficiency indicators and targets underpinned by robust data collection would provide the necessary guidance for public and private decision-makers in transforming the economy. Once agreed at Union level, such indicators and targets will become an integral part of the 7th EAP. Methodologies to measure the resource efficiency of water, land, material and carbon should be developed by 2015 to assist this process. |
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42.

| 43. | In order to turn the Union into a resource-efficient, green and competitive low-carbon economy, the 7th EAP shall ensure that by 2020:






  (a) | the Union has met its 2020 climate and energy targets and is working towards reducing by 2050 GHG emissions by 80–95 % compared to 1990 levels, as part of a global effort to limit the average temperature increase below 2 °C compared to pre-industrial levels, with the agreement of a climate and energy framework for 2030 as a key step in this process; |
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43.

(a)

the Union has met its 2020 climate and energy targets and is working towards reducing by 2050 GHG emissions by 80–95 % compared to 1990 levels, as part of a global effort to limit the average temperature increase below 2 °C compared to pre-industrial levels, with the agreement of a climate and energy framework for 2030 as a key step in this process;

| (b) | the overall environmental impact of all major sectors of the Union economy is significantly reduced, resource efficiency has increased, and benchmarking and measurement methodologies are in place. Market and policy incentives that foster business investments in resource efficiency are in place, while green growth is stimulated through measures to foster innovation; |
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(b)

the overall environmental impact of all major sectors of the Union economy is significantly reduced, resource efficiency has increased, and benchmarking and measurement methodologies are in place. Market and policy incentives that foster business investments in resource efficiency are in place, while green growth is stimulated through measures to foster innovation;

| (c) | structural changes in production, technology and innovation, as well as consumption patterns and lifestyles have reduced the overall environmental impact of production and consumption, in particular in the food, housing and mobility sectors; |
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(c)

structural changes in production, technology and innovation, as well as consumption patterns and lifestyles have reduced the overall environmental impact of production and consumption, in particular in the food, housing and mobility sectors;

| (d) | waste is safely managed as a resource and to prevent harm to health and the environment, absolute waste generation and waste generated per capita are in decline, landfilling is limited to residual (i.e. non-recyclable and non-recoverable) waste, having regard to the postponements provided for in Article 5(2) of the Landfill Directive (55) and energy recovery is limited to non-recyclable materials, having regard to Article 4(2) of the Waste Framework Directive (56); |
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(d)

waste is safely managed as a resource and to prevent harm to health and the environment, absolute waste generation and waste generated per capita are in decline, landfilling is limited to residual (i.e. non-recyclable and non-recoverable) waste, having regard to the postponements provided for in Article 5(2) of the Landfill Directive (55) and energy recovery is limited to non-recyclable materials, having regard to Article 4(2) of the Waste Framework Directive (56);

| (e) | water stress in the Union is prevented or significantly reduced. |
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(e)

water stress in the Union is prevented or significantly reduced.

This requires, in particular:

| (i) | fully implementing the Climate and Energy Package and urgently agreeing on the Union’s 2030 climate and energy policy framework, with due regard for the most recent IPCC assessment report, taking into account the indicative milestones set out in the Low-Carbon Roadmap, as well as developments within the UNFCCC and other relevant processes; |
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(i)

fully implementing the Climate and Energy Package and urgently agreeing on the Union’s 2030 climate and energy policy framework, with due regard for the most recent IPCC assessment report, taking into account the indicative milestones set out in the Low-Carbon Roadmap, as well as developments within the UNFCCC and other relevant processes;

| (ii) | generalising the application of ‘Best Available Techniques’ in the context of the Industrial Emissions Directive and enhancing efforts to promote the uptake of emerging innovative technologies, processes and services; |
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(ii)

generalising the application of ‘Best Available Techniques’ in the context of the Industrial Emissions Directive and enhancing efforts to promote the uptake of emerging innovative technologies, processes and services;

| (iii) | giving impetus to the public and private research and innovation efforts required for the development and uptake of innovative technologies, systems and business models which will speed up and lower the cost of transition to a low-carbon, resource-efficient, safe and sustainable economy. Further developing the approach set out in the Eco-innovation Action Plan, identifying priorities for incremental innovation as well as system changes, promoting a larger market share of green technologies in the Union and enhancing the competitiveness of the European eco-industry. Establishing indicators and setting realistic and achievable targets for resource efficiency; |
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(iii)

giving impetus to the public and private research and innovation efforts required for the development and uptake of innovative technologies, systems and business models which will speed up and lower the cost of transition to a low-carbon, resource-efficient, safe and sustainable economy. Further developing the approach set out in the Eco-innovation Action Plan, identifying priorities for incremental innovation as well as system changes, promoting a larger market share of green technologies in the Union and enhancing the competitiveness of the European eco-industry. Establishing indicators and setting realistic and achievable targets for resource efficiency;

| (iv) | developing measurement and benchmarking methodologies by 2015 for resource efficiency of land, carbon, water and material use and assessing the appropriateness of the inclusion of a lead indicator and target in the European Semester; |
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(iv)

developing measurement and benchmarking methodologies by 2015 for resource efficiency of land, carbon, water and material use and assessing the appropriateness of the inclusion of a lead indicator and target in the European Semester;

| (v) | establishing a more coherent policy framework for sustainable production and consumption including, where appropriate, the consolidation of existing instruments into a coherent legal framework. Reviewing product legislation with a view to improving the environmental performance and resource efficiency of products throughout their lifecycle. Stimulating consumer demand for environmentally sustainable products and services through policies which promote their availability, affordability, functionality and attractiveness. Developing indicators and realistic and achievable targets for the reduction of the overall impact of consumption; |
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(v)

establishing a more coherent policy framework for sustainable production and consumption including, where appropriate, the consolidation of existing instruments into a coherent legal framework. Reviewing product legislation with a view to improving the environmental performance and resource efficiency of products throughout their lifecycle. Stimulating consumer demand for environmentally sustainable products and services through policies which promote their availability, affordability, functionality and attractiveness. Developing indicators and realistic and achievable targets for the reduction of the overall impact of consumption;

| (vi) | developing training programmes geared towards green jobs; |
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(vi)

developing training programmes geared towards green jobs;

| (vii) | increasing efforts to reach existing targets and reviewing approaches to green public procurement, including its scope, in order to increase its effectiveness. Establishing a voluntary green purchaser network for Union businesses; |
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(vii)

increasing efforts to reach existing targets and reviewing approaches to green public procurement, including its scope, in order to increase its effectiveness. Establishing a voluntary green purchaser network for Union businesses;

| (viii) | fully implementing Union waste legislation. Such implementation will include applying the waste hierarchy in accordance with the Waste Framework Directive and the effective use of market-based instruments and other measures to ensure that: (1) landfilling is limited to residual (i.e. non-recyclable and non-recoverable) waste, having regard to the postponements provided for in Article 5(2) of the Landfill Directive; (2) energy recovery is limited to non-recyclable materials, having regard to Article 4(2) of the Waste Framework Directive; (3) recycled waste is used as a major, reliable source of raw material for the Union, through the development of non-toxic material cycles; (4) hazardous waste is safely managed and its generation is reduced; (5) illegal waste shipments are eradicated, with the support of stringent monitoring; and (6) food waste is reduced. Reviews of existing product and waste legislation are carried out, including a review of the main targets of the relevant waste directives, informed by the Roadmap to a Resource Efficient Europe, so as to move towards a circular economy; and internal market barriers for environmentally-sound recycling activities in the Union are removed. Public information campaigns are required to build awareness and understanding of waste policy and to stimulate a change in behaviour; |
| --- | --- |

(viii)

fully implementing Union waste legislation. Such implementation will include applying the waste hierarchy in accordance with the Waste Framework Directive and the effective use of market-based instruments and other measures to ensure that: (1) landfilling is limited to residual (i.e. non-recyclable and non-recoverable) waste, having regard to the postponements provided for in Article 5(2) of the Landfill Directive; (2) energy recovery is limited to non-recyclable materials, having regard to Article 4(2) of the Waste Framework Directive; (3) recycled waste is used as a major, reliable source of raw material for the Union, through the development of non-toxic material cycles; (4) hazardous waste is safely managed and its generation is reduced; (5) illegal waste shipments are eradicated, with the support of stringent monitoring; and (6) food waste is reduced. Reviews of existing product and waste legislation are carried out, including a review of the main targets of the relevant waste directives, informed by the Roadmap to a Resource Efficient Europe, so as to move towards a circular economy; and internal market barriers for environmentally-sound recycling activities in the Union are removed. Public information campaigns are required to build awareness and understanding of waste policy and to stimulate a change in behaviour;

| (ix) | improving water efficiency by setting and monitoring targets at river basin level on the basis of a common methodology for water efficiency targets to be developed under the Common Implementation Strategy process, and using market mechanisms, such as water pricing, as provided for in Article 9 of the Water Framework Directive and, where appropriate, other market measures. Developing approaches to manage the use of treated wastewater. |
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(ix)

improving water efficiency by setting and monitoring targets at river basin level on the basis of a common methodology for water efficiency targets to be developed under the Common Implementation Strategy process, and using market mechanisms, such as water pricing, as provided for in Article 9 of the Water Framework Directive and, where appropriate, other market measures. Developing approaches to manage the use of treated wastewater.

Priority objective 3:   To safeguard the Union’s citizens from environment-related pressures and risks to health and well-being

| 44. | Union environment legislation has delivered significant benefits for the health and well-being of the public. However, water pollution, air pollution and chemicals remain among the general public’s top environmental concerns in the Union (57). The World Health Organisation (WHO) estimates that environmental stressors are responsible for between 15 % and 20 % of all deaths in 53 European countries (58). According to the OECD, urban air pollution is set to become the primary environmental cause of mortality worldwide by 2050. |
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44.

| 45. | A substantial proportion of the Union’s population remains exposed to levels of air pollution, including indoor air pollution, exceeding WHO recommended standards (59). For example, local coal-fuelled heating and combustion engines and installations are a significant source of mutagenic and carcinogenic poly-aromatic hydrocarbons (PAH) and dangerous emissions of particulate matter (PM 10, PM 2,5 and PM 1). Action is especially needed in areas, such as in cities, where people, particularly sensitive or vulnerable groups of society, and ecosystems, are exposed to high levels of pollutants. In order to ensure a healthy environment for all, local measures should be complemented with adequate policy at both national and Union level. |
| --- | --- |

45.

| 46. | Access to water of satisfactory quality remains problematic in a number of rural areas in the Union. Yet ensuring the good quality of Europe’s bathing waters benefits both human health and the Union’s tourism industry. The adverse consequences of floods and drought for human health and economic activity are being experienced more frequently, partly due to changes to the hydrological cycle and land use. |
| --- | --- |

46.

| 47. | The failure to fully implement existing policy is preventing the Union from achieving adequate air and water quality standards. The Union will update targets in line with the latest science and seek more actively to ensure synergies with other policy objectives in areas such as climate change, mobility and transport, biodiversity and the marine and terrestrial environment. For example, reducing certain air pollutants, including short-lived climate pollutants, can make an important contribution to climate mitigation. Further work in this direction will be informed by a comprehensive review of Union air quality legislation and by the implementation of the Blueprint to Safeguard Europe’s Water Resources. |
| --- | --- |

47.

| 48. | Tackling pollution at source remains a priority and the implementation of the Industrial Emissions Directive will further reduce emissions from major industrial sectors. Achieving the goals set out in the Roadmap to a Single European Transport Area will also lead to more sustainable mobility in the Union, thereby addressing a major source of noise and local air pollution. |
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48.

| 49. | Available data on long-term average exposure show that 65 % of Europeans living in major urban areas are exposed to high noise levels (60), and more than 20 % to night time noise levels at which adverse health effects occur frequently. |
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49.

| 50. | Horizontal chemicals legislation (REACH (61) and the Classification, Labelling and Packaging (62) Regulations), as well as legislation on biocidal products (63) and plant protection products (64), provides baseline protection for human health and the environment, ensures stability and predictability for economic operators, and promotes the uptake of evolving non-animal testing methods. However, there is still uncertainty about the full impacts on human health and the environment of the combined effects of different chemicals (mixtures), nanomaterials, chemicals that interfere with the endocrine (hormone) system (endocrine disruptors) and chemicals in products. Research indicates that some chemicals have endocrine-disrupting properties that may cause a number of adverse effects on health and the environment, including with regard to the development of children, potentially even at very low doses, and that such effects warrant consideration of precautionary action.
  In light of this, efforts need to be stepped up to ensure that, by 2020, all relevant substances of very high concern, including substances with endocrine-disrupting properties, are placed on the REACH candidate list. There is a need for action to deal with such challenges, especially if the Union is to attain the goal agreed at the World Summit on Sustainable Development in 2002, reaffirmed at Rio + 20, and accepted also as the goal of the Strategic Approach to International Chemicals Management, namely to ensure ‘the minimisation of significant adverse effects’ of chemicals on human health and the environment by 2020 and to respond to new and emerging issues and challenges in an effective, efficient, coherent and coordinated manner.
  The Union will further develop and implement approaches to address combination effects of chemicals and safety concerns related to endocrine disruptors in all relevant Union legislation. In particular, the Union will develop harmonised hazard-based criteria for the identification of endocrine disruptors. The Union will also set out a comprehensive approach to minimising exposure to hazardous substances, including chemicals in products. The safety and sustainable management of nanomaterials and materials with similar properties will be ensured as part of a comprehensive approach involving risk assessment and management, information and monitoring. There are also concerns about the potential impacts on the environment and human health of materials that contain particles of a size that falls outside the scope of the nanomaterials definition but which may have similar properties to nanomaterials. Such concerns should be examined further in the planned Commission review of the definition of nanomaterials in 2014 in the light of experience and of scientific and technological developments. Together, those approaches will increase the chemical knowledge base and provide a predictable framework driving the development of more sustainable solutions. |
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50.

In light of this, efforts need to be stepped up to ensure that, by 2020, all relevant substances of very high concern, including substances with endocrine-disrupting properties, are placed on the REACH candidate list. There is a need for action to deal with such challenges, especially if the Union is to attain the goal agreed at the World Summit on Sustainable Development in 2002, reaffirmed at Rio + 20, and accepted also as the goal of the Strategic Approach to International Chemicals Management, namely to ensure ‘the minimisation of significant adverse effects’ of chemicals on human health and the environment by 2020 and to respond to new and emerging issues and challenges in an effective, efficient, coherent and coordinated manner.

The Union will further develop and implement approaches to address combination effects of chemicals and safety concerns related to endocrine disruptors in all relevant Union legislation. In particular, the Union will develop harmonised hazard-based criteria for the identification of endocrine disruptors. The Union will also set out a comprehensive approach to minimising exposure to hazardous substances, including chemicals in products. The safety and sustainable management of nanomaterials and materials with similar properties will be ensured as part of a comprehensive approach involving risk assessment and management, information and monitoring. There are also concerns about the potential impacts on the environment and human health of materials that contain particles of a size that falls outside the scope of the nanomaterials definition but which may have similar properties to nanomaterials. Such concerns should be examined further in the planned Commission review of the definition of nanomaterials in 2014 in the light of experience and of scientific and technological developments. Together, those approaches will increase the chemical knowledge base and provide a predictable framework driving the development of more sustainable solutions.

| 51. | Meanwhile, the growing market for bio-based products, chemicals and materials may offer advantages such as lower GHG emissions and new market opportunities, but care needs to be taken to ensure that the full life-cycle of such products is sustainable and does not exacerbate competition for land or water, or increase emission levels. |
| --- | --- |

51.

| 52. | Climate change will further aggravate environmental problems by causing prolonged droughts and heat waves, floods, storms, forest fires, soil and coastal erosion, as well as new or more virulent forms of human, animal or plant disease. Dedicated action should be taken to ensure that the Union is adequately prepared to face the pressures and changes resulting from climate change, and to strengthen its environmental, economic and societal resilience. Since many sectors are and will be increasingly subject to the impact of climate change, adaptation and disaster risk management considerations need to be further integrated into Union policies. |
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52.

| 53. | In addition, measures to enhance ecological and climate resilience, such as ecosystem restoration and green infrastructure, can have important socioeconomic benefits, including for public health. The synergies and potential trade-offs between climate-related and other environmental objectives, such as air quality, need to be adequately managed. For example, switching to certain lower carbon emission fuels in response to climate-related or security of supply considerations could lead to substantial increases in particulate matter and dangerous emissions, especially in the absence of appropriate abatement technologies. |
| --- | --- |

53.

| 54. | In order to safeguard the Union’s citizens from environment-related pressures and risks to health and well-being, the 7th EAP shall ensure that by 2020:






  (a) | outdoor air quality in the Union has significantly improved, moving closer to WHO recommended levels, while indoor air quality has improved, informed by the relevant WHO guidelines; |
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54.

(a)

outdoor air quality in the Union has significantly improved, moving closer to WHO recommended levels, while indoor air quality has improved, informed by the relevant WHO guidelines;

| (b) | noise pollution in the Union has significantly decreased, moving closer to WHO recommended levels; |
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(b)

noise pollution in the Union has significantly decreased, moving closer to WHO recommended levels;

| (c) | citizens throughout the Union benefit from high standards for safe drinking and bathing water; |
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(c)

citizens throughout the Union benefit from high standards for safe drinking and bathing water;

| (d) | the combination effects of chemicals and safety concerns related to endocrine disruptors are effectively addressed in all relevant Union legislation, and risks for the environment and health, in particular in relation to children, associated with the use of hazardous substances, including chemicals in products, are assessed and minimised. Long-term actions with a view to reaching the objective of a non-toxic environment will be identified; |
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(d)

the combination effects of chemicals and safety concerns related to endocrine disruptors are effectively addressed in all relevant Union legislation, and risks for the environment and health, in particular in relation to children, associated with the use of hazardous substances, including chemicals in products, are assessed and minimised. Long-term actions with a view to reaching the objective of a non-toxic environment will be identified;

| (e) | the use of plant protection products does not have any harmful effects on human health or unacceptable influence on the environment, and such products are used sustainably; |
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(e)

the use of plant protection products does not have any harmful effects on human health or unacceptable influence on the environment, and such products are used sustainably;

| (f) | safety concerns related to nanomaterials and materials with similar properties are effectively addressed as part of a coherent approach in legislation; |
| --- | --- |

(f)

safety concerns related to nanomaterials and materials with similar properties are effectively addressed as part of a coherent approach in legislation;

| (g) | decisive progress is made in adapting to the impact of climate change. |
| --- | --- |

(g)

decisive progress is made in adapting to the impact of climate change.

This requires, in particular:

| (i) | implementing an updated Union air quality policy, aligned with the latest scientific knowledge, and developing and implementing measures to combat air pollution at source taking into account the differences between the sources of indoor and outdoor air pollution; |
| --- | --- |

(i)

implementing an updated Union air quality policy, aligned with the latest scientific knowledge, and developing and implementing measures to combat air pollution at source taking into account the differences between the sources of indoor and outdoor air pollution;

| (ii) | implementing an updated Union noise policy aligned with the latest scientific knowledge, and measures to reduce noise at source, and including improvements in city design; |
| --- | --- |

(ii)

implementing an updated Union noise policy aligned with the latest scientific knowledge, and measures to reduce noise at source, and including improvements in city design;

| (iii) | increasing efforts to implement the Water Framework Directive, the Bathing Water Directive (65) and the Drinking Water Directive (66), in particular for small drinking water supplies; |
| --- | --- |

(iii)

increasing efforts to implement the Water Framework Directive, the Bathing Water Directive (65) and the Drinking Water Directive (66), in particular for small drinking water supplies;

| (iv) | continuing to implement REACH in order to ensure a high level of protection for human health and the environment as well as the free circulation of chemicals within the internal market while enhancing competitiveness and innovation, while being mindful of the specific needs of SMEs. Developing by 2018 a Union strategy for a non-toxic environment that is conducive to innovation and the development of sustainable substitutes including non-chemical solutions, building on horizontal measures to be undertaken by 2015 to ensure: (1) the safety of manufactured nanomaterials and materials with similar properties; (2) the minimisation of exposure to endocrine disruptors; (3) appropriate regulatory approaches to address combination effects of chemicals and (4) the minimisation of exposure to chemicals in products, including, inter alia, imported products, with a view to promoting non-toxic material cycles and reducing indoor exposure to harmful substances; |
| --- | --- |

(iv)

continuing to implement REACH in order to ensure a high level of protection for human health and the environment as well as the free circulation of chemicals within the internal market while enhancing competitiveness and innovation, while being mindful of the specific needs of SMEs. Developing by 2018 a Union strategy for a non-toxic environment that is conducive to innovation and the development of sustainable substitutes including non-chemical solutions, building on horizontal measures to be undertaken by 2015 to ensure: (1) the safety of manufactured nanomaterials and materials with similar properties; (2) the minimisation of exposure to endocrine disruptors; (3) appropriate regulatory approaches to address combination effects of chemicals and (4) the minimisation of exposure to chemicals in products, including, inter alia, imported products, with a view to promoting non-toxic material cycles and reducing indoor exposure to harmful substances;

| (v) | monitoring the implementation of Union legislation on the sustainable use of biocidal products and plant protection products and reviewing it, as necessary, to keep it up to date with the latest scientific knowledge; |
| --- | --- |

(v)

monitoring the implementation of Union legislation on the sustainable use of biocidal products and plant protection products and reviewing it, as necessary, to keep it up to date with the latest scientific knowledge;

| (vi) | agreeing and implementing an EU Strategy on adaptation to climate change, including the integration of climate change adaptation and disaster risk management considerations into key Union policy initiatives and sectors. |
| --- | --- |

(vi)

agreeing and implementing an EU Strategy on adaptation to climate change, including the integration of climate change adaptation and disaster risk management considerations into key Union policy initiatives and sectors.

THE ENABLING FRAMEWORK

| 55. | Achieving the abovementioned priority thematic objectives requires an enabling framework which supports effective action. Measures will be taken to improve four key pillars of this enabling framework: to improve the way Union environment laws are implemented in all areas; to strengthen the scientific knowledge and evidence base for environment policy; to secure investments and create the right incentives to protect the environment; and finally, to improve environmental integration and policy coherence both within the area of environment policy and between environment policy and other policies. Those horizontal measures will benefit Union environment policy beyond the scope and timeframe of the 7th EAP. |
| --- | --- |

55.

Priority objective 4:   To maximise the benefits of Union environment legislation by improving implementation

| 56. | In addition to the significant advantages for health and the environment, the benefits of ensuring that Union environment legislation is actually implemented are threefold: the creation of a level playing field for economic actors operating in the Internal Market; the stimulation of innovation; and the promotion of first-mover advantages for European companies in many sectors. The costs associated with failure to implement legislation, by contrast, are high, broadly estimated at around EUR 50 billion a year, including costs related to infringement cases (67). In 2009 alone there were 451 infringement cases related to Union environment legislation, with a further 299 reported in 2011 together with an additional 114 new proceedings being initiated (68), making the environment acquis the area of Union law with most infringement proceedings. The Commission also receives numerous complaints directly from Union citizens, many of which could be better addressed at Member State or local level. |
| --- | --- |

56.

| 57. | Improving the implementation of the Union environment acquis at Member State level will therefore be given top priority in the coming years. There are significant differences in implementation between and within Member States. There is a need to equip those involved in implementing environment legislation at Union, national, regional and local levels with the knowledge, tools and capacity to improve the delivery of benefits from that legislation, and to improve the governance of the enforcement process. |
| --- | --- |

57.

| 58. | The high number of infringements, complaints and petitions in the area of the environment shows the need for an effective, workable system of checks and balances at national level to help to identify and resolve implementation problems, along with measures to prevent them from arising in the first place, such as liaison between the relevant administrations responsible for implementation and experts during the policy development phase. In this respect, efforts in the period up to 2020 will focus on delivering improvements in four key areas. |
| --- | --- |

58.

| 59. | First, the way knowledge about implementation is collected and disseminated will be improved to help the general public and environment professionals fully understand the purpose and benefit of Union environment legislation and how national and local administrations give effect to Union commitments (69). The appropriate use of available online tools could contribute to this goal. Implementation challenges specific to an individual Member State will be targeted for assistance, similar to the tailored approach followed in the European Semester process. For instance, partnership implementation agreements involving the Commission and individual Member States will be drawn up, addressing issues such as where to find financial support for implementation and better information systems to track progress. With a view to maximising the effectiveness of this approach, Member States should, as appropriate and in accordance with their administrative arrangements, encourage participation by local and regional authorities. The Technical Platform for Cooperation on the Environment set up by the Committee of the Regions and the Commission will facilitate dialogue and information pooling, with a view to improving the implementation of legislation at local level. |
| --- | --- |

59.

| 60. | Second, the Union will extend requirements relating to inspections and surveillance to the wider body of Union environment law, and further develop inspection support capacity at Union level, drawing on existing structures, inter alia, to respond to requests from Member States for assistance, to address situations where there is due reason for concern and to facilitate cooperation throughout the Union. Reinforced peer review and best practice sharing, as well as agreements for joint inspections within Member States, at their request, are to be encouraged. |
| --- | --- |

60.

| 61. | Third, the way in which complaints about implementation of Union environment law are handled and remedied at national level will be improved where necessary. |
| --- | --- |

61.

| 62. | Fourth, Union citizens will have effective access to justice in environmental matters and effective legal protection, in line with the Aarhus Convention and developments brought about by the entry into force of the Lisbon Treaty and recent case law of the Court of Justice of the European Union. Non-judicial dispute resolution will also be promoted as an alternative to litigation. |
| --- | --- |

62.

| 63. | The general standard of environmental governance throughout the Union will be further improved by enhancing cooperation at Union level, as well as at international level, between professionals working on environmental protection, including government lawyers, prosecutors, ombudsmen, judges and inspectors, such as the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL), and encouraging such professionals to share good practices. |
| --- | --- |

63.

| 64. | In addition to helping Member States to improve compliance (70), the Commission will continue to do its part to ensure that legislation reflects the latest science, takes into account experiences at Member State level with regard to giving effect to Union commitments, and is coherent and fit for purpose. As a general rule, where legal obligations are sufficiently clear and precise and where a harmonised application in all Member States is deemed the most effective way of achieving Union objectives, those legal obligations will be enshrined in regulations, which have direct and measurable effects and lead to fewer inconsistencies in implementation. The Commission will step up its use of scoreboards and other means of publicly tracking Member States’ progress in implementing specific pieces of legislation. |
| --- | --- |

64.

| 65. | In order to maximise the benefits of Union environment legislation by improving implementation, the 7th EAP shall ensure that by 2020:






  (a) | the public has access to clear information showing how Union environment law is being implemented consistent with the Aarhus Convention; |
| --- | --- | --- |

65.

(a)

the public has access to clear information showing how Union environment law is being implemented consistent with the Aarhus Convention;

| (b) | compliance with specific environment legislation has increased; |
| --- | --- |

(b)

compliance with specific environment legislation has increased;

| (c) | Union environment law is enforced at all administrative levels and a level-playing field in the internal market is guaranteed; |
| --- | --- |

(c)

Union environment law is enforced at all administrative levels and a level-playing field in the internal market is guaranteed;

| (d) | citizens’ trust and confidence in Union environment law and its enforcement is enhanced; |
| --- | --- |

(d)

citizens’ trust and confidence in Union environment law and its enforcement is enhanced;

| (e) | the principle of effective legal protection for citizens and their organisations is facilitated. |
| --- | --- |

(e)

the principle of effective legal protection for citizens and their organisations is facilitated.

This requires, in particular:

| (i) | ensuring that systems at national level actively disseminate information about how Union environment legislation is being implemented, and complementing such information with a Union level overview of individual Member States’ performance; |
| --- | --- |

(i)

ensuring that systems at national level actively disseminate information about how Union environment legislation is being implemented, and complementing such information with a Union level overview of individual Member States’ performance;

| (ii) | drawing up partnership implementation agreements on a voluntary basis between Member States and the Commission, involving local and regional participation where appropriate; |
| --- | --- |

(ii)

drawing up partnership implementation agreements on a voluntary basis between Member States and the Commission, involving local and regional participation where appropriate;

| (iii) | extending binding criteria for effective Member State inspections and surveillance to the wider body of Union environment law, and further developing inspection support capacity at Union level, drawing on existing structures, backed up by support for networks of professionals such as IMPEL, and by the reinforcement of peer reviews and best practice sharing, with a view to increasing the efficiency and effectiveness of inspections; |
| --- | --- |

(iii)

extending binding criteria for effective Member State inspections and surveillance to the wider body of Union environment law, and further developing inspection support capacity at Union level, drawing on existing structures, backed up by support for networks of professionals such as IMPEL, and by the reinforcement of peer reviews and best practice sharing, with a view to increasing the efficiency and effectiveness of inspections;

| (iv) | ensuring consistent and effective mechanisms at national level for the handling of complaints about implementation of Union environment law; |
| --- | --- |

(iv)

ensuring consistent and effective mechanisms at national level for the handling of complaints about implementation of Union environment law;

| (v) | ensuring that national provisions on access to justice reflect the case law of the Court of Justice of the European Union. Promoting non-judicial dispute resolution as a means of finding amicable and effective solutions for disputes in the environmental field. |
| --- | --- |

(v)

ensuring that national provisions on access to justice reflect the case law of the Court of Justice of the European Union. Promoting non-judicial dispute resolution as a means of finding amicable and effective solutions for disputes in the environmental field.

Priority objective 5:   To improve the knowledge and evidence base for Union environment policy

| 66. | Union environment policy is based on environmental monitoring, data, indicators and assessments linked to the implementation of Union legislation, as well as formal scientific research and ‘citizen science’ initiatives. There has been considerable progress on strengthening this knowledge base, raising awareness and improving the confidence of policy-makers and the public in the evidence which underpins policy, including policies where the precautionary principle has been applied. This has facilitated better understanding of complex environmental and societal challenges. |
| --- | --- |

66.

| 67. | Steps should be taken at Union and international level to further strengthen and improve the science-policy interface and citizen engagement, such as through the appointment of Chief Scientific Advisors, as already done by the Commission and some Member States, or by making better use of institutions or bodies specialising in adapting scientific knowledge for public policy, such as national environment agencies and the European Environment Agency, as well as the European Environment Information and Observation Network (EIONET). |
| --- | --- |

67.

| 68. | However, the pace of current developments and uncertainties surrounding likely future trends requires further steps to maintain and strengthen this knowledge and evidence base in order to ensure policy in the Union continues to draw on a sound understanding of the state of the environment, possible response options and their consequences. |
| --- | --- |

68.

| 69. | Over the past decades, there have been improvements in the way environmental information and statistics are collected and used at Union and at national, regional and local level, as well as globally. However, data collection and quality remain variable and the multiplicity of sources can make access to data difficult. Continuous investment is therefore needed to ensure that credible, comparable and quality-assured data and indicators are available and accessible to those involved in defining and implementing policy. Environmental information systems need to be designed in order to enable new information on emerging themes to be easily incorporated. Union-wide electronic data-exchange should be further developed, with enough flexibility to encompass new areas. |
| --- | --- |

69.

| 70. | Further implementation of the Shared Environmental Information System (71) principle of ‘produce once, use often’ and the common approaches and standards on acquisition and collation of consistent spatial information under the INSPIRE (72) and Copernicus (73) systems, as well as other environmental information systems for Europe (such as the Biodiversity Information System for Europe (BISE) and the Water Information System for Europe (WISE)), will help avoid duplication of effort and eliminate any unnecessary administrative burden on public authorities, as will efforts to streamline reporting obligations under different relevant pieces of legislation. Progress should also be made to improve the availability and harmonisation of statistical data, including on waste. Member States should make information gathered to assess environmental impacts of plans, programmes and projects (e.g. through Environmental or Strategic Impact Assessments) more accessible to the public. |
| --- | --- |

70.

| 71. | There are still significant gaps in knowledge, some of them relevant to the priority objectives of the 7th EAP. Investing in further data collection and research to fill those gaps is therefore essential to ensure that public authorities and businesses have a sound basis for taking decisions which fully reflect true social, economic and environmental benefits and costs. Five gaps merit particular attention:






  (1) | data and knowledge gaps — advanced research is required to fill such gaps and adequate modelling tools are needed to better understand complex issues related to environmental change, such as the impact of climate change and natural disasters, the implications of species loss for ecosystem services, environmental thresholds and ecological tipping points. While available evidence fully warrants precautionary action in such areas, further research into planetary boundaries, systemic risks and our society’s ability to cope with them will support the development of the most appropriate responses. This should include investment in filling data and knowledge gaps, mapping and assessing ecosystem services, understanding the role of biodiversity in underpinning such services, as well as understanding how biodiversity adapts to climate change and how the loss of biodiversity affects human health; |
| --- | --- | --- |

71.

(1)

data and knowledge gaps — advanced research is required to fill such gaps and adequate modelling tools are needed to better understand complex issues related to environmental change, such as the impact of climate change and natural disasters, the implications of species loss for ecosystem services, environmental thresholds and ecological tipping points. While available evidence fully warrants precautionary action in such areas, further research into planetary boundaries, systemic risks and our society’s ability to cope with them will support the development of the most appropriate responses. This should include investment in filling data and knowledge gaps, mapping and assessing ecosystem services, understanding the role of biodiversity in underpinning such services, as well as understanding how biodiversity adapts to climate change and how the loss of biodiversity affects human health;

| (2) | the transition to an inclusive green economy requires giving proper consideration to the interplay between socioeconomic and environmental factors. Improving our understanding of sustainable consumption and production patterns, how the costs and benefits of action and the costs of inaction can be considered more accurately, how changes in individual and societal behaviour contribute to environmental outcomes and how Europe’s environment is affected by global megatrends can help to better target policy initiatives towards improving resource efficiency and relieving pressure on the environment; |
| --- | --- |

(2)

the transition to an inclusive green economy requires giving proper consideration to the interplay between socioeconomic and environmental factors. Improving our understanding of sustainable consumption and production patterns, how the costs and benefits of action and the costs of inaction can be considered more accurately, how changes in individual and societal behaviour contribute to environmental outcomes and how Europe’s environment is affected by global megatrends can help to better target policy initiatives towards improving resource efficiency and relieving pressure on the environment;

| (3) | there are still uncertainties surrounding the human health and environmental implications of endocrine disruptors, the combined effects of chemicals, certain chemicals in products and certain nanomaterials. Filling the remaining knowledge gaps can accelerate decision-making and enable the further development of the chemicals-related acquis to better target areas of concern, and also help to stimulate a more sustainable approach to the use of chemicals. A Union-wide database should be considered, in order to increase the transparency and regulatory oversight of nanomaterials. An improved understanding of the environmental factors and the levels of exposure affecting human health and the environment would allow preventive policy actions to be taken. Targeted human biomonitoring, when justified by specific concerns, can provide authorities with a more comprehensive view of actual exposure of the population to pollutants, especially sensitive population groups such as children, and can provide better evidence for guiding appropriate responses; |
| --- | --- |

(3)

there are still uncertainties surrounding the human health and environmental implications of endocrine disruptors, the combined effects of chemicals, certain chemicals in products and certain nanomaterials. Filling the remaining knowledge gaps can accelerate decision-making and enable the further development of the chemicals-related acquis to better target areas of concern, and also help to stimulate a more sustainable approach to the use of chemicals. A Union-wide database should be considered, in order to increase the transparency and regulatory oversight of nanomaterials. An improved understanding of the environmental factors and the levels of exposure affecting human health and the environment would allow preventive policy actions to be taken. Targeted human biomonitoring, when justified by specific concerns, can provide authorities with a more comprehensive view of actual exposure of the population to pollutants, especially sensitive population groups such as children, and can provide better evidence for guiding appropriate responses;

| (4) | in order to develop a comprehensive approach to minimising exposure to hazardous substances, in particular for vulnerable groups, including children and pregnant women, a chemical exposure and toxicity knowledge base will be established. This, together with the development of guidance documentation on test methods and risk assessment methodologies will accelerate efficient and appropriate decision-making, which is conducive to innovation and the development of sustainable substitutes including non-chemical solutions; |
| --- | --- |

(4)

in order to develop a comprehensive approach to minimising exposure to hazardous substances, in particular for vulnerable groups, including children and pregnant women, a chemical exposure and toxicity knowledge base will be established. This, together with the development of guidance documentation on test methods and risk assessment methodologies will accelerate efficient and appropriate decision-making, which is conducive to innovation and the development of sustainable substitutes including non-chemical solutions;

| (5) | ensuring all sectors contribute to efforts to combat climate change requires a clear overview of GHG measurement, monitoring and data collection, which is currently incomplete for key sectors. |
| --- | --- |

(5)

ensuring all sectors contribute to efforts to combat climate change requires a clear overview of GHG measurement, monitoring and data collection, which is currently incomplete for key sectors.

Horizon 2020 will provide the opportunity to focus research efforts and to deploy Europe’s innovation potential by bringing together resources and knowledge across different fields and disciplines within the Union and internationally.

| 72. | New and emerging issues arising from rapid technological developments that outpace policy, such as nanomaterials and materials with similar properties, unconventional energy sources, carbon capture and storage and electromagnetic waves, pose risk management challenges and can give rise to conflicting interests, needs and expectations. This in turn can lead to increasing public concern and potential hostility to new technologies. There is therefore a need to ensure a broader, explicit societal debate about the environmental risks and possible trade-offs that we are willing to accept in the light of sometimes incomplete or uncertain information about emerging risks and how they should be handled. A systematic approach to environmental risk management will improve the Union’s capacity to identify and act upon technological developments in a timely manner, while providing reassurance to the public. |
| --- | --- |

72.

| 73. | In order to improve the knowledge and evidence base for Union environment policy, the 7th EAP shall ensure that by 2020:






  (a) | policy-makers and stakeholders have a more informed basis for developing and implementing environment and climate policies, including understanding the environmental impacts of human activities and measuring the costs and benefits of action and the costs of inaction; |
| --- | --- | --- |

73.

(a)

policy-makers and stakeholders have a more informed basis for developing and implementing environment and climate policies, including understanding the environmental impacts of human activities and measuring the costs and benefits of action and the costs of inaction;

| (b) | the understanding of, and the ability to evaluate and manage, emerging environmental and climate risks are greatly improved; |
| --- | --- |

(b)

the understanding of, and the ability to evaluate and manage, emerging environmental and climate risks are greatly improved;

| (c) | the environment science-policy interface is strengthened, including the accessibility of data for citizens and the contribution of citizens’ science; |
| --- | --- |

(c)

the environment science-policy interface is strengthened, including the accessibility of data for citizens and the contribution of citizens’ science;

| (d) | the impact of the Union and its Member States in international science-policy fora is enhanced in order to improve the knowledge base for international environment policy. |
| --- | --- |

(d)

the impact of the Union and its Member States in international science-policy fora is enhanced in order to improve the knowledge base for international environment policy.

This requires, in particular:

| (i) | coordinating, sharing and promoting research efforts at Union and Member State level with regard to addressing key environmental knowledge gaps, including the risks of crossing environmental tipping-points and planetary boundaries; |
| --- | --- |

(i)

coordinating, sharing and promoting research efforts at Union and Member State level with regard to addressing key environmental knowledge gaps, including the risks of crossing environmental tipping-points and planetary boundaries;

| (ii) | adopting a systematic and integrated approach to risk management, particularly in relation to the evaluation and management of new and emerging policy areas and related risks as well as the adequacy and coherence of regulatory responses. This could help to stimulate further research on the hazards of new products, processes and technologies; |
| --- | --- |

(ii)

adopting a systematic and integrated approach to risk management, particularly in relation to the evaluation and management of new and emerging policy areas and related risks as well as the adequacy and coherence of regulatory responses. This could help to stimulate further research on the hazards of new products, processes and technologies;

| (iii) | simplifying, streamlining and modernising environmental and climate change data and information collection, management, sharing and re-use, including the development and implementation of a Shared Environmental Information System; |
| --- | --- |

(iii)

simplifying, streamlining and modernising environmental and climate change data and information collection, management, sharing and re-use, including the development and implementation of a Shared Environmental Information System;

| (iv) | developing a comprehensive chemical exposure and toxicity knowledge base which draws on data generated without animal testing where possible. Continuing the Union’s coordinated approach to human and environmental biomonitoring including, where appropriate, standardisation of research protocols and assessment criteria; |
| --- | --- |

(iv)

developing a comprehensive chemical exposure and toxicity knowledge base which draws on data generated without animal testing where possible. Continuing the Union’s coordinated approach to human and environmental biomonitoring including, where appropriate, standardisation of research protocols and assessment criteria;

| (v) | intensifying cooperation at international, Union and Member State level on the environment science-policy interface. |
| --- | --- |

(v)

intensifying cooperation at international, Union and Member State level on the environment science-policy interface.

Priority objective 6:   To secure investment for environment and climate policy and address environmental externalities

| 74. | The efforts required to achieve the objectives set out in the 7th EAP will need adequate investment from public and private sources. At the same time, while many countries are struggling to cope with the economic and financial crisis, the need for economic reforms and the reduction of public debts offer new opportunities to move rapidly towards a more resource-efficient, safe and sustainable low-carbon economy. |
| --- | --- |

74.

| 75. | Attracting investment in some areas is currently difficult in particular because of the absence of, or distortion to, price signals arising from a failure to account properly for environmental costs or from public subsidies for environmentally harmful activities. |
| --- | --- |

75.

| 76. | The Union and its Member States will need to put in place the right conditions to ensure that environmental externalities are adequately addressed, including by ensuring that the right market signals are sent to the private sector, with due regard to any adverse social impacts. This will involve applying the polluter-pays principle more systematically, in particular through phasing out environmentally harmful subsidies at Union and Member State level, guided by the Commission, using an action-based approach, inter alia, via the European Semester, and considering fiscal measures in support of sustainable resource use such as shifting taxation away from labour towards pollution. As natural resources become increasingly scarce, the economic rent and profits associated with their ownership or exclusive use may increase. Public intervention to ensure that such rents are not excessive and that externalities are taken into account will lead to a more efficient use of those resources and will help to avoid market distortions, as well as generate public revenue. Environment and climate priorities will be pursued in the framework of the European Semester, including via lead indicators where those priorities are relevant to the sustainable growth prospects of individual Member States to which country-specific recommendations are addressed. Other market-based instruments, such as payments for ecosystem services, should be used more extensively at Union and national level to incentivise private sector involvement and the sustainable management of natural capital. |
| --- | --- |

76.

| 77. | The private sector, in particular SMEs, should also be encouraged to take up opportunities offered under the new Union financial framework to step up its involvement in efforts to achieve environment and climate objectives, especially in relation to eco-innovation activities and the uptake of new technologies. Public-private initiatives for eco-innovation should be promoted under European Innovation Partnerships, such as the Innovation Partnership on Water (74). Through the new framework for Innovative Financial Instruments (75), private sector access to finance for investments in environment, in particular biodiversity and climate change, should be facilitated. European enterprises should be further encouraged to disclose environmental information as part of their financial reporting, beyond the extent required under existing Union legislation (76). |
| --- | --- |

77.

| 78. | In its proposals for the 2014–2020 Union Multiannual Financial Framework, the Commission has improved the mainstreaming of environment and climate objectives in all Union funding instruments in order to provide opportunities for Member States to achieve related objectives. It has also proposed raising climate-related expenditure to at least 20 % of the whole budget. In key policy areas such as agriculture, rural development and cohesion policy, incentives for the provision of environmentally-beneficial public goods and services should be enhanced, and funding linked to environment-related ex-ante conditionalities, including supporting (‘flanking’) measures. This should ensure that funds are spent more effectively and in line with environment and climate objectives. Those proposals envisage matching Union policies with coherent financial resources for implementation, and additional funds for the environment and climate change, so as to effectively deliver tangible and coherent benefits on the ground. |
| --- | --- |

78.

| 79. | In addition to such mainstreaming, the LIFE programme (77) will allow funds to be combined and better aligned with policy priorities in a more strategic, cost-effective way, in support of environment and climate-related measures, through the deployment of a range of projects, including ‘integrated projets’. |
| --- | --- |

79.

| 80. | The increased capital provided to the European Investment Bank (EIB) as part of the 2012 Compact for Growth and Jobs provides an additional source of investment (78) which should be spent in line with Union environment and climate objectives. |
| --- | --- |

80.

| 81. | Experience gained in the 2007–2013 programming period shows that although significant funds are available for the environment, the uptake at all levels in the early years has been very uneven, potentially jeopardising the achievement of agreed objectives and targets. To avoid repeating this experience, Member States should integrate environment and climate objectives in their funding strategies and programmes for economic, social and territorial cohesion, rural development and maritime policy, prioritise the early uptake of funding for the environment and climate change and reinforce the capacity of implementing bodies to deliver cost-effective and sustainable investments in order to secure the necessary adequate financial support for investments in these areas. |
| --- | --- |

81.

| 82. | In addition, it has been difficult to trace biodiversity and climate-related expenditure. To assess progress towards attaining those objectives, a tracking and reporting system should be established at Union and Member State level. Establishing such a system is important for the Union’s overall effort relating to multilateral agreements on climate change and biodiversity. In this context, the Union will contribute to the intergovernmental process launched at Rio + 20 to assess financing needs and propose options for an effective sustainable development financing strategy. |
| --- | --- |

82.

| 83. | Work to develop indicators for monitoring economic progress and which complement and go beyond gross domestic product (GDP) should continue. Securing transparent, sustainable investment depends on the proper valuation of environmental goods. Further efforts to measure the value of ecosystems and the cost of their depletion, together with corresponding incentives, will be needed to inform policy and investment decisions. Work to develop a system of environmental accounts, including physical and monetary accounts for natural capital and ecosystem services, will need to be stepped up. This supports the outcome of Rio + 20, which recognises the need for broader measures of progress to measure well-being and sustainability to complement GDP. |
| --- | --- |

83.

| 84. | In order to secure investment for environment and climate policy and address environmental externalities, the 7th EAP shall ensure that by 2020:






  (a) | environment and climate policy objectives are achieved in a cost-effective way and are supported by adequate finance; |
| --- | --- | --- |

84.

(a)

environment and climate policy objectives are achieved in a cost-effective way and are supported by adequate finance;

| (b) | public and private sector funding for environment and climate-related expenditure is increased; |
| --- | --- |

(b)

public and private sector funding for environment and climate-related expenditure is increased;

| (c) | the value of natural capital and ecosystem services, as well as the costs of their degradation are properly assessed and considered in policy-making and investments. |
| --- | --- |

(c)

the value of natural capital and ecosystem services, as well as the costs of their degradation are properly assessed and considered in policy-making and investments.

This requires, in particular:

| (i) | phasing out environmentally harmful subsidies at Union and Member State level without delay, and reporting on progress through the National Reform Programmes; increasing the use of market-based instruments, such as Member States’ taxation policies, pricing and charging, and expanding markets for environmental goods and services, with due regard to any adverse social impacts, using an action-based approach, supported and monitored by the Commission, inter alia, via the European Semester; |
| --- | --- |

(i)

phasing out environmentally harmful subsidies at Union and Member State level without delay, and reporting on progress through the National Reform Programmes; increasing the use of market-based instruments, such as Member States’ taxation policies, pricing and charging, and expanding markets for environmental goods and services, with due regard to any adverse social impacts, using an action-based approach, supported and monitored by the Commission, inter alia, via the European Semester;

| (ii) | facilitating the development of, and access to, innovative financial instruments and funding for eco-innovation; |
| --- | --- |

(ii)

facilitating the development of, and access to, innovative financial instruments and funding for eco-innovation;

| (iii) | adequately reflecting environment and climate priorities in policies and funding strategies to support economic, social and territorial cohesion; |
| --- | --- |

(iii)

adequately reflecting environment and climate priorities in policies and funding strategies to support economic, social and territorial cohesion;

| (iv) | making dedicated efforts to ensure the full and efficient use of available Union funding for environmental action, including by significantly improving its early uptake under the Union’s Multiannual Financial Framework 2014–2020 and devoting 20 % of the budget to climate change mitigation and adaptation through the mainstreaming of climate action and linking that funding to clear benchmarks, target setting, monitoring and reporting; |
| --- | --- |

(iv)

making dedicated efforts to ensure the full and efficient use of available Union funding for environmental action, including by significantly improving its early uptake under the Union’s Multiannual Financial Framework 2014–2020 and devoting 20 % of the budget to climate change mitigation and adaptation through the mainstreaming of climate action and linking that funding to clear benchmarks, target setting, monitoring and reporting;

| (v) | developing and applying a system for reporting and tracking environment-related expenditure in the Union budget, in particular expenditure on climate change and biodiversity, by 2014; |
| --- | --- |

(v)

developing and applying a system for reporting and tracking environment-related expenditure in the Union budget, in particular expenditure on climate change and biodiversity, by 2014;

| (vi) | integrating environmental and climate-related considerations into the European Semester process, where this is relevant for individual Member States’ prospects for sustainable growth and is appropriate for country-specific recommendations; |
| --- | --- |

(vi)

integrating environmental and climate-related considerations into the European Semester process, where this is relevant for individual Member States’ prospects for sustainable growth and is appropriate for country-specific recommendations;

| (vii) | developing and applying alternative indicators that complement and go beyond GDP to monitor the sustainability of progress and continuing work to integrate economic indicators with environmental and social indicators, including by means of natural capital accounting; |
| --- | --- |

(vii)

developing and applying alternative indicators that complement and go beyond GDP to monitor the sustainability of progress and continuing work to integrate economic indicators with environmental and social indicators, including by means of natural capital accounting;

| (viii) | further developing and encouraging ‘payments for ecosystem services’ schemes; |
| --- | --- |

(viii)

further developing and encouraging ‘payments for ecosystem services’ schemes;

| (ix) | putting in place incentives and methodologies that stimulate companies to measure the environmental costs of their business and profits derived from using environmental services and to disclose environmental information as part of their annual reporting. Encouraging companies to exercise due diligence, including throughout their supply chain. |
| --- | --- |

(ix)

putting in place incentives and methodologies that stimulate companies to measure the environmental costs of their business and profits derived from using environmental services and to disclose environmental information as part of their annual reporting. Encouraging companies to exercise due diligence, including throughout their supply chain.

Priority objective 7:   To improve environmental integration and policy coherence

| 85. | Although integrating environmental protection concerns into other Union policies and activities has been a Treaty requirement since 1997, the overall state of Europe’s environment indicates that progress made to date, while commendable in some areas, has not been sufficient to reverse all negative trends. The achievement of many of the priority objectives of the 7th EAP will demand even more effective integration of environmental and climate-related considerations into other policies, as well as more coherent, joined-up policy approaches that deliver multiple benefits. This should help to ensure that difficult trade-offs are managed early on, rather than in the implementation phase, and that unavoidable impacts can be mitigated more effectively. The necessary measures should be developed in a timely manner in order to ensure that relevant targets are met. The Strategic Environmental Assessment Directive (79) and Environmental Impact Assessment Directive (80), when correctly applied, are effective tools for ensuring that environmental protection requirements are integrated in plans and programmes as well as in projects. |
| --- | --- |

85.

| 86. | Local and regional authorities, which are generally responsible for decisions on the use of land and marine areas, have a particularly important role to play in assessing environmental impacts and protecting, conserving and enhancing natural capital, thus also achieving greater resilience to the impact of climate change and to natural disasters. |
| --- | --- |

86.

| 87. | The envisaged expansion of energy and transport networks, including offshore infrastructure, will need to be compatible with protection of nature and climate adaptation needs and obligations. Incorporating green infrastructure into related plans and programmes can help overcome fragmentation of habitats and preserve or restore ecological connectivity, enhance ecosystem resilience and thereby ensure the continued provision of ecosystem services, including carbon sequestration, and climate adaptation, while providing healthier environments and recreational spaces for people to enjoy. |
| --- | --- |

87.

| 88. | The 7th EAP includes a number of priority objectives designed to enhance integration. In its proposals for the Common Agricultural Policy, the Common Fisheries Policy, the Trans-European Networks and the Cohesion policy reforms, the Commission has included measures to further support environmental integration and sustainability. For the 7th EAP to succeed, those policies should further contribute to meeting environment-related targets and objectives. Similarly, efforts primarily intended to achieve environmental improvements should be designed to deliver benefits also for other policies wherever possible. For instance, efforts to restore ecosystems can be targeted to benefit habitats and species and to sequester carbon dioxide, while improving the delivery of ecosystem services vital for many economic sectors, such as pollination or water purification for agriculture, and creating green jobs. |
| --- | --- |

88.

| 89. | In order to improve environmental integration and policy coherence, the 7th EAP shall ensure that by 2020:






  (a) | sectoral policies at Union and Member State level are developed and implemented in a way that supports relevant environment and climate-related targets and objectives. |
| --- | --- | --- |

89.

(a)

sectoral policies at Union and Member State level are developed and implemented in a way that supports relevant environment and climate-related targets and objectives.

This requires, in particular:

| (i) | integrating environmental and climate-related conditionalities and incentives in policy initiatives, including reviews and reforms of existing policy, as well as new initiatives, at Union and Member State level; |
| --- | --- |

(i)

integrating environmental and climate-related conditionalities and incentives in policy initiatives, including reviews and reforms of existing policy, as well as new initiatives, at Union and Member State level;

| (ii) | carrying out ex-ante assessments of the environmental, social and economic impacts of policy initiatives at appropriate Union and Member State level to ensure their coherence and effectiveness; |
| --- | --- |

(ii)

carrying out ex-ante assessments of the environmental, social and economic impacts of policy initiatives at appropriate Union and Member State level to ensure their coherence and effectiveness;

| (iii) | fully implementing the Strategic Environmental Assessment Directive and the Environmental Impact Assessment Directive; |
| --- | --- |

(iii)

fully implementing the Strategic Environmental Assessment Directive and the Environmental Impact Assessment Directive;

| (iv) | using ex-post evaluation information relating to experience with implementation of the environment acquis in order to improve its consistency and coherence; |
| --- | --- |

(iv)

using ex-post evaluation information relating to experience with implementation of the environment acquis in order to improve its consistency and coherence;

| (v) | addressing potential trade-offs in all policies in order to maximise synergies and avoid, reduce and, if possible, remedy unintended negative effects on the environment. |
| --- | --- |

(v)

addressing potential trade-offs in all policies in order to maximise synergies and avoid, reduce and, if possible, remedy unintended negative effects on the environment.

MEETING LOCAL, REGIONAL AND GLOBAL CHALLENGES

Priority objective 8:   To enhance the sustainability of the Union’s cities

| 90. | The Union is densely populated and by 2020, 80 % of its population is likely to live in urban and peri-urban areas. Quality of life will be directly influenced by the state of the urban environment. The environmental impacts of cities also spread well beyond their physical limits, as they rely heavily on peri-urban and rural regions to meet demand for food, energy, space and resources, and to manage waste. |
| --- | --- |

90.

| 91. | Most cities face a common set of core environmental problems, including air quality concerns, high levels of noise, traffic congestion, GHG emissions, biodiversity loss and degradation, water scarcity, floods and storms, diminishing green areas, contaminated sites, brownfields and inappropriate waste and energy management. At the same time, Union cities are standard-setters in urban sustainability and often pioneer innovative solutions to environmental challenges (81) including in relation to resource efficiency and green economy initiatives relevant to Europe 2020. An ever-growing number of European cities are putting environmental sustainability at the core of their urban development strategies. |
| --- | --- |

91.

| 92. | Growing urbanisation of the Union has raised awareness of the importance of the natural environment in urban areas. Biodiversity conservation through actions such as the reintroduction of nature into the urban environment and urban landscaping is increasingly evident. European cities’ biodiversity performance needs to be assessed and improved. That assessment could be informed by a specific urban biodiversity index, such as the Singapore index presented at the UN Conference on Biodiversity held in Nagoya in 2010. |
| --- | --- |

92.

| 93. | Union citizens, whether urban or rural dwellers, benefit from a range of Union policies and initiatives that support sustainable development of urban areas. However, such sustainable development requires effective and efficient coordination between different levels of administration and across administrative boundaries and the systematic involvement of regional and local authorities in the planning, formulation and development of policies which have an impact on the quality of the urban environment. The enhanced coordination mechanisms at national and regional level proposed under the Common Strategic Framework for the next funding period and the creation of an ‘Urban Development Network’ (82) would help to ensure this, as well as involve more stakeholder groups and the general public in decisions that affect them. Local and regional authorities would also benefit from the further development of tools to streamline environmental data collection and management, and to facilitate the exchange of information and best practice, as well as efforts to improve implementation of environment law at Union, national, regional and local level (83). This is in line with the commitment made at Rio + 20 to promote an integrated approach to planning, building and managing sustainable cities and urban settlements. Integrated approaches to urban and spatial planning, in which long-term environmental considerations are fully taken into account alongside economic, social and territorial challenges, are essential to ensuring that urban communities are sustainable, efficient and healthy places to live and work. |
| --- | --- |

93.

| 94. | The Union should further promote and, where appropriate, expand existing initiatives that support innovation and best practice in cities, networking and exchanges and encourage cities to showcase their leadership with regard to sustainable urban development (84). The Union’s institutions and the Member States should facilitate and encourage the uptake of Cohesion policy funding and of other funds to support cities in their efforts to enhance sustainable urban development, raise awareness and encourage the involvement of local actors (85). The development of, and agreement on, a set of sustainability criteria for cities, informed by consultation with Member States and other relevant stakeholders, would provide a reference base for such initiatives and promote a coherent, integrated approach to sustainable urban development (86). |
| --- | --- |

94.

| 95. | In order to enhance the sustainability of Union cities, the 7th EAP shall ensure that by 2020:






  (a) | a majority of cities in the Union are implementing policies for sustainable urban planning and design, including innovative approaches for urban public transport and mobility, sustainable buildings, energy efficiency and urban biodiversity conservation. |
| --- | --- | --- |

95.

(a)

a majority of cities in the Union are implementing policies for sustainable urban planning and design, including innovative approaches for urban public transport and mobility, sustainable buildings, energy efficiency and urban biodiversity conservation.

This requires, in particular:

| (i) | agreeing on a set of criteria to assess the environmental performance of cities, taking into account economic, social and territorial impacts; |
| --- | --- |

(i)

agreeing on a set of criteria to assess the environmental performance of cities, taking into account economic, social and territorial impacts;

| (ii) | ensuring that cities have information about, and better access to, financing for measures to improve urban sustainability; |
| --- | --- |

(ii)

ensuring that cities have information about, and better access to, financing for measures to improve urban sustainability;

| (iii) | sharing best practice between cities at Union and international level in relation to innovative and sustainable urban development; |
| --- | --- |

(iii)

sharing best practice between cities at Union and international level in relation to innovative and sustainable urban development;

| (iv) | in the context of ongoing Union initiatives and networks, developing and promoting a common understanding of how to contribute to improved urban environments by focusing on the integration of urban planning with objectives related to resource efficiency, an innovative safe and sustainable low-carbon economy, sustainable urban land-use, sustainable urban mobility, urban biodiversity management and conservation, ecosystem resilience, water management, human health, public participation in decision-making and environmental education and awareness. |
| --- | --- |

(iv)

in the context of ongoing Union initiatives and networks, developing and promoting a common understanding of how to contribute to improved urban environments by focusing on the integration of urban planning with objectives related to resource efficiency, an innovative safe and sustainable low-carbon economy, sustainable urban land-use, sustainable urban mobility, urban biodiversity management and conservation, ecosystem resilience, water management, human health, public participation in decision-making and environmental education and awareness.

Priority objective 9:   To increase the Union’s effectiveness in addressing international environmental and climate-related challenges

| 96. | Ensuring the sustainable use of resources is one of the most pressing challenges facing the world today and is central to ending poverty and securing a sustainable future for the world (87). At Rio + 20, world leaders renewed their commitment to sustainable development and to ensuring the promotion of an economically, socially and environmentally sustainable future for the planet, for present and future generations. They also recognised that the inclusive and green economy is an important tool for achieving sustainable development. Rio + 20 outlined that in the light of a growing population and in an increasingly urbanised world, such challenges require that international action be taken in a number of areas, such as water, oceans, sustainable land and ecosystems, resource efficiency (in particular waste), sound management of chemicals, sustainable energy and climate change. The phasing-out of environmentally harmful subsidies, including fossil fuel subsidies also requires additional action. In addition to translating these commitments into action at local, national and Union level, the Union will engage proactively in international efforts to develop the solutions needed to ensure sustainable development globally. |
| --- | --- |

96.

| 97. | Rio + 20 decided to replace the UN Commission on Sustainable Development with a High-Level Political Forum, which will enhance the integration of the three dimensions of sustainable development and follow up and review progress on the implementation of the outcomes of Rio + 20 and relevant outcomes of other UN summits and conferences, thereby contributing to the implementation of sustainable development goals as part of the overarching post-2015 framework. |
| --- | --- |

97.

| 98. | Many of the priority objectives set out in the 7th EAP can only be fully achieved as part of a global approach and in cooperation with partner countries, and overseas countries and territories. That is why the Union and its Member States should engage in relevant international, regional and bilateral processes in a strong, focused, united and coherent manner. Particular emphasis should be given to the Black Sea and the Arctic regions, where there is a need for intensified cooperation and increased Union involvement, including through membership of the Convention on the Protection of the Black Sea against Pollution and by gaining permanent observer status in the Arctic Council, in order to address new and shared environmental challenges. The Union and its Member States should continue to promote an effective, rules-based framework for global environment policy, complemented by a more effective, strategic approach in which bilateral and regional political dialogues and cooperation are tailored towards the Union’s strategic partners, candidate and neighbourhood countries, and developing countries, respectively, supported by adequate finance. |
| --- | --- |

98.

| 99. | The time span covered by the 7th EAP corresponds to key phases in international climate, biodiversity and chemical policy. To remain within the 2 °C ceiling, global GHG emissions need to be cut by at least 50 % of their 1990 levels by 2050. However, the pledges countries have made so far to reduce GHG emissions will deliver no more than one third of the reductions required by 2020 (88). Without more resolute global action, climate change is unlikely to be curtailed. Even in a best-case scenario, countries will increasingly face inevitable impacts from climate change because of historical GHG emissions and will need to develop climate adaptation strategies. Under the Durban Platform for Enhanced Action, a comprehensive and robust agreement applicable to all is to be agreed by 2015 and implemented as of 2020. The Union will remain engaged proactively in this process, including in discussions on how to close the gap between current emission reduction pledges by developed and developing countries, and on action needed to stay on an emission pathway compatible with the 2 °C objective, informed by the latest findings from the IPCC. The implementation of the Rio + 20 outcome must also ensure coherence and complementarity with this process so that they are mutually reinforcing. The follow-up to Rio + 20 should also help to reduce GHG emissions, thus supporting the fight against climate change. In parallel, the Union should pursue and further intensify climate change partnerships with strategic partners and should take further action to mainstream environmental and climate-related considerations in its trade and development policies, bearing in mind mutual commitments and benefits. |
| --- | --- |

99.

| 100. | The global biodiversity targets (89) laid down under the Convention on Biological Diversity (CBD) need to be met by 2020 as the basis for halting and ultimately reversing the loss of biodiversity worldwide. The Union will contribute its fair share to those efforts, including with regard to the doubling of total biodiversity-related international resource flows to developing countries by 2015 and will at least maintain this level until 2020, as set out among the preliminary targets agreed in the context of the CBD’s resources mobilisation strategy (90). It is also important for the Union to play an active role in the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) once it becomes a full member, in order to link up the local, regional and international levels of biodiversity governance. The Union will continue to support the implementation of the United Nations Convention to Combat Desertification (UNCCD), in particular by taking action in striving to achieve a land degradation neutral world as agreed at Rio + 20. It will also step up efforts to reach the target for the sound management of chemicals throughout their life-cycle and of hazardous waste, as reinforced at Rio + 20, and to support related conventions. The Union will continue to play an active and constructive role in helping to achieve the objectives of such processes. |
| --- | --- |

100.

| 101. | The Union has a good track-record when it comes to membership of multilateral environmental agreements (MEAs), although a number of Member States have still not ratified key agreements. This compromises the Union’s credibility in related negotiations. Member States and the Union should ensure the ratification and approval, respectively, in a timely manner, of all MEAs to which they are signatories. |
| --- | --- |

101.

| 102. | The Union and its Member States should proactively engage in international negotiations on new and emerging issues, in particular on new Conventions, agreements and assessments, and, accordingly, reaffirm their strong determination to continue efforts to launch, as soon as possible, negotiations in the framework of a UN General Assembly for an UNCLOS (United Nations Convention on the Law of the Sea) implementing agreement on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction and supporting the completion of the first ‘World Ocean Assessment’. |
| --- | --- |

102.

| 103. | The Union should also leverage its position as one of the largest markets in the world to promote policies and approaches that decrease pressure on the global natural resource base. This can be done by changing patterns of consumption and production, including by taking the steps necessary to promote sustainable resource management at international level and to implement the 10-year Framework of Programmes on Sustainable Consumption and Production, as well as ensuring that trade and internal market policies support the achievement of environment and climate goals and provide incentives to other countries to upgrade and enforce their environmental regulatory frameworks and standards, with a view to preventing environmental dumping. The Union will continue to promote sustainable development through the negotiation and implementation of dedicated provisions in its international trade agreements and the bilateral Forest Law Enforcement, Governance and Trade voluntary partnership agreements, which ensure that only legally-harvested timber enters the Union market from partner countries. In this context, the European Union Timber Regulation (91) serves as a legal basis for the Union to address the global problem of illegal logging through its demand for timber and timber products. Other policy options to reduce the impacts of Union consumption on the global environment, including deforestation and forest degradation, will also be explored. |
| --- | --- |

103.

| 104. | The Union should also further intensify its contribution to initiatives that facilitate the transition towards an inclusive and green economy at international level, such as the promotion of appropriate enabling conditions, the development of market-based instruments and indicators beyond GDP, consistent with its internal policies. |
| --- | --- |

104.

| 105. | The Union should continue to promote environmentally responsible business practices. New obligations under the Union’s Responsible Business Initiative (92) for listed and large, unlisted, extractive and primary forest logging companies to report payments they make to governments will result in greater transparency and accountability in the way natural resources are exploited. As a leading provider of environmental goods and services, the Union should promote global green standards, free trade in environmental goods and services, the further deployment of environment and climate-friendly technologies, protection of investment and intellectual property rights and the international exchange of best practice. |
| --- | --- |

105.

| 106. | In order to increase the Union’s effectiveness in addressing international environmental and climate-related challenges, the 7th EAP shall ensure that by 2020:






  (a) | the outcomes of Rio + 20 are fully integrated into the Union’s internal and external policies and the Union is contributing effectively to global efforts to implement agreed commitments, including those under the Rio conventions and to initiatives aimed at promoting the global transition towards an inclusive and green economy in the context of sustainable development and poverty eradication; |
| --- | --- | --- |

106.

(a)

the outcomes of Rio + 20 are fully integrated into the Union’s internal and external policies and the Union is contributing effectively to global efforts to implement agreed commitments, including those under the Rio conventions and to initiatives aimed at promoting the global transition towards an inclusive and green economy in the context of sustainable development and poverty eradication;

| (b) | the Union is providing effective support to national, regional and international efforts to address environmental and climate-related challenges and to ensure sustainable development; |
| --- | --- |

(b)

the Union is providing effective support to national, regional and international efforts to address environmental and climate-related challenges and to ensure sustainable development;

| (c) | the impact of consumption in the Union on the environment beyond the Union’s borders is reduced. |
| --- | --- |

(c)

the impact of consumption in the Union on the environment beyond the Union’s borders is reduced.

This requires, in particular:

| (i) | working as part of a coherent and comprehensive post-2015 approach to the universal challenges of poverty eradication and sustainable development, and through an inclusive, collaborative process, towards the adoption of sustainable development goals that:






  — | are coherent with existing internationally agreed goals and targets on, inter alia, biodiversity, climate change, social inclusion and social protection floors; |
| --- | --- | --- |

(i)

working as part of a coherent and comprehensive post-2015 approach to the universal challenges of poverty eradication and sustainable development, and through an inclusive, collaborative process, towards the adoption of sustainable development goals that:

—

are coherent with existing internationally agreed goals and targets on, inter alia, biodiversity, climate change, social inclusion and social protection floors;

| — | address, at national and international level, priority areas such as energy, water, food security, oceans and sustainable consumption and production, decent work, good governance and the rule of law; |
| --- | --- |

—

address, at national and international level, priority areas such as energy, water, food security, oceans and sustainable consumption and production, decent work, good governance and the rule of law;

| — | are universally applicable, covering all three dimensions of sustainable development; |
| --- | --- |

—

are universally applicable, covering all three dimensions of sustainable development;

| — | are assessed and accompanied by targets and indicators, while taking into account different national circumstances, capacities and levels of development, and |
| --- | --- |

—

are assessed and accompanied by targets and indicators, while taking into account different national circumstances, capacities and levels of development, and

| — | are consistent with, and supportive of, other international commitments, such as those concerning climate change and biodiversity; |
| --- | --- |

—

are consistent with, and supportive of, other international commitments, such as those concerning climate change and biodiversity;

| (ii) | working towards a more effective UN structure for sustainable development, in particular its environmental dimension by:






  — | further strengthening the United Nations Environment Programme (UNEP) in line with the outcome of Rio + 20, building on the decision by the UN General Assembly to change the designation of the Governing Council of the UNEP to the UN Environment Assembly of the UNEP (93), while continuing to strive for an upgrade of the UNEP’s status to that of a specialised Agency; |
| --- | --- | --- |

(ii)

working towards a more effective UN structure for sustainable development, in particular its environmental dimension by:

—

further strengthening the United Nations Environment Programme (UNEP) in line with the outcome of Rio + 20, building on the decision by the UN General Assembly to change the designation of the Governing Council of the UNEP to the UN Environment Assembly of the UNEP (93), while continuing to strive for an upgrade of the UNEP’s status to that of a specialised Agency;

| — | supporting efforts to enhance synergies between multilateral environmental agreements, in particular in the chemicals and waste cluster and the biodiversity cluster; and |
| --- | --- |

—

supporting efforts to enhance synergies between multilateral environmental agreements, in particular in the chemicals and waste cluster and the biodiversity cluster; and

| — | contributing to ensuring a strong and authoritative voice for the environment in the work of the High-Level Political Forum; |
| --- | --- |

—

contributing to ensuring a strong and authoritative voice for the environment in the work of the High-Level Political Forum;

| (iii) | strengthening the impact of various sources of funding, including taxation and domestic resource mobilisation, private investment, new partnerships and innovative financing sources, and creating options for using development aid to leverage those other sources of financing as part of a sustainable development financing strategy, as well as in the Union’s own policies, including international commitments on climate and biodiversity finance; |
| --- | --- |

(iii)

strengthening the impact of various sources of funding, including taxation and domestic resource mobilisation, private investment, new partnerships and innovative financing sources, and creating options for using development aid to leverage those other sources of financing as part of a sustainable development financing strategy, as well as in the Union’s own policies, including international commitments on climate and biodiversity finance;

| (iv) | engaging with partner countries in a more strategic way, for example by focusing cooperation with:






  — | strategic partners on the promotion of best practice in domestic environment policy and legislation and convergence in multilateral environmental negotiations; |
| --- | --- | --- |

(iv)

engaging with partner countries in a more strategic way, for example by focusing cooperation with:

—

strategic partners on the promotion of best practice in domestic environment policy and legislation and convergence in multilateral environmental negotiations;

| — | countries covered by the European Neighbourhood Policy on gradual approximation with key Union environment and climate policy and legislation and on strengthening cooperation to address regional environmental and climate-related challenges; |
| --- | --- |

—

countries covered by the European Neighbourhood Policy on gradual approximation with key Union environment and climate policy and legislation and on strengthening cooperation to address regional environmental and climate-related challenges;

| — | developing countries to support their efforts to protect the environment, fight climate change and reduce natural disasters, and implement international environmental commitments as a contribution to poverty reduction and sustainable development; |
| --- | --- |

—

developing countries to support their efforts to protect the environment, fight climate change and reduce natural disasters, and implement international environmental commitments as a contribution to poverty reduction and sustainable development;

| (v) | engaging in existing and new multilateral environmental and other relevant processes, in a more consistent, proactive and effective way, including through the timely outreach to third countries and other stakeholders, with a view to ensuring that commitments for 2020 are met at Union level and promoted globally, and to agree on international action to be taken beyond 2020, and ratifying and boosting efforts to implement all key multilateral environmental agreements well before 2020. Implementing the 10-year Framework of Programmes on Sustainable Consumption and Production; |
| --- | --- |

(v)

engaging in existing and new multilateral environmental and other relevant processes, in a more consistent, proactive and effective way, including through the timely outreach to third countries and other stakeholders, with a view to ensuring that commitments for 2020 are met at Union level and promoted globally, and to agree on international action to be taken beyond 2020, and ratifying and boosting efforts to implement all key multilateral environmental agreements well before 2020. Implementing the 10-year Framework of Programmes on Sustainable Consumption and Production;

| (vi) | assessing the environmental impact, in a global context, of Union consumption of food and non-food commodities and, if appropriate, developing policy proposals to address the findings of such assessments, and considering the development of a Union action plan on deforestation and forest degradation; |
| --- | --- |

(vi)

assessing the environmental impact, in a global context, of Union consumption of food and non-food commodities and, if appropriate, developing policy proposals to address the findings of such assessments, and considering the development of a Union action plan on deforestation and forest degradation;

| (vii) | promoting the further development and implementation of emissions trading schemes around the world and facilitating the linking of such systems; |
| --- | --- |

(vii)

promoting the further development and implementation of emissions trading schemes around the world and facilitating the linking of such systems;

| (viii) | ensuring that economic and social progress is achieved within the carrying capacity of the Earth, by increasing understanding of planetary boundaries, inter alia, in the development of the post-2015 framework in order to secure human well-being and prosperity in the long-term. |
| --- | --- |

(viii)

ensuring that economic and social progress is achieved within the carrying capacity of the Earth, by increasing understanding of planetary boundaries, inter alia, in the development of the post-2015 framework in order to secure human well-being and prosperity in the long-term.

---

(1)  The economic benefits of environmental policy (IES, Vrije Universiteit Amsterdam, 2009); COM(2012) 173; Implementing EU legislation for Green Growth (BIO Intelligence Service 2011).

(2)  Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

(3)  SEC(2011)1067; The European Environment — state and outlook 2010: Assessment of Global Megatrends (‘SOER 2010’).

(4)  UN Secretary-General’s High-Level Panel on Global Sustainability report ‘Resilient People, Resilient Planet: A future worth choosing’, 2012.

(5)  Thresholds associated with nine ‘planetary boundaries’ have been identified which, once crossed, could lead to irreversible changes with potentially disastrous consequences for humans, including: climate change, biodiversity loss, global freshwater use, ocean acidification, the nitrogen and phosphorus cycles and land-use change (Ecology and Society, Vol. 14, No 2, 2009).

(6)  According to the Stern Review on the Economics of Climate Change, without action, the overall costs of climate change will be equivalent to losing at least 5 % of global gross domestic product (GDP) each year. Including a wider range of risks and impacts, this figure could increase this to 20 % of GDP.

(7)  OECD Environmental Outlook to 2050: The Consequences of Inaction (report, 2012).

(8)  COM(2011) 244.

(9)  COM(2011) 571.

(10)  COM(2011) 112.

(11)  COM(2011) 885.

(12)  COM(2011) 144.

(13)  United Nations General Assembly Resolution A/Res/66/288.

(14)  Directive 2000/60/EC.

(15)  Directive 2008/56/EC.

(16)  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ L 135, 30.5.1991, p. 40).

(17)  Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).

(18)  Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (OJ L 288, 6.11.2007, p. 27).

(19)  Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).

(20)  Directive 2008/50/EC and Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air (OJ L 23, 26.1.2005, p. 3).

(21)  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7) and Directive 92/43/EEC.

(22)  European Environment Agency Technical Report 12/2010.

(23)  Paragraph 14 of the European Council conclusions of 26 March 2010 (EUCO 7/10) states: ‘There is an urgent need to reverse continuing trends of biodiversity loss and ecosystem degradation. The European Council is committed to the long term biodiversity 2050 vision and the 2020 target set out in the Council’s conclusions of 15 March 2010.’.

(24)  COM(2012) 673.

(25)  COM(2011) 144.

(26)  SWD(2012) 101.

(27)  COM(2006) 232.

(28)  COM(2012) 673.

(29)  COM(2013) 216.

(30)  COM(2011) 112.

(31)  COM(2012) 582, entitled ‘A stronger European industry for growth and economic recovery’.

(32)  Principle IX of the Small Business Act for Europe, proposes actions to enable SMEs to turn environmental challenges into opportunities (COM(2008) 394).

(33)  Fostering Innovation for Green Growth (OECD 2011) and The Eco-Innovation Gap: An economic opportunity for business (EIO 2012).

(34)  COM(2012) 173.

(35)  The EU eco-industry sector employed around 2,7 million people in 2008 and for 2012 this figure could be around 3,4 million (Ecorys, 2012).

(36)  
  ‘The number of Jobs dependent on the Environment and Resource Efficiency improvements’ (ECORYS 2012).

(37)  COM(2011) 899.

(38)  The impact of renewable energy policy on economic growth and employment in the EU (Employ-RES 2009).

(39)  Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1).

(40)  COM(2013) 169.

(41)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

(42)  Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 342, 22.12.2009, p. 1).

(43)  Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10) and Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (OJ L 153, 18.6.2010, p. 1).

(44)  Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).

(45)  Ecodesign, Energy Label, Ecolabel, EMAS and Unfair Commercial Practice legislation is due for revision before 2015.

(46)  COM(2011) 899.

(47)  Annual food waste generation in the Union is approximately 89 million tonnes, representing 179 kg per capita (BIO Intelligence Service 2010). The aggregated impacts of housing and infrastructure account for around 15-30 % of all consumption-related environmental pressures in Europe and contribute approximately 2,5 tonnes of CO2 equivalent per capita annually (SEC(2011)1067).

(48)  Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment (OJ L 39, 13.2.2008, p. 1); Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (OJ L 120, 15.5.2009, p. 5) and the Energy Efficiency Directive.

(49)  For example, the full implementation of Union waste legislation would save EUR 72 billion a year, increase the annual turnover of the Union waste management and recycling sector by EUR 42 billion and create over 400 000 jobs by 2020.

(50)  Eurostat Stat 13/33 Municipal Waste 2011.

(51)  Directive 2008/98/EC.

(52)  
  ‘Recycling’ is defined in point (17) of Article 3 of Directive 2008/98/EC as ‘any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;’.

(53)  
  ‘Recovery’ is defined in point (15) of Article 3 of Directive 2008/98/EC as ‘any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. [...];’.

(54)  COM(2012) 673.

(55)  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

(56)  Directive 2008/98/EC.

(57)  Special Eurobarometer survey 365 (2011).

(58)  
  ‘SOER 2010’.

