# Official Journal L 343/2011

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2011.343.eng |
| --- | --- |
| Official Journal
  of the European Union | L 343 |
| | |
| English edition | Legislation | Volume 5423 December 2011 |

ISSN 1977-0677

doi:10.3000/19770677.L_2011.343.eng

Official Journal

of the European Union

L 343

English edition

Legislation

Volume 5423 December 2011

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | DIRECTIVES |
| | * | Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State | 1 |

Contents

I   Legislative acts

page

DIRECTIVES

*

Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

1

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | REGULATIONS |
| | * | Council Implementing Regulation (EU) No 1375/2011 of 22 December 2011 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 687/2011 | 10 |
| | * | Commission Implementing Regulation (EU) No 1376/2011 of 20 December 2011 entering a name in the register of protected designations of origin and protected geographical indications (Mongeta del Ganxet (PDO)) | 14 |
| | * | Commission Implementing Regulation (EU) No 1377/2011 of 20 December 2011 entering a name in the register of protected designations of origin and protected geographical indications [Salva Cremasco (PDO)] | 16 |
| | * | Commission Implementing Regulation (EU) No 1378/2011 of 20 December 2011 entering a name in the register of protected designations of origin and protected geographical indications (Rheinisches Apfelkraut (PGI)) | 18 |
| | * | Commission Implementing Regulation (EU) No 1379/2011 of 20 December 2011 amending Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 as regards the CN codes and the product codes of the agricultural product nomenclature for export refunds in the beef and veal, egg and poultrymeat sectors | 20 |
| | * | Commission Implementing Regulation (EU) No 1380/2011 of 21 December 2011 amending Regulation (EC) No 798/2008 as regards the specific conditions for breeding and productive ratites (
  1
  ) | 25 |
| | * | Commission Implementing Regulation (EU) No 1381/2011 of 22 December 2011 concerning the non-approval of the active substance chloropicrin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Decision 2008/934/EC (
  1
  ) | 26 |
| | | Commission Implementing Regulation (EU) No 1382/2011 of 22 December 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables | 28 |
| | | Commission Implementing Regulation (EU) No 1383/2011 of 22 December 2011 fixing the import duties in the cereals sector applicable from 1 January 2012 | 30 |
| | | Commission Implementing Regulation (EU) No 1384/2011 of 22 December 2011 on the minimum customs duty to be fixed in response to the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011 | 33 |
| | | DECISIONS |
| | * | Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) | 35 |
| | * | Council Decision 2011/872/CFSP of 22 December 2011 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2011/430/CFSP | 54 |
| | | 2011/873/EU |
| | * | Commission Implementing Decision of 14 December 2011 on the determination of quantities and the allocation of quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2012
  (notified under document C(2011) 9196) | 57 |
| | | 2011/874/EU |
| | * | Commission Implementing Decision of 15 December 2011 laying down the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements of more than five dogs, cats and ferrets into the Union and the model certificates for imports and non-commercial movements of those animals into the Union
  (notified under document C(2011) 9232)

   (
  1
  ) | 65 |
| | | 2011/875/EU |
| | * | Commission Implementing Decision of 16 December 2011 exempting certain financial services in the postal sector in Hungary from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sector
  (notified under document C(2011) 9197)

   (
  1
  ) | 77 |
| | | 2011/876/EU |
| | * | Commission Decision of 19 December 2011 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, lifting the suspension and revoking the exemption of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97
  (notified under document C(2011) 9473) | 86 |
| | | 2011/877/EU |
| | * | Commission Implementing Decision of 19 December 2011 establishing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2004/8/EC of the European Parliament and of the Council and repealing Commission Decision 2007/74/EC
  (notified under document C(2011) 9523) | 91 |
| | | 2011/878/EU |
| | * | Commission Implementing Decision of 20 December 2011 confirming the provisional calculation of average specific CO2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (
  1
  ) | 97 |
| | | 2011/879/EU |
| | * | Commission Implementing Decision of 21 December 2011 amending Annexes II and IV to Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs
  (notified under document C(2011) 9518)

   (
  1
  ) | 105 |
| | | 2011/880/EU |
| | * | Commission Implementing Decision of 21 December 2011 amending Annex I to Implementing Decision 2011/402/EU on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt
  (notified under document C(2011) 9524)

   (
  1
  ) | 117 |
| | | 2011/881/EU |
| | * | Commission Implementing Decision of 21 December 