(59)  SOER 2010.

(60)  
  ‘High noise levels’ are defined as noise levels above 55dB Lden and 50dB Lnight.

(61)  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

(62)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).

(63)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).

(64)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(65)  Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).

(66)  Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).

(67)  The costs of not implementing the environment acquis (COWI 2011).

(68)  29th annual report on monitoring the application of EU law (2011) (COM(2012) 714).

(69)  COM(2012) 095.

(70)  COM(2008) 773.

(71)  COM(2008) 046.

(72)  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(73)  Regulation (EU) No 911/2010 of the European Parliament and of the Council of 22 September 2010 on the European Earth monitoring programme (GMES) and its initial operations (2011 to 2013)(OJ L 276, 20.10.2010, p. 1) and COM(2013) 312 on a proposal for a Regulation of the European Parliament and of the Council establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010.

(74)  COM(2012) 216.

(75)  COM(2011) 662.

(76)  COM(2011) 681.

(77)  Proposal for a Regulation of the European Parliament and of the Council on the establishment of a Programme for the Environment and Climate Action (COM(2011) 874, 2011/0428(COD)).

(78)  European Council conclusions of 29 June 2012 (EUCO 76/12).

(79)  Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).

(80)  Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

(81)  See, for example, the ‘Cities of tomorrow’ report (European Commission, 2011) and SWD(2012)0101.

(82)  COM(2011) 615.

(83)  For example the Water Information System for Europe (WISE), the Biodiversity Information System for Europe (BISE) and the European Climate Adaptation Platform (CLIMATE-ADAPT).

(84)  Examples include the European Innovation Partnership on Smart Cities and Communities COM(2012)4701, the European Green Capital Award and the research Joint Programming Initiative Urban Europe.

(85)  The Commission has proposed to ring-fence a minimum 5 % of the European Regional Development Fund (ERDF) in each Member State to fund integrated sustainable urban development.

(86)  This approach should draw from existing initiatives such as Local Agenda 21 as well as other best practices.

(87)  Human Development Report (UNDP, 2011).

(88)  The Emissions Gap Report 2012, United Nations Environment Programme (UNEP), outlines that unconditional pledges amount to reductions of approximately 4 GtCO2e, compared with a median estimate of 14 GtCO2e of reductions necessary to remain below the 2 °C ceiling.

(89)  CBD Strategic Plan for Biodiversity 2011–2020.

(90)  CBD Decision XI/4.

(91)  Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23).

(92)  Proposals for the revision of the Transparency Directive (COM(2011) 683, 2011/0307(COD)) and the Accounting Directives (COM(2011) 684, 2011/0308(COD).

(93)  Decision taken by the UN General Assembly, A/67/784 of 7 March 2013, on the recommendation of the UNEP Governing Council.

---

II Non-legislative acts

REGULATIONS

| 28.12.2013 | EN | Official Journal of the European Union | L 354/201 |
| --- | --- | --- | --- |

28.12.2013

EN

Official Journal of the European Union

L 354/201

---

COUNCIL REGULATION (EU) No 1387/2013

of 17 December 2013

suspending the autonomous Common Customs Tariff duties on certain agricultural and industrial products and repealing Regulation (EU) No 1344/2011

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Union production of the agricultural and industrial products set out in Annex I is currently inadequate or non-existent, and thus the needs of user industries in the Union cannot be met. |
| --- | --- |

(1)

The Union production of the agricultural and industrial products set out in Annex I is currently inadequate or non-existent, and thus the needs of user industries in the Union cannot be met.

| (2) | It is therefore in the interests of the Union to suspend partially or totally the autonomous Common Customs Tariff duties for those products. |
| --- | --- |

(2)

It is therefore in the interests of the Union to suspend partially or totally the autonomous Common Customs Tariff duties for those products.

| (3) | Council Regulation (EU) No 1344/2011 (1) has been amended many times. In addition, following its amendment by Council Regulation (EU) No 1220/2012 (2), fishery products were removed from the scope of Regulation (EU) No 1344/2011. In the interest of transparency, Regulation (EU) No 1344/2011 should therefore be replaced in its entirety. |
| --- | --- |

(3)

Council Regulation (EU) No 1344/2011 (1) has been amended many times. In addition, following its amendment by Council Regulation (EU) No 1220/2012 (2), fishery products were removed from the scope of Regulation (EU) No 1344/2011. In the interest of transparency, Regulation (EU) No 1344/2011 should therefore be replaced in its entirety.

| (4) | Regulations suspending the autonomous Common Customs Tariff duties on certain industrial and agricultural products have renewed previous measures to a great extent. Therefore, in the interests of rationalising the implementation of the measures concerned, it is appropriate not to limit the period of validity of this Regulation, as its scope can be adapted and products can be added to or removed from Annex I to this Regulation by means of a Council Regulation. |
| --- | --- |

(4)

Regulations suspending the autonomous Common Customs Tariff duties on certain industrial and agricultural products have renewed previous measures to a great extent. Therefore, in the interests of rationalising the implementation of the measures concerned, it is appropriate not to limit the period of validity of this Regulation, as its scope can be adapted and products can be added to or removed from Annex I to this Regulation by means of a Council Regulation.

| (5) | In view of their temporary nature, the suspensions listed in Annex I to this Regulation should be reviewed systematically, and at the latest five years after their date of application or renewal. Moreover, it might be necessary at any time to close certain suspensions, following a proposal of the Commission on the basis of a review carried out on its own initiative or at the request of one or more Member States if it is no longer in the Union's interest to maintain the suspensions or due to technical product developments, changed circumstances or economic trends on the market. |
| --- | --- |

(5)

In view of their temporary nature, the suspensions listed in Annex I to this Regulation should be reviewed systematically, and at the latest five years after their date of application or renewal. Moreover, it might be necessary at any time to close certain suspensions, following a proposal of the Commission on the basis of a review carried out on its own initiative or at the request of one or more Member States if it is no longer in the Union's interest to maintain the suspensions or due to technical product developments, changed circumstances or economic trends on the market.

| (6) | Statistics for certain products listed in Annex I to this Regulation are frequently expressed in pieces, square meters or measurement units other than weight. However, there are no such supplementary units in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87 (3). It is therefore necessary to provide that not only the weight in kilograms or tonnes, but also the relevant supplementary units for the imports of the products concerned, are entered in the declaration for release for free circulation. |
| --- | --- |

(6)

Statistics for certain products listed in Annex I to this Regulation are frequently expressed in pieces, square meters or measurement units other than weight. However, there are no such supplementary units in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87 (3). It is therefore necessary to provide that not only the weight in kilograms or tonnes, but also the relevant supplementary units for the imports of the products concerned, are entered in the declaration for release for free circulation.

| (7) | Since the suspensions laid down in this Regulation must take effect on 1 January 2014, this Regulation should enter into force immediately upon its publication in the Official Journal of the European Union and should apply from 1 January 2014. |
| --- | --- |

(7)

Since the suspensions laid down in this Regulation must take effect on 1 January 2014, this Regulation should enter into force immediately upon its publication in the Official Journal of the European Union and should apply from 1 January 2014.

| (8) | In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of improving the competitive capacity of the Union industry, thereby enabling that industry to maintain or create employment and modernise its structures, to lay down rules on the suspension of the Common Customs Tariff duties for the products set out in Annex I. In accordance with Article 5(4) of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve the objectives pursued, |
| --- | --- |

(8)

In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objectives of improving the competitive capacity of the Union industry, thereby enabling that industry to maintain or create employment and modernise its structures, to lay down rules on the suspension of the Common Customs Tariff duties for the products set out in Annex I. In accordance with Article 5(4) of the Treaty on European Union, this Regulation does not go beyond what is necessary to achieve the objectives pursued,

HAS ADOPTED THIS REGULATION:

Article 1

The autonomous Common Customs Tariff duties for the agricultural and industrial products listed in Annex I are hereby suspended.

Article 2

1.   The Commission may at any time review the suspensions for the products listed in Annex I in the following cases:

| (a) | at its own initiative; |
| --- | --- |

(a)

at its own initiative;

| (b) | at the request of Member States. |
| --- | --- |

(b)

at the request of Member States.

2.   The Commission shall review the suspensions in the year set out in Annex I.

Article 3

Where a declaration for release for free circulation is presented in respect of the products falling under the CN codes or TARIC codes listed in Annex II, the supplementary unit provided in that Annex shall be entered in the relevant field of that declaration.

Article 4

Regulation (EU) No 1344/2011 is hereby repealed.

Article 5

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

It shall apply from 1 January 2014.

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

Done at Brussels, 17 December 2013.

For the Council

The President

L. LINKEVIČIUS

---

(1)  Council Regulation (EU) No 1344/2011 of 19 December 2011 suspending the autonomous Common Customs Tariff duties on certain agricultural, fishery and industrial products and repealing Regulation (EC) No 1255/96 (OJ L 349, 31.12.2011, p. 1).

1

(2)  Council Regulation (EU) No 1220/2012 of 3 December 2012 on trade related measures to guarantee the supply of certain fishery products to Union processors from 2013 to 2015, amending Regulations (EC) No 104/2000 and (EU) No 1344/2011 (OJ L 349, 19.12.2012, p. 4).

2

(3)  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).

3

---

ANNEX I

| CN code | TARIC | Description | Rate of autonomous duty | Date foreseen for mandatory review |
| --- | --- | --- | --- | --- |
| ex 0710 21 00 | 10 | Peas in pods, of the species Pisum sativum of the variety Hortense axiphium, frozen, of a thickness of not more than 6 mm, to be used, in their pods, in the manufacture of prepared meals (1)
   (2) | 0  % | 31.12.2018 |
| ex 0710 80 95 | 50 | Bamboo shoots, frozen, not put up for retail sale | 0  % | 31.12.2018 |
| ex 0711 59 00 | 11 | Mushrooms, excluding mushrooms of the genera Agaricus, Calocybe, Clitocybe, Lepista, Leucoagaricus, Leucopaxillus, Lyophyllum and Tricholoma, provisionally preserved in brine, in sulphur water, or in other preservative solutions, but unsuitable in that state for immediate consumption, for the food-canning industry (1) | 0  % | 31.12.2016 |
| ex 0712 32 00
  ex 0712 33 00
  ex 0712 39 00 | 10
  10
  31 | Mushrooms, excluding mushrooms of the genus Agaricus, dried, whole or in identifiable slices or pieces, for treatment other than simple repacking for retail sale (1)
   (2) | 0  % | 31.12.2018 |
| ex 0804 10 00 | 30 | Dates, fresh or dried, for use in the manufacture (excluding packing) of products of drink or food industries (1) | 0  % | 31.12.2018 |
| ex 0810 40 50 | 10 | Cranberries of the species Vaccinium macrocarpon, fresh, for use in the manufacture (excluding packing) of products of drink or food industries (1) | 0  % | 31.12.2018 |
| 0811 90 50
  0811 90 70
  ex 0811 90 95 | 70 | Fruit of the genus Vaccinium, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter | 0  % | 31.12.2018 |
| ex 0811 90 95 | 20 | Boysenberries, frozen, not containing added sugar, not put up for retail sale | 0  % | 31.12.2018 |
| ex 0811 90 95 | 30 | Pineapple (Ananas comosus), in pieces, frozen | 0  % | 31.12.2018 |
| ex 0811 90 95 | 40 | Rose-hips, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter | 0  % | 31.12.2018 |
| ex 1511 90 19
  ex 1511 90 91
  ex 1513 11 10
  ex 1513 19 30
  ex 1513 21 10
  ex 1513 29 30 | 10
  10
  10
  10
  10
  10 | Palm oil, coconut (copra) oil, palm kernel oil, for the manufacture of:






  — | industrial monocarboxylic fatty acids of subheading 3823 19 10 , |

CN code

TARIC

Description

Rate of autonomous duty

Date foreseen for mandatory review

ex 0710 21 00

10

Peas in pods, of the species Pisum sativum of the variety Hortense axiphium, frozen, of a thickness of not more than 6 mm, to be used, in their pods, in the manufacture of prepared meals (1)
   (2)

0  %

31.12.2018

ex 0710 80 95

50

Bamboo shoots, frozen, not put up for retail sale

0  %

31.12.2018

ex 0711 59 00

11

Mushrooms, excluding mushrooms of the genera Agaricus, Calocybe, Clitocybe, Lepista, Leucoagaricus, Leucopaxillus, Lyophyllum and Tricholoma, provisionally preserved in brine, in sulphur water, or in other preservative solutions, but unsuitable in that state for immediate consumption, for the food-canning industry (1)

0  %

31.12.2016

ex 0712 32 00

ex 0712 33 00

ex 0712 39 00

10

10

31

Mushrooms, excluding mushrooms of the genus Agaricus, dried, whole or in identifiable slices or pieces, for treatment other than simple repacking for retail sale (1)
   (2)

0  %

31.12.2018

ex 0804 10 00

30

Dates, fresh or dried, for use in the manufacture (excluding packing) of products of drink or food industries (1)

0  %

31.12.2018

ex 0810 40 50

10

Cranberries of the species Vaccinium macrocarpon, fresh, for use in the manufacture (excluding packing) of products of drink or food industries (1)

0  %

31.12.2018

0811 90 50

0811 90 70

ex 0811 90 95

70

Fruit of the genus Vaccinium, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter

0  %

31.12.2018

ex 0811 90 95

20

Boysenberries, frozen, not containing added sugar, not put up for retail sale

0  %

31.12.2018

ex 0811 90 95

30

Pineapple (Ananas comosus), in pieces, frozen

0  %

31.12.2018

ex 0811 90 95

40

Rose-hips, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter

0  %

31.12.2018

ex 1511 90 19

ex 1511 90 91

ex 1513 11 10

ex 1513 19 30

ex 1513 21 10

ex 1513 29 30

10

10

10

10

10

10

Palm oil, coconut (copra) oil, palm kernel oil, for the manufacture of:

—

industrial monocarboxylic fatty acids of subheading 3823 19 10 ,

| — | methyl esters of fatty acids of heading 2915 or 2916 , |
| --- | --- |

—

methyl esters of fatty acids of heading 2915 or 2916 ,

| — | fatty alcohols of subheadings 2905 17 , 2905 19 and 3823 70 used for the manufacture of cosmetics, washing products or pharmaceutical products, |
| --- | --- |

—

fatty alcohols of subheadings 2905 17 , 2905 19 and 3823 70 used for the manufacture of cosmetics, washing products or pharmaceutical products,

| — | fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products, |
| --- | --- |

—

fatty alcohols of subheading 2905 16 , pure or mixed, used for the manufacture of cosmetics, washing products or pharmaceutical products,

| — | stearic acid of subheading 3823 11 00 or |
| --- | --- |

—

stearic acid of subheading 3823 11 00 or

| — | goods of heading 3401  (1) |
| --- | --- |

—

goods of heading 3401  (1)

0  %

31.12.2018

ex 1515 90 99

92

Vegetable oil, refined, containing by weight 35 % or more but not more than 50 % of arachidonic acid or 35 % or more but not more than 50 % of docosahexaenoic acid

0  %

31.12.2018

ex 1516 20 96

20

Jojoba oil, hydrogenated and interesterified, without any further chemical modification and not subjected to any texturisation process

0  %

31.12.2014

ex 1517 90 99

10

Vegetable oil, refined, containing by weight 25 % or more but not more than 50 % arachidonic acid or 12 % or more but not more than 50 % docosahexaenoic acid and standardized with high oleic sunflower oil (HOSO)

0  %

31.12.2016

ex 1902 30 10

ex 1903 00 00

10

20

Transparent noodles, cut in pieces, obtained from beans (Vigna radiata (L.) Wilczek), not put up for retail sale

0  %

31.12.2018

ex 2005 91 00

10

Bamboo shoots, prepared or preserved, in immediate packings of a net content of more than 5 kg

0  %

31.12.2018

ex 2007 99 50

ex 2007 99 50

81

91

Acerola puree concentrate, obtained by cooking:

| — | of the Genus Malpighia spp., |
| --- | --- |

—

of the Genus Malpighia spp.,

| — | with a sugar content by weight of more than 13 % but not more than 30 % |
| --- | --- |

—

with a sugar content by weight of more than 13 % but not more than 30 %

for use in the manufacture of products of food and drink industry (1)

9  % (3)

31.12.2017

ex 2007 99 50

ex 2007 99 50

82

92

Acidified banana puree concentrate, obtained by cooking:

| — | of the Genus Musa cavendish, |
| --- | --- |

—

of the Genus Musa cavendish,

| — | with a sugar content by weight of more than 13 % but not more than 30 % |
| --- | --- |

—

with a sugar content by weight of more than 13 % but not more than 30 %

for use in the manufacture of products of food and drink industry (1)

11,5  % (3)

31.12.2017

ex 2007 99 50

ex 2007 99 50

ex 2007 99 93

83

93

10

Mango puree concentrate, obtained by cooking:

| — | of the Genus Mangifera spp., |
| --- | --- |

—

of the Genus Mangifera spp.,

| — | with a sugar content by weight of not more than 30 % |
| --- | --- |

—

with a sugar content by weight of not more than 30 %

for use in the manufacture of products of food and drink industry (1)

6  % (3)

31.12.2017

ex 2007 99 50

ex 2007 99 50

84

94

Papaya puree concentrate, obtained by cooking:

| — | of the Genus Carica spp., |
| --- | --- |

—

of the Genus Carica spp.,

| — | with a sugar content by weight of more than 13 % but not more than 30 % |
| --- | --- |

—

with a sugar content by weight of more than 13 % but not more than 30 %

for use in the manufacture of products of food and drink industry (1)

7,8  % (3)

31.12.2017

ex 2007 99 50

ex 2007 99 50

85

95

Guava puree concentrate, obtained by cooking:

| — | of the Genus Psidium spp., |
| --- | --- |

—

of the Genus Psidium spp.,

| — | with a sugar content by weight of more than 13 % but not more than 30 % |
| --- | --- |

—

with a sugar content by weight of more than 13 % but not more than 30 %

for use in the manufacture of products of food and drink industry (1)

6  % (3)

31.12.2017

ex 2008 93 91

20

Sweetened dried cranberries, excluding packing alone as processing, for the manufacture of products of food processing industries (4)

0  %

31.12.2017

ex 2008 99 48

94

Mango puree:

| — | not from concentrate, |
| --- | --- |

—

not from concentrate,

| — | of the genus Mangifera, |
| --- | --- |

—

of the genus Mangifera,

| — | of a Brix value of 14 or more, but not more than 20 |
| --- | --- |

—

of a Brix value of 14 or more, but not more than 20

used in the manufacture of products of drink industry (1)

6  %

31.12.2015

ex 2008 99 49

ex 2008 99 99

30

40

Seedless boysenberry puree not containing added spirit, whether or not containing added sugar

0  %

31.12.2014

ex 2008 99 49

ex 2008 99 99

70

11

Blanched vine leaves of the genus Karakishmish, in brine, containing by weight:

| — | more than 6 % of salt concentration, |
| --- | --- |

—

more than 6 % of salt concentration,

| — | 0,1 % or more but not more than 1,4 % of acidity expressed as citric acid monohydrate and |
| --- | --- |

—

0,1 % or more but not more than 1,4 % of acidity expressed as citric acid monohydrate and

| — | whether or not but not more than 2 000  mg/kg of sodium benzoate according CODEX STAN 192-1995 |
| --- | --- |

—

whether or not but not more than 2 000  mg/kg of sodium benzoate according CODEX STAN 192-1995

for use in the manufacture of stuffed vine leaves with rice (1)

0  %

31.12.2017

ex 2009 41 92

ex 2009 41 99

20

70

Pineapple juice:

| — | not from concentrate, |
| --- | --- |

—

not from concentrate,

| — | of the genus Ananas, |
| --- | --- |

—

of the genus Ananas,

| — | of a Brix value of 11 or more but not more than 16, |
| --- | --- |

—

of a Brix value of 11 or more but not more than 16,

used in the manufacture of products of drink industry (1)

8  %

31.12.2015

ex 2009 49 30

91

Pineapple juice, other than in powder form:

| — | with a Brix value of more than 20 but not more than 67, |
| --- | --- |

—

with a Brix value of more than 20 but not more than 67,

| — | a value of more than EUR 30 per 100 kg net weight, |
| --- | --- |

—

a value of more than EUR 30 per 100 kg net weight,

| — | containing added sugars |
| --- | --- |

—

containing added sugars

used in the manufacture of products of food or drink industry (1)

0  %

31.12.2014

ex 2009 81 31

10

Cranberry juice concentrate:

| — | of a Brix value of 40 or more but not more than 66, |
| --- | --- |

—

of a Brix value of 40 or more but not more than 66,

| — | in immediate packings of a content of 50 litres or more |
| --- | --- |

—

in immediate packings of a content of 50 litres or more

0  %

31.12.2014

ex 2009 89 79

20

Frozen boysenberry juice concentrate with a Brix value of 61 or more, but not more than 67, in immediate packing of a content of 50 litres or more

0  %

31.12.2016

ex 2009 89 79

30

Frozen acerola juice concentrate:

| — | with a Brix value of more than 48 but not more than 67, |
| --- | --- |

—

with a Brix value of more than 48 but not more than 67,

| — | in immediate packings of a content of 50 litres or more |
| --- | --- |

—

in immediate packings of a content of 50 litres or more

0  %

31.12.2018

ex 2009 89 79

85

Acai berry juice concentrate:

| — | of the species Euterpe oleracea, |
| --- | --- |

—

of the species Euterpe oleracea,

| — | frozen, |
| --- | --- |

—

frozen,

| — | not sweetened, |
| --- | --- |

—

not sweetened,

| — | not in powder form, |
| --- | --- |

—

not in powder form,

| — | of a Brix value of 23 or more but not more than 32, |
| --- | --- |

—

of a Brix value of 23 or more but not more than 32,

in immediate packings of a content of 10 kg or more

0  %

31.12.2016

ex 2009 89 99

93

Untreated frozen coconut water, in immediate packing of a content of 50 litres or more

0  %

31.12.2016

ex 2106 10 20

10

Soya protein isolate, containing by weight 6,6 % or more but not more than 8,6 % of calcium phosphate

0  %

31.12.2018

ex 2106 90 92

45

Preparation containing by weight:

| — | more than 30 % but not more than 35 % licorice extract, |
| --- | --- |

—

more than 30 % but not more than 35 % licorice extract,

| — | more than 65 % but not more than 70 % tricaprylin, |
| --- | --- |

—

more than 65 % but not more than 70 % tricaprylin,

standardized by weight to 3 % or more but not more than 4 % glabridin

0  %

31.12.2016

ex 2519 90 10

10

Fused magnesia with a purity by weight of 97 % or more

0  %

31.12.2016

ex 2804 50 90

10

Tellurium of a purity by weight of 99,99 % or more, but not more than 99,999 % by weight (CAS RN 13494-80-9)

0  %

31.12.2018

2804 70 00

Phosphorus

0  %

31.12.2018

ex 2805 19 90

10

Lithium metal of a purity by weight of 99,7 % or more (CAS RN 7439-93-2)

0  %

31.12.2017

ex 2805 30 10

10

Alloy of cerium and other rare-earth metals, containing by weight 47 % or more of cerium

0  %

31.12.2018

ex 2805 30 90

ex 2805 30 90

ex 2805 30 90

45

55

65

Rare-earth metals, scandium and yttrium, of a purity by weight of 95 % or more

0  %

31.12.2015

ex 2811 19 80

10

Sulphamidic acid (CAS RN 5329-14-6)

0  %

31.12.2018

ex 2811 19 80

20

Hydrogen iodide (CAS RN 10034-85-2)

0  %

31.12.2016

ex 2811 19 80

30

Phosphorous acid (CAS RN 10294-56-1)/phosphonic acid (CAS RN 13598-36-2) used as an ingredient for production of additives used in poly(vinyl chloride) industry (1)

0  %

31.12.2017

ex 2811 22 00

10

Silicon dioxide (CAS RN 7631-86-9) in the form of powder, for use in the manufacture of high performance liquid chromatography columns (HPLC) and sample preparation cartridges (1)

0  %

31.12.2018

ex 2811 22 00

30

Balls of porous white silica of a particle size of more than 1 μm for use in the manufacture of cosmetic products (1)

0  %

31.12.2016

ex 2812 90 00

10

Nitrogen trifluoride (CAS RN 7783-54-2)

0  %

31.12.2018

ex 2816 40 00

10

Barium hydroxide (CAS RN 17194-00-2)

0  %

31.12.2017

ex 2818 10 91

10

Sintered corundum with micro crystalline structure, containing by weight:

| — | 94 % or more, but not more than 98,5 % of α-Al2O3 (CAS RN 1344-28-1), |
| --- | --- |

—

94 % or more, but not more than 98,5 % of α-Al2O3 (CAS RN 1344-28-1),

| — | 2 % (± 1,5 %) of magnesium spinel (CAS RN 1309-48-4), |
| --- | --- |

—

2 % (± 1,5 %) of magnesium spinel (CAS RN 1309-48-4),

| — | 1 % (± 0,6 %) of yttrium oxide (CAS RN 1314-36-9), |
| --- | --- |

—

1 % (± 0,6 %) of yttrium oxide (CAS RN 1314-36-9),

and

| — | either 2 % (± 1,2 %) of lanthanum oxide (CAS RN 1312-81-8) |
| --- | --- |

—

either 2 % (± 1,2 %) of lanthanum oxide (CAS RN 1312-81-8)

| — | or 2 % (± 1,2 %) of lanthanum oxide (CAS RN 1312-81-8) and neodymium oxide (CAS RN 1313-97-9) |
| --- | --- |

—

or 2 % (± 1,2 %) of lanthanum oxide (CAS RN 1312-81-8) and neodymium oxide (CAS RN 1313-97-9)

with less than 50 % of the total weight having a particle size of more than 10 mm

0  %

31.12.2015

ex 2818 20 00

10

Activated alumina with a specific surface area of at least 350 m2/g

0  %

31.12.2014

ex 2818 30 00

10

Aluminium hydroxide oxide in the form of pseudo-boehmite

4  %

31.12.2018

2819 10 00

Chromium trioxide (CAS RN 1333-82-0)

0  %

31.12.2016

ex 2819 90 90

10

Dichromium trioxide for use in metallurgy (CAS RN 1308-38-9) (1)

0  %

31.12.2016

ex 2823 00 00

10

Titanium dioxide (CAS RN 13463-67-7):

| — | of a purity by weight of 99,9 % or more, |
| --- | --- |

—

of a purity by weight of 99,9 % or more,

| — | with an average grain-size of 1,2 μm or more but not more than 1,8 μm |
| --- | --- |

—

with an average grain-size of 1,2 μm or more but not more than 1,8 μm

| — | with a specific surface of 5,0 m2/g or more, but not more than 7,5 m2/g |
| --- | --- |

—

with a specific surface of 5,0 m2/g or more, but not more than 7,5 m2/g

0  %

31.12.2017

ex 2823 00 00

20

Titanium dioxide (CAS RN 13463-67-7) with a purity by weight of 99,7 % or more and containing by weight:

| — | not more than 0,005 % of potassium and sodium combined (expressed as elemental sodium and elemental potassium), |
| --- | --- |

—

not more than 0,005 % of potassium and sodium combined (expressed as elemental sodium and elemental potassium),

| — | not more than 0,01 % of phosphorus (expressed as elemental phosphorus), |
| --- | --- |

—

not more than 0,01 % of phosphorus (expressed as elemental phosphorus),

for use in the metallurgy (1)

0  %

31.12.2017

ex 2825 10 00

10

Hydroxylammonium chloride (CAS RN 5470-11-1)

0  %

31.12.2017

ex 2825 50 00

20

Copper (I or II) oxide containing by weight 78 % or more of copper and not more than 0,03 % of chloride

0  %

31.12.2018

ex 2825 60 00

10

Zirconium dioxide (CAS RN 1314-23-4)

0  %

31.12.2017

ex 2826 19 90

10

Tungsten hexafluoride with a purity of 99,9 % by weight or more (CAS RN 7783-82-6)

0  %

31.12.2015

ex 2826 90 80

15

Lithium hexafluorophosphate (CAS RN 21324-40-3)

0  %

31.12.2016

ex 2827 39 85

10

Copper monochloride of a purity by weight of 96 % or more but not more than 99 % (CAS RN 7758-89-6)

0  %

31.12.2018

ex 2827 39 85

20

Antimony pentachloride of a purity by weight of 99 % or more (CAS RN 7647-18-9)

0  %

31.12.2016

ex 2827 39 85

30

Manganese dichloride (CAS RN 7773-01-5)

0  %

31.12.2014

ex 2827 49 90

10

Hydrated zirconium dichloride oxide

0  %

31.12.2018

ex 2830 10 00

10

Disodium tetrasulphide, containing by weight 38 % or less of sodium calculated on the dry weight

0  %

31.12.2018

ex 2833 29 80

20

Manganese sulphate monohydrate (CAS RN 10034-96-5)

0  %

31.12.2018

ex 2833 29 80

30

Zirconium sulphate (CAS RN 14644-61-2)

0  %

31.12.2015

ex 2835 10 00

10

Sodium hypophosphite monohydrate (CAS RN 10039-56-2)

0  %

31.12.2017

ex 2836 91 00

20

Lithium carbonate, containing one or more of the following impurities at the concentrations indicated:

| — | 2 mg/kg or more of arsenic, |
| --- | --- |

—

2 mg/kg or more of arsenic,

| — | 200 mg/kg or more of calcium, |
| --- | --- |

—

200 mg/kg or more of calcium,

| — | 200 mg/kg or more of chlorides, |
| --- | --- |

—

200 mg/kg or more of chlorides,

| — | 20 mg/kg or more of iron, |
| --- | --- |

—

20 mg/kg or more of iron,

| — | 150 mg/kg or more of magnesium, |
| --- | --- |

—

150 mg/kg or more of magnesium,

| — | 20 mg/kg or more of heavy metals, |
| --- | --- |

—

20 mg/kg or more of heavy metals,

| — | 300 mg/kg or more of potassium, |
| --- | --- |

—

300 mg/kg or more of potassium,

| — | 300 mg/kg or more of sodium, |
| --- | --- |

—

300 mg/kg or more of sodium,

| — | 200 mg/kg or more of sulphates, |
| --- | --- |

—

200 mg/kg or more of sulphates,

determined according to the methods specified in the European Pharmacopœia

0  %

31.12.2018

ex 2836 99 17

20

Zirconium (IV) basic carbonate (CAS RN 15667-84-2)

0  %

31.12.2018

ex 2837 19 00

20

Copper cyanide (CAS RN 544-92-3)

0  %

31.12.2018

ex 2837 20 00

10

Tetrasodium hexacyanoferrate (II) (CAS RN 13601-19-9)

0  %

31.12.2016

ex 2837 20 00

20

Ammonium iron (III) hexacyanoferrate (II) (CAS RN 25869-00-5)

0  %

31.12.2017

ex 2839 19 00

10

Disodium disilicate (CAS RN 13870-28-5)

0  %

31.12.2017

ex 2839 90 00

20

Calcium silicate (CAS RN 1344-95-2)

0  %

31.12.2018

2841 30 00

Sodium dichromate (CAS RN 10588-01-9)

0  %

31.12.2018

ex 2841 80 00

10

Diammonium wolframate (ammonium paratungstate) (CAS RN 11120-25-5)

0  %

31.12.2017

ex 2841 90 85

10

Lithium cobalt(III) oxide with a cobalt content of at least 59 % (CAS RN 12190-79-3)

0  %

31.12.2017

ex 2841 90 85

20

Potassium titanium oxide in powder form with a purity of 99 % or more (CAS RN 12056-51-8)

0  %

31.12.2018

ex 2842 10 00

10

Synthetic Beta Zeolite powder

0  %

31.12.2018

ex 2842 10 00

20

Synthetic Chabasite Zeolite Powder

0  %

31.12.2014

ex 2842 90 10

10

Sodium selenate (CAS RN 13410-01-0)

0  %

31.12.2014

ex 2843 29 00

10

Silver oxide, nitrate- and carbonate-free, with a silver content of at least 99,99 % by weight of the metal content, for the manufacture of silver oxide batteries (1)

0  %

31.12.2016

2845 10 00

Heavy water (deuterium oxide) (Euratom) (CAS RN 7789-20-0)

0  %

31.12.2018

2845 90 10

Deuterium and compounds thereof; hydrogen and compounds thereof, enriched in deuterium; mixtures and solutions containing these products (Euratom)

0  %

31.12.2018

ex 2845 90 90

10

Helium-3 (CAS RN 14762-55-1)

0  %

31.12.2016

ex 2845 90 90

20

Water enriched at a level of 95 % or more by weight with oxygen-18 (CAS RN 14314-42-2)

0  %

31.12.2018

ex 2845 90 90

30

(13C)Carbon monoxide (CAS RN 1641-69-6)

0  %

31.12.2016

ex 2845 90 90

40

Iron boride enriched at a level of more than 95 % by weight with boron-10 (CAS RN 200513-39-9)

0  %

31.12.2018

ex 2846 10 00

ex 3824 90 97

10

48

Rare-earth concentrate containing by weight 60 % or more but not more than 95 % of rare-earth oxides and not more than 1 % each of zirconium oxide, aluminium oxide or iron oxide, and having a loss on ignition of 5 % or more by weight

0  %

31.12.2018

ex 2846 10 00

20

Dicerium tricarbonate, whether or not hydrated (CAS RN 537-01-9)

0  %

31.12.2018

ex 2846 10 00

30

Cerium lanthanum carbonate, whether or not hydrated

0  %

31.12.2018

ex 2846 10 00

40

Cerium lanthanum neodymium praseodymium carbonate, whether or not hydrated

0  %

31.12.2014

2846 90 00

Compounds, inorganic or organic, of rare-earth metals, of yttrium or of scandium or of mixtures of these metals, other than those of subheading 2846 10 00

0  %

31.12.2018

ex 2848 00 00

10

Phosphine (CAS RN 7803-51-2)

0  %

31.12.2018

ex 2850 00 20

10

Silane (CAS RN 7803-62-5)

0  %

31.12.2018

ex 2850 00 20

20

Arsine (CAS RN 7784-42-1)

0  %

31.12.2018

ex 2850 00 20

30

Titanium nitride with a particle size of not more than 250 nm (CAS RN 25583-20-4)

0  %

31.12.2017

ex 2850 00 20

40

Germanium tetrahydride (CAS RN 7782-65-2)

0  %

31.12.2016

ex 2850 00 20

50

Sodium tetrahydroborate (CAS 16940-66-2) with:

| — | a purity by weight of 98 % or more and |
| --- | --- |

—

a purity by weight of 98 % or more and

| — | not more than 10ppm iron |
| --- | --- |

—

not more than 10ppm iron

for use as an additive in the manufacture of oxygen barrier polymer articles (1)

0  %

31.12.2017

ex 2850 00 60

10

Sodium azide (CAS RN 26628-22-8)

0  %

31.12.2018

ex 2853 00 90

10

Chlorosulphonyl isocyanate (CAS RN 1189-71-5)

0  %

31.12.2016

ex 2903 39 90

10

Carbon tetrafluoride (tetrafluoromethane) (CAS RN 75-73-0)

0  %

31.12.2018

ex 2903 39 90

15

Perfluoro(4-methyl-2-pentene) (CAS RN 84650-68-0)

0  %

31.12.2016

ex 2903 39 90

25

2,3,3,3-Tetrafluoroprop-1-ene (CAS RN 754-12-1)

0  %

31.12.2017

ex 2903 39 90

30

Perfluoroethane (CAS RN 76-16-4)

0  %

31.12.2018

ex 2903 39 90

40

1,1-Difluoroethane (CAS RN 75-37-6)

0  %

31.12.2018

ex 2903 39 90

50

1,1,1,3,3-Pentafluoropropane (CAS RN 460-73-1)

0  %

31.12.2018

ex 2903 39 90

70

1,1,1,2-Tetrafluoroethane, certified odourless containing a maximum:

| — | 600 ppm by weight of 1,1,2,2-tetrafluoroethane, |
| --- | --- |

—

600 ppm by weight of 1,1,2,2-tetrafluoroethane,

| — | 2 ppm by weight of pentafluoroethane, |
| --- | --- |

—

2 ppm by weight of pentafluoroethane,

| — | 2 ppm by weight of chlorodifluoromethane, |
| --- | --- |

—

2 ppm by weight of chlorodifluoromethane,

| — | 2 ppm by weight of chloropentafluoroethane, |
| --- | --- |

—

2 ppm by weight of chloropentafluoroethane,

| — | 2 ppm by weight of dichlorodifluoromethane |
| --- | --- |

—

2 ppm by weight of dichlorodifluoromethane

for use in the manufacture of pharmaceutical grade propellant for medical metred dose inhalers (CAS RN 811-97-2) (1)

0  %

31.12.2016

ex 2903 39 90

75

Trans-1,3,3,3-tetrafluoroprop-1-ene (CAS RN 1645-83-6)

0  %

31.12.2018

ex 2903 39 90

80

Hexafluoropropene (CAS RN 116-15-4)

0  %

31.12.2016

ex 2903 77 30

10

1,1,1-Trichlorotrifluoroethane (CAS RN 354-58-5)

0  %

31.12.2018

ex 2903 77 90

10

Chlorotrifluoroethylene (CAS RN 79-38-9)

0  %

31.12.2016

ex 2903 89 90

10

1,6,7,8,9,14,15,16,17,17,18,18-Dodecachloropentacyclo [12.2.1.16,9.02,13.05,10]octadeca-7,15-diene (CAS RN 13560-89-9)

0  %

31.12.2018

ex 2903 89 90

30

Octafluorocyclopentene (CAS RN 559-40-0)

0  %

31.12.2016

ex 2903 89 90

40

Hexabromocyclododecane

0  %

31.12.2016

ex 2903 89 90

50

Chlorocyclopentane (CAS RN 930-28-9)

0  %

31.12.2017

ex 2903 99 90

20

1,2-Bis(pentabromophenyl)ethane (CAS RN 84852-53-9)

0  %

31.12.2018

ex 2903 99 90

40

2,6-Dichlorotoluene, of a purity by weight of 99 % or more and containing:

| — | 0,001 mg/kg or less of tetrachlorodibenzodioxines, |
| --- | --- |

—

0,001 mg/kg or less of tetrachlorodibenzodioxines,

| — | 0,001 mg/kg or less of tetrachlorodibenzofurans, |
| --- | --- |

—

0,001 mg/kg or less of tetrachlorodibenzofurans,

| — | 0,2 mg/kg or less of tetrachlorobiphenyls |
| --- | --- |

—

0,2 mg/kg or less of tetrachlorobiphenyls

0  %

31.12.2018

ex 2903 99 90

50

Fluorobenzene (CAS RN 462-06-6)

0  %

31.12.2018

ex 2903 99 90

70

α,α,α′,α′-Tetrachloro-o-xylen (CAS RN 25641-99-0)

0  %

31.12.2015

ex 2903 99 90

80

1-Bromo-3,4,5-trifluorobenzene (CAS RN 138526-69-9)

0  %

31.12.2018

ex 2903 99 90

85

2-Bromo-9H-fluorene (CAS RN 1133-80-8)

0  %

31.12.2018

ex 2904 10 00

30

Sodium p-styrenesulphonate (CAS RN 2695-37-6)

0  %

31.12.2014

ex 2904 10 00

50

Sodium 2-methylprop-2-ene-1-sulphonate (CAS RN 1561-92-8)

0  %

31.12.2014

ex 2904 20 00

10

Nitromethane (CAS RN 75-52-5)

0  %

31.12.2015

ex 2904 20 00

20

Nitroethane (CAS RN 79-24-3)

0  %

31.12.2015

ex 2904 20 00

30

1-Nitropropane (CAS RN 108-03-2)

0  %

31.12.2015

ex 2904 20 00

40

2-Nitropropane (CAS RN 79-46-9)

0  %

31.12.2014

ex 2904 90 40

10

Trichloronitromethane, for the manufacture of goods of subheading 3808 92 (CAS RN 76-06-2) (1)

0  %

31.12.2014

ex 2904 90 95

20

1-Chloro-2,4-dinitrobenzene (CAS RN 97-00-7)

0  %

31.12.2014

ex 2904 90 95

30

Tosyl chloride (CAS RN 98-59-9)

0  %

31.12.2014

ex 2904 90 95

40

4-Chlorobenzenesulphonyl chloride (CAS RN 98-60-2)

0  %

31.12.2017

ex 2904 90 95

50

Ethanesulphonyl chloride (CAS RN 594-44-5)

0  %

31.12.2018

ex 2905 19 00

11

Potassium tert-butanolate (CAS RN 865-47-4), whether or not in the form of a solution in tetrahydrofuran according to note 1e to Chapter 29 of the CN

0  %

31.12.2018

ex 2905 19 00

30

2,6-Dimethylheptan-4-ol (CAS RN 108-82-7)

0  %

31.12.2018

ex 2905 19 00

40

2,6-Dimethylheptan-2-ol (CAS RN 13254-34-7)

0  %

31.12.2014

ex 2905 19 00

70

Titanium tetrabutanolate (CAS RN 5593-70-4)

0  %

31.12.2017

ex 2905 19 00

80

Titanium tetraisopropoxide (CAS RN 546-68-9)

0  %

31.12.2017

ex 2905 19 00

85

Titanium tetraethanolate (CAS RN 3087-36-3)

0  %

31.12.2018

ex 2905 29 90

10

3,5-Dimethylhex-1-yn-3-ol (CAS RN 107-54-0)

0  %

31.12.2014

ex 2905 29 90

20

Dec-9-en-1-ol (CAS RN 13019-22-2)

0  %

31.12.2014

ex 2905 29 90

30

Dodeca-8,10-dien-1-ol (CAS RN 33956-49-9)

0  %

31.12.2015

ex 2905 39 95

10

Propane-1,3-diol (CAS RN 504-63-2)

0  %

31.12.2015

ex 2905 39 95

20

Butane-1,2-diol (CAS RN 584-03-2)

0  %

31.12.2016

ex 2905 39 95

30

2,4,7,9-Tetramethyl-4,7-decanediol (CAS RN 17913-76-7)

0  %

31.12.2016

ex 2905 39 95

40

Decane-1,10-diol (CAS RN 112-47-0)

0  %

31.12.2017

ex 2905 39 95

50

2-Methyl-2-propylpropane-1,3-diol (CAS RN 78-26-2)

0  %

31.12.2018

ex 2905 49 00

10

Ethylidynetrimethanol (CAS RN 77-85-0)

0  %

31.12.2014

ex 2905 59 98

20

2,2,2-Trifluoroethanol (CAS RN 75-89-8)

0  %

31.12.2014

2906 11 00

Menthol (CAS RN 1490-04-6)

0  %

31.12.2018

ex 2906 19 00

10

Cyclohex-1,4-ylenedimethanol (CAS RN 105-08-8)

0  %

31.12.2018

ex 2906 19 00

20

4,4′-Isopropylidenedicyclohexanol (CAS RN 80-04-6)

0  %

31.12.2018

ex 2906 29 00

10

2,2′-(m-Phenylene)dipropan-2-ol (CAS RN 1999-85-5)

0  %

31.12.2014

ex 2906 29 00

20

1-Hydroxymethyl-4-methyl-2,3,5,6-tetrafluorobenzene (CAS RN 79538-03-7)

0  %

31.12.2018

ex 2906 29 00

30

2-Phenylethanol (CAS RN 60-12-8)

0  %

31.12.2017

ex 2907 15 90

10

2-Naphthol (CAS RN 135-19-3)

0  %

31.12.2016

ex 2907 19 90

10

2,3,5-Trimethylphenol (CAS RN 697-82-5)

0  %

31.12.2014

ex 2907 19 90

20

Biphenyl-4-ol (CAS RN 92-69-3)

0  %

31.12.2018

ex 2907 21 00

10

Resorcinol (CAS RN 108-46-3)

0  %

31.12.2018

ex 2907 23 00

10

4,4′-Isopropylidenediphenol (CAS RN 80-05-7)

0  %

31.12.2017

ex 2907 29 00

15

6,6′-Di-tert-butyl-4,4′-butylidenedi-m-cresol (CAS RN 85-60-9)

0  %

31.12.2018

ex 2907 29 00

20

4,4′-(3,3,5-Trimethylcyclohexylidene)diphenol (CAS RN 129188-99-4)

0  %

31.12.2018

ex 2907 29 00

30

4,4′,4′′-Ethylidynetriphenol (CAS RN 27955-94-8)

0  %

31.12.2018

ex 2907 29 00

35

4-[2-(4-Hydroxy-3-prop-2-enylphenyl)propan-2-yl]-2-prop-2-enylphenol (CAS RN 1745-89-7)

0  %

31.12.2016

ex 2907 29 00

40

2,3,5-Trimethylhydroquinone (CAS RN 700-13-0)

0  %

31.12.2016

ex 2907 29 00

45

2-Methylhydroquinone (CAS RN 95-71-6)

0  %

31.12.2016

ex 2907 29 00

50

6,6′,6′′-Tricyclohexyl-4,4′,4′′-butane-1,1,3-triyltri (m-cresol) (CAS RN 111850-25-0)

0  %

31.12.2018

ex 2907 29 00

55

Biphenyl-2,2′-diol (CAS RN 1806-29-7)

0  %

31.12.2017

ex 2907 29 00

70

2,2′,2′′,6,6′,6′′-Hexa-tert-butyl-α,α′,α′′-(mesitylene-2,4,6-triyl)tri-p-cresol (CAS RN 1709-70-2)

0  %

31.12.2018

ex 2907 29 00

85

Phloroglucinol whether or not hydrated

0  %

31.12.2018

ex 2908 19 00

10

Pentafluorophenol (CAS RN 771-61-9)

0  %

31.12.2018

ex 2908 19 00

20

4,4′-(Perfluoroisopropylidene)diphenol (CAS RN 1478-61-1)

0  %

31.12.2018

ex 2908 99 00

30

4-Nitrophenol (CAS RN 100-02-7)

0  %

31.12.2018

ex 2908 99 00

40

4,5-Dihydroxynaphthalene-2,7-disulphonic acid (CAS RN 148-25-4)

0  %

31.12.2017

ex 2909 19 90

20

Bis(2-chloroethyl) ether (CAS RN 111-44-4)

0  %

31.12.2018

ex 2909 19 90

30

Mixture of isomers of nonafluorobutyl methyl ether or nonafluorobutyl ethyl ether, of a purity by weight of 99 % or more

0  %

31.12.2018

ex 2909 19 90

50

3-Ethoxy-perfluoro-2-methylhexane (CAS RN 297730-93-9)

0  %

31.12.2016

ex 2909 19 90

60

1-Methoxyheptafluoropropane (CAS RN 375-03-1)

0  %

31.12.2018

ex 2909 20 00

10

8-Methoxycedrane (CAS RN 19870-74-7)

0  %

31.12.2016

ex 2909 30 38

10

Bis(pentabromophenyl) ether (CAS RN 1163-19-5)

0  %

31.12.2018

ex 2909 30 38

20

1,1′-Propane-2,2-diylbis[3,5-dibromo-4-(2,3-dibromopropoxy)benzene] (CAS RN 21850-44-2)

0  %

31.12.2016

ex 2909 30 90

10

2-(Phenylmethoxy)naphthalene (CAS RN 613-62-7)

0  %

31.12.2014

ex 2909 30 90

20

1,2-Bis(3-methyl-phenoxy)ethane (CAS RN 54914-85-1)

0  %

31.12.2014

ex 2909 30 90

30

3,4,5-Trimethoxytoluene (CAS RN 6443-69-2)

0  %

31.12.2015

ex 2909 50 00

10

4-(2-Methoxyethyl)phenol (CAS RN 56718-71-9)

0  %

31.12.2018

ex 2909 50 00

20

Ubiquinol (CAS RN 992-78-9)

0  %

31.12.2015

ex 2909 60 00

10

Bis(α,α-dimethylbenzyl) peroxide (CAS RN 80-43-3)

0  %

31.12.2018

ex 2909 60 00

20

1,4-Di(2-tert-butylperoxyisopropyl)benzene (CAS RN 25155-25-3)

0  %

31.12.2016

ex 2910 90 00

15

1,2-Epoxycyclohexane (CAS RN 286-20-4)

0  %

31.12.2018

ex 2910 90 00

30

2,3-Epoxypropan-1-ol (glycidol) (CAS RN 556-52-5)

0  %

31.12.2018

ex 2910 90 00

80

Allyl glycidyl ether (CAS RN 106-92-3)

0  %

31.12.2016

ex 2912 29 00

40

(2E,4E,6E,8E,10E,12E)-2,7,11-Trimethyl-13-(2,6,6-trimethyl-1-cyclohexen-1-yl)-2,4,6,8,10,12-tridecahexaenal (CAS RN 1638-05-7)

0  %

31.12.2016

ex 2912 29 00

50

4-Isobutylbenzaldehyde (CAS RN 40150-98-9)

0  %

31.12.2017

ex 2912 29 00

60

3,4-Dimethylbenzaldehyde (CAS RN 5973-71-7)

0  %

31.12.2018

ex 2912 49 00

10

3-Phenoxybenzaldehyde (CAS RN 39515-51-0)

0  %

31.12.2018

ex 2912 49 00

20

4-Hydroxybenzaldehyde (CAS RN 123-08-0)

0  %

31.12.2017

ex 2912 49 00

30

Salicylaldehyde (CAS RN 90-02-8)

0  %

31.12.2015

ex 2914 19 90

20

Heptan-2-one (CAS RN 110-43-0)

0  %

31.12.2017

ex 2914 19 90

30

3-Methylbutanone (CAS RN 563-80-4)

0  %

31.12.2017

ex 2914 19 90

40

Pentan-2-one (CAS RN 107-87-9)

0  %

31.12.2017

ex 2914 29 00

20

Cyclohexadec-8-enone (CAS RN 3100-36–5)

0  %

31.12.2018

ex 2914 29 00

30

(R)-p-Mentha-1(6),8-dien-2-one (CAS RN 6485-40-1)

0  %

31.12.2015

ex 2914 29 00

40

Camphor

0  %

31.12.2018

ex 2914 29 00

50

trans-β-Damascone (CAS RN 23726-91-2)

0  %

31.12.2016

ex 2914 39 00

30

Benzophenone (CAS RN 119-61-9)

0  %

31.12.2017

ex 2914 39 00

50

4-Phenylbenzophenone (CAS RN 2128-93-0)

0  %

31.12.2018

ex 2914 39 00

60

4-Methylbenzophenone (CAS RN 134-84-9)

0  %

31.12.2018

ex 2914 39 00

70

Benzil (CAS RN 134-81-6)

0  %

31.12.2017

ex 2914 39 00

80

4′-Methylacetophenone (CAS RN 122-00-9)

0  %

31.12.2017

ex 2914 50 00

20

3′-Hydroxyacetophenone (CAS RN 121-71-1)

0  %

31.12.2015

ex 2914 50 00

25

4′-Methoxyacetophenone (CAS RN 100-06-1)

0  %

31.12.2018

ex 2914 50 00

30

2′-Hydroxyacetophenone (CAS RN 118-93-4)

0  %

31.12.2018

ex 2914 50 00

36

2,7-Dihydroxy-9-fluorenone (CAS RN 42523-29-5)

0  %

31.12.2018

ex 2914 50 00

40

4-(4-Hydroxyphenyl)butan-2-one (CAS RN 5471-51-2)

0  %

31.12.2016

ex 2914 50 00

45

3,4-Dihydroxybenzophenone (CAS RN 10425-11-3)

0  %

31.12.2017

ex 2914 50 00

60

2,2-Dimethoxy-2-phenylacetophenone (CAS RN 24650-42-8)

0  %

31.12.2017

ex 2914 50 00

70

16α,17α-Epoxy-3β-hydroxypregn-5-en-20-one (CAS RN 974-23-2)

0  %

31.12.2017

ex 2914 50 00

80

2′,6′-Dihydroxyacetophenone (CAS RN 699-83-2)

0  %

31.12.2018

ex 2914 69 90

10

2-Ethylanthraquinone (CAS RN 84-51-5)

0  %

31.12.2018

ex 2914 69 90

20

2-Pentylanthraquinone (CAS RN 13936-21-5)

0  %

31.12.2014

ex 2914 69 90

30

1,4-Dihydroxyanthraquinone (CAS RN 81-64-1)

0  %

31.12.2018

ex 2914 69 90

40

p-Benzoquinone (CAS RN 106-51-4)

0  %

31.12.2016

ex 2914 70 00

20

2,4′-Difluorobenzophenone (CAS RN 342-25-6)

0  %

31.12.2017

ex 2914 70 00

40

Perfluoro(2-methylpentan-3-one) (CAS RN 756-13-8)

0  %

31.12.2018

ex 2914 70 00

50

3′-Chloropropiophenone (CAS RN 34841-35-5)

0  %

31.12.2018

ex 2914 70 00

60

4′-tert-Butyl-2′,6′-dimethyl-3′,5′-dinitroacetophenone (CAS RN 81-14-1)

0  %

31.12.2015

ex 2914 70 00

70

4-Chloro-4′-hydroxybenzophenone (CAS RN 42019-78-3)

0  %

31.12.2016

ex 2915 29 00

10

Antimony triacetate (CAS RN 6923-52-0)

0  %

31.12.2018

ex 2915 39 00

20

Isopentyl acetate (CAS RN 123-92-2)

0  %

31.12.2017

ex 2915 39 00

40

tert-Butyl acetate (CAS RN 540-88-5)

0  %

31.12.2018

ex 2915 39 00

50

3-Acetylphenyl acetate (CAS RN 2454-35-5)

0  %

31.12.2014

ex 2915 39 00

60

Dodec-8-enyl acetate (CAS RN 28079-04-1)

0  %

31.12.2015

ex 2915 39 00

65

Dodeca-7,9-dienyl acetate (CAS RN 54364-62-4)

0  %

31.12.2015

ex 2915 39 00

70

Dodec-9-enyl acetate (CAS RN 16974-11-1)

0  %

31.12.2015

ex 2915 39 00

75

Isobornyl acetate (CAS RN 125-12-2)

0  %

31.12.2016

ex 2915 39 00

80

1-Phenylethyl acetate (CAS RN 93-92-5)

0  %

31.12.2016

ex 2915 39 00

85

2-tert-Butylcyclohexyl acetate (CAS RN 88-41-5)

0  %

31.12.2018

ex 2915 60 19

10

Ethyl butyrate (CAS RN 105-54-4)

0  %

31.12.2017

ex 2915 90 70

30

3,3-Dimethylbutyryl chloride (CAS RN 7065-46-5)

0  %

31.12.2017

ex 2915 90 70

40

Nonanoic acid (pelargonic acid) (CAS RN 112-05-0)

0  %

31.12.2018

ex 2915 90 70

50

Allyl heptanoate (CAS RN 142-19-8)

0  %

31.12.2014

ex 2915 90 70

55

Triethyl orthoformate (CAS RN 122-51-0)

0  %

31.12.2018

ex 2915 90 70

60

Ethyl-6,8-dichlorooctanoate (CAS RN 1070-64-0)

0  %

31.12.2015

ex 2915 90 70

70

Cobalt borate neodecanoate complexes, with a purity by weight of 92 % or more (CAS RN 68457-13-6)

0  %

31.12.2016

ex 2915 90 70

75

2,2-Dimethylbutyryl chloride (CAS RN 5856-77-9)

0  %

31.12.2017

ex 2915 90 70

80

Ethyl difluoroacetate (CAS RN 454-31-9)

0  %

31.12.2016

ex 2916 12 00

10

2-tert-Butyl-6-(3-tert-butyl-2-hydroxy-5-methylbenzyl)-4-methylphenyl acrylate (CAS RN 61167-58-6)

0  %

31.12.2018

ex 2916 12 00

40

2,4-Di-tert-pentyl-6-[1-(3,5-di-tert-pentyl-2-hydroxyphenyl)ethyl]phenylacrylate (CAS RN 123968-25-2)

0  %

31.12.2018

ex 2916 12 00

70

2-(2-Vinyloxyethoxy)ethyl acrylate (CAS RN 86273-46-3)

0  %

31.12.2017

ex 2916 13 00

10

Hydroxyzinc methacrylate powder (CAS RN 63451-47-8)

0  %

31.12.2014

ex 2916 13 00

20

Zinc dimethacrylate, in the form of powder (CAS RN 13189-00-9)

0  %

31.12.2018

ex 2916 14 00

10

2,3-Epoxypropyl methacrylate (CAS RN 106-91-2)

0  %

31.12.2018

ex 2916 19 95

20

Methyl 3,3-dimethylpent-4-enoate (CAS RN 63721-05-1)

0  %

31.12.2018

ex 2916 19 95

40

Sorbic acid for use in the manufacture of animal feeds (CAS RN 110-44-1) (1)

0  %

31.12.2018

ex 2916 20 00

50

Ethyl 2,2-dimethyl-3-(2-methylpropenyl)cyclopropanecarboxylate (CAS RN 97-41-6)

0  %

31.12.2018

ex 2916 20 00

60

3-Cyclohexylpropionic acid (CAS RN 701-97-3)

0  %

31.12.2015

ex 2916 31 00

10

Benzyl benzoate (CAS RN 120-51-4)

0  %

31.12.2016

ex 2916 39 90

10

2,3,4,5-Tetrafluorobenzoic acid (CAS RN 1201-31-6)

0  %

31.12.2016

ex 2916 39 90

15

2-Chloro-5-nitrobenzoic acid (CAS RN 2516-96-3)

0  %

31.12.2016

ex 2916 39 90

20

3,5-Dichlorobenzoyl chloride (CAS RN 2905-62-6)

3,6  %

31.12.2018

ex 2916 39 90

25

2-Methyl-3-(4-Fluorophenyl)-propionyl chloride (CAS RN 1017183-70-8)

0  %

31.12.2015

ex 2916 39 90

30

2,4,6-Trimethylbenzoyl chloride (CAS RN 938-18-1)

0  %

31.12.2015

ex 2916 39 90

35

Methyl 4-tert-butylbenzoate (CAS RN 26537-19-9)

0  %

31.12.2018

ex 2916 39 90

38

6-Bromonaphthalene-2-carboxylic acid (CAS RN 5773-80-8)

0  %

31.12.2018

ex 2916 39 90

45

2-Chlorobenzoic acid (CAS RN 118-91-2)

0  %

31.12.2016

ex 2916 39 90

50

3,5-Dimethylbenzoyl chloride (CAS RN 6613-44-1)

0  %

31.12.2018

ex 2916 39 90

55

4-tert-Butylbenzoic acid (CAS RN 98-73-7)

0  %

31.12.2017

ex 2916 39 90

60

4-Ethylbenzoyl chloride (CAS RN 16331-45-6)

0  %

31.12.2018

ex 2916 39 90

70

Ibuprofen (INN) (CAS RN 15687-27-1)

0  %

31.12.2018

ex 2916 39 90

75

m-Toluic acid (CAS RN 99-04-7)

0  %

31.12.2017

ex 2916 39 90

85

(2,4,5-Trifluorophenyl)acetic acid (CAS RN 209995-38-0)

0  %

31.12.2017

ex 2917 11 00

20

Bis(p-methylbenzyl) oxalate (CAS RN 18241-31-1)

0  %

31.12.2018

ex 2917 11 00

30

Cobalt oxalate (CAS RN 814-89-1)

0  %

31.12.2014

ex 2917 19 10

10

Dimethyl malonate (CAS RN 108-59-8)

0  %

31.12.2014

ex 2917 19 10

20

Diethyl malonate (CAS RN 105-53-3)

0  %

31.12.2017

ex 2917 19 90

20

Sodium 1,2-bis(cyclohexyloxycarbonyl)ethanesulphonate (CAS RN 23386-52-9)

0  %

31.12.2018

ex 2917 19 90

30

Ethylene brassylate (CAS RN 105-95-3)

0  %

31.12.2014

ex 2917 19 90

50

Tetradecanedioic acid (CAS RN 821-38-5)

0  %

31.12.2015

ex 2917 19 90

70

Itaconic acid (CAS RN 97-65-4)

0  %

31.12.2018

ex 2917 20 00

30

1,4,5,6,7,7-Hexachloro-8,9,10-trinorborn-5-ene-2,3-dicarboxylic anhydride (CAS RN 115-27-5)

0  %

31.12.2018

ex 2917 20 00

40

3-Methyl-1,2,3,6-tetrahydrophthalic anhydride (CAS RN 5333-84-6)

0  %

31.12.2018

ex 2917 34 00

10

Diallyl phthalate (CAS RN 131-17-9)

0  %

31.12.2018

ex 2917 39 95

20

Dibutyl-1,4-benzenedicarboxylate (CAS RN 1962-75-0)

0  %

31.12.2015

ex 2917 39 95

30

Benzene-1,2:4,5-tetracarboxylic dianhydride (CAS RN 89-32-7)

0  %

31.12.2015

ex 2918 16 00

20

Calcium digluconate monohydrate (CAS RN 66905-23-5) for use in the manufacture of calcium gluconate lactate (CAS RN 11116-97-5) (1)

0  %

31.12.2018

ex 2918 19 98

20

L-Malic acid (CAS RN 97-67-6)

0  %

31.12.2018

ex 2918 29 00

10

Monohydroxynaphthoic acids

0  %

31.12.2018

ex 2918 29 00

35

Propyl 3,4,5-trihydroxybenzoate (CAS RN 121-79-9)

0  %

31.12.2017

ex 2918 29 00

50

Hexamethylene bis[3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate] (CAS RN 35074-77-2)

0  %

31.12.2018

ex 2918 29 00

60

Methyl-, ethyl-, propyl- or butyl esters of 4-hydroxybenzoic acid or their sodium salts (CAS RN 35285-68-8, 99-76-3, 5026-62-0, 94-26-8, 94-13-3, 35285-69-9, 120-47-8, 36457-20-2 or 4247-02-3)

0  %

31.12.2016

ex 2918 30 00

30

Methyl-2-benzoylbenzoate (CAS RN 606-28-0)

0  %

31.12.2018

ex 2918 30 00

50

Ethyl acetoacetate (CAS RN 141-97-9)

0  %

31.12.2017

ex 2918 99 90

10

3,4-Epoxycyclohexylmethyl 3,4-epoxycyclohexanecarboxylate (CAS RN 2386-87-0)

0  %

31.12.2018

ex 2918 99 90

15

Ethyl 2,3-epoxy-3-phenylbutyrate (CAS RN 77-83-8)

0  %

31.12.2017

ex 2918 99 90

20

Methyl 3-methoxyacrylate (CAS RN 5788-17-0)

0  %

31.12.2014

ex 2918 99 90

30

Methyl 2-(4-hydroxyphenoxy)propionate (CAS RN 96562-58-2)

0  %

31.12.2018

ex 2918 99 90

40

trans-4-Hydroxy-3-methoxycinnamic acid (CAS RN 1135-24-6)

0  %

31.12.2018

ex 2918 99 90

50

Methyl 3,4,5-trimethoxybenzoate (CAS RN 1916-07-0)

0  %

31.12.2018

ex 2918 99 90

60

3,4,5-Trimethoxybenzoic acid (CAS RN 118-41-2)

0  %

31.12.2018

ex 2918 99 90

70

Allyl-(3-methylbutoxy)acetate (CAS RN 67634-00-8)

0  %

31.12.2014

ex 2918 99 90

80

Sodium 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate (CAS RN 62476-59-9)

0  %

31.12.2016

ex 2919 90 00

10

2,2′-Methylenebis(4,6-di-tert-butylphenyl) phosphate, monosodium salt (CAS RN 85209-91-2)

0  %

31.12.2018

ex 2919 90 00

30

Aluminium hydroxybis[2,2′-methylenebis(4,6-di-tert-butylphenyl)phosphate] (CAS RN 151841-65-5)

0  %

31.12.2018

ex 2919 90 00

40

Tri-n-hexylphosphate (CAS RN 2528-39-4)

0  %

31.12.2018

ex 2919 90 00

50

Triethyl phosphate (CAS RN 78-40-0)

0  %

31.12.2016

ex 2920 19 00

10

Fenitrothion (ISO) (CAS RN 122-14-5)

0  %

31.12.2018

ex 2920 19 00

20

Tolclofos-methyl (ISO) (CAS RN 57018-04-9)

0  %

31.12.2018

ex 2920 90 10

10

Diethyl sulphate (CAS RN 64-67-5)

0  %

31.12.2018

ex 2920 90 10

20

Diallyl 2,2′-oxydiethyl dicarbonate (CAS RN 142-22-3)

0  %

31.12.2018

ex 2920 90 10

40

Dimethyl carbonate (CAS RN 616-38-6)

0  %

31.12.2018

ex 2920 90 10

50

Di-tert-butyl dicarbonate (CAS RN 24424-99-5)

0  %

31.12.2018

ex 2920 90 10

60

2,4-Di-tert-butyl-5-nitrophenyl methyl carbonate (CAS RN 873055-55-1)

0  %

31.12.2017

2920 90 30

Trimethyl phosphite (CAS RN 121-45-9)

0  %

31.12.2018

2920 90 40

Triethyl phosphite (CAS RN 122-52-1)

0  %

31.12.2016

ex 2920 90 85

10

O,O′-Dioctadecyl pentaerythritol bis(phosphite) (CAS RN 3806-34-6)

0  %

31.12.2018

ex 2920 90 85

20

Tris(methylphenyl)phosphite (CAS RN 25586-42-9)

0  %

31.12.2015

ex 2920 90 85

30

2,2′-[[3,3′,5,5′-Tetrakis(1,1-dimethylethyl)[1,1′-biphenyl]-2,2′-diyl]bis(oxy)]bis[biphenyl-1,3,2-dioxaphosphepine], (CAS RN 138776-88-2)

0  %

31.12.2015

ex 2920 90 85

40

Bis(2,4-dicumylphenyl)pentaerythritol diphosphite (CAS RN 154862-43-8)

0  %

31.12.2015

ex 2920 90 85

50

Fosetyl-aluminium (CAS RN 39148-24-8)

0  %

31.12.2018

ex 2920 90 85

60

Bis(neopentylglycolato)diboron (CAS RN 201733-56-4)

0  %

31.12.2018

ex 2921 19 50

ex 2929 90 00

10

20

Diethylamino-triethoxysilane (CAS RN 35077-00-0)

0  %

31.12.2014

ex 2921 19 60

10

2-(N,N-Diethylamino)ethyl chloride hydrochloride (CAS RN 869-24-9)

0  %

31.12.2017

ex 2921 19 99

20

Ethyl(2-methylallyl)amine (CAS RN 18328-90-0)

0  %

31.12.2018

ex 2921 19 99

30

Allylamine (CAS RN 107-11-9)

0  %

31.12.2018

ex 2921 19 99

60

Tetrakis(ethylmethylamino) zirconium (IV), (CAS RN 175923-04-3)

0  %

31.12.2018

ex 2921 19 99

70

N,N-Dimethyloctylamine – boron trichloride (1:1) (CAS RN 34762-90-8)

0  %

31.12.2017

ex 2921 29 00

20

Tris[3-(dimethylamino)propyl]amine (CAS RN 33329-35-0)

0  %

31.12.2018

ex 2921 29 00

30

Bis[3-(dimethylamino)propyl]methylamine (CAS RN 3855-32-1)

0  %

31.12.2018

ex 2921 29 00

40

Decamethylenediamine (CAS RN 646-25-3)

0  %

31.12.2015

ex 2921 29 00

50

N′-[3-(Dimethylamino)propyl]-N,N-dimethylpropane-1,3-diamine, (CAS RN 6711-48-4)

0  %

31.12.2016

ex 2921 30 99

30

1,3-Cyclohexanedimethanamine (CAS RN 2579-20-6)

0  %

31.12.2015

ex 2921 30 99

40

Cyclopropylamin (CAS RN 765-30-0)

0  %

31.12.2017

ex 2921 42 00

15

4-Amino-3-nitrobenzenesulphonic acid (CAS RN 616-84-2)

0  %

31.12.2018

ex 2921 42 00

20

3-Chloroaniline (CAS RN 108-42-9)

0  %

31.12.2018

ex 2921 42 00

25

Sodium hydrogen 2-aminobenzene-1,4-disulphonate (CAS RN 24605-36-5)

0  %

31.12.2018

ex 2921 42 00

35

2-Nitroaniline (CAS RN 88-74-4)

0  %

31.12.2018

ex 2921 42 00

45

2,4,5-Trichloroaniline (CAS RN 636-30-6)

0  %

31.12.2018

ex 2921 42 00

50

3-Aminobenzenesulfonic acid (CAS RN 121-47-1)

0  %

31.12.2018

ex 2921 42 00

70

2-Aminobenzene-1,4-disulfonic acid (CAS RN 98-44-2)

0  %

31.12.2014

ex 2921 42 00

80

4-Chloro-2-nitroaniline (CAS RN 89-63-4)

0  %

31.12.2018

ex 2921 42 00

82

2-Chloro-4-nitroaniline (CAS RN 121-87-9)

0  %

31.12.2015

ex 2921 42 00

85

3,5-Dichloroaniline (CAS RN 626-43-7)

0  %

31.12.2018

ex 2921 42 00

86

2,5-Dichloroaniline of a purity by weight of 99,5 % or more (CAS RN 95-82-9)

0  %

31.12.2017

ex 2921 42 00

87

N-Methylaniline (CAS RN 100-61-8)

0  %

31.12.2017

ex 2921 42 00

88

3,4-Dichloroaniline-6-sulphonic acid (CAS RN 6331-96-0)

0  %

31.12.2017

ex 2921 43 00

20

4-Amino-6-chlorotoluene-3-sulphonic acid (CAS RN 88-51-7)

0  %

31.12.2018

ex 2921 43 00

30

3-Nitro-p-toluidine (CAS RN 119-32-4)

0  %

31.12.2018

ex 2921 43 00

40

4-Aminotoluene-3-sulphonic acid (CAS RN 88-44-8)

0  %

31.12.2018

ex 2921 43 00

50

4-Aminobenzotrifluoride (CAS RN 455-14-1)

0  %

31.12.2015

ex 2921 43 00

60

3-Aminobenzotrifluoride (CAS RN 98-16-8)

0  %

31.12.2015

ex 2921 43 00

70

N-Ethyl-m-toluidine (CAS RN 102-27-2)

0  %

31.12.2016

ex 2921 43 00

80

6-Chloro-α,α,α-trifluoro-m-toluidine (CAS RN 121-50-6)

0  %

31.12.2017

ex 2921 44 00

20

Diphenylamine (CAS RN 122-39-4)

0  %

31.12.2018

ex 2921 45 00

10

Sodium hydrogen 3-aminonaphthalene-1,5-disulphonate (CAS RN 4681-22-5)

0  %

31.12.2014

ex 2921 45 00

20

2-Aminonaphthalene-1,5-disulphonic acid (CAS RN 117-62-4) or one of its sodium salts (CAS RN 19532-03-7) or (CAS RN 62203-79-6)

0  %

31.12.2018

ex 2921 45 00

40

1-Naphthylamine (CAS RN 134-32-7)

0  %

31.12.2014

ex 2921 45 00

50

7-Aminonaphthalene-1,3,6-trisulphonic acid (CAS RN 118-03-6)

0  %

31.12.2018

ex 2921 49 00

20

Pendimethalin (ISO) (CAS RN 40487-42-1)

3,5  %

31.12.2018

ex 2921 49 00

40

N-1-Naphthylaniline (CAS RN 90-30-2)

0  %

31.12.2018

ex 2921 49 00

60

N-Benzyl-N-ethylaniline (CAS RN 92-59-1)

0  %

31.12.2014

ex 2921 49 00

70

2-Chlorobenzylamine (CAS RN 89-97-4)

0  %

31.12.2015

ex 2921 49 00

80

4-Heptafluoroisopropyl-2-methylaniline (CAS RN 238098-26-5)

0  %

31.12.2015

ex 2921 49 00

85

4-Isopropylaniline (CAS RN 99-88-7)

0  %

31.12.2017

ex 2921 51 19

20

Toluene diamine (TDA), containing by weight 78 % or more but not more than 82 % of 4-methyl-m-phenylenediamine and 18 % or more but not more than 22 % of 2-methyl-m-phenylenediamine, and with a residual tar content of not more than 0,23 % by weight

0  %

31.12.2018

ex 2921 51 19

30

2-Methyl-p-phenylenediamine sulphate (CAS RN 615-50-9)

0  %

31.12.2018

ex 2921 51 19

40

p-Phenylenediamine (CAS RN 106-50-3)

0  %

31.12.2016

ex 2921 51 19

50

Mono- and dichloroderivatives of p-phenylenediamine and p-diaminotoluene

0  %

31.12.2014

ex 2921 51 19

60

2,4-Diaminobenzenesulphonic acid (CAS RN 88-63-1)

0  %

31.12.2018

ex 2921 59 90

10

Mixture of isomers of 3,5-diethyltoluenediamine

0  %

31.12.2018

ex 2921 59 90

30

3,3′-Dichlorobenzidine dihydrochloride (CAS RN 612-83-9)

0  %

31.12.2017

ex 2921 59 90

40

4,4′-Diaminostilbene-2,2′-disulphonic acid (CAS RN 81-11-8)

0  %

31.12.2018

ex 2921 59 90

50

N-Ethyl-N′,N′-dimethyl-N-phenyl-ethylene-1,2-diamine (CAS RN 27692-91-7)

0  %

31.12.2014

ex 2921 59 90

60

(2R,5R)-1,6-Diphenylhexane-2,5-diamine dihydrochloride (CAS RN 1247119-31-8)

0  %

31.12.2017

ex 2922 19 85

20

2-(2-Methoxyphenoxy)ethylamine hydrochloride (CAS RN 64464-07-9)

0  %

31.12.2017

ex 2922 19 85

25

Titanium bis(triethanolamine)diisopropoxide (CAS RN 36673-16-2)

0  %

31.12.2017

ex 2922 19 85

30

N,N,N′,N′-Tetramethyl-2,2′-oxybis(ethylamine) (CAS RN 3033-62-3)

0  %

31.12.2018

ex 2922 19 85

40

2-(Dimethylamino)ethyl benzoate (CAS RN 2208-05-1)

0  %

31.12.2014

ex 2922 19 85

45

2-[2-Hydroxyethyl(octadecyl)amino]ethanol (CAS RN 10213-78-2)

0  %

31.12.2016

ex 2922 19 85

50

2-(2-Methoxyphenoxy)ethylamine (CAS RN 1836-62-0)

0  %

31.12.2018

ex 2922 19 85

60

N,N,N′-trimethyl-N′-(2-hydroxy-ethyl) 2,2′-oxybis(ethylamine), (CAS RN 83016-70-0)

0  %

31.12.2018

ex 2922 19 85

65

trans-4-Aminocyclohexanol (CAS RN 27489-62-9)

0  %

31.12.2018

ex 2922 19 85

70

D-(-)-threo-2-amino-1-(p-nitrophenyl)propane-1,3-diol (CAS RN 716-61-0)

0  %

31.12.2016

ex 2922 19 85

75

2-Ethoxyethylamine (CAS RN 110-76-9)

0  %

31.12.2018

ex 2922 19 85

80

N-[2-[2-(Dimethylamino)ethoxy]ethyl]-N-methyl-1,3-propanediamine, (CAS RN 189253-72-3)

0  %

31.12.2014

ex 2922 19 85

85

(1S,4R)-cis-4-Amino-2-cyclopentene-1-methanol-D-tartrate (CAS RN 229177-52-0)

0  %

31.12.2018

ex 2922 21 00

10

2-Amino-5-hydroxynaphthalene-1,7-disulphonic acid (CAS RN 6535-70-2)

0  %

31.12.2018

ex 2922 21 00

30

6-Amino-4-hydroxynaphthalene-2-sulphonic acid (CAS RN 90-51-7)

0  %

31.12.2014

ex 2922 21 00

40

7-Amino-4-hydroxynaphthalene-2-sulphonic acid (CAS RN 87-02-5)

0  %

31.12.2018

ex 2922 21 00

50

Sodium hydrogen 4-amino-5-hydroxynaphthalene-2,7-disulphonate, (CAS RN 5460-09-3)

0  %

31.12.2014

ex 2922 21 00

60

4-Amino-5-hydroxynaphthalene-2,7-disulphonic acid with a purity by weight of 80 % or more (CAS RN 90-20-0)

0  %

31.12.2018

ex 2922 29 00

20

3-Aminophenol (CAS RN 591-27-5)

0  %

31.12.2018

ex 2922 29 00

25

5-Amino-o-cresol (CAS RN 2835-95-2)

0  %

31.12.2018

ex 2922 29 00

45

Anisidines

0  %

31.12.2018

ex 2922 29 00

55

3-Amino-4-hydroxybenzenesulphonic acid (CAS RN 98-37-3)

0  %

31.12.2014

ex 2922 29 00

65

4-Trifluoromethoxyaniline (CAS RN 461-82-5)

0  %

31.12.2014

ex 2922 29 00

70

4-Nitro-o-anisidine (CAS RN 97-52-9)

0  %

31.12.2018

ex 2922 29 00

75

4-(2-Aminoethyl)phenol (CAS RN 51-67-2)

0  %

31.12.2015

ex 2922 29 00

80

3-Diethylaminophenol (CAS RN 91-68-9)

0  %

31.12.2018

ex 2922 29 00

85

4-Benzyloxyaniline hydrochloride (CAS RN 51388-20-6)

0  %

31.12.2018

ex 2922 39 00

10

1-Amino-4-bromo-9,10-dioxoanthracene-2-sulphonic acid and its salts

0  %

31.12.2018

ex 2922 39 00

20

2-Amino-5-chlorobenzophenone (CAS RN 719-59-5)

0  %

31.12.2015

ex 2922 39 00

70

p-[(2-Chloroethyl)ethylamino]benzaldehyde (CAS RN 2643-07-4)

0  %

31.12.2016

ex 2922 43 00

10

Anthranilic acid (CAS RN 118-92-3)

0  %

31.12.2018

ex 2922 49 85

10

Ornithine aspartate (INNM) (CAS RN 3230-94-2)

0  %

31.12.2018

ex 2922 49 85

15

DL-Aspartic acid used for the manufacture of food-integrators, (CAS RN 617-45-8) (1)

0  %

31.12.2014

ex 2922 49 85

20

3-Amino-4-chlorobenzoic acid (CAS RN 2840-28-0)

0  %

31.12.2017

ex 2922 49 85

40

Norvaline

0  %

31.12.2018

ex 2922 49 85

45

Glycine (CAS RN 56-40-6)

0  %

31.12.2015

ex 2922 49 85

50

D-(-)-Dihydrophenylglycine (CAS RN 26774-88-9)

0  %

31.12.2014

ex 2922 49 85

60

Ethyl-4-dimethylaminobenzoate (CAS RN 10287-53-3)

0  %

31.12.2017

ex 2922 49 85

70

2-Ethylhexyl-4-dimethylaminobenzoate (CAS RN 21245-02-3)

0  %

31.12.2018

ex 2922 50 00

20

1-[2-Amino-1-(4-methoxyphenyl)-ethyl]-cyclohexanol hydrochloride, (CAS RN 130198-05-9)

0  %

31.12.2014

ex 2922 50 00

70

2-(1-Hydroxycyclohexyl)-2-(4-methoxyphenyl)ethylammonium acetate

0  %

31.12.2018

ex 2923 90 00

10

Tetramethylammonium hydroxide, in the form of an aqueous solution containing 25 % (± 0,5 %) by weight of tetramethylammonium hydroxide

0  %

31.12.2018

ex 2923 90 00

25

Tetrakis(dimethylditetradecylammonium) molybdate, (CAS RN 117342-25-3)

0  %

31.12.2018

ex 2923 90 00

45

Tetrabutylammonium hydroxide in the form of an aqueous solution containing 55 % (± 1 %) by weight of tetrabutylammonium hydroxide, (CAS RN 2052-49-5)

0  %

31.12.2014

ex 2923 90 00

70

Tetrapropylammonium hydroxide, in the form of an aqueous solution containing:

| — | 40 % (± 2 %) by weight of tetrapropylammonium hydroxide, |
| --- | --- |

—

40 % (± 2 %) by weight of tetrapropylammonium hydroxide,

| — | 0,3 % by weight or less of carbonate, |
| --- | --- |

—

0,3 % by weight or less of carbonate,

| — | 0,1 % by weight or less of tripropylamine, |
| --- | --- |

—

0,1 % by weight or less of tripropylamine,

| — | 500 mg/kg or less of bromide and |
| --- | --- |

—

500 mg/kg or less of bromide and

| — | 25 mg/kg or less of potassium and sodium taken together |
| --- | --- |

—

25 mg/kg or less of potassium and sodium taken together

0  %

31.12.2018

ex 2923 90 00

75

Tetraethylammonium hydroxide, in the form of an aqueous solution containing:

| — | 35 % (± 0,5 %) by weight of tetraethylammonium hydroxide, |
| --- | --- |

—

35 % (± 0,5 %) by weight of tetraethylammonium hydroxide,

| — | not more than 1 000  mg/kg of chloride, |
| --- | --- |

—

not more than 1 000  mg/kg of chloride,

| — | not more than 2 mg/kg of iron and |
| --- | --- |

—

not more than 2 mg/kg of iron and

| — | not more than 10 mg/kg of potassium |
| --- | --- |

—

not more than 10 mg/kg of potassium

0  %

31.12.2015

ex 2923 90 00

80

Diallyldimethylammonium chloride, in the form of an aqueous solution containing by weight 63 % or more but not more than 67 % of diallyldimethylammonium chloride, (CAS RN 7398-69-8)

0  %

31.12.2018

ex 2924 19 00

10

2-Acrylamido-2-methylpropanesulphonic acid (CAS RN 15214-89-8) or its sodium salt (CAS RN 5165-97-9), or its ammonium salt (CAS RN 58374-69-9)

0  %

31.12.2018

ex 2924 19 00

30

Methyl 2-acetamido-3-chloropropionate (CAS RN 87333-22-0)

0  %

31.12.2018

ex 2924 19 00

40

N-(1,1-Dimethyl-3-oxobutyl)acrylamide (CAS RN 2873-97-4)

0  %

31.12.2018

ex 2924 19 00

50

Acrylamide (CAS RN 79-06-1)

0  %

31.12.2018

ex 2924 19 00

60

N,N-Dimethylacrylamide (CAS RN 2680-03-7)

0  %

31.12.2016

ex 2924 19 00

70

Methylcarbamate (CAS RN 598-55-0)

0  %

31.12.2018

ex 2924 19 00

80

Tetrabutylurea (CAS RN 4559-86-8)

0  %

31.12.2017

ex 2924 21 00

10

4,4′-Dihydroxy-7,7′-ureylenedi(naphthalene-2-sulfonic acid) and its sodium salts

0  %

31.12.2018

ex 2924 21 00

20

(3-Aminophenyl)urea hydrochloride (CAS RN 59690-88-9)

0  %

31.12.2018

ex 2924 29 98

10

Alachlor (ISO), (CAS RN 15972-60-8)

0  %

31.12.2018

ex 2924 29 98

12

4-(Acetylamino)-2-aminobenzenesulphonic acid (CAS RN 88-64-2)

0  %

31.12.2018

ex 2924 29 98

15

Acetochlor (ISO), (CAS RN 34256-82-1)

0  %

31.12.2018

ex 2924 29 98

20

2-Chloro-N-(2-ethyl-6-methylphenyl)-N-(propan-2-yloxymethyl)acetamide, (CAS RN 86763-47-5)

0  %

31.12.2014

ex 2924 29 98

27

2-Bromo-4-fluoroacetanilide (CAS RN 1009-22-9)

0  %

31.12.2016

ex 2924 29 98

40

N,N′-1,4-Phenylenebis[3-oxobutyramide], (CAS RN 24731-73-5)

0  %

31.12.2015

ex 2924 29 98

45

Propoxur (ISO) (CAS RN 114-26-1)

0  %

31.12.2015

ex 2924 29 98

50

N,N′-(2,5-Dichloro-1,4-phenylene)bis[3-oxobutyramide], (CAS RN 42487-09-2)

0  %

31.12.2015

ex 2924 29 98

51

Methyl 2-amino-4-[[(2,5-dichlorophenyl)amino]carbonyl]benzoate (CAS RN 59673-82-4)

0  %

31.12.2017

ex 2924 29 98

53

4-Amino-N-[4-(aminocarbonyl)phenyl]benzamide (CAS RN 74441-06-8)

0  %

31.12.2017

ex 2924 29 98

55

N,N′-(2,5-Dimethyl-1,4-phenylene)bis[3-oxobutyramide], (CAS RN 24304-50-5)

0  %

31.12.2015

ex 2924 29 98

60

N,N′-(2-Chloro-5-methyl-1,4-phenylene)bis[3-oxobutyramide], (CAS RN 41131-65-1)

0  %

31.12.2015

ex 2924 29 98

63

N-Ethyl-2-(isopropyl)-5-methylcyclohexanecarboxamide (CAS RN 39711-79-0)

0  %

31.12.2016

ex 2924 29 98

65

2-(4-Hydroxyphenyl)acetamide (CAS RN 17194-82-0)

0  %

31.12.2018

ex 2924 29 98

75

3-Amino-p-anisanilide (CAS RN 120-35-4)

0  %

31.12.2018

ex 2924 29 98

80

5′-Chloro-3-hydroxy-2′,4′-dimethoxy-2-naphthanilide (CAS RN 92-72-8)

0  %

31.12.2018

ex 2924 29 98

85

p-Aminobenzamide (CAS RN 2835-68-9)

0  %

31.12.2018

ex 2924 29 98

86

Anthranilamide of a purity by weight of 99,5 % or more (CAS RN 88-68-6)

0  %

31.12.2017

ex 2924 29 98

87

Paracetamol (INN) (CAS RN 103-90-2)

0  %

31.12.2018

ex 2924 29 98

88

5′-Chloro-3-hydroxy-2′-methyl-2-naphthanilide (CAS RN 135-63-7)

0  %

31.12.2018

ex 2924 29 98

89

Flutolanil (ISO) (CAS RN 66332-96-5)

0  %

31.12.2018

ex 2924 29 98

91

3-Hydroxy-2′-methoxy-2-naphthanilide (CAS RN 135-62-6)

0  %

31.12.2018

ex 2924 29 98

92

3-Hydroxy-2-naphthanilide (CAS RN 92-77-3)

0  %

31.12.2014

ex 2924 29 98

93

3-Hydroxy-2′-methyl-2-naphthanilide (CAS RN 135-61-5)

0  %

31.12.2018

ex 2924 29 98

94

2′-Ethoxy-3-hydroxy-2-naphthanilide (CAS RN 92-74-0)

0  %

31.12.2018

ex 2924 29 98

97

1,1-Cyclohexanediacetic acid monoamide (CAS RN 99189-60-3)

0  %

31.12.2018

ex 2925 11 00

20

Saccharin and its sodium salt

0  %

31.12.2018

ex 2925 19 95

10

N-Phenylmaleimide (CAS RN 941-69-5)

0  %

31.12.2018

ex 2925 19 95

20

4,5,6,7-Tetrahydroisoindole-1,3-dione (CAS RN 4720-86-9)

0  %

31.12.2017

ex 2925 19 95

30

N,N′-(m-Phenylene)dimaleimide (CAS RN 3006-93-7)

0  %

31.12.2017

ex 2925 29 00

10

Dicyclohexylcarbodiimide (CAS RN 538-75-0)

0  %

31.12.2018

ex 2925 29 00

20

N-[3-(Dimethylamino)propyl]-N′-ethylcarbodiimide hydrochloride (CAS RN 25952-53-8)

0  %

01.01.2018

ex 2926 90 95

13

alpha-Bromo-o-toluonitrile (CAS RN 22115-41-9)

0  %

31.12.2018

ex 2926 90 95

20

2-(m-Benzoylphenyl)propiononitrile (CAS RN 42872-30-0)

0  %

31.12.2014

ex 2926 90 95

25

2,2-Dibromo-3-nitrilopropionamide (CAS RN 10222-01-2)

0  %

31.12.2016

ex 2926 90 95

30

2-Amino-3-(3,4-dimethoxyphenyl)-2-methylpropanenitrile hydrochloride, (CAS RN 2544-13-0)

0  %

31.12.2015

ex 2926 90 95

50

Alkyl or alkoxyalkyl esters of cyanoacetic acid

0  %

31.12.2018

ex 2926 90 95

55

Methyl-2-cyano-2-phenylbutyrate (CAS RN 24131-07-5)

0  %

31.12.2016

ex 2926 90 95

60

Cyanoacetic acid in crystalline form (CAS RN 372-09-8)

0  %

31.12.2014

ex 2926 90 95

61

m-(1-Cyanoethyl)benzoic acid (CAS RN 5537-71-3)

0  %

31.12.2016

ex 2926 90 95

63

1-(Cyanoacetyl)-3-ethylurea (CAS RN 41078-06-2)

0  %

31.12.2014

ex 2926 90 95

64

Esfenvalerate of a purity by weight of 83 % or more in a mixture of its own isomers (CAS RN 66230-04-4)

0  %

31.12.2014

ex 2926 90 95

65

Malononitrile (CAS RN 109-77-3)

0  %

31.12.2018

ex 2926 90 95

70

Methacrylonitrile (CAS RN 126-98-7)

0  %

31.12.2014

ex 2926 90 95

74

Chlorothalonil (ISO) (CAS RN 1897-45-6)

0  %

31.12.2014

ex 2926 90 95

75

Ethyl 2-cyano-2-ethyl-3-methylhexanoate (CAS RN 100453-11-0)

0  %

31.12.2014

ex 2926 90 95

80

Ethyl 2-cyano-2-phenylbutyrate (CAS RN 718-71-8)

0  %

31.12.2018

ex 2926 90 95

86

Ethylenediaminetetraacetonitrile (CAS RN 5766-67-6)

0  %

31.12.2018

ex 2926 90 95

89

Butyronitrile (CAS RN 109-74-0)

0  %

31.12.2018

ex 2927 00 00

10

2,2′-Dimethyl-2,2′-azodipropionamidine dihydrochloride

0  %

31.12.2018

ex 2927 00 00

20

4-Anilino-2-methoxybenzenediazonium hydrogen sulphate (CAS RN 36305-05-2)

0  %

31.12.2018

ex 2927 00 00

30

4′-Aminoazobenzene-4-sulphonic acid (CAS RN 104-23-4)

0  %

31.12.2018

ex 2927 00 00

70

Tetrasodium 3,3′-[azoxybis[(2-methoxy-4,1-phenylene)azo]]bis[4,5-dihydroxynaphthalene-2,7-disulphonate], (CAS RN 83968-64-3)

0  %

31.12.2014

ex 2927 00 00

80

4-[(2,5-Dichlorophenyl)azo]-3-hydroxy-2-naphthoic acid (CAS RN 51867-77-7)

0  %

31.12.2017

ex 2928 00 90

10

3,3′-Bis(3,5-di-tert-butyl-4-hydroxyphenyl)-N,N′-bipropionamide (CAS RN 32687-78-8)

0  %

31.12.2018

ex 2928 00 90

25

Acetaldehyde oxime in an aqueous solution (CAS RN 107-29-9)

0  %

31.12.2015

ex 2928 00 90

30

N-Isopropylhydroxylamine (CAS RN 5080-22-8)

0  %

31.12.2016

ex 2928 00 90

35

2-Chloro-N-methoxy-N-methylacetamide (CAS RN 67442-07-3)

0  %

31.12.2018

ex 2928 00 90

40

O-Ethylhydroxylamine, in the form of an aqueous solution (CAS RN 624-86-2)

0  %

31.12.2018

ex 2928 00 90

45

Tebufenozide (ISO) (CAS RN 112410-23-8)

0  %

31.12.2018

ex 2928 00 90

55

Aminoguanidinium hydrogen carbonate (CAS RN 2582-30-1)

0  %

31.12.2018

ex 2928 00 90

60

Adipohydrazide (CAS RN 1071-93-8)

0  %

31.12.2018

ex 2928 00 90

70

Butanone oxime (CAS RN 96-29-7)

0  %

31.12.2018

ex 2928 00 90

75

Metaflumizone (ISO) (CAS RN 139968-49-3)

0  %

31.12.2016

ex 2928 00 90

80

Cyflufenamid (ISO) (CAS RN 180409-60-3)

0  %

31.12.2018

ex 2928 00 90

85

Daminozide (ISO) with a purity by weight of 99 % or more (CAS RN 1596-84-5)

0  %

31.12.2016

ex 2929 10 00

10

Methylenedicyclohexyl diisocyanates (CAS RN 28605-81-4)

0  %

31.12.2018

ex 2929 10 00

15

3,3′-Dimethylbiphenyl-4,4′-diyl diisocyanate (CAS RN 91-97-4)

0  %

31.12.2014

ex 2929 10 00

20

Butyl isocyanate (CAS RN 111-36-4)

0  %

31.12.2017

ex 2929 10 00

40

m-Isopropenyl-α,α-dimethylbenzyl isocyanate (CAS RN 2094-99-7)

0  %

31.12.2018

ex 2929 10 00

50

m-Phenylenediisopropylidene diisocyanate (CAS RN 2778-42-9)

0  %

31.12.2018

ex 2929 10 00

55

2,5 (and 2,6)-Bis(isocyanatomethyl)bicyclo[2.2.1]heptane (CAS RN 74091-64-8)

0  %

31.12.2015

ex 2929 10 00

60

Trimethylhexamethylene diisocyanate, mixed isomers

0  %

31.12.2018

ex 2929 10 00

80

1,3-Bis(isocyanatomethyl)benzene (CAS RN 3634-83-1)

0  %

31.12.2016

ex 2930 20 00

10

Prosulfocarb (ISO) (CAS RN 52888-80-9)

0  %

31.12.2017

ex 2930 20 00

20

2-Isopropylethylthiocarbamate (CAS RN 141-98-0)

0  %

31.12.2016

ex 2930 90 99

10

2,3-Bis((2-mercaptoethyl)thio)-1-propanethiol (CAS RN 131538-00-6)

0  %

31.12.2015

ex 2930 90 99

13

Mercaptamine hydrochloride (CAS RN 156-57-0)

0  %

31.12.2016

ex 2930 90 99

14

4-(Methylthio)benzaldehyde (CAS RN 3446-89-7)

0  %

31.12.2018

ex 2930 90 99

15

Ethoprophos (ISO) (CAS RN 13194-48-4)

0  %

31.12.2018

ex 2930 90 99

17

2-(3-Aminophenylsulphonyl)ethyl hydrogen sulphate (CAS RN 2494-88-4)

0  %

31.12.2018

ex 2930 90 99

18

1-Methyl-5-[3-methyl-4-[4-[(trifluoromethyl)thio]phenoxy]phenyl]biuret (CAS RN 106310-17-2)

0  %

31.12.2016

ex 2930 90 99

20

2-Methoxy-N-[2-nitro-5-(phenylthio)phenyl]acetamide (CAS RN 63470-85-9)

0  %

31.12.2015

ex 2930 90 99

23

Dimethyl [(methylsulphanyl)methylylidene]biscarbamate (CAS RN 34840-23-8)

0  %

31.12.2018

ex 2930 90 99

25

Thiophanate-methyl (ISO), (CAS RN 23564-05-8)

0  %

31.12.2018

ex 2930 90 99

30

4-(4-Isopropoxyphenylsulphonyl)phenol (CAS RN 95235-30-6)

0  %

31.12.2018

ex 2930 90 99

35

Glutathione (CAS RN 70-18-8)

0  %

31.12.2016

ex 2930 90 99

40

3,3′-Thiodi(propionic acid) (CAS RN 111-17-1)

0  %

31.12.2018

ex 2930 90 99

45

2-[(p-Aminophenyl)sulphonyl]ethyl hydrogen sulphate (CAS RN 2494-89-5)

0  %

31.12.2018

ex 2930 90 99

50

[S-(R*,R*)]-2-Amino-1-[4-(methylthio)-phenyl]-1,3-propanediol, (CAS RN 23150-35-8)

0  %

31.12.2015

ex 2930 90 99

55

Thiourea (CAS RN 62-56-6)

0  %

31.12.2015

ex 2930 90 99

60

Methyl phenyl sulphide (CAS RN 100-68-5)

0  %

31.12.2018

ex 2930 90 99

62

Zinc bis(benzenesulfinate) (CAS RN 24308-84-7)

0  %

31.12.2014

ex 2930 90 99

64

3-Chloro-2-methylphenyl methyl sulphide (CAS RN 82961-52-2)

0  %

31.12.2014

ex 2930 90 99

65

Pentaerythritol tetrakis(3-mercaptopropionate) (CAS RN 7575-23-7)

0  %

31.12.2015

ex 2930 90 99

66

Diphenyl sulphide (CAS RN 139-66-2)

0  %

31.12.2017

ex 2930 90 99

67

3-Bromomethyl-2-chloro-4-(methylsulphonyl)-benzoic acid (CAS RN 120100-05-2)

0  %

31.12.2018

ex 2930 90 99

68

Clethodim (ISO) (CAS RN 99129-21-2)

0  %

31.12.2017

ex 2930 90 99

77

4-[4-(2-Propenyloxy)phenylsulphonyl]phenol (CAS RN 97042-18-7)

0  %

31.12.2018

ex 2930 90 99

78

4-Mercaptomethyl-3,6-dithia-1,8-octanedithiol (CAS RN 131538-00-6)

0  %

31.12.2016

ex 2930 90 99

80

Captan (ISO) (CAS RN 133-06-2)

0  %

31.12.2018

ex 2930 90 99

81

Disodium hexamethylene-1,6-bisthiosulfate dihydrate (CAS RN 5719-73-3)

3  %

31.12.2014

ex 2930 90 99

83

Methyl-p-tolyl sulphone (CAS RN 3185-99-7)

0  %

31.12.2017

ex 2930 90 99

84

2-Chloro-4-(methylsulphonyl)benzoic acid (CAS RN 53250-83-2)

0  %

31.12.2014

ex 2930 90 99

87

3-Sulphinobenzoic acid (CAS RN 15451-00-0)

0  %

31.12.2018

ex 2930 90 99

89

Potassium- or sodium-salt of O-ethyl-, O-isopropyl-, O-butyl-, O-isobutyl- or O-pentyl-dithiocarbonates

0  %

31.12.2016

ex 2931 90 90

05

Butylethylmagnesium (CAS RN 62202-86-2), in the form of a solution in heptane

0  %

31.12.2018

ex 2931 90 90

10

Diethylmethoxyborane (CAS RN 7397-46-8), whether or not in the form of a solution in tetrahydrofuran according to note 1e to Chapter 29 of the CN

0  %

31.12.2015

ex 2931 90 90

14

Sodium diisobutyldithiophosphinate (CAS RN 13360-78-6) in an aqueous solution

0  %

31.12.2017

ex 2931 90 90

15

Triethylborane (CAS RN 97-94-9)

0  %

31.12.2015

ex 2931 90 90

18

Trioctylphosphine oxide (CAS RN 78-50-2)

0  %

31.12.2016

ex 2931 90 90

20

Methylcyclopentadienyl manganese tricarbonyl containing not more than 4,9 % by weight of cyclopentadienyl manganese tricarbonyl, (CAS RN 12108-13-3)

0  %

31.12.2014

ex 2931 90 90

24

Methyl tris (2-pentanoneoxime) silane (CAS RN 37859-55-5)

0  %

31.12.2014

ex 2931 90 90

30

Diethylborane isopropoxide (CAS RN 74953-03-0)

0  %

31.12.2015

ex 2931 90 90

35

(Z)-Prop-1-en-1-ylphosphonic acid (CAS RN 25383-06-6)

0  %

31.12.2017

ex 2931 90 90

40

N-(Phosphonomethyl)iminodiacetic acid (CAS RN 5994-61-6)

0  %

31.12.2014

ex 2931 90 90

50

Bis(2,4,4-trimethylpentyl)phosphinic acid (CAS RN 83411-71-6)

0  %

31.12.2018

ex 2931 90 90

55

Dimethyl[dimethylsilyldiindenyl]hafnium (CAS RN 220492-55-7)

0  %

31.12.2014

ex 2931 90 90

70

N,N-Dimethylanilinium tetrakis(pentafluorophenyl)borate (CAS RN 118612-00-3)

0  %

31.12.2014

ex 2931 90 90

72

Phenylphosphonic dichloride (CAS RN 824-72-6)

0  %

31.12.2016

ex 2931 90 90

75

Tetrakis(hydroxymethyl)phosphonium chloride (CAS RN 124-64-1)

0  %

31.12.2016

ex 2931 90 90

86

Mixture of the isomers 9-icosyl-9-phosphabicyclo[3.3.1]nonane and 9-icosyl-9-phosphabicyclo[4.2.1]nonane

0  %

31.12.2018

ex 2931 90 90

87

Tris(4-methylpentan-2-oximino)methylsilane (CAS RN 37859-57-7)

0  %

31.12.2018

ex 2931 90 90

89

Tetrabutylphosphonium acetate in the form of an aqueous solution (CAS RN 30345-49-4)

0  %

31.12.2014

ex 2931 90 90

91

Trimethylsilane (CAS RN 993-07-7)

0  %

31.12.2016

ex 2931 90 90

92

Trimethylborane (CAS RN 593-90-8)

0  %

31.12.2014

ex 2931 90 90

96

3-(Hydroxyphenylphosphinoyl)propionic acid (CAS RN 14657-64-8)

0  %

31.12.2018

ex 2932 13 00

10

Tetrahydrofurfuryl alcohol (CAS RN 97-99-4)

0  %

31.12.2018

ex 2932 19 00

40

Furan (CAS RN 110-00-9) of a purity by weight of 99 % or more

0  %

31.12.2014

ex 2932 19 00

41

2,2 di(tetrahydrofuryl)propane (CAS RN 89686-69-1)

0  %

31.12.2014

ex 2932 19 00

45

1,6-Dichloro-1,6-dideoxy-β-D-fructofuranosyl-4-chloro-4 deoxy-α-D-galactopyranoside, (CAS RN 56038-13-2)

0  %

31.12.2014

ex 2932 19 00

50

2-Methylfuran (CAS RN 534-22-5)

0  %

31.12.2015

ex 2932 19 00

70

Furfurylamine (CAS RN 617-89-0)

0  %

31.12.2014

ex 2932 19 00

75

Tetrahydro-2-methylfuran (CAS RN 96-47-9)

0  %

31.12.2018

ex 2932 19 00

80

5-Nitrofurfurylidene di(acetate) (CAS RN 92-55-7)

0  %

31.12.2016

ex 2932 20 90

10

2′-Anilino-6′-[ethyl(isopentyl)amino]-3′-methylspiro[isobenzofuran-1(3H),9′-xanthen]-3-one (CAS RN 70516-41-5)

0  %

31.12.2018

ex 2932 20 90

15

Coumarin (CAS RN 91-64-5)

0  %

31.12.2016

ex 2932 20 90

20

Ethyl 6′-(diethylamino)-3-oxo-3H-spiro[2-benzofuran-1,9′-xanthene]-2′-carboxylate (CAS RN 154306-60-2)

0  %

31.12.2017

ex 2932 20 90

35

6′-Diethylamino-3′-methyl-2′-(2,4-xylidino)spiro[isobenzofuran-1(3H),9′-xanthen]-3-one (CAS RN 36431-22-8)

0  %

31.12.2018

ex 2932 20 90

40

(S)-(-)-α-Amino-γ-butyrolactonehydrobromide (CAS RN 15295-77-9)

0  %

31.12.2017

ex 2932 20 90

55

6-Dimethylamino-3,3-bis(4-dimethylaminophenyl)phthalide (CAS RN 1552-42-7)

0  %

31.12.2018

ex 2932 20 90

60

6′-(Diethylamino)-3′-methyl-2′-(phenylamino)-spiro[isobenzofuran-1(3H),9′-[9H]xanthen]-3-one (CAS RN 29512-49-0)

0  %

31.12.2016

ex 2932 20 90

70

3′,6′-Bis(ethylamino)-2′,7′-dimethylspiro[isobenzofuran-1(3H),9′-[9H]-xanthen]-3-one, (CAS RN 41382-37-0)

0  %

31.12.2018

ex 2932 20 90

71

6′-(Dibutylamino)-3′-methyl-2′-(phenylamino)-spiro[isobenzofuran-1(3H),9′-[9H]xanthen]-3-one (CAS RN 89331-94-2)

0  %

31.12.2016

ex 2932 20 90

72

2′-[Bis(phenylmethyl)amino]-6′-(diethylamino)-spiro[isobenzofuran-1(3H),9′-[9H]xanthen]-3-one (CAS RN 34372-72-0)

0  %

31.12.2016

ex 2932 20 90

80

Gibberellic acid with a minimum purity by weight of 88 % (CAS RN 77-06-5)

0  %

31.12.2018

ex 2932 20 90

84

Decahydro-3a,6,6,9a-tetramethylnaphth [2,1-b] furan-2 (1H)-one (CAS RN 564-20-5)

0  %

31.12.2018

ex 2932 99 00

10

Bendiocarb (ISO) (CAS RN 22781-23-3)

0  %

31.12.2018

ex 2932 99 00

15

1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylindeno[5,6-c]pyran (CAS RN 1222-05-5)

0  %

31.12.2016

ex 2932 99 00

20

Ethyl-2-methyl-1,3-dioxolane-2-acetate (CAS RN 6413-10-1)

0  %

31.12.2016

ex 2932 99 00

25

1-(2,2-Difluorobenzo[d][1,3]dioxol-5-yl)cyclopropanecarboxylic acid (CAS RN 862574-88-7)

0  %

31.12.2017

ex 2932 99 00

35

1,2,3-Trideoxy-4,6:5,7-bis-O-[(4-propylphenyl)methylene]-nonitol, (CAS RN 882073-43-0)

0  %

31.12.2018

ex 2932 99 00

40

1,3:2,4-Bis-O-(3,4-dimethylbenzylidene)-D-glucitol (CAS RN 135861-56-2)

0  %

31.12.2018

ex 2932 99 00

45

2-Butylbenzofuran (CAS RN 4265-27-4)

0  %

31.12.2018

ex 2932 99 00

50

7-Methyl-3,4-dihydro-2H-1,5-benzodioxepin-3-one (CAS RN 28940-11-6)

0  %

31.12.2015

ex 2932 99 00

55

6-Fluoro-3,4-dihydro-2H-1-benzopyran-2-carboxylic acid (CAS RN 99199-60-7)

0  %

31.12.2018

ex 2932 99 00

70

1,3:2,4-bis-O-Benzylidene-D-glucitol (CAS RN 32647-67-9)

0  %

31.12.2016

ex 2932 99 00

75

3-(3,4-Methylenedioxyphenyl)-2-methylpropanal (CAS RN 1205-17-0)

0  %

31.12.2016

ex 2932 99 00

80

1,3:2,4-bis-O-(4-Methylbenzylidene)-D-glucitol (CAS RN 32647-67-9)

0  %

31.12.2016

ex 2933 19 90

30

3-Methyl-1-p-tolyl-5-pyrazolone (CAS RN 86-92-0)

0  %

31.12.2018

ex 2933 19 90

40

Edaravone (INN) (CAS RN 89-25-8)

0  %

31.12.2018

ex 2933 19 90

50

Fenpyroximate (ISO) (CAS RN 134098-61-6)

0  %

31.12.2014

ex 2933 19 90

60

Pyraflufen-ethyl (ISO) (CAS RN 129630-19-9)

0  %

31.12.2014

ex 2933 19 90

70

4,5-Diamino-1-(2-hydroxyethyl)-pyrazolsulphate (CAS RN 155601-30-2)

0  %

31.12.2018

ex 2933 19 90

80

3-(4,5-Dihydro-3-methyl-5-oxo-1H-pyrazol-1-yl)benzenesulphonic acid (CAS RN 119-17-5)

0  %

31.12.2017

ex 2933 19 90

85

Allyl 5-amino-4-(2-methylphenyl)-3-oxo-2,3-dihydro-1H-1-pyrazolcarbothioate (CAS RN 473799-16-5)

0  %

31.12.2017

ex 2933 21 00

50

1-Bromo-3-chloro-5,5-dimethylhydantoin (CAS RN 16079-88-2)

0  %

31.12.2016

ex 2933 21 00

60

DL-p-Hydroxyphenylhydantoin (CAS RN 2420-17-9)

0  %

31.12.2016

ex 2933 21 00

70

α-(4-Methoxybenzoyl)-α-(1-benzyl-5-ethoxy-3-hydantoinyl)-2-chloro-5-dodecyloxycarbonylacetanilide, (CAS RN 70950-45-7)

0  %

31.12.2016

ex 2933 21 00

80

5,5-Dimethylhydantoin (CAS RN 77-71-4)

0  %

31.12.2015

ex 2933 29 90

15

Ethyl 4-(1-hydroxy-1-methylethyl)-2-propylimidazole-5-carboxylate (CAS RN 144689-93-0)

0  %

31.12.2018

ex 2933 29 90

25

Prochloraz (ISO) (CAS RN 67747-09-5)

0  %

31.12.2018

ex 2933 29 90

35

1-Trityl-4-formylimidazole (CAS RN 33016-47-6)

0  %

31.12.2018

ex 2933 29 90

40

Triflumizole (ISO) (CAS RN 68694-11-1)

0  %

31.12.2014

ex 2933 29 90

45

Prochloraz copper chloride (ISO) (CAS RN 156065-03-1)

0  %

31.12.2018

ex 2933 29 90

50

1,3-Dimethylimidazolidin-2-one (CAS RN 80-73-9)

0  %

31.12.2018

ex 2933 29 90

60

1-Cyano-2-methyl-1-[2-(5-methylimidazol-4-ylmethylthio)ethyl]isothiourea (CAS RN 52378-40-2)

0  %

31.12.2016

ex 2933 29 90

70

Cyazofamid (ISO) (CAS RN 120116-88-3)

0  %

31.12.2016

ex 2933 29 90

80

Imazalil (ISO) (CAS RN 35554-44-0)

0  %

31.12.2017

ex 2933 39 99

12

2,3-Dichloropyridine (CAS RN 2402-77-9)

0  %

31.12.2017

ex 2933 39 99

15

Pyridine-2,3-dicarboxylic acid (CAS RN 89-00-9)

0  %

31.12.2018

ex 2933 39 99

18

6-Chloro-3-nitropyridin-2-ylamine (CAS RN 27048-04-0)

0  %

31.12.2017

ex 2933 39 99

20

Copper pyrithione powder (CAS RN 14915-37-8)

0  %

31.12.2014

ex 2933 39 99

24

2-Chloromethyl-4-methoxy-3,5-dimethylpyridine hydrochloride (CAS RN 86604-75-3)

0  %

31.12.2014

ex 2933 39 99

25

Imazethapyr (ISO) (CAS RN 81335-77-5)

0  %

31.12.2018

ex 2933 39 99

30

Fluazinam (ISO) (CAS RN 79622-59-6)

0  %

31.12.2014

ex 2933 39 99

32

2-(Chloromethyl)-3,4-dimethoxypyridine hydrochloride (CAS RN 72830-09-2)

0  %

31.12.2016

ex 2933 39 99

35

Aminopyralid (ISO) (CAS RN 150114-71-9)

0  %

31.12.2018

ex 2933 39 99

37

Aqueous solution of pyridine-2-thiol-1-oxide, sodium salt (CAS RN 3811-73-2)

0  %

31.12.2016

ex 2933 39 99

40

2-Chloropyridine (CAS RN 109-09-1)

0  %

31.12.2018

ex 2933 39 99

42

2,2,6,6-Tetramethylpiperidine (CAS RN 768-66-1)

0  %

31.12.2016

ex 2933 39 99

45

5-Difluoromethoxy-2-[[(3,4-dimethoxy-2-pyridyl)methyl]thio]-1H-benzimidazole, (CAS RN 102625-64-9)

0  %

31.12.2014

ex 2933 39 99

47

(-)-trans-4-(4′-Fluorophenyl)-3-hydroxymethyl-N-methylpiperidine (CAS RN 105812-81-5)

0  %

31.12.2014

ex 2933 39 99

48

Flonicamid (ISO) (CAS RN 158062-67-0)

0  %

31.12.2014

ex 2933 39 99

49

2-[[[3-Methyl-4-(2,2,2-trifluoroethoxy)-2-pyridinyl]methyl]thio]-1H-benzimidazole, (CAS RN 103577-40-8)

0  %

31.12.2015

ex 2933 39 99

50

N-Fluoro-2,6-dichloropyridinium tetrafluoroborate (CAS RN 140623-89-8)

0  %

31.12.2016

ex 2933 39 99

53

3-Bromopyridine (CAS RN 626-55-1)

0  %

31.12.2018

ex 2933 39 99

55

Pyriproxyfen (ISO) of a purity by weight of 97 % or more (CAS RN 95737-68-1)

0  %

31.12.2014

ex 2933 39 99

57

Tert-butyl 3-(6-amino-3-methylpyridin-2-yl)benzoate (CAS RN 1083057-14-0)

0  %

31.12.2017

ex 2933 39 99

60

2-Fluoro-6-(trifluoromethyl)pyridine (CAS RN 94239-04-0)

0  %

31.12.2018

ex 2933 39 99

63

2-Aminomethyl-3-chloro-5-trifluoromethylpyridine hydrochloride (CAS RN 326476-49-7)

0  %

31.12.2018

ex 2933 39 99

65

Acetamiprid (ISO) (CAS RN 135410-20-7)

0  %

31.12.2018

ex 2933 39 99

67

(1R,3S,4S)-tert-Butyl 3-(6-bromo-1H-benzo[d]imidazol-2-yl)-2-azabicyclo[2.2.1]heptane-2-carboxylate (CAS RN 1256387-74-2)

0  %

31.12.2018

ex 2933 39 99

70

2,3-Dichloro-5-trifluoromethylpyridine (CAS RN 69045-84-7)

0  %

31.12.2016

ex 2933 39 99

72

5,6-Dimethoxy-2-[(4-piperidinyl)methyl]indan-1-one (CAS RN 120014-30-4)

0  %

31.12.2016

ex 2933 39 99

77

Imazamox (ISO) (CAS RN 114311-32-9)

0  %

31.12.2018

ex 2933 39 99

85

2-Chloro-5-chloromethylpyridine (CAS RN 70258-18-3)

0  %

31.12.2015

ex 2933 49 10

10

Quinmerac (ISO) (CAS RN 90717-03-6)

0  %

31.12.2018

ex 2933 49 10

20

3-Hydroxy-2-methylquinoline-4-carboxylic acid (CAS RN 117-57-7)

0  %

31.12.2018

ex 2933 49 10

30

Ethyl 4-oxo-1,4-dihydroquinoline-3-carboxylate (CAS RN 52980-28-6)

0  %

31.12.2017

ex 2933 49 90

30

Quinoline (CAS RN 91-22-5)

0  %

31.12.2015

ex 2933 49 90

40

Isoquinoline (CAS RN 119-65-3)

0  %

31.12.2015

ex 2933 49 90

60

5,6,7,8-Tetrahydroquinoline (CAS RN 10500-57-9)

0  %

31.12.2014

ex 2933 49 90

70

Quinolin-8-ol (CAS RN 148-24-3)

0  %

31.12.2018

ex 2933 52 00

10

Malonylurea (barbituric acid) (CAS RN 67-52-7)

0  %

31.12.2016

ex 2933 59 95

15

Sitagliptin phosphate monohydrate (CAS RN 654671-77-9)

0  %

01.07.2014

ex 2933 59 95

17

N,N′-(4,6-Dichloropyrimidine-2,5-diyl)diformamide (CAS RN 116477-30-6)

0  %

31.12.2018

ex 2933 59 95

20

2,4-Diamino-6-chloropyrimidine (CAS RN 156-83-2)

0  %

31.12.2018

ex 2933 59 95

23

6-Chloro-3-methyluracil (CAS RN 4318-56-3)

0  %

31.12.2018

ex 2933 59 95

27

2-[(2-Amino-6-oxo-1,6-dihydro-9H-purin-9-yl)methoxy]-3-hydroxypropylacetate (CAS RN 88110-89-8)

0  %

31.12.2018

ex 2933 59 95

30

Mepanipyrim (ISO) (CAS RN 110235-47-7)

0  %

31.12.2018

ex 2933 59 95

45

1-[3-(Hydroxymethyl)pyridin-2-yl]-4-methyl-2-phenylpiperazine (CAS RN 61337-89-1)

0  %

31.12.2014

ex 2933 59 95

50

2-(2-Piperazin-1-ylethoxy)ethanol (CAS RN 13349-82-1)

0  %

31.12.2014

ex 2933 59 95

55

Thiopental (INNM) (CAS RN 76-75-5)

0  %

31.12.2014

ex 2933 59 95

60

2,6-Dichloro-4,8-dipiperidinopyrimido[5,4-d]pyrimidine (CAS RN 7139-02-8)

0  %

31.12.2018

ex 2933 59 95

65

1-Chloromethyl-4-fluoro-1,4-diazoniabicyclo[2.2.2]octane bis(tetrafluoroborate), (CAS RN 140681-55-6)

0  %

31.12.2014

ex 2933 59 95

70

N-(4-Ethyl-2,3-dioxopiperazin-1-ylcarbonyl)-D-2-phenylglycine (CAS RN 63422-71-9)

0  %

31.12.2018

ex 2933 59 95

72

Triacetylganciclovir (CAS RN 86357-14-4)

0  %

31.12.2016

ex 2933 59 95

75

(2R,3S/2S,3R)-3-(6-Chloro-5-fluoro pyrimidin-4-yl)-2-(2,4-difluorophenyl)-1-(1H-1,2,4-triazol-1-yl)butan-2-ol hydrochloride, (CAS RN 188416-20-8)

0  %

31.12.2014

ex 2933 59 95

77

3-(Trifluoromethyl)-5,6,7,8-tetrahydro[1,2,4]triazolo[4,3-a]pyrazine hydrochloride (1:1) (CAS RN 762240-92-6)

0  %

31.12.2017

ex 2933 69 80

25

1,3,5-Triazine-2,4,6-triamine monophosphate (CAS RN 20208-95-1)

0  %

31.12.2016

ex 2933 69 80

40

Troclosene sodium (INNM) (CAS RN 2893-78-9)

0  %

31.12.2016

ex 2933 69 80

50

1,3,5-Tris(2,3-dibromopropyl)-1,3,5-triazinane-2,4,6-trione (CAS RN 52434-90-9)

0  %

31.12.2018

ex 2933 69 80

55

Terbutryn (ISO) (CAS RN 886-50-0)

0  %

31.12.2015

ex 2933 69 80

60

Cyanuric acid (CAS RN 108-80-5)

0  %

31.12.2015

ex 2933 69 80

80

Tris(2-hydroxyethyl)-1,3,5-triazinetrione (CAS RN 839-90-7)

0  %

31.12.2018

ex 2933 79 00

30

5-Vinyl-2-pyrrolidone (CAS RN 7529-16-0)

0  %

31.12.2017

ex 2933 79 00

50

6-Bromo-3-methyl-3H-dibenz(f,ij)isoquinoline-2,7-dione (CAS RN 81-85-6)

0  %

31.12.2018

ex 2933 79 00

60

3,3-Pentamethylene-4-butyrolactam (CAS RN 64744-50-9)

0  %

31.12.2014

ex 2933 79 00

70

(S)-N-[(Diethylamino)methyl]-alpha-ethyl-2-oxo-1-pyrrolidineacetamide L-(+)-tartrate, (CAS RN 754186-36-2)

0  %

31.12.2015

ex 2933 99 80

10

2-(2H-Benzotriazol-2-yl)-4,6-di-tert-butylphenol (CAS RN 3846-71-7)

0  %

31.12.2018

ex 2933 99 80

13

5-Difluoromethoxy-2-mercapto-1-H-benzimidazole (CAS RN 97963-62-7)

0  %

31.12.2016

ex 2933 99 80

15

2-(2H-Benzotriazol-2-yl)-4,6-di-tert-pentylphenol (CAS RN 25973-55-1)

0  %

31.12.2018

ex 2933 99 80

18

4,4′-[(9-Butyl-9H-carbazol-3-yl)methylene]bis[N-methyl-N-phenylaniline] (CAS RN 67707-04-4)

0  %

31.12.2017

ex 2933 99 80

20

2-(2H-Benzotriazol-2-yl)-4,6-bis(1-methyl-1-phenylethyl)phenol (CAS RN 70321-86-7)

0  %

31.12.2018

ex 2933 99 80

22

(2S)-2-Benzyl-N,N-dimethylaziridine-1-sulfonamide (CAS RN 902146-43-4)

0  %

31.12.2017

ex 2933 99 80

24

1,3-Dihydro-5,6-diamino-2H-benzimidazol-2-one (CAS RN 55621-49-3)

0  %

31.12.2017

ex 2933 99 80

28

N-(2,3-Dihydro-2-oxo-1H-benzimidazol-5-yl)-3-hydroxynaphthalene-2-carboxamide (CAS RN 26848-40-8)

0  %

31.12.2017

ex 2933 99 80

30

Quizalofop-P-ethyl (ISO) (CAS RN 100646-51-3)

0  %

31.12.2018

ex 2933 99 80

32

5-[4′-(Bromomethyl)biphenyl-2-yl]-2-trityl-2H-tetrazole (CAS RN 133051-88-4)

0  %

31.12.2014

ex 2933 99 80

35

1,3,3-Trimethyl-2-methyleneindoline (CAS RN 118-12-7)

0  %

31.12.2014

ex 2933 99 80

37

8-Chloro-5,10-dihydro-11H-dibenzo [b,e] [1,4]diazepin-11-one (CAS RN 50892-62-1)

0  %

31.12.2014

ex 2933 99 80

40

trans-4-Hydroxy-L-proline (CAS RN 51-35-4)

0  %

31.12.2018

ex 2933 99 80

43

2,3-Dihydro-1H-pyrrole[3,2,1-ij]quinoline (CAS RN 5840-01-7)

0  %

31.12.2017

ex 2933 99 80

45

Maleic hydrazide (ISO) (CAS RN 123-33-1)

0  %

31.12.2018

ex 2933 99 80

47

Paclobutrazol (ISO) (CAS RN 76738-62-0)

0  %

31.12.2017

ex 2933 99 80

50

Metconazole (ISO) (CAS RN 125116-23-6)

3,2  %

31.12.2018

ex 2933 99 80

53

Potassium (S)-5-(tert-butoxycarbonyl)-5-azaspiro[2.4]heptane-6-carboxylate (CUS 0133723-1) (5)

0  %

31.12.2018

ex 2933 99 80

55

Pyridaben (ISO) (CAS RN 96489-71-3)

0  %

31.12.2014

ex 2933 99 80

57

2-(5-Methoxyindol-3-yl)ethylamine (CAS RN 608-07-1)

0  %

31.12.2018

ex 2933 99 80

62

1H-Indole-6-carboxylic acid (CAS RN 1670-82-2)

0  %

31.12.2018

ex 2933 99 80

64

((3R)-1-{(1R,2R)-2-[2-(3,4-Dimethoxyphenyl) ethoxy]cyclohexyl}pyrrolidin-3-ol.hydrochloride, (CAS RN 748810-28-8)

0  %

31.12.2015

ex 2933 99 80

67

Candesartan ethyl ester (INNM) (CAS RN 139481-58-6)

0  %

31.12.2016

ex 2933 99 80

71

10-Methoxyiminostilbene (CAS RN 4698-11-7)

0  %

31.12.2018

ex 2933 99 80

72

1,4,7-Trimethyl-1,4,7-Triazacyclononane

0  %

31.12.2018

ex 2933 99 80

74

Imidazo[1,2-b] pyridazine-hydrochloride (CAS RN 18087-70-2)

0  %

31.12.2018

ex 2933 99 80

76

Manganese(2+), bis(octahydro-1,4,7-trimethyl-1H-1,4,7-triazonine-N1,N4,N7)tri-μ-oxodi-, acetate (1:2) (CAS RN 916075-10-0)

0  %

31.12.2014

ex 2933 99 80

78

3-Amino-3-azabicyclo (3.3.0) octane hydrochloride (CAS RN 58108-05-7)

0  %

31.12.2018

ex 2933 99 80

81

1,2,3-Benzotriazole (CAS RN 95-14-7)

0  %

31.12.2016

ex 2933 99 80

82

Tolytriazole (CAS RN 29385-43-1)

0  %

31.12.2018

ex 2933 99 80

88

2,6-Dichloroquinoxaline (CAS RN 18671-97-1)

0  %

31.12.2014

ex 2933 99 80

89

Carbendazim (ISO) (CAS RN 10605-21-7)

0  %

31.12.2018

ex 2934 10 00

10

Hexythiazox (ISO) (CAS RN 78587-05-0)

0  %

31.12.2018

ex 2934 10 00

15

4-Nitrophenyl thiazol-5-ylmethyl carbonate (CAS RN 144163-97-3)

0  %

31.12.2017

ex 2934 10 00

20

2-(4-Methylthiazol-5-yl)ethanol (CAS RN 137-00-8)

0  %

31.12.2018

ex 2934 10 00

25

(S)-Ethyl-2-(3-((2-isopropylthiazol-4-yl)methyl)-3-methylureido)-4-morpholinobutanoate oxalate (CAS RN 1247119-36-3)

0  %

31.12.2017

ex 2934 10 00

35

(2-Isopropylthiazol-4-yl)-N-methylmethanamine dihydrochloride (CAS RN 1185167-55-8)

0  %

31.12.2017

ex 2934 10 00

40

(Z)-2-(2-tert-butoxycarbonylaminothiazol-4-yl)-2-pentenoic acid (CAS RN 86978-24-7)

0  %

31.12.2018

ex 2934 10 00

60

Fosthiazate (ISO) (CAS RN 98886-44-3)

0  %

31.12.2014

ex 2934 10 00

70

2-(Formylamino)-4-thiazoleacetyl chloride, hydrochloride (CAS RN 372092-18-7)

0  %

31.12.2016

ex 2934 10 00

80

3,4-Dichloro-5-carboxyisothiazole (CAS RN 18480-53-0)

0  %

31.12.2016

ex 2934 20 80

20

S-1,3-Benzothiazol-2-yl (2Z)-(5-amino-1,2,4-thiadiazol-3-yl)(methoxyimino)ethanethioate (CAS RN 89604-91-1)

0  %

31.12.2016

ex 2934 20 80

30

2-[[(Z)-[1-(2-Amino-4-thiazolyl)-2-(2-benzothiazolylthio)-2-oxoethylidene]amino]oxy]-acetic acid, methyl ester (CAS RN 246035-38-1)

0  %

31.12.2016

ex 2934 20 80

40

1,2-Benzisothiazol-3(2H)-one (Benzisothiazolinone (BIT)) (CAS RN 2634-33-5)

0  %

31.12.2017

ex 2934 20 80

50

S-(1,3-Benzothiazol-2-yl)-(Z)-2-(2-aminothiazol-4-yl)-2-(acetyloxyimino)thioacetate, (CAS RN 104797-47-9)

0  %

31.12.2018

ex 2934 20 80

60

Benzothiazol-2-yl-(Z)-2-trityloxyimino-2-(2-aminothiazole-4-yl)-thioacetate (CAS RN 143183-03-3)

0  %

31.12.2015

ex 2934 20 80

70

N,N-Bis(1,3-benzothiazol-2-ylsulphanyl)-2-methylpropan-2-amine (CAS RN 3741-80-8)

0  %

31.12.2015

ex 2934 30 90

10

2-Methylthiophenothiazine (CAS RN 7643-08-5)

0  %

31.12.2017

ex 2934 99 90

11

Methyl 3-{1,4-dioxaspiro[4.5]dec-8-yl[(trans-4-methylcyclohexyl)carbonyl]amino}-5-iodothiophene-2-carboxylate (CAS RN 1026785-65-8)

0  %

31.12.2018

ex 2934 99 90

12

Dimethomorph (ISO) (CAS RN 110488-70-5)

0  %

31.12.2018

ex 2934 99 90

13

Buprofezin (ISO) of a purity by weight of 98,5 % or more (CAS RN 953030-84-7)

0  %

31.12.2018

ex 2934 99 90

14

Ethyl N-{[1-methyl-2-({[4-(5-oxo-4,5-dihydro-1,2,4-oxadiazol-3-yl)phenyl]amino}methyl)-1H-benzimidazol-5-yl]carbonyl}-N-pyridin-2-yl-b-alaninate (CAS RN 872728-84-2)

0  %

31.12.2017

ex 2934 99 90

15

Carboxin (ISO) (CAS RN 5234-68-4)

0  %

31.12.2018

ex 2934 99 90

17

Methyl(1,8-diethyl-1,3,4,9-tetrahydropyrano[3,4-b]indol-1-yl)acetate (CAS RN 122188-02-7)

0  %

31.12.2016

ex 2934 99 90

18

3,3-bis(2-Methyl-1-octyl-1H-indol-3-yl)phthalide (CAS RN 50292-95-0)

0  %

31.12.2017

ex 2934 99 90

20

Thiophene (CAS RN 110-02-1)

0  %

31.12.2014

ex 2934 99 90

22

7-[4-(Diethylamino)-2-ethoxyphenyl]-7-(2-methyl-1-octyl-1H-indol-3-yl) furo[3,4-b]pyridin-5(7H)-one (CAS RN 87563-89-1)

0  %

31.12.2017

ex 2934 99 90

23

Bromuconazole (ISO) with a purity by weight of 96 % or more (CAS RN 116255-48-2)

0  %

31.12.2016

ex 2934 99 90

25

2,4-Diethyl-9H-thioxanthen-9-one (CAS RN 82799-44-8)

0  %

31.12.2015

ex 2934 99 90

28

11-(Piperazin-1-yl)dibenzo[b,f][1,4]thiazepine dihydrochloride (CAS RN 111974-74-4)

0  %

31.12.2016

ex 2934 99 90

30

Dibenzo[b,f][1,4]thiazepin-11(10H)-one (CAS RN 3159-07-7)

0  %

31.12.2014

ex 2934 99 90

33

[2,2′-Thio-bis(4-tert-octylphenolato)]-n-butylamine nickel (CAS RN 14516-71-3)

0  %

31.12.2016

ex 2934 99 90

35

Dimethenamide (ISO) (CAS RN 87674-68-8)

0  %

31.12.2018

ex 2934 99 90

37

4-Propan-2-ylmorpholine (CAS RN 1004-14-4)

0  %

31.12.2017

ex 2934 99 90

40

2-Thiophene ethylamine (CAS RN 30433-91-1)

0  %

31.12.2015

ex 2934 99 90

43

Clopidogrel acid hydrochloride (CAS RN 144750-42-5)

0  %

31.12.2016

ex 2934 99 90

45

Tris(2,3-epoxypropyl)-1,3,5-triazinanetrione (CAS RN 2451-62-9)

0  %

31.12.2018

ex 2934 99 90

48

Propan-2-ol – 2-methyl-4-(4-methylpiperazin-1-yl)-10H-thieno[2,3-b][1,5]benzodiazepine (1:2) dihydrate (CAS RN 864743-41-9)

0  %

31.12.2016

ex 2934 99 90

50

10-[1,1′-Biphenyl]-4-yl-2-(1-methylethyl)-9-oxo-9H-thioxanthenium hexafluorophosphate, (CAS RN 591773-92-1)

0  %

31.12.2015

ex 2934 99 90

55

Olmesartan medoxomil (INN) (CAS RN 144689-63-4)

0  %

31.12.2018

ex 2934 99 90

60

DL-Homocysteine thiolactone hydrochloride (CAS RN 6038-19-3)

0  %

31.12.2018

ex 2934 99 90

66

Tetrahydrothiophene-1,1-dioxide (CAS RN 126-33-0)

0  %

31.12.2018

ex 2934 99 90

72

1-[3-(5-Nitro-2-furyl)allylideneamino]imidazolidine-2,4-dione (CAS RN 1672-88-4)

0  %

31.12.2018

ex 2934 99 90

74

2-Isopropylthioxanthone (CAS RN 5495-84-1)

0  %

31.12.2017

ex 2934 99 90

75

(4R-cis)-1,1-Dimethylethyl-6-[2[2-(4-fluorophenyl)-5-(1-isopropyl)-3-phenyl-4-[(phenylamino)carbonyl]-1H-pyrrol-1-yl]ethyl]-2,2-dimethyl-1,3-dioxane-4-acetate (CAS RN 125971-95-1)

0  %

31.12.2016

ex 2934 99 90

ex 3204 20 00

76

10

2,5-Thiophenediylbis(5-tert-butyl-1,3-benzoxazole) (CAS RN 7128-64-5)

0  %

31.12.2016

ex 2934 99 90

77

Potassium 5-methyl-1,3,4-oxadiazole-2-carboxylate (CAS RN 888504-28-7)

0  %

31.12.2016

ex 2934 99 90

79

Thiophen-2-ethanol (CAS RN 5402-55-1)

0  %

31.12.2018

ex 2934 99 90

83

Flumioxazin (ISO) of a purity by weight of 96 % or more (CAS RN 103361-09-7)

0  %

31.12.2014

ex 2934 99 90

84

Etoxazole (ISO) of a purity by weight of 94,8 % or more (CAS RN 153233-91-1)

0  %

31.12.2014

ex 2934 99 90

85

N2-[1-(S)-Ethoxycarbonyl-3-phenylpropyl]-N6-trifluoroacetyl-L-lysyl-N2-carboxy anhydride (CAS RN 126586-91-2)

0  %

31.12.2015

ex 2934 99 90

86

Dithianon (ISO) (CAS RN 3347-22-6)

0  %

31.12.2015

ex 2934 99 90

87

2,2′-(1,4-Phenylene)bis(4H-3,1-benzoxazin-4-one) (CAS RN 18600-59-4)

0  %

31.12.2015

ex 2935 00 90

15

Flupyrsulfuron-methyl-sodium (ISO) (CAS RN 144740-54-5)

0  %

31.12.2018

ex 2935 00 90

17

6-Methyl-4-oxo-5,6-dihydro-4H-thieno[2,3-b]thiopyran-2-sulfonamide (CAS RN 120279-88-1)

0  %

31.12.2018

ex 2935 00 90

20

Toluenesulphonamides

0  %

31.12.2018

ex 2935 00 90

23

N-[4-(2-Chloroacetyl)phenyl]methanesulphonamide (CAS RN 64488-52-4)

0  %

31.12.2016

ex 2935 00 90

25

Triflusulfuron-methyl (ISO) (CAS RN 126535-15-7)

0  %

31.12.2018

ex 2935 00 90

27

Methyl (3R,5S,6E)-7-{4-(4-fluorophenyl)-6-isopropyl-2-[methyl(methylsulfonyl)amino]pyrimidin-5-yl}-3,5-dihydroxyhept-6-enoate (CAS RN 147118-40-9)

0  %

31.12.2016

ex 2935 00 90

28

N-Fluorobenzenesulphonimide (CAS RN 133745-75-2)

0  %

31.12.2018

ex 2935 00 90

30

Mixture of isomers consisting of N-ethyltoluene-2-sulphonamide and N-ethyltoluene-4-sulphonamide

0  %

31.12.2014

ex 2935 00 90

35

Chlorsulfuron (ISO) (CAS RN 64902-72-3)

0  %

31.12.2018

ex 2935 00 90

40

Imazosulfuron (ISO), of a purity by weight of 98 % or more (CAS RN 122548-33-8)

0  %

31.12.2015

ex 2935 00 90

42

Penoxsulam (ISO) (CAS RN 219714-96-2)

0  %

31.12.2015

ex 2935 00 90

45

Rimsulfuron (ISO) (CAS RN 122931-48-0)

0  %

31.12.2018

ex 2935 00 90

48

(3R,5S,6E)-7-[4-(4-Fluorophenyl)-2-[methyl(methylsulfonyl)amino]-6-(propan-2-yl)pyrimidin-5-yl]-3,5-dihydroxyhept-6-enoic acid – 1-[(R)-(4-chlorophenyl)(phenyl)methyl]piperazine (1:1) (CAS RN 1235588-99-4)

0  %

31.12.2016

ex 2935 00 90

50

4,4′-Oxydi(benzenesulphonohydrazide) (CAS RN 80-51-3)

0  %

31.12.2018

ex 2935 00 90

53

2,4-Dichloro-5-sulphamoylbenzoic acid (CAS RN 2736-23-4)

0  %

31.12.2014

ex 2935 00 90

55

Thifensulfuron-methyl (ISO) (CAS RN 79277-27-3)

0  %

31.12.2018

ex 2935 00 90

63

Nicosulphuron (ISO), of a purity by weight of 91 % or more (CAS RN 111991-09-4)

0  %

31.12.2014

ex 2935 00 90

65

Tribenuron-methyl (ISO) (CAS RN 101200-48-0)

0  %

31.12.2018

ex 2935 00 90

75

Metsulfuron-methyl (ISO) (CAS RN 74223-64-6)

0  %

31.12.2018

ex 2935 00 90

77

[[4-[2-[[(3-Ethyl-2,5-dihydro-4-methyl-2-oxo-1H-pyrrol-1-yl)carbonyl]amino] ethyl]phenyl]sulfonyl]-carbamic acid ethyl ester, (CAS RN 318515-70-7)

0  %

31.12.2014

ex 2935 00 90

82

N-(5,7-Dimethoxy[1,2,4]triazolo[1,5-a]pyrimidin-2-yl)-2-methoxy-4-(trifluoromethyl)pyridine-3-sulphonamide, (CAS RN 422556-08-9)

0  %

31.12.2014

ex 2935 00 90

85

N-[4-(Isopropylaminoacetyl)phenyl]methanesulphonamide hydrochloride

0  %

31.12.2018

ex 2935 00 90

88

N-(2-(4-Amino-N-ethyl-m-toluidino)ethyl)methanesulphonamide sesquisulphate monohydrate, (CAS RN 25646-71-3)

0  %

31.12.2018

ex 2935 00 90

89

3-(3-Bromo-6-fluoro-2-methylindol-1-ylsulphonyl)-N,N-dimethyl-1,2,4-triazol-1-sulphonamide (CAS RN 348635-87-0)

0  %

31.12.2016

ex 2938 90 30

10

Ammonium glycyrrhizate (CAS RN 53956-04-0)

0  %

31.12.2015

ex 2938 90 90

10

Hesperidin (CAS RN 520-26-3)

0  %

31.12.2018

ex 2938 90 90

20

Ethylvanillin beta-D-glucopyranoside (CAS RN 122397-96-0)

0  %

31.12.2018

ex 2941 20 30

10

Dihydrostreptomycin sulphate (CAS RN 5490-27-7)

0  %

31.12.2016

ex 3102 50 00

10

Natural sodium nitrate

0  %

31.12.2017

3201 20 00

Wattle extract

0  %

31.12.2018

ex 3201 90 90

20

Tanning extracts derived from gambier and myrobalan fruits

0  %

31.12.2018

ex 3204 11 00

20

Dye C.I. Disperse Yellow 241 (CAS RN 83249-52-9), with a purity of 97 % or more as determined by high pressure liquid chromatography

0  %

31.12.2015

ex 3204 11 00

30

Preparation of dispersion dyes, containing:

| — | C.I. Disperse Orange 61, |
| --- | --- |

—

C.I. Disperse Orange 61,

| — | C.I. Disperse Blue 291:1, |
| --- | --- |

—

C.I. Disperse Blue 291:1,

| — | C.I. Disperse Violet 93:1, |
| --- | --- |

—

C.I. Disperse Violet 93:1,

| — | C.I. Disperse Red 54 |
| --- | --- |

—

C.I. Disperse Red 54

0  %

31.12.2015

ex 3204 11 00

40

Dye C.I. Disperse Red 60 (CAS RN 17418-58-5)

0  %

31.12.2016

ex 3204 11 00

50

Dye C.I. Disperse Blue 72 (CAS RN 81-48-1)

0  %

31.12.2016

ex 3204 11 00

60

Dye C.I. Disperse Blue 359 (CAS RN 213328-78-0)

0  %

31.12.2016

ex 3204 11 00

70

Dye C.I. Disperse Red 343 (CAS RN 99035-78-6)

0  %

31.12.2017

ex 3204 11 00

80

Dye preparation, non-ionogenic, containing:

| — | N-[5-(acetylamino)-4-[(2-chloro-4,6-dinitrophenyl)azo]-2-methoxyphenyl]- 2-oxo-2-(phenylmethoxy)ethyl-β-alanine (CAS RN 159010-67-0) |
| --- | --- |

—

N-[5-(acetylamino)-4-[(2-chloro-4,6-dinitrophenyl)azo]-2-methoxyphenyl]- 2-oxo-2-(phenylmethoxy)ethyl-β-alanine (CAS RN 159010-67-0)

| — | N-[4-[(2-cyano-4-nitrophenyl)azo]phenyl]-N-methyl-2-(1,3-dihydro-1,3-dioxo-2H-isoindol-2-yl)ethyl-β-alanine (CAS RN 170222-39-6) and |
| --- | --- |

—

N-[4-[(2-cyano-4-nitrophenyl)azo]phenyl]-N-methyl-2-(1,3-dihydro-1,3-dioxo-2H-isoindol-2-yl)ethyl-β-alanine (CAS RN 170222-39-6) and

| — | N-[2-chloro-4-[(4-nitrophenyl)azo]phenyl]-2-[2-(1,3-dihydro-1,3-dioxo-2H-isoindol-2-yl)ethoxy]-2-oxoethyl-β-alanine (CAS RN 371921-34-5) |
| --- | --- |

—

N-[2-chloro-4-[(4-nitrophenyl)azo]phenyl]-2-[2-(1,3-dihydro-1,3-dioxo-2H-isoindol-2-yl)ethoxy]-2-oxoethyl-β-alanine (CAS RN 371921-34-5)

0  %

31.12.2017

ex 3204 12 00

10

Dye C.I. Acid Blue 9 (CAS RN 3844-45-9)

0  %

31.12.2016

ex 3204 12 00

20

Dye preparation, anionic, containing by weight 75 % or more of disodium-7-((4-chloro-6-(dodecylamino)-1,3,5-triazin-2-yl)amino)-4-hydroxy-3-((4-((4-sulfophenyl)azo)phenyl)azo)-2-naphthalenesulfonate (CAS RN 145703-76-0)

0  %

31.12.2017

ex 3204 12 00

30

Acid dye preparation, anionic, containing:

| — | lithium-amino-4-(4-tert-butylanilino)anthraquinone-2-sulfonate (CAS RN 125328-86-1), |
| --- | --- |

—

lithium-amino-4-(4-tert-butylanilino)anthraquinone-2-sulfonate (CAS RN 125328-86-1),

| — | C.I. Acid Green 25 (CAS RN 4403-90-1) and |
| --- | --- |

—

C.I. Acid Green 25 (CAS RN 4403-90-1) and

| — | C.I. Acid Blue 80 (CAS RN 4474-24-2) |
| --- | --- |

—

C.I. Acid Blue 80 (CAS RN 4474-24-2)

0  %

31.12.2017

ex 3204 12 00

40

Liquid dye preparation containing anionic acid dye C.I. Acid Blue 182 (CAS RN 12219-26-0)

0  %

31.12.2018

ex 3204 13 00

10

Dye C.I. Basic Red 1 (CAS RN 989-38-8)

0  %

31.12.2016

ex 3204 13 00

20

(2,2′-(3,3′-Dioxidobiphenyl-4,4′-diyldiazo)bis(6-(4-(3-(diethylamino)propylamino)-6-(3-(diethylammonio)propylamino)-1,3,5-triazin-2-ylamino)-3-sulfonato-1-naphtholato))dicopper(II) acetate lactate (CAS RN 159604-94-1)

0  %

31.12.2017

ex 3204 13 00

30

Dye C.I. Basic Blue 7 (CAS RN 2390-60-5)

0  %

31.12.2017

ex 3204 13 00

40

Dye C.I. Basic Violet 1 (CAS RN 603-47-4)/(CAS RN 8004-87-3)

0  %

31.12.2017

ex 3204 15 00

10

Dye C.I. Vat Orange 7 (C.I. Pigment Orange 43) (CAS RN 4424-06-0)

0  %

31.12.2017

ex 3204 15 00

60

Dyestuff C.I. Vat Blue 4 (CAS RN 81-77-6)

0  %

31.12.2018

ex 3204 17 00

10

Dye C.I. Pigment Yellow 81 (CAS RN 22094-93-5)

0  %

31.12.2018

ex 3204 17 00

15

Dye C.I. Pigment Green 7 (CAS RN 1328-53-6)

0  %

31.12.2016

ex 3204 17 00

20

Dye C.I. Pigment Blue 15:3 (CAS RN 147-14-8)

0  %

31.12.2016

ex 3204 17 00

25

Dye C.I. Pigment Yellow 14 (CAS RN 5468-75-7)

0  %

31.12.2016

ex 3204 17 00

30

Dye C.I. Pigment Yellow 97 (CAS RN 12225-18-2)

0  %

31.12.2017

ex 3204 17 00

35

Dye C.I. Pigment Red 202 (CAS RN 3089-17-6)

0  %

31.12.2016

ex 3204 17 00

40

Dye C.I. Pigment Yellow 120 (CAS RN 29920-31-8)

0  %

31.12.2014

ex 3204 17 00

50

Dye C.I. Pigment Yellow 180 (CAS RN 77804-81-0)

0  %

31.12.2014

ex 3204 17 00

60

Dye C.I. Pigment Red 53:1 (CAS RN 5160-02-1)

0  %

31.12.2016

ex 3204 17 00

65

Dye C.I. Pigment Red 53 (CAS RN 2092-56-0)

0  %

31.12.2016

ex 3204 17 00

70

Dye C.I. Pigment Yellow 13 (CAS RN 5102-83-0)

0  %

31.12.2016

ex 3204 17 00

75

Dye C.I. Pigment Orange 5 (CAS RN 3468-63-1)

0  %

31.12.2017

ex 3204 17 00

80

Dye C.I. Pigment Red 207 (CAS RN 71819-77-7)

0  %

31.12.2017

ex 3204 17 00

85

Dye C.I. Pigment Blue 61 (CAS RN 1324-76-1)

0  %

31.12.2017

ex 3204 17 00

88

Dye C.I. Pigment Violet 3 (CAS RN 1325-82-2)

0  %

31.12.2017

ex 3204 19 00

11

Photochromic dye, 3-(4-butoxyphenyl-6,7-dimethoxy-3-(4-methoxyphenyl)-13,13-dimethyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromene-11-carbonitrile

0  %

31.12.2014

ex 3204 19 00

21

Photochromic dye, 4-(3-(4-butoxyphenyl)-6-methoxy-3-(4-methoxyphenyl)-13,13-dimethyl-11-(trifluoromethyl)-3,13-dihydrobenzo[h]indeno[2,1-f]chromen-7-yl)morpholine (CAS RN 1021540-64-6)

0  %

31.12.2014

ex 3204 19 00

31

Photochromic dye, N-hexyl -6,7-dimethoxy-3,3-bis(4-methoxyphenyl)-13,13-dimethyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromene-11-carboxamide

0  %

31.12.2014

ex 3204 19 00

41

Photochromic dye, 4,4′-(13,13-dimethyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromene-3,3-diyl)diphenol

0  %

31.12.2014

ex 3204 19 00

43

Photochromic dye, bis(2-(4-(7-methoxy-3-(4-methoxyphenyl)-11-phenyl-13, 13-dipropyl-3, 13-dihydrobenzo[h]indeno[2,1-f]chromen-3-yl)phenoxy)ethyl) decanedioate (CUS 0133724-2) (5)

0  %

31.12.2018

ex 3204 19 00

47

Photochromic dye, 4-(4-(13,13-dimethyl-3,11-diphenyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromen-3-yl)phenyl)morpholine (CUS 0133726-4) (5)

0  %

31.12.2018

ex 3204 19 00

51

Photochromic dye, 4-(4-(6,11-difluoro-13,13-dimethyl-3-phenyl-3,13-dihydrobenzo[h]indeno[2,1-f ]chromen-3-yl)phenyl)morpholine (CAS RN 1360882-72-6)

0  %

31.12.2014

ex 3204 19 00

53

Photochromic dye, 3-(4-butoxyphenyl)-3-(4-fluorophenyl)-6,7-dimethoxy-13,13-dimethyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromene-11-carbonitrile (CUS 0133725-3) (5)

0  %

31.12.2018

ex 3204 19 00

55

Photochromic dye, 4, 4′-(7-methoxy-11-phenyl-13, 13-dipropyl-3, 13-dihydrobenzo[h]indeno[2, 1-f]chromene-3, 3-diyl)diphenol (CUS 0133728-6) (5)

0  %

31.12.2018

ex 3204 19 00

57

Photochromic dye, bis(2-{4-[11-cyano-3-(4-fluorophenyl)-6,7-dimethoxy-13,13-dimethyl-3, 13-dihydrobenzo[h]indeno[2,1-f]chromen-3-yl]phenoxy}ethyl) decanedioate (CUS 0133729-7) (5)

0  %

31.12.2018

ex 3204 19 00

61

Photochromic dye, 3-(4-butoxyphenyl)-6,7-dimethoxy-3-(4-methoxyphenyl)-13,13-dimethyl-11-(trifluoromethyl)-3,13-dihydrobenzo[h]indeno[2,1-f ]chromene (CAS RN 1021540-61-3)

0  %

31.12.2014

ex 3204 19 00

63

Photochromic dye, 1-{4-(6-methoxy-3-(4-methoxyphenyl)-13,13-dimethyl-3, 13-dihydrobenzo[h]indeno[2,1-f]chromen-3-yl)phenyl}piperidine (CUS 0133727-5) (5)

0  %

31.12.2018

ex 3204 19 00

70

Dye C.I. Solvent Red 49 (CAS RN 509-34-2)

0  %

31.12.2018

ex 3204 19 00

71

Dye C.I. Solvent Brown 53 (CAS RN 64696-98-6)

0  %

31.12.2015

ex 3204 19 00

73

Dye C.I. Solvent Blue 104 (CAS RN 116-75-6) with a purity of 97 % or more determined by high pressure liquid chromatography

0  %

31.12.2015

ex 3204 19 00

77

Dye C.I. Solvent Yellow 98 (CAS RN 27870-92-4)

0  %

31.12.2016

ex 3204 19 00

84

Dye C.I. Solvent Blue 67 (CAS RN 12226-78-7)

0  %

31.12.2017

ex 3204 19 00

85

Dye C.I. Solvent Red HPR

0  %

31.12.2017

ex 3204 20 00

20

Dye C.I. Fluorescent Brightener 71 (CAS RN 16090-02-1)

0  %

31.12.2016

ex 3204 20 00

30

Dye C.I. Fluorescent Brightener 351 (CAS RN 38775-22-3)

0  %

31.12.2016

ex 3204 20 00

40

Disodium 5-[[4-anilino-6-[2-hydroxyethyl(methyl)amino]-1,3,5-triazin-2-yl]amino]-2-[(E)-2-[4-[[4-anilino-6-[2-hydroxyethyl(methyl)amino]-1,3,5-triazin-2-yl]amino]-2-sulfonatophenyl]ethenyl]benzenesulphonate (CAS RN 13863-31-5)

0  %

31.12.2018

ex 3205 00 00

10

Aluminium lakes prepared from dyes for use in the manufacture of pigments for the pharmaceutical industry (1)

0  %

31.12.2018

ex 3205 00 00

20

Dye C.I. Carbon Black 7 Lake

0  %

31.12.2016

ex 3206 11 00

10

Titanium dioxide coated with isopropoxytitanium triisostearate, containing by weight 1,5 % or more but not more than 2,5 % of isopropoxytitanium triisostearate

0  %

31.12.2018

ex 3206 19 00

10

Preparation containing by weight:

| — | 72 % (± 2 %) of mica (CAS RN 12001-26-2) and |
| --- | --- |

—

72 % (± 2 %) of mica (CAS RN 12001-26-2) and

| — | 28 % (± 2 %) of titanium dioxide (CAS RN 13463-67-7) |
| --- | --- |

—

28 % (± 2 %) of titanium dioxide (CAS RN 13463-67-7)

0  %

31.12.2016

ex 3206 42 00

10

Lithopone (CAS RN 1345-05-7)

0  %

31.12.2018

3206 50 00

Inorganic products of a kind used as luminophores

0  %

31.12.2018

ex 3207 30 00

10

Preparation containing:

| — | not more than 85 % by weight of silver, |
| --- | --- |

—

not more than 85 % by weight of silver,

| — | not less than 2 % by weight of palladium, |
| --- | --- |

—

not less than 2 % by weight of palladium,

| — | barium titanate, |
| --- | --- |

—

barium titanate,

| — | terpineol, and |
| --- | --- |

—

terpineol, and

| — | ethyl cellulose, |
| --- | --- |

—

ethyl cellulose,

used for screen printing in the manufacture of multilayer ceramic capacitors (1)

0  %

31.12.2018

ex 3207 40 85

20

Glass flakes coated with silver, of an average diameter of 40 (± 10) μm

0  %

31.12.2018

ex 3207 40 85

40

Glass flakes (CAS RN 65997-17-3):

| — | of a thickness of 0,3 μm or more but not more than 10 μm, and |
| --- | --- |

—

of a thickness of 0,3 μm or more but not more than 10 μm, and

| — | coated with titanium dioxide (CAS RN 13463-67-7) or iron oxide (CAS RN 18282-10-5) |
| --- | --- |

—

coated with titanium dioxide (CAS RN 13463-67-7) or iron oxide (CAS RN 18282-10-5)

0  %

31.12.2017

ex 3208 10 90

ex 3707 90 90

10

60

Anti-reflection coating, consisting of an ester based polymer modified with a chromophore group, in the form of a solution of either 2-methoxy-1-propanol, 2-methoxy-1-methylethyl acetate or methyl-2-hydroxyisobutyrate, containing by weight not more than 10 % of polymer

0  %

31.12.2018

ex 3208 20 10

10

Copolymer of N-vinylcaprolactam, N-vinyl-2-pyrrolidone and dimethylaminoethyl methacrylate, in the form of a solution in ethanol containing by weight 34 % or more but not more than 40 % of copolymer

0  %

31.12.2018

ex 3208 20 10

20

Immersion topcoat solution containing by weight 0,5 % or more but not more than 15 % of acrylate-methacrylate-alkenesulphonate copolymers with fluorinated side chains, in a solution of n-butanol and/or 4-methyl-2-pentanol and/or diisoamylether

0  %

31.12.2018

ex 3208 90 19

10

Copolymer of maleic acid and methyl vinyl ether, monoesterified with ethyl and/or isopropyl and/or butyl groups, in the form of a solution in ethanol, ethanol and butanol, isopropanol or isopropanol and butanol

0  %

31.12.2018

ex 3208 90 19

ex 3902 90 90

15

94

Modified, chlorinated polyolefins, whether or not in a solution or dispersion

0  %

31.12.2018

ex 3208 90 19

ex 3208 90 91

25

20

Tetrafluoroethylene copolymer in butylacetate solution with a content of solvent of 50 % (± 2 %) by weight

0  %

31.12.2017

ex 3208 90 19

35

Silicones containing 50 % by weight or more of xylene of a kind used for the manufacture of long term surgical implants

0  %

31.12.2018

ex 3208 90 19

40

Polymer of methylsiloxane, in the form of a solution in a mixture of acetone, butanol, ethanol and isopropanol, containing by weight 5 % or more but not more than 11 % of polymer of methylsiloxane

0  %

31.12.2018

ex 3208 90 19

50

Solution containing by weight:

| — | (65 ± 10) % of γ-butyrolactone, |
| --- | --- |

—

(65 ± 10) % of γ-butyrolactone,

| — | (30 ± 10) % of polyamide resin, |
| --- | --- |

—

(30 ± 10) % of polyamide resin,

| — | (3,5 ± 1,5) % of naphthoquinone ester derivative and |
| --- | --- |

—

(3,5 ± 1,5) % of naphthoquinone ester derivative and

| — | (1,5 ± 0,5) % of arylsilicic acid |
| --- | --- |

—

(1,5 ± 0,5) % of arylsilicic acid

0  %

31.12.2018

ex 3208 90 19

60

Copolymer of hydroxystyrene with one or more of the following:

| — | styrene |
| --- | --- |

—

styrene

| — | alkoxystyrene |
| --- | --- |

—

alkoxystyrene

| — | alkylacrylates |
| --- | --- |

—

alkylacrylates

dissolved in ethyl lactate

0  %

31.12.2016

ex 3208 90 19

75

Acenaphthalene copolymer in ethyl lactate solution

0  %

31.12.2017

ex 3208 90 99

10

Solution based on chemically modified natural polymers, containing two or more of the following dyes:

| — | methyl 8′-acetoxy-1,3,3,5,6-pentamethyl-2,3-dihydrospiro[1H-indole-2,3′-naphtho[2,1-b][1,4]oxazine]-9′-carboxylate, |
| --- | --- |

—

methyl 8′-acetoxy-1,3,3,5,6-pentamethyl-2,3-dihydrospiro[1H-indole-2,3′-naphtho[2,1-b][1,4]oxazine]-9′-carboxylate,

| — | methyl 6-(isobutyryloxy)-2,2-diphenyl-2H-benzo[h]chromene-5-carboxylate, |
| --- | --- |

—

methyl 6-(isobutyryloxy)-2,2-diphenyl-2H-benzo[h]chromene-5-carboxylate,

| — | 13-isopropyl-3,3-bis(4-methoxyphenyl)-6,11-dimethyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromen-13-ol, |
| --- | --- |

—

13-isopropyl-3,3-bis(4-methoxyphenyl)-6,11-dimethyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromen-13-ol,

| — | ethoxycarbonylmethyl 8-methyl-2,2-diphenyl-2H-benzo[h]chromene-5-carboxylate, |
| --- | --- |

—

ethoxycarbonylmethyl 8-methyl-2,2-diphenyl-2H-benzo[h]chromene-5-carboxylate,

| — | 13-ethyl-3-[4-(morpholino)phenyl]-3-phenyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromen-13-ol |
| --- | --- |

—

13-ethyl-3-[4-(morpholino)phenyl]-3-phenyl-3,13-dihydrobenzo[h]indeno[2,1-f]chromen-13-ol

0  %

31.12.2018

ex 3215 11 00

ex 3215 19 00

10

10

Printing ink, liquid, consisting of a dispersion of a vinyl acrylate copolymer and colour pigments in isoparaffins, containing by weight not more than 13 % of vinyl acrylate copolymer and colour pigments

0  %

31.12.2018

ex 3215 19 00

20

Ink:

| — | consisting of a polyester polymer and a dispersion of silver (CAS RN 7440-22-4) and silver chloride (CAS RN 7783-90-6) in methyl propyl ketone (CAS RN 107-87-9), |
| --- | --- |

—

consisting of a polyester polymer and a dispersion of silver (CAS RN 7440-22-4) and silver chloride (CAS RN 7783-90-6) in methyl propyl ketone (CAS RN 107-87-9),

| — | with a total solid content by weight of 55 % or more, but not more than 57 %, and |
| --- | --- |

—

with a total solid content by weight of 55 % or more, but not more than 57 %, and

| — | with a specific gravity of 1,40 g/cm3 or more, but not more than 1,60 g/cm3, |
| --- | --- |

—

with a specific gravity of 1,40 g/cm3 or more, but not more than 1,60 g/cm3,

used to imprint electrodes (1)

0  %

31.12.2017

ex 3215 90 00

10

Ink formulation, for use in the manufacture of ink-jet cartridges (1)

0  %

31.12.2018

ex 3215 90 00

20

Heat sensitive ink fixed on a plastic film

0  %

31.12.2018

ex 3215 90 00

30

Disposable cartridge ink, containing by weight:

| — | 5 % or more, but not more than 10 % of amorphous silicon dioxide or |
| --- | --- |

—

5 % or more, but not more than 10 % of amorphous silicon dioxide or

| — | 3,8 % or more of dye C.I. Solvent Black 7 in organic solvents |
| --- | --- |

—

3,8 % or more of dye C.I. Solvent Black 7 in organic solvents

for use in the marking of integrated circuits (1)

0  %

31.12.2018

ex 3215 90 00

40

Dry ink powder with a base of hybrid resin (made from polystyrene acrylic resin and polyester resin) mixed with:

| — | wax; |
| --- | --- |

—

wax;

| — | a vinyl-based polymer and |
| --- | --- |

—

a vinyl-based polymer and

| — | a colouring agent |
| --- | --- |

—

a colouring agent

for use in the manufacture of toner bottles for photocopiers, fax machines, printers and multifunction devices (1)

0  %

31.12.2015

3301 12 10

Essential oil of orange, not deterpenated

0  %

31.12.2018

ex 3402 11 90

10

Sodium lauroyl methyl isethionate

0  %

31.12.2015

ex 3402 13 00

10

Vinyl copolymer surface active agent based on polypropylene glycol

0  %

31.12.2018

ex 3402 13 00

20

Surfactant containing 1,4-dimethyl-1,4-bis(2-methylpropyl)-2-butyne-1,4-diyl ether, polymerised with oxirane, methyl terminated

0  %

31.12.2017

ex 3402 13 00

30

Polyoxyethylated-12-hydroxystearic acid (CAS RN 70142–34–6)

0  %

31.12.2018

ex 3402 90 10

20

Mixture of docusate sodium (INN) and sodium benzoate

0  %

31.12.2018

ex 3402 90 10

30

Surface-active preparation, consisting of a mixture of sodium docusate and ethoxylated 2,4,7,9-tetramethyldec-5-yne-4,7-diol (CAS RN 577-11-7 and 9014-85-1)

0  %

31.12.2015

ex 3402 90 10

50

Surface-active preparation, consisting of a mixture of polysiloxane and poly(ethylene glycol)

0  %

31.12.2015

ex 3402 90 10

60

Surface-active preparation, containing 2-ethylhexyloxymethyl oxirane

0  %

31.12.2014

ex 3402 90 10

70

Surface-active preparation, containing ethoxylated 2,4,7,9-tetramethyl-5-decyne-4,7-diol (CAS RN 9014-85-1)

0  %

31.12.2014

ex 3403 99 00

10

Cutting-fluid preparation based on an aqueous solution of synthetic polypeptides

0  %

31.12.2018

ex 3504 00 90

10

Avidin (CAS RN 1405-69-2)

0  %

31.12.2014

ex 3505 10 50

20

O-(2-Hydroxyethyl)-derivative of hydrolysed maize starch (CAS RN 9005-27-0)

0  %

31.12.2018

ex 3506 91 00

10

Adhesive based on an aqueous dispersion of a mixture of dimerised rosin and a copolymer of ethylene and vinyl acetate (EVA)

0  %

31.12.2018

ex 3506 91 00

30

Two component microencapsulated epoxy adhesive dispersed in a solvent

0  %

31.12.2018

ex 3506 91 00

40

Acrylic pressure sensitive adhesive with a thickness of 0,076 mm or more but not more than 0,127 mm, put up in rolls of a width of 45,7 cm or more but not more than 132 cm supplied on a release liner with an initial peel adhesion release value of not less than 15 N/25 mm (measured according to ASTM D3330)

0  %

31.12.2014

ex 3601 00 00

10

Pyrotechnical powder in the form of granulate of cylindrical shape, composed of strontium nitrate or copper nitrate in the solution of nitroguanidine, binder and additives, used as a component of airbag inflators (1)

0  %

31.12.2016

ex 3701 30 00

10

Relief printing plate, of a kind used for printing on newsprint, consisting of a metal substrate coated with a photopolymer layer of a thickness of 0,2 mm or more but not more than 0,8 mm, not covered with a release film, of a total thickness of not more than 1 mm

0  %

31.12.2018

ex 3701 30 00

20

Photosensitive plate consisting of a photopolymer layer on a polyester foil of a total thickness of more than 0,43 mm but not more than 3,18 mm

0  %

31.12.2014

ex 3701 99 00

10

Plate of quartz or of glass, covered with a film of chromium and coated with a photosensitive or electron-sensitive resin, ofa kind used forgoods of heading 8541 or 8542

0  %

01.07.2014

ex 3705 90 90

10

Photomasks for photographically transferring circuit diagram patterns onto semiconductor wafers

0  %

31.12.2014

ex 3707 10 00

10

Photosensitive emulsion for the sensitization of silicon discs (1)

0  %

31.12.2018

ex 3707 10 00

15

Sensitising emulsion consisting of:

| — | by weight not more than 12 % of diazooxonapthtalenesulphonic acid ester |
| --- | --- |

—

by weight not more than 12 % of diazooxonapthtalenesulphonic acid ester

| — | phenolic resins |
| --- | --- |

—

phenolic resins

in a solution containing at least 2-methoxy-1-methylethyl acetate or ethyl lactate or methyl 3-methoxypropionate or 2-heptanone

0  %

31.12.2018

ex 3707 10 00

25

Sensitising emulsion containing:

| — | phenolic or acrylic resins |
| --- | --- |

—

phenolic or acrylic resins

| — | a maximum 2 % by weight of light sensitive acid precursor, |
| --- | --- |

—

a maximum 2 % by weight of light sensitive acid precursor,

in a solution containing 2-methoxy-1-methylethyl acetate or ethyl lactate

0  %

31.12.2018

ex 3707 10 00

30

Preparation based on photosensitive acrylic containing polymer, containing colour pigments, 2-methoxy-1-methylethylacetate and cyclohexanone and whether or not containing ethyl-3-ethoxypropionate

0  %

31.12.2018

ex 3707 10 00

ex 3707 90 90

35

70

Sensitising emulsion or preparation containing one or more of:

| — | acrylate polymers, |
| --- | --- |

—

acrylate polymers,

| — | methacrylate polymers, |
| --- | --- |

—

methacrylate polymers,

| — | derivatives of styrene polymers, |
| --- | --- |

—

derivatives of styrene polymers,

containing by weight not more than 7 % of photosensitive acid precursors, dissolved in an organic solvent containing at least 2-methoxy-1-methylethyl acetate

0  %

31.12.2016

ex 3707 10 00

40

Sensitising emulsion, containing:

| — | not more than 10 % by weight of naphthoquinonediazide esters, |
| --- | --- |

—

not more than 10 % by weight of naphthoquinonediazide esters,

| — | 2 % or more but not more than 20 % by weight of copolymers of hydroxystyrene |
| --- | --- |

—

2 % or more but not more than 20 % by weight of copolymers of hydroxystyrene

| — | not more than 7 % by weight of epoxy-containing derivatives |
| --- | --- |

—

not more than 7 % by weight of epoxy-containing derivatives

dissolved in 1-ethoxy-2-propyl acetate and/or ethyl lactate

0  %

31.12.2016

ex 3707 10 00

45

Photosensitive emulsion consisting of cyclized polyisoprene containing:

| — | 55 % or more but not more than 75 % by weight of xylene and |
| --- | --- |

—

55 % or more but not more than 75 % by weight of xylene and

| — | 12 % or more but not more than 18 % by weight of ethylbenzene |
| --- | --- |

—

12 % or more but not more than 18 % by weight of ethylbenzene

0  %

31.12.2014

ex 3707 10 00

50

Photosensitive emulsion containing by weight:

| — | 20 % or more but not more than 45 % of copolymers of acrylates and/or methacrylates and hydroxystyrene derivatives, |
| --- | --- |

—

20 % or more but not more than 45 % of copolymers of acrylates and/or methacrylates and hydroxystyrene derivatives,

| — | 25 % or more but not more than 50 % of organic solvent containing at least ethyl lactate and/or propylene glycolmethylether acetate, |
| --- | --- |

—

25 % or more but not more than 50 % of organic solvent containing at least ethyl lactate and/or propylene glycolmethylether acetate,

| — | 5 % or more but not more than 30 % of acrylates, |
| --- | --- |

—

5 % or more but not more than 30 % of acrylates,

| — | not more than 12 % of a photoinitiator |
| --- | --- |

—

not more than 12 % of a photoinitiator

0  %

31.12.2014

ex 3707 10 00

55

Dielectric coating, buffering mechanical stress, consisting of a radically photopatternable polyamide-precursor with unsaturated carbon in the side-chains which is convertible into a polyimide, in form of a solution from N-methyl-2-pyrrolidone or N-ethyl-2-pyrrolidon with a polymer content by weight 10 % or more

0  %

31.12.2018

ex 3707 90 20

10

Dry ink powder or toner blend, consisting of a copolymer of styrene and butyl acrylate and either magnetite or carbon black, for use as a developer in the manufacture of cartridges for facsimile machines, computer printers or copiers (1)

0  %

31.12.2018

ex 3707 90 20

20

Dry ink powder or toner blend, based on a polyol resin, for use as a developer in the manufacture of cartridges for facsimile machines, computer printers or copiers (1)

0  %

31.12.2018

ex 3707 90 20

40

Dry ink powder or toner blend, based on a polyester resin, manufactured by a polymerisation process, for use as a developer in the manufacture of cartridges for facsimile machines, computer printers or copiers (1)

0  %

31.12.2018

ex 3707 90 20

50

Dry ink powder or toner blend, consisting of:

| — | styrene acrylate/butadiene copolymer |
| --- | --- |

—

styrene acrylate/butadiene copolymer

| — | either carbon black or an organic pigment |
| --- | --- |

—

either carbon black or an organic pigment

| — | whether or not containing polyolefin or amorphous silica |
| --- | --- |

—

whether or not containing polyolefin or amorphous silica

for use as a developer in the manufacturing of ink/toner filled bottles or cartridges for facsimile machines, computer printers and copiers (1)

0  %

31.12.2017

ex 3707 90 90

10

Anti-reflection coating, consisting of a modified methacrylic polymer, containing by weight not more than 10 % of polymer, in a solution in two or three of the following substances:

| — | 2-methoxy-1-methylethyl acetate (CAS RN 108-65-6) |
| --- | --- |

—

2-methoxy-1-methylethyl acetate (CAS RN 108-65-6)

| — | 1-methoxypropan-2-ol (CAS RN 107-98-2) |
| --- | --- |

—

1-methoxypropan-2-ol (CAS RN 107-98-2)

| — | ethyl lactate (CAS RN 97-64-3) |
| --- | --- |

—

ethyl lactate (CAS RN 97-64-3)

0  %

31.12.2018

ex 3707 90 90

40

Anti-reflection coating, in the form of an aqueous solution, containing by weight not more than:

| — | 2 % of halogen-free alkyl sulphonic acid, and |
| --- | --- |

—

2 % of halogen-free alkyl sulphonic acid, and

| — | 5 % of a fluorinated polymer |
| --- | --- |

—

5 % of a fluorinated polymer

0  %

31.12.2014

ex 3707 90 90

80

Anti-reflection coating, consisting of either a siloxane polymer or an organic polymer having a phenolic hydroxy group modified with a chromophore group, in the form of a solution of an organic solvent containing either 1-ethoxy-2-propanol or 2-methoxy-1-methylethyl acetate containing by weight not more than 10 % of polymer

0  %

31.12.2015

ex 3707 90 90

85

Rolls, containing:

| — | a dry layer of a photosensitive acrylic resin, |
| --- | --- |

—

a dry layer of a photosensitive acrylic resin,

| — | on one side a poly(ethylene terephthalate) protecting foil and |
| --- | --- |

—

on one side a poly(ethylene terephthalate) protecting foil and

| — | on the other side a polyethylene protecting foil |
| --- | --- |

—

on the other side a polyethylene protecting foil

0  %

31.12.2014

ex 3801 90 00

10

Expandable graphite (CAS RN 90387-90-9 and CAS RN 12777-87-6)

0  %

31.12.2016

ex 3802 90 00

11

Soda flux calcinated diatomaceous earth, acid washed, for use as a filter aid in the manufacture of pharmaceutical and/or biochemical products (1)

0  %

31.12.2017

3805 90 10

Pine oil

1,7  %

31.12.2018

ex 3806 10 00

ex 3909 40 00

20

50

Rosin modified phenolic resin,

| — | containing 60 % or more but not more than 75 % by weight of rosin, |
| --- | --- |

—

containing 60 % or more but not more than 75 % by weight of rosin,

| — | with an acid value of not more than 25, |
| --- | --- |

—

with an acid value of not more than 25,

of a kind used in offset printing

0  %

31.12.2016

ex 3808 91 90

10

Indoxacarb (ISO) and its (R) isomer, fixed on a support of silicon dioxide

0  %

31.12.2018

ex 3808 91 90

30

Preparation containing endospores or spores and protein crystals derived from either:

| — | Bacillus thuringiensis Berliner subsp. aizawai and kurstaki or, |
| --- | --- |

—

Bacillus thuringiensis Berliner subsp. aizawai and kurstaki or,

| — | Bacillus thuringiensis subsp. kurstaki or, |
| --- | --- |

—

Bacillus thuringiensis subsp. kurstaki or,

| — | Bacillus thuringiensis subsp. israelensis or, |
| --- | --- |

—

Bacillus thuringiensis subsp. israelensis or,

| — | Bacillus thuringiensis subsp. aizawai or, |
| --- | --- |

—

Bacillus thuringiensis subsp. aizawai or,

| — | Bacillus thuringiensis subsp. tenebrionis |
| --- | --- |

—

Bacillus thuringiensis subsp. tenebrionis

0  %

31.12.2014

ex 3808 91 90

40

Spinosad (ISO)

0  %

31.12.2018

ex 3808 91 90

60

Spinetoram (ISO) (CAS RN 935545-74-7), preparation of two spinosyn components (3′-ethoxy-5,6-dihydro spinosyn J) and (3′-ethoxy- spinosyn L)

0  %

31.12.2017

ex 3808 92 90

10

Fungicide in the form of a powder, containing by weight 65 % or more but not more than 75 % of hymexazole (ISO), not put up for retail sale

0  %

31.12.2018

ex 3808 92 90

30

Preparation consisting of a suspension of pyrithione zinc (INN) in water, containing by weight:

| — | 24 % or more but not more than 26 % of pyrithione zinc (INN), or |
| --- | --- |

—

24 % or more but not more than 26 % of pyrithione zinc (INN), or

| — | 39 % or more but not more than 41 % of pyrithione zinc (INN) |
| --- | --- |

—

39 % or more but not more than 41 % of pyrithione zinc (INN)

0  %

31.12.2018

ex 3808 92 90

50

Preparations based on copper pyrithione (CAS RN 14915-37-8)

0  %

31.12.2014

ex 3808 93 15

10

Preparation based on a concentrate containing by weight 45 % or more but not more than 55 % of the active herbicidal ingredient Penoxsulam as an aqueous suspension

0  %

31.12.2017

ex 3808 93 23

10

Herbicide containing flazasulfuron (ISO) as an active ingredient

0  %

31.12.2014

ex 3808 93 27

40

Preparation, consisting of a suspension of tepraloxydim (ISO), containing by weight:

| — | 30 % or more of tepraloxydim (ISO) and |
| --- | --- |

—

30 % or more of tepraloxydim (ISO) and

| — | not more than 70 % of a petroleum fraction consisting of aromatic hydrocarbons |
| --- | --- |

—

not more than 70 % of a petroleum fraction consisting of aromatic hydrocarbons

0  %

31.12.2016

ex 3808 93 90

10

Preparation, in the form of granules, containing by weight:

| — | 38,8 % or more but not more than 41,2 % of Gibberellin A3, or |
| --- | --- |

—

38,8 % or more but not more than 41,2 % of Gibberellin A3, or

| — | 9,5 % or more but not more than 10,5 % of Gibberellin A4 and A7 |
| --- | --- |

—

9,5 % or more but not more than 10,5 % of Gibberellin A4 and A7

0  %

31.12.2014

ex 3808 93 90

20

Preparation consisting of benzyl(purin-6-yl)amine in a glycol solution, containing by weight:

| — | 1,88 % or more but not more than 2,00 % of benzyl(purin-6-yl)amine |
| --- | --- |

—

1,88 % or more but not more than 2,00 % of benzyl(purin-6-yl)amine

of a kind used in plant growth regulators

0  %

31.12.2015

ex 3808 93 90

30

Aqueous solution containing by weight:

| — | 1,8 % of sodium para-nitrophenolate, |
| --- | --- |

—

1,8 % of sodium para-nitrophenolate,

| — | 1,2 % of sodium ortho-nitrophenolate, |
| --- | --- |

—

1,2 % of sodium ortho-nitrophenolate,

| — | 0,6 % of sodium 5-nitroguaiacolate |
| --- | --- |

—

0,6 % of sodium 5-nitroguaiacolate

for use in the manufacture of a plant growth regulator (1)

0  %

31.12.2015

ex 3808 93 90

40

Mixed white powder containing by weight:

| — | 3 % or more but not more than 3,6 % of 1-methylcyclopropene with a purity more than 96 % and |
| --- | --- |

—

3 % or more but not more than 3,6 % of 1-methylcyclopropene with a purity more than 96 % and

| — | containing less than 0,05 % of each impurity of 1-chloro-2-methylpropene and 3-chloro-2-methylpropene |
| --- | --- |

—

containing less than 0,05 % of each impurity of 1-chloro-2-methylpropene and 3-chloro-2-methylpropene

for use in the manufacture of a growth regulator of post-harvest fruits, vegetables and ornamentals with a specific generator (1)

0  %

31.12.2015

ex 3808 93 90

50

Preparation in the form of powder, containing by weight:

| — | 55 % or more of Gibberellin A4, |
| --- | --- |

—

55 % or more of Gibberellin A4,

| — | 1 % or more but not more than 35 % of Gibberellin A7, |
| --- | --- |

—

1 % or more but not more than 35 % of Gibberellin A7,

| — | 90 % or more of Gibberellin A4 and Gibberellin A7 combined |
| --- | --- |

—

90 % or more of Gibberellin A4 and Gibberellin A7 combined

| — | not more than 10 % of a combination of water and other naturally occurring Gibberellins |
| --- | --- |

—

not more than 10 % of a combination of water and other naturally occurring Gibberellins

of a kind used in plant growth regulators

0  %

31.12.2015

ex 3808 99 90

10

Oxamyl (ISO) (CAS RN 23135-22-0) in a solution of cyclohexanone and water

0  %

31.12.2015

ex 3808 99 90

20

Abamectin (ISO) (CAS RN 71751-41-2)

0  %

31.12.2018

ex 3809 91 00

10

Mixture of 5-ethyl-2-methyl-2-oxo-1,3,2λ
  5-dioxaphosphoran-5-ylmethyl methyl methylphosphonate and bis(5-ethyl-2-methyl-2-oxo-1,3,2λ
  5-dioxaphosphoran-5-ylmethyl) methylphosphonate

0  %

31.12.2018

ex 3809 92 00

20

Defoamer, consisting of a mixture of oxydipropanol and 2,5,8,11-tetramethyldodec-6-yn-5,8-diol

0  %

31.12.2014

ex 3810 10 00

10

Soldering or welding paste, consisting of a mixture of metals and resin containing by weight:

| — | 70 % or more, but not more than 90 % of tin |
| --- | --- |

—

70 % or more, but not more than 90 % of tin

| — | not more than 10 % of one or more metals of silver, copper, bismuth, zinc, or indium |
| --- | --- |

—

not more than 10 % of one or more metals of silver, copper, bismuth, zinc, or indium

for use in the electro technical industry (1)

0  %

31.12.2018

ex 3811 19 00

10

Solution of more than 61 % but not more than 63 % by weight of methylcyclopentadienyl manganese tricarbonyl in an aromatic hydrocarbon solvent, containing by weight not more than:

| — | 4,9 % of 1,2,4-trimethyl-benzene, |
| --- | --- |

—

4,9 % of 1,2,4-trimethyl-benzene,

| — | 4,9 % of naphthalene, and |
| --- | --- |

—

4,9 % of naphthalene, and

| — | 0,5 % of 1,3,5-trimethyl-benzene |
| --- | --- |

—

0,5 % of 1,3,5-trimethyl-benzene

0  %

31.12.2014

ex 3811 21 00

10

Salts of dinonylnaphthalenesulphonic acid, in the form of a solution in mineral oils

0  %

31.12.2018

ex 3811 21 00

20

Additives for lubricating oils, based on complex organic molybdenum compounds, in the form of a solution in mineral oil

0  %

31.12.2018

ex 3811 21 00

30

Additives for lubricating oils, containing mineral oils, consisting of calcium salts of reaction products of polyisobutylene substituted phenol with salicylic acid and formaldehyde, used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 21 00

40

Additives for lubricating oils, containing mineral oils, based on a mixture of dodecylphenol sulphide calcium salts (CAS RN 68784-26-9), used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 21 00

50

Additives for lubricating oils,

| — | based on calcium C16-24 alkylbenzenesulphonates (CAS RN 70024-69-0), |
| --- | --- |

—

based on calcium C16-24 alkylbenzenesulphonates (CAS RN 70024-69-0),

| — | containing mineral oils, |
| --- | --- |

—

containing mineral oils,

used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 21 00

60

Additives for lubricating oils, containing mineral oils,

| — | based on calcium polypropylenyl substituted benzenesulphonate (CAS RN 75975-85-8) with a content by weight of 25 % or more but not more than 35 %, |
| --- | --- |

—

based on calcium polypropylenyl substituted benzenesulphonate (CAS RN 75975-85-8) with a content by weight of 25 % or more but not more than 35 %,

| — | with a total base number (TBN) of 280 or more but not more than 320, |
| --- | --- |

—

with a total base number (TBN) of 280 or more but not more than 320,

used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 21 00

70

Additives for lubricating oils,

| — | containing polyisobutylene succinimide derived from reaction products of polyethylenepolyamines with polyisobutenyl succinic anhydride (CAS RN 84605-20-9), |
| --- | --- |

—

containing polyisobutylene succinimide derived from reaction products of polyethylenepolyamines with polyisobutenyl succinic anhydride (CAS RN 84605-20-9),

| — | containing mineral oils, |
| --- | --- |

—

containing mineral oils,

| — | with a chlorine content by weight of 0,05 % or more but not more than 0,25 %, |
| --- | --- |

—

with a chlorine content by weight of 0,05 % or more but not more than 0,25 %,

| — | with a total base number (TBN) of more than 20, |
| --- | --- |

—

with a total base number (TBN) of more than 20,

used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 29 00

20

Additives for lubricating oils, consisting of reaction products of bis(2-methylpentan-2-yl)dithiophosphoric acid with propylene oxide, phosphorus oxide, and amines with C12-14 alkyl chains, used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 29 00

30

Additives for lubricating oils, consisting of reaction products of butyl-cyclohex-3-enecarboxylate, sulphur and triphenyl phosphite (CAS RN 93925-37-2), used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 29 00

40

Additives for lubricating oils, consisting of reaction products of 2-methyl-prop-1-ene with sulphur monochloride and sodium sulphide (CAS RN 68511-50-2), with a chlorine content by weight of 0,05 % or more but not more than 0,5 %, used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 29 00

50

Additives for lubricating oils, consisting of a mixture of N,N-dialkyl -2-hydroxyacetamides with alkyl chain lengths between 12 and 18 carbon atoms (CAS RN 866259-61-2), used as a concentrated additive for the manufacture of engine oils through a blending process

0  %

31.12.2017

ex 3811 90 00

10

Dinonylnaphthylsulphonic acid salt, in a mineral oil solution

0  %

31.12.2018

ex 3811 90 00

40

Solution of a quaternary ammonium salt based on polyisobutenyl succinimide, containing by weight 20 % or more but not more than 29,9 % 2-ethylhexanol

0  %

31.12.2017

ex 3812 10 00

10

Rubber accelerator based on diphenyl guanidine granules (CAS RN 102-06-7)

0  %

31.12.2016

ex 3812 20 90

10

Plasticizer, containing:

| — | bis(2-ethylhexyl)-1,4-benzene dicarboxylate (CAS RN 6422-86-2) |
| --- | --- |

—

bis(2-ethylhexyl)-1,4-benzene dicarboxylate (CAS RN 6422-86-2)

| — | more than 10 % but not more than 60 % by weight of dibutylterephthalate (CAS RN 1962-75-0) |
| --- | --- |

—

more than 10 % but not more than 60 % by weight of dibutylterephthalate (CAS RN 1962-75-0)

0  %

31.12.2018

ex 3812 30 80

20

Mixture containing predominantly bis(2,2,6,6-tetramethyl-1-octyloxy-4-piperidyl) sebacate

0  %

31.12.2018

ex 3812 30 80

25

UV photo stabiliser containing:

| — | α-[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-ω-hydroxypoly(oxy-1,2-ethanediyl) (CAS RN 104810-48-2); |
| --- | --- |

—

α-[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-ω-hydroxypoly(oxy-1,2-ethanediyl) (CAS RN 104810-48-2);

| — | α-[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-ω-[3-[3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropoxy]poly (oxy-1,2-ethanediyl) (CAS RN 104810-47-1); |
| --- | --- |

—

α-[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-ω-[3-[3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropoxy]poly (oxy-1,2-ethanediyl) (CAS RN 104810-47-1);

| — | polyethylene glycol of a weight average molecular weight (Mw) of 300 (CAS RN 25322-68-3) |
| --- | --- |

—

polyethylene glycol of a weight average molecular weight (Mw) of 300 (CAS RN 25322-68-3)

| — | bis (1,2,2,6,6-pentamethyl-4-piperidyl)sebacate (CAS RN 41556-26-7), and |
| --- | --- |

—

bis (1,2,2,6,6-pentamethyl-4-piperidyl)sebacate (CAS RN 41556-26-7), and

| — | methyl-1,2,2,6,6-pentamethyl-4- piperidyl sebacate (CAS RN 82919-37-7) |
| --- | --- |

—

methyl-1,2,2,6,6-pentamethyl-4- piperidyl sebacate (CAS RN 82919-37-7)

0  %

31.12.2018

ex 3812 30 80

30

Compound stabilisers containing by weight 15 % or more but not more than 40 % of sodium perchlorate and not more than 70 % of 2-(2-methoxyethoxy)ethanol

0  %

31.12.2014

ex 3812 30 80

35

Mixture containing by weight:

| — | 25 % or more but not more than 50 % of a mixture of C15-18 tetramethylpiperidinyl esters (CAS RN 86403-32-9) |
| --- | --- |

—

25 % or more but not more than 50 % of a mixture of C15-18 tetramethylpiperidinyl esters (CAS RN 86403-32-9)

| — | not more than 20 % of other organic compounds |
| --- | --- |

—

not more than 20 % of other organic compounds

| — | on a carrier of polypropylene (CAS RN 9003-07-0) |
| --- | --- |

—

on a carrier of polypropylene (CAS RN 9003-07-0)

0  %

31.12.2018

ex 3812 30 80

40

Mixture of:

| — | 80 % (± 10 %) by weight of 2-ethylhexyl 10-ethyl-4,4-dimethyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate, and |
| --- | --- |

—

80 % (± 10 %) by weight of 2-ethylhexyl 10-ethyl-4,4-dimethyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate, and

| — | 20 % (± 10 %) by weight of 2-ethylhexyl 10-ethyl-4-[[2-[(2-ethylhexyl)oxy]-2-oxoethyl]thio]-4-methyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate |
| --- | --- |

—

20 % (± 10 %) by weight of 2-ethylhexyl 10-ethyl-4-[[2-[(2-ethylhexyl)oxy]-2-oxoethyl]thio]-4-methyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate

0  %

31.12.2018

ex 3812 30 80

55

UV-stabilizer, containing:

| — | 2-(4,6-bis(2,4-dimethylphenyl)-1,3,5-triazin-2-yl)-5-(octyloxy)-phenol (CAS RN 2725-22-6) and |
| --- | --- |

—

2-(4,6-bis(2,4-dimethylphenyl)-1,3,5-triazin-2-yl)-5-(octyloxy)-phenol (CAS RN 2725-22-6) and

| — | either N,N′-bis(1,2,2,6,6-pentamethyl-4-piperidinyl)-1,6-hexanediamine, polymer with 2,4- dichloro-6-(4-morpholinyl)-1,3,5-triazine (CAS RN 193098-40-7) or |
| --- | --- |

—

either N,N′-bis(1,2,2,6,6-pentamethyl-4-piperidinyl)-1,6-hexanediamine, polymer with 2,4- dichloro-6-(4-morpholinyl)-1,3,5-triazine (CAS RN 193098-40-7) or

| — | N,N′-bis(2,2,6,6-tetramethyl-4-piperidinyl)-1,6-hexanediamine, polymer with 2,4- dichloro-6-(4-morpholinyl)-1,3,5-triazine (CAS RN 82451-48-7) |
| --- | --- |

—

N,N′-bis(2,2,6,6-tetramethyl-4-piperidinyl)-1,6-hexanediamine, polymer with 2,4- dichloro-6-(4-morpholinyl)-1,3,5-triazine (CAS RN 82451-48-7)

0  %

31.12.2016

ex 3812 30 80

60

Light stabiliser, consisting of branched and linear alkyl esters of 3-(2H-Benzotriazolyl)-5-(1,1-di-methylethyl)-4-hydroxy-benzenepropanoic acid (CAS RN 127519-17-9)

0  %

31.12.2016

ex 3812 30 80

65

Stabiliser for plastic material containing:

| — | 2-ethylhexyl 10-ethyl-4,4-dimethyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (CAS RN 57583-35-4), |
| --- | --- |

—

2-ethylhexyl 10-ethyl-4,4-dimethyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (CAS RN 57583-35-4),

| — | 2-ethylhexyl 10-ethyl-4-[[2-[(2-ethylhexyl)oxy]-2-oxoethyl]thio]-4-methyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (CAS RN 57583-34-3), and |
| --- | --- |

—

2-ethylhexyl 10-ethyl-4-[[2-[(2-ethylhexyl)oxy]-2-oxoethyl]thio]-4-methyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (CAS RN 57583-34-3), and

| — | 2-ethylhexyl mercaptoacetate (CAS RN 7659-86-1) |
| --- | --- |

—

2-ethylhexyl mercaptoacetate (CAS RN 7659-86-1)

0  %

31.12.2016

ex 3812 30 80

70

Light stabiliser containing:

| — | branched and linear alkyl esters of 3-(2H-benzotriazolyl)-5-(1,1-dimethylethyl)-4-hydroxybenzenepropanoic acid (CAS RN 127519-17-9), and |
| --- | --- |

—

branched and linear alkyl esters of 3-(2H-benzotriazolyl)-5-(1,1-dimethylethyl)-4-hydroxybenzenepropanoic acid (CAS RN 127519-17-9), and

| — | 1-methoxy-2-propyl acetate (CAS RN 108-65-6) |
| --- | --- |

—

1-methoxy-2-propyl acetate (CAS RN 108-65-6)

0  %

31.12.2016

ex 3812 30 80

75

N,N′-Bis(1,2,2,6,6-pentamethyl-4-piperidinyl)-1,6-hexanediamine, polymer with 2,4-dichloro-6-(4-morpholinyl)-1,3,5-triazine (CAS RN 193098-40-7)

0  %

31.12.2017

ex 3812 30 80

80

UV-stabilizer, consisting of:

| — | a hindered amine: N,N′-bis(1,2,2,6,6-pentamethyl-4-piperidinyl)-1,6-hexanediamine, polymer with 2,4- dichloro-6-(4-morpholinyl)-1,3,5-triazine (CAS RN 193098-40-7) and |
| --- | --- |

—

a hindered amine: N,N′-bis(1,2,2,6,6-pentamethyl-4-piperidinyl)-1,6-hexanediamine, polymer with 2,4- dichloro-6-(4-morpholinyl)-1,3,5-triazine (CAS RN 193098-40-7) and

| — | either an o-hydroxyphenyl triazine UV light absorber or |
| --- | --- |

—

either an o-hydroxyphenyl triazine UV light absorber or

| — | a chemically modified phenolic compound |
| --- | --- |

—

a chemically modified phenolic compound

0  %

31.12.2017

ex 3814 00 90

20

Mixture containing by weight:

| — | 69 % or more but not more than 71 % of 1-methoxypropan-2-ol, |
| --- | --- |

—

69 % or more but not more than 71 % of 1-methoxypropan-2-ol,

| — | 29 % or more but not more than 31 % of 2-methoxy-1-methylethyl acetate |
| --- | --- |

—

29 % or more but not more than 31 % of 2-methoxy-1-methylethyl acetate

0  %

31.12.2018

ex 3814 00 90

40

Azeotrope mixtures containing isomers of nonafluorobutyl methyl ether and/or nonafluorobutyl ethyl ether

0  %

31.12.2018

ex 3815 12 00

10

Catalyst, in the form of granules or rings of a diameter of 3 mm or more but not more than 10 mm, consisting of silver on an aluminium oxide support and containing by weight 8 % or more but not more than 40 % of silver

0  %

31.12.2018

ex 3815 19 90

10

Catalysts consisting of chromium trioxide, dichromium trioxide or organometallic compounds of chromium, fixed on a silicon dioxide support with a pore volume of 2 cm3/g or more (as determined by the nitrogen absorption method)

0  %

31.12.2016

ex 3815 19 90

15

Catalyst, in the form of a powder, consisting of a mixture of metal oxides fixed on a support of silicon dioxide, containing by weight 20 % or more but not more than 40 % of molybdenum, bismuth and iron evaluated together, for use in the manufacture of acrylonitrile (1)

0  %

31.12.2018

ex 3815 19 90

25

Catalyst in the form of spheres of a diameter of 4,2 mm or more but not more than 9 mm, consisting of a mixture of metal oxides containing predominantly oxides of molybdenum, nickel, cobalt and iron, on a support of aluminium oxide, for use in the manufacture of acrylic aldehyde (1)

0  %

31.12.2018

ex 3815 19 90

30

Catalyst containing titanium tetrachloride supported on magnesium dichloride, for use in the manufacture of polypropylene (1)

0  %

31.12.2018

ex 3815 19 90

40

Catalyst, in the form of spheres of a diameter of 4,2 mm or more but not more than 9 mm, consisting of a mixture of metals oxides containing predominantly oxides of molybdenum, vanadium and copper, on a support of silicon dioxide and/or aluminium oxide, for use in the manufacture of acrylic acid (1)

0  %

31.12.2018

ex 3815 19 90

60

Catalyst consisting of dichromium trioxide, fixed on a support of aluminium oxide

0  %

31.12.2014

ex 3815 19 90

65

Catalyst consisting of phosphoric acid chemically bonded to a support of silicon dioxide

0  %

31.12.2018

ex 3815 19 90

70

Catalyst consisting of organo-metallic compounds of aluminium and zirconium, fixed on a support of silicon dioxide

0  %

31.12.2018

ex 3815 19 90

75

Catalyst consisting of organo-metallic compounds of aluminium and chromium, fixed on a support of silicon dioxide

0  %

31.12.2018

ex 3815 19 90

80

Catalyst consisting of organo-metallic compounds of magnesium and titanium, fixed on a support of silicon dioxide, in the form of a suspension in mineral oil

0  %

31.12.2018

ex 3815 19 90

85

Catalyst consisting of organo-metallic compounds of aluminium, magnesium and titanium, fixed on a support of silicon dioxide, in the form of powder

0  %

31.12.2018

ex 3815 19 90

86

Catalyst containing titanium tetrachloride supported on magnesium dichloride, for use in the manufacture of polyolefins (1)

0  %

31.12.2018

ex 3815 19 90

ex 8506 90 00

87

10

Cathode, in rolls, for air zinc button cell batteries (hearing aid batteries) (1)

0  %

31.12.2016

ex 3815 90 90

16

Initiator based on dimethylaminopropyl urea

0  %

31.12.2017

ex 3815 90 90

18

Oxidation catalyst with an active ingredient of di[manganese (1+)], 1,2-bis(octahydro-4,7-dimethyl-1H-1,4,7-triazonine-1-yl-kN1, kN4, kN7)ethane-di-μ-oxo-μ-(ethanoato-kO, kO′)-, di[chloride(1-)], used to accelerate chemical oxidation or bleaching (CAS RN 1217890-37-3)

0  %

31.12.2017

ex 3815 90 90

20

Catalyst, in powder form, consisting of a mixture of titanium trichloride and aluminium chloride, containing by weight:

| — | 20 % or more but not more than 30 % of titanium and |
| --- | --- |

—

20 % or more but not more than 30 % of titanium and

| — | 55 % or more but not more than 72 % of chlorine |
| --- | --- |

—

55 % or more but not more than 72 % of chlorine

0  %

31.12.2018

ex 3815 90 90

27

Catalyst, in the form of hollow cylinders with a length of 5 mm or more but not more than 9 mm, consisting of a mixture of metal oxides containing predominantly oxides of molybdenum, bismuth, iron and nickel, containing also a charge of silicon dioxide, for use in the manufacture of acrylic acid (1)

0  %

31.12.2018

ex 3815 90 90

30

Catalyst, consisting of a suspension in mineral oil of:

| — | tetrahydrofuran complexes of magnesium chloride and titanium(III) chloride; and |
| --- | --- |

—

tetrahydrofuran complexes of magnesium chloride and titanium(III) chloride; and

| — | silicon dioxide |
| --- | --- |

—

silicon dioxide

| — | containing 6,6 % (± 0,6 %) by weight of magnesium, and |
| --- | --- |

—

containing 6,6 % (± 0,6 %) by weight of magnesium, and

| — | containing 2,3 % (± 0,2 %) by weight of titanium |
| --- | --- |

—

containing 2,3 % (± 0,2 %) by weight of titanium

0  %

31.12.2015

ex 3815 90 90

33

Catalyst, consisting of a mixture of different alkylnaphthalene sulphonic acids, with aliphatic hydrocarbon chains, containing 12 – 56 carbon atoms

0  %

31.12.2018

ex 3815 90 90

50

Catalyst containing titanium trichloride, in the form of a suspension in hexane or heptane containing by weight, in the hexane- or heptane-free material, 9 % or more but not more than 30 % of titanium

0  %

31.12.2018

ex 3815 90 90

70

Catalyst, consisting of a mixture of (2-hydroxypropyl)trimethylammonium formate and dipropylene glycols

0  %

31.12.2014

ex 3815 90 90

71

Catalyst, containing N-(2-hydroxypropylammonium)diazabicyclo (2,2,2) octane-2-ethyl hexanoate, dissolved in ethane-1,2-diol

0  %

31.12.2016

ex 3815 90 90

80

Catalyst consisting predominantly of dinonylnaphthalenedisulphonic acid in the form of a solution in isobutanol

0  %

31.12.2014

ex 3815 90 90

81

Catalyst, containing by weight 69 % or more but not more than 79 % of (2-hydroxy-1-methylethyl)trimethylammonium 2-ethylhexanoate

0  %

31.12.2018

ex 3815 90 90

85

Catalyst based on aluminosilicate (zeolite), for the alkylation of aromatic hydrocarbons, for the transalkylation of alkylaromatic hydrocarbons or for the oligomerization of olefins (1)

0  %

31.12.2017

ex 3815 90 90

86

Catalyst, in the form of rodlets, consisting of an aluminosilicate (zeolite), containing by weight 2 % or more but not more than 3 % of rare-earth metal oxides and less than 1 % of disodium oxide

0  %

31.12.2018

ex 3815 90 90

88

Catalyst, consisting of titanium tetrachloride and magnesium chloride, containing by weight on an oil- and hexane-free basis:

| — | 4 % or more but not more than 10 % of titanium and |
| --- | --- |

—

4 % or more but not more than 10 % of titanium and

| — | 10 % or more but not more than 20 % magnesium |
| --- | --- |

—

10 % or more but not more than 20 % magnesium

0  %

31.12.2018

ex 3815 90 90

89

Rhodococcus rhodocrous J1 bacteria, containing enzymes, suspended in a polyacrylamide gel or in water, for use as a catalyst in the production of acrylamide by the hydration of acrylonitrile (1)

0  %

31.12.2016

ex 3817 00 50

10

Mixture of alkylbenzenes (C14-26) containing by weight:

| — | 35 % or more but not more than 60 % of eicosylbenzene, |
| --- | --- |

—

35 % or more but not more than 60 % of eicosylbenzene,

| — | 25 % or more but not more than 50 % of docosylbenzene, |
| --- | --- |

—

25 % or more but not more than 50 % of docosylbenzene,

| — | 5 % or more but not more than 25 % of tetracosylbenzene |
| --- | --- |

—

5 % or more but not more than 25 % of tetracosylbenzene

0  %

31.12.2018

ex 3817 00 80

10

Mixture of alkylnaphthalenes, containing by weight:

| — | 88 % or more but not more than 98 % of hexadecylnaphthalene |
| --- | --- |

—

88 % or more but not more than 98 % of hexadecylnaphthalene

| — | 2 % or more but not more than 12 % of dihexadecylnaphthalene |
| --- | --- |

—

2 % or more but not more than 12 % of dihexadecylnaphthalene

0  %

31.12.2018

ex 3817 00 80

20

Mixture of branched alkyl benzenes mainly containing dodecyl benzenes

0  %

31.12.2018

ex 3817 00 80

30

Mixed alkylnaphthalenes, modified with aliphatic chains, of a chain-length varying from 12 to 56 carbon atoms

0  %

31.12.2016

ex 3819 00 00

20

Fire resistant hydraulic fluid based on phosphate ester

0  %

31.12.2018

ex 3823 19 30

20

Palm fatty acid distillate, whether or not hydrogenated, with free fatty acid content 80 % or more for use in the manufacture of:

| — | industrial monocarboxylic fatty acids of subheading 3823 , |
| --- | --- |

—

industrial monocarboxylic fatty acids of subheading 3823 ,

| — | stearic acid of subheading 3823 , |
| --- | --- |

—

stearic acid of subheading 3823 ,

| — | stearic acid of subheading 2915 , |
| --- | --- |

—

stearic acid of subheading 2915 ,

| — | palmitic acid of subheading 2915 , or |
| --- | --- |

—

palmitic acid of subheading 2915 , or

| — | animal feed preparations of subheading 2309  (1) |
| --- | --- |

—

animal feed preparations of subheading 2309  (1)

0  %

31.12.2018

ex 3823 19 90

20

Palm acid oils from refining for use in the manufacture of:

| — | industrial monocarboxylic fatty acids of subheading 3823 |
| --- | --- |

—

industrial monocarboxylic fatty acids of subheading 3823

| — | stearic acid of subheading 3823 |
| --- | --- |

—

stearic acid of subheading 3823

| — | stearic acid of subheading 2915 |
| --- | --- |

—

stearic acid of subheading 2915

| — | palmitic acid of subheading 2915 |
| --- | --- |

—

palmitic acid of subheading 2915

| — | animal feed preparations of subheading 2309  (1) |
| --- | --- |

—

animal feed preparations of subheading 2309  (1)

0  %

31.12.2018

ex 3824 90 15

10

Acid aluminosilicate (artificial zeolite of the Y type) in the sodium form, containing by weight not more than 11 % of sodium evaluated as sodium oxide, in the form of rodlets

0  %

31.12.2018

ex 3824 90 97

05

Mixture of methylmethacrylate monomer and butylacrylate monomer in a solution of xylene and butylacetate, containing by weight more than 54 % but not more than 56 % of solvents

0  %

31.12.2014

ex 3824 90 97

06

Paraffin with a level of chlorination of 70 % or more

0  %

31.12.2014

ex 3824 90 97

07

Film containing oxides of barium or calcium combined with either oxides of titanium or zirconium, in an acrylic binding material

0  %

31.12.2014

ex 3824 90 97

08

Mixture of divinylbenzene-isomers and ethylvinylbenzene-isomers, containing by weight 56 % or more but not more than 85 % of divinylbenzene (CAS RN 1321-74-0)

0  %

31.12.2014

ex 3824 90 97

09

Anti-corrosion preparations consisting of salts of dinonylnaphthalenesulphonic acid, either:

| — | on a support of mineral wax, whether or not modified chemically, or |
| --- | --- |

—

on a support of mineral wax, whether or not modified chemically, or

| — | in the form of a solution in an organic solvent |
| --- | --- |

—

in the form of a solution in an organic solvent

0  %

31.12.2018

ex 3824 90 97

10

Calcined bauxite (refractory grade)

0  %

31.12.2018

ex 3824 90 97

11

Mixture of phytosterols, not in powder form, containing by weight:

| — | 40 % or more but not more than 58 % of beta-sitosterols |
| --- | --- |

—

40 % or more but not more than 58 % of beta-sitosterols

| — | 20 % or more but not more than 28 % of campesterols |
| --- | --- |

—

20 % or more but not more than 28 % of campesterols

| — | 14 % or more but not more than 23 % of stigmasterols |
| --- | --- |

—

14 % or more but not more than 23 % of stigmasterols

| — | 0 % or more but not more than 15 % of other sterols |
| --- | --- |

—

0 % or more but not more than 15 % of other sterols

0  %

31.12.2014

ex 3824 90 97

12

Oligomer of tetrafluoroethylene, having one iodoethyl end-group

0  %

31.12.2018

ex 3824 90 97

13

Preparations containing not less than 92 % but not more than 96,5 % by weight of 1,3:2,4-bis-O-(4-methylbenzylidene)-D-glucitol and also containing carboxylic acid derivatives and an alkyl sulphate

0  %

31.12.2016

ex 3824 90 97

14

Calcium phosphonate phenate, dissolved in mineral oil

0  %

31.12.2016

ex 3824 90 97

15

Structured silica alumina phosphate

0  %

31.12.2014

ex 3824 90 97

16

Mixture of bis{4-(3-(3-phenoxycarbonylamino)tolyl)ureido}phenylsulphone, diphenyltoluene-2,4-dicarbamate and 1-[4-(4-aminobenzenesulphonyl)-phenyl]-3-(3-phenoxycarbonylamino-tolyl)-urea

0  %

31.12.2018

ex 3824 90 97

17

Mixture of acetates of 3-butylene-1,2-diol with a content by weight of 65 % or more but not more than 90 %

0  %

31.12.2018

ex 3824 90 97

18

Poly(tetramethylene glycol) bis[(9-oxo-9H-thioxanthen-1-yloxy)acetate] with an average polymer chain length of less than 5 monomer units (CAS RN 515136-48-8)

0  %

31.12.2014

ex 3824 90 97

20

Preparation consisting by weight of 83 % or more of 3a,4,7,7a-tetrahydro-4,7-methanoindene (dicyclopentadiene), a synthetic rubber, whether or not containing by weight 7 % or more of tricyclopentadiene, and:

| — | either an aluminium-alkyl compound, |
| --- | --- |

—

either an aluminium-alkyl compound,

| — | or an organic complex of tungsten |
| --- | --- |

—

or an organic complex of tungsten

| — | or an organic complex of molybdenum |
| --- | --- |

—

or an organic complex of molybdenum

0  %

31.12.2018

ex 3824 90 97

21

Mixture of 2-propenoic acid, (1-methylethylidene)bis(4,1-phenyleneoxy-2,1-ethanediyloxy-2,1-ethanediyl)ester with 2-propenoic acid, (2,4,6-trioxo-1,3,5-triazine-1,3,5(2H,4H,6H)-triyl)tri-2,1-ethanediyl ester and 1-hydroxy-cyclohexyl-phenyl ketone in the solution of methyl ethyl ketone and toluene

0  %

31.12.2014

ex 3824 90 97

22

Preparations containing not less than 47 % by weight of 1,3:2,4-bis-O-benzylidene-D-glucitol

0  %

31.12.2016

ex 3824 90 97

23

Mixture of urethane acrylates, tripropylene glycoldiacrylate, ethoxylated bisphenol A acrylate and poly(ethyleneglycol) 400 diacrylate

0  %

31.12.2014

ex 3824 90 97

24

Solution of (chloromethyl)bis(4-fluorophenyl)methylsilane of a nominal concentration of 65 % in toluene

0  %

31.12.2015

ex 3824 90 97

26

Aqueous dispersion, containing by weight:

| — | 76 % (± 0,5 %) of silicon carbide (CAS RN 409-21-2) |
| --- | --- |

—

76 % (± 0,5 %) of silicon carbide (CAS RN 409-21-2)

| — | 4,6 % (± 0,05 %) of aluminium oxide (CAS RN 1344-28-1) and |
| --- | --- |

—

4,6 % (± 0,05 %) of aluminium oxide (CAS RN 1344-28-1) and

| — | 2,4 % (± 0,05 %) of yttrium oxide (CAS RN 1314-36-9) |
| --- | --- |

—

2,4 % (± 0,05 %) of yttrium oxide (CAS RN 1314-36-9)

0  %

31.12.2016

ex 3824 90 97

27

Preparation, consisting of a mixture of 2,4,7,9-tetramethyldec-5-yne-4,7-diol and propan-2-ol

0  %

31.12.2015

ex 3824 90 97

28

Preparation containing by weight:

| — | 85 % or more but not more than 95 % of α-4-(2-cyano-2-butoxycarbonyl)vinyl-2-methoxy-phenyl-ω-hydroxyhexa(oxyethylene), and |
| --- | --- |

—

85 % or more but not more than 95 % of α-4-(2-cyano-2-butoxycarbonyl)vinyl-2-methoxy-phenyl-ω-hydroxyhexa(oxyethylene), and

| — | 5 % or more but not more than 15 % of polyoxyethylene (20) sorbitan monopalmitate |
| --- | --- |

—

5 % or more but not more than 15 % of polyoxyethylene (20) sorbitan monopalmitate

0  %

31.12.2015

ex 3824 90 97

29

Preparation consisting predominantly of γ-butyrolactone and quaternary ammonium salts, for the manufacture of electrolytic capacitors (1)

0  %

31.12.2018

ex 3824 90 97

30

2,4,7,9-Tetramethyldec-5-yne-4,7-diol, hydroxyethylated

0  %

31.12.2014

ex 3824 90 97

31

Diethylmethoxyborane (CAS RN 7397-46-8) in the form of a solution in tetrahydrofuran

0  %

31.12.2015

ex 3824 90 97

32

Mixture of:

| — | basic zirconium carbonate (CAS RN 57219-64-4) and |
| --- | --- |

—

basic zirconium carbonate (CAS RN 57219-64-4) and

| — | cerium carbonate (CAS RN 537-01-9) |
| --- | --- |

—

cerium carbonate (CAS RN 537-01-9)

0  %

31.12.2016

ex 3824 90 97

33

Preparation, containing:

| — | trioctylphosphine oxide (CAS RN 78-50-2), |
| --- | --- |

—

trioctylphosphine oxide (CAS RN 78-50-2),

| — | dioctylhexylphosphine oxide (CAS RN 31160-66-4), |
| --- | --- |

—

dioctylhexylphosphine oxide (CAS RN 31160-66-4),

| — | octyldihexylphosphine oxide (CAS RN 31160-64-2) and |
| --- | --- |

—

octyldihexylphosphine oxide (CAS RN 31160-64-2) and

| — | trihexylphosphine oxide (CAS RN 9084-48-8) |
| --- | --- |

—

trihexylphosphine oxide (CAS RN 9084-48-8)

0  %

31.12.2016

ex 3824 90 97

35

Mixture of:

| — | 3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)phthalide (CAS RN 50292-95-0) and |
| --- | --- |

—

3,3-bis(2-methyl-1-octyl-1H-indol-3-yl)phthalide (CAS RN 50292-95-0) and

| — | ethyl-6′-(diethylamino)-3-oxo-spiro-[isobenzofuran-1(3H),9′-[9H]xanthene]-2′-carboxylate (CAS RN 154306-60-2) |
| --- | --- |

—

ethyl-6′-(diethylamino)-3-oxo-spiro-[isobenzofuran-1(3H),9′-[9H]xanthene]-2′-carboxylate (CAS RN 154306-60-2)

0  %

31.12.2017

ex 3824 90 97

36

Preparation based on 2,5,8,11-tetramethyl-6-dodecyn-5,8-diol ethoxylate (CAS RN 169117-72-0)

0  %

31.12.2017

ex 3824 90 97

37

Liquid crystal mixture for use in the manufacture of displays (1)

0  %

31.12.2017

ex 3824 90 97

38

Alkyl carbonate-based preparation, also containing a UV absorber, for use in the manufacture of spectacle lenses (1)

0  %

31.12.2017

ex 3824 90 97

39

Mixture containing by weight 40 % or more but not more than 50 % of 2-hydroxyethyl methacrylate and 40 % or more but not more than 50 % of glycerol ester of boric acid

0  %

31.12.2018

ex 3824 90 97

40

Azelaic acid of a purity by weight of 75 % or more but not more than 85 %

0  %

31.12.2014

ex 3824 90 97

41

Preparation, consisting of:

| — | dipropylene glycol |
| --- | --- |

—

dipropylene glycol

| — | tripropylene glycol |
| --- | --- |

—

tripropylene glycol

| — | tetrapropylene glycol and |
| --- | --- |

—

tetrapropylene glycol and

| — | pentapropylene glycol |
| --- | --- |

—

pentapropylene glycol

0  %

31.12.2017

ex 3824 90 97

42

Mixed metals oxides, in the form of powder, containing by weight:

| — | either 5 % or more of barium, neodymium or magnesium and 15 % or more of titanium, |
| --- | --- |

—

either 5 % or more of barium, neodymium or magnesium and 15 % or more of titanium,

| — | or 30 % or more of lead and 5 % or more of niobium, |
| --- | --- |

—

or 30 % or more of lead and 5 % or more of niobium,

for use in the manufacture of dielectric films or for use as dielectric materials in the manufacture of multilayer ceramic capacitors (1)

0  %

31.12.2018

ex 3824 90 97

43

Nickel hydroxide, doped with 12 % or more but not more than 18 % by weight of zinc hydroxide and cobalt hydroxide, of a kind used to produce positive electrodes for accumulators

0  %

31.12.2017

ex 3824 90 97

44

Mixture of phytosterols, not in the form of powder, containing by weight:

| — | 75 % or more of sterols, |
| --- | --- |

—

75 % or more of sterols,

| — | not more than 25 % of stanols, |
| --- | --- |

—

not more than 25 % of stanols,

for use in the manufacture of stanols/sterols or stanol/sterol esters (1)

0  %

31.12.2017

ex 3824 90 97

45

Preparations consisting predominantly of ethylene glycol and:

| — | either diethylene glycol, dodecandioic acid and ammonia water, |
| --- | --- |

—

either diethylene glycol, dodecandioic acid and ammonia water,

| — | or N,N-dimethylformamide, |
| --- | --- |

—

or N,N-dimethylformamide,

| — | or γ-butyrolactone, |
| --- | --- |

—

or γ-butyrolactone,

| — | or silicon oxide, |
| --- | --- |

—

or silicon oxide,

| — | or ammonium hydrogen azelate, |
| --- | --- |

—

or ammonium hydrogen azelate,

| — | or ammonium hydrogen azelate and silicon oxide, |
| --- | --- |

—

or ammonium hydrogen azelate and silicon oxide,

| — | or dodecandioic acid, ammonia water and silicon oxide, |
| --- | --- |

—

or dodecandioic acid, ammonia water and silicon oxide,

for the manufacture of electrolytic capacitors (1)

0  %

31.12.2018

ex 3824 90 97

47

Platinum oxide (CAS RN 12035-82-4) fixed on a porous support of aluminium oxide (CAS RN 1344-28-1), containing by weight:

| — | 0,1 % or more but not more than 1 % of platinum, and |
| --- | --- |

—

0,1 % or more but not more than 1 % of platinum, and

| — | 0,5 % or more but not more than 5 % of ethylaluminium dichloride (CAS RN 563-43-9) |
| --- | --- |

—

0,5 % or more but not more than 5 % of ethylaluminium dichloride (CAS RN 563-43-9)

0  %

31.12.2017

ex 3824 90 97

49

Preparation containing:

| — | C,C′-azodi(formamide) (CAS RN 123-77-3), |
| --- | --- |

—

C,C′-azodi(formamide) (CAS RN 123-77-3),

| — | magnesium oxide (CAS RN 1309-48-4) and |
| --- | --- |

—

magnesium oxide (CAS RN 1309-48-4) and

| — | zinc bis(p-toluene sulphinate) (CAS RN 24345-02-6) |
| --- | --- |

—

zinc bis(p-toluene sulphinate) (CAS RN 24345-02-6)

in which the gas formation from C,C′-azodi(formamide) occurs at 135 °C

0  %

31.12.2017

ex 3824 90 97

50

Powder mixture containing by weight:

| — | 85 % or more of zinc diacrylate (CAS RN 14643-87-9) |
| --- | --- |

—

85 % or more of zinc diacrylate (CAS RN 14643-87-9)

| — | and not more than 5 % of 2,6-di-tert-butyl-alpha-dimethylamino-p-cresol (CAS RN 88-27-7) |
| --- | --- |

—

and not more than 5 % of 2,6-di-tert-butyl-alpha-dimethylamino-p-cresol (CAS RN 88-27-7)

0  %

31.12.2018

ex 3824 90 97

51

Diethylene glycol propylene glycol triethanolamine titanate complexes (CAS RN 68784-48-5) dissolved in diethylene glycol (CAS RN 111-46-6)

0  %

31.12.2017

ex 3824 90 97

52

Poly(tetramethylene glycol) bis[(2-benzoyl-phenoxy)acetate] with an average polymer chain length of less than 5 monomer units

0  %

31.12.2014

ex 3824 90 97

53

Poly(ethylene glycol) bis(p-dimethyl)aminobenzoate with an average polymer chain length of less than 5 monomer units

0  %

31.12.2014

ex 3824 90 97

54

2-Hydroxybenzonitrile, in the form of a solution in N,N-dimethylformamide, containing by weight 45 % or more but not more than 55 % of 2-hydroxybenzonitrile

0  %

31.12.2018

ex 3824 90 97

55

Preparation consisting of:

| — | 50 % (± 2 %) by weight of bis-alkoxylated ethyl acetoacetate aluminium chelates, |
| --- | --- |

—

50 % (± 2 %) by weight of bis-alkoxylated ethyl acetoacetate aluminium chelates,

| — | in an ink oil (white mineral) solvent |
| --- | --- |

—

in an ink oil (white mineral) solvent

with a boiling point of 160 °C or more but not more than 180 °C

0  %

31.12.2018

ex 3824 90 97

56

Potassium tert-butanolate (CAS RN 865-47-4) in the form of a solution in tetrahydrofuran

0  %

31.12.2018

ex 3824 90 97

58

N2-[1-(S)-Ethoxycarbonyl-3-phenylpropyl]-N6-trifluoroacetyl-L-lysyl-N2-carboxy anhydride in a solution of dichloromethane at 37 %

0  %

31.12.2015

ex 3824 90 97

59

3′,4′,5′-Trifluorobiphenyl-2-amine, in the form of a solution in toluene containing by weight 80 % or more but not more than 90 % of 3′,4′,5′-trifluorobiphenyl-2-amine

0  %

31.12.2015

ex 3824 90 97

60

α-Phenoxycarbonyl-ω-phenoxypoly[oxy(2,6-dibromo-1,4-phenylene) isopropylidene(3,5-dibromo-1,4-phenylene)oxycarbonyl]

0  %

31.12.2018

ex 3824 90 97

62

Fused magnesia containing by weight 15 % or more of dichromium trioxide

0  %

31.12.2016

ex 3824 90 97

64

Aluminium sodium silicate, in the form of spheres of a diameter of:

| — | either 1,6mm or more but not more than 3,4mm, |
| --- | --- |

—

either 1,6mm or more but not more than 3,4mm,

| — | or 4mm or more but not more than 6mm |
| --- | --- |

—

or 4mm or more but not more than 6mm

0  %

31.12.2018

ex 3824 90 97

65

Preparation containing by weight:

| — | 89 % or more but not more than 98,9 % of 1,2,3-trideoxy-4,6:5,7-bis-O-[(4-propylphenyl)methylene]-nonitol |
| --- | --- |

—

89 % or more but not more than 98,9 % of 1,2,3-trideoxy-4,6:5,7-bis-O-[(4-propylphenyl)methylene]-nonitol

| — | 0,1 % or more but not more than 1 % of colorants |
| --- | --- |

—

0,1 % or more but not more than 1 % of colorants

| — | 1 % or more but not more than 10 % of fluoropolymers |
| --- | --- |

—

1 % or more but not more than 10 % of fluoropolymers

0  %

31.12.2016

ex 3824 90 97

66

Mixture of primary tert-alkylamines

0  %

31.12.2014

ex 3824 90 97

78

Mixture of phytosterols derived from wood and wood based oils (tall oil), in the form of powder with a particle size not more than 300 μm, containing by weight:

| — | 60 % or more, but not more than 80 % of sitosterols, |
| --- | --- |

—

60 % or more, but not more than 80 % of sitosterols,

| — | not more than 15 % of campesterols, |
| --- | --- |

—

not more than 15 % of campesterols,

| — | not more than 5 % of stigmasterols, |
| --- | --- |

—

not more than 5 % of stigmasterols,

| — | not more than 15 % of betasitostanols |
| --- | --- |

—

not more than 15 % of betasitostanols

0  %

31.12.2017

ex 3824 90 97

79

Mixture of 80 % (± 10 %) of 1-[2-(2-aminobutoxy)ethoxy]but-2-ylamine and 20 % (± 10 %) of 1-({[2-(2-aminobutoxy)ethoxy]methyl} propoxy)but-2-ylamine

0  %

31.12.2014

ex 3824 90 97

82

α-(2,4,6-Tribromophenyl)-ω-(2,4,6-tribromophenoxy)poly[oxy(2,6-dibromo-1,4-phenylene)isopropylidene(3,5-dibromo-1,4-phenylene)oxycarbonyl]

0  %

31.12.2018

ex 3824 90 97

84

Reaction product, containing by weight:

| — | 1 % or more but not more than 40 % of molybdenum oxide, |
| --- | --- |

—

1 % or more but not more than 40 % of molybdenum oxide,

| — | 10 % or more but not more than 50 % of nickel oxide, |
| --- | --- |

—

10 % or more but not more than 50 % of nickel oxide,

| — | 30 % or more but not more than 70 % of tungsten oxide |
| --- | --- |

—

30 % or more but not more than 70 % of tungsten oxide

0  %

31.12.2014

ex 3824 90 97

87

Paste containing by weight:

| — | 75 % or more, but not more than 85 % of copper, |
| --- | --- |

—

75 % or more, but not more than 85 % of copper,

| — | inorganic oxides, |
| --- | --- |

—

inorganic oxides,

| — | ethyl cellulose, and |
| --- | --- |

—

ethyl cellulose, and

| — | a solvent |
| --- | --- |

—

a solvent

0  %

31.12.2017

ex 3824 90 97

88

Oligomeric reaction product, consisting of bis(4-hydroxyphenyl) sulfone and 1,1′-oxybis(2-chloroethane)

0  %

31.12.2014

ex 3824 90 97

89

Oligomer of tetrafluoroethylene, having tetrafluoroiodoethyl end-groups

0  %

31.12.2018

ex 3824 90 97

90

Hollow spheres of fused aluminosilicate containing 65-80 % amorphous aluminosilicate, with the following characteristics:

| — | a melting point of between 1 600 °C and 1 800 °C, |
| --- | --- |

—

a melting point of between 1 600 °C and 1 800 °C,

| — | a density of 0,6 - 0,8 g/cm3, |
| --- | --- |

—

a density of 0,6 - 0,8 g/cm3,

for use in the manufacture of particle filters in motor vehicles (1)

0  %

31.12.2018

ex 3824 90 97

92

Preparation, consisting of 2,4,7,9-tetramethyldec-5-yne-4,7-diol and silicon dioxide

0  %

31.12.2014

ex 3824 90 97

94

Particles of silicon dioxide on which are covalently bonded organic compounds, for use in the manufacture of high performance liquid chromatography columns (HPLC) and sample preparation cartridges (1)

0  %

31.12.2018

ex 3824 90 97

95

Mixture of phytosterols, in the form of flakes and balls, containing by weight 80 % or more of sterols and not more than 4 % of stanols

0  %

31.12.2014

ex 3824 90 97

97

Preparation containing by weight either 10 % or more but not more than 20 % of lithiumfluorophosphate or 5 % or more but not more than 10 % of lithium perchlorate in mixtures of organic solvents

0  %

31.12.2018

ex 3826 00 10

ex 3826 00 10

20

29

Mixture of fatty acid methyl esters containing by weight at least:

| — | 65 % or more but not more than 75 % of C12 FAME, |
| --- | --- |

—

65 % or more but not more than 75 % of C12 FAME,

| — | 21 % or more but not more than 28 % of C14 FAME, |
| --- | --- |

—

21 % or more but not more than 28 % of C14 FAME,

| — | 4 % or more but not more than 8 % of C16 FAME, |
| --- | --- |

—

4 % or more but not more than 8 % of C16 FAME,

for use in the manufacture of detergents and home and personal care products (1)

0  %

31.12.2018

ex 3826 00 10

ex 3826 00 10

30

39

Mixture of fatty acid methyl esters containing by weight at least:

| — | 50 % or more but not more than 58 % of C8-FAME |
| --- | --- |

—

50 % or more but not more than 58 % of C8-FAME

| — | 35 % or more but not more than 50 % of C10-FAME |
| --- | --- |

—

35 % or more but not more than 50 % of C10-FAME

for use in the manufacture of agricultural chemistry, (animal and human) food ingredients, additives to lubricant, solvents, lamp oil and firelighter components (1)

0  %

31.12.2018

ex 3826 00 10

ex 3826 00 10

40

49

Mixture of fatty acid methyl esters containing by weight at least:

| — | 15 % or more but not more than 32 % of C16 FAME |
| --- | --- |

—

15 % or more but not more than 32 % of C16 FAME

| — | 65 % or more but not more than 85 % of C18 FAME |
| --- | --- |

—

65 % or more but not more than 85 % of C18 FAME

for use in the manufacture of detergents and home and personal cleaning products, agricultural chemistry, (animal and human) food ingredients, additives to lubricant, solvents, lamp oil and firelighter components (1)

0  %

31.12.2018

ex 3901 10 90

20

Polyethylene, in the form of granules, of a specific gravity of 0,925 (± 0,0015), a melt flow index of 0,3 g/10 min (± 0,05 g/10 min), for the manufacture of blown films of a haze value not more than 6 % and an elongation at break (MD/TD) of 210/340 (1)

0  %

31.12.2018

ex 3901 10 90

30

Polyethylene granules, containing by weight 10 % or more but not more than 25 % of copper

0  %

31.12.2016

ex 3901 20 90

10

Polyethylene, in one of the forms mentioned in note 6 (b) to Chapter 39, of a specific gravity of 0,945 or more but not more than 0,985, for the manufacture of films for typewriter ribbon or similar ribbon (1)

0  %

31.12.2018

ex 3901 20 90

20

Polyethylene, containing by weight 35 % or more but not more than 45 % of mica

0  %

31.12.2018

ex 3901 30 00

80

Ethylene-vinyl acetate copolymer,

| — | containing 27,8 % or more but not more than 29,3 % by weight of vinyl acetate |
| --- | --- |

—

containing 27,8 % or more but not more than 29,3 % by weight of vinyl acetate

| — | with a melt flow index of 22 g/10 min or more but no more than 28 g/10 min |
| --- | --- |

—

with a melt flow index of 22 g/10 min or more but no more than 28 g/10 min

| — | containing not more than 15 mg/kg vinyl acetate monomer |
| --- | --- |

—

containing not more than 15 mg/kg vinyl acetate monomer

0  %

31.12.2015

ex 3901 30 00

82

Ethylene-vinyl acetate copolymer,

| — | containing 9,8 % or more but not more than 10,8 % by weight of vinyl acetate |
| --- | --- |

—

containing 9,8 % or more but not more than 10,8 % by weight of vinyl acetate

| — | with a melt flow index of 2,5 g/10 min or more but no more than 3,5 g/10 min |
| --- | --- |

—

with a melt flow index of 2,5 g/10 min or more but no more than 3,5 g/10 min

| — | containing not more than 15 mg/kg vinyl acetate monomer |
| --- | --- |

—

containing not more than 15 mg/kg vinyl acetate monomer

0  %

31.12.2015

ex 3901 90 90

80

Block copolymer of ethylene with octene in the form of pellets:

| — | with a specific gravity of 0,862 or more, but not more than 0,865, |
| --- | --- |

—

with a specific gravity of 0,862 or more, but not more than 0,865,

| — | able to stretch to at least 200 % its original length, |
| --- | --- |

—

able to stretch to at least 200 % its original length,

| — | with a hysteresis of 50 % (± 10 %), |
| --- | --- |

—

with a hysteresis of 50 % (± 10 %),

| — | with permanent deformation of not more than 20 %, |
| --- | --- |

—

with permanent deformation of not more than 20 %,

for use in the manufacture of napkin liners for babies (1)

0  %

31.12.2015

ex 3901 90 90

82

Copolymer of ethylene and methacrylic acid

0  %

31.12.2015

ex 3901 90 90

91

Ionomer resin consisting of a salt of a copolymer of ethylene with methacrylic acid

4  %

31.12.2018

ex 3901 90 90

92

Chlorosulphonated polyethylene

0  %

31.12.2018

ex 3901 90 90

93

Copolymer of ethylene, vinyl acetate and carbon monoxide, for use as a plasticizer in the manufacture of roof sheets (1)

0  %

31.12.2018

ex 3901 90 90

94

Mixtures of A-B block copolymer of polystyrene and ethylene-butylene copolymer and A-B-A block copolymer of polystyrene, ethylene-butylene copolymer and polystyrene, containing by weight not more than 35 % of styrene

0  %

31.12.2018

ex 3901 90 90

97

Chlorinated polyethylene, in the form of powder

0  %

31.12.2018

ex 3902 10 00

10

Polypropylene containing no plasticizer and not more than:

| — | 7 mg/kg of aluminium, |
| --- | --- |

—

7 mg/kg of aluminium,

| — | 2 mg/kg of iron, |
| --- | --- |

—

2 mg/kg of iron,

| — | 1 mg/kg of magnesium, |
| --- | --- |

—

1 mg/kg of magnesium,

| — | 8 mg/kg of chloride |
| --- | --- |

—

8 mg/kg of chloride

0  %

31.12.2018

ex 3902 10 00

20

Polypropylene, containing no plasticiser,

| — | of a melting point of more than 150 °C (as determined by the ASTM D 3 417 method), |
| --- | --- |

—

of a melting point of more than 150 °C (as determined by the ASTM D 3 417 method),

| — | of a heat of fusion of 15 J/g or more but not more than 70 J/g, |
| --- | --- |

—

of a heat of fusion of 15 J/g or more but not more than 70 J/g,

| — | of an elongation at break of 1 000  % or more (as determined by the ASTM D 638 method), |
| --- | --- |

—

of an elongation at break of 1 000  % or more (as determined by the ASTM D 638 method),

| — | of a tensile modulus of 69 MPa or more but not more than 379 MPa (as determined by the ASTM D 638 method) |
| --- | --- |

—

of a tensile modulus of 69 MPa or more but not more than 379 MPa (as determined by the ASTM D 638 method)

0  %

31.12.2018

ex 3902 10 00

30

Polypropylene, containing not more than 1 mg/kg of aluminium, 0,05 mg/kg of iron, 1 mg/kg of magnesium and 1 mg/kg of chloride, for use in the manufacture of packaging for disposable contact lenses (1)

0  %

31.12.2018

ex 3902 10 00

40

Polypropylene, containing no plasticizer:

| — | of a tensile strength: of 32-60 MPa (as determined by the ASTM D638 method); |
| --- | --- |

—

of a tensile strength: of 32-60 MPa (as determined by the ASTM D638 method);

| — | of a flexural strength of 50-90 MPa (as determined by the ASTM D790 method); |
| --- | --- |

—

of a flexural strength of 50-90 MPa (as determined by the ASTM D790 method);

| — | of a Melt Flow Rate (MFR) at 230 °C/ 2,16 kg of 5-15 g/10 min (as determined by the ASTM D1238 method); |
| --- | --- |

—

of a Melt Flow Rate (MFR) at 230 °C/ 2,16 kg of 5-15 g/10 min (as determined by the ASTM D1238 method);

| — | with 40 % or more but not more than 80 % by weight of polypropylene, |
| --- | --- |

—

with 40 % or more but not more than 80 % by weight of polypropylene,

| — | with 10 % or more but not more than 30 % by weight of glass fibre, |
| --- | --- |

—

with 10 % or more but not more than 30 % by weight of glass fibre,

| — | with 10 % or more but not more than 30 % by weight of mica |
| --- | --- |

—

with 10 % or more but not more than 30 % by weight of mica

0  %

31.12.2014

ex 3902 10 00

50

High isotactic polypropylene (HIPP), whether or not coloured, intended for the manufacture of plastic components for air freshener with the following properties:

| — | a density of 0,880 g/cm3 or more but not more than 0,913 g/cm3(as determined by test method ASTM D1505), |
| --- | --- |

—

a density of 0,880 g/cm3 or more but not more than 0,913 g/cm3(as determined by test method ASTM D1505),

| — | a tensile strength at yield of 350 kg/cm2 or more but not more than 390 kg/cm2 (as determined by test method ASTM D638) |
| --- | --- |

—

a tensile strength at yield of 350 kg/cm2 or more but not more than 390 kg/cm2 (as determined by test method ASTM D638)

| — | a heat deflection temperature of 135 °C or more under load of 0,45 MPa (as determined by test method ASTM 648) (1) |
| --- | --- |

—

a heat deflection temperature of 135 °C or more under load of 0,45 MPa (as determined by test method ASTM 648) (1)

0  %

31.12.2015

ex 3902 20 00

10

Polyisobutylene, of a number average molecular weight (Mn) of 700 or more but not more than 800

0  %

31.12.2018

ex 3902 20 00

20

Hydrogenated polyisobutene, in liquid form

0  %

31.12.2018

ex 3902 30 00

91

A-B Block copolymer of polystyrene and an ethylene-propylene copolymer, containing by weight 40 % or less of styrene, in one of the forms mentioned in note 6 (b) to Chapter 39

0  %

31.12.2018

ex 3902 30 00

95

A-B-A block copolymer, consisting of:

| — | a copolymer of propylene and ethylene and |
| --- | --- |

—

a copolymer of propylene and ethylene and

| — | 21 % (± 3 %) by weight of polystyrene |
| --- | --- |

—

21 % (± 3 %) by weight of polystyrene

0  %

31.12.2016

ex 3902 30 00

97

Liquid ethylene-propylene-copolymer with:

| — | a flashpoint of 250 °C or more, |
| --- | --- |

—

a flashpoint of 250 °C or more,

| — | a viscosity index of 150 or more, |
| --- | --- |

—

a viscosity index of 150 or more,

| — | of a number average molecular weight (Mn) of 650 or more |
| --- | --- |

—

of a number average molecular weight (Mn) of 650 or more

0  %

31.12.2016

ex 3902 90 90

52

Amorphous poly-alpha-olefin copolymer blend of poly(propylene-co-1-butene) and petroleum hydrocarbon resin

0  %

31.12.2018

ex 3902 90 90

55

Thermoplastic elastomer, with an A-B-A block copolymer structure of polystyrene, polyisobutylene and polystyrene containing by weight 10 % or more but not more than 35 % of polystyrene

0  %

31.12.2018

ex 3902 90 90

60

Non-hydrogenated 100 % aliphatic resin (polymer), with the following characteristics:

| — | liquid at room temperature |
| --- | --- |

—

liquid at room temperature

| — | obtained by cationic polymerisation of C-5 alkenes monomers |
| --- | --- |

—

obtained by cationic polymerisation of C-5 alkenes monomers

| — | with a number average molecular weight (Mn) of 370 (± 50) |
| --- | --- |

—

with a number average molecular weight (Mn) of 370 (± 50)

| — | with a weight average molecular weight (Mw) of 500 (± 100) |
| --- | --- |

—

with a weight average molecular weight (Mw) of 500 (± 100)

0  %

31.12.2014

ex 3902 90 90

84

Blend of hydrogenated styrenic block copolymer, polyethylene wax, and tackifier resin, in the form of pellets, containing by weight:

| — | 70 (± 5) % of styrenic block copolymer, |
| --- | --- |

—

70 (± 5) % of styrenic block copolymer,

| — | 15 (± 5) % of polyethylene wax, and |
| --- | --- |

—

15 (± 5) % of polyethylene wax, and

| — | 15 (± 5) % of tackifier resin |
| --- | --- |

—

15 (± 5) % of tackifier resin

with the following physical properties:

| — | able to stretch to at least 200 % of its original length |
| --- | --- |

—

able to stretch to at least 200 % of its original length

| — | with a hysteresis of 50 (± 10) % |
| --- | --- |

—

with a hysteresis of 50 (± 10) %

| — | with a permanent deformation of no more than 20 % |
| --- | --- |

—

with a permanent deformation of no more than 20 %

for use in the manufacture of napkins and napkin liners for babies (1)

0  %

31.12.2015

ex 3902 90 90

92

Polymers of 4-methylpent-1-ene

0  %

31.12.2018

ex 3902 90 90

93

Synthetic poly-alpha-olefin having a viscosity of at least 38 × 10–6m2s–1 (38 centistokes) at 100 °C measured using the ASTM D 445 method

0  %

31.12.2016

ex 3902 90 90

98

Synthetic poly-alpha-olefin with a viscosity at 100 ° Celsius (measured according to method ASTM D 445) ranging from 3 centistokes to 9 centistokes and obtained by polymerization of a mixture of dodecene and tetradecene, containing a maximum of 40 % of tetradecene

0  %

31.12.2016

ex 3903 11 00

10

White expandable polystyrene beads with a thermal conductivity of not more than 0,034 W/mK at a density of 14,0 kg/m3 (± 1,5 kg/m3), containing 50 % recycled material

0  %

31.12.2018

ex 3903 19 00

30

Crystalline polystyrene with a melting point of 268 °C or more but not more than 272 °C and a setting point of 232 °C or more but not more than 242 °C, whether or not containing additives and filling material

0  %

31.12.2016

ex 3903 90 90

10

Butadiene-styrene copolymer pellets or granules, with:

| — | a specific gravity of 1,05 (± 0,02), |
| --- | --- |

—

a specific gravity of 1,05 (± 0,02),

| — | a melt flow index at 200 °C/5 kg of 13 g/10 min (± 1 g/10 min) |
| --- | --- |

—

a melt flow index at 200 °C/5 kg of 13 g/10 min (± 1 g/10 min)

0  %

31.12.2016

ex 3903 90 90

15

Dry ink powder or toner blend, consisting of a copolymer of styrene, n-butyl acrylate, n-butyl methacrylate, methacrylic acid and polyolefin wax, for use as a developer in the manufacture of cartridges for facsimile machines, computer printers or copiers (1)

0  %

31.12.2016

ex 3903 90 90

20

Dry ink powder or toner blend, consisting of a copolymer of styrene, n-butyl acrylate, n-butyl methacrylate and polyolefin wax, for use as a developer in the manufacture of cartridges for facsimile machines, computer printers or copiers (1)

0  %

31.12.2016

ex 3903 90 90

25

Dry ink powder or toner blend, consisting of a copolymer of styrene, n-butyl acrylate, methacrylic acid and polyolefin wax, for use as a developer in the manufacture of cartridges for facsimile machines, computer printers or copiers (1)

0  %

31.12.2016

ex 3903 90 90

30

Butadiene-styrene copolymer pellets or granules with a melting point of 85 °C (± 5 °C), containing by weight:

| — | 2 % or more but not more than 4 % of tris(tribromophenyl) triazine, |
| --- | --- |

—

2 % or more but not more than 4 % of tris(tribromophenyl) triazine,

| — | 5 % or more but not more than 10 % of ethane-1,2-bis(pentabromophenyl), |
| --- | --- |

—

5 % or more but not more than 10 % of ethane-1,2-bis(pentabromophenyl),

| — | 3 % or more but not more than 5 % of antimony trioxide |
| --- | --- |

—

3 % or more but not more than 5 % of antimony trioxide

0  %

31.12.2016

ex 3903 90 90

ex 3911 90 99

35

43

Copolymer of α-methylstyrene and styrene, having a softening point of more than 113 °C

0  %

31.12.2018

ex 3903 90 90

ex 3911 90 99

40

50

Copolymer of styrene with α-methylstyrene and acrylic acid, of a number average molecular weight (Mn) of 500 or more but not more than 6 000

0  %

31.12.2018

ex 3903 90 90

50

Crystalline copolymer of styrene and p-methylstyrene:

| — | with a melting point of 240 °C or more but not more than 260 °C, |
| --- | --- |

—

with a melting point of 240 °C or more but not more than 260 °C,

| — | containing 5 % or more but not more than 15 % by weight of p-methylstyrene |
| --- | --- |

—

containing 5 % or more but not more than 15 % by weight of p-methylstyrene

0  %

31.12.2015

ex 3903 90 90

ex 3911 90 99

60

60

Copolymer of styrene with maleic anhydride, either partially esterified or completely chemically modified, of an average molecular weight (Mn) of not more than 4 500 , in flake or powder form

0  %

31.12.2016

ex 3903 90 90

75

Copolymer of styrene and vinyl pyrrolidone, containing by weight not more than 1 % of sodium dodecyl sulphate, in the form of an aqueous emulsion, for the manufacture of goods of subheading 3305 20 00 or of hair dyes of subheading 3305 90  (1)

0  %

31.12.2014

ex 3903 90 90

80

Granules of copolymer of styrene and divinylbenzene of a minimum diameter of 150 μm and a maximum diameter of 800 μm and containing by weight:

| — | minimum 65 % styrene, |
| --- | --- |

—

minimum 65 % styrene,

| — | maximum 25 % divinylbenzene |
| --- | --- |

—

maximum 25 % divinylbenzene

for use in the manufacture of ion exchange resins (1)

0  %

31.12.2018

ex 3903 90 90

86

Mixture containing by weight:

| — | 45 % or more but not more than 65 % of polymers of styrene |
| --- | --- |

—

45 % or more but not more than 65 % of polymers of styrene

| — | 35 % or more but not more than 45 % of poly(phenylene ether) |
| --- | --- |

—

35 % or more but not more than 45 % of poly(phenylene ether)

| — | not more than 10 % of other additives |
| --- | --- |

—

not more than 10 % of other additives

and with one or more of the following special colour effects:

| — | metallic or pearlescent with a visual angular metamerism caused by at least 0,3 % flake-based pigment |
| --- | --- |

—

metallic or pearlescent with a visual angular metamerism caused by at least 0,3 % flake-based pigment

| — | fluorescent, as characterized by emitting light during absorption of ultraviolet radiation |
| --- | --- |

—

fluorescent, as characterized by emitting light during absorption of ultraviolet radiation

| — | bright white, as characterized by L* not less than 92 and b* not more than 2 and a* between -5 and 7 on the CIELab colour scale |
| --- | --- |

—

bright white, as characterized by L* not less than 92 and b* not more than 2 and a* between -5 and 7 on the CIELab colour scale

0  %

31.12.2018

ex 3904 10 00

20

Poly(vinyl chloride) powder, not mixed with any other substances or containing any vinyl acetate monomers, with:

| — | a degree of polymerisation of 1 000 (± 300) monomer units, |
| --- | --- |

—

a degree of polymerisation of 1 000 (± 300) monomer units,

| — | a coefficient of heat transmission (K-value) of 60 or more, but not more than 70, |
| --- | --- |

—

a coefficient of heat transmission (K-value) of 60 or more, but not more than 70,

| — | a volatile material content of less than 2,00 % by weight, |
| --- | --- |

—

a volatile material content of less than 2,00 % by weight,

| — | a sieve non-passing fraction at a mesh width of 120 μm of not more than 1 % by weight, |
| --- | --- |

—

a sieve non-passing fraction at a mesh width of 120 μm of not more than 1 % by weight,

for use in the manufacture of battery separators (1)

0  %

31.12.2014

ex 3904 30 00

20

Copolymer of vinyl chloride with vinyl acetate and maleic acid, containing by weight:

| — | 80,5 % or more but not more than 81,5 % of vinyl chloride, |
| --- | --- |

—

80,5 % or more but not more than 81,5 % of vinyl chloride,

| — | 16,5 % or more but not more than 17,5 % of vinyl acetate and |
| --- | --- |

—

16,5 % or more but not more than 17,5 % of vinyl acetate and

| — | 1,5 % or more but not more than 2,5 % of maleic acid, |
| --- | --- |

—

1,5 % or more but not more than 2,5 % of maleic acid,

for use in the heat-sealing of plastics onto steel substrate for industrial uses (1)

0  %

31.12.2014

ex 3904 30 00

ex 3904 40 00

30

91

Copolymer of vinyl chloride with vinyl acetate and vinyl alcohol, containing by weight:

| — | 87 % or more but not more than 92 % of vinyl chloride, |
| --- | --- |

—

87 % or more but not more than 92 % of vinyl chloride,

| — | 2 % or more but not more than 9 % of vinyl acetate and |
| --- | --- |

—

2 % or more but not more than 9 % of vinyl acetate and

| — | 1 % or more but not more than 8 % of vinyl alcohol, |
| --- | --- |

—

1 % or more but not more than 8 % of vinyl alcohol,

in one of the forms mentioned in note 6 (a) or (b) to Chapter 39, for the manufacture of goods of headings 3215 or 8523 or for use in the manufacture of coatings for containers and closures of a kind used for preserving food and drink (1)

0  %

31.12.2018

ex 3904 40 00

93

Copolymer of vinyl chloride and methyl acrylate, containing by weight 80 % (± 1 %) of vinyl chloride and 20 % (± 1 %) of methyl acrylate, in the form of a aqueous emulsion

0  %

31.12.2018

ex 3904 50 90

92

Vinylidene-chloride methacrylate co-polymer for use in the manufacture of monofilaments (1)

0  %

31.12.2014

ex 3904 61 00

20

Copolymer of tetrafluoroethylene and trifluoro(heptafluoropropoxy)ethylene, containing 3,2 % or more but not more than 4,6 % by weight of trifluoro(heptafluoropropoxy)ethylene and less than 1 mg/kg of extractable fluoride ions

0  %

31.12.2018

ex 3904 61 00

30

Polytetrafluoroethylene, in the form of powder, of a specific surface of 8 m2/g or more but not more than 12 m2/g, a particle size distribution of 10 % of less than 10 μm and 90 % of less than 35 μm and an average particle size of 20 μm

0  %

31.12.2018

ex 3904 69 80

81

Poly(vinylidene fluoride) (CAS RN 24937-79-9)

0  %

31.12.2015

ex 3904 69 80

85

Copolymer of ethylene with chlorotrifluoroethylene, whether or not modified with hexafluoroisobutylene, in powder, whether or not with fillers

0  %

31.12.2017

ex 3904 69 80

93

Copolymer of ethylene with chlorotrifluoroethylene, in one of the forms mentioned in note 6 (b) to Chapter 39

0  %

31.12.2018

ex 3904 69 80

94

Copolymer of ethylene and tetrafluoroethylene

0  %

31.12.2018

ex 3904 69 80

96

Polychlorotrifluoroethylene, in one of the forms mentioned in note 6 (a) and (b) to Chapter 39

0  %

31.12.2018

ex 3904 69 80

97

Copolymer of chlorotrifluoroethylene and vinylidene difluoride

0  %

31.12.2018

ex 3905 30 00

10

Viscous preparation, essentially consisting of poly(vinyl alcohol) (CAS RN 9002-89-5), an organic solvent and water for use as protective coating of wafers during the manufacturing of semiconductors (1)

0  %

31.12.2017

ex 3905 91 00

20

Water soluble copolymer of ethylene and vinyl alcohol (CAS RN 26221-27-2), containing by weight not more than 13 % of the monomer unit ethylene

0  %

31.12.2017

ex 3905 99 90

92

Polymer of vinylpyrrolidone and dimethylaminoethyl methacrylate, containing by weight 97 % or more but not more than 99 % of vinylpyrrolidone, in the form of a solution in water

0  %

31.12.2018

ex 3905 99 90

95

Hexadecylated or eicosylated polyvinylpyrrolidone

0  %

31.12.2018

ex 3905 99 90

96

Polymer of vinyl formal, in one of the forms mentioned in note 6 (b) to Chapter 39, of a weight average molecular weight (Mw) of 25 000 or more but not more than 150 000 and containing by weight:

| — | 9,5 % or more but not more than 13 % of acetyl groups evaluated as vinyl acetate and |
| --- | --- |

—

9,5 % or more but not more than 13 % of acetyl groups evaluated as vinyl acetate and

| — | 5 % or more but not more than 6,5 % of hydroxy groups evaluated as vinyl alcohol |
| --- | --- |

—

5 % or more but not more than 6,5 % of hydroxy groups evaluated as vinyl alcohol

0  %

31.12.2018

ex 3905 99 90

97

Povidone (INN)-iodine (CAS RN 25655-41-8)

0  %

31.12.2018

ex 3905 99 90

98

Poly(vinyl pyrrolidone) partially substituted by triacontyl groups, containing by weight 78 % or more but not more than 82 % of triacontyl groups

0  %

31.12.2018

3906 90 60

Copolymer of methyl acrylate with ethylene and a monomer containing a non-terminal carboxy group as a substituent, containing by weight 50 % or more of methyl acrylate, whether or not mixed with silicon dioxide

0  %

31.12.2018

ex 3906 90 90

10

Polymerization product of acrylic acid with small quantities of a polyunsaturated monomer, for the manufacture of medicaments of heading 3003 or 3004  (1)

0  %

31.12.2018

ex 3906 90 90

15

Photosensitive resin consisting of modified acrylate, acrylic monomer, catalyst (photoinitiator) and stabilizer

0  %

31.12.2018

ex 3906 90 90

27

Copolymer of stearyl methacrylate, isooctyl acrylate and acrylic acid, dissolved in isopropyl palmitate

0  %

31.12.2017

ex 3906 90 90

30

Copolymer of styrene with hydroxyethyl methacrylate and 2-ethylhexyl acrylate, of a number average molecular weight (Mn) of 500 or more but not more than 6 000

0  %

31.12.2018

ex 3906 90 90

35

White powder of 1,2-ethanediol dimethacrylate-methyl methacrylate copolymer of a particle size of not more than 18 μm, insoluble in water

0  %

31.12.2018

ex 3906 90 90

40

Transparent acrylic polymer in packages of not more than 1 kg, and not for retail sale with:

| — | a viscosity of not more than 50 000 Pa·s at 120 °C as determined by the test method ASTM D 3835 |
| --- | --- |

—

a viscosity of not more than 50 000 Pa·s at 120 °C as determined by the test method ASTM D 3835

| — | a weight average molecular weight (Mw) of more than 500 000 but not more than 1 200 000 according to the Gel Permeation Chromatography (GPC) test, |
| --- | --- |

—

a weight average molecular weight (Mw) of more than 500 000 but not more than 1 200 000 according to the Gel Permeation Chromatography (GPC) test,

| — | a residual monomer content of less than 1 % |
| --- | --- |

—

a residual monomer content of less than 1 %

0  %

31.12.2015

ex 3906 90 90

41

Poly(alkyl acrylate) with an ester alkyl chain of C10 to C30

0  %

31.12.2014

ex 3906 90 90

45

Acrylonitrile-butadiene-styrene-methylmethacrylate copolymer pellets with:

| — | a melting point of 96 °C (± 3 °C), |
| --- | --- |

—

a melting point of 96 °C (± 3 °C),

| — | a specific gravity of 1,03 or more but not more than 1,07, and |
| --- | --- |

—

a specific gravity of 1,03 or more but not more than 1,07, and

containing by weight:

| — | 25 % or more but not more than 50 % of acrylonitrile-butadiene-styrene, and |
| --- | --- |

—

25 % or more but not more than 50 % of acrylonitrile-butadiene-styrene, and

| — | 50 % or more but not more than 75 % of methylmethacrylate |
| --- | --- |

—

50 % or more but not more than 75 % of methylmethacrylate

0  %

31.12.2016

ex 3906 90 90

50

Polymers of esters of acrylic acid with one or more of the following monomers in the chain:

| — | chloromethyl vinyl ether, |
| --- | --- |

—

chloromethyl vinyl ether,

| — | chloroethyl vinyl ether, |
| --- | --- |

—

chloroethyl vinyl ether,

| — | chloromethylstyrene, |
| --- | --- |

—

chloromethylstyrene,

| — | vinyl chloroacetate, |
| --- | --- |

—

vinyl chloroacetate,

| — | methacrylic acid, |
| --- | --- |

—

methacrylic acid,

| — | butenedioic acid monobutyl ester, |
| --- | --- |

—

butenedioic acid monobutyl ester,

containing by weight not more than 5 % of each of the monomeric units, in one of the forms mentioned in note 6 (b) to Chapter 39

0  %

31.12.2018

ex 3906 90 90

65

Polyalkylacrylate, chemically modified with cobalt, with a melting temperature (Tm) of 65 °C (± 5 °C), measured with Differential Scanning Calorimetry (DSC)

0  %

31.12.2018

ex 3906 90 90

80

Polydimethylsiloxane-graft-(polyacrylates; polymethacrylates)

0  %

31.12.2018

ex 3906 90 90

85

Non aqueous dispersion type polymers of esters of acrylic acid with a hydrolyzable silyl group at one or both polymer ends

0  %

31.12.2014

ex 3907 20 11

10

Poly(ethylene oxide) of a number average molecular weight (Mn) of 100 000 or more

0  %

31.12.2018

ex 3907 20 11

20

Bis[Methoxypoly[ethyleneglycol)]-maleimidopropionamide, chemically modified with lysine, of a number average molecular weight (Mn) of 40 000

0  %

31.12.2018

ex 3907 20 11

40

Polyethylene glycol with an ethylene oxide chain length of not more than 30, having butyl-2-cyano 3-(4-hydroxyphenyl) acrylate end groups, for use as a UV barrier in liquid masterbatches (1)

0  %

31.12.2015

ex 3907 20 11

50

[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-hydroxypoly(oxo-1,2-ethanediyl) (CAS RN 104810-48-2)

0  %

31.12.2016

ex 3907 20 11

60

Preparation containing:

| — | α-[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-ω-hydroxypoly(oxy-1,2-ethanediyl) (CAS RN 104810-48-2) and |
| --- | --- |

—

α-[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-ω-hydroxypoly(oxy-1,2-ethanediyl) (CAS RN 104810-48-2) and

| — | α-[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-ω-[3-[3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropoxy]poly(oxy-1,2-ethanediyl) (CAS RN 104810-47-1) |
| --- | --- |

—

α-[3-[3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]-ω-[3-[3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropoxy]poly(oxy-1,2-ethanediyl) (CAS RN 104810-47-1)

0  %

31.12.2016

ex 3907 20 20

20

Polytetramethylene ether glycol with a weight average molecular weight (Mw) of 2 700 or more but not more than 3 100 (CAS RN 25190-06-1)

0  %

31.12.2017

ex 3907 20 20

30

Mixture, containing by weight 70 % or more but not more than 80 % of a polymer of glycerol and 1,2-epoxypropane and 20 % or more but not more than 30 % of a copolymer of dibutyl maleate and N-vinyl-2-pyrrolidone

0  %

31.12.2018

ex 3907 20 20

40

Copolymer of tetrahydrofuran and tetrahydro-3-methylfuran with a number average molecular weight (Mn) of 3 500 (± 100)

0  %

31.12.2018

ex 3907 20 99

15

Poly(oxypropylene) having alkoxysilyl end-groups

0  %

31.12.2018

ex 3907 20 99

30

Homopolymer of 1-chloro-2,3-epoxypropane (epichlorohydrin)

0  %

31.12.2018

ex 3907 20 99

35

Polyethylene glycol chemically modified with an isocyanate group containing a carbodiimide group, in the form of a solution in 2-methoxy-1-methylethyl acetate

0  %

31.12.2018

ex 3907 20 99

45

Copolymer of ethylene oxide and propylene oxide, having aminopropyl and methoxy end-groups

0  %

31.12.2018

ex 3907 20 99

50

Vinyl-silyl terminated perfluoropolyether polymer or an assortment of two components consisting of the same type of vinyl-silyl terminated perfluoropolyether polymer as the main ingredient

0  %

31.12.2018

ex 3907 20 99

55

Succinimidyl ester of methoxy poly(ethylene glycol)propionic acid, of a number average molecular weight (Mn) of 5 000

0  %

31.12.2018

ex 3907 20 99

60

Polytetramethylene oxide di-p-aminobenzoate

0  %

31.12.2016

ex 3907 20 99

65

L-Lysine N-hydroxysuccinimidyl ester.alpha.,.epsilon.-bis(polyethylene glycol monomethylether carbamate) (CAS RN 266318-38-1) of a number average molecular weight (Mn) of 38 000 or more but not more than 40 000

0  %

31.12.2018

ex 3907 30 00

ex 3926 90 97

40

70

Epoxide resin, containing by weight 70 % or more of silicon dioxide, for the encapsulation of goods of headings 8533 , 8535 , 8536 , 8541 , 8542 or 8548  (1)

0  %

31.12.2018

ex 3907 30 00

50

Liquid epoxide resin of 2-propenenitrile/1,3-butadiene-epoxide copolymer, not containing any solvent, with:

| — | a zinc borate hydrate content of not more than 40 % by weight, |
| --- | --- |

—

a zinc borate hydrate content of not more than 40 % by weight,

| — | a diantimony trioxide content of not more than 5 % by weight |
| --- | --- |

—

a diantimony trioxide content of not more than 5 % by weight

0  %

31.12.2018

ex 3907 30 00

60

Polyglycerol polyglycidyl ether resin (CAS RN 105521-63-9)

0  %

31.12.2017

ex 3907 40 00

10

Polycarbonate pellets or granules:

| — | containing 7 % or more but not more than 15 % by weight of non halogen flame retardant, and |
| --- | --- |

—

containing 7 % or more but not more than 15 % by weight of non halogen flame retardant, and

| — | with a specific gravity of 1,20 (± 0,01) |
| --- | --- |

—

with a specific gravity of 1,20 (± 0,01)

0  %

31.12.2016

ex 3907 40 00

20

Polycarbonate pellets or granules with a specific gravity of 1,32 (± 0,03), containing 20 % (± 5 %) of glass fibre

0  %

31.12.2016

ex 3907 40 00

30

Polycarbonate pellets or granules with a specific gravity of 1,18 or more but not more than 1,25, containing by weight:

| — | 77 % or more but not more than 90 % of polycarbonate, |
| --- | --- |

—

77 % or more but not more than 90 % of polycarbonate,

| — | 8 % or more but not more than 20 % of phosphoric acid ester, |
| --- | --- |

—

8 % or more but not more than 20 % of phosphoric acid ester,

| — | 0,1 % or more but not more than 1 % of antioxidant, and |
| --- | --- |

—

0,1 % or more but not more than 1 % of antioxidant, and

whether or not containing 1 % or more but not more than 5 % of flame retardant

0  %

31.12.2016

ex 3907 40 00

40

Polycarbonate granules with:

| — | a melt flow rate of 18 g/10 min/300 °C/1,2 kg (according to ASTM D 1238) |
| --- | --- |

—

a melt flow rate of 18 g/10 min/300 °C/1,2 kg (according to ASTM D 1238)

| — | a tensile strength of 69 MPa according to ASTM D 638 and |
| --- | --- |

—

a tensile strength of 69 MPa according to ASTM D 638 and

| — | a flexural strength of 112 MPa according to ASTM D 790 |
| --- | --- |

—

a flexural strength of 112 MPa according to ASTM D 790

0  %

31.12.2016

ex 3907 40 00

50

Polycarbonate resin, pellets or granules, with:

| — | a specific gravity of 1,20 (± 0,05), |
| --- | --- |

—

a specific gravity of 1,20 (± 0,05),

| — | a heat deflection temperature of 146 °C (± 3 °C) at 4,6 kgf/cm2, and |
| --- | --- |

—

a heat deflection temperature of 146 °C (± 3 °C) at 4,6 kgf/cm2, and

| — | a melt flow index of 20 (± 10) g/10 min at 300 °C/1,2 kg |
| --- | --- |

—

a melt flow index of 20 (± 10) g/10 min at 300 °C/1,2 kg

0  %

31.12.2016

ex 3907 40 00

60

Polycarbonate acrylonitrile-butadiene-styrene pellets or granules with specific gravity of 1,20 (± 0,05), containing by weight:

| — | 65 % or more but not more than 90 % of polycarbonate, |
| --- | --- |

—

65 % or more but not more than 90 % of polycarbonate,

| — | 5 % or more but not more than 15 % of acrylonitrile-butadiene-styrene, |
| --- | --- |

—

5 % or more but not more than 15 % of acrylonitrile-butadiene-styrene,

| — | 5 % or more but not more than 20 % of phosphoric acid ester and, |
| --- | --- |

—

5 % or more but not more than 20 % of phosphoric acid ester and,

| — | 0,1 % or more but not more than 5 % of antioxidant |
| --- | --- |

—

0,1 % or more but not more than 5 % of antioxidant

0  %

31.12.2016

ex 3907 60 80

10

Copolymer of terephthalic acid and isophthalic acid with ethylene glycol, butane-1,4-diol and hexane-1,6-diol

0  %

31.12.2018

ex 3907 60 80

30

Oxygen binding concentrate consisting of a blend of:

| — | a copolymer obtained from poly(ethylene terephthalate), pyromellitic dianhydride (PMDA) and a hydroxyl substituted polybutadiene |
| --- | --- |

—

a copolymer obtained from poly(ethylene terephthalate), pyromellitic dianhydride (PMDA) and a hydroxyl substituted polybutadiene

| — | a barrier co-polymer (as determined by the ASTM method F1115-95 (2001)) obtained from xylylene diamines and adipic acid, and |
| --- | --- |

—

a barrier co-polymer (as determined by the ASTM method F1115-95 (2001)) obtained from xylylene diamines and adipic acid, and

| — | organic dyes and/or organic and inorganic pigments |
| --- | --- |

—

organic dyes and/or organic and inorganic pigments

where the first co-polymer predominates

0  %

31.12.2014

ex 3907 60 80

40

Poly(ethylene terephthalate) pellets or granules:

| — | with a specific gravity of 1,23 or more but not more than 1,27 at 23 °C, and |
| --- | --- |

—

with a specific gravity of 1,23 or more but not more than 1,27 at 23 °C, and

| — | containing not more than 10 % by weight of other modifiers or additives |
| --- | --- |

—

containing not more than 10 % by weight of other modifiers or additives

0  %

31.12.2016

ex 3907 60 80

50

Flexible packages (for oxygen sensitive polymers) manufactured from a laminate of:

| — | not more than 75 μm of polyethylene, |
| --- | --- |

—

not more than 75 μm of polyethylene,

| — | not more than 50 μm of polyamide, |
| --- | --- |

—

not more than 50 μm of polyamide,

| — | not more than 15 μm of polyethylene terephthalate and |
| --- | --- |

—

not more than 15 μm of polyethylene terephthalate and

| — | not more than 9 μm of aluminium |
| --- | --- |

—

not more than 9 μm of aluminium

with a tensile strength of more than 70 N/15 mm and oxygen transmission rate of less than 0,1 cm3/m2/24 hrs at 0,1 MPa

0  %

31.12.2017

3907 70 00

Poly(lactic acid)

0  %

31.12.2018

ex 3907 91 90

10

Diallyl phthalate prepolymer, in powder form

0  %

31.12.2014

ex 3907 99 90

10

Poly(oxy-1,4-phenylenecarbonyl) (CAS RN 26099-71-8), in the form of powder

0  %

31.12.2018

ex 3907 99 90

20

Liquid crystal copolyester with a melting point of not less than 270 °C, whether or not containing fillers

0  %

31.12.2018

ex 3907 99 90

25

Copolymer, containing 72 % by weight or more of terephthalic acid and/or isomers thereof and cyclohexanedimethanol

0  %

31.12.2017

ex 3907 99 90

ex 3913 90 00

30

20

Poly(hydroxyalkanoate), predominantly consisting of poly(3-hydroxybutyrate)

0  %

31.12.2015

ex 3907 99 90

60

Copolymer of terephthalic acid and isophthalic acid with bisphenol A

0  %

31.12.2017

ex 3907 99 90

70

Copolymer of poly(ethylene terephthalate) and cyclohexane dimethanol, containing more than 10 % by weight of cyclohexane dimethanol

0  %

31.12.2014

ex 3907 99 90

80

Copolymer, consisting of 72 % by weight or more of terephthalic acid and/ or derivatives thereof and cyclohexanedimethanol, completed with linear and/ or cyclic dioles

0  %

31.12.2015

ex 3908 90 00

10

Poly(iminomethylene-1,3-phenylenemethyleneiminoadipoyl), in one of the forms mentioned in note 6 (b) to Chapter 39

0  %

31.12.2018

ex 3908 90 00

30

Reaction product of mixtures of octadecanecarboxylic acids polymerised with an aliphatic polyetherdiamine

0  %

31.12.2018

ex 3908 90 00

50

Oxygen binding concentrate consisting of a blend of:

| — | a copolymer obtained from poly(ethyleneterephthalate), pyromellitic dianhydride (PMDA) and a hydroxyl substituted polybutadiene |
| --- | --- |

—

a copolymer obtained from poly(ethyleneterephthalate), pyromellitic dianhydride (PMDA) and a hydroxyl substituted polybutadiene

| — | a barrier co-polymer (as determined by the ASTM method F1115-95 (2001)) obtained from xylylene diamines and adipic acid, and |
| --- | --- |

—

a barrier co-polymer (as determined by the ASTM method F1115-95 (2001)) obtained from xylylene diamines and adipic acid, and

| — | organic dyes and/or organic and inorganic pigments |
| --- | --- |

—

organic dyes and/or organic and inorganic pigments

where the second co-polymer predominates

0  %

31.12.2014

ex 3908 90 00

60

Copolymer consisting of:

| — | hexanedioic acid |
| --- | --- |

—

hexanedioic acid

| — | 12-aminododecanoic acid |
| --- | --- |

—

12-aminododecanoic acid

| — | hexahydro-2H-azepin-2-one, and |
| --- | --- |

—

hexahydro-2H-azepin-2-one, and

| — | 1,6-hexanediamine |
| --- | --- |

—

1,6-hexanediamine

0  %

31.12.2017

ex 3909 40 00

10

Polycondensation product of phenol with formaldehyde, in the form of hollow spheres of a diameter of less than 150 μm

0  %

31.12.2018

ex 3909 40 00

20

Powder of thermosetting resin in which magnetic particles have been evenly distributed, for use in the manufacture of ink for photocopiers, fax machines, printers and multifunction devices (1)

0  %

31.12.2015

ex 3909 40 00

30

Mixture of:

| — | alkylphenol - formaldehyde resin, whether or not brominated, and |
| --- | --- |

—

alkylphenol - formaldehyde resin, whether or not brominated, and

| — | zinc oxide |
| --- | --- |

—

zinc oxide

0  %

31.12.2017

ex 3909 40 00

40

Polymer in powder form with a content of:

| — | phenolic resin polymer (CAS RN 9003-35-4) with 80 % by weight or more but not more than 90 % |
| --- | --- |

—

phenolic resin polymer (CAS RN 9003-35-4) with 80 % by weight or more but not more than 90 %

| — | phenol (CAS RN 108-95-2) with not more than 5 % and |
| --- | --- |

—

phenol (CAS RN 108-95-2) with not more than 5 % and

| — | hexamethylenetetramine (CAS RN 100-97-0) with 5 % by weight or more but not more than 15 % |
| --- | --- |

—

hexamethylenetetramine (CAS RN 100-97-0) with 5 % by weight or more but not more than 15 %

0  %

31.12.2018

ex 3909 50 90

10

UV curable water soluble liquid photopolymer consisting of a mixture by weight of

| — | 60 % or more of two-functional acrylated polyurethane oligomers and |
| --- | --- |

—

60 % or more of two-functional acrylated polyurethane oligomers and

| — | 30 % (± 8 %) of mono-functional and tri-functional (metha) acrylates, and |
| --- | --- |

—

30 % (± 8 %) of mono-functional and tri-functional (metha) acrylates, and

| — | 10 % (± 3 %) of hydroxyl functionalized mono-functional (metha) acrylates |
| --- | --- |

—

10 % (± 3 %) of hydroxyl functionalized mono-functional (metha) acrylates

0  %

31.12.2014

ex 3910 00 00

20

Block copolymer of poly(methyl-3,3,3-trifluoropropylsiloxane) and poly[methyl(vinyl)siloxane]

0  %

31.12.2018

ex 3910 00 00

40

Biocompatible silicones for the manufacture of long term surgical implants (1)

0  %

31.12.2016

ex 3910 00 00

50

Silicone based pressure sensitive adhesive in solvent containing copoly(dimethylsiloxane/diphenylsiloxane) gum

0  %

31.12.2017

ex 3910 00 00

60

Polydimethylsiloxane, whether or not polyethylene glycol and trifluoropropyl substituted, with methacrylate end groups

0  %

31.12.2014

ex 3910 00 00

70

Passivating silicon coating in primary form, to protect edges and prevent short circuits in semiconductor devices

0  %

31.12.2018

ex 3911 10 00

81

Non-hydrogenated hydrocarbon resin, obtained by polymerization of more than 75 % by weight C-5 to C-12 cycloaliphatic alkenes and more than 10 % but not more than 25 % by weight aromatic alkenes yielding a hydrocarbon resin with:

| — | an iodine value of more than 120 and |
| --- | --- |

—

an iodine value of more than 120 and

| — | a Gardner Colour of more than 10 for the pure product or |
| --- | --- |

—

a Gardner Colour of more than 10 for the pure product or

| — | a Gardner Colour of more than 8 for a 50 % solution by weight in toluene (as determined by the ASTM method D6166) |
| --- | --- |

—

a Gardner Colour of more than 8 for a 50 % solution by weight in toluene (as determined by the ASTM method D6166)

0  %

31.12.2018

ex 3911 90 19

10

Poly(oxy-1,4-phenylenesulfonyl-1,4-phenyleneoxy-4,4′-biphenylene)

0  %

31.12.2018

ex 3911 90 19

30

Copolymer of ethyleneimine and ethyleneimine dithiocarbamate, in an aqueous solution of sodium hydroxide

0  %

31.12.2017

ex 3911 90 19

40

m- Xylene formaldehyde resin

0  %

31.12.2016

ex 3911 90 99

25

Copolymer of vinyltoluene and α-methylstyrene

0  %

31.12.2018

ex 3911 90 99

30

1,4:5,8- Dimethanonaphthalene, 2-ethylidene-1,2,3,4,4a,5,8,8a-octahydro-, polymer with 3a,4,7,7a- tetrahydro- 4,7-methano-1H-indene, hydrogenated

0  %

31.12.2015

ex 3911 90 99

31

Copolymers of butadiene and maleic acid, whether or not containing its ammonium salts

0  %

31.12.2014

ex 3911 90 99

35

Alternated copolymer of ethylene and maleic anhydride (EMA)

0  %

31.12.2015

ex 3911 90 99

40

Mixed calcium and sodium salt of a copolymer of maleic acid and methyl vinyl ether, having a calcium content of 9 % or more but not more than 16 % by weight

0  %

31.12.2018

ex 3911 90 99

45

Copolymer of maleic acid and methyl vinyl ether

0  %

31.12.2018

ex 3911 90 99

53

Hydrogenated polymer of 1,2,3,4,4a,5,8,8a-octahydro-1,4:5,8-dimethanonaphthalene with 3a,4,7,7a-tetrahydro-4,7-methano-1H-indene and 4,4a,9,9a-tetrahydro-1,4-methano-1H-fluorene (CAS RN 503442-46-4)

0  %

31.12.2017

ex 3911 90 99

57

Hydrogenated polymer of 1,2,3,4,4a,5,8,8a-octahydro-1,4:5,8-dimethanonaphthalene with 4,4a,9,9a-tetrahydro-1,4-methano-1H-fluorene (CAS RN 503298-02-0)

0  %

31.12.2017

ex 3911 90 99

65

Calcium zinc salt of a copolymer of maleic acid and methyl vinyl ether

0  %

31.12.2018

ex 3911 90 99

86

Copolymer of methyl vinyl ether and maleic acid anhydride (CAS RN 9011-16-9)

0  %

31.12.2016

ex 3912 11 00

30

Cellulose triacetate (CAS RN 9012-09-3)

0  %

31.12.2016

ex 3912 11 00

40

Cellulose diacetate powder

0  %

31.12.2015

ex 3912 20 11

10

Nitrocellulose (CAS RN 9004-70-0)

0  %

31.12.2016

ex 3912 39 85

10

Ethylcellulose, not plasticized

0  %

31.12.2018

ex 3912 39 85

20

Ethylcellulose, in the form of an aqueous dispersion containing hexadecan-1-ol and sodium dodecyl sulphate, containing by weight 27 (± 3) % of ethylcellulose

0  %

31.12.2018

ex 3912 39 85

30

Cellulose, both hydroxyethylated and alkylated with alkyl chain-lengths of 3 or more carbon atoms

0  %

31.12.2018

ex 3912 39 85

40

Hypromellose (INN) (CAS RN 9004-65-3)

0  %

31.12.2016

ex 3912 90 10

10

Cellulose acetate propionate, non-plasticised, in the form of powder:

| — | containing by weight 25 % or more of propionyl (as determined by the ASTM D 817-72 method) and |
| --- | --- |

—

containing by weight 25 % or more of propionyl (as determined by the ASTM D 817-72 method) and

| — | of a viscosity of not more than 120 poise (as determined by the ASTM D 817-72 method), |
| --- | --- |

—

of a viscosity of not more than 120 poise (as determined by the ASTM D 817-72 method),

for the manufacture of printing inks, paints, lacquers and other coatings, and reprographic coatings (1)

0  %

31.12.2018

ex 3912 90 10

20

Hydroxypropyl methylcellulose phthalate

0  %

31.12.2018

ex 3913 90 00

85

Sterile sodium hyaluronate (CAS RN 9067-32-7)

0  %

31.12.2018

ex 3913 90 00

92

Protein, chemically modified by carboxylation and/or phthalic acid addition, having a weight average molecular weight (Mw) of 100 000 to 300 000

0  %

31.12.2018

ex 3913 90 00

94

Granules containing by weight:

| — | 35 % or more but less than 75 % of a high amylose extruded biopolymer produced from corn starch, |
| --- | --- |

—

35 % or more but less than 75 % of a high amylose extruded biopolymer produced from corn starch,

| — | 5 % or more but less than 16 % polyvinyl alcohol, |
| --- | --- |

—

5 % or more but less than 16 % polyvinyl alcohol,

| — | 10 % or more but less than 46 % of polyol plasticisers, |
| --- | --- |

—

10 % or more but less than 46 % of polyol plasticisers,

| — | 0,25 % or more but less than 3 % of stearic acid, |
| --- | --- |

—

0,25 % or more but less than 3 % of stearic acid,

| — | whether or not containing 30 % (± 10 %) of biodegradable polyester resin but never to a level that exceeds the amount of the high amylose biopolymer |
| --- | --- |

—

whether or not containing 30 % (± 10 %) of biodegradable polyester resin but never to a level that exceeds the amount of the high amylose biopolymer

0  %

31.12.2016

ex 3913 90 00

95

Chondroitinsulphuric acid, sodium salt (CAS RN 9082-07-9)

0  %

31.12.2018

ex 3913 90 00

96

Powder consisting of 90 % (± 5 %) by weight of a high amylose extruded biopolymer produced from corn starch, 10 % (± 5 %) by weight of a synthetic polymer and 0,5 % (± 0,25 %) of stearic acid

0  %

31.12.2016

ex 3916 20 00

91

Profiles of poly(vinyl chloride) of a kind used in the manufacture of sheet pilings and facings, containing the following additives:

| — | titanium dioxide |
| --- | --- |

—

titanium dioxide

| — | poly(methyl methacrylate) |
| --- | --- |

—

poly(methyl methacrylate)

| — | calcium carbonate |
| --- | --- |

—

calcium carbonate

| — | binding agents |
| --- | --- |

—

binding agents

0  %

31.12.2014

ex 3916 90 10

10

Rods with cellular structure, containing by weight:

| — | polyamide-6 or poly(epoxy anhydride) |
| --- | --- |

—

polyamide-6 or poly(epoxy anhydride)

| — | 7 % or more but not more than 9 % of polytetrafluorethylene if present |
| --- | --- |

—

7 % or more but not more than 9 % of polytetrafluorethylene if present

| — | 10 % or more but not more than 25 % of inorganic fillers |
| --- | --- |

—

10 % or more but not more than 25 % of inorganic fillers

0  %

31.12.2018

ex 3917 32 00

91

Pipe consisting of a block copolymer of polytetrafluoroethylene and polyperfluoroalkoxytrifluoroethylene, of a length of not more than 600 mm, a diameter of not more than 85 mm and a wall-thickness of 30 μm or more but not more than 110 μm

0  %

31.12.2018

ex 3917 40 00

91

Plastic connectors containing O-rings, a retainer clip and a release system for insertion into car fuel hoses

0  %

31.12.2014

ex 3919 10 19

ex 3919 10 80

ex 3919 90 00

10

25

31

Reflecting film, consisting of a layer of polyurethane, with, on one side, security imprints against counterfeiting, alteration or substitution of data or duplication, or an official mark for an intended use, and embedded glass beads and, on the other side, an adhesive layer, covered on one side or on both sides with a release film

0  %

31.12.2018

ex 3919 10 19

20

Rolls of two-sided adhesive tape:

| — | coated with non-vulcanised natural or synthetic rubber |
| --- | --- |

—

coated with non-vulcanised natural or synthetic rubber

| — | with a width of 20 mm or more but not more than 40 mm |
| --- | --- |

—

with a width of 20 mm or more but not more than 40 mm

| — | containing silicone, aluminium hydroxide, acryl and urethane |
| --- | --- |

—

containing silicone, aluminium hydroxide, acryl and urethane

0  %

31.12.2018

ex 3919 10 80

ex 3919 90 00

ex 3920 61 00

21

21

20

Reflecting sheet, consisting of:

| — | a polycarbonate or acrylic polymer film totally embossed on one side in a regular shaped pattern, |
| --- | --- |

—

a polycarbonate or acrylic polymer film totally embossed on one side in a regular shaped pattern,

| — | covered on both sides with one or more layers of plastic material, |
| --- | --- |

—

covered on both sides with one or more layers of plastic material,

| — | whether or not covered on one side with a self-adhesive layer and a release sheet |
| --- | --- |

—

whether or not covered on one side with a self-adhesive layer and a release sheet

0  %

31.12.2018

ex 3919 10 80

23

Reflecting film, consisting of several layers including:

| — | poly(vinyl chloride); |
| --- | --- |

—

poly(vinyl chloride);

| — | polyurethane with, on one side, imprints against counterfeiting, alteration or substitution of data or duplication, and on the other side, a layer of glass microspheres; |
| --- | --- |

—

polyurethane with, on one side, imprints against counterfeiting, alteration or substitution of data or duplication, and on the other side, a layer of glass microspheres;

| — | a layer incorporating a security and/or official mark which changes appearance with angle of view; |
| --- | --- |

—

a layer incorporating a security and/or official mark which changes appearance with angle of view;

| — | metallized aluminium; |
| --- | --- |

—

metallized aluminium;

| — | and adhesive, covered on one side with a release liner |
| --- | --- |

—

and adhesive, covered on one side with a release liner

0  %

31.12.2014

ex 3919 10 80

ex 3919 90 00

27

20

Polyester film:

| — | coated on one side with an acrylic thermal release adhesive that debonds at temperatures of 90 °C or more but not more than 200 °C, and a polyester liner, and |
| --- | --- |

—

coated on one side with an acrylic thermal release adhesive that debonds at temperatures of 90 °C or more but not more than 200 °C, and a polyester liner, and

| — | on the other side not coated or coated with an acrylic pressure sensitive adhesive or with an acrylic thermal release adhesive that debonds at temperatures of 90 °C or more but not more than 200 °C, and a polyester liner |
| --- | --- |

—

on the other side not coated or coated with an acrylic pressure sensitive adhesive or with an acrylic thermal release adhesive that debonds at temperatures of 90 °C or more but not more than 200 °C, and a polyester liner

0  %

31.12.2014

ex 3919 10 80

30

Double-sided, self-adhesive modified epoxy resin foil, put up in rolls, 10 to 20 cm wide, 10 to 210 m long and with a total thickness of 10 to 50 μm, not for retail sale

0  %

31.12.2016

ex 3919 10 80

32

Polytetrafluoroethylene film:

| — | with a thickness of 110 μm or more, |
| --- | --- |

—

with a thickness of 110 μm or more,

| — | with a surface resistance of between 102-1014 ohms as determined by test method ASTM D 257, |
| --- | --- |

—

with a surface resistance of between 102-1014 ohms as determined by test method ASTM D 257,

| — | coated on one side with an acrylic pressure sensitive adhesive |
| --- | --- |

—

coated on one side with an acrylic pressure sensitive adhesive

0  %

31.12.2014

ex 3919 10 80

35

Reflecting film, consisting of a layer of poly(vinyl chloride), a layer of alkyd polyester, with, on one side, security imprints against counterfeiting, alteration or substitution of data or duplication, or an official mark for an intended use, only visible by means of a retroreflecting lighting, and embedded glass beads and, on the other side, an adhesive layer, covered on one side or on both sides with a release film

0  %

31.12.2018

ex 3919 10 80

37

Polytetrafluoroethylene film:

| — | with a thickness of 100 μm or more, |
| --- | --- |

—

with a thickness of 100 μm or more,

| — | an elongation at break of not more than 100 %, |
| --- | --- |

—

an elongation at break of not more than 100 %,

| — | coated on one side with a pressure sensitive silicon adhesive |
| --- | --- |

—

coated on one side with a pressure sensitive silicon adhesive

0  %

31.12.2014

ex 3919 10 80

ex 3919 90 00

40

43

Black poly(vinyl chloride) film:

| — | with a gloss of more than 30 degrees according to ASTM D2457, |
| --- | --- |

—

with a gloss of more than 30 degrees according to ASTM D2457,

| — | whether or not covered on one side with a protective poly(ethyleneterephthalate) film, and on the other side with a pressure sensitive adhesive with channels and a release liner |
| --- | --- |

—

whether or not covered on one side with a protective poly(ethyleneterephthalate) film, and on the other side with a pressure sensitive adhesive with channels and a release liner

0  %

31.12.2016

ex 3919 10 80

ex 3919 90 00

43

26

Ethylene vinyl acetate film:

| — | of a thickness of 100 μm or more, |
| --- | --- |

—

of a thickness of 100 μm or more,

| — | coated on one side with an acrylic pressure sensitive or UV-sensitive adhesive and a polyester liner |
| --- | --- |

—

coated on one side with an acrylic pressure sensitive or UV-sensitive adhesive and a polyester liner

0  %

31.12.2014

ex 3919 10 80

ex 3919 90 00

45

45

Reinforced polyethylene foam tape, coated on both sides with an acrylic micro channelled pressure sensitive adhesive and on one side a liner, with an application thickness of 0,38 mm or more but not more than 1,53 mm

0  %

31.12.2017

ex 3919 10 80

ex 3919 90 00

47

32

Polyester, polyurethane or polycarbonate foil:

| — | with pressure sensitive silicone polymer adhesive, |
| --- | --- |

—

with pressure sensitive silicone polymer adhesive,

| — | of a total thickness of not more than 0,7 mm, |
| --- | --- |

—

of a total thickness of not more than 0,7 mm,

| — | of a total width of 1 cm or more, but not more than 1 m, |
| --- | --- |

—

of a total width of 1 cm or more, but not more than 1 m,

| — | whether or not in rolls |
| --- | --- |

—

whether or not in rolls

of a kind used for the protection of the surface of products of headings 8521 and 8528

0  %

31.12.2017

ex 3919 10 80

ex 3919 90 00

ex 3920 10 89

50

41

25

Adhesive film consisting of a base of a copolymer of ethylene and vinyl acetate (EVA) of a thickness of 70 μm or more and an adhesive part of acrylic type of a thickness of 5 μm or more, for use in the grinding and/or dicing process of silicon discs (1)

0  %

31.12.2018

ex 3919 10 80

ex 3919 90 00

ex 3920 10 28

ex 3920 10 89

53

34

93

50

Polyethylene foil:

| — | with pressure sensitive, non-rubber adhesive adhering solely to clean and smooth surfaces, |
| --- | --- |

—

with pressure sensitive, non-rubber adhesive adhering solely to clean and smooth surfaces,

| — | of a total thickness of 0,025 mm or more, but not more than 0,7 mm, and |
| --- | --- |

—

of a total thickness of 0,025 mm or more, but not more than 0,7 mm, and

| — | of a total width of 6 cm or more, but not more than 1 m, |
| --- | --- |

—

of a total width of 6 cm or more, but not more than 1 m,

| — | whether or not in rolls, |
| --- | --- |

—

whether or not in rolls,

of a kind used for the protection of the surface of products of headings 8521 and 8528

0  %

31.12.2017

ex 3919 10 80

ex 3919 90 00

55

53

Acrylic foam tape, covered on one side with a heat activatable adhesive or an acrylic pressure sensitive adhesive and on the other side with an acrylic pressure sensitive adhesive and a release sheet, of a peel adhesion at an angle of 90 ° of more than 25 N/cm (as determined by the ASTM D 3330 method)

0  %

31.12.2017

ex 3919 10 80

60

Reflecting laminated sheet showing a regular pattern, consisting of a film of poly(methylmethacrylate), followed by a layer of acrylic polymer containing microprisms, a film of poly(methylmethacrylate), an adhesive layer and a release sheet

0  %

31.12.2018

ex 3919 10 80

ex 3919 90 00

65

57

Self-adhesive reflecting sheet whether or not in segmented pieces:

| — | showing a regular pattern, |
| --- | --- |

—

showing a regular pattern,

| — | with or without an application tape layer, |
| --- | --- |

—

with or without an application tape layer,

| — | consisting of a film of acrylic polymer followed by a layer of poly(methyl methacrylate) containing microprisms, |
| --- | --- |

—

consisting of a film of acrylic polymer followed by a layer of poly(methyl methacrylate) containing microprisms,

| — | whether or not containing an additional layer of polyester and |
| --- | --- |

—

whether or not containing an additional layer of polyester and

| — | an adhesive with a final release sheet |
| --- | --- |

—

an adhesive with a final release sheet

0  %

31.12.2018

ex 3919 10 80

ex 3919 90 00

70

75

Rolls of polyethylene foil:

| — | self-adhesive on one side, |
| --- | --- |

—

self-adhesive on one side,

| — | of a total thickness of 0,025 mm or more, but not more than 0,09 mm, |
| --- | --- |

—

of a total thickness of 0,025 mm or more, but not more than 0,09 mm,

| — | of a total width of 60 mm or more, but not more than 1 110  mm, |
| --- | --- |

—

of a total width of 60 mm or more, but not more than 1 110  mm,

of a kind used for the protection of the surface of products of headings 8521 or 8528

0  %

31.12.2016

ex 3919 10 80

ex 3919 90 00

75

80

Self-adhesive reflecting film, consisting of several layers including:

| — | a copolymer of acrylic resin, |
| --- | --- |

—

a copolymer of acrylic resin,

| — | polyurethane, |
| --- | --- |

—

polyurethane,

| — | a metalised layer with, on one side, laser imprints against counterfeiting, alteration or substitution of data or duplications, or an official mark for an intended use, |
| --- | --- |

—

a metalised layer with, on one side, laser imprints against counterfeiting, alteration or substitution of data or duplications, or an official mark for an intended use,

| — | glass microspheres, and |
| --- | --- |

—

glass microspheres, and

| — | an adhesive layer, with a release liner on one or both sides |
| --- | --- |

—

an adhesive layer, with a release liner on one or both sides

0  %

31.12.2016

ex 3919 10 80

ex 3919 90 00

80

83

Acrylic tape put up in rolls:

| — | self-adhesive on both sides, |
| --- | --- |

—

self-adhesive on both sides,

| — | of a total thickness of 0,04 mm or more, but not more than 1,25 mm, |
| --- | --- |

—

of a total thickness of 0,04 mm or more, but not more than 1,25 mm,

| — | of a total width of 5 mm or more but not more than 1 205  mm |
| --- | --- |

—

of a total width of 5 mm or more but not more than 1 205  mm

for use in the manufacture of products of headings 8521 and 8528  (1)

0  %

31.12.2016

ex 3919 10 80

ex 3919 90 00

85

28

Poly(vinyl chloride) or polyethylene or any other polyolefine film:

| — | of a thickness of 65 μm or more, |
| --- | --- |

—

of a thickness of 65 μm or more,

| — | coated on one side with an acrylic UV-sensitive adhesive and a polyester liner |
| --- | --- |

—

coated on one side with an acrylic UV-sensitive adhesive and a polyester liner

0  %

31.12.2014

ex 3919 90 00

19

Transparent poly(ethylene terephthalate) self-adhesive film:

| — | free from impurities or faults, |
| --- | --- |

—

free from impurities or faults,

| — | coated on one side with an acrylic pressure sensitive adhesive and a protective liner, and on the other side with an antistatic layer of ionic organic choline compound, |
| --- | --- |

—

coated on one side with an acrylic pressure sensitive adhesive and a protective liner, and on the other side with an antistatic layer of ionic organic choline compound,

| — | whether or not with a printable dust-proof layer of modified long chain alkyl organic compound, |
| --- | --- |

—

whether or not with a printable dust-proof layer of modified long chain alkyl organic compound,

| — | with a total thickness without the liner of 54 μm or more but not more than 64 μm, and |
| --- | --- |

—

with a total thickness without the liner of 54 μm or more but not more than 64 μm, and

| — | a width of more than 1 295  mm but not more than 1 305  mm |
| --- | --- |

—

a width of more than 1 295  mm but not more than 1 305  mm

0  %

31.12.2018

ex 3919 90 00

22

Black polypropylene film:

| — | with a gloss of more than 20 degrees as determined by test method ASTM D2457, |
| --- | --- |

—

with a gloss of more than 20 degrees as determined by test method ASTM D2457,

| — | whether or not covered on one side with a protective poly(ethylene terephthalate) film and on the other side with a pressure sensitive adhesive with channels and a release liner |
| --- | --- |

—

whether or not covered on one side with a protective poly(ethylene terephthalate) film and on the other side with a pressure sensitive adhesive with channels and a release liner

0  %

31.12.2014

ex 3919 90 00

23

Film consisting of 1 to 3 laminated layers of poly(ethylene terephthalate) and a copolymer of terephthalic acid, sebacic acid and ethylene glycol, coated on one side with an acrylic abrasion resistant coating and on the other side with an acrylic pressure sensitive adhesive, a water soluble methylcellulose coating and a poly(ethylene terephthalate) protective liner

0  %

31.12.2018

ex 3919 90 00

24

Reflecting laminated sheet:

| — | consisting of an epoxy acrylate layer embossed on one side in a regular shaped pattern, |
| --- | --- |

—

consisting of an epoxy acrylate layer embossed on one side in a regular shaped pattern,

| — | covered on both sides with one or more layers of plastic material and |
| --- | --- |

—

covered on both sides with one or more layers of plastic material and

| — | covered on one side with an adhesive layer and a release sheet |
| --- | --- |

—

covered on one side with an adhesive layer and a release sheet

0  %

31.12.2014

ex 3919 90 00

25

Film consisting of a multi-layer construction of poly(ethylene terephthalate) and copolymer of butylacrylate and methylmethacrylate, coated on one side with an acrylic abrasion resistant coating incorporating nanoparticles of antimony tin oxide and carbon black, and on the other side with an acrylic pressure sensitive adhesive and a silicone-coated poly(ethylene terephthalate) protective liner

0  %

31.12.2017

ex 3919 90 00

27

Poly(ethylene terephthalate) film, with an adhesive strength of not more than 0,147 N/25 mm and an electrostatic discharge of not more than 500 V

0  %

31.12.2018

ex 3919 90 00

29

Polyester film coated on both sides with an acrylic and/or rubber (pressure sensitive) adhesive put up in rolls of a width of 45,7 cm or more but not more than 132 cm (supplied with a release liner)

0  %

31.12.2014

ex 3919 90 00

33

Transparent poly(ethylene) self-adhesive film, free from impurities or faults, coated on one side with an acrylic pressure sensitive adhesive, with a thickness of 60 μm or more, but not more than 70 μm, and with a width of more than 1 245  mm but not more than 1 255  mm

0  %

31.12.2018

ex 3919 90 00

35

Reflecting layered sheet on rolls, with a width of more than 20 cm, showing an embossed regular pattern, consisting of poly(vinyl chloride) film coated on one side with:

| — | a layer of polyurethane containing glass micro beads, |
| --- | --- |

—

a layer of polyurethane containing glass micro beads,

| — | a layer of poly(ethylene vinyl acetate), |
| --- | --- |

—

a layer of poly(ethylene vinyl acetate),

| — | an adhesive layer, and |
| --- | --- |

—

an adhesive layer, and

| — | a release sheet |
| --- | --- |

—

a release sheet

0  %

31.12.2018

ex 3919 90 00

ex 3920 49 10

36

95

Printed laminated sheet with a central layer of poly(vinyl chloride), coated on both sides with a layer of poly(vinyl fluoride)

| — | whether or not with a pressure or heat sensitive adhesive layer |
| --- | --- |

—

whether or not with a pressure or heat sensitive adhesive layer

| — | whether or not with a release film |
| --- | --- |

—

whether or not with a release film

| — | with a toxicity (as determined by test method ABD 0031) of not more than 70 ppm hydrogen fluoride, not more than 120 ppm hydrogen chloride, not more than 10 ppm hydrogen cyanide, not more than 10 ppm nitrogen oxides, not more than 300 ppm carbon monoxide and not more than 10 ppm dihydrogen sulphide and sulphur dioxide taken together |
| --- | --- |

—

with a toxicity (as determined by test method ABD 0031) of not more than 70 ppm hydrogen fluoride, not more than 120 ppm hydrogen chloride, not more than 10 ppm hydrogen cyanide, not more than 10 ppm nitrogen oxides, not more than 300 ppm carbon monoxide and not more than 10 ppm dihydrogen sulphide and sulphur dioxide taken together

| — | with a flammability within 60 seconds of not more than 130 mm (as determined by test method FAR 25 App.F Pt. I Amdt.83) |
| --- | --- |

—

with a flammability within 60 seconds of not more than 130 mm (as determined by test method FAR 25 App.F Pt. I Amdt.83)

| — | with a weight (without release film) of 240 g/m2 (± 30 g/m2) without adhesive layer, of 340 g/m2 (± 40 g/m2) with heat sensitive adhesive layer or of 330 g/m2 (± 40 gm2) with pressure sensitive layer |
| --- | --- |

—

with a weight (without release film) of 240 g/m2 (± 30 g/m2) without adhesive layer, of 340 g/m2 (± 40 g/m2) with heat sensitive adhesive layer or of 330 g/m2 (± 40 gm2) with pressure sensitive layer

0  %

31.12.2017

ex 3919 90 00

37

UV-absorbing film of poly (vinyl chloride):

| — | with a thickness of 78 μm or more, |
| --- | --- |

—

with a thickness of 78 μm or more,

| — | covered on one side with an adhesive layer and with a release sheet, |
| --- | --- |

—

covered on one side with an adhesive layer and with a release sheet,

| — | with an adhesive strength of 1 764 mN / 25 mm or more |
| --- | --- |

—

with an adhesive strength of 1 764 mN / 25 mm or more

0  %

31.12.2014

ex 3919 90 00

38

Self-adhesive film composed of:

| — | a top layer predominantly of polyurethane mixed with acrylic polymer emulsions and titanium dioxide, |
| --- | --- |

—

a top layer predominantly of polyurethane mixed with acrylic polymer emulsions and titanium dioxide,

| — | whether or not containing a second layer of a mixture of vinyl acetate-ethylene copolymer and cross-linkable vinyl acetate polymer emulsions, |
| --- | --- |

—

whether or not containing a second layer of a mixture of vinyl acetate-ethylene copolymer and cross-linkable vinyl acetate polymer emulsions,

| — | not more than 6 % by weight of other additives, |
| --- | --- |

—

not more than 6 % by weight of other additives,

| — | a pressure sensitive adhesive; and |
| --- | --- |

—

a pressure sensitive adhesive; and

| — | covered on one side with a release liner, |
| --- | --- |

—

covered on one side with a release liner,

| — | whether or not with a separate self-adhesive over laminate protective film, |
| --- | --- |

—

whether or not with a separate self-adhesive over laminate protective film,

| — | of a total thickness of not more than 400 μm |
| --- | --- |

—

of a total thickness of not more than 400 μm

0  %

31.12.2017

ex 3919 90 00

39

Poly(vinyl chloride) sheeting, of a thickness of less than 1 mm, coated with an adhesive in which are embedded glass balls of a diameter of not more than 100 μm

0  %

31.12.2018

ex 3919 90 00

40

Film, with a total thickness of 40 μm or more, consisting of one or more layers of transparent polyester film:

| — | containing at least one infrared reflective layer with a total normal reflectance according to EN 12898 of 80 % or more |
| --- | --- |

—

containing at least one infrared reflective layer with a total normal reflectance according to EN 12898 of 80 % or more

| — | having on one side a layer with a normal emissivity according to EN 12898 of not more than 0,2 |
| --- | --- |

—

having on one side a layer with a normal emissivity according to EN 12898 of not more than 0,2

| — | coated on the other side with a pressure sensitive adhesive and a release liner |
| --- | --- |

—

coated on the other side with a pressure sensitive adhesive and a release liner

0  %

31.12.2017

ex 3919 90 00

42

Self-adhesive film composed of:

| — | a first layer containing a mixture of thermoplastic polyurethane and anti-blocking agent, |
| --- | --- |

—

a first layer containing a mixture of thermoplastic polyurethane and anti-blocking agent,

| — | a second layer containing a maleic anhydride copolymer, |
| --- | --- |

—

a second layer containing a maleic anhydride copolymer,

| — | a third layer containing a mixture of low density polyethylene, titanium dioxide and additives, |
| --- | --- |

—

a third layer containing a mixture of low density polyethylene, titanium dioxide and additives,

| — | a fourth layer containing a mixture of low density polyethylene, titanium dioxide, additives and colour pigment, |
| --- | --- |

—

a fourth layer containing a mixture of low density polyethylene, titanium dioxide, additives and colour pigment,

| — | a pressure sensitive adhesive; and |
| --- | --- |

—

a pressure sensitive adhesive; and

| — | covered on one side with a release liner |
| --- | --- |

—

covered on one side with a release liner

| — | whether or not with a separate self-adhesive over laminate protective film |
| --- | --- |

—

whether or not with a separate self-adhesive over laminate protective film

| — | of a total thickness of not more than 400 μm |
| --- | --- |

—

of a total thickness of not more than 400 μm

0  %

31.12.2017

ex 3919 90 00

ex 3921 90 60

44

95

Printed laminated sheet

| — | with a core layer of glass fabric, coated on each side with a layer of poly(vinyl chloride), |
| --- | --- |

—

with a core layer of glass fabric, coated on each side with a layer of poly(vinyl chloride),

| — | on one side covered with a layer of poly(vinyl fluoride), |
| --- | --- |

—

on one side covered with a layer of poly(vinyl fluoride),

| — | whether or not with a pressure sensitive adhesive layer and a release film on the other side, |
| --- | --- |

—

whether or not with a pressure sensitive adhesive layer and a release film on the other side,

| — | with a toxicity (as determined by test method ABD 0031) of not more than 50 ppm hydrogen fluoride, not more than 85 ppm hydrogen chloride, not more than 10 ppm hydrogen cyanide, not more than 10 ppm nitrogen oxides, not more than 300 ppm carbon monoxide and not more than 10 ppm dihydrogen sulphide and sulphur dioxide taken together, |
| --- | --- |

—

with a toxicity (as determined by test method ABD 0031) of not more than 50 ppm hydrogen fluoride, not more than 85 ppm hydrogen chloride, not more than 10 ppm hydrogen cyanide, not more than 10 ppm nitrogen oxides, not more than 300 ppm carbon monoxide and not more than 10 ppm dihydrogen sulphide and sulphur dioxide taken together,

| — | with a flammability within 60 seconds of not more than 110 mm (as determined by test method FAR 25 App.F Pt. I Amdt.83), and |
| --- | --- |

—

with a flammability within 60 seconds of not more than 110 mm (as determined by test method FAR 25 App.F Pt. I Amdt.83), and

| — | with a weight (without release film) of 490 g/m2 (± 45 g/m2) without adhesive layer or of 580 g/m2 (± 50 g/m2) with pressure sensitive layer |
| --- | --- |

—

with a weight (without release film) of 490 g/m2 (± 45 g/m2) without adhesive layer or of 580 g/m2 (± 50 g/m2) with pressure sensitive layer

0  %

31.12.2017

ex 3919 90 00

ex 9001 20 00

47

40

Polariser film, in rolls, consisting of a multilayered polyvinyl alcohol film, supported on either side by a triacetyl cellulose film, with a pressure sensitive adhesive and release film on one side

0  %

31.12.2017

ex 3919 90 00

49

Reflecting laminated sheet consisting of a film of poly(methyl methacrylate) embossed on one side in a regular shaped pattern, a film of a polymer containing glass microspheres, an adhesive layer and a release sheet

0  %

31.12.2018

ex 3919 90 00

51

Biaxially-oriented film of poly(methyl methacrylate), of a thickness of 50 μm or more but not exceeding 90 μm, covered on one side with an adhesive layer and a release sheet

0  %

31.12.2018

ex 3919 90 00

60

Reflecting film containing:

| — | a poly(vinyl chloride) layer, |
| --- | --- |

—

a poly(vinyl chloride) layer,

| — | a polyurethane layer, |
| --- | --- |

—

a polyurethane layer,

| — | a glass microspheres layer, |
| --- | --- |

—

a glass microspheres layer,

| — | a layer whether or not incorporating a security and/or official mark which changes appearance with angle of view, |
| --- | --- |

—

a layer whether or not incorporating a security and/or official mark which changes appearance with angle of view,

| — | a metallised aluminium layer, and |
| --- | --- |

—

a metallised aluminium layer, and

| — | an adhesive, covered on one side with a release liner |
| --- | --- |

—

an adhesive, covered on one side with a release liner

0  %

31.12.2015

ex 3919 90 00

63

Co-extruded trilayer film,

| — | each layer containing a mixture of polypropylene and polyethylene, |
| --- | --- |

—

each layer containing a mixture of polypropylene and polyethylene,

| — | containing not more than 3 % by weight of other polymers, |
| --- | --- |

—

containing not more than 3 % by weight of other polymers,

| — | whether or not containing titanium dioxide in the core layer, |
| --- | --- |

—

whether or not containing titanium dioxide in the core layer,

| — | coated with an acrylic pressure sensitive adhesive and |
| --- | --- |

—

coated with an acrylic pressure sensitive adhesive and

| — | with a release liner |
| --- | --- |

—

with a release liner

| — | of an overall thickness of not more than 110 μm |
| --- | --- |

—

of an overall thickness of not more than 110 μm

0  %

31.12.2015

ex 3919 90 00

65

Self-adhesive film with a thickness of 40 μm or more, but not more than 400 μm, consisting of one or more layers of transparent, metallised or dyed poly(ethylene terephthalate), covered on one side with a scratch resistant coating and on the other side with a pressure sensitive adhesive and a release liner

0  %

31.12.2015

ex 3919 90 00

70

Self-adhesive polishing discs of microporous polyurethane, whether or not coated with a pad

0  %

31.12.2015

ex 3919 90 00

81

Film of a minimum thickness of 0,36 mm, consisting of the following:

| — | an embossed polyester layer, |
| --- | --- |

—

an embossed polyester layer,

| — | a caprolactone-cyclohexylene isocyanate copolymer layer, |
| --- | --- |

—

a caprolactone-cyclohexylene isocyanate copolymer layer,

| — | a pressure sensitive adhesive |
| --- | --- |

—

a pressure sensitive adhesive

and covered on one side with a release liner

0  %

31.12.2018

ex 3919 90 00

85

Multi-layered film of poly(methyl methacrylate) and metallised layers of silver and copper:

| — | having a minimum reflectance of 93,5 % as determined by ASTM G173-03, |
| --- | --- |

—

having a minimum reflectance of 93,5 % as determined by ASTM G173-03,

| — | covered on one side with a removable layer of polyethylene, |
| --- | --- |

—

covered on one side with a removable layer of polyethylene,

| — | covered on the other side with an acrylic pressure sensitive adhesive and a siliconised polyester liner |
| --- | --- |

—

covered on the other side with an acrylic pressure sensitive adhesive and a siliconised polyester liner

0  %

31.12.2016

ex 3919 90 00

87

Self-adhesive transparent film, having a transmittance of more than 90 % and a haze of less than 3 % (as determined by ASTM D1003), consisting of several layers including:

| — | an acrylic adhesive layer with a thickness of 20 μm or more but not more than 70 μm, |
| --- | --- |

—

an acrylic adhesive layer with a thickness of 20 μm or more but not more than 70 μm,

| — | a polyurethane based layer with a thickness of 100 μm or more but not more than 300 μm |
| --- | --- |

—

a polyurethane based layer with a thickness of 100 μm or more but not more than 300 μm

0  %

31.12.2016

ex 3920 10 25

ex 3920 10 89

10

20

Film of a thickness of not more than 0,20 mm, of a blend of polyethylene and a copolymer of ethylene with oct-1-ene, embossed in a regular rhomboidal pattern, for coating both sides of a layer of unvulcanized rubber (1)

0  %

31.12.2018

ex 3920 10 25

20

Film of polyethylene, of a kind used for typewriter ribbon

0  %

31.12.2018

ex 3920 10 28

91

Poly(ethylene) film printed with a graphic design, which is achieved by using four base colours in ink plus specialist colours, to achieve multiple colours in ink on one side of the film, and one colour on the opposite side, the graphic design also has the following characteristics:

| — | is repetitive and equally spaced along the length of the film |
| --- | --- |

—

is repetitive and equally spaced along the length of the film

| — | is equally and visibly aligned when viewed from the back or front of the film |
| --- | --- |

—

is equally and visibly aligned when viewed from the back or front of the film

0  %

31.12.2018

ex 3920 10 40

30

Co-extruded seven to nine layered film predominately of copolymers of ethylene or functionalized polymers of ethylene, consisting of:

| — | a tri-layer barrier with a core layer predominantly of ethylene vinyl alcohol covered on either side with a layer predominantly of cyclic olefin polymers, |
| --- | --- |

—

a tri-layer barrier with a core layer predominantly of ethylene vinyl alcohol covered on either side with a layer predominantly of cyclic olefin polymers,

| — | covered on either side with two or more layers of polymeric material, |
| --- | --- |

—

covered on either side with two or more layers of polymeric material,

and having an overall total thickness of not more than 110 μm

0  %

31.12.2017

ex 3920 10 89

30

Ethylene vinyl acetate (EVA) film with:

| — | a raised relief surface with embossed undulations, and |
| --- | --- |

—

a raised relief surface with embossed undulations, and

| — | a thickness of more than 0,125 mm |
| --- | --- |

—

a thickness of more than 0,125 mm

0  %

31.12.2016

ex 3920 10 89

40

Composite sheet containing an acrylic coating and laminated to a high-density polyethylene layer, of a total thickness of 0,8 mm or more but not more than 1,2 mm

0  %

31.12.2016

ex 3920 20 21

30

Biaxially oriented polypropylene film with a coextruded layer of polyethylene on one side and a total thickness of 11,5 μm or more but not more than 13,5 μm

0  %

31.12.2018

ex 3920 20 21

40

Sheets of biaxially - oriented polypropylene film:

| — | with the thickness of not more than 0,1 mm, |
| --- | --- |

—

with the thickness of not more than 0,1 mm,

| — | printed on both sides with specialised coatings to allow banknote security printing |
| --- | --- |

—

printed on both sides with specialised coatings to allow banknote security printing

0  %

31.12.2016

ex 3920 20 29

ex 8507 90 30

50

95

Sheet of polypropylene in the form of a roll:

| — | with a thickness of not more than 30 μm, |
| --- | --- |

—

with a thickness of not more than 30 μm,

| — | of a width of not more than 210 mm, |
| --- | --- |

—

of a width of not more than 210 mm,

| — | conforming to ASTM D882, |
| --- | --- |

—

conforming to ASTM D882,

for use in the manufacture of separators for lithium-ion electric vehicle batteries (1)

0  %

31.12.2016

ex 3920 20 29

ex 3920 20 80

55

93

Co-extruded seven to nine layered film predominately of copolymers of propylene, consisting of:

| — | a tri-layer barrier with a core layer predominantly of ethylene vinyl alcohol covered on either side with a layer predominantly of cyclic olefin polymers, |
| --- | --- |

—

a tri-layer barrier with a core layer predominantly of ethylene vinyl alcohol covered on either side with a layer predominantly of cyclic olefin polymers,

| — | covered on either side with two or more layers of polymeric material, |
| --- | --- |

—

covered on either side with two or more layers of polymeric material,

and having an overall total thickness of not more than 110 μm

0  %

31.12.2017

ex 3920 20 29

92

Mono-axial oriented film, of a total thickness of not more than 75 μm, consisting of two or three layers, each layer containing a mixture of polypropylene and polyethylene, with a core layer whether or not containing titanium dioxide, having:

| — | a tensile strength in the machine direction of 140 MPa or more but not more than 270 MPa and |
| --- | --- |

—

a tensile strength in the machine direction of 140 MPa or more but not more than 270 MPa and

| — | a tensile strength in the transverse direction of 20 MPa or more but not more than 40 MPa |
| --- | --- |

—

a tensile strength in the transverse direction of 20 MPa or more but not more than 40 MPa

as determined by test method ASTM D882/ISO 527-3

0  %

31.12.2018

ex 3920 20 29

93

Mono-axial oriented film, consisting of three layers, each layer consisting of a mixture of polypropylene and a copolymer of ethylene and vinyl acetate, having:

| — | a thickness of 55 μm or more but not more than 97 μm, |
| --- | --- |

—

a thickness of 55 μm or more but not more than 97 μm,

| — | a tensile modulus in the machine direction of 0,75 GPa or more but not more than 1,45 GPa, and |
| --- | --- |

—

a tensile modulus in the machine direction of 0,75 GPa or more but not more than 1,45 GPa, and

| — | a tensile modulus in the transverse direction of 0,20 GPa or more but not more than 0,55 GPa |
| --- | --- |

—

a tensile modulus in the transverse direction of 0,20 GPa or more but not more than 0,55 GPa

0  %

31.12.2014

ex 3920 20 29

94

Co-extruded trilayer film,

| — | each layer containing a mixture of polypropylene and polyethylene, |
| --- | --- |

—

each layer containing a mixture of polypropylene and polyethylene,

| — | containing not more than 3 % by weight of other polymers, |
| --- | --- |

—

containing not more than 3 % by weight of other polymers,

| — | whether or not containing titanium dioxide in the core layer, |
| --- | --- |

—

whether or not containing titanium dioxide in the core layer,

| — | of an overall thickness of not more than 70 μm |
| --- | --- |

—

of an overall thickness of not more than 70 μm

0  %

31.12.2016

ex 3920 20 80

92

Laminated sheet or strip, consisting of a film of a thickness of 181 μm or more but not more than 223 μm composed of a blend of a copolymer of propylene with ethylene and a copolymer of styrene-ethylene-butylene-styrene (SEBS) coated or covered on one side with a layer of a copolymer of styrene-ethylene-butylene-styrene (SEBS) and a layer of polyester

0  %

31.12.2018

ex 3920 20 80

95

Polypropylene sheet, put up in rolls, with:

| — | flame retardant level of UL 94 V-0 for material thicknesses of 0,25 mm or more and level UL 94 VTM-0 for material thicknesses of 0,05 mm or more but not more than 0,25 mm (as determined by Flammability Standard UL-94) |
| --- | --- |

—

flame retardant level of UL 94 V-0 for material thicknesses of 0,25 mm or more and level UL 94 VTM-0 for material thicknesses of 0,05 mm or more but not more than 0,25 mm (as determined by Flammability Standard UL-94)

| — | dielectric breakdown of 13,1 kV or more but not more than 60,0 kV(as determined by ASTM D149) |
| --- | --- |

—

dielectric breakdown of 13,1 kV or more but not more than 60,0 kV(as determined by ASTM D149)

| — | tensile yield in a machine direction of 30 MPa or more but not more than 33 MPa (as determined by ASTM D882) |
| --- | --- |

—

tensile yield in a machine direction of 30 MPa or more but not more than 33 MPa (as determined by ASTM D882)

| — | tensile yield in a transverse direction of 22 MPa or more but not more than 25 MPa (as determined by ASTM D882) |
| --- | --- |

—

tensile yield in a transverse direction of 22 MPa or more but not more than 25 MPa (as determined by ASTM D882)

| — | density range of 0,988 g/cm3 or more but not more than 1,035 g/cm3 (as determined by ASTM D792) |
| --- | --- |

—

density range of 0,988 g/cm3 or more but not more than 1,035 g/cm3 (as determined by ASTM D792)

| — | moisture absorption of 0,01 % or more but not more than 0,06 % (as determined by ASTM D570) |
| --- | --- |

—

moisture absorption of 0,01 % or more but not more than 0,06 % (as determined by ASTM D570)

for use in the manufacture of insulators used in the electronics and electrical industries (1)

0  %

31.12.2017

ex 3920 43 10

92

Sheeting of poly(vinyl chloride), stabilized against ultraviolet rays, without any holes, even microscopic, of a thickness of 60 μm or more but not more than 80 μm, containing 30 or more but not more than 40 parts of plasticizer to 100 parts of poly(vinyl chloride)

0  %

31.12.2018

ex 3920 43 10

ex 3920 49 10

94

93

Film of a specular gloss of 70 or more, measured at an angle of 60 ° using a glossmeter (as determined by the ISO 2813:2000 method), consisting of one or two layers of poly(vinyl chloride) coated on both sides with a layer of plastic, of a thickness of 0,26 mm or more but not more than 1,0 mm, covered on the gloss surface with a protective film of polyethylene, in rolls of a width of 1 000  mm or more but not more than 1 450  mm, for use in the manufacture of goods of heading 9403  (1)

0  %

31.12.2018

ex 3920 43 10

95

Reflecting laminated sheet, consisting of a film of poly(vinyl chloride) and a film of an other plastic totally embossed in a regular pyramidal pattern, covered on one side with a release sheet

0  %

31.12.2018

ex 3920 49 10

30

Film of a (polyvinyl)chloride-copolymer

| — | containing by weight 45 % or more of fillers |
| --- | --- |

—

containing by weight 45 % or more of fillers

| — | on a support (1) |
| --- | --- |

—

on a support (1)

0  %

31.12.2018

ex 3920 51 00

20

Plate of poly(methyl methacrylate) containing aluminium trihydroxide, of a thickness of 3,5 mm or more but not more than 19 mm

0  %

31.12.2018

ex 3920 51 00

30

Biaxially-oriented film of poly(methyl methacrylate), of a thickness of 50 μm or more but not exceeding 90 μm

0  %

31.12.2018

ex 3920 51 00

40

Sheets of polymethylmethacrylate conforming to standard EN 4366 (MIL-PRF-25690)

0  %

31.12.2018

ex 3920 59 90

10

Non-cellular and non-laminated sheet of modified copolymer of acrylonitrile-methyl acrylate with a thickness of 1,0 mm or more but not more than 1,3 mm, put up in rolls

0  %

31.12.2016

ex 3920 59 90

20

Reflecting laminated sheet, consisting of an epoxy acrylate layer embossed on one side in a regular shaped pattern, covered on both sides with one or more layers of plastic material

0  %

31.12.2014

ex 3920 59 90

30

Non-self-adhesive reflecting film, consisting of several layers including:

| — | a copolymer of acrylic resin |
| --- | --- |

—

a copolymer of acrylic resin

| — | polyurethane |
| --- | --- |

—

polyurethane

| — | a metallised layer with, on one side, laser imprints against counterfeiting, alteration or substitution of data or duplications, or an official mark for an intended use |
| --- | --- |

—

a metallised layer with, on one side, laser imprints against counterfeiting, alteration or substitution of data or duplications, or an official mark for an intended use

| — | glass microspheres, and |
| --- | --- |

—

glass microspheres, and

| — | a permanent liner of poly(ethyleneterephthalate) |
| --- | --- |

—

a permanent liner of poly(ethyleneterephthalate)

0  %

31.12.2016

ex 3920 62 19

02

Coextruded opaque sheet of poly(ethylene terephthalate), of a thickness of 50 μm or more but not more than 350 μm, consisting especially of a layer containing carbon black

0  %

31.12.2018

ex 3920 62 19

08

Poly(ethylene terephthalate) film, not coated with an adhesive, of a thickness of not more than 25 μm, either:

| — | only dyed in the mass, or |
| --- | --- |

—

only dyed in the mass, or

| — | dyed in the mass and metallised on one side |
| --- | --- |

—

dyed in the mass and metallised on one side

0  %

31.12.2018

ex 3920 62 19

12

Film of poly(ethylene terephthalate) only, of a total thickness of not more than 120 μm, consisting of one or two layers each containing a colouring and/or UV-absorbing material throughout the mass, uncoated with an adhesive or any other material

0  %

31.12.2018

ex 3920 62 19

18

Laminated film of poly(ethylene terephthalate) only, of a total thickness of not more than 120 μm, consisting of one layer which is metallised only and one or two layers each containing a colouring and/or UV-absorbing material throughout the mass, uncoated with an adhesive or any other material

0  %

31.12.2018

ex 3920 62 19

20

Reflecting polyester sheeting embossed in a pyramidal pattern, for the manufacture of safety stickers and badges, safety clothing and accessories thereof, or of school satchels, bags or similar containers (1)

0  %

31.12.2018

ex 3920 62 19

25

Film of poly(ethylene terephthalate) of a thickness of 186 μm or more but not more than 191 μm coated on one side with an acrylic layer in a matrix pattern

0  %

31.12.2014

ex 3920 62 19

38

Poly(ethylene terephthalate) film, of a thickness of not more than 12 μm, coated on one side with a layer of aluminium oxide of a thickness of not more than 35 nm

0  %

31.12.2018

ex 3920 62 19

48

Sheets or rolls of poly(ethylene terephthalate):

| — | coated on both sides with a layer of epoxy acrylic resin, |
| --- | --- |

—

coated on both sides with a layer of epoxy acrylic resin,

| — | of a total thickness of 37 μm (± 3 μm) |
| --- | --- |

—

of a total thickness of 37 μm (± 3 μm)

0  %

31.12.2015

ex 3920 62 19

52

Film of poly(ethylene terephthalate), poly(ethylene naphthalate) or similar polyester, coated on one side with metal and/or metal oxides, containing by weight less than 0,1 % of aluminium, of a thickness of not more than 300 μm and having a surface resistivity of not more than 10 000 ohms (per square) (as determined by the ASTM D 257-99 method)

0  %

31.12.2018

ex 3920 62 19

ex 3920 69 00

73

40

Iridescent film of polyester and poly(methyl methacrylate)

0  %

31.12.2018

ex 3920 62 19

76

Transparent poly(ethylene terephthalate) film:

| — | coated on both sides with layers of organic substances on the basis of acryl of a thickness of 7 nm or more but not more than 80 nm, |
| --- | --- |

—

coated on both sides with layers of organic substances on the basis of acryl of a thickness of 7 nm or more but not more than 80 nm,

| — | with a surface tension of 36 Dyne/cm or more but not more than 39 Dyne/cm, |
| --- | --- |

—

with a surface tension of 36 Dyne/cm or more but not more than 39 Dyne/cm,

| — | with a light transmission of more than 93 %, |
| --- | --- |

—

with a light transmission of more than 93 %,

| — | with a haze value of not more than 1,3 %, |
| --- | --- |

—

with a haze value of not more than 1,3 %,

| — | with a total thickness of 10 μm or more but not more than 350 μm, |
| --- | --- |

—

with a total thickness of 10 μm or more but not more than 350 μm,

| — | with a width of 800 mm or more but not more than 1 600  mm |
| --- | --- |

—

with a width of 800 mm or more but not more than 1 600  mm

0  %

31.12.2018

ex 3920 62 19

81

Poly(ethylene terephthalate) film:

| — | of a thickness of not more than 20 μm, |
| --- | --- |

—

of a thickness of not more than 20 μm,

| — | coated on at least one side with a gas barrier layer consisting of a polymeric matrix in which silica has been dispersed and of a thickness of not more than 2 μm |
| --- | --- |

—

coated on at least one side with a gas barrier layer consisting of a polymeric matrix in which silica has been dispersed and of a thickness of not more than 2 μm

0  %

31.12.2017

ex 3920 69 00

20

Film of poly(ethylene naphthalene-2,6-dicarboxylate)

0  %

31.12.2018

ex 3920 91 00

51

Poly(vinyl butyral) film containing by weight 25 % or more but not more than 28 % of tri-isobutyl phosphate as a plasticizer

0  %

31.12.2014

ex 3920 91 00

52

Poly(vinyl butyral) film:

| — | containing by weight 26 % or more but not more than 30 % of triethyleneglycol bis(2-ethyl hexanoate) as a plasticizer, |
| --- | --- |

—

containing by weight 26 % or more but not more than 30 % of triethyleneglycol bis(2-ethyl hexanoate) as a plasticizer,

| — | with a thickness of 0,73 mm or more but not more than 1,50 mm |
| --- | --- |

—

with a thickness of 0,73 mm or more but not more than 1,50 mm

0  %

31.12.2014

ex 3920 91 00

91

Poly(vinyl butyral) film having a graduated coloured band

3  %

31.12.2018

ex 3920 91 00

92

Plasticised film of polyvinyl butyral, containing by weight:

| — | either 14,5 % or more but not more than 17,5 % of dihexyl adipate, |
| --- | --- |

—

either 14,5 % or more but not more than 17,5 % of dihexyl adipate,

| — | or 14,5 % or more but not more than 28,5 % of dibutyl sebacate |
| --- | --- |

—

or 14,5 % or more but not more than 28,5 % of dibutyl sebacate

0  %

31.12.2014

ex 3920 91 00

93

Film of poly(ethylene terephthalate), whether or not metallised on one or both sides, or laminated film of poly(ethylene terephthalate) films, metallised on the external sides only, and having the following characteristics:

| — | a visible light transmission of 50 % or more, |
| --- | --- |

—

a visible light transmission of 50 % or more,

| — | coated on one or both sides with a layer of poly(vinyl butyral) but not coated with an adhesive or any other material except poly(vinyl butyral), |
| --- | --- |

—

coated on one or both sides with a layer of poly(vinyl butyral) but not coated with an adhesive or any other material except poly(vinyl butyral),

| — | a total thickness of not more than 0,2 mm without taking the presence of poly(vinyl butyral) into account and a thickness of poly(vinyl butyral) of more than 0,2 mm |
| --- | --- |

—

a total thickness of not more than 0,2 mm without taking the presence of poly(vinyl butyral) into account and a thickness of poly(vinyl butyral) of more than 0,2 mm

for use in the manufacture of heat-reflecting or decorative laminated glass (1)

0  %

31.12.2014

ex 3920 91 00

95

Co-extruded trilayer poly(vinyl butyral) film with a graduated colour band containing by weight 29 % or more but not more than 31 % of 2,2′-ethylenedioxydiethyl bis(2-ethylhexanoate) as a plasticiser

0  %

31.12.2018

ex 3920 92 00

30

Polyamide film:

| — | of a thickness of not more than 20 μm, |
| --- | --- |

—

of a thickness of not more than 20 μm,

| — | coated on at least one side with a gas barrier layer which consists of a polymeric matrix in which silica has been dispersed and of a thickness of not more than 2 μm |
| --- | --- |

—

coated on at least one side with a gas barrier layer which consists of a polymeric matrix in which silica has been dispersed and of a thickness of not more than 2 μm

0  %

31.12.2018

ex 3920 99 28

35

Polyether imide sheets, in rolls, with

| — | a thickness of 5 μm or more, but not more than 14 μm, |
| --- | --- |

—

a thickness of 5 μm or more, but not more than 14 μm,

| — | a width of 478 mm or more, but not more than 532 mm, |
| --- | --- |

—

a width of 478 mm or more, but not more than 532 mm,

| — | a tensile strength at break of 78 MPa or more (as determined by JIS C-2318 for a film thickness of 50 μm), |
| --- | --- |

—

a tensile strength at break of 78 MPa or more (as determined by JIS C-2318 for a film thickness of 50 μm),

| — | an elongation at break of 50 % or more (as determined by JIS C-2318 for a film thickness of 50 μm), |
| --- | --- |

—

an elongation at break of 50 % or more (as determined by JIS C-2318 for a film thickness of 50 μm),

| — | a glass transition point (Tg) of 226 °C, |
| --- | --- |

—

a glass transition point (Tg) of 226 °C,

| — | a continuous service temperature of 180 °C (as determined by UL-746 B for a film thickness of 50 μm), |
| --- | --- |

—

a continuous service temperature of 180 °C (as determined by UL-746 B for a film thickness of 50 μm),

| — | a flammability of VTM-0 (as determined by UL 94 for a film thickness of 25 μm) |
| --- | --- |

—

a flammability of VTM-0 (as determined by UL 94 for a film thickness of 25 μm)

0  %

31.12.2018

ex 3920 99 28

40

Polymer film containing the following monomers:

| — | poly (tetramethylene ether glycol), |
| --- | --- |

—

poly (tetramethylene ether glycol),

| — | bis (4-isocyanotocyclohexyl) methane, |
| --- | --- |

—

bis (4-isocyanotocyclohexyl) methane,

| — | 1,4-butanediol or 1,3-butanediol, |
| --- | --- |

—

1,4-butanediol or 1,3-butanediol,

| — | with a thickness of 0,25 mm or more but not more than 5,0 mm, |
| --- | --- |

—

with a thickness of 0,25 mm or more but not more than 5,0 mm,

| — | embossed with a regular pattern on one surface, |
| --- | --- |

—

embossed with a regular pattern on one surface,

| — | and covered with a release sheet |
| --- | --- |

—

and covered with a release sheet

0  %

31.12.2018

ex 3920 99 28

45

Transparent polyurethane film metallised on one side:

| — | with a gloss of more than 90 degrees according to ASTM D2457 |
| --- | --- |

—

with a gloss of more than 90 degrees according to ASTM D2457

| — | covered on the metalized side with a heat bonding adhesive layer consisting of polyethylene/polypropylene copolymer |
| --- | --- |

—

covered on the metalized side with a heat bonding adhesive layer consisting of polyethylene/polypropylene copolymer

| — | covered on the other side with a protective poly(ethylene terephthalate) film |
| --- | --- |

—

covered on the other side with a protective poly(ethylene terephthalate) film

| — | with a total thickness of more than 204 μm but not more than 244 μm |
| --- | --- |

—

with a total thickness of more than 204 μm but not more than 244 μm

0  %

31.12.2018

ex 3920 99 28

50

Thermoplastic polyurethane film, of a thickness of 250 μm or more but not more than 350 μm, covered on one side with a removable protective film

0  %

31.12.2016

ex 3920 99 28

55

Thermoplastic polyurethane film extruded, with:

| — | not self-adhesive, |
| --- | --- |

—

not self-adhesive,

| — | an index of yellow lower of more than 1,0 but not more than 2,5 for 10 mm stacked films (as determined by test method ASTM E 313-10), |
| --- | --- |

—

an index of yellow lower of more than 1,0 but not more than 2,5 for 10 mm stacked films (as determined by test method ASTM E 313-10),

| — | a light transmission higher to 87 % for 10 mm stacked films (as determined by test method ASTM D 1003-11), |
| --- | --- |

—

a light transmission higher to 87 % for 10 mm stacked films (as determined by test method ASTM D 1003-11),

| — | a total thickness of 0,38 mm or more, but not more than 7,6 mm, |
| --- | --- |

—

a total thickness of 0,38 mm or more, but not more than 7,6 mm,

| — | a width of 99 cm or more, but not more than 305 cm, |
| --- | --- |

—

a width of 99 cm or more, but not more than 305 cm,

of a kind used in the production of laminated safety glass

0  %

31.12.2017

ex 3920 99 28

60

Silicone tape, plate or strip:

| — | of a total thickness of 2 mm or more, but not more than 9 mm, |
| --- | --- |

—

of a total thickness of 2 mm or more, but not more than 9 mm,

| — | of a total width of 12 mm or more, but not more than 65 mm, |
| --- | --- |

—

of a total width of 12 mm or more, but not more than 65 mm,

for use in the manufacture of products of headings 8521 or 8528  (1)

0  %

31.12.2016

ex 3920 99 28

70

Sheets on rolls, consisting of epoxy resin, with conducting properties, containing:

| — | microspheres with a coating of metal, whether or not alloyed with gold, |
| --- | --- |

—

microspheres with a coating of metal, whether or not alloyed with gold,

| — | an adhesive layer, |
| --- | --- |

—

an adhesive layer,

| — | with a protective layer of silicone or poly(ethylene terephthalate) on one side, |
| --- | --- |

—

with a protective layer of silicone or poly(ethylene terephthalate) on one side,

| — | with a protective layer of poly(ethylene terephthalate) on the other side, and |
| --- | --- |

—

with a protective layer of poly(ethylene terephthalate) on the other side, and

| — | with a width of 5 cm or more but not more than 100 cm |
| --- | --- |

—

with a width of 5 cm or more but not more than 100 cm

| — | with a length of not more than 2 000 m |
| --- | --- |

—

with a length of not more than 2 000 m

0  %

31.12.2016

ex 3920 99 59

25

Poly(1-chlorotrifluoroethylene) film

0  %

31.12.2018

ex 3920 99 59

50

Polytetrafluoroethylene film, non-microporous, in the form of rolls, of a thickness of 0,019 mm or more but not more than 0,14 mm, impermeable to water vapour

0  %

31.12.2018

ex 3920 99 59

55

Ion-exchange membranes of fluorinated plastic material

0  %

31.12.2018

ex 3920 99 59

60

Film of a vinyl alcohol copolymer, soluble in cold water, of a thickness of 34 μm or more but not more than 90 μm, a tensile strength at break of 20 MPa or more but not more than 45 MPa and an elongation at break of 250 % or more but not more than 900 %

0  %

31.12.2018

ex 3920 99 90

20

Anisotropic conductive film, in rolls, of a width of 1,5 mm or more but not more than 3,15 mm and a maximum length of 300 m, used for joining electronic components in the production of LCD or plasma displays

0  %

31.12.2018

ex 3921 13 10

10

Sheet of polyurethane foam, of a thickness of 3 mm (± 15 %) and of a specific gravity of 0,09435 or more but not more than 0,10092

0  %

31.12.2018

ex 3921 13 10

20

Rolls of open-cell polyurethane foam:

| — | with a thickness of 2,29 mm (± 0,25 mm), |
| --- | --- |

—

with a thickness of 2,29 mm (± 0,25 mm),

| — | surface-treated with a foraminous adhesion promoter, and |
| --- | --- |

—

surface-treated with a foraminous adhesion promoter, and

| — | laminated to a polyester film and a layer of textile material |
| --- | --- |

—

laminated to a polyester film and a layer of textile material

0  %

31.12.2017

ex 3921 19 00

30

Blocks with cellular structure, containing by weight:

| — | polyamide-6 or poly(epoxy anhydride) |
| --- | --- |

—

polyamide-6 or poly(epoxy anhydride)

| — | 7 % or more but not more than 9 % of polytetrafluorethylene if present |
| --- | --- |

—

7 % or more but not more than 9 % of polytetrafluorethylene if present

| — | 10 % or more but not more than 25 % of inorganic fillers |
| --- | --- |

—

10 % or more but not more than 25 % of inorganic fillers

0  %

31.12.2018

ex 3921 19 00

91

Microporous polypropylene film of a thickness of not more than 100 μm

0  %

31.12.2018

ex 3921 19 00

93

Strip of microporous polytetrafluoroethylene on a support of a non-woven, for use in the manufacture of filters for kidney dialysis equipment (1)

0  %

31.12.2018

ex 3921 19 00

95

Film of polyethersulfone, of a thickness of not more than 200 μm

0  %

31.12.2018

ex 3921 19 00

96

Cellular film, consisting of a layer of polyethylene of a thickness of 90 μm or more but not more than 140 μm and a layer of regenerated cellulose of a thickness of 10 μm or more but not more than 40 μm

0  %

31.12.2018

ex 3921 90 10

10

Composite plate of poly(ethylene terephthalate) or of poly(butylene terephthalate), reinforced with glass fibres

0  %

31.12.2018

ex 3921 90 10

20

Poly(ethylene terephthalate) film, laminated on one side or on both sides with a layer of unidirectional nonwoven poly(ethylene terephthalate) and impregnated with polyurethane or epoxide resin

0  %

31.12.2018

ex 3921 90 55

20

Pre-impregnated reinforced fibreglass containing cyanate ester resin or bismaleimide (B) triazine (T) resin mixed with epoxide resin, measuring:

| — | 469,9 mm (± 2 mm) × 622,3 mm (± 2 mm), or |
| --- | --- |

—

469,9 mm (± 2 mm) × 622,3 mm (± 2 mm), or

| — | 469,9 mm (± 2 mm) × 414,2 mm (± 2 mm), or |
| --- | --- |

—

469,9 mm (± 2 mm) × 414,2 mm (± 2 mm), or

| — | 546,1 mm (± 2 mm) × 622,3 mm (± 2 mm |
| --- | --- |

—

546,1 mm (± 2 mm) × 622,3 mm (± 2 mm

for use in the manufacture of printed circuit boards (1)

0  %

31.12.2018

ex 3921 90 55

ex 7019 40 00

25

20

Prepreg sheets or rolls containing polyimide resin

0  %

31.12.2014

ex 3921 90 55

30

Prepreg sheets or rolls containing brominated epoxy resin reinforced with glass fabric, having

| — | a flow of not more than 3,6 mm (as determined by IPC-TM 650.2.3.17.2), and |
| --- | --- |

—

a flow of not more than 3,6 mm (as determined by IPC-TM 650.2.3.17.2), and

| — | a glass transition temperature (Tg) of more than 170 °C (as determined by IPC-TM 650.2.4.25) |
| --- | --- |

—

a glass transition temperature (Tg) of more than 170 °C (as determined by IPC-TM 650.2.4.25)

for use in the manufacture of printed circuit boards (1)

0  %

31.12.2014

ex 3921 90 60

ex 5407 71 00

ex 5903 90 99

91

20

10

Woven polytetrafluoroethylene fabric, coated or covered with a copolymer of tetrafluoroethylene and trifluoroethylene having perfluorinated alkoxy side-chains ending in carboxylic acid or sulphonic acid groups, whether or not in the potassium or sodium salt form

0  %

31.12.2018

ex 3921 90 60

93

Film, of a specular gloss of 30 or more but not more than 60 measured at an angle of 60 ° using a glossmeter (as determined by the ISO 2813:2000 method), consisting of a layer of poly(ethylene terephthalate) and a layer of coloured poly(vinyl chloride), joined by a metallised adhesive coating, for coating panels and doors of a kind used in the manufacture of domestic appliances (1)

0  %

31.12.2018

ex 3921 90 90

ex 8507 90 80

10

50

Roll of polymer-metal laminate comprising:

| — | a layer of poly(ethylene terephthalate), |
| --- | --- |

—

a layer of poly(ethylene terephthalate),

| — | a layer of aluminium, |
| --- | --- |

—

a layer of aluminium,

| — | a layer of polypropylene, |
| --- | --- |

—

a layer of polypropylene,

| — | with a width of not more than 275 mm, |
| --- | --- |

—

with a width of not more than 275 mm,

| — | a total thickness of not more than 165 μm, and |
| --- | --- |

—

a total thickness of not more than 165 μm, and

| — | conforming to ASTM D1701-91 and ASTM D882-95A |
| --- | --- |

—

conforming to ASTM D1701-91 and ASTM D882-95A

for use in the manufacture of lithium-ion electric vehicle batteries (1)

0  %

31.12.2016

ex 3923 10 00

10

Photomask or wafer compacts:

| — | consisting of antistatic materials or blended thermoplastics proving special electrostatic discharge (ESD) and outgassing properties, |
| --- | --- |

—

consisting of antistatic materials or blended thermoplastics proving special electrostatic discharge (ESD) and outgassing properties,

| — | having non porous, abrasion resistant or impact resistant surface properties, |
| --- | --- |

—

having non porous, abrasion resistant or impact resistant surface properties,

| — | fitted with a specially designed retainer system that protects the photomask or wafers from surface or cosmetic damage and |
| --- | --- |

—

fitted with a specially designed retainer system that protects the photomask or wafers from surface or cosmetic damage and

| — | with or without a gasket seal, |
| --- | --- |

—

with or without a gasket seal,

of a kind used in the photolithography or other semiconductor production to house photomasks or wafers

0  %

31.12.2016

ex 3923 30 90

10

Polyethylene container, for compressed hydrogen:

| — | with aluminium bosses at both ends, |
| --- | --- |

—

with aluminium bosses at both ends,

| — | wholly embedded in an overwrap of carbon fibres impregnated with epoxide resin, |
| --- | --- |

—

wholly embedded in an overwrap of carbon fibres impregnated with epoxide resin,

| — | of a diameter of 213 mm or more, but not more than 368 mm, |
| --- | --- |

—

of a diameter of 213 mm or more, but not more than 368 mm,

| — | a length of 860 mm or more, but not more than 1 260  mm and |
| --- | --- |

—

a length of 860 mm or more, but not more than 1 260  mm and

| — | a capacity of 18 litres or more, but not more than 50 litres |
| --- | --- |

—

a capacity of 18 litres or more, but not more than 50 litres

0  %

31.12.2018

ex 3926 90 92

20

Reflecting sheeting or tape, consisting of a facing-strip of poly(vinyl chloride) embossed in a regular pyramidal pattern, heat-sealed in parallel lines or in a grid-pattern to a backing-strip of plastic material, or of knitted or woven fabric covered on one side with plastic material

0  %

31.12.2018

ex 3926 90 97

10

Microspheres of a polymer of divinylbenzene, of a diameter of 4,5 μm or more but not more than 80 μm

0  %

31.12.2018

ex 3926 90 97

15

Glass fibre reinforced plastic traverse leaf spring for use in the manufacture of motor vehicle suspension systems (1)

0  %

31.12.2018

ex 3926 90 97

25

Unexpansible microspheres of a copolymer of acrylonitrile, methacrylonitrile and isobornyl methacrylate, of a diameter of 3 μm or more but not more than 4,6 μm

0  %

31.12.2018

ex 3926 90 97

55

Flat product of polyethylene, perforated in opposing directions, of a thickness of 600 μm or more but not more than 1 200  μm and of a weight of 21 g/m2 or more but not more than 42 g/m2

0  %

31.12.2018

ex 3926 90 97

65

Die-cast decoration element made of polycarbonate resin, coated with

| — | a silver-colour acrylic paint, and |
| --- | --- |

—

a silver-colour acrylic paint, and

| — | a transparent scratch-resistant paint |
| --- | --- |

—

a transparent scratch-resistant paint

of a kind used in the manufacture of car radio front panels

0  %

31.12.2018

ex 3926 90 97

80

Parts of car radio front panels

| — | of acrylonitrile-butadiene-styrene with or without polycarbonate, |
| --- | --- |

—

of acrylonitrile-butadiene-styrene with or without polycarbonate,

| — | coated with a copper, a nickel and a chrome layers, |
| --- | --- |

—

coated with a copper, a nickel and a chrome layers,

| — | with a total thickness of coating of 5,54 μm or more but not more than 22,3 μm |
| --- | --- |

—

with a total thickness of coating of 5,54 μm or more but not more than 22,3 μm

0  %

31.12.2016

ex 4007 00 00

10

Siliconated vulcanised rubber thread and cord

0  %

31.12.2018

ex 4016 99 97

20

Soft rubber sealing stoppers for the manufacture of electrolytic capacitors (1)

0  %

31.12.2018

ex 4016 99 97

30

Tyre moulding bladder

0  %

31.12.2016

ex 4104 41 19

10

Buffalo leather, split, chrome tanned synthetic retanned ("crust"), dry

0  %

31.12.2017

4105 10 00

4105 30 90

Sheep or lamb skin leather, without wool on, tanned or retanned but not further prepared, whether or not split, other than leather of heading 4114

0  %

31.12.2018

4106 21 00

4106 22 90

Goat or kid skin leather, without hair on, tanned or retanned but not further prepared, whether or not split, other than leather of heading 4114

0  %

31.12.2018

4106 31 00

4106 32 00

4106 40 90

4106 92 00

Leather of other animals, without hair on, not further prepared than tanned, other than leather of heading 4114

0  %

31.12.2018

ex 5004 00 10

10

Silk yarn (other than yarn spun from silk waste) not put up for retail sale, unbleached, scoured or bleached, entirely of silk

0  %

31.12.2016

ex 5005 00 10

ex 5005 00 90

10

10

Yarn spun entirely from silk waste (noil), not put up for retail sale

0  %

31.12.2018

ex 5205 31 00

10

Six ply yarn of bleached cotton, measuring 925 dtex or more but not more than 989 dtex per single yarn, for the manufacture of tampons (1)

0  %

31.12.2018

5208 11 10

Fabrics for the manufacture of bandages, dressings and medical gauzes

5,2  %

31.12.2018

ex 5402 45 00

20

Yarn of synthetic textile fibres solely of aromatic polyamides obtained by the polycondensation of m-phenylenediamine and isophthalic acid

0  %

31.12.2018

ex 5402 47 00

10

Synthetic bicomponent filament yarn, not textured, untwisted, measuring 1 650 decitex or more but not more than 1 800 decitex, consisting of 110 filaments or more but not more than 120 filaments, each having a core of poly(ethylene terephthalate) and a skin of polyamide-6, containing by weight 75 % or more but not more than 77 % of poly(ethylene terephthalate), for use in the manufacture of roofings (1)

0  %

31.12.2016

ex 5402 47 00

20

Bicomponent monofilament yarn of not more than 30 dtex, consisting of:

| — | a poly(ethylene terephthalate) core, and |
| --- | --- |

—

a poly(ethylene terephthalate) core, and

| — | an outer layer of a copolymer of poly(ethyleneterephthalate) and poly(ethyleneisophthalate), |
| --- | --- |

—

an outer layer of a copolymer of poly(ethyleneterephthalate) and poly(ethyleneisophthalate),

for use in the manufacture of filtration fabrics (1)

0  %

31.12.2015

ex 5402 49 00

30

Yarn of a copolymer of glycollic acid with lactic acid, for the manufacture of surgical sutures (1)

0  %

31.12.2018

ex 5402 49 00

50

Non-textured filament yarn of poly(vinyl alcohol)

0  %

31.12.2018

ex 5402 49 00

70

Synthetic filament yarn, single, containing by weight 85 % or more of acrylonitrile, in the form of a wick containing 1 000 continuous filaments or more but not more than 25 000 continuous filaments, of a weight per metre of 0,12 g or more but not more than 3,75 g and of a length of 100 m or more, for the manufacture of carbon-fibre yarn (1)

0  %

31.12.2018

ex 5404 19 00

20

Monofilament of poly(1,4-dioxanone)

0  %

31.12.2018

ex 5404 19 00

30

Unsterilised monofilament of a copolymer of 1,3-dioxan-2-one with 1,4-dioxan-2,5-dione, for the manufacture of surgical sutures (1)

0  %

31.12.2014

ex 5404 19 00

50

Monofilaments of polyester or poly(butylene terephthalate), with cross-sectional dimension of 0,5 mm or more but not more than 1 mm, for use in the manufacture of zippers (1)

0  %

31.12.2018

ex 5404 90 90

20

Strip of polyimide

0  %

31.12.2018

ex 5407 10 00

10

Textile fabric, consisting of warp filament yarns of polyamide-6,6 and weft filament yarns of polyamide-6,6, polyurethane and a copolymer of terephthalic acid, p-phenylenediamine and 3,4′–oxybis (phenyleneamine)

0  %

31.12.2017

ex 5503 11 00

ex 5601 30 00

10

40

Synthetic staple fibres of a copolymer of terephthalic acid, p-phenylenediamine and 3,4′-oxybis(phenyleneamine), of a length of not more than 7 mm

0  %

31.12.2018

ex 5503 40 00

10

Hollow polypropylene staple fibres:

| — | measuring 6 decitex or more but not more than 10 decitex, |
| --- | --- |

—

measuring 6 decitex or more but not more than 10 decitex,

| — | of a strength of 3,5 cN/dtex or more |
| --- | --- |

—

of a strength of 3,5 cN/dtex or more

| — | of a diameter of 30 μm or more |
| --- | --- |

—

of a diameter of 30 μm or more

for use in the manufacture of napkins and napkin liners for babies and other sanitary products (1)

0  %

31.12.2016

ex 5503 90 00

ex 5506 90 00

ex 5601 30 00

20

10

10

Poly(vinyl alcohol) fibres, whether or not acetalized

0  %

31.12.2018

ex 5603 11 10

ex 5603 11 90

ex 5603 12 10

ex 5603 12 90

ex 5603 91 10

ex 5603 91 90

ex 5603 92 10

ex 5603 92 90

10

10

10

10

10

10

10

10

Poly(vinyl alcohol) non-wovens, in the piece or cut into rectangles:

| — | of a thickness of 200 μm or more but not more than 280 μm and |
| --- | --- |

—

of a thickness of 200 μm or more but not more than 280 μm and

| — | of a weight of 20g/m2 or more but not more than 50g/m2 |
| --- | --- |

—

of a weight of 20g/m2 or more but not more than 50g/m2

0  %

31.12.2018

ex 5603 11 10

ex 5603 11 90

20

20

Non-wovens, not weighing more than 20 g/m2, containing spunbonded and meltblown filaments put together in a sandwich way with the two outer layers containing fine endless filaments (not less than 10 μm but not more than 20 μm in diameter) and the inner layer containing super-fine endless filaments (not less than 1 μm but not more than 5 μm in diameter), for the manufacture of napkins and napkin liners for babies and similar sanitary napkins (1)

0  %

31.12.2017

ex 5603 12 90

ex 5603 13 90

ex 5603 14 90

ex 5603 92 90

ex 5603 93 90

ex 5603 94 90

30

30

10

60

40

30

Non-wovens of aromatic polyamide fibres obtained by polycondensation of m-phenylenediamine and isophthalic acid, in the piece or cut into rectangles

0  %

31.12.2018

ex 5603 12 90

50

Non-woven:

| — | weighing 30 g/m2 or more, but not more than 60 g/m2, |
| --- | --- |

—

weighing 30 g/m2 or more, but not more than 60 g/m2,

| — | containing fibres of polypropylene or of polypropylene and polyethylene, |
| --- | --- |

—

containing fibres of polypropylene or of polypropylene and polyethylene,

| — | whether or not printed, with: |
| --- | --- |

—

whether or not printed, with:

| — | on one side, 65 % of the total surface area having circular bobbles of 4mm in diameter, consisting of anchored, elevated un-bonded curly fibres, suitable for the engagement of extruded hook materials, and the remaining 35 % of the surface area being bonded, |
| --- | --- |

—

on one side, 65 % of the total surface area having circular bobbles of 4mm in diameter, consisting of anchored, elevated un-bonded curly fibres, suitable for the engagement of extruded hook materials, and the remaining 35 % of the surface area being bonded,

| — | and on other side a smooth untextured surface, |
| --- | --- |

—

and on other side a smooth untextured surface,

for use in the manufacture of napkins and napkin liners for babies and similar sanitary articles (1)

0  %

31.12.2017

ex 5603 12 90

ex 5603 13 90

60

60

Non-woven of spunbonded polyethylene, of a weight of more than 60 g/m2 but not more than 80 g/m2 and an air resistance (Gurley) of 8 s or more but not more than 36 s (as determined by the ISO 5636/5 method)

0  %

31.12.2018

ex 5603 12 90

ex 5603 13 90

ex 5603 92 90

ex 5603 93 90

70

70

40

10

Non-wovens of polypropylene,

| — | with a melt blown layer, laminated on each side with spunbonded filaments of polypropylene, |
| --- | --- |

—

with a melt blown layer, laminated on each side with spunbonded filaments of polypropylene,

| — | with a weight of not more than 150 g/m2, |
| --- | --- |

—

with a weight of not more than 150 g/m2,

| — | in the piece or simply cut into squares or rectangles, and |
| --- | --- |

—

in the piece or simply cut into squares or rectangles, and

| — | not impregnated |
| --- | --- |

—

not impregnated

0  %

31.12.2018

ex 5603 13 10

ex 5603 14 10

10

10

Electrically nonconductive nonwovens, consisting of a central film of poly(ethylene terephthalate) laminated on each side with unidirectionally aligned fibres of poly(ethylene terephthalate), coated on both sides with high grade temperature resistant electrical nonconductive resin, weighing 147 g/m2 or more but not more than 265 g/m2, with non-isotropic tensile strength on both directions, to be used as electrical insulation material

0  %

31.12.2018

ex 5603 13 10

20

Non-woven of spunbonded polyethylene, with a coating,

| — | of a weight of more than 80 g/m2 but not more than 105 g/m2 and |
| --- | --- |

—

of a weight of more than 80 g/m2 but not more than 105 g/m2 and

| — | an air resistance (Gurley) of 8 seconds or more but not more than 75 seconds (as determined by the ISO 5636/5 method) |
| --- | --- |

—

an air resistance (Gurley) of 8 seconds or more but not more than 75 seconds (as determined by the ISO 5636/5 method)

0  %

31.12.2015

ex 5603 14 90

40

Non-wovens, consisting of poly(ethylene terephthlate) spun bonded media:

| — | of weight of 160 g/m2 or more but not more than 300 g/m2, |
| --- | --- |

—

of weight of 160 g/m2 or more but not more than 300 g/m2,

| — | whether or not laminated on one side with a membrane or a membrane and aluminium |
| --- | --- |

—

whether or not laminated on one side with a membrane or a membrane and aluminium

of a kind used for the manufacture of industrial filters

0  %

31.12.2018

ex 5603 92 90

ex 5603 93 90

20

20

Non-wovens consisting of a meltblown central layer of a thermoplastic elastomer laminated on each side with spunbonded filaments of polypropylene

0  %

31.12.2018

ex 5603 92 90

ex 5603 94 90

70

40

Non-wovens, consisting of multiple layers of a mixture of meltblown fibres and staple fibres of polypropylene and polyester, whether or not laminated on one side or on both sides with spunbonded filaments of polypropylene

0  %

31.12.2018

ex 5603 92 90

ex 5603 93 90

80

50

Non-woven polyolefin fabric, consisting of an elastomeric layer, laminated on each side with polyolefin filaments:

| — | a weight of 25 g/m2 or more but not more than 150 g/m2, |
| --- | --- |

—

a weight of 25 g/m2 or more but not more than 150 g/m2,

| — | in the piece or simply cut into squares or rectangles, |
| --- | --- |

—

in the piece or simply cut into squares or rectangles,

| — | not impregnated, |
| --- | --- |

—

not impregnated,

| — | with cross-directional or machine-directional stretch properties |
| --- | --- |

—

with cross-directional or machine-directional stretch properties

for use in the manufacture of infant/child care products (1)

0  %

31.12.2016

ex 5603 94 90

20

Acrylic fibre rods, having a length of not more than 50 cm, for the manufacture of pen tips (1)

0  %

31.12.2018

ex 5607 50 90

10

Unsterilised twine of poly(glycolic acid) or of poly(glycolic acid) and its copolymers with lactic acid, plaited or braided, with an inner core, for the manufacture of surgical sutures (1)

0  %

31.12.2014

ex 5803 00 10

91

Gauze of cotton, of a width of less than 1 500  mm

0  %

31.12.2018

ex 5903 10 90

ex 5903 20 90

ex 5903 90 99

10

10

20

Knitted or woven fabrics, coated or covered on one side with artificial plastic material in which are embedded microspheres

0  %

31.12.2018

ex 5906 99 90

10

Rubberised textile fabric, consisting of warp yarns of polyamide-6,6 and weft yarns of polyamide-6,6, polyurethane and a copolymer of terephthalic acid, p-phenylenediamine and 3,4′-oxybis(phenyleneamine)

0  %

31.12.2018

ex 5907 00 00

10

Textile fabrics, coated with adhesive in which are embedded spheres of a diameter of not more than 150 μm

0  %

31.12.2016

ex 5911 10 00

10

Needle-punched synthetic-fibre felts, not containing polyester, whether or not containing catalytic particles entrapped within the synthetic fibres, coated or covered on one side with polytetrafluoroethylene film, for the manufacture of filtration products (1)

0  %

31.12.2018

ex 5911 90 90

ex 8421 99 00

30

92

Parts of equipment for the purification of water by reverse osmosis, consisting essentially of plastic-based membranes, supported internally by woven or non-woven textile materials which are wound round a perforated tube, and enclosed in a cylindrical plastic casing of a wall-thickness of not more than 4 mm, whether or not housed in a cylinder of a wall-thickness of 5 mm or more

0  %

31.12.2018

ex 5911 90 90

40

Multi-layered non-woven polyester polishing pads, impregnated with polyurethane

0  %

31.12.2014

ex 6813 89 00

10

Friction material, of a thickness of less than 20 mm, not mounted, for the manufacture of friction components of a kind used in automatic transmissions and clutches (1)

0  %

31.12.2018

ex 6814 10 00

10

Agglomerated mica with a thickness of not more than 0,15 mm, on rolls, whether or not calcined, whether or not reinforced with aramid fibres, for use in the manufacture of insulation products for high voltage applications (1)

0  %

31.12.2018

ex 6903 90 90

20

Silicon carbide reactor tubes and holders, of a kind used for insertion into diffusion and oxidation furnaces for production of semiconductor materials

0  %

31.12.2018

ex 6909 19 00

15

Ceramic ring with rectangular transversal section having an external diameter of 19 mm or more (+ 0,00 mm/– 0,10 mm) but not more than 29 mm (+ 0,00 mm/– 0,20 mm), an internal diameter of 10 mm or more (+ 0,00 mm/– 0,20 mm) but not more than 19 mm (+ 0,00 mm/-0,30 mm), a thickness variable from 2 mm (± 0,10 mm) to 3,70 mm (± 0,20 mm) and heat resistance 240 °C or more, containing by weight:

| — | 90 % (± 1,5 %) of aluminium oxide |
| --- | --- |

—

90 % (± 1,5 %) of aluminium oxide

| — | 7 % (± 1 %) of titanium oxide |
| --- | --- |

—

7 % (± 1 %) of titanium oxide

0  %

31.12.2017

ex 6909 19 00

20

Silicon nitride (Si3N4) rollers or balls

0  %

31.12.2015

ex 6909 19 00

30

Supports for catalysts, consisting of porous cordierite or mullite ceramic pieces, of an overall volume of not more than 65 l, having, per cm2 of the cross-section, not less than one continuous channel which may be open at both ends or stopped at one end

0  %

31.12.2018

ex 6909 19 00

ex 6914 90 00

50

20

Ceramic articles made of continuous filaments of ceramic oxides, containing by weight:

| — | 2 % or more of diboron trioxide, |
| --- | --- |

—

2 % or more of diboron trioxide,

| — | 28 % or less of silicon dioxide and |
| --- | --- |

—

28 % or less of silicon dioxide and

| — | 60 % or more of dialuminium trioxide |
| --- | --- |

—

60 % or more of dialuminium trioxide

0  %

31.12.2018

ex 6909 19 00

60

Supports for catalysts, consisting of porous ceramic pieces, of a blend of silicon carbide and silicon, with a hardness of less than 9 on the Mohs scale, with a total volume of not more than 65 litres, having, per cm2 of the surface of the cross section one or more closed channels at the tail end

0  %

31.12.2018

ex 6909 19 00

70

Supports for catalysts or filters, consisting of porous ceramics made primarily from oxides of aluminium and titanium; with a total volume of not more than 65 litres and at least one duct (open on one or both ends) per cm2 of cross section

0  %

31.12.2018

ex 6909 19 00

80

Ceramic heat sinks, containing by weight:

| — | 66 % or more of silicon carbide, |
| --- | --- |

—

66 % or more of silicon carbide,

| — | 15 % or more of aluminium oxide |
| --- | --- |

—

15 % or more of aluminium oxide

for maintaining the operating temperature of transistors, diodes and integrated circuits in products of headings 8521 or 8528  (1)

0  %

31.12.2016

ex 6914 90 00

30

Ceramic microspheres, transparent, obtained from silicon dioxide and zirconium dioxide, of a diameter of more than 125 μm

0  %

31.12.2018

ex 7005 10 30

10

Float glass:

| — | of a thickness of 4,0 mm or more but not more than 4,2 mm, |
| --- | --- |

—

of a thickness of 4,0 mm or more but not more than 4,2 mm,

| — | with a light transmission of 91 % or more measured using a D-type light source, |
| --- | --- |

—

with a light transmission of 91 % or more measured using a D-type light source,

| — | coated on one surface with a fluorine doped tin dioxide reflective layer |
| --- | --- |

—

coated on one surface with a fluorine doped tin dioxide reflective layer

0  %

31.12.2017

ex 7006 00 90

70

Float glass:

| — | with a thickness of 1,7 mm or more but not more than 1,9 mm, |
| --- | --- |

—

with a thickness of 1,7 mm or more but not more than 1,9 mm,

| — | with light transmission of 91 % or more, measured with a D-type light source, |
| --- | --- |

—

with light transmission of 91 % or more, measured with a D-type light source,

| — | coated on one side with fluorine-doped tin dioxide as a reflecting layer, |
| --- | --- |

—

coated on one side with fluorine-doped tin dioxide as a reflecting layer,

| — | with worked edges |
| --- | --- |

—

with worked edges

0  %

31.12.2016

ex 7007 19 20

10

Glass plate of a diagonal size of 81,28 cm (± 1,5 cm) or more, but not more than 185,42 cm (± 1,5 cm), consisting of tempered glass; provided either with a mesh film and a near-infrared absorbing film or a sputtered conductive layer, with optional additional anti-reflex layer on one or both sides, for use in the manufacture of products falling within heading 8528  (1)

0  %

31.12.2018

ex 7007 29 00

10

Glass plate of a diagonal size of 81,28 cm (± 1,5 cm) or more, but not more than 185,42 cm (± 1,5 cm), consisting of 2 sandwich plates laminated together; provided either with a mesh film and a near-infrared absorbing film or a sputtered conductive layer, with optional additional anti-reflex layer on one or both sides

0  %

31.12.2018

ex 7009 10 00

10

Electro-cromic auto-dimming glass for motor vehicle mirrors:

| — | whether or not equipped with plastic backing plate, |
| --- | --- |

—

whether or not equipped with plastic backing plate,

| — | whether or not equipped with a heating element, |
| --- | --- |

—

whether or not equipped with a heating element,

| — | whether or not equipped with Blind Spot Module (BSM) display |
| --- | --- |

—

whether or not equipped with Blind Spot Module (BSM) display

0  %

31.12.2017

ex 7009 91 00

10

Unframed glass mirrors with:

| — | a length of 1 516  mm (± 1 mm); |
| --- | --- |

—

a length of 1 516  mm (± 1 mm);

| — | a width of 553 mm (± 1 mm); |
| --- | --- |

—

a width of 553 mm (± 1 mm);

| — | a thickness of 3 mm (± 0,1 mm); |
| --- | --- |

—

a thickness of 3 mm (± 0,1 mm);

| — | the back of the mirror covered with protective polyethylene (PE) film, with a thickness of 0,11 mm or more but not more than 0,13 mm; |
| --- | --- |

—

the back of the mirror covered with protective polyethylene (PE) film, with a thickness of 0,11 mm or more but not more than 0,13 mm;

| — | a lead content of not more than 90 mg/kg and |
| --- | --- |

—

a lead content of not more than 90 mg/kg and

| — | a corrosion resistance of 72 hours or more according to ISO 9227 salt spray test |
| --- | --- |

—

a corrosion resistance of 72 hours or more according to ISO 9227 salt spray test

0  %

31.12.2015

7011 20 00

Glass envelopes (including bulbs and tubes), open, and glass parts thereof, without fittings, for cathode ray tubes

0  %

31.12.2018

ex 7014 00 00

10

Optical elements of glass (other than those of heading 7015 ), not optically worked, other than signalling glassware

0  %

31.12.2018

ex 7019 12 00

ex 7019 12 00

01

21

Rovings, measuring 2 600 tex or more but not more than 3 300 tex and of a loss on ignition of 4 % or more but not more than 8 % by weight (as determined by the ASTM D 2584-94 method)

0  %

31.12.2018

ex 7019 12 00

ex 7019 12 00

02

22

Rovings, measuring 650 tex or more but not more than 2 500 tex, coated with a layer of polyurethane whether or not mixed with other materials

0  %

31.12.2018

ex 7019 12 00

ex 7019 12 00

03

23

Rovings, measuring 392 tex or more but not more than 2 884 tex, coated with a layer of an acrylic copolymer

0  %

31.12.2018

ex 7019 12 00

ex 7019 12 00

05

25

Rovings ranging from 1 980 to 2 033 tex, composed of continuous glass filaments of 9 μm (± 0,5 μm)

0  %

31.12.2017

ex 7019 19 10

10

Yarn of 33 tex or a multiple thereof (± 7,5 %), obtained from continuous spun-glass filaments of a nominal diameter of 3,5 μm or of 4,5 μm, in which filaments of a diameter of 3 μm or more but not more than 5,2 μm predominate, other than those treated so as to improve their adhesion to elastomers

0  %

31.12.2018

ex 7019 19 10

15

S-glass yarn of 33 tex or a multiple of 33 tex (± 13 %) made from continuous spun-glass filaments with fibres of a diameter of 9 μm (– 1 μm / + 1,5 μm)

0  %

31.12.2017

ex 7019 19 10

20

Yarn of 10,3 tex or more but not more than 11,9 tex, obtained from continuous spun-glass filaments, in which filaments of a diameter of 4,83 μm or more but not more than 5,83 μm predominate

0  %

31.12.2015

ex 7019 19 10

25

Yarn of 5,1 tex or more but not more than 6,0 tex, obtained from continuous spun-glass filaments, in which filaments of a diameter of 4,83 μm or more but not more than 5,83 μm predominate

0  %

31.12.2015

ex 7019 19 10

30

Yarn of E-glass of 22 tex (± 1,6 tex), obtained from continuous spun-glass filaments of a nominal diameter of 7 μm, in which filaments of a diameter of 6,35 μm or more but not more than 7,61 μm predominate

0  %

31.12.2014

ex 7019 19 10

50

Yarn of 11 tex or a multiple thereof (± 7,5 %), obtained from continuous spun-glass filaments, containing 93 percent by weight or more of silicon dioxide, of a nominal diameter of 6 μm or 9 μm, other than those treated

0  %

31.12.2016

ex 7019 19 10

55

Glass cord impregnated with rubber or plastic, obtained from K- or U-glass filaments, made up of:

| — | 9 % or more but not more than 16 % of magnesium oxide, |
| --- | --- |

—

9 % or more but not more than 16 % of magnesium oxide,

| — | 19 % or more but not more than 25 % of aluminium oxide, |
| --- | --- |

—

19 % or more but not more than 25 % of aluminium oxide,

| — | 0 % or more but not more than 2 % of boron oxide, |
| --- | --- |

—

0 % or more but not more than 2 % of boron oxide,

| — | without calcium oxide, |
| --- | --- |

—

without calcium oxide,

coated with a latex comprising at least a resorcinol- formaldehyde resin and chlorosulphonated polyethylene

0  %

31.12.2014

ex 7019 19 10

ex 7019 90 00

60

30

High modulus glass cord (K) impregnated with rubber, obtained from twisted high modulus glass filament yarns, coated with a latex comprising a resorcinol-formaldehyde resin with or without vinylpyridine and/or hydrogenated acrylonitrile-butadiene rubber (HNBR)

0  %

31.12.2018

ex 7019 19 10

ex 7019 90 00

70

20

Glass cord impregnated with rubber or plastic, obtained from twisted glass filament yarns, coated with a latex comprising at least a resorcinol-formaldehyde-vinylpyridine resin and an acrylonitrile-butadiene rubber (NBR)

0  %

31.12.2018

ex 7019 19 10

ex 7019 90 00

80

40

Glass cord impregnated with rubber or plastic, obtained from twisted glass filament yarns, coated with a latex comprising at least a resorcinol-formaldehyde resin and chlorosulphonated polyethylene

0  %

31.12.2018

ex 7019 39 00

50

Non-woven product of non-textile glass fibre, for the manufacture of air filters or catalysts (1)

0  %

31.12.2016

ex 7019 40 00

10

Woven fabrics of rovings, impregnated with epoxy resin, with a coefficient of thermal expansion between 30 °C and 120 °C (measured according to IPC-TM-650) of:

| — | 10ppm per °C or more but not more than 12ppm per °C in the length and width, and |
| --- | --- |

—

10ppm per °C or more but not more than 12ppm per °C in the length and width, and

| — | 20ppm per °C or more but not more than 30ppm per °C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650) |
| --- | --- |

—

20ppm per °C or more but not more than 30ppm per °C in the thickness, with a glass transition temperature of 152 °C or more but not more than 153 °C (measured according IPC-TM-650)

0  %

31.12.2018

ex 7019 90 00

10

Non-textile glass fibres in which fibres of a diameter of less than 4,6 μm predominate

0  %

31.12.2018

ex 7020 00 10

ex 7616 99 90

10

77

Television pedestal stands with or without bracket for fixation to and stabilization of television cabinet case/body

0  %

31.12.2016

ex 7201 10 11

10

Pig iron ingots with a length of not more than 350 mm, a width of not more than 150 mm, a height of not more than 150 mm

0  %

31.12.2016

ex 7201 10 30

10

Pig iron ingots with a length of not more than 350 mm, a width of not more than 150 mm, a height of not more than 150 mm, containing by weight not more than 1 % of silicon

0  %

31.12.2016

7202 50 00

Ferro-silico-chromium

0  %

31.12.2018

ex 7202 99 80

10

Ferro-dysprosium, containing by weight:

| — | 78 % or more of dysprosium, and |
| --- | --- |

—

78 % or more of dysprosium, and

| — | 18 % or more but not more than 22 % of iron |
| --- | --- |

—

18 % or more but not more than 22 % of iron

0  %

31.12.2015

ex 7318 14 99

ex 7318 14 99

20

29

Rock bolt:

| — | being a self-tapping screw, |
| --- | --- |

—

being a self-tapping screw,

| — | with a length of more than 300 mm, |
| --- | --- |

—

with a length of more than 300 mm,

of a kind used for support of mines

0  %

31.12.2016

ex 7320 90 10

91

Flat spiral spring of tempered steel, with:

| — | a thickness of 2,67 mm or more, but not more than 4,11 mm, |
| --- | --- |

—

a thickness of 2,67 mm or more, but not more than 4,11 mm,

| — | a width of 12,57 mm or more, but not more than 16,01 mm, |
| --- | --- |

—

a width of 12,57 mm or more, but not more than 16,01 mm,

| — | a torque of 18,05 Nm or more, but not more than 73,5 Nm |
| --- | --- |

—

a torque of 18,05 Nm or more, but not more than 73,5 Nm

| — | an angle between the free position and the nominal position in exercise of 76 ° or more, but not more than 218 ° |
| --- | --- |

—

an angle between the free position and the nominal position in exercise of 76 ° or more, but not more than 218 °

for use in the manufacture of tensioners for power transmission belts, for internal combustion engines (1)

0  %

31.12.2018

ex 7325 99 10

20

Anchor head of hot dipped galvanized ductile cast iron of the kind used in the production of earth anchors

0  %

31.12.2014

ex 7326 20 00

20

Metal fleece, consisting of a mass of stainless steel wires of diameters of 0,017 mm or more but not more than 0,070 mm, compacted by sintering and rolling

0  %

31.12.2016

ex 7410 11 00

ex 8507 90 80

ex 8545 90 90

10

60

30

Roll of laminate foil of graphite and copper, with:

| — | a width of 610 mm or more but not more than 620 mm, and |
| --- | --- |

—

a width of 610 mm or more but not more than 620 mm, and

| — | a diameter of 690 mm or more but not more than 710 mm, |
| --- | --- |

—

a diameter of 690 mm or more but not more than 710 mm,

for use in the manufacture of lithium-ion electric vehicle batteries (1)

0  %

31.12.2016

ex 7410 21 00

10

Sheet or plate of polytetrafluoroethylene, containing aluminium oxide or titanium dioxide as filler or reinforced with glass-fibre fabric, covered on both sides with copper foil

0  %

31.12.2018

ex 7410 21 00

30

Film of polyimide, whether or not containing epoxide resin and/or glass fibre, covered on one side or on both sides with a copper foil

0  %

31.12.2018

ex 7410 21 00

40

Sheet or plates:

| — | consisting of at least a central layer of paper or one central sheet of any type of nonwoven fibre, laminated on each side with glass-fibre fabric and impregnated with epoxide resin, or |
| --- | --- |

—

consisting of at least a central layer of paper or one central sheet of any type of nonwoven fibre, laminated on each side with glass-fibre fabric and impregnated with epoxide resin, or

| — | consisting of multiple layers of paper, impregnated with phenolic resin, |
| --- | --- |

—

consisting of multiple layers of paper, impregnated with phenolic resin,

coated on one or both sides with a copper film with a maximum thickness of 0,15 mm

0  %

31.12.2018

ex 7410 21 00

50

Plates:

| — | consisting of at least one layer of fibreglass fabric impregnated with epoxide resin, |
| --- | --- |

—

consisting of at least one layer of fibreglass fabric impregnated with epoxide resin,

| — | covered on one or both sides with copper foilwith a thickness of not more than 0,15mm and |
| --- | --- |

—

covered on one or both sides with copper foilwith a thickness of not more than 0,15mm and

| — | with a dielectric constant (DK) of less than 3,9 and a loss factor (Df) of less than 0,015 at a measuring frequency of 10GHz, as measured according to IPC-TM-650 |
| --- | --- |

—

with a dielectric constant (DK) of less than 3,9 and a loss factor (Df) of less than 0,015 at a measuring frequency of 10GHz, as measured according to IPC-TM-650

0  %

31.12.2018

ex 7410 21 00

60

Plates, rolls and sheets of synthetic or artificial resin:

| — | with a maximum thickness of not more than 25 μm, |
| --- | --- |

—

with a maximum thickness of not more than 25 μm,

| — | coated on both sides with a copper film with a maximum thickness of 0,15mm, |
| --- | --- |

—

coated on both sides with a copper film with a maximum thickness of 0,15mm,

| — | with a minimum capacitance of 1,09pF/mm2, |
| --- | --- |

—

with a minimum capacitance of 1,09pF/mm2,

for use in the manufacture of circuit boards (1)

0  %

31.12.2018

ex 7410 21 00

70

Plates, rolls or sheets:

| — | with at least one layer of woven glass fibre, impregnated with a fire-retardant artificial or synthetic resin with a glass transition temperature (Tg) of more than 170 °C (according to IPC-TM-650, method 2.4.25), |
| --- | --- |

—

with at least one layer of woven glass fibre, impregnated with a fire-retardant artificial or synthetic resin with a glass transition temperature (Tg) of more than 170 °C (according to IPC-TM-650, method 2.4.25),

| — | coated on one or both sides with a copper film with a thickness of not more than 0,15 mm, |
| --- | --- |

—

coated on one or both sides with a copper film with a thickness of not more than 0,15 mm,

for use in the manufacture of circuit boards (1)

0  %

31.12.2018

ex 7419 99 90

ex 7616 99 90

91

60

Disc (target) with deposition material, consisting of molybdenum silicide:

| — | containing 1 mg/kg or less of sodium and |
| --- | --- |

—

containing 1 mg/kg or less of sodium and

| — | mounted on a copper or aluminium support |
| --- | --- |

—

mounted on a copper or aluminium support

0  %

31.12.2018

7601 20 20

Slabs and billets of unwrought aluminium alloys

4  %

31.12.2018

ex 7601 20 20

10

Slabs and billets of aluminium alloy containing lithium

0  %

31.12.2017

ex 7604 21 00

ex 7604 29 90

10

30

Profiles made of aluminium alloy conforming to EN standard AW-6063 T5

| — | anodized |
| --- | --- |

—

anodized

| — | whether or not lacquered |
| --- | --- |

—

whether or not lacquered

| — | with a wall thickness of 0,5 mm (± 1,2 %) or more but not more than 0,8 mm (± 1,2 %) |
| --- | --- |

—

with a wall thickness of 0,5 mm (± 1,2 %) or more but not more than 0,8 mm (± 1,2 %)

for use in the manufacture of goods of heading 8302  (1)

0  %

31.12.2018

ex 7604 29 10

ex 7606 12 99

10

20

Sheets and bars of aluminium-lithium alloys

0  %

31.12.2015

ex 7605 19 00

10

Not alloyed aluminium wire, of a diameter of 2 mm or more but not more than 6 mm, covered with a layer of copper of a thickness of 0,032 mm or more but not more than 0,117 mm

0  %

31.12.2018

ex 7606 12 92

ex 7607 11 90

20

20

Aluminium and magnesium alloy strip:

| — | in rolls, |
| --- | --- |

—

in rolls,

| — | of a thickness of 0,14 mm or more but not more than 0,40 mm, |
| --- | --- |

—

of a thickness of 0,14 mm or more but not more than 0,40 mm,

| — | a width of 12,5 mm or more but not more than 359 mm, |
| --- | --- |

—

a width of 12,5 mm or more but not more than 359 mm,

| — | a tensile strength of 285 N/mm2 or more, and |
| --- | --- |

—

a tensile strength of 285 N/mm2 or more, and

| — | an elongation at break of 1 % or more, and |
| --- | --- |

—

an elongation at break of 1 % or more, and

containing by weight:

| — | 93,3 % or more of aluminium, |
| --- | --- |

—

93,3 % or more of aluminium,

| — | 2,2 % or more but not more than 5 % of magnesium, and |
| --- | --- |

—

2,2 % or more but not more than 5 % of magnesium, and

| — | not more than 1,8 % of other elements |
| --- | --- |

—

not more than 1,8 % of other elements

0  %

31.12.2017

ex 7607 11 90

10

Plain aluminium foil with the following parameters:

| — | an aluminium content of 99,98 % or more |
| --- | --- |

—

an aluminium content of 99,98 % or more

| — | a thickness of 0,070 mm or more but not more than 0,125 mm |
| --- | --- |

—

a thickness of 0,070 mm or more but not more than 0,125 mm

| — | with a cubic texture |
| --- | --- |

—

with a cubic texture

of a kind used for high voltage etching (1)

0  %

31.12.2016

ex 7607 11 90

40

Aluminium foil in rolls:

| — | having a purity of 99,99 % by weight, |
| --- | --- |

—

having a purity of 99,99 % by weight,

| — | of a thickness of 0,021 mm or more but not more than 0,2 mm, |
| --- | --- |

—

of a thickness of 0,021 mm or more but not more than 0,2 mm,

| — | with a width of 500 mm, |
| --- | --- |

—

with a width of 500 mm,

| — | with a surface oxide layer by 3 to 4 nm thick, |
| --- | --- |

—

with a surface oxide layer by 3 to 4 nm thick,

| — | and with a cubic texture of more than 95 % |
| --- | --- |

—

and with a cubic texture of more than 95 %

0  %

31.12.2016

ex 7607 19 90

ex 8507 90 80

10

80

Sheet in the form of a roll consisting of a laminate of lithium and manganese bonded to aluminium, with:

| — | a width of 595 mm or more but not more than 605 mm, and |
| --- | --- |

—

a width of 595 mm or more but not more than 605 mm, and

| — | a diameter of 690 mm or more but not more than 710 mm, |
| --- | --- |

—

a diameter of 690 mm or more but not more than 710 mm,

for use in the manufacture of cathodes for lithium-ion electric vehicle batteries (1)

0  %

31.12.2016

ex 7607 20 90

10

Aluminium laminated film of a total thickness of not more than 0,123 mm, comprising of a layer of aluminium of a thickness of not more than 0,040 mm, polyamide and polypropylene base films, and a protective coating against corrosion by hydrofluoric acid, for use in the manufacture of lithium polymer batteries (1)

0  %

31.12.2017

ex 7607 20 90

20

Lubricating entry sheet of a total thickness of not more than 350 μm, comprising of:

| — | a layer of aluminium foil of a thickness of 70 μm or more but not more than 150 μm, |
| --- | --- |

—

a layer of aluminium foil of a thickness of 70 μm or more but not more than 150 μm,

| — | a water soluble lubricant of a thickness of 20 μm or more but not more than 200 μm and solid at room temperature |
| --- | --- |

—

a water soluble lubricant of a thickness of 20 μm or more but not more than 200 μm and solid at room temperature

0  %

31.12.2015

ex 7613 00 00

20

Aluminium container, seamless, for compressed natural gas or compressed hydrogen, wholly embedded in an overwrap of epoxy-carbon fibres composite, of a storage capacity of 172 l (± 10 %) and an unfilled weight of not more than 64 kg

0  %

31.12.2018

ex 7616 99 90

15

Honeycomb aluminium blocks of the type used in the manufacture of aircraft parts

0  %

31.12.2018

ex 7616 99 90

ex 8482 80 00

ex 8803 30 00

70

10

40

Connecting components for use in the production of helicopter tail rotor shafts (1)

0  %

31.12.2016

ex 7616 99 90

75

Parts in the shape of a rectangular frame:

| — | of painted aluminium, |
| --- | --- |

—

of painted aluminium,

| — | with a length of 1 011  mm or more but not more than 1 500  mm, |
| --- | --- |

—

with a length of 1 011  mm or more but not more than 1 500  mm,

| — | with a width of 622 mm or more but not more than 900 mm, |
| --- | --- |

—

with a width of 622 mm or more but not more than 900 mm,

| — | with a thickness of 0,6 mm (± 0,1 mm), |
| --- | --- |

—

with a thickness of 0,6 mm (± 0,1 mm),

of a kind used in the manufacture of TV sets

0  %

31.12.2017

ex 8102 10 00

10

Molybdenum powder with:

| — | a purity by weight of 99 % or more and |
| --- | --- |

—

a purity by weight of 99 % or more and

| — | a particle size of 1,0 μm or more, but not more than 5,0 μm |
| --- | --- |

—

a particle size of 1,0 μm or more, but not more than 5,0 μm

0  %

31.12.2017

8104 11 00

Unwrought magnesium, containing at least 99,8 % by weight of magnesium

0  %

31.12.2018

ex 8104 30 00

30

Magnesium powder:

| — | of purity by weight of 99,5 % or more, |
| --- | --- |

—

of purity by weight of 99,5 % or more,

| — | with a particle size of 0,2 mm or more but not more than 0,8 mm |
| --- | --- |

—

with a particle size of 0,2 mm or more but not more than 0,8 mm

0  %

31.12.2015

ex 8104 90 00

10

Ground and polished magnesium sheets, of dimensions not more than 1 500  mm × 2 000  mm, coated on one side with an epoxy resin insensitive to light

0  %

31.12.2018

ex 8105 90 00

10

Bars or wires made of cobalt alloy containing, by weight:

| — | 35 % (± 2 %) cobalt, |
| --- | --- |

—

35 % (± 2 %) cobalt,

| — | 25 % (± 1 %) nickel, |
| --- | --- |

—

25 % (± 1 %) nickel,

| — | 19 % (± 1 %) chromium and |
| --- | --- |

—

19 % (± 1 %) chromium and

| — | 7 % (± 2 %) iron |
| --- | --- |

—

7 % (± 2 %) iron

conforming to the material specifications AMS 5842, of a kind used in the aerospace industry

0  %

31.12.2017

ex 8108 20 00

10

Titanium sponge

0  %

31.12.2018

ex 8108 20 00

30

Titanium powder of which 90 % by weight or more passes through a sieve with an aperture of 0,224 mm

0  %

31.12.2018

ex 8108 30 00

10

Waste and scrap of titanium and titanium alloys, except those containing by weight 1 % or more but not more than 2 % of aluminium

0  %

31.12.2018

ex 8108 90 30

10

Titanium alloy rods complying with standard EN 2002-1, EN 4267 or DIN 65040

0  %

31.12.2014

ex 8108 90 30

20

Bars, rods and wire of alloy of titanium and aluminium, containing by weight 1 % or more but not more than 2 % of aluminium, for use in the manufacture of silencers and exhaust pipes of subheadings 8708 92 or 8714 10 00  (1)

0  %

31.12.2017

ex 8108 90 30

30

Titanium-aluminium-vanadium alloy (TiAl6V4) wire, complying with AMS standards 4928 and 4967

0  %

31.12.2015

ex 8108 90 30

40

Wire of an titanium alloy containing by weight:

| — | 22 % (± 3 %) of vanadium and |
| --- | --- |

—

22 % (± 3 %) of vanadium and

| — | 4 % (± 0,5 %) of aluminium |
| --- | --- |

—

4 % (± 0,5 %) of aluminium

0  %

31.12.2016

ex 8108 90 50

10

Alloy of titanium and aluminium, containing by weight 1 % or more but not more than 2 % of aluminium, in sheets or rolls, of a thickness of 0,49 mm or more but not more than 3,1 mm, of a width of 1 000  mm or more but not more than 1 254  mm, for the manufacture of goods of subheading 8714 10 00  (1)

0  %

31.12.2018

ex 8108 90 50

30

Alloy of titanium and silicon, containing by weight 0,15 % or more but not more than 0,60 % of silicon, in sheets or rolls, for use in the manufacture of:

| — | exhaust systems for internal combustion engines or |
| --- | --- |

—

exhaust systems for internal combustion engines or

| — | tubes and pipes of subheading 8108 90 60  (1) |
| --- | --- |

—

tubes and pipes of subheading 8108 90 60  (1)

0  %

31.12.2017

ex 8108 90 50

50

Plates, sheets, strips and foils of an alloy of titanium, copper and niobium, containing by weight 0,8 % or more but not more than 1,2 % of copper and 0,4 % or more but not more than 0,6 % of niobium

0  %

31.12.2017

ex 8108 90 50

60

Plates, sheets, strips and foils of an alloy of titanium, aluminium, silicon and niobium, containing by weight:

| — | 0,4 % or more but not more than 0,6 % of aluminium, |
| --- | --- |

—

0,4 % or more but not more than 0,6 % of aluminium,

| — | 0,35 % or more but not more than 0,55 % of silicon and |
| --- | --- |

—

0,35 % or more but not more than 0,55 % of silicon and

| — | 0,1 % or more but not more than 0,3 % of niobium |
| --- | --- |

—

0,1 % or more but not more than 0,3 % of niobium

0  %

31.12.2018

ex 8108 90 50

70

Strip of an alloy of titanium, containing by weight:

| — | 15 % (± 1 %) of vanadium |
| --- | --- |

—

15 % (± 1 %) of vanadium

| — | 3 % (± 0,5 %) of chromium |
| --- | --- |

—

3 % (± 0,5 %) of chromium

| — | 3 % (± 0,5 %) of tin and |
| --- | --- |

—

3 % (± 0,5 %) of tin and

| — | 3 % (± 0,5 %) of aluminium |
| --- | --- |

—

3 % (± 0,5 %) of aluminium

0  %

31.12.2016

ex 8108 90 50

75

Plates, sheets, strips and foil of titanium alloy, containing by weight:

| — | 0,3 % or more but not more than 0,7 % of aluminium and |
| --- | --- |

—

0,3 % or more but not more than 0,7 % of aluminium and

| — | 0,25 % or more but not more than 0,6 % of silicon |
| --- | --- |

—

0,25 % or more but not more than 0,6 % of silicon

0  %

31.12.2016

ex 8108 90 50

85

Plates, sheets, strip and foil of non-alloyed titanium

0  %

31.12.2017

ex 8108 90 90

ex 9003 90 00

20

10

Parts of spectacle frames and mountings, including bolts of the kind used for spectacle frames and mountings, of an alloy of titanium

0  %

31.12.2016

ex 8109 20 00

10

Non-alloy zirconium sponges or ingots, containing by weight more than 0,01 % of hafnium for use in the manufacture of tubes, bars or ingots enlarged by remelting for the chemical industry (1)

0  %

31.12.2018

ex 8110 10 00

10

Antimony in the form of ingots

0  %

31.12.2018

ex 8112 99 30

10

Alloy of niobium (columbium) and titanium, in the form of bars and rods

0  %

31.12.2018

ex 8113 00 20

10

Cermet blocks containing by weight 60 % or more of aluminium and 5 % or more of boron carbide

0  %

31.12.2016

ex 8113 00 90

10

Carrier plate of aluminium silicon carbide (AlSiC-9) for electronic circuits

0  %

31.12.2017

ex 8207 30 10

10

Set of transfer and/or tandem press tools for cold-forming, pressing, drawing, cutting, punching, bending, calibrating, bordering and throating of metal sheets, for use in the manufacture of frame parts of motor vehicles (1)

0  %

31.12.2017

ex 8301 60 00

ex 8413 91 00

ex 8419 90 85

ex 8438 90 00

ex 8468 90 00

ex 8476 90 00

ex 8479 90 80

ex 8481 90 00

ex 8503 00 99

ex 8515 90 00

ex 8531 90 85

ex 8536 90 85

ex 8543 90 00

ex 8708 91 99

ex 8708 99 97

ex 9031 90 85

10

20

20

10

10

10

87

20

45

20

20

96

50

10

30

30

Keypads, wholly of either silicone or polycarbonate, including printed keys with electrical contacting elements

0  %

31.12.2015

ex 8309 90 90

10

Aluminium can ends with so-called "ring pull" full aperture with a diameter of 136,5 mm (± 1 mm)

0  %

31.12.2018

ex 8401 30 00

20

Non-irradiated hexagonal fuel modules (elements) for use in nuclear reactors (1)

0  %

31.12.2018

ex 8405 90 00

ex 8708 21 10

ex 8708 21 90

10

10

10

Metal casing for automobile safety belt pre-tension gas generators

0  %

31.12.2014

ex 8407 33 20

ex 8407 33 80

ex 8407 90 80

ex 8407 90 90

10

10

10

10

Spark-ignition reciprocating or rotary internal combustion piston engines, having a cylinder capacity of not less than 300 cm3 and a power of not less than 6 kW but not exceeding 20,0 kW, for the manufacture of:

| — | self-propelled lawn mowers with a seat of subheading 8433 11 51 , and hand-operated lawn mowers of heading 8433 11 90 , |
| --- | --- |

—

self-propelled lawn mowers with a seat of subheading 8433 11 51 , and hand-operated lawn mowers of heading 8433 11 90 ,

| — | tractors of subheading 8701 90 11 , whose main function is that of a lawn mower, |
| --- | --- |

—

tractors of subheading 8701 90 11 , whose main function is that of a lawn mower,

| — | four stroke mowers with motor of a cylinder capacity of not less than 300 cc of subheading 8433 20 10 or |
| --- | --- |

—

four stroke mowers with motor of a cylinder capacity of not less than 300 cc of subheading 8433 20 10 or

| — | snowploughs and snow blowers of subheading 8430 20  (1) |
| --- | --- |

—

snowploughs and snow blowers of subheading 8430 20  (1)

0  %

31.12.2017

ex 8407 90 10

10

Four-stroke petrol engines of a cylinder capacity of not more than 250 cm3 for use in the manufacture of lawnmowers of subheading 8433 11 , mowers with motor of subheading 8433 20 10 , rotovators of subheading 8432 29 50 , garden shredders of subheading 8436 80 90 or scarifiers of subheading 8432 29 10  (1)

0  %

31.12.2016

ex 8407 90 90

20

Compact Liquid Petroleum Gas (LPG) Engine System, with:

| — | 6 cylinders, |
| --- | --- |

—

6 cylinders,

| — | an output of 75 kW or more, but not more than 80 kW, |
| --- | --- |

—

an output of 75 kW or more, but not more than 80 kW,

| — | inlet and exhaust valves modified to operate continuously in heavy duty applications, |
| --- | --- |

—

inlet and exhaust valves modified to operate continuously in heavy duty applications,

for use in the manufacture of vehicles of heading 8427  (1)

0  %

31.12.2015

ex 8408 90 41

20

Diesel engines of a power of not more than 15 kW, with 2 or 3 cylinders, for use in the manufacture of vehicle mounted temperature control systems (1)

0  %

31.12.2018

ex 8408 90 43

20

Diesel engines of a power of not more than 30 kW, with 4 cylinders, for use in the manufacture of vehicle mounted temperature control systems (1)

0  %

31.12.2018

ex 8408 90 43

ex 8408 90 45

ex 8408 90 47

30

20

30

4 Cylinder, 4 cycle, liquid cooled, compression-ignition engine having:

| — | a capacity of not more than 3 850 cm3, and |
| --- | --- |

—

a capacity of not more than 3 850 cm3, and

| — | a rated output of 15 kW or more but not more than 55 kW, |
| --- | --- |

—

a rated output of 15 kW or more but not more than 55 kW,

for use in the manufacture of vehicles of heading 8427  (1)

0  %

31.12.2017

ex 8408 90 47

40

4 Cylinder, 4 cycle, liquid cooled, compression-ignition engine having:

| — | a capacity of not more than 3 850 cm3, |
| --- | --- |

—

a capacity of not more than 3 850 cm3,

| — | a rated output of 55 kW or more but not more than 85 kW, |
| --- | --- |

—

a rated output of 55 kW or more but not more than 85 kW,

for use in the manufacture of vehicles of heading 8427  (1)

0  %

31.12.2018

ex 8409 91 00

ex 8409 99 00

10

20

Exhaust manifold complying with standard DIN EN 13835, whether or not with turbine housing, with four inlet ports, for use in the manufacture of exhaust manifold that is turned, milled, drilled and/or processed by other means (1)

0  %

31.12.2016

ex 8409 99 00

ex 8479 90 80

10

85

Injectors with solenoid valve for optimised atomisation in the engine combustion chamber

0  %

31.12.2016

ex 8411 99 00

30

Wheel-shaped gas turbine component with blades, of a kind used in turbochargers:

| — | of a precision-cast nickel based alloy complying with standard DIN G- NiCr13Al16MoNb or DIN NiCo10W10Cr9AlTi or AMS AISI:686, |
| --- | --- |

—

of a precision-cast nickel based alloy complying with standard DIN G- NiCr13Al16MoNb or DIN NiCo10W10Cr9AlTi or AMS AISI:686,

| — | with a heat-resistance of not more than 1 100 °C; |
| --- | --- |

—

with a heat-resistance of not more than 1 100 °C;

| — | with a diameter of 30 mm or more, but not more than 80 mm; |
| --- | --- |

—

with a diameter of 30 mm or more, but not more than 80 mm;

| — | with a height of 30 mm or more, but not more than 50 mm |
| --- | --- |

—

with a height of 30 mm or more, but not more than 50 mm

0  %

31.12.2017

ex 8411 99 00

40

Spiral-shaped gas turbine turbocharger component:

| — | of a stainless alloy, |
| --- | --- |

—

of a stainless alloy,

| — | with a heat-resistance of not more than 1 050 °C, |
| --- | --- |

—

with a heat-resistance of not more than 1 050 °C,

| — | with a diameter of 100 mm or more, but not more than 200 mm, |
| --- | --- |

—

with a diameter of 100 mm or more, but not more than 200 mm,

| — | with a height of 100 mm or more, but not more than 150 mm, |
| --- | --- |

—

with a height of 100 mm or more, but not more than 150 mm,

| — | whether or not with an engine exhaust manifold |
| --- | --- |

—

whether or not with an engine exhaust manifold

0  %

31.12.2018

ex 8411 99 00

50

Actuator for a single-stage turbocharger:

| — | with a built-in conducting horn and connecting sleeve, |
| --- | --- |

—

with a built-in conducting horn and connecting sleeve,

| — | of a stainless steel alloy, |
| --- | --- |

—

of a stainless steel alloy,

| — | with conducting horns having an operating distance of 20 mm, |
| --- | --- |

—

with conducting horns having an operating distance of 20 mm,

| — | with a length of not more than 350 mm, |
| --- | --- |

—

with a length of not more than 350 mm,

| — | with a diameter of not more than 75 mm, |
| --- | --- |

—

with a diameter of not more than 75 mm,

| — | with a height of not more than 50 mm |
| --- | --- |

—

with a height of not more than 50 mm

0  %

31.12.2018

ex 8413 70 35

20

Single phase centrifugal pump:

| — | discharging at least 400 cm3 fluid per minute, |
| --- | --- |

—

discharging at least 400 cm3 fluid per minute,

| — | with a noise level limited to 6 dBA, |
| --- | --- |

—

with a noise level limited to 6 dBA,

| — | with the inside diameter of the suction opening and discharge outlet of not more than 15 mm, and |
| --- | --- |

—

with the inside diameter of the suction opening and discharge outlet of not more than 15 mm, and

| — | working at ambient temperatures down to -10 °C |
| --- | --- |

—

working at ambient temperatures down to -10 °C

0  %

31.12.2015

ex 8414 30 81

50

Hermetic or semi-hermetic variable-speed electric scroll compressors, with a nominal power rating of 0,5 kW or more but not more than 10 kW, with a displacement volume of not more than 35 cm3, of the type used in refrigeration equipment

0  %

31.12.2014

ex 8414 30 89

20

Vehicle air conditioning system part, consisting of an open shaft reciprocating compressor of a power of more than 0,4 kW but not more than 10 kW

0  %

31.12.2018

ex 8414 59 20

30

Axial fan:

| — | with an electric motor, |
| --- | --- |

—

with an electric motor,

| — | of an output of not more than 125 W |
| --- | --- |

—

of an output of not more than 125 W

for use in the manufacture of computers (1)

0  %

31.12.2018

ex 8414 59 20

40

Axial fan with an electric motor, of an output of not more than 2 W, for use in the manufacture of products of heading 8521 or 8528  (1)

0  %

31.12.2015

ex 8414 59 80

ex 8414 90 00

40

60

Cross-flow fan with:

| — | a height of 575 mm (± 1,0 mm) or more, but not more than 850 mm (± 1,0 mm), |
| --- | --- |

—

a height of 575 mm (± 1,0 mm) or more, but not more than 850 mm (± 1,0 mm),

| — | a diameter of 95mm (± 0,6 mm) or 102 mm (± 0,6 mm), |
| --- | --- |

—

a diameter of 95mm (± 0,6 mm) or 102 mm (± 0,6 mm),

| — | an anti-static, anti-bacterial and heat-resistant, 30 % glass fibre reinforced plastic raw material that has a minimum temperature resistance of 70 °C (± 5 °C), |
| --- | --- |

—

an anti-static, anti-bacterial and heat-resistant, 30 % glass fibre reinforced plastic raw material that has a minimum temperature resistance of 70 °C (± 5 °C),

for use in the manufacture of indoor units of split-type air conditioning machines (1)

0  %

31.12.2016

ex 8414 90 00

20

Aluminium pistons, for incorporation into compressors of air conditioning machines of motor vehicles (1)

0  %

31.12.2014

ex 8414 90 00

30

Pressure-regulating system, for incorporation into compressors of air conditioning machines of motor vehicles (1)

0  %

31.12.2018

ex 8414 90 00

40

Drive part, for compressors of air conditioning machines of motor vehicles (1)

0  %

31.12.2018

ex 8415 90 00

20

Evaporator made of aluminium for use in the manufacture of air conditioning machines for automobiles (1)

0  %

31.12.2016

ex 8418 99 10

50

Evaporator composed of aluminium fins and a copper coil of the kind used in refrigeration equipment

0  %

31.12.2014

ex 8418 99 10

60

Condenser composed of two concentric copper tubes of the kind used in refrigeration equipment

0  %

31.12.2014

ex 8421 99 00

91

Parts of equipment, for the purification of water by reverse osmosis, consisting of a bundle of hollow fibres of artificial plastic material with permeable walls, embedded in a block of artificial plastic material at one end and passing through a block of artificial plastic material at the other end, whether or not housed in a cylinder

0  %

31.12.2018

ex 8421 99 00

93

Components of separators for the separation or purification of gases from gas mixtures, consisting of a bundle of permeable hollow fibres enclosed within a container, whether or not perforated, of an overall length of 300 mm or more but not more than 3 700  mm and a diameter of not more than 500 mm

0  %

31.12.2018

ex 8422 30 00

ex 8479 89 97

10

30

Machines and apparatus, other than injection moulding machines, for the manufacture of ink-jet printer cartridges (1)

0  %

31.12.2018

ex 8424 90 00

30

Containers of poly(ethylene terephthalate), with a content of 50 ml or more but not more than 600 ml, equipped with a nozzle, of a kind used as a part of mechanical appliances for spraying liquids

0  %

31.12.2018

ex 8431 20 00

30

Drive axle assembly containing differential, reduction gears, crown wheel, drive shafts, wheel hubs, brakes and mast mounting arms for use in the manufacture of vehicles in heading 8427  (1)

0  %

31.12.2017

ex 8439 99 00

10

Suction-roll shells, produced by centrifugal casting, not drilled, in the form of alloy-steel tubes, of a length of 3 000  mm or more and an external diameter of 550 mm or more

0  %

31.12.2018

ex 8467 99 00

ex 8536 50 11

10

35

Mechanical switches for connecting electrical circuits, with:

| — | a voltage of 14,4 V or more but not more than 42 V, |
| --- | --- |

—

a voltage of 14,4 V or more but not more than 42 V,

| — | an amperage of 10 A or more but not more than 42 A, |
| --- | --- |

—

an amperage of 10 A or more but not more than 42 A,

for use in the manufacture of machines falling within heading 8467  (1)

0  %

31.12.2014

ex 8477 80 99

10

Machines for casting or for surface modification of plastic membranes of heading 3921

0  %

31.12.2018

ex 8479 89 97

40

Isobaric pressure exchanger with a flow rate of not more than 50 m3/h, whether or not with a booster pump

0  %

31.12.2014

ex 8479 89 97

ex 8479 90 80

50

80

Machinery, being components of a production line for the manufacture of lithium ion batteries for passenger electric motor vehicles, for the construction of such a production line (1)

0  %

31.12.2015

ex 8481 30 91

91

Steel check (non-return) valves with:

| — | an opening pressure of not more than 800 kPa |
| --- | --- |

—

an opening pressure of not more than 800 kPa

| — | an external diameter not more than 37 mm |
| --- | --- |

—

an external diameter not more than 37 mm

0  %

31.12.2014

ex 8481 80 59

10

Air control valve, consisting of a stepping motor and a valve pintle, for the regulation of idle air flow in fuel injection engines

0  %

31.12.2018

ex 8481 80 69

60

Four-way reversing valve for refrigerants, consisting of:

| — | a solenoid pilot valve |
| --- | --- |

—

a solenoid pilot valve

| — | a brass valve body including valve slider and copper connections |
| --- | --- |

—

a brass valve body including valve slider and copper connections

with a working pressure up to 4,5 MPa

0  %

31.12.2017

ex 8481 80 79

20

Solenoid valve device that can withstand a pressure of 875 bar

0  %

31.12.2018

ex 8481 80 99

50

Service valve, consisting a combination of a two way valve on the liquid line and a three way valve on the gas line with:

| — | a minimum enclosing pressure of 30 kgf/cm2, |
| --- | --- |

—

a minimum enclosing pressure of 30 kgf/cm2,

| — | a minimum withstanding pressure of 45 kgf/cm2, |
| --- | --- |

—

a minimum withstanding pressure of 45 kgf/cm2,

for use in the manufacture of outdoor air conditioning units (1)

0  %

31.12.2016

ex 8481 80 99

60

our way valve, consisting of:

| — | a core plunger, |
| --- | --- |

—

a core plunger,

| — | a sealing plunger, |
| --- | --- |

—

a sealing plunger,

| — | a 220 V-240 V AC 50/60 Hz solenoid coil, |
| --- | --- |

—

a 220 V-240 V AC 50/60 Hz solenoid coil,

| — | a working pressure up to 4,3 MPa, |
| --- | --- |

—

a working pressure up to 4,3 MPa,

| — | a housing |
| --- | --- |

—

a housing

for directing the flow of the refrigerant, for use in the manufacture of outdoor air conditioning units (1)

0  %

31.12.2016

ex 8483 30 38

30

Cylindrical bearing housing:

| — | of precision-cast grey cast iron complying with standard DIN EN 1561, |
| --- | --- |

—

of precision-cast grey cast iron complying with standard DIN EN 1561,

| — | with oil chambers, |
| --- | --- |

—

with oil chambers,

| — | without bearings, |
| --- | --- |

—

without bearings,

| — | with a diameter of 60 mm or more, but not more than 180 mm, |
| --- | --- |

—

with a diameter of 60 mm or more, but not more than 180 mm,

| — | with a height of 60 mm or more, but not more than 120 mm, |
| --- | --- |

—

with a height of 60 mm or more, but not more than 120 mm,

| — | whether or not with water chambers and connectors |
| --- | --- |

—

whether or not with water chambers and connectors

0  %

31.12.2017

ex 8483 40 29

50

Gear set of cycloid gear type with:

| — | a rated torque of 50 Nm or more but not more than 7 000 Nm, |
| --- | --- |

—

a rated torque of 50 Nm or more but not more than 7 000 Nm,

| — | standard ratios of 1:50 or more but not more than 1:270, |
| --- | --- |

—

standard ratios of 1:50 or more but not more than 1:270,

| — | lost motion of not more than one arc minute, |
| --- | --- |

—

lost motion of not more than one arc minute,

| — | an efficiency of more than 80 %, |
| --- | --- |

—

an efficiency of more than 80 %,

of a kind used in robot arms

0  %

31.12.2016

ex 8483 40 29

60

Epicyclic gearing, of a kind used in driving hand-held power tools with:

| — | a rated torque of 25 Nm or more, but not more than 70 Nm, |
| --- | --- |

—

a rated torque of 25 Nm or more, but not more than 70 Nm,

| — | standard gear ratios of 1:12.7 or more, but not more than 1:64.3 |
| --- | --- |

—

standard gear ratios of 1:12.7 or more, but not more than 1:64.3

0  %

31.12.2018

ex 8483 40 51

20

Gear box, having a differential with wheel axle, for use in the manufacture of self-propelled lawnmowers with a seat of subheading 8433 11 51  (1)

0  %

31.12.2018

ex 8483 40 59

20

Hydrostatic speed changer, having a hydro pump and a differential with wheel axle, for use in the manufacture of self-propelled lawnmowers with a seat of subheading 8433 11 51  (1)

0  %

31.12.2018

ex 8483 40 90

80

Transmission gearbox, with:

| — | not more than 3 gears, |
| --- | --- |

—

not more than 3 gears,

| — | an automatic deceleration system and |
| --- | --- |

—

an automatic deceleration system and

| — | a power reversal system, |
| --- | --- |

—

a power reversal system,

for use in the manufacture of goods of heading 8427  (1)

0  %

31.12.2015

ex 8501 10 99

54

DC motor, brushless, with an external diameter of not more than 25,4 mm, a rated speed of 2 260 (± 15 %) rpm or 5 420 (± 15 %) rpm, a supply voltage of 1,5 V or 3 V

0  %

31.12.2018

ex 8501 10 99

60

DC motor:

| — | with a rotor speed of 3 500 rpm or more but not more than 5 000 rpm loaded and not more than 6 500 rpm when not loaded |
| --- | --- |

—

with a rotor speed of 3 500 rpm or more but not more than 5 000 rpm loaded and not more than 6 500 rpm when not loaded

| — | with a power supply voltage of 100 V or more but not more than 240 V |
| --- | --- |

—

with a power supply voltage of 100 V or more but not more than 240 V

for use in the manufacture of electric fryers (1)

0  %

31.12.2017

ex 8501 10 99

79

DC motor with brushes and an internal rotor with a three-phase winding, whether or not equipped with a worm, of a specified temperature range covering at least – 20 °C to + 70 °C

0  %

31.12.2018

ex 8501 10 99

80

DC stepping motor, with:

| — | an angle of step of 7,5 ° (± 0,5 °), |
| --- | --- |

—

an angle of step of 7,5 ° (± 0,5 °),

| — | a pull-out torque at 25 °C of 25 mNm or more, |
| --- | --- |

—

a pull-out torque at 25 °C of 25 mNm or more,

| — | a pull-out pulse rate of 1 960 pps or more, |
| --- | --- |

—

a pull-out pulse rate of 1 960 pps or more,

| — | a two-phase winding, and |
| --- | --- |

—

a two-phase winding, and

| — | a rated voltage of 10,5 V or more, but not more than 16,0 V |
| --- | --- |

—

a rated voltage of 10,5 V or more, but not more than 16,0 V

0  %

31.12.2018

ex 8501 10 99

81

DC stepping motor, with an angle of step of 18 ° or more, a holding torque of 0,5 mNm or more, a coupling bracket the exterior dimensions of which do not exceed 22 mm × 68 mm, a two phase winding and an output of not more than 5 W

0  %

31.12.2018

ex 8501 10 99

82

DC motor, brushless, with an external diameter of not more than 29 mm, a rated speed of 1 500 (± 15 %) rpm or 6 800 (± 15 %) rpm, a supply voltage of 2 V or 8 V

0  %

31.12.2014

ex 8501 31 00

30

DC motor, brushless, with a three-phase winding, an external diameter of 85 mm or more, but not more than 115 mm, a nominal torque of 2,23 Nm (± 1,0 Nm), of an output of more than 120 W but not more than 520 W, calculated with 1 550 rpm (± 350 rpm) at a supply voltage of 12 V equipped with electronic circuit with sensors using the Hall effect, for use with an electric power steering control module (power steering motor) (1)

0  %

31.12.2016

ex 8501 31 00

40

Permanently excited DC motor with

| — | a multiple-phase winding, |
| --- | --- |

—

a multiple-phase winding,

| — | an external diameter of 30 mm or more but not more than 80 mm, |
| --- | --- |

—

an external diameter of 30 mm or more but not more than 80 mm,

| — | a rated speed of not more than 15 000 rpm, |
| --- | --- |

—

a rated speed of not more than 15 000 rpm,

| — | an output of 45 W or more but not more than 300 W and |
| --- | --- |

—

an output of 45 W or more but not more than 300 W and

| — | a supply voltage of 9 V or more but not more than 25 V |
| --- | --- |

—

a supply voltage of 9 V or more but not more than 25 V

0  %

31.12.2014

ex 8501 31 00

45

DC motors, brushless, with:

| — | an external diameter of 90 mm or more, but not more than 110 mm, |
| --- | --- |

—

an external diameter of 90 mm or more, but not more than 110 mm,

| — | a rated speed of not more than 3 680 rpm, |
| --- | --- |

—

a rated speed of not more than 3 680 rpm,

| — | an output of 600 W or more but not more than 740 W at 2 300 rpm and at 80 °C, |
| --- | --- |

—

an output of 600 W or more but not more than 740 W at 2 300 rpm and at 80 °C,

| — | a supply voltage of 12 V, |
| --- | --- |

—

a supply voltage of 12 V,

| — | a torque of not more than 5,67 Nm, |
| --- | --- |

—

a torque of not more than 5,67 Nm,

| — | a rotor position sensor, |
| --- | --- |

—

a rotor position sensor,

| — | an electronic star-point relay, and |
| --- | --- |

—

an electronic star-point relay, and

| — | for use with an electric power steering control module |
| --- | --- |

—

for use with an electric power steering control module

0  %

31.12.2018

ex 8501 31 00

55

DC motor with commutator, with

| — | an external diameter of 27,5 mm or more, but not more than 45 mm, |
| --- | --- |

—

an external diameter of 27,5 mm or more, but not more than 45 mm,

| — | a rated speed of 11 000 rpm or more, but not more than 23 200 rpm, |
| --- | --- |

—

a rated speed of 11 000 rpm or more, but not more than 23 200 rpm,

| — | a rated supply voltage of 3.6 V or more, but not more than 230 V, |
| --- | --- |

—

a rated supply voltage of 3.6 V or more, but not more than 230 V,

| — | an output power of not more than 529 W, |
| --- | --- |

—

an output power of not more than 529 W,

| — | a free load current of not more than 3.1 A, |
| --- | --- |

—

a free load current of not more than 3.1 A,

| — | a maximum efficiency of 54 % or more, |
| --- | --- |

—

a maximum efficiency of 54 % or more,

for driving hand-held power tools

0  %

31.12.2018

ex 8501 31 00

60

Brushless DC motor that can revolve counter clockwise (CCW), with:

| — | an input voltage of 264 V or more, but not more than 391 V, |
| --- | --- |

—

an input voltage of 264 V or more, but not more than 391 V,

| — | an external diameter of 81 mm (± 2,5 mm) or more, but not more than 150 mm (± 0,8 mm), |
| --- | --- |

—

an external diameter of 81 mm (± 2,5 mm) or more, but not more than 150 mm (± 0,8 mm),

| — | an output power of not more than 125 W, |
| --- | --- |

—

an output power of not more than 125 W,

| — | E or B class winding insulation, |
| --- | --- |

—

E or B class winding insulation,

for use in the manufacture of indoor or outdoor units of split-type air conditioning machines (1)

0  %

31.12.2016

ex 8501 31 00

65

Fuel cell module containing at least polymer electrolyte membrane fuel cells in a housing with an integrated cooling system, for use in the manufacture of motor vehicle propulsion systems (1)

0  %

31.12.2018

ex 8501 31 00

70

DC motors, brushless, with:

| — | an external diameter of 80 mm or more, but not more than 100 mm, |
| --- | --- |

—

an external diameter of 80 mm or more, but not more than 100 mm,

| — | a supply voltage of 12 V, |
| --- | --- |

—

a supply voltage of 12 V,

| — | an output at 20 °C of 300 W or more, but not more than 550 W, |
| --- | --- |

—

an output at 20 °C of 300 W or more, but not more than 550 W,

| — | a torque 20 °C of 2,90 Nm or more, but not more than 5,30 Nm, |
| --- | --- |

—

a torque 20 °C of 2,90 Nm or more, but not more than 5,30 Nm,

| — | a rated speed at 20 °C of 600 rpm or more, but not more than 1 200 rpm, |
| --- | --- |

—

a rated speed at 20 °C of 600 rpm or more, but not more than 1 200 rpm,

| — | equipped with the rotor angle position sensor of resolver type or Hall effect type, |
| --- | --- |

—

equipped with the rotor angle position sensor of resolver type or Hall effect type,

of the kind used in power steering systems for cars

0  %

31.12.2017

ex 8501 33 00

ex 8501 40 80

ex 8501 53 50

30

50

10

Electric drive for motor vehicles, with an output of not more than 315 kW, with:

| — | an AC or DC motor whether or not with transmission, |
| --- | --- |

—

an AC or DC motor whether or not with transmission,

| — | power electronics |
| --- | --- |

—

power electronics

0  %

31.12.2016

ex 8501 51 00

ex 8501 52 20

30

50

AC synchronous servo motor with resolver and brake for a maximum speed of not more than 6 000 rpm, with:

| — | an output of 340 W or more but not more than 7,4 kW, |
| --- | --- |

—

an output of 340 W or more but not more than 7,4 kW,

| — | a flange of dimensions of not more than 180 mm × 180 mm, and |
| --- | --- |

—

a flange of dimensions of not more than 180 mm × 180 mm, and

| — | a length from flange to extreme end of resolver of not more than 271 mm |
| --- | --- |

—

a length from flange to extreme end of resolver of not more than 271 mm

0  %

31.12.2016

ex 8501 62 00

30

Fuel cell system

| — | consisting of at least phosphoric acid fuel cells, |
| --- | --- |

—

consisting of at least phosphoric acid fuel cells,

| — | in a housing with integrated water management and gas treatment, |
| --- | --- |

—

in a housing with integrated water management and gas treatment,

| — | for permanent, stationary energy supply |
| --- | --- |

—

for permanent, stationary energy supply

0  %

31.12.2017

ex 8503 00 91

ex 8503 00 99

31

32

Rotor, at the innerside provided with one or two magnetic rings whether or not incorporated in a steel ring

0  %

31.12.2018

ex 8503 00 99

31

Stamped collector of an electric motor, having an external diameter of not more than 16 mm

0  %

31.12.2018

ex 8503 00 99

33

Stator for brushless motor of electrical power steering with a roundness tolerance of 50 μm

0  %

31.12.2016

ex 8503 00 99

34

Rotor for brushless motor of electrical power steering with a roundness tolerance of 50 μm

0  %

31.12.2016

ex 8503 00 99

35

Transmitter resolver for brushless motors of electrical power steering

0  %

31.12.2014

ex 8503 00 99

40

Fuel cell membrane, in rolls or sheets, with a width of not more than 150 cm, of a kind used for manufacture of fuel cells in heading 8501

0  %

31.12.2017

ex 8504 31 80

20

Transformer for use in the manufacture of inverters in LCD modules (1)

0  %

31.12.2017

ex 8504 31 80

30

Switching transformers, having a power handling capacity of not more than 1 kVA for use in the manufacture of static converters (1)

0  %

31.12.2018

ex 8504 31 80

40

Electrical transformers:

| — | with a capacity of 1 kVA or less |
| --- | --- |

—

with a capacity of 1 kVA or less

| — | without plugs or cables, |
| --- | --- |

—

without plugs or cables,

for internal use in the manufacture of set top boxes and TVs (1)

0  %

31.12.2017

ex 8504 40 82

40

Printed circuit board equipped with a bridge rectifier circuit and other active and passive components:

| — | with two output connectors |
| --- | --- |

—

with two output connectors

| — | with two input connectors which are available and useable in parallel |
| --- | --- |

—

with two input connectors which are available and useable in parallel

| — | able to switch between bright and dimmed operation mode |
| --- | --- |

—

able to switch between bright and dimmed operation mode

| — | with an input voltage of 40 V (+ 25 % – 15 %) or 42 V (+ 25 % – 15 %) in bright operation mode, with an input voltage of 30 V (± 4 V) in dimmed operation mode, or |
| --- | --- |

—

with an input voltage of 40 V (+ 25 % – 15 %) or 42 V (+ 25 % – 15 %) in bright operation mode, with an input voltage of 30 V (± 4 V) in dimmed operation mode, or

| — | with an input voltage of 230 V (+ 20 % – 15 %) in bright operation mode, with an input voltage of 160 V (± 15 %) in dimmed operation mode, or |
| --- | --- |

—

with an input voltage of 230 V (+ 20 % – 15 %) in bright operation mode, with an input voltage of 160 V (± 15 %) in dimmed operation mode, or

| — | with an input voltage of 120 V (15 % – 35 %) in bright operation mode, with an input voltage of 60 V (± 20 %) in dimmed operation mode |
| --- | --- |

—

with an input voltage of 120 V (15 % – 35 %) in bright operation mode, with an input voltage of 60 V (± 20 %) in dimmed operation mode

| — | with an input current reaching 80 % of its nominal value within 20 ms |
| --- | --- |

—

with an input current reaching 80 % of its nominal value within 20 ms

| — | with an input frequency of 45 Hz or more, but not more than 65 Hz for 42 V and 230 V, and 45-70 Hz for 120 V versions |
| --- | --- |

—

with an input frequency of 45 Hz or more, but not more than 65 Hz for 42 V and 230 V, and 45-70 Hz for 120 V versions

| — | with an maximum inrush current overshoot of not more than 250 % of the input current |
| --- | --- |

—

with an maximum inrush current overshoot of not more than 250 % of the input current

| — | with a period of the inrush current overshoot of not more than 100 ms |
| --- | --- |

—

with a period of the inrush current overshoot of not more than 100 ms

| — | with an input current undershoot of not less than 50 % of the input current |
| --- | --- |

—

with an input current undershoot of not less than 50 % of the input current

| — | with a period of the inrush current undershoot of not more than 20 ms |
| --- | --- |

—

with a period of the inrush current undershoot of not more than 20 ms

| — | with a presettable output current |
| --- | --- |

—

with a presettable output current

| — | with an output current reaching 90 % of its nominal pre-set value within 50 ms |
| --- | --- |

—

with an output current reaching 90 % of its nominal pre-set value within 50 ms

| — | with an output current reaching zero within 30 ms after removal of the input voltage |
| --- | --- |

—

with an output current reaching zero within 30 ms after removal of the input voltage

| — | with an defined failure status in case of no-load or too-high load (end-of-life function) |
| --- | --- |

—

with an defined failure status in case of no-load or too-high load (end-of-life function)

0  %

31.12.2017

ex 8504 40 82

50

Rectifier in a housing with

| — | a rated power of not more than 250 W |
| --- | --- |

—

a rated power of not more than 250 W

| — | an input voltage of 90 V or more, but not more than 305 V |
| --- | --- |

—

an input voltage of 90 V or more, but not more than 305 V

| — | a certified input frequency of 47 Hz or more, but not more than 440 Hz |
| --- | --- |

—

a certified input frequency of 47 Hz or more, but not more than 440 Hz

| — | a constant current output of 350 mA or more, but not more than 15 A |
| --- | --- |

—

a constant current output of 350 mA or more, but not more than 15 A

| — | an inrush current of not more than 10 A |
| --- | --- |

—

an inrush current of not more than 10 A

| — | an operating temperature range of – 40 °C or more, but not more than + 85 °C, |
| --- | --- |

—

an operating temperature range of – 40 °C or more, but not more than + 85 °C,

| — | suitable for driving of LED-illuminants |
| --- | --- |

—

suitable for driving of LED-illuminants

0  %

31.12.2017

ex 8504 40 90

20

Direct current to direct current converter

0  %

31.12.2018

ex 8504 40 90

30

Static converter comprising a power switch with insulated-gate bipolar transistors (IGBTs), contained in a housing, for use in the manufacture of microwave ovens of subheading 8516 50 00  (1)

0  %

31.12.2018

ex 8504 40 90

40

Semiconductor power modules comprising:

| — | power transistors, |
| --- | --- |

—

power transistors,

| — | integrated circuits, |
| --- | --- |

—

integrated circuits,

| — | whether or not containing diodes and with or without thermistors, |
| --- | --- |

—

whether or not containing diodes and with or without thermistors,

| — | an operating voltage of not more than 600 V, |
| --- | --- |

—

an operating voltage of not more than 600 V,

| — | not more than three electrical outputs each containing two power switches (whether MOSFET (Metal Oxide Semiconductor Field-Effect Transistor) or IGBT (Insulated Gate Bi-polar Transistors)) and internal drives, and |
| --- | --- |

—

not more than three electrical outputs each containing two power switches (whether MOSFET (Metal Oxide Semiconductor Field-Effect Transistor) or IGBT (Insulated Gate Bi-polar Transistors)) and internal drives, and

| — | a rms (root mean square) current rating of not more than 15,7 A |
| --- | --- |

—

a rms (root mean square) current rating of not more than 15,7 A

0  %

31.12.2018

ex 8504 40 90

50

Drive unit for industrial robot with:

| — | one or six 3-phase motor outputs with maximum 3 × 32 A, |
| --- | --- |

—

one or six 3-phase motor outputs with maximum 3 × 32 A,

| — | a main power input of 220 V AC or more, but not more than 480 V AC, or 280 V DC or more, but not more than 800 V DC |
| --- | --- |

—

a main power input of 220 V AC or more, but not more than 480 V AC, or 280 V DC or more, but not more than 800 V DC

| — | a logic power input of 24 V DC, |
| --- | --- |

—

a logic power input of 24 V DC,

| — | an EtherCat communication interface, |
| --- | --- |

—

an EtherCat communication interface,

| — | and a dimension of 150 × 140 × 120 mm or more, but not more than 335 × 430 × 179 mm |
| --- | --- |

—

and a dimension of 150 × 140 × 120 mm or more, but not more than 335 × 430 × 179 mm

0  %

31.12.2018

ex 8504 40 90

60

Transfer moulded semiconductor power module comprising:

| — | power transistors, |
| --- | --- |

—

power transistors,

| — | integrated circuits, |
| --- | --- |

—

integrated circuits,

| — | whether or not containing diodes and with or without thermistors, |
| --- | --- |

—

whether or not containing diodes and with or without thermistors,

| — | a circuit configuration, |
| --- | --- |

—

a circuit configuration,

| — | either containing a direct drive stage with an operating voltage of more than 600 V, |
| --- | --- |

—

either containing a direct drive stage with an operating voltage of more than 600 V,

| — | or containing a direct drive stage with an operating voltage of not more than 600 V and a rms current of more than 15,7 A, |
| --- | --- |

—

or containing a direct drive stage with an operating voltage of not more than 600 V and a rms current of more than 15,7 A,

| — | or including one or more power factor correction modules |
| --- | --- |

—

or including one or more power factor correction modules

0  %

31.12.2018

ex 8504 50 95

20

Inductor with an inductance of not more than 62 mH

0  %

31.12.2018

ex 8504 50 95

40

Coil choke with:

| — | an inductance of 4,7 μH (± 20 %), |
| --- | --- |

—

an inductance of 4,7 μH (± 20 %),

| — | a DC resistance of not more than 0,1 Ohms, |
| --- | --- |

—

a DC resistance of not more than 0,1 Ohms,

| — | an insulation resistance of 100 MOhms or more at 500 V (DC) |
| --- | --- |

—

an insulation resistance of 100 MOhms or more at 500 V (DC)

for use in the manufacture of LCD and LED module power boards (1)

0  %

31.12.2015

ex 8504 50 95

50

Solenoid coil with

| — | a power consumption of not more than 6 W, |
| --- | --- |

—

a power consumption of not more than 6 W,

| — | an insulation resistance of more than 100 M ohms, and |
| --- | --- |

—

an insulation resistance of more than 100 M ohms, and

| — | an insert hole of 11,4 mm or more, but not more than 11,8 mm |
| --- | --- |

—

an insert hole of 11,4 mm or more, but not more than 11,8 mm

0  %

31.12.2017

ex 8504 90 11

10

Ferrite cores, other than for deflection yokes

0  %

31.12.2018

ex 8505 11 00

31

Permanent magnet having a remanence of 455 mT (± 15 mT)

0  %

31.12.2018

ex 8505 11 00

33

Permanent magnets consisting of an alloy of neodymium, iron and boron, either in the shape of a rounded rectangle with measurements of not more than 15 mm × 10 mm × 2 mm, or in the shape of a disc with a diameter of not more than 90mm, whether or not containing a hole in the centre

0  %

31.12.2018

ex 8505 11 00

35

Permanent magnets of an alloy of either neodymium, iron and boron, or samarium and cobalt coated having undergone inorganic passivation (inorganic coating) using zinc phosphate for the industrial manufacture of products in motor or sensory applications (1)

0  %

31.12.2017

ex 8505 11 00

50

Bars specifically shaped, intended to become permanent magnets after magnetization, containing neodymium, iron and boron, with dimensions:

| — | a length of 15 mm or more but not more than 52 mm, |
| --- | --- |

—

a length of 15 mm or more but not more than 52 mm,

| — | a width of 5 mm or more but not more than 42 mm, |
| --- | --- |

—

a width of 5 mm or more but not more than 42 mm,

of a kind to be used in the manufacture of electric servomotors for industrial automation

0  %

31.12.2017

ex 8505 11 00

60

Rings, tubes, bushings or collars made from an alloy of neodymium, iron and boron, with

| — | a diameter of not more than 45 mm, |
| --- | --- |

—

a diameter of not more than 45 mm,

| — | a height of not more than 45 mm, |
| --- | --- |

—

a height of not more than 45 mm,

of a kind used in the manufacture of permanent magnets after magnetisation

0  %

31.12.2017

ex 8505 11 00

70

Disc:

| — | with a diameter of not more than 90 mm, |
| --- | --- |

—

with a diameter of not more than 90 mm,

| — | whether or not containing a hole in the centre, |
| --- | --- |

—

whether or not containing a hole in the centre,

| — | consisting of an alloy of neodymium, iron and boron, covered with nickel, that after magnetisation is intended to become permanent magnet, |
| --- | --- |

—

consisting of an alloy of neodymium, iron and boron, covered with nickel, that after magnetisation is intended to become permanent magnet,

of a kind used in car loudspeakers

0  %

31.12.2018

ex 8505 11 00

80

Articles in the form of a triangle, square or rectangle, intended to become permanent magnets after magnetization, containing neodymium, iron and boron, with dimensions:

| — | a length of 15 mm or more but not more than 105 mm, |
| --- | --- |

—

a length of 15 mm or more but not more than 105 mm,

| — | a width of 5 mm or more but not more than 105 mm, |
| --- | --- |

—

a width of 5 mm or more but not more than 105 mm,

| — | a height of 3 mm or more but not more than 55 mm |
| --- | --- |

—

a height of 3 mm or more but not more than 55 mm

0  %

31.12.2018

ex 8505 19 90

30

Articles of agglomerated ferrite in the shape of a disc with a diameter of not more than 120 mm, containing a hole in the centre intended to become permanent magnets after magnetization with a remanence between 350 mT and 470 mT

0  %

31.12.2018

ex 8505 20 00

30

Electromagnetic clutch, for use in the manufacture of compressors of air conditioning machines of motor vehicles (1)

0  %

31.12.2018

ex 8505 90 20

91

Solenoid with a plunger, operating at a nominal supply voltage of 24 V at a nominal DC of 0,08 A, for use in the manufacture of products falling within heading 8517  (1)

0  %

31.12.2018

ex 8506 50 90

10

Lithium iodine single cell battery the dimensions of which do not exceed 9 mm × 23 mm × 45 mm and a voltage of not more than 2,8 V

0  %

31.12.2018

ex 8506 50 90

20

Unit consisting of not more than 2 lithium batteries embedded in a socket for integrated circuits (battery-buffered socket), with not more than 32 connections and incorporating a control circuit

0  %

31.12.2018

ex 8506 50 90

30

Lithium-iodine or lithium-silver vanadium oxide single cell battery of dimensions of not more than 28 mm × 45 mm × 15 mm and a capacity of not less than 1,05 Ah

0  %

31.12.2018

ex 8507 10 20

80

Lead acid starter battery, with:

| — | a charge acceptance capacity of 200 % or more of the level of an equivalent conventional flooded battery during the first 5 seconds of charge, |
| --- | --- |

—

a charge acceptance capacity of 200 % or more of the level of an equivalent conventional flooded battery during the first 5 seconds of charge,

| — | a liquid electrolyte, |
| --- | --- |

—

a liquid electrolyte,

for use in the manufacture of passenger cars and light commercial vehicles employing high regenerative alternator controls or start/stop systems with high regenerative alternator controls (1)

0  %

31.12.2015

ex 8507 30 20

30

Cylindrical nickel-cadmium accumulator, with a length of 65,3 mm (± 1,5 mm) and a diameter of 14,5 mm (± 1 mm), having a nominal capacity of 1 000 mAh or more, for use in the manufacture of rechargeable batteries (1)

0  %

31.12.2018

ex 8507 50 00

ex 8507 60 00

20

20

Rectangular accumulator, with a length of not more than 69 mm, a width of not more than 36 mm and a thickness of not more than 12 mm, for use in the manufacture of rechargeable batteries (1)

0  %

31.12.2018

ex 8507 50 00

30

Cylindrical nickel-hydride accumulator, of a diameter of not more than 14,5 mm, for the manufacture of rechargeable batteries (1)

0  %

31.12.2018

ex 8507 60 00

25

Rectangular modules for incorporation in lithium-ion rechargeable batteries, with:

| — | a width of 352,5 mm (± 1 mm) or 367,1 mm (± 1mm) |
| --- | --- |

—

a width of 352,5 mm (± 1 mm) or 367,1 mm (± 1mm)

| — | a depth of 300 mm (± 2 mm) or 272,6 mm (± 1 mm) |
| --- | --- |

—

a depth of 300 mm (± 2 mm) or 272,6 mm (± 1 mm)

| — | a height of 268,9 mm (± 1,4 mm) or 229,5 mm (± 1mm) |
| --- | --- |

—

a height of 268,9 mm (± 1,4 mm) or 229,5 mm (± 1mm)

| — | a weight of 45,9 kg or 46,3 kg |
| --- | --- |

—

a weight of 45,9 kg or 46,3 kg

| — | a rating of 75 Ah and |
| --- | --- |

—

a rating of 75 Ah and

| — | a nominal voltage of 60 V |
| --- | --- |

—

a nominal voltage of 60 V

0  %

31.12.2017

ex 8507 60 00

30

Cylindrical lithium-ion accumulator, with a length of 63 mm or more and a diameter of 17,2 mm or more, having a nominal capacity of 1 200 mAh or more, for use in the manufacture of rechargeable batteries (1)

0  %

31.12.2014

ex 8507 60 00

35

Lithium-ion rechargeable batteries, with:

| — | a length of 1 475  mm or more, but not more than 2 200  mm |
| --- | --- |

—

a length of 1 475  mm or more, but not more than 2 200  mm

| — | a width of 935 mm or more, but not more than 1 400  mm |
| --- | --- |

—

a width of 935 mm or more, but not more than 1 400  mm

| — | a height of 260 mm or more, but not more than 310 mm |
| --- | --- |

—

a height of 260 mm or more, but not more than 310 mm

| — | a weight of 320 kg or more, but not more than 390 kg |
| --- | --- |

—

a weight of 320 kg or more, but not more than 390 kg

| — | a nominal capacity of 18,4 Ah or more, but not more than 130 Ah, |
| --- | --- |

—

a nominal capacity of 18,4 Ah or more, but not more than 130 Ah,

| — | put up in packs of 12 or 16 modules |
| --- | --- |

—

put up in packs of 12 or 16 modules

0  %

31.12.2017

ex 8507 60 00

40

Batteries of ion-lithium electric accumulators rechargeable with:

| — | a length of 1 203  mm or more, but not more than 1 297  mm, |
| --- | --- |

—

a length of 1 203  mm or more, but not more than 1 297  mm,

| — | a width of 282 mm or more, but not more than 772 mm, |
| --- | --- |

—

a width of 282 mm or more, but not more than 772 mm,

| — | a height of 792 mm or more, but not more than 839 mm, |
| --- | --- |

—

a height of 792 mm or more, but not more than 839 mm,

| — | a weight of 260 kg or more, but not more than 293 kg, |
| --- | --- |

—

a weight of 260 kg or more, but not more than 293 kg,

| — | power of 22 kWh or 26 kWh, and |
| --- | --- |

—

power of 22 kWh or 26 kWh, and

| — | constituted of 24 or 48 modules |
| --- | --- |

—

constituted of 24 or 48 modules

0  %

31.12.2017

ex 8507 60 00

50

Modules for the assembly of batteries of ion lithium electric accumulators with:

| — | a length of 298 mm or more, but not more than 408 mm, |
| --- | --- |

—

a length of 298 mm or more, but not more than 408 mm,

| — | a width of 33,5 mm or more, but not more than 209 mm, |
| --- | --- |

—

a width of 33,5 mm or more, but not more than 209 mm,

| — | a height of 138 mm or more, but not more than 228 mm, |
| --- | --- |

—

a height of 138 mm or more, but not more than 228 mm,

| — | a weight of 3,6 kg or more, but not more than 17 kg, and |
| --- | --- |

—

a weight of 3,6 kg or more, but not more than 17 kg, and

| — | a power of 458 kWh or more, but not more than 2 158 kWh |
| --- | --- |

—

a power of 458 kWh or more, but not more than 2 158 kWh

0  %

31.12.2017

ex 8507 60 00

55

Lithium-ion accumulator in cylindrical form, with:

| — | a base similar to an ellipse squeezed in the middle, |
| --- | --- |

—

a base similar to an ellipse squeezed in the middle,

| — | a length of 49 mm or more (not including terminals), |
| --- | --- |

—

a length of 49 mm or more (not including terminals),

| — | a width of 33,5 mm or more, |
| --- | --- |

—

a width of 33,5 mm or more,

| — | a thickness of 9,9 mm or more, |
| --- | --- |

—

a thickness of 9,9 mm or more,

| — | a rated capacity of 1,75 Ah or more, and |
| --- | --- |

—

a rated capacity of 1,75 Ah or more, and

| — | a rated voltage of 3,7 V, |
| --- | --- |

—

a rated voltage of 3,7 V,

for the manufacture of rechargeable batteries (1)

0  %

31.12.2017

ex 8507 60 00

57

Lithium-ion accumulator, cuboid in shape, with:

| — | some of the corners rounded off, |
| --- | --- |

—

some of the corners rounded off,

| — | a length of 76 mm or more (not including terminals), |
| --- | --- |

—

a length of 76 mm or more (not including terminals),

| — | a width of 54,5 mm or more, |
| --- | --- |

—

a width of 54,5 mm or more,

| — | a thickness of 5,2 mm or more, |
| --- | --- |

—

a thickness of 5,2 mm or more,

| — | a rated capacity of 3 100 mAh or more, and |
| --- | --- |

—

a rated capacity of 3 100 mAh or more, and

| — | a rated voltage of 3,7 V, |
| --- | --- |

—

a rated voltage of 3,7 V,

for the manufacture of rechargeable batteries (1)

0  %

31.12.2017

ex 8507 60 00

60

Lithium-ion rechargeable batteries, with:

| — | a length of 1 213  mm or more, but not more than 1 575  mm, |
| --- | --- |

—

a length of 1 213  mm or more, but not more than 1 575  mm,

| — | a width of 245 mm or more but not more than 1 200  mm, |
| --- | --- |

—

a width of 245 mm or more but not more than 1 200  mm,

| — | a height of 265 mm or more, but not more than 755 mm, |
| --- | --- |

—

a height of 265 mm or more, but not more than 755 mm,

| — | a weight of 265 kg or more but not more than 294 kg, |
| --- | --- |

—

a weight of 265 kg or more but not more than 294 kg,

| — | a nominal capacity of 66,6 Ah, |
| --- | --- |

—

a nominal capacity of 66,6 Ah,

put up in packs of 48 modules

0  %

31.12.2015

ex 8507 60 00

65

Cylindrical Lithium Ion Cell with

| — | 3,5 VDC to 3,8 VDC, |
| --- | --- |

—

3,5 VDC to 3,8 VDC,

| — | 300 mAh to 900 mAh and |
| --- | --- |

—

300 mAh to 900 mAh and

| — | a diameter of 10,0 mm to 14,5 mm |
| --- | --- |

—

a diameter of 10,0 mm to 14,5 mm

0  %

31.12.2016

ex 8507 60 00

70

Rectangular modules for incorporation in lithium-ion rechargeable batteries:

| — | of a length of 350 mm or 312 mm, |
| --- | --- |

—

of a length of 350 mm or 312 mm,

| — | of a width of 79,8 mm or 225 mm, |
| --- | --- |

—

of a width of 79,8 mm or 225 mm,

| — | of a height of 168 mm or 35 mm, |
| --- | --- |

—

of a height of 168 mm or 35 mm,

| — | of a weight of 6,2 kg or 3,95 kg, |
| --- | --- |

—

of a weight of 6,2 kg or 3,95 kg,

| — | with a rating of 129 Ah or 66,6 Ah |
| --- | --- |

—

with a rating of 129 Ah or 66,6 Ah

0  %

31.12.2015

ex 8507 60 00

75

Rectangular lithium-ion-accumulator, with

| — | a metal casing, |
| --- | --- |

—

a metal casing,

| — | a length of 173 mm (± 0,15 mm), |
| --- | --- |

—

a length of 173 mm (± 0,15 mm),

| — | a width of 21 mm (± 0,1 mm), |
| --- | --- |

—

a width of 21 mm (± 0,1 mm),

| — | a height of 91 mm (± 0,15 mm), |
| --- | --- |

—

a height of 91 mm (± 0,15 mm),

| — | a nominal voltage of 3,3 V and, |
| --- | --- |

—

a nominal voltage of 3,3 V and,

| — | a nominal capacity of 21 Ah or more |
| --- | --- |

—

a nominal capacity of 21 Ah or more

0  %

31.12.2016

ex 8507 60 00

80

Rectangular lithium-ion-accumulator, with

| — | a metal casing, |
| --- | --- |

—

a metal casing,

| — | a length of 171 mm (± 3 mm), |
| --- | --- |

—

a length of 171 mm (± 3 mm),

| — | a width of 45,5 mm (± 1 mm), |
| --- | --- |

—

a width of 45,5 mm (± 1 mm),

| — | a height of 115 mm (± 1 mm), |
| --- | --- |

—

a height of 115 mm (± 1 mm),

| — | a nominal voltage of 3,75 V and |
| --- | --- |

—

a nominal voltage of 3,75 V and

| — | a nominal capacity of 50 Ah |
| --- | --- |

—

a nominal capacity of 50 Ah

for use in the manufacture of rechargeable batteries for motor vehicles (1)

0  %

31.12.2015

ex 8507 90 80

70

Cut plate of nickel-plated copper foil, with:

| — | a width of 70 mm (± 5 mm), |
| --- | --- |

—

a width of 70 mm (± 5 mm),

| — | a thickness of 0,4 mm (± 0,2 mm), |
| --- | --- |

—

a thickness of 0,4 mm (± 0,2 mm),

| — | a length of not more than 55 mm, |
| --- | --- |

—

a length of not more than 55 mm,

for use in the manufacture of lithium-ion electric vehicle batteries (1)

0  %

31.12.2016

ex 8508 70 00

ex 8537 10 99

10

96

Electronic circuit card without separate housing for actuating and controlling vacuum cleaner brushes powered by not more than 300 W

0  %

31.12.2015

ex 8508 70 00

ex 8537 10 99

20

98

Electronic circuit cards that:

| — | are connected by wire or radio frequency to each other and the motor controller card, and |
| --- | --- |

—

are connected by wire or radio frequency to each other and the motor controller card, and

| — | regulate the functioning (switching on or off and suction capacity) of vacuum cleaners according to a stored program, |
| --- | --- |

—

regulate the functioning (switching on or off and suction capacity) of vacuum cleaners according to a stored program,

| — | whether or not fitted with indicators that display the functioning of the vacuum cleaner (suction capacity and/or dust bag full and/or filter full) |
| --- | --- |

—

whether or not fitted with indicators that display the functioning of the vacuum cleaner (suction capacity and/or dust bag full and/or filter full)

0  %

31.12.2015

ex 8512 40 00

ex 8516 80 20

10

20

Car door mirror heating foil:

| — | with two electrical contacts, |
| --- | --- |

—

with two electrical contacts,

| — | with an adhesive layer on both sides (on the side of the plastic holder of the mirror and on the side of the mirror glass), |
| --- | --- |

—

with an adhesive layer on both sides (on the side of the plastic holder of the mirror and on the side of the mirror glass),

| — | with a protective paper film on both sides |
| --- | --- |

—

with a protective paper film on both sides

0  %

31.12.2018

ex 8516 90 00

60

Ventilation sub-assembly of an electric deep-fat fryer:

| — | fitted with a motor having a power rating of 8 W at 4 600 rpm, |
| --- | --- |

—

fitted with a motor having a power rating of 8 W at 4 600 rpm,

| — | governed by an electronic circuit, |
| --- | --- |

—

governed by an electronic circuit,

| — | operating at ambient temperatures above 110 °C, |
| --- | --- |

—

operating at ambient temperatures above 110 °C,

| — | fitted with a thermoregulator |
| --- | --- |

—

fitted with a thermoregulator

0  %

31.12.2014

ex 8516 90 00

70

Inner pot:

| — | containing side and central openings, |
| --- | --- |

—

containing side and central openings,

| — | of annealed aluminium, |
| --- | --- |

—

of annealed aluminium,

| — | with a ceramic coating, heat resistant to more than 200 °C |
| --- | --- |

—

with a ceramic coating, heat resistant to more than 200 °C

for use in the manufacture of an electric fryer (1)

0  %

31.12.2017

ex 8518 29 95

30

Loudspeakers of:

| — | an impedance of 4 Ohm or more, but not more than 16 Ohm, |
| --- | --- |

—

an impedance of 4 Ohm or more, but not more than 16 Ohm,

| — | a nominal power of 2 W or more, but not more than 20 W, |
| --- | --- |

—

a nominal power of 2 W or more, but not more than 20 W,

| — | with or without plastic bracket, and |
| --- | --- |

—

with or without plastic bracket, and

| — | with or without electric cable fitted with connectors, |
| --- | --- |

—

with or without electric cable fitted with connectors,

of a kind used for TV sets and video monitors manufacture

0  %

31.12.2017

ex 8518 30 95

20

Headphone and earphone for hearing aids, contained in a housing the exterior dimensions of which, excluding connecting points, do not exceed 5 mm × 6 mm × 8 mm

0  %

31.12.2018

ex 8518 40 80

91

Circuit board sub-assembly, comprising digital audio signal decoding, audio signal processing and amplification with dual and/or multi-channel functionality

0  %

31.12.2014

ex 8518 40 80

92

Circuit board sub-assembly, comprising power supply, active equalizer and power amplifier circuits

0  %

31.12.2015

ex 8518 90 00

91

Integrally cold-upsetted steel coreplate, in the form of a disk on one side provided with a cylinder, for use in the manufacture of loudspeakers (1)

0  %

31.12.2018

ex 8521 90 00

20

Digital video recorder:

| — | without a hard disk drive, |
| --- | --- |

—

without a hard disk drive,

| — | with or without a DVD-RW drive, |
| --- | --- |

—

with or without a DVD-RW drive,

| — | with either motion detection or capability of motion detection through IP connectivity via LAN connector |
| --- | --- |

—

with either motion detection or capability of motion detection through IP connectivity via LAN connector

| — | with or without a USB serial port, |
| --- | --- |

—

with or without a USB serial port,

for use in the manufacture of Closed-circuit television (CCTV) surveillance systems (1)

0  %

31.12.2014

ex 8522 90 49

50

Electronic assembly for a laser read-head of a compact disc player, comprising:

| — | a printed circuit, |
| --- | --- |

—

a printed circuit,

| — | a photo-detector, in the form of a monolithic integrated circuit, contained in a housing, |
| --- | --- |

—

a photo-detector, in the form of a monolithic integrated circuit, contained in a housing,

| — | not more than 3 connectors, |
| --- | --- |

—

not more than 3 connectors,

| — | not more than 1 transistor, |
| --- | --- |

—

not more than 1 transistor,

| — | not more than 3 variable and 4 fixed resistors, |
| --- | --- |

—

not more than 3 variable and 4 fixed resistors,

| — | not more than 5 capacitors, |
| --- | --- |

—

not more than 5 capacitors,

the whole mounted on a support

0  %

31.12.2018

ex 8522 90 49

ex 8527 99 00

ex 8529 90 65

60

10

25

Printed circuit board assembly comprising:

| — | a radio tuner (capable of receiving and decoding radio signals and transmitting those signals within the assembly) without signal processing capabilities, |
| --- | --- |

—

a radio tuner (capable of receiving and decoding radio signals and transmitting those signals within the assembly) without signal processing capabilities,

| — | a microprocessor capable of receiving remote control messages and controlling the tuner chipset, |
| --- | --- |

—

a microprocessor capable of receiving remote control messages and controlling the tuner chipset,

for use in the manufacture of home entertainment systems (1)

0  %

31.12.2014

ex 8522 90 49

ex 8527 99 00

ex 8529 90 65

65

20

40

Printed circuit board subassembly, comprising:

| — | a radio tuner, capable of receiving and decoding radio signals and transmitting those signals within the assembly, with a signal decoder, |
| --- | --- |

—

a radio tuner, capable of receiving and decoding radio signals and transmitting those signals within the assembly, with a signal decoder,

| — | a radio frequency (RF) remote control receiver, |
| --- | --- |

—

a radio frequency (RF) remote control receiver,

| — | an infrared remote control signal transmitter, |
| --- | --- |

—

an infrared remote control signal transmitter,

| — | a SCART signal generator |
| --- | --- |

—

a SCART signal generator

| — | a TV state sensor |
| --- | --- |

—

a TV state sensor

for use in the manufacture of home entertainment systems (1)

0  %

31.12.2014

ex 8522 90 49

70

Assembly, comprising at least a flexible printed circuit, a laser driver integrated circuit and a signal converter integrated circuit

0  %

31.12.2018

ex 8522 90 80

15

Heat sinks and cooling fins of aluminium, for maintaining the operating temperature of transistors and/or integrated circuits in products of heading 8521

0  %

31.12.2017

ex 8522 90 80

ex 8529 90 92

30

30

Holder, fixing item or internal stiffener of metal, for use in the manufacture of televisions, monitors and video players (1)

0  %

31.12.2016

ex 8522 90 80

65

Assembly for optical discs, comprising at least an optical unit and DC motors, whether or not capable of double layer recording

0  %

31.12.2018

ex 8522 90 80

70

Video tape recording/reproducing assembly comprising at least a motor and a printed circuit board containing integrated circuits with driver or control functions, whether or not incorporating a transformer, for use in the manufacture of products falling within heading 8521  (1)

0  %

31.12.2018

ex 8522 90 80

75

Optical reading head for CD player, consisting of one laser diode, one photo detector integrated circuit and one beam splitter

0  %

31.12.2018

ex 8522 90 80

80

Laser optical drive unit assembly (so called mecha units) for the recording and/or reproduction of digital video and/or audio signals, comprising at least a laser optical reading and/or writing unit, one or more DC motors and not containing a printed circuit board or containing a printed circuit board not capable of signal processing for sounds and images, for use in the manufacture of products falling within headings 8519 , 8521 , 8526 , 8527 , 8528 or 8543  (1)

0  %

31.12.2018

ex 8522 90 80

81

Laser optical pick up unit for the reproduction of optical signals from CD or DVD and the recording of optical signal on DVD, comprising at least

| — | a laser diode, |
| --- | --- |

—

a laser diode,

| — | a laser driver integrated circuit, |
| --- | --- |

—

a laser driver integrated circuit,

| — | a photo detector integrated circuit, |
| --- | --- |

—

a photo detector integrated circuit,

| — | a front monitor integrated circuit and an actuator, |
| --- | --- |

—

a front monitor integrated circuit and an actuator,

for use in the manufacture of products falling within heading 8521  (1)

0  %

31.12.2016

ex 8522 90 80

83

Blu-ray optical pick-up unit, whether or not recordable, for use with Blu-ray, DVD and CD discs, comprising at least:

| — | laser diodes operating at three different wavelengths, |
| --- | --- |

—

laser diodes operating at three different wavelengths,

| — | a photo detector integrated circuit and |
| --- | --- |

—

a photo detector integrated circuit and

| — | an actuator, |
| --- | --- |

—

an actuator,

for the manufacture of products falling within heading 8521  (1)

0  %

31.12.2018

ex 8522 90 80

84

Blu-ray drive mechanism, whether or not recordable, for use with Blu-ray, DVD and CD discs, comprising at least:

| — | an optical pick up unit with laser diodes operating at three different wavelengths, |
| --- | --- |

—

an optical pick up unit with laser diodes operating at three different wavelengths,

| — | a spindle motor, |
| --- | --- |

—

a spindle motor,

| — | a stepping motor |
| --- | --- |

—

a stepping motor

0  %

31.12.2018

ex 8522 90 80

85

Video head drum, with video heads or with video and audio heads and an electric motor, for use in the manufacture of products falling within heading 8521  (1)

0  %

31.12.2018

ex 8522 90 80

96

Hard disk drive, for incorporation in products of heading 8521  (1)

0  %

31.12.2017

ex 8522 90 80

ex 8529 90 65

97

50

Tuner transforming high-frequency signals into mid-frequency signals, for use in the manufacture of products falling under headings 8521 and 8528  (1)

0  %

31.12.2016

ex 8525 80 19

20

Assembly for television cameras of dimensions of not more than 10 mm × 15 mm × 18 mm, comprising an image sensor, an objective and a color processor, having an image resolution of not more than 1 024 × 1 280 pixels, whether or not fitted with cable and/or housing, for the manufacture of goods of subheading 8517 12 00  (1)

0  %

31.12.2018

ex 8525 80 19

25

Long wavelength infrared camera (LWIR camera) (according to ISO/TS 16949), with:

| — | a sensitivity in the wavelength area of 8 μm or more, but not more than 14 μm, |
| --- | --- |

—

a sensitivity in the wavelength area of 8 μm or more, but not more than 14 μm,

| — | a resolution of 324 × 256 pixels, |
| --- | --- |

—

a resolution of 324 × 256 pixels,

| — | a weight of not more than 400 g, |
| --- | --- |

—

a weight of not more than 400 g,

| — | measurements of not more than 70 mm × 67 mm × 75 mm, |
| --- | --- |

—

measurements of not more than 70 mm × 67 mm × 75 mm,

| — | a waterproof housing and an automotive- qualified plug and |
| --- | --- |

—

a waterproof housing and an automotive- qualified plug and

| — | a deviation of the output signal over the entire work temperature range of not more than 20 % |
| --- | --- |

—

a deviation of the output signal over the entire work temperature range of not more than 20 %

0  %

31.12.2014

ex 8525 80 19

ex 8525 80 91

31

10

Closed circuit television (CCTV) camera:

| — | of a weight of not more than 5,9 kg, |
| --- | --- |

—

of a weight of not more than 5,9 kg,

| — | without a housing, |
| --- | --- |

—

without a housing,

| — | of dimensions of not more than 405 mm × 315 mm, |
| --- | --- |

—

of dimensions of not more than 405 mm × 315 mm,

| — | with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor, |
| --- | --- |

—

with a single Charge-Couple-Device (CCD) or Complementary Metal–Oxide–Semiconductor (CMOS) sensor,

| — | with effective pixels of not more than 5 megapixels, |
| --- | --- |

—

with effective pixels of not more than 5 megapixels,

for use in CCTV surveillance systems (1)

0  %

01.07.2014

ex 8525 80 19

35

Image scanning cameras, using:

| — | a „Dynamic overlay lines“ system, |
| --- | --- |

—

a „Dynamic overlay lines“ system,

| — | an output NTSC video signal, |
| --- | --- |

—

an output NTSC video signal,

| — | a voltage of 6,5 V, |
| --- | --- |

—

a voltage of 6,5 V,

| — | an illuminance of 0,5 lux or more |
| --- | --- |

—

an illuminance of 0,5 lux or more

0  %

31.12.2014

ex 8525 80 19

40

Assembly for cameras used in computer notebooks of dimensions of not more than 15 mm × 25 mm × 25 mm, comprising an image sensor, an objective and a colour processor, having an image resolution of not more than 1 600 × 1 200 pixels, whether or not fitted with cable and/or housing, whether or not mounted on a base and containing a LED chip (1)

0  %

31.12.2016

ex 8525 80 19

45

Camera module with a resolution of 1 280 * 720 P HD, with two microphones, for use in the manufacture of products of heading 8528  (1)

0  %

31.12.2017

ex 8526 91 20

ex 8527 29 00

80

10

Integrated audio module (IAM) with a digital video output for connection to an LCD touch screen monitor, interfaced over the Media Oriented Systems Transport (MOST) network and transported over the MOST High protocol, with or without

| — | a printed circuit board (PCB) containing a Global Positioning System (GPS) receiver, a gyroscope, and a Traffic Message Channel (TMC) tuner, |
| --- | --- |

—

a printed circuit board (PCB) containing a Global Positioning System (GPS) receiver, a gyroscope, and a Traffic Message Channel (TMC) tuner,

| — | a hard disk drive supporting multiple maps, |
| --- | --- |

—

a hard disk drive supporting multiple maps,

| — | a HD radio, |
| --- | --- |

—

a HD radio,

| — | a voice recognition system, |
| --- | --- |

—

a voice recognition system,

| — | a CD and DVD drive, |
| --- | --- |

—

a CD and DVD drive,

and including

| — | Bluetooth, MP3 and USB input connectivity, |
| --- | --- |

—

Bluetooth, MP3 and USB input connectivity,

| — | a voltage of 10 V or more but not more than 16 V, |
| --- | --- |

—

a voltage of 10 V or more but not more than 16 V,

for the use in the manufacture of vehicles in Chapter 87 (1)

0  %

31.12.2015

ex 8527 91 99

ex 8529 90 65

10

35

Assembly consisting of at least:

| — | an audio frequency amplifier unit, comprising at least an audio frequency amplifier and a sound generator, |
| --- | --- |

—

an audio frequency amplifier unit, comprising at least an audio frequency amplifier and a sound generator,

| — | a transformer and |
| --- | --- |

—

a transformer and

| — | a radio broadcast receiver |
| --- | --- |

—

a radio broadcast receiver

0  %

31.12.2014

ex 8528 49 10

10

Video monitor comprising:

| — | a flat screen monochrome cathode-ray tube with a diagonal measurement of the screen of not more than 110 mm and equipped with a deflector yoke, and |
| --- | --- |

—

a flat screen monochrome cathode-ray tube with a diagonal measurement of the screen of not more than 110 mm and equipped with a deflector yoke, and

| — | a printed circuit on which are mounted a deflection unit, a video-amplifier and a transformer, |
| --- | --- |

—

a printed circuit on which are mounted a deflection unit, a video-amplifier and a transformer,

the whole mounted or not on a chassis, for the manufacture of video entry-phones, video telephones or surveillance apparatus (1)

0  %

31.12.2018

ex 8528 59 70

10

Liquid crystal display colour video monitors, excluding those combined with other apparatus, having a DC input voltage of 7 V or more but not more than 30 V, with a diagonal measurement of the screen of 33,2 cm or less,

| — | without a housing, with back cover and mounting frame, |
| --- | --- |

—

without a housing, with back cover and mounting frame,

| — | or with a housing, |
| --- | --- |

—

or with a housing,

used for permanent incorporation or permanent mounting, during industrial assembly, into goods of Chapters 84 to 90 and 94 (1)

0  %

30.06.2014

ex 8529 10 80

20

Ceramic filter package comprising 2 ceramic filters and 1 ceramic resonator for a frequency of 10,7 MHz (± 30 kHz), contained in a housing

0  %

31.12.2018

ex 8529 10 80

50

Ceramic filter for a centre frequency of 450 kHz (± 1,5 kHz) or 455 kHz (± 1,5 kHz), with a bandwidth of not more than 30 kHz at 6 dB and not more than 70 kHz at 40 dB, contained in a housing

0  %

31.12.2018

ex 8529 10 80

60

Filters, excluding surface acoustic wave filters, for a center frequency of 485 MHz or more but not more than 1 990  MHz with an insertion loss of not more than 3,5 dB, contained in a housing

0  %

31.12.2018

ex 8529 90 65

ex 8548 90 90

30

44

Parts of TV-apparatus, having micro-processor and video-processor functions, comprising at least a micro-controller and a video-processor, mounted on a leadframe and contained in a plastic housing

0  %

31.12.2018

ex 8529 90 65

45

Satellite radio receiver module transforming satellite high frequency signals to digital audio coded signal, for use in the manufacture of products falling within heading 8527  (1)

0  %

31.12.2014

ex 8529 90 65

55

Ambient light LED board to be incorporated in goods of heading 8528  (1)

0  %

31.12.2015

ex 8529 90 65

60

Tuner transforming high frequency signals to mid frequency signals for use in the manufacture of satellite or terrestrial TV receivers for set-top boxes (1)

0  %

31.12.2016

ex 8529 90 65

65

Printed circuit board for distributing supply voltage and control signals directly to a control circuit on a TFT glass panel of a LCD module

0  %

31.12.2015

ex 8529 90 65

70

Unit driver consisting of an electronic integrated circuit and a flexible printed circuit, for use in the manufacture of LCD modules (1)

0  %

31.12.2016

ex 8529 90 65

75

Modules comprising at least semiconductor chips for:

| — | the generation of driving signals for pixel addressing, or |
| --- | --- |

—

the generation of driving signals for pixel addressing, or

| — | driving addressing pixels |
| --- | --- |

—

driving addressing pixels

0  %

31.12.2017

ex 8529 90 92

25

LCD modules, not combined with touch screen facilities, solely consisting of:

| — | one or more TFT glass or plastic cells, |
| --- | --- |

—

one or more TFT glass or plastic cells,

| — | a die cast heat sink, |
| --- | --- |

—

a die cast heat sink,

| — | a backlight unit, |
| --- | --- |

—

a backlight unit,

| — | one printed circuit board with micro controller, and |
| --- | --- |

—

one printed circuit board with micro controller, and

| — | LVDS (Low Voltage Differential Signalling) interface, |
| --- | --- |

—

LVDS (Low Voltage Differential Signalling) interface,

for use in the manufacture of radios for motor vehicles (1)

0  %

31.12.2015

ex 8529 90 92

32

Optical unit for video projection, comprising a colour separation system, a positioning mechanism and lenses, for use in the manufacture of products falling within heading 8528  (1)

0  %

31.12.2018

ex 8529 90 92

40

Assembly comprising prisms, digital micromirror device (DMD) chips and electronic control circuits, for the manufacture of television projection equipments or video projectors (1)

0  %

31.12.2018

ex 8529 90 92

41

Digital micromirror device (DMD)-chips, for use in the manufacture of video projectors (1)

0  %

31.12.2018

ex 8529 90 92

42

Heat sinks and cooling fins of aluminium, for maintaining the operating temperature of transistors and integrated circuits in television sets (1)

0  %

31.12.2018

ex 8529 90 92

43

Plasma display module incorporating only address and display electrodes, with or without driver and/or control electronics for pixel address only and with or without a power supply

0  %

31.12.2018

ex 8529 90 92

44

LCD modules, solely consisting of one or more TFT glass or plastic cells, not combined with touch screen facilities, with or without backlight unit, with or without inverters and one or more printed circuit boards with control electronics for pixel addressing only

0  %

31.12.2018

ex 8529 90 92

45

Integrated circuit package with TV reception functionality containing a channel decoder die, tuner die, power management die, GSM filters and discrete as well as embedded passive circuit elements for reception of digitally broadcasting videosignals of DVB-T and DVB-H formats

0  %

31.12.2018

ex 8529 90 92

47

Area image sensors ("progressive scan" Interline CCD-Sensor or CMOS-Sensor) for digital video cameras in the form of analogue or digital, monolithic integrated circuit with pixels of not more than 12 μm × 12 μm in monochromic version with microlenses applied to each individual pixel (microlens array) or in polychromic version with a colour filter, whether or not with a lenslet (micro lens) array with one lenslet mounted on each individual pixel

0  %

31.12.2014

ex 8529 90 92

48

Aluminium die cast heat sink, for maintaining the operating temperature of transistors and integrated circuits, for use in the manufacture of products falling within heading 8527  (1)

0  %

31.12.2014

ex 8529 90 92

ex 8536 69 90

49

83

AC socket with a noise filter, composed of:

| — | AC socket (for power cord connection) of 230 V, |
| --- | --- |

—

AC socket (for power cord connection) of 230 V,

| — | integrated noise filter composed of capacitors and inductors, |
| --- | --- |

—

integrated noise filter composed of capacitors and inductors,

| — | cable connector for connecting an AC socket with the PDP (Plasma display panel) power supply unit, |
| --- | --- |

—

cable connector for connecting an AC socket with the PDP (Plasma display panel) power supply unit,

whether or not equipped with a metal support, which joins the AC socket to the PDP TV set

0  %

31.12.2014

ex 8529 90 92

50

Colour LCD display panel for LCD monitors of heading 8528 :

| — | with a diagonal measurement of the screen of 14,48 cm or more but not more than 31,24 cm, |
| --- | --- |

—

with a diagonal measurement of the screen of 14,48 cm or more but not more than 31,24 cm,

| — | with backlight, micro-controller, |
| --- | --- |

—

with backlight, micro-controller,

| — | with a CAN (Controller area network)-controller with LVDS (Low-voltage differential signalling) interface and CAN/power supply socket or with an APIX (Automotive Pixel Link) controller with APIX interface, |
| --- | --- |

—

with a CAN (Controller area network)-controller with LVDS (Low-voltage differential signalling) interface and CAN/power supply socket or with an APIX (Automotive Pixel Link) controller with APIX interface,

| — | in a housing with or without a heat sink at the back of the housing, |
| --- | --- |

—

in a housing with or without a heat sink at the back of the housing,

| — | without a signal-processing module, |
| --- | --- |

—

without a signal-processing module,

for use in the manufacture of vehicles of chapter 87 (1)

0  %

31.12.2015

ex 8529 90 92

70

Rectangular fastening and covering frame:

| — | of an aluminium alloy containing silicon and magnesium, |
| --- | --- |

—

of an aluminium alloy containing silicon and magnesium,

| — | with a length of 900 mm or more but not more than 1 500  mm, |
| --- | --- |

—

with a length of 900 mm or more but not more than 1 500  mm,

| — | with a width of 600 mm or more but not more than 950 mm, |
| --- | --- |

—

with a width of 600 mm or more but not more than 950 mm,

of a kind used for the production of TV sets

0  %

31.12.2017

ex 8531 80 95

40

Electro-accoustic transducer

0  %

31.12.2018

ex 8535 90 00

20

Printed circuit board in the form of plates consisting of isolating material with electrical connections and solder points, for use in the manufacture of back light units for LCD modules (1)

0  %

31.12.2018

ex 8535 90 00

ex 8536 50 80

30

83

Semiconductor module switch in a casing:

| — | consisting of an IGBT transistor chip and a diode chip on one or more lead frames, |
| --- | --- |

—

consisting of an IGBT transistor chip and a diode chip on one or more lead frames,

| — | for a voltage of 600 V or 1 200 V |
| --- | --- |

—

for a voltage of 600 V or 1 200 V

0  %

31.12.2015

ex 8536 30 30

11

Thermo-electric switch with a cut-off current of 50 A or more, comprising a snap action switch, for direct mounting on an electric motor coil, contained in a hermetically sealed housing

0  %

31.12.2018

ex 8536 49 00

91

Thermal relays contained in a hermetically sealed glass cartridge of not more than 35 mm in length excluding wires, with a maximum leakage rate of 10–6 cm3 He/sec at one bar in the temperature range 0 °C to 160 °C, to be incorporated into compressors for refrigerating equipment (1)

0  %

31.12.2018

ex 8536 50 11

31

Switch of the printed circuit mount type, operating at a force of 4,9 N (± 0,9 N), contained in a housing

0  %

31.12.2018

ex 8536 50 11

32

Mechanical tact switch for connecting electronic circuits, operating at a voltage of not more than 60V and at a current strength of not more than 50mA, for use in the manufacture of products of headings 8521 or 8528  (1)

0  %

31.12.2018

ex 8536 50 19

91

Hall effect switch, comprising 1 magnet, 1 Hall effect sensor and 2 capacitors, contained in a housing with 3 connections

0  %

31.12.2018

ex 8536 50 19

ex 8536 50 80

93

97

Devices, having adjustable controller and switching functions, comprising one ore more monolithic integrated circuits whether or not combined with semiconductor elements, mounted together on a leadframe and contained in a plastic housing

0  %

31.12.2018

ex 8536 50 80

81

Mechanical speed governer switches for connecting electrical circuits, with:

| — | a voltage of 240 V or more but not more than 250 V, |
| --- | --- |

—

a voltage of 240 V or more but not more than 250 V,

| — | an amperage of 4 A or more but not more than 6 A, |
| --- | --- |

—

an amperage of 4 A or more but not more than 6 A,

for use in the manufacture of machines falling within heading 8467  (1)

0  %

31.12.2014

ex 8536 50 80

82

Mechanical switches for connecting electrical circuits, with:

| — | a voltage of 240 V or more but not more than 300 V, |
| --- | --- |

—

a voltage of 240 V or more but not more than 300 V,

| — | an amperage of 3 A or more but not more than 15 A, |
| --- | --- |

—

an amperage of 3 A or more but not more than 15 A,

for use in the manufacture of machines falling within heading 8467  (1)

0  %

31.12.2014

ex 8536 50 80

93

Switch unit for coaxial cable, comprising 3 electromagnetic switches, with a switching time of not more than 50 ms and an actuating current of not more than 500 mA at a voltage of 12 V

0  %

31.12.2018

ex 8536 50 80

98

Mechanical push-button switch for connecting electronic circuits, operating at a voltage of 220 V or more but not more than 250 V and at a current strength of not more than 5 A, for use in the manufacture of products of headings 8521 or 8528  (1)

0  %

31.12.2018

ex 8536 69 90

51

SCART type connectors, built into a plastic or metal housing, with 21 pins in 2 rows, for use in the manufacture of products falling within headings 8521 and 8528  (1)

0  %

31.12.2017

ex 8536 69 90

81

Pitch connector for use in the manufacture of LCD television reception apparatus (1)

0  %

31.12.2017

ex 8536 69 90

82

Modular socket or plug for local area networks, whether or not combined with other sockets, integrating at least:

| — | a pulse transformer, including a wide-band ferrite core, |
| --- | --- |

—

a pulse transformer, including a wide-band ferrite core,

| — | a common mode coil, |
| --- | --- |

—

a common mode coil,

| — | a resistor, |
| --- | --- |

—

a resistor,

| — | a capacitor, |
| --- | --- |

—

a capacitor,

for use in the manufacture of products falling within headings 8521 or 8528  (1)

0  %

31.12.2014

ex 8536 69 90

84

Universal serial bus (USB) socket or plug in a single or multiple form for connecting with other USB devices, for use in the manufacture of goods falling within headings 8521 or 8528  (1)

0  %

31.12.2015

ex 8536 69 90

85

Socket or plug, built into a plastic or metal housing, with no more than 8 pins, for use in the manufacture of products falling within headings 8521 or 8528  (1)

0  %

31.12.2016

ex 8536 69 90

86

High-Definition Multimedia Interface (HDMI) type socket or plug, built into a plastic or metal housing, with 19 pins or 20 pins in 2 rows, for use in the manufacture of products falling within headings 8521 or 8528  (1)

0  %

31.12.2016

ex 8536 69 90

87

D-Subminiature (D-sub) type socket or plug, built into a plastic or metal housing, with 15 pins in 3 rows, for use in the manufacture of products falling within headings 8521 or 8528  (1)

0  %

31.12.2016

ex 8536 69 90

88

Secure Digital (SD), CompactFlash, "Smart Card" and 64- pin PC-card female connectors, of a kind used for soldering on printed circuit boards, for connecting electrical apparatus and circuits and switching or protecting electrical circuits with a voltage of not more than 1 000 V

0  %

31.12.2017

ex 8536 70 00

10

Optical socket or plug, for use in the manufacture of goods falling within headings 8521 or 8528  (1)

0  %

31.12.2016

ex 8536 70 00

20

Metal plugs, sockets and connectors in plastic or metal housing for optically and mechanically aligning optical fibre cables:

| — | having an operating temperature of -20 °C or more, but not more than 70 °C, |
| --- | --- |

—

having an operating temperature of -20 °C or more, but not more than 70 °C,

| — | having a signal transmission speed of not more than 25 Mbps, |
| --- | --- |

—

having a signal transmission speed of not more than 25 Mbps,

| — | having a supply voltage of -0,5 V or more, but not more than 7 V, |
| --- | --- |

—

having a supply voltage of -0,5 V or more, but not more than 7 V,

| — | having an input voltage of -0,5 V or more, but not more than 7,5 V, |
| --- | --- |

—

having an input voltage of -0,5 V or more, but not more than 7,5 V,

| — | without an integrated circuit, |
| --- | --- |

—

without an integrated circuit,

for use in the manufacture of products of headings 8521 and 8528  (1)

0  %

31.12.2016

ex 8536 90 85

92

Metallic stamped frame with connections

0  %

31.12.2018

ex 8536 90 85

ex 8544 49 93

94

10

Elastomeric connector, of rubber or silicone, consisting of one or more conductor elements

0  %

31.12.2018

ex 8536 90 85

97

Secure Digital (SD) type memory card slot, push-push or push-pull type, for use in the manufacture of goods falling within headings 8521 or 8528  (1)

0  %

31.12.2016

ex 8537 10 91

30

Data processing and evaluation vehicle dashboard control module, operating through the CAN - bus protocol, containing at least:

| — | microprocessor relays, |
| --- | --- |

—

microprocessor relays,

| — | a stepper motor, |
| --- | --- |

—

a stepper motor,

| — | Electrically Erasable Programmable Read-Only (EEPROM) memory, and |
| --- | --- |

—

Electrically Erasable Programmable Read-Only (EEPROM) memory, and

| — | other passive components (such as connectors, diodes, voltage stabilizer, resistors, capacitors, transistors), |
| --- | --- |

—

other passive components (such as connectors, diodes, voltage stabilizer, resistors, capacitors, transistors),

with a voltage of 13,5 V

0  %

31.12.2017

ex 8537 10 99

92

Touch sensitive screen panel, consisting of a conductive grid between two glass or plastic plates or sheets, fitted with electric conductors and connectors

0  %

31.12.2018

ex 8537 10 99

93

Electronic control units for a voltage of 12 V, for use in the manufacture of vehicle mounted temperature control systems (1)

0  %

31.12.2018

ex 8537 10 99

ex 8543 70 90

94

20

Unit consisting of two junction field effect transistors contained in a dual lead frame housing

0  %

31.12.2018

ex 8537 10 99

97

Electronic controller card for actuating and controlling of a single-phase electric AC commutator motor, with an output of 750 W or more and an input power of more than 1 600 W but not more than 2 700 W

0  %

31.12.2015

ex 8538 90 99

92

Part of an electrothermal fuse, consisting of a tin coated copper wire attached to a cylindrical casing, the exterior dimensions of which do not exceed 5 mm × 48 mm

0  %

31.12.2018

ex 8538 90 99

95

Copper base plate, of a kind used as a heatsink in the manufacture of IGBT modules of heading 8535 or 8536 with a voltage of 650 V or more but not more than 1 200 V (1)

0  %

31.12.2018

ex 8539 39 00

20

Cold cathode (CCFL) or external electrode (EEFL) fluorescent lamps, of a diameter of not more than 5 mm and with a length of more than 120 mm but not more than 1 570  mm

0  %

31.12.2016

ex 8540 11 00

93

Colour cathode-ray tube equipped with electron guns placed side by side (in-line technology), with a diagonal measurement of the screen of 79 cm or more

0  %

31.12.2016

ex 8540 20 80

91

Photomultiplier

0  %

31.12.2016

ex 8540 71 00

20

Continuous wave magnetron with a fixed frequency of 2 460  MHz, packaged magnet, probe output, for use in the manufacture of products falling within subheading 8516 50 00  (1)

0  %

31.12.2018

ex 8540 89 00

91

Displays in the form of a tube consisting of a glass housing mounted on a board the dimensions of which do not exceed 300 mm × 350 mm excluding leads. The tube contains one or more rows of characters or lines arranged in rows, each character or line consisting of fluorescent or phosphorescent elements. These elements are mounted on a metallised base which is covered with fluorescent substances or phosphorescent salts which give off light when bombarded with electrons

0  %

31.12.2018

ex 8540 89 00

92

Vacuum fluorescent display tube

0  %

31.12.2018

ex 8543 70 90

ex 9405 40 39

ex 9405 40 99

23

50

03

Semiconductor device for the conversion of electrical energy into visible, infra-red or ultra-violet rays:

| — | whether or not with a housing |
| --- | --- |

—

whether or not with a housing

| — | with electrical leads, |
| --- | --- |

—

with electrical leads,

| — | including one or more light-emitting semiconductor chips which may be electrically connected among each other and which may be furnished for their protection with one or multiple protective diodes, |
| --- | --- |

—

including one or more light-emitting semiconductor chips which may be electrically connected among each other and which may be furnished for their protection with one or multiple protective diodes,

| — | formed/shaped as an indivisible entity |
| --- | --- |

—

formed/shaped as an indivisible entity

| — | for use in the manufacture of lighting gear employed for solid state lighting / for general lighting purposes (1) |
| --- | --- |

—

for use in the manufacture of lighting gear employed for solid state lighting / for general lighting purposes (1)

0  %

31.12.2018

ex 8543 70 90

30

Amplifier, consisting of active and passive elements mounted on a printed circuit, contained in a housing

0  %

31.12.2018

ex 8543 70 90

35

Radio frequency (RF) modulator, operating with a frequency range of 43 MHz or more but not more than 870 MHz, capable of switching VHF and UHF signals, consisting of active and passive elements mounted on a printed circuit, contained in a housing

0  %

31.12.2018

ex 8543 70 90

40

High-frequency amplifier comprising one or more integrated circuits and discrete capacitor chips on a metal flange in a housing

0  %

31.12.2015

ex 8543 70 90

45

Piezo-electric crystal oscillator with a fixed frequency, within a frequency range of 1,8 MHz to 67 MHz, contained in a housing

0  %

31.12.2018

ex 8543 70 90

55

Opto-electronic circuit comprising one or more light-emitting diodes (LEDs), whether or not equipped with an integrated driving circuit, and one photodiode with amplifier circuit, whether or not with an integrated logic gate arrays circuit or one or more light-emitting diodes and at least 2 photodiodes with an amplifier circuit, whether or not with an integrated logic gate arrays circuit or other integrated circuits, contained in a housing

0  %

31.12.2018

ex 8543 70 90

60

Oscillator, with a centre frequency of 20 GHz or more but not more than 42 GHz, consisting of active and passive elements not mounted on a substrate, contained in a housing

0  %

31.12.2018

ex 8543 70 90

65

Audio recording and reproducing circuit, capable of stereo audio data storage and simultaneous record and playback, comprising 2 or 3 monolithic integrated circuits mounted on a printed circuit or a lead frame, contained in a housing

0  %

31.12.2018

ex 8543 70 90

80

Temperature compensated oscillator, comprising a printed circuit on which are mounted at least a piezo-electric crystal and an adjustable capacitor, contained in a housing

0  %

31.12.2018

ex 8543 70 90

85

Voltage controlled oscillator (VCO), other than temperature compensated oscillators, consisting of active and passive elements mounted on a printed circuit, contained in a housing

0  %

31.12.2018

ex 8543 70 90

95

Mobile telephone view and control module comprising of:

| — | a mains power/ CAN (Controller area network) output socket, |
| --- | --- |

—

a mains power/ CAN (Controller area network) output socket,

| — | a universal serial bus (USB) and audio IN/OUT ports and |
| --- | --- |

—

a universal serial bus (USB) and audio IN/OUT ports and

| — | incorporating a video switching device for the interface of smart phone operating systems with the Media Orientated Systems Transport network (MOST), |
| --- | --- |

—

incorporating a video switching device for the interface of smart phone operating systems with the Media Orientated Systems Transport network (MOST),

for use in the manufacture of vehicles of Chapter 87 (1)

0  %

31.12.2015

ex 8543 90 00

20

Stainless steel cathode in the form of a plate with a hanger bar, whether or not with plastic side strips

0  %

31.12.2014

ex 8543 90 00

30

Assembly of products falling within heading 8541 or 8542 mounted on a printed circuit, contained in a housing

0  %

31.12.2018

ex 8543 90 00

40

Part of an electrolysis device, consisting of a pan of nickel equipped with a wire mesh of nickel, fixed via ribs of nickel, and a pan of titanium equipped with a wire mesh of titanium, fixed via ribs of titanium, of which both pans are fixed together back to back

0  %

31.12.2017

ex 8544 20 00

ex 8544 42 90

ex 8544 49 93

ex 8544 49 95

10

20

20

10

PET/PVC insulated flexible cable with:

| — | a voltage of not more than 60 V, |
| --- | --- |

—

a voltage of not more than 60 V,

| — | a current of not more than 1 A, |
| --- | --- |

—

a current of not more than 1 A,

| — | a heat resistance of not more than 105 °C, |
| --- | --- |

—

a heat resistance of not more than 105 °C,

| — | individual wires of a thickness of not more than 0,1 mm (± 0,01 mm) and a width of not more than 0,8 mm (± 0,03 mm), |
| --- | --- |

—

individual wires of a thickness of not more than 0,1 mm (± 0,01 mm) and a width of not more than 0,8 mm (± 0,03 mm),

| — | a distance between conductors of not more than 0,5 mm and |
| --- | --- |

—

a distance between conductors of not more than 0,5 mm and

| — | a pitch (distance from centreline to centreline of conductors) of not more than 1,25 mm |
| --- | --- |

—

a pitch (distance from centreline to centreline of conductors) of not more than 1,25 mm

0  %

31.12.2018

ex 8544 42 90

10

Data transmission cable capable of a bit rate transmission of 600 Mbit/s or more, with:

| — | a voltage of 1,25 V (± 0,25 V) |
| --- | --- |

—

a voltage of 1,25 V (± 0,25 V)

| — | connectors fitted at one or both ends, at least one of which contains pins with a pitch of 1 mm, |
| --- | --- |

—

connectors fitted at one or both ends, at least one of which contains pins with a pitch of 1 mm,

| — | outer screening shielding, |
| --- | --- |

—

outer screening shielding,

used solely for communication between LCD, PDP or OLED panel and video processing electronic circuits

0  %

31.12.2018

ex 8544 42 90

30

PET insulated electric conductor with:

| — | 10 or 80 individual wires, |
| --- | --- |

—

10 or 80 individual wires,

| — | a length of 50 mm or more, but not more than 800 mm, |
| --- | --- |

—

a length of 50 mm or more, but not more than 800 mm,

| — | connector(s) and/or plug(s) fitted at one or both ends, |
| --- | --- |

—

connector(s) and/or plug(s) fitted at one or both ends,

for use in the manufacture of products falling within headings 8521 and 8528  (1)

0  %

31.12.2017

ex 8545 19 00

20

Carbon electrodes, for use in the manufacture of zinc-carbon batteries (1)

0  %

31.12.2018

ex 8545 90 90

20

Carbon fibre paper of a kind used for gas diffusion layers in fuel cell electrodes

0  %

31.12.2015

ex 8547 10 00

10

Insulated fitting of ceramics, containing by weight 90 % or more of aluminium oxide, metallised, in the form of a hollow cylindrical body of an external diameter of 20 mm or more but not more than 250 mm, for the manufacture of vacuum interrupters (1)

0  %

31.12.2018

ex 8548 10 29

10

Spent lithium-ion or nickel metal hydride electric accumulators

0  %

31.12.2016

ex 8548 90 90

41

Unit, consisting of a resonator operating within a frequency range of 1,8 MHz or more but not more than 40 MHz and a capacitor, contained in a housing

0  %

31.12.2018

ex 8548 90 90

43

Contact image sensor

0  %

31.12.2018

ex 8548 90 90

47

Unit consisting of two or more light emitting diode chips operating at a typical wavelength of 440 nm or more but not more than 660 nm, contained in a lead frame housing whose exterior dimensions - without fittings – do not exceed 12 mm × 12 mm

0  %

31.12.2018

ex 8548 90 90

48

Optical unit, consisting at least of a laserdiode and a photodiode operating at a typical wavelength of 635 nm or more but not more than 815 nm

0  %

31.12.2018

ex 8548 90 90

49

LCD modules, solely consisting of one or more TFT glass or plastic cells, combined with touch screen facilities, with or without backlight unit, with or without inverters and one or more printed circuit boards with control electronics for pixel addressing only

0  %

31.12.2018

ex 8548 90 90

50

Filters with a ferromagnetic core, used to suppress high frequency noise in electronic circuits, for the manufacture of TV sets and monitors of heading 8528  (1)

0  %

31.12.2017

ex 8704 23 91

20

Motor chassis with a self-ignition capacity of at least 8 000 cm3, fitted with a cabin on either 3, 4 or 5 wheels having a wheelbase of at least 480 cm, not containing working machinery, to be built into special purpose motor vehicles with a width of at least 300 cm (1)

0  %

31.12.2017

ex 8708 30 91

10

Drum type parking brake:

| — | operating within the service brake disk, |
| --- | --- |

—

operating within the service brake disk,

| — | with a diameter of 170 mm or more but not more than 175 mm, |
| --- | --- |

—

with a diameter of 170 mm or more but not more than 175 mm,

for use in the manufacture of motor vehicles (1)

0  %

31.12.2015

ex 8708 99 97

20

Metal housing caps for incorporation into balancing-arms or spherical bearings used in the suspension systems for the front wheels of motor vehicles (1)

0  %

31.12.2016

ex 8803 30 00

50

Pre-formed helicopter rotor shafts:

| — | of circular cross-section, |
| --- | --- |

—

of circular cross-section,

| — | with a length of 1 249,68  mm or more, but not more than 1 496,06  mm, |
| --- | --- |

—

with a length of 1 249,68  mm or more, but not more than 1 496,06  mm,

| — | of an external diameter of 81,356 mm or more, but not more than 82,2198 mm, |
| --- | --- |

—

of an external diameter of 81,356 mm or more, but not more than 82,2198 mm,

| — | swaged on both ends to an external diameter of 63,8683 mm or more, but not more than 66,802 mm, |
| --- | --- |

—

swaged on both ends to an external diameter of 63,8683 mm or more, but not more than 66,802 mm,

| — | heat treated according to standards MIL-H-6088, AMS 2770 or AMS 2772 |
| --- | --- |

—

heat treated according to standards MIL-H-6088, AMS 2770 or AMS 2772

0  %

31.12.2016

ex 9001 10 90

10

Image reverser made up from an assembly of optical fibres

0  %

31.12.2018

ex 9001 10 90

30

Polymer optical fibre with:

| — | a poly(methyl methacrylate) core, |
| --- | --- |

—

a poly(methyl methacrylate) core,

| — | a cladding of fluorinated polymer, |
| --- | --- |

—

a cladding of fluorinated polymer,

| — | a diameter of not more than 3,0 mm, and |
| --- | --- |

—

a diameter of not more than 3,0 mm, and

| — | a length of more than 150 m, |
| --- | --- |

—

a length of more than 150 m,

of a kind used in the manufacture of polymer fibre cables

0  %

31.12.2016

ex 9001 20 00

10

Material consisting of a polarising film, whether or not on rolls, supported on one or both sides by transparent material, whether or not with an adhesive layer, covered on one side or on both sides with a release film

0  %

31.12.2017

ex 9001 20 00

ex 9001 90 00

20

55

Optical, diffuser, reflector or prism sheets, unprinted diffuser plates, whether or not possessing polarising properties, specifically cut

0  %

31.12.2018

ex 9001 90 00

21

Multi-Optical-Path (MOP) film, in rolls, based on poly(ethylene terephthalate) (PET) material:

| — | having a total thickness of 100 μm or more, but not more than 240 μm, |
| --- | --- |

—

having a total thickness of 100 μm or more, but not more than 240 μm,

| — | having a total transmittance of more than 55 % but not more than 65 %, determined by standard method JIS K7105 related to ASTM D1003 and |
| --- | --- |

—

having a total transmittance of more than 55 % but not more than 65 %, determined by standard method JIS K7105 related to ASTM D1003 and

| — | haze more than 70 % but not more than 80 %, determined by standard method JIS K7105 related to ASTM D1003 |
| --- | --- |

—

haze more than 70 % but not more than 80 %, determined by standard method JIS K7105 related to ASTM D1003

0  %

31.12.2014

ex 9001 90 00

25

Unmounted optical elements made from moulded infrared transmitting chalcogenide glass, or a combination of infrared transmitting chalcogenide glass and another lens material

0  %

31.12.2017

ex 9001 90 00

35

Rear projection screen, comprising a lenticular plastic plate

0  %

31.12.2018

ex 9001 90 00

45

Rod of neodymium-doped yttrium-aluminium garnet (YAG) material, polished at both ends

0  %

31.12.2018

ex 9001 90 00

60

Reflector or diffuser sheets in rolls

0  %

31.12.2018

ex 9001 90 00

65

Optical film with a minimum of 5 multi-layer structures, including a back side reflector, a front side coating and a contrast filter with a pitch of not more than 0,65 μm, for use in the manufacture of front projection screens (1)

0  %

31.12.2014

ex 9001 90 00

70

Poly(ethylene terephthalate) film with a thickness of less than 300 μm according to ASTM D2103, having on one side prisms of acrylic resin with a prism angle of 90 ° and a prism pitch of 50 μm

0  %

31.12.2016

ex 9001 90 00

75

Front filter comprising glass panels with special printing and film coating, for use in the manufacture of plasma display modules (1)

0  %

31.12.2017

ex 9001 90 00

85

Light guide panel made of poly(methyl methacrylate):

| — | whether or not cut, |
| --- | --- |

—

whether or not cut,

| — | whether or not printed, |
| --- | --- |

—

whether or not printed,

for use in the manufacture of backlight units for flat screen TVs (1)

0  %

31.12.2015

ex 9002 11 00

10

Adjustable lens unit, having a focal length of 90 mm or more but not more than 180 mm and comprising a combination of between 4 and 8 glass or methacrylic lenses with a diameter of 120 mm or more but not more than 180 mm, each lens coated on at least one side with a magnesium fluoride layer, for use in the manufacture of video projectors (1)

0  %

31.12.2018

ex 9002 11 00

20

Lenses

| — | measuring not more than 80 mm × 55 mm × 50 mm, |
| --- | --- |

—

measuring not more than 80 mm × 55 mm × 50 mm,

| — | with a resolution of 160 lines/mm or better, and |
| --- | --- |

—

with a resolution of 160 lines/mm or better, and

| — | with a zoom ratio of 18 times, |
| --- | --- |

—

with a zoom ratio of 18 times,

of a kind used for the production of visualizers or live image cameras

0  %

31.12.2017

ex 9002 11 00

30

Lenses

| — | measuring not more than 180 mm × 100 mm × 100 mm at a maximum focal length of more than 200 mm, |
| --- | --- |

—

measuring not more than 180 mm × 100 mm × 100 mm at a maximum focal length of more than 200 mm,

| — | with a resolution of 130 lines/mm or better, and |
| --- | --- |

—

with a resolution of 130 lines/mm or better, and

| — | with a zoom ratio of 18 times |
| --- | --- |

—

with a zoom ratio of 18 times

of a kind used for the production of visualizers or live image cameras

0  %

31.12.2017

ex 9002 11 00

40

Lenses

| — | measuring not more than 125 mm × 65 mm × 65 mm, |
| --- | --- |

—

measuring not more than 125 mm × 65 mm × 65 mm,

| — | with a resolution of 125 lines/mm or better, and |
| --- | --- |

—

with a resolution of 125 lines/mm or better, and

| — | with a zoom ratio of 16 times |
| --- | --- |

—

with a zoom ratio of 16 times

of a kind used for the production of visualizers or live image cameras

0  %

31.12.2017

ex 9002 11 00

50

Lens unit, having a focal length of 25 mm or more but not more than 150 mm, consisting of glass or plastic lenses, with a diameter of 60 mm or more but not more than 190 mm

0  %

31.12.2018

ex 9002 11 00

70

Lenses

| — | measuring not more than 180 mm×100 mm×100 mm at a maximum focal length of more than 200 mm, |
| --- | --- |

—

measuring not more than 180 mm×100 mm×100 mm at a maximum focal length of more than 200 mm,

| — | with an etendue of 7 steradian mm2 or better, and |
| --- | --- |

—

with an etendue of 7 steradian mm2 or better, and

| — | with a zoom ratio of 16 times |
| --- | --- |

—

with a zoom ratio of 16 times

of a kind used for the production of visualizers or live image cameras

0  %

31.12.2017

ex 9002 20 00

10

Filter, consisting of a plastic polarising membrane, a glass plate and a transparent protective film, mounted on a metal frame, for use in the manufacture of products falling within heading 8528  (1)

0  %

31.12.2018

ex 9002 90 00

20

Lens, mounted, having a fixed focal length of 3,8 mm (± 0,19 mm) or 8 mm (± 0,4 mm), with a relative aperture of F2.0 and a diameter of not more than 33 mm, for use in the manufacture of charged-coupled (CCD) cameras (1)

0  %

31.12.2018

ex 9002 90 00

30

Optical unit, comprising 1 or 2 rows of optical glass fibres in the form of lenses and with a diameter of 0,85 mm or more but not more than 1,15 mm, embedded between 2 plastic plates

0  %

31.12.2018

ex 9002 90 00

40

Mounted lenses made from infrared transmitting chalcogenide glass, or a combination of infrared transmitting chalcogenide glass and another lens material

0  %

31.12.2017

ex 9012 90 90

10

Energy filters, to be installed on the column of electron microscopes

0  %

31.12.2016

ex 9013 20 00

10

Carbon dioxide laser, stimulated by high frequency, having an output power of 12 W or more, but not more than 200 W

0  %

31.12.2018

ex 9013 20 00

20

Laser head assemblies for use in the manufacture of measuring or checking machines for semiconductor wafers or devices (1)

0  %

31.12.2018

ex 9013 20 00

30

Laser for use in the manufacture of measuring or checking machines for semiconductor wafers or devices (1)

0  %

31.12.2018

ex 9022 90 00

10

Panels for x-ray apparatus (x-ray flat panel sensors/x-ray sensors) consisting of a glass plate with a matrix of thin-film transistors, covered with a film of amorphous silicon, coated with a scintillator layer of caesium iodide and a metallised protective layer, with an active surface of 409,6 mm2 × 409,6 mm2 and a pixel size of 200 μm2 × 200 μm2

0  %

31.12.2018

ex 9025 80 40

30

Electronic barometric semiconductor pressure sensor in a housing, mainly consisting of

| — | a combination of one or more monolithic application-specific integrated circuits (ASIC) and |
| --- | --- |

—

a combination of one or more monolithic application-specific integrated circuits (ASIC) and

| — | at least one or more microelectromechanical sensor elements (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material |
| --- | --- |

—

at least one or more microelectromechanical sensor elements (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material

0  %

31.12.2018

ex 9027 10 90

10

Sensor element for gas or smoke analysis in motor vehicles, essentially consisting of a zirconium-ceramic element in a metal housing

0  %

31.12.2018

ex 9029 10 00

20

Device for measuring wheel speed in vehicles (semi-conductor wheel speed sensor), consisting of:

| — | a monolithic integrated circuit in a housing, and |
| --- | --- |

—

a monolithic integrated circuit in a housing, and

| — | one or more discrete SMD capacitors connected in parallel to the integrated circuit |
| --- | --- |

—

one or more discrete SMD capacitors connected in parallel to the integrated circuit

| — | whether or not with integrated permanent magnets |
| --- | --- |

—

whether or not with integrated permanent magnets

for detecting the movement of a pulse generator

0  %

31.12.2018

ex 9031 80 34

30

Apparatus for measuring the angle and direction of rotation of motor vehicles, consisting of at least one yaw rate sensor in the form of a monocrystalline quartz, whether or not combined with one or more measuring sensors, the whole contained in a housing

0  %

31.12.2018

ex 9031 80 38

10

Acceleration measurement device for automotive applications, comprising one or more active and/or passive elements and one or more sensors, the whole contained in a housing

0  %

31.12.2018

ex 9031 80 38

20

Electronic semiconductor accelerometer in a housing, mainly consisting of

| — | a combination of one or more monolithic application-specific integrated circuits (ASIC) and |
| --- | --- |

—

a combination of one or more monolithic application-specific integrated circuits (ASIC) and

| — | one or more microelectromechanical sensor elements (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material |
| --- | --- |

—

one or more microelectromechanical sensor elements (MEMS) manufactured with semiconductor technology, with mechanical components arranged in three-dimensional structures on the semiconductor material

to be fitted in products under chapter 84 - 90 and 94

0  %

31.12.2018

ex 9031 90 85

20

Assembly for a laser align sensor, in the form of a printed circuit comprising optical filters and a charge-coupled image (CCD) sensor, the whole contained in a housing

0  %

31.12.2018

ex 9032 89 00

20

Automotive airbag shock-sensor, comprising a contact capable of switching a current of 12 A at a voltage of 30 V, having a typical contact resistance of 80 mOhm

0  %

31.12.2018

ex 9032 89 00

30

Electronic controller of electric power steering (EPS controller)

0  %

31.12.2018

ex 9032 89 00

40

Digital valve controller for controlling liquids and gases

0  %

31.12.2017

ex 9401 90 80

10

Ratchet disk of a kind used in the manufacture of reclining car seats

0  %

31.12.2015

ex 9401 90 80

20

Sidemember with a thickness of 0,8 or more but not more than 3,0 mm, used in the manufacture of reclining car seats (1)

0  %

31.12.2018

ex 9401 90 80

30

Steel bracket for mounting safety features seats with thickness of 1 mm or more but not more than 2,5 mm used in the manufacture of reclining car seats (1)

0  %

31.12.2018

ex 9401 90 80

40

Steel handles for controlling the seat adjustment mechanism used in the manufacture of reclining car seats (1)

0  %

31.12.2018

ex 9405 40 35

10

Electric light assembly of synthetic material containing 3 fluorescent tubes (RBG) of a diameter of 3,0 mm (± 0,2 mm), of a length of 420 mm (± 1 mm) or more but not more than 600 mm (± 1 mm), for the manufacture of goods of heading 8528  (1)

0  %

31.12.2018

ex 9405 40 39

10

Ambient light module with a length of 300 mm or more but not more than 600 mm, based on a light engine of a series of 3 or more but not more than 9 specific one chip red green and blue light emitting diodes mounted on a PCB, with light coupled to the front and/or back of the flat TV set (1)

0  %

31.12.2018

ex 9405 40 39

20

LED array of white silicone, containing:

| — | an LED matrix module measuring 38,6 mm × 20,6 mm (± 0,1 mm), equipped with 128 red and green LED chips, and |
| --- | --- |

—

an LED matrix module measuring 38,6 mm × 20,6 mm (± 0,1 mm), equipped with 128 red and green LED chips, and

| — | a flexible printed circuit board, equipped with a Negative Temperature Coefficient Thermistor |
| --- | --- |

—

a flexible printed circuit board, equipped with a Negative Temperature Coefficient Thermistor

0  %

31.12.2018

ex 9405 40 39

60

LED components (equipped with light emitting diodes) fitted with

| — | a plastic casing, |
| --- | --- |

—

a plastic casing,

| — | one or more light emitting diode chips either chips manufactured using thin-film technology or so-called sapphire emitter chips and |
| --- | --- |

—

one or more light emitting diode chips either chips manufactured using thin-film technology or so-called sapphire emitter chips and

| — | one or more optional semiconductor chips with electric protection function. |
| --- | --- |

—

one or more optional semiconductor chips with electric protection function.

| — | for use in the manufacture of lighting gear employed for general lighting purposes (1) |
| --- | --- |

—

for use in the manufacture of lighting gear employed for general lighting purposes (1)

0  %

31.12.2018

ex 9405 40 99

06

LED components (equipped with light emitting diodes) fitted with

| — | a casing made of ceramic or circuit board material, |
| --- | --- |

—

a casing made of ceramic or circuit board material,

| — | one or more light emitting diode chips either chips manufactured using thin-film technology or so-called sapphire emitter chips |
| --- | --- |

—

one or more light emitting diode chips either chips manufactured using thin-film technology or so-called sapphire emitter chips

| — | one or more optional semiconductor chips with electric protection function |
| --- | --- |

—

one or more optional semiconductor chips with electric protection function

| — | for use in the manufacture of lighting gear employed for general lighting purposes (1) |
| --- | --- |

—

for use in the manufacture of lighting gear employed for general lighting purposes (1)

0  %

31.12.2018

ex 9503 00 75

ex 9503 00 95

10

10

Plastic cable car scale models, whether or not with a motor, for printing (1)

0  %

31.12.2015

ex 9608 91 00

10

Non-fibrous plastic pen-tips with an internal canal

0  %

31.12.2018

ex 9608 91 00

20

Felt tips and other porous-tips for markers, without internal canal

0  %

31.12.2018

ex 9612 10 10

10

Ribbons of plastic with segments of different colours, providing the penetration of dyes by heat into a support (so called dye-sublimation)

0  %

31.12.2018

---

(1)  Suspension of duties is subject to Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253 11.10.1993, p. 1).

(2)  However, the measure is not allowed where processing is carried out by retail or catering undertakings.

(3)  The specific duty shall apply.

(4)  A surveillance of imports of goods covered by this tariff suspension shall be established in accordance with the procedure laid down in Article 308d of Regulation (EEC) No 2454/93.

(5)  CUS (Customs Union and Statistics Number) is assigned to each ECICS record (product). ECICS (European Customs Inventory of Chemical Substances) is an information tool managed by the European Commission, General Directorate for Taxation and Customs Union. More information can be found via the following link: http://ec.europa.eu/taxation_customs/common/databases/ecics/index_en.htm

---

ANNEX II

| CN code | TARIC | Supplementary unit |
| --- | --- | --- |
| ex 6909 19 00 | 15 | Number of Items (p/st) |
| ex 7020 00 10 | 10 | p/st |
| ex 7616 99 90 | 77 | p/st |
| ex 6909 19 00 | 80 | p/st |
| ex 7006 00 90 | 70 | p/st |
| ex 7009 91 00 | 10 | p/st |
| 7011 20 00 | | p/st |
| ex 7320 90 10 | 91 | p/st |
| ex 7325 99 10 | 20 | p/st |
| ex 7604 21 00 | 10 | p/st |
| ex 7604 29 90 | 30 | p/st |
| ex 7613 00 00 | 20 | p/st |
| ex 7616 99 90 | 15 | p/st |
| ex 7616 99 90 | 70 | p/st |
| ex 8482 80 00 | 10 | p/st |
| ex 8803 30 00 | 40 | p/st |
| ex 7616 99 90 | 75 | p/st |
| ex 8108 90 90 | 20 | p/st |
| ex 9003 90 00 | 10 | p/st |
| ex 8207 30 10 | 10 | p/st |
| ex 8301 60 00 | 10 | p/st |
| ex 8413 91 00 | 20 | p/st |
| ex 8419 90 85 | 20 | p/st |
| ex 8438 90 00 | 10 | p/st |
| ex 8468 90 00 | 10 | p/st |
| ex 8476 90 00 | 10 | p/st |
| ex 8479 90 80 | 87 | p/st |
| ex 8481 90 00 | 20 | p/st |
| ex 8503 00 99 | 45 | p/st |
| ex 8515 90 00 | 20 | p/st |
| ex 8531 90 85 | 20 | p/st |
| ex 8536 90 85 | 96 | p/st |
| ex 8543 90 00 | 50 | p/st |
| ex 8708 91 99 | 10 | p/st |
| ex 8708 99 97 | 30 | p/st |
| ex 9031 90 85 | 30 | p/st |
| ex 8309 90 90 | 10 | p/st |
| ex 8405 90 00 | 10 | p/st |
| ex 8409 91 00 | 10 | p/st |
| ex 8409 99 00 | 20 | p/st |
| ex 8409 99 00 | 10 | p/st |
| ex 8479 90 80 | 85 | p/st |
| ex 8411 99 00 | 30 | p/st |
| ex 8414 90 00 | 20 | p/st |
| ex 8414 90 00 | 30 | p/st |
| ex 8414 90 00 | 40 | p/st |
| ex 8415 90 00 | 20 | p/st |
| ex 8418 99 10 | 50 | p/st |
| ex 8418 99 10 | 60 | p/st |
| ex 8421 99 00 | 91 | p/st |
| ex 8421 99 00 | 93 | p/st |
| ex 8422 30 00 | 10 | p/st |
| ex 8479 89 97 | 30 | p/st |
| ex 8431 20 00 | 30 | p/st |
| ex 8439 99 00 | 10 | p/st |
| ex 8467 99 00 | 10 | p/st |
| ex 8536 50 11 | 35 | p/st |
| ex 8477 80 99 | 10 | p/st |
| ex 8479 89 97 | 40 | p/st |
| ex 8479 89 97 | 50 | p/st |
| ex 8479 90 80 | 80 | p/st |
| ex 8481 30 91 | 91 | p/st |
| ex 8481 80 59 | 10 | p/st |
| ex 8481 80 69 | 60 | p/st |
| ex 8481 80 79 | 20 | p/st |
| ex 8481 80 99 | 50 | p/st |
| ex 8481 80 99 | 60 | p/st |
| ex 8483 30 38 | 30 | p/st |
| ex 8483 40 29 | 50 | p/st |
| ex 8483 40 51 | 20 | p/st |
| ex 8483 40 59 | 20 | p/st |
| ex 8483 40 90 | 80 | p/st |
| ex 8503 00 91 | 31 | p/st |
| ex 8503 00 99 | 32 | p/st |
| ex 8503 00 99 | 31 | p/st |
| ex 8503 00 99 | 33 | p/st |
| ex 8503 00 99 | 34 | p/st |
| ex 8503 00 99 | 35 | p/st |
| ex 8503 00 99 | 40 | p/st |
| ex 8504 40 82 | 40 | p/st |
| ex 8504 40 82 | 50 | p/st |
| ex 8504 40 90 | 20 | p/st |
| ex 8504 40 90 | 30 | p/st |
| ex 8504 40 90 | 40 | p/st |
| ex 8504 50 95 | 20 | p/st |
| ex 8504 50 95 | 40 | p/st |
| ex 8504 50 95 | 50 | p/st |
| ex 8504 90 11 | 10 | p/st |
| ex 8505 11 00 | 31 | p/st |
| ex 8505 11 00 | 33 | p/st |
| ex 8505 11 00 | 35 | p/st |
| ex 8505 11 00 | 50 | p/st |
| ex 8505 20 00 | 30 | p/st |
| ex 8505 90 20 | 91 | p/st |
| ex 8507 90 80 | 70 | p/st |
| ex 8508 70 00 | 10 | p/st |
| ex 8537 10 99 | 96 | p/st |
| ex 8516 90 00 | 60 | p/st |
| ex 8516 90 00 | 70 | p/st |
| ex 8518 30 95 | 20 | p/st |
| ex 8518 90 00 | 91 | p/st |
| ex 8522 90 49 | 50 | p/st |
| ex 8522 90 49 | 60 | p/st |
| ex 8529 90 65 | 25 | p/st |
| ex 8522 90 49 | 65 | p/st |
| ex 8529 90 65 | 40 | p/st |
| ex 8522 90 49 | 70 | p/st |
| ex 8522 90 80 | 15 | p/st |
| ex 8522 90 80 | 30 | p/st |
| ex 8529 90 92 | 30 | p/st |
| ex 8522 90 80 | 65 | p/st |
| ex 8522 90 80 | 70 | p/st |
| ex 8522 90 80 | 75 | p/st |
| ex 8522 90 80 | 80 | p/st |
| ex 8522 90 80 | 81 | p/st |
| ex 8522 90 80 | 83 | p/st |
| ex 8522 90 80 | 84 | p/st |
| ex 8522 90 80 | 85 | p/st |
| ex 8522 90 80 | 96 | p/st |
| ex 8522 90 80 | 97 | p/st |
| ex 8529 90 65 | 50 | p/st |
| ex 8529 10 80 | 20 | p/st |
| ex 8529 10 80 | 50 | p/st |
| ex 8529 10 80 | 60 | p/st |
| ex 8529 90 65 | 30 | p/st |
| ex 8548 90 90 | 44 | p/st |
| ex 8529 90 65 | 45 | p/st |
| ex 8529 90 65 | 55 | p/st |
| ex 8529 90 65 | 60 | p/st |
| ex 8529 90 65 | 65 | p/st |
| ex 8529 90 65 | 70 | p/st |
| ex 8529 90 65 | 75 | p/st |
| ex 8529 90 92 | 25 | p/st |
| ex 8529 90 92 | 32 | p/st |
| ex 8529 90 92 | 40 | p/st |
| ex 8529 90 92 | 41 | p/st |
| ex 8529 90 92 | 42 | p/st |
| ex 8529 90 92 | 43 | p/st |
| ex 8529 90 92 | 44 | p/st |
| ex 8529 90 92 | 45 | p/st |
| ex 8529 90 92 | 47 | p/st |
| ex 8529 90 92 | 48 | p/st |
| ex 8529 90 92 | 49 | p/st |
| ex 8536 69 90 | 83 | p/st |
| ex 8529 90 92 | 50 | p/st |
| ex 8529 90 92 | 70 | p/st |
| ex 8531 80 95 | 40 | p/st |
| ex 8535 90 00 | 20 | p/st |
| ex 8535 90 00 | 30 | p/st |
| ex 8536 50 80 | 83 | p/st |
| ex 8536 30 30 | 11 | p/st |
| ex 8536 49 00 | 91 | p/st |
| ex 8536 50 11 | 31 | p/st |
| ex 8536 50 11 | 32 | p/st |
| ex 8536 50 19 | 91 | p/st |
| ex 8536 50 19 | 93 | p/st |
| ex 8536 50 80 | 97 | p/st |
| ex 8536 50 80 | 81 | p/st |
| ex 8536 50 80 | 82 | p/st |
| ex 8536 50 80 | 93 | p/st |
| ex 8536 50 80 | 98 | p/st |
| ex 8536 69 90 | 51 | p/st |
| ex 8536 69 90 | 81 | p/st |
| ex 8536 69 90 | 82 | p/st |
| ex 8536 69 90 | 84 | p/st |
| ex 8536 69 90 | 85 | p/st |
| ex 8536 69 90 | 86 | p/st |
| ex 8536 69 90 | 87 | p/st |
| ex 8536 69 90 | 88 | p/st |
| ex 8536 70 00 | 10 | p/st |
| ex 8536 70 00 | 20 | p/st |
| ex 8536 90 85 | 92 | p/st |
| ex 8536 90 85 | 94 | p/st |
| ex 8544 49 93 | 10 | p/st |
| ex 8536 90 85 | 97 | p/st |
| ex 8537 10 91 | 30 | p/st |
| ex 8537 10 99 | 92 | p/st |
| ex 8537 10 99 | 93 | p/st |
| ex 8537 10 99 | 94 | p/st |
| ex 8543 70 90 | 20 | p/st |
| ex 8537 10 99 | 97 | p/st |
| ex 8538 90 99 | 92 | p/st |
| ex 8543 70 90 | 30 | p/st |
| ex 8543 70 90 | 35 | p/st |
| ex 8543 70 90 | 40 | p/st |
| ex 8543 70 90 | 45 | p/st |
| ex 8543 70 90 | 55 | p/st |
| ex 8543 70 90 | 60 | p/st |
| ex 8543 70 90 | 65 | p/st |
| ex 8543 70 90 | 80 | p/st |
| ex 8543 70 90 | 85 | p/st |
| ex 8543 70 90 | 95 | p/st |
| ex 8543 90 00 | 20 | p/st |
| ex 8543 90 00 | 30 | p/st |
| ex 8543 90 00 | 40 | p/st |
| ex 8544 42 90 | 10 | p/st |
| ex 8545 19 00 | 20 | p/st |
| ex 8547 10 00 | 10 | p/st |
| ex 8548 90 90 | 41 | p/st |
| ex 8548 90 90 | 43 | p/st |
| ex 8548 90 90 | 47 | p/st |
| ex 8548 90 90 | 48 | p/st |
| ex 8548 90 90 | 49 | p/st |
| ex 8548 90 90 | 50 | p/st |
| ex 8708 30 91 | 10 | p/st |
| ex 8708 99 97 | 20 | p/st |
| ex 8803 30 00 | 50 | p/st |
| ex 9001 90 00 | 75 | p/st |
| ex 9002 90 00 | 20 | p/st |
| ex 9002 90 00 | 30 | p/st |
| ex 9002 90 00 | 40 | p/st |
| ex 9012 90 90 | 10 | p/st |
| ex 9013 20 00 | 10 | p/st |
| ex 9013 20 00 | 20 | p/st |
| ex 9013 20 00 | 30 | p/st |
| ex 9022 90 00 | 10 | p/st |
| ex 9031 80 34 | 30 | p/st |
| ex 9031 80 38 | 10 | p/st |
| ex 9031 90 85 | 20 | p/st |
| ex 9032 89 00 | 20 | p/st |
| ex 9032 89 00 | 30 | p/st |
| ex 9032 89 00 | 40 | p/st |
| ex 9401 90 80 | 10 | p/st |
| ex 9405 40 35 | 10 | p/st |
| ex 9405 40 39 | 10 | p/st |
| ex 9405 40 39 | 20 | p/st |
| ex 9503 00 75 | 10 | p/st |
| ex 9503 00 95 | 10 | p/st |
| ex 3919 90 00 | 36 | Square meter (m2) |
| ex 3919 90 00 | 44 | m2 |
| ex 3920 49 10 | 95 | m2 |
| ex 3921 90 60 | 95 | m2 |
| ex 5603 11 10 | 10 | m2 |
| ex 5603 11 10 | 20 | m2 |
| ex 5603 11 90 | 10 | m2 |
| ex 5603 11 90 | 20 | m2 |
| ex 5603 12 10 | 10 | m2 |
| ex 5603 12 90 | 10 | m2 |
| ex 5603 12 90 | 50 | m2 |
| ex 5603 12 90 | 60 | m2 |
| ex 5603 12 90 | 70 | m2 |
| ex 5603 13 10 | 10 | m2 |
| ex 5603 13 10 | 20 | m2 |
| ex 5603 13 90 | 60 | m2 |
| ex 5603 13 90 | 70 | m2 |
| ex 5603 14 10 | 10 | m2 |
| ex 5603 91 10 | 10 | m2 |
| ex 5603 91 90 | 10 | m2 |
| ex 5603 92 10 | 10 | m2 |
| ex 5603 92 90 | 10 | m2 |
| ex 5603 92 90 | 40 | m2 |
| ex 5603 92 90 | 80 | m2 |
| ex 5603 93 90 | 10 | m2 |
| ex 5603 93 90 | 50 | m2 |
| ex 3824 90 97 | 90 | Cubic Metre (m3) |
| ex 3901 10 90 | 20 | m3 |
| ex 3901 20 90 | 10 | m3 |
| ex 3902 10 00 | 50 | m3 |
| ex 3903 11 00 | 10 | m3 |
| ex 3903 90 90 | 10 | m3 |
| ex 3907 40 00 | 50 | m3 |
| ex 3907 40 00 | 60 | m3 |
| ex 3907 60 80 | 40 | m3 |
| ex 3920 20 80 | 95 | m3 |
| ex 5402 49 00 | 70 | Metre (m) |
| ex 3215 19 00 | 20 | Litre (l) |

CN code

TARIC

Supplementary unit

ex 6909 19 00

15

Number of Items (p/st)

ex 7020 00 10

10

p/st

ex 7616 99 90

77

p/st

ex 6909 19 00

80

p/st

ex 7006 00 90

70

p/st

ex 7009 91 00

10

p/st

7011 20 00

p/st

ex 7320 90 10

91

p/st

ex 7325 99 10

20

p/st

ex 7604 21 00

10

p/st

ex 7604 29 90

30

p/st

ex 7613 00 00

20

p/st

ex 7616 99 90

15

p/st

ex 7616 99 90

70

p/st

ex 8482 80 00

10

p/st

ex 8803 30 00

40

p/st

ex 7616 99 90

75

p/st

ex 8108 90 90

20

p/st

ex 9003 90 00

10

p/st

ex 8207 30 10

10

p/st

ex 8301 60 00

10

p/st

ex 8413 91 00

20

p/st

ex 8419 90 85

20

p/st

ex 8438 90 00

10

p/st

ex 8468 90 00

10

p/st

ex 8476 90 00

10

p/st

ex 8479 90 80

87

p/st

ex 8481 90 00

20

p/st

ex 8503 00 99

45

p/st

ex 8515 90 00

20

p/st

ex 8531 90 85

20

p/st

ex 8536 90 85

96

p/st

ex 8543 90 00

50

p/st

ex 8708 91 99

10

p/st

ex 8708 99 97

30

p/st

ex 9031 90 85

30

p/st

ex 8309 90 90

10

p/st

ex 8405 90 00

10

p/st

ex 8409 91 00

10

p/st

ex 8409 99 00

20

p/st

ex 8409 99 00

10

p/st

ex 8479 90 80

85

p/st

ex 8411 99 00

30

p/st

ex 8414 90 00

20

p/st

ex 8414 90 00

30

p/st

ex 8414 90 00

40

p/st

ex 8415 90 00

20

p/st

ex 8418 99 10

50

p/st

ex 8418 99 10

60

p/st

ex 8421 99 00

91

p/st

ex 8421 99 00

93

p/st

ex 8422 30 00

10

p/st

ex 8479 89 97

30

p/st

ex 8431 20 00

30

p/st

ex 8439 99 00

10

p/st

ex 8467 99 00

10

p/st

ex 8536 50 11

35

p/st

ex 8477 80 99

10

p/st

ex 8479 89 97

40

p/st

ex 8479 89 97

50

p/st

ex 8479 90 80

80

p/st

ex 8481 30 91

91

p/st

ex 8481 80 59

10

p/st

ex 8481 80 69

60

p/st

ex 8481 80 79

20

p/st

ex 8481 80 99

50

p/st

ex 8481 80 99

60

p/st

ex 8483 30 38

30

p/st

ex 8483 40 29

50

p/st

ex 8483 40 51

20

p/st

ex 8483 40 59

20

p/st

ex 8483 40 90

80

p/st

ex 8503 00 91

31

p/st

ex 8503 00 99

32

p/st

ex 8503 00 99

31

p/st

ex 8503 00 99

33

p/st

ex 8503 00 99

34

p/st

ex 8503 00 99

35

p/st

ex 8503 00 99

40

p/st

ex 8504 40 82

40

p/st

ex 8504 40 82

50

p/st

ex 8504 40 90

20

p/st

ex 8504 40 90

30

p/st

ex 8504 40 90

40

p/st

ex 8504 50 95

20

p/st

ex 8504 50 95

40

p/st

ex 8504 50 95

50

p/st

ex 8504 90 11

10

p/st

ex 8505 11 00

31

p/st

ex 8505 11 00

33

p/st

ex 8505 11 00

35

p/st

ex 8505 11 00

50

p/st

ex 8505 20 00

30

p/st

ex 8505 90 20

91

p/st

ex 8507 90 80

70

p/st

ex 8508 70 00

10

p/st

ex 8537 10 99

96

p/st

ex 8516 90 00

60

p/st

ex 8516 90 00

70

p/st

ex 8518 30 95

20

p/st

ex 8518 90 00

91

p/st

ex 8522 90 49

50

p/st

ex 8522 90 49

60

p/st

ex 8529 90 65

25

p/st

ex 8522 90 49

65

p/st

ex 8529 90 65

40

p/st

ex 8522 90 49

70

p/st

ex 8522 90 80

15

p/st

ex 8522 90 80

30

p/st

ex 8529 90 92

30

p/st

ex 8522 90 80

65

p/st

ex 8522 90 80

70

p/st

ex 8522 90 80

75

p/st

ex 8522 90 80

80

p/st

ex 8522 90 80

81

p/st

ex 8522 90 80

83

p/st

ex 8522 90 80

84

p/st

ex 8522 90 80

85

p/st

ex 8522 90 80

96

p/st

ex 8522 90 80

97

p/st

ex 8529 90 65

50

p/st

ex 8529 10 80

20

p/st

ex 8529 10 80

50

p/st

ex 8529 10 80

60

p/st

ex 8529 90 65

30

p/st

ex 8548 90 90

44

p/st

ex 8529 90 65

45

p/st

ex 8529 90 65

55

p/st

ex 8529 90 65

60

p/st

ex 8529 90 65

65

p/st

ex 8529 90 65

70

p/st

ex 8529 90 65

75

p/st

ex 8529 90 92

25

p/st

ex 8529 90 92

32

p/st

ex 8529 90 92

40

p/st

ex 8529 90 92

41

p/st

ex 8529 90 92

42

p/st

ex 8529 90 92

43

p/st

ex 8529 90 92

44

p/st

ex 8529 90 92

45

p/st

ex 8529 90 92

47

p/st

ex 8529 90 92

48

p/st

ex 8529 90 92

49

p/st

ex 8536 69 90

83

p/st

ex 8529 90 92

50

p/st

ex 8529 90 92

70

p/st

ex 8531 80 95

40

p/st

ex 8535 90 00

20

p/st

ex 8535 90 00

30

p/st

ex 8536 50 80

83

p/st

ex 8536 30 30

11

p/st

ex 8536 49 00

91

p/st

ex 8536 50 11

31

p/st

ex 8536 50 11

32

p/st

ex 8536 50 19

91

p/st

ex 8536 50 19

93

p/st

ex 8536 50 80

97

p/st

ex 8536 50 80

81

p/st

ex 8536 50 80

82

p/st

ex 8536 50 80

93

p/st

ex 8536 50 80

98

p/st

ex 8536 69 90

51

p/st

ex 8536 69 90

81

p/st

ex 8536 69 90

82

p/st

ex 8536 69 90

84

p/st

ex 8536 69 90

85

p/st

ex 8536 69 90

86

p/st

ex 8536 69 90

87

p/st

ex 8536 69 90

88

p/st

ex 8536 70 00

10

p/st

ex 8536 70 00

20

p/st

ex 8536 90 85

92

p/st

ex 8536 90 85

94

p/st

ex 8544 49 93

10

p/st

ex 8536 90 85

97

p/st

ex 8537 10 91

30

p/st

ex 8537 10 99

92

p/st

ex 8537 10 99

93

p/st

ex 8537 10 99

94

p/st

ex 8543 70 90

20

p/st

ex 8537 10 99

97

p/st

ex 8538 90 99

92

p/st

ex 8543 70 90

30

p/st

ex 8543 70 90

35

p/st

ex 8543 70 90

40

p/st

ex 8543 70 90

45

p/st

ex 8543 70 90

55

p/st

ex 8543 70 90

60

p/st

ex 8543 70 90

65

p/st

ex 8543 70 90

80

p/st

ex 8543 70 90

85

p/st

ex 8543 70 90

95

p/st

ex 8543 90 00

20

p/st

ex 8543 90 00

30

p/st

ex 8543 90 00

40

p/st

ex 8544 42 90

10

p/st

ex 8545 19 00

20

p/st

ex 8547 10 00

10

p/st

ex 8548 90 90

41

p/st

ex 8548 90 90

43

p/st

ex 8548 90 90

47

p/st

ex 8548 90 90

48

p/st

ex 8548 90 90

49

p/st

ex 8548 90 90

50

p/st

ex 8708 30 91

10

p/st

ex 8708 99 97

20

p/st

ex 8803 30 00

50

p/st

ex 9001 90 00

75

p/st

ex 9002 90 00

20

p/st

ex 9002 90 00

30

p/st

ex 9002 90 00

40

p/st

ex 9012 90 90

10

p/st

ex 9013 20 00

10

p/st

ex 9013 20 00

20

p/st

ex 9013 20 00

30

p/st

ex 9022 90 00

10

p/st

ex 9031 80 34

30

p/st

ex 9031 80 38

10

p/st

ex 9031 90 85

20

p/st

ex 9032 89 00

20

p/st

ex 9032 89 00

30

p/st

ex 9032 89 00

40

p/st

ex 9401 90 80

10

p/st

ex 9405 40 35

10

p/st

ex 9405 40 39

10

p/st

ex 9405 40 39

20

p/st

ex 9503 00 75

10

p/st

ex 9503 00 95

10

p/st

ex 3919 90 00

36

Square meter (m2)

ex 3919 90 00

44

m2

ex 3920 49 10

95

m2

ex 3921 90 60

95

m2

ex 5603 11 10

10

m2

ex 5603 11 10

20

m2

ex 5603 11 90

10

m2

ex 5603 11 90

20

m2

ex 5603 12 10

10

m2

ex 5603 12 90

10

m2

ex 5603 12 90

50

m2

ex 5603 12 90

60

m2

ex 5603 12 90

70

m2

ex 5603 13 10

10

m2

ex 5603 13 10

20

m2

ex 5603 13 90

60

m2

ex 5603 13 90

70

m2

ex 5603 14 10

10

m2

ex 5603 91 10

10

m2

ex 5603 91 90

10

m2

ex 5603 92 10

10

m2

ex 5603 92 90

10

m2

ex 5603 92 90

40

m2

ex 5603 92 90

80

m2

ex 5603 93 90

10

m2

ex 5603 93 90

50

m2

ex 3824 90 97

90

Cubic Metre (m3)

ex 3901 10 90

20

m3

ex 3901 20 90

10

m3

ex 3902 10 00

50

m3

ex 3903 11 00

10

m3

ex 3903 90 90

10

m3

ex 3907 40 00

50

m3

ex 3907 40 00

60

m3

ex 3907 60 80

40

m3

ex 3920 20 80

95

m3

ex 5402 49 00

70

Metre (m)

ex 3215 19 00

20

Litre (l)

---

| 28.12.2013 | EN | Official Journal of the European Union | L 354/319 |
| --- | --- | --- | --- |

28.12.2013

EN

Official Journal of the European Union

L 354/319

---

COUNCIL REGULATION (EU) No 1388/2013

of 17 December 2013

opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products, and repealing Regulation (EU) No 7/2010

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | The Union production of certain agricultural and industrial products is insufficient to meet the specific requirements of the user industries in the Union. Consequently Union supplies of those products depend to a considerable extent on imports from third countries. The most urgent Union needs for the products in question should be met immediately on the most favourable terms. Union tariff quotas at preferential duty rates should therefore be opened within the limits of appropriate volumes taking into account the need not to perturb the markets for such products or impede the establishment or development of Union production. |
| --- | --- |

(1)

The Union production of certain agricultural and industrial products is insufficient to meet the specific requirements of the user industries in the Union. Consequently Union supplies of those products depend to a considerable extent on imports from third countries. The most urgent Union needs for the products in question should be met immediately on the most favourable terms. Union tariff quotas at preferential duty rates should therefore be opened within the limits of appropriate volumes taking into account the need not to perturb the markets for such products or impede the establishment or development of Union production.

| (2) | It is necessary to ensure for all Union importers equal and uninterrupted access to those quotas and to ensure the uninterrupted application of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been exhausted. |
| --- | --- |

(2)

It is necessary to ensure for all Union importers equal and uninterrupted access to those quotas and to ensure the uninterrupted application of the rates laid down for the quotas to all imports of the products concerned into all Member States until the quotas have been exhausted.

| (3) | Commission Regulation (EEC) No 2454/93 (1) provides for a system of tariff quota management which ensures equal and uninterrupted access to the quotas and uninterrupted application of the rates and follows the chronological order of dates of acceptance of declarations of release for free circulation. The tariff quotas opened by this Regulation should therefore be managed by the Commission and the Member States in accordance with that system. |
| --- | --- |

(3)

Commission Regulation (EEC) No 2454/93 (1) provides for a system of tariff quota management which ensures equal and uninterrupted access to the quotas and uninterrupted application of the rates and follows the chronological order of dates of acceptance of declarations of release for free circulation. The tariff quotas opened by this Regulation should therefore be managed by the Commission and the Member States in accordance with that system.

| (4) | The quota volumes are usually expressed in tonnes. For certain products for which an autonomous tariff quota is opened the quota volume is set out in another measurement unit. Where for those products no supplementary measurement unit is specified in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87 (2) there can be uncertainty in respect of the measurement unit used. For the sake of clarity and in the interests of better quota management it is therefore necessary to provide that, in order to benefit from those autonomous tariff quotas, the exact quantity of the products imported be entered in the declaration for release for free circulation using the measurement unit of the quota volume set out for those products in the Annex to this Regulation. |
| --- | --- |

(4)

The quota volumes are usually expressed in tonnes. For certain products for which an autonomous tariff quota is opened the quota volume is set out in another measurement unit. Where for those products no supplementary measurement unit is specified in the Combined Nomenclature laid down in Annex I to Council Regulation (EEC) No 2658/87 (2) there can be uncertainty in respect of the measurement unit used. For the sake of clarity and in the interests of better quota management it is therefore necessary to provide that, in order to benefit from those autonomous tariff quotas, the exact quantity of the products imported be entered in the declaration for release for free circulation using the measurement unit of the quota volume set out for those products in the Annex to this Regulation.

| (5) | Council Regulation (EU) No 7/2010 (3) has been amended many times. In the interest of transparency and in order to facilitate economic operators in following the goods subject to autonomous tariff quotas, it is appropriate to replace Regulation (EU) No 7/2010 in its entirety. |
| --- | --- |

(5)

Council Regulation (EU) No 7/2010 (3) has been amended many times. In the interest of transparency and in order to facilitate economic operators in following the goods subject to autonomous tariff quotas, it is appropriate to replace Regulation (EU) No 7/2010 in its entirety.

| (6) | In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of promoting trade between Member States and third countries to lay down rules in order to balance the commercial interest of economic operators in the Union without changing the Union's Word Trade Organisation (WTO) schedule. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with Article 5(4) of the Treaty on European Union. |
| --- | --- |

(6)

In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of promoting trade between Member States and third countries to lay down rules in order to balance the commercial interest of economic operators in the Union without changing the Union's Word Trade Organisation (WTO) schedule. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued in accordance with Article 5(4) of the Treaty on European Union.

| (7) | Since the tariff quotas must take effect from 1 January 2014, this Regulation should enter into force immediately upon its publication in the Official Journal of the European Union and should apply from 1 January 2014, |
| --- | --- |

(7)

Since the tariff quotas must take effect from 1 January 2014, this Regulation should enter into force immediately upon its publication in the Official Journal of the European Union and should apply from 1 January 2014,

HAS ADOPTED THIS REGULATION:

Article 1

For the products listed in the Annex, autonomous tariff quotas of the Union shall be opened within which the autonomous Common Customs Tariff duties shall be suspended for the periods, at the duty rates, and up to the volumes indicated therein.

Article 2

The tariff quotas referred to in Article 1 of this Regulation shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

Article 3

Where a declaration for release for free circulation is presented for a product mentioned in this Regulation, for which the quota volume is expressed in a measurement unit other than the weight in tonnes or kilograms and other than the value, for products for which no supplementary unit is set out in the Combined Nomenclature laid down in Annex I to Regulation (EEC) No 2658/87, the exact quantity of the products imported shall be entered in ‘Box 41: Supplementary units’ of that declaration using the measurement unit of the quota volume for those products as set out in the Annex to this Regulation.

Article 4

Regulation (EU) No 7/2010 is hereby repealed.

Article 5

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

It shall apply from 1 January 2014.

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

Done at Brussels, 17 December 2013.

For the Council

The President

L. LINKEVIČIUS

---

(1)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

1

(2)  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

(3)  Council Regulation (EU) No 7/2010 of 22 December 2009 opening and providing for the management of autonomous tariff quotas of the Union for certain agricultural and industrial products and repealing Regulation (EC) No 2505/96 (OJ L 3, 7.1.2010, p. 1).

3

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ANNEX

| Order number | CN code | TARIC | Description | Quota period | Quota volume | Quota duty (%) |
| --- | --- | --- | --- | --- | --- | --- |
| 09.2849 | ex 0710 80 69 | 10 | Mushrooms of the species Auricularia polytricha (uncooked or cooked by steaming or boiling), frozen, for the manufacture of prepared meals (1)
   (2) | 1.1.-31.12. | 700 tonnes | 0  % |
| 09.2663 | ex 1104 29 17 | 10 | Sorghum grains, processed using milling techniques, that have been at least hulled and de-germed for use in the manufacture of loose fill packaging products (1) | 1.1.-31.12 | 1 500 tonnes | 0  % |
| 09.2664 | ex 2008 60 19 | 30 | Sweet cherries containing added spirit, whether or not with a sugar content of 9 % by weight, of a diameter of not more than 19,9 mm, with stone, for use in chocolate products (1) | 1.1.-31.12 | 1 000 tonnes | 10 % (3) |
| ex 2008 60 39 | 30 |
| 09.2913 | ex 2401 10 35 | 91 | Natural unmanufactured tobacco, whether or not cut in regular size, having a custom value of not less than Euro 450 per 100 kg net weight, for use as binder or wrapper for the manufacture of goods falling within subheading 2402 10 00  (1) | 1.1.-31.12. | 6 000 tonnes | 0  % |
| ex 2401 10 70 | 10 |
| ex 2401 10 95 | 11 |
| ex 2401 10 95 | 21 |
| ex 2401 10 95 | 91 |
| ex 2401 20 35 | 91 |
| ex 2401 20 70 | 10 |
| ex 2401 20 95 | 11 |
| ex 2401 20 95 | 21 |
| ex 2401 20 95 | 91 |
| 09.2928 | ex 2811 22 00 | 40 | Silica filler in the form of granules, with a purity by weight of 97 % or more of silicon dioxide | 1.1.-31.12 | 1 700 tonnes | 0  % |
| 09.2703 | ex 2825 30 00 | 10 | Vanadium oxides and hydroxides exclusively for use in alloys (1) | 1.1.-31.12. | 13 000 tonnes | 0  % |
| 09.2806 | ex 2825 90 40 | 30 | Tungsten trioxide, including blue tungsten oxide (CAS RN 1314-35-8 + 39318-18-8) | 1.1.-31.12. | 12 000 tonnes | 0  % |
| 09.2929 | 2903 22 00 | | Trichloroethylene (CAS RN 79-01-6) | 1.1.-31.12 | 10 000 tonnes | 0  % |
| 09.2837 | ex 2903 79 90 | 10 | Bromochloromethane (CAS RN 74-97-5) | 1.1.-31.12. | 600 tonnes | 0  % |
| 09.2933 | ex 2903 99 90 | 30 | 1,3-Dichlorobenzene (CAS RN 541-73-1) | 1.1.-31.12. | 2 600 tonnes | 0  % |
| 09.2950 | ex 2905 59 98 | 10 | 2-Chloroethanol, for the manufacture of liquid thioplasts of subheading 4002 99 90 (CAS RN 107-07-3) (1) | 1.1.-31.12. | 15 000 tonnes | 0  % |
| 09.2851 | ex 2907 12 00 | 10 | O-Cresol having a purity of not less than 98.5 % by weight (CAS RN 95-48-7) | 1.1.-31.12. | 20 000 tonnes | 0  % |
| 09.2624 | 2912 42 00 | | Ethylvanillin (3-ethoxy-4-hydroxybenzaldehyde) (CAS RN 121-32-4) | 1.1.-31.12. | 950 tonnes | 0  % |
| 09.2852 | ex 2914 29 00 | 60 | Cyclopropyl methyl ketone (CAS RN 765-43-5) | 1.1.-31.12 | 300 tonnes | 0  % |
| 09.2638 | ex 2915 21 00 | 10 | Acetic acid of a purity by weight of 99 % or more (CAS RN 64-19-7) | 1.1.-31.12. | 1 000 000 tonnes | 0  % |
| 09.2972 | 2915 24 00 | | Acetic anhydride (CAS RN 108-24-7) | 1.1.-31.12 | 20 000 tonnes | 0  % |
| 09.2665 | ex 2916 19 95 | 30 | Potassium (E,E)-hexa-2,4-dienoate (CAS RN 24634-61-5) | 1.1.-31.12 | 8 000 tonnes | 0  % |
| 09.2769 | ex 2917 13 90 | 10 | Dimethyl sebacate (CAS RN 106-79-6) | 1.1.-31.12 | 1 000 tonnes | 0  % |
| 09.2634 | ex 2917 19 90 | 40 | Dodecanedioic acid, of a purity by weight of more than 98,5 % (CAS RN693-23-2) | 1.1.-31.12 | 4 600 tonnes | 0  % |
| 09.2808 | ex 2918 22 00 | 10 | o-Acetylsalicylic acid (CAS RN 50-78-2) | 1.1.-31.12. | 120 tonnes | 0  % |
| 09.2975 | ex 2918 30 00 | 10 | Benzophenone-3,3',4,4'-tetracarboxylic dianhydride (CAS RN 2421-28-5) | 1.1.-31.12. | 1 000 tonnes | 0  % |
| 09.2602 | ex 2921 51 19 | 10 | o-Phenylenediamine (CAS RN 95-54-5) | 1.1.-31.12. | 1 800 tonnes | 0  % |
| 09.2854 | ex 2924 19 00 | 85 | 3-Iodoprop-2-ynyl N-butylcarbamate (CAS RN 55406-53-6) | 1.1.-31.12 | 1 300 tonnes | 0  % |
| 09.2977 | 2926 10 00 | | Acrylonitrile (CAS RN 107-13-1) | 1.1.-31.12. | 75 000 tonnes | 0  % |
| 09.2856 | ex 2926 90 95 | 84 | 2-Nitro-4(trifluoromethyl)benzonitrile (CAS RN 778-94-9) | 1.1.-31.12 | 500 tonnes | 0  % |
| 09.2838 | ex 2927 00 00 | 85 | C,C'-Azodi(formamide) (CAS RN 123-77-3) with:






  — | a pH of 6,5 or more but not more than 7,5, and |

Order number

CN code

TARIC

Description

Quota period

Quota volume

Quota duty (%)

09.2849

ex 0710 80 69

10

Mushrooms of the species Auricularia polytricha (uncooked or cooked by steaming or boiling), frozen, for the manufacture of prepared meals (1)
   (2)

1.1.-31.12.

700 tonnes

0  %

09.2663

ex 1104 29 17

10

Sorghum grains, processed using milling techniques, that have been at least hulled and de-germed for use in the manufacture of loose fill packaging products (1)

1.1.-31.12

1 500 tonnes

0  %

09.2664

ex 2008 60 19

30

Sweet cherries containing added spirit, whether or not with a sugar content of 9 % by weight, of a diameter of not more than 19,9 mm, with stone, for use in chocolate products (1)

1.1.-31.12

1 000 tonnes

10 % (3)

ex 2008 60 39

30

09.2913

ex 2401 10 35

91

Natural unmanufactured tobacco, whether or not cut in regular size, having a custom value of not less than Euro 450 per 100 kg net weight, for use as binder or wrapper for the manufacture of goods falling within subheading 2402 10 00  (1)

1.1.-31.12.

6 000 tonnes

0  %

ex 2401 10 70

10

ex 2401 10 95

11

ex 2401 10 95

21

ex 2401 10 95

91

ex 2401 20 35

91

ex 2401 20 70

10

ex 2401 20 95

11

ex 2401 20 95

21

ex 2401 20 95

91

09.2928

ex 2811 22 00

40

Silica filler in the form of granules, with a purity by weight of 97 % or more of silicon dioxide

1.1.-31.12

1 700 tonnes

0  %

09.2703

ex 2825 30 00

10

Vanadium oxides and hydroxides exclusively for use in alloys (1)

1.1.-31.12.

13 000 tonnes

0  %

09.2806

ex 2825 90 40

30

Tungsten trioxide, including blue tungsten oxide (CAS RN 1314-35-8 + 39318-18-8)

1.1.-31.12.

12 000 tonnes

0  %

09.2929

2903 22 00

Trichloroethylene (CAS RN 79-01-6)

1.1.-31.12

10 000 tonnes

0  %

09.2837

ex 2903 79 90

10

Bromochloromethane (CAS RN 74-97-5)

1.1.-31.12.

600 tonnes

0  %

09.2933

ex 2903 99 90

30

1,3-Dichlorobenzene (CAS RN 541-73-1)

1.1.-31.12.

2 600 tonnes

0  %

09.2950

ex 2905 59 98

10

2-Chloroethanol, for the manufacture of liquid thioplasts of subheading 4002 99 90 (CAS RN 107-07-3) (1)

1.1.-31.12.

15 000 tonnes

0  %

09.2851

ex 2907 12 00

10

O-Cresol having a purity of not less than 98.5 % by weight (CAS RN 95-48-7)

1.1.-31.12.

20 000 tonnes

0  %

09.2624

2912 42 00

Ethylvanillin (3-ethoxy-4-hydroxybenzaldehyde) (CAS RN 121-32-4)

1.1.-31.12.

950 tonnes

0  %

09.2852

ex 2914 29 00

60

Cyclopropyl methyl ketone (CAS RN 765-43-5)

1.1.-31.12

300 tonnes

0  %

09.2638

ex 2915 21 00

10

Acetic acid of a purity by weight of 99 % or more (CAS RN 64-19-7)

1.1.-31.12.

1 000 000 tonnes

0  %

09.2972

2915 24 00

Acetic anhydride (CAS RN 108-24-7)

1.1.-31.12

20 000 tonnes

0  %

09.2665

ex 2916 19 95

30

Potassium (E,E)-hexa-2,4-dienoate (CAS RN 24634-61-5)

1.1.-31.12

8 000 tonnes

0  %

09.2769

ex 2917 13 90

10

Dimethyl sebacate (CAS RN 106-79-6)

1.1.-31.12

1 000 tonnes

0  %

09.2634

ex 2917 19 90

40

Dodecanedioic acid, of a purity by weight of more than 98,5 % (CAS RN693-23-2)

1.1.-31.12

4 600 tonnes

0  %

09.2808

ex 2918 22 00

10

o-Acetylsalicylic acid (CAS RN 50-78-2)

1.1.-31.12.

120 tonnes

0  %

09.2975

ex 2918 30 00

10

Benzophenone-3,3',4,4'-tetracarboxylic dianhydride (CAS RN 2421-28-5)

1.1.-31.12.

1 000 tonnes

0  %

09.2602

ex 2921 51 19

10

o-Phenylenediamine (CAS RN 95-54-5)

1.1.-31.12.

1 800 tonnes

0  %

09.2854

ex 2924 19 00

85

3-Iodoprop-2-ynyl N-butylcarbamate (CAS RN 55406-53-6)

1.1.-31.12

1 300 tonnes

0  %

09.2977

2926 10 00

Acrylonitrile (CAS RN 107-13-1)

1.1.-31.12.

75 000 tonnes

0  %

09.2856

ex 2926 90 95

84

2-Nitro-4(trifluoromethyl)benzonitrile (CAS RN 778-94-9)

1.1.-31.12

500 tonnes

0  %

09.2838

ex 2927 00 00

85

C,C'-Azodi(formamide) (CAS RN 123-77-3) with:

—

a pH of 6,5 or more but not more than 7,5, and

| — | a semicarbazide (CAS RN 57-56-7) content of not more than 1 500  mg/kg as determined by liquid chromatography mass spectrometry (LC-MS), |
| --- | --- |

—

a semicarbazide (CAS RN 57-56-7) content of not more than 1 500  mg/kg as determined by liquid chromatography mass spectrometry (LC-MS),

| — | decomposition temperature range of 195 °C - 205 °C, |
| --- | --- |

—

decomposition temperature range of 195 °C - 205 °C,

| — | specific gravity 1,64 - 1,66, and |
| --- | --- |

—

specific gravity 1,64 - 1,66, and

| — | combustion heat 215 - 220 Kcal/mol |
| --- | --- |

—

combustion heat 215 - 220 Kcal/mol

1.1.-31.12

100 tonnes

0  %

09.2603

ex 2930 90 99

79

Bis(3-triethoxysilylpropyl)tetrasulphide (CAS RN 40372-72-3)

1.1.-31.12

9 000 tonnes

0  %

09.2955

ex 2932 19 00

60

Flurtamone (ISO) (CAS RN 96525-23-4)

1.1.-31.12.

300 tonnes

0  %

09.2812

ex 2932 20 90

77

Hexan-6-olide (CAS RN 502-44-3)

1.1.-31.12.

4 000 tonnes

0  %

09.2858

2932 93 00

Piperonal (CAS RN 120-57-0)

1.1.-31.12

220 tonnes

0  %

09.2860

ex 2933 69 80

30

1,3,5-Tris[3-(dimethylamino)propyl]hexahydro-1,3,5-triazine (CAS RN 15875-13-5)

1.1.-31.12

300 tonnes

0  %

09.2658

ex 2933 99 80

73

5-(Acetoacetylamino)benzimidazolone (CAS RN 26576-46-5)

1.1.-31.12

200 tonnes

0  %

09.2945

ex 2940 00 00

20

D-Xylose (CAS RN 58-86-6)

1.1.-31.12.

400 tonnes

0  %

09.2862

ex 3105 40 00

10

Monoammonium phosphate (CAS RN 7722-76-1)

1.1.-31.12.2014

45 000 tonnes

0  %

09.2666

ex 3204 17 00

55

Dye C.I. Pigment Red 169 (CAS RN 12237-63-7)

1.1.-31.12

40 tonnes

0  %

09.2659

ex 3802 90 00

19

Soda flux calcinated diatomaceous earth

1.1.-31.12

30 000 tonnes

0  %

09.2908

ex 3804 00 00

10

Sodium lignosulphonate

1.1.-31.12.

40 000 tonnes

0  %

09.2889

3805 10 90

Sulphate turpentine

1.1.-31.12.

25 000 tonnes

0  %

09.2935

ex 3806 10 00

10

Rosin and resin acids obtained from fresh oleoresins

1.1.-31.12.

280 000 tonnes

0  %

09.2814

ex 3815 90 90

76

Catalyst consisting of titanium dioxide and tungsten trioxide

1.1.-31.12.

3 000 tonnes

0  %

09.2829

ex 3824 90 97

19

Solid extract of the residual, insoluble in aliphatic solvents, obtained during the extraction of rosin from wood, having the following characteristics:

| — | a resin acid content not exceeding 30 % by weight, |
| --- | --- |

—

a resin acid content not exceeding 30 % by weight,

| — | an acid number not exceeding 110
  and |
| --- | --- |

—

an acid number not exceeding 110

and

| — | a melting point of 100 °C or more |
| --- | --- |

—

a melting point of 100 °C or more

1.1.-31.12

1 600 tonnes

0  %

09.2907

ex 3824 90 97

86

Mixture of phytosterols, in the form of powder, containing by weight:

| — | 75 % or more of sterols, |
| --- | --- |

—

75 % or more of sterols,

| — | not more than 25 % of stanols |
| --- | --- |

—

not more than 25 % of stanols

for use in the manufacture of stanols/sterols or stanol/sterol esters (1)

1.1.-31.12.

2 500 tonnes

0  %

09.2644

ex 3824 90 97

96

Preparation containing by weight:

| — | 55 % or more but not more than 78 % of dimethyl glutarate, |
| --- | --- |

—

55 % or more but not more than 78 % of dimethyl glutarate,

| — | 10 % or more but not more than 30 % of dimethyl adipate, and |
| --- | --- |

—

10 % or more but not more than 30 % of dimethyl adipate, and

| — | not more than 35 % of dimethyl succinate |
| --- | --- |

—

not more than 35 % of dimethyl succinate

1.1.-31.12

10 000 tonnes

0  %

09.2140

ex 3824 90 97

98

Mixture of tertiary amines containing by weight:

| — | 2.0-4.0 % of N,N-dimethyl-1-octanamine |
| --- | --- |

—

2.0-4.0 % of N,N-dimethyl-1-octanamine

| — | 94 % minimum of N,N-dimethyl-1-decanamine |
| --- | --- |

—

94 % minimum of N,N-dimethyl-1-decanamine

| — | 2 % maximum of N,N-dimethyl-1-dodecanamine |
| --- | --- |

—

2 % maximum of N,N-dimethyl-1-dodecanamine

1.1.-31.12.

4 500 tonnes

0  %

09.2660

ex 3902 30 00

96

Propylene-ethylene copolymer, with a melt viscosity of not more than 1 700 mPa at 190°C, as determined by ASTM D 3236 method

1.1.-31.12

500 tonnes

0  %

09.2639

3905 30 00

Poly(vinyl alcohol), whether or not containing unhydrolysed acetate groups

1.1.-31.12.

18 000 tonnes

0  %

09.2930

ex 3905 30 00

30

Vinyl alcohol containing unhydrolysed acetate groups and methylenebutanedioic sodium salts copolymer (CAS RN 122625-12-1) of a kind used for the manufacture of thermal paper

1.1.-30.06

192 tonnes

0  %

09.2671

ex 3905 99 90

81

Poly(vinylbutyral)(CAS RN 63148-65-2):

| — | containing by weight 17,5 % or more, but not more than 20 % of hydroxyl groups and |
| --- | --- |

—

containing by weight 17,5 % or more, but not more than 20 % of hydroxyl groups and

| — | with a median particle size (D50) more than 0,6 mm |
| --- | --- |

—

with a median particle size (D50) more than 0,6 mm

1.1.-31.12

11 000 tonnes

0  %

09.2616

ex 3910 00 00

30

Polydimethylsiloxane with a degree of polymerisation of 2 800 monomer units (± 100)

1.1.-31.12.

1 300 tonnes

0  %

09.2816

ex 3912 11 00

20

Cellulose acetate flakes

1.1.-31.12.

75 000 tonnes

0  %

09.2864

ex 3913 10 00

10

Sodium alginate, extracted from brown seaweed (CAS RN 9005-38-3)

1.1.-31.12

1 000 tonnes

0  %

09.2641

ex 3913 90 00

87

Sodium hyaluronate, non sterile, with:

| — | a weight average molecular weight (Mw) of not more than 900 000 , |
| --- | --- |

—

a weight average molecular weight (Mw) of not more than 900 000 ,

| — | an endotoxin level of not more than 0,008 Endotoxin units (EU)/mg, |
| --- | --- |

—

an endotoxin level of not more than 0,008 Endotoxin units (EU)/mg,

| — | an ethanol content of not more than 1 % by weight, |
| --- | --- |

—

an ethanol content of not more than 1 % by weight,

| — | an isopropanol content of not more than 0,5 % by weight |
| --- | --- |

—

an isopropanol content of not more than 0,5 % by weight

1.1.-31.12.

200  kg

0  %

09.2661

ex 3920 51 00

50

Sheets of polymethylmethacrylate conforming to standards:

| — | EN 4364 (MIL-P-5425E) and DTD5592A, or |
| --- | --- |

—

EN 4364 (MIL-P-5425E) and DTD5592A, or

| — | EN 4365 (MIL-P-8184) and DTD5592A |
| --- | --- |

—

EN 4365 (MIL-P-8184) and DTD5592A

1.1.-31.12

100 tonnes

0  %

09.2645

ex 3921 14 00

20

Cellular block of regenerated cellulose, impregnated with water containing magnesium chloride and quaternary ammonium compounds, measuring 100 cm (± 10 cm) × 100 cm (± 10 cm) × 40 cm (± 5 cm)

1.1.-31.12

1 300 tonnes

0  %

09.2818

ex 6902 90 00

10

Refractory bricks with

| — | an edge length of more than 300 mm and |
| --- | --- |

—

an edge length of more than 300 mm and

| — | a TiO2 content of not more than 1 % by weight and |
| --- | --- |

—

a TiO2 content of not more than 1 % by weight and

| — | a Al2O3 content of not more than 0.4 % by weight and |
| --- | --- |

—

a Al2O3 content of not more than 0.4 % by weight and

| — | a change in volume of less than 9 % at 1 700 °C |
| --- | --- |

—

a change in volume of less than 9 % at 1 700 °C

1.1.-31.12.

75 tonnes

0  %

09.2628

ex 7019 52 00

10

Glass web woven from glass fibre coated in plastic, of a weight of 120 g/m2(± 10 g/m2), of a type used in rolling insect screens with fixed frames

1.1.-31.12.

3 000 000 m2

0  %

09.2799

ex 7202 49 90

10

Ferro-chromium containing 1.5 % or more but not more than 4 % by weight of carbon and not more than 70 % of chromium

1.1.-31.12.

50 000 tonnes

0  %

09.2629

ex 7616 99 90

85

Aluminium telescopic handle for use in the manufacture of luggage (1)

1.1.-31.12

800 000 pieces

0  %

ex 8302 49 00

91

09.2840

ex 8104 30 00

20

Magnesium powder:

| — | of purity by weight of 98 % or more, but not more than 99,5 % |
| --- | --- |

—

of purity by weight of 98 % or more, but not more than 99,5 %

| — | with a particle size of 0,2 mm or more but not more than 0,8 mm |
| --- | --- |

—

with a particle size of 0,2 mm or more but not more than 0,8 mm

1.1.-31.12

2 000 tonnes

0  %

09.2642

ex 8501 40 20

30

Assembly, consisting of

| — | a single-phase electric AC commutator motor, with an output of 480 W or more, but not more than 1 400 W, an input power of more than 900 W but not more than 1 600 W, an external diameter of more than 119,8 mm but not more than 135,2 mm and a rated speed of more than 30 000 rpm but not more than 50 000 rpm, and |
| --- | --- |

—

a single-phase electric AC commutator motor, with an output of 480 W or more, but not more than 1 400 W, an input power of more than 900 W but not more than 1 600 W, an external diameter of more than 119,8 mm but not more than 135,2 mm and a rated speed of more than 30 000 rpm but not more than 50 000 rpm, and

| — | an air-inducting ventilator, |
| --- | --- |

—

an air-inducting ventilator,

for use in the manufacture of vacuum cleaners (1)

1.1.-31.12.

120 000 pieces

0  %

ex 8501 40 80

40

09.2763

ex 8501 40 80

30

Electric AC commutator motor, single-phase, with an output of more than 750 W, an input power of more than 1 600 W but not more than 2 700 W, an external diameter of more than 120 mm (± 0,2 mm) but not more than 135 mm (± 0,2 mm), a rated speed of more than 30 000 rpm but not more than 50 000 rpm, equipped with air-inducting ventilator, for use in the manufacture of vacuum cleaners (1)

1.1.-31.12.

2 000 000 pieces

0  %

09.2633

ex 8504 40 82

20

Electric rectifier, with a capacity of not more than 1 kVA, for use in the manufacture of appliances falling within subheading 8509 80 and heading 8510  (1)

1.1.-31.12

4 500 000 pieces

0  %

09.2643

ex 8504 40 82

30

Power supply boards for use in the manufacture of goods falling under heading 8521 and 8528  (1)

1.1.-31.12.

1 038 000 pieces

0  %

09.2620

ex 8526 91 20

20

Assembly for GPS system having a position determination function, without display, and a weight of not more than 2 500  g

1.1.-31.12

3 000 000 pieces

0  %

09.2672

ex 8529 90 92

75

Printed circuit board with LED diodes:

| — | whether or not equipped with prisms/lens, and |
| --- | --- |

—

whether or not equipped with prisms/lens, and

| — | whether or not fitted with connector(s) |
| --- | --- |

—

whether or not fitted with connector(s)

for the manufacture of backlight units for goods of heading 8528  (1)

1.1.-31.12

115 000 000 pieces

0  %

ex 9405 40 39

70

09.2003

ex 8543 70 90

63

Voltage controlled frequency generator, consisting of active and passive elements mounted on a printed circuit, contained in a housing with dimensions of not more than 30 mm × 30 mm

1.1.-31.12.

1 400 000 pieces

0  %

09.2668

ex 8714 91 10

21

Bicycle frame, constructed from carbon fibres and artificial resin, painted, lacquered and/or polished, for use in the manufacture of bicycles (1)

1.1.-31.12

76 000 pieces

0  %

ex 8714 91 10

31

09.2669

ex 8714 91 30

21

Bicycle front fork, constructed from carbon fibres and artificial resin, painted, lacquered and/or polished, for use in the manufacture of bicycles (1)

1.1.-31.12

52 000 pieces

0  %

ex 8714 91 30

31

09.2631

ex 9001 90 00

80

Unmounted glass lenses, prisms and cemented elements for use in the manufacture of goods of CN codes 9002 , 9005 , 9013 10 and 9015  (1)

1.1.-31.12.

5 000 000 pieces

0  %

---

(1)  Suspension of duties is subject to Articles 291 to 300 of Regulation (EEC) No 2454/93 (OJ L 253 11.10.1993, p. 1).

(2)  However, the measure is not allowed where processing is carried out by retail or catering undertakings.

(3)  The specific duty shall apply.

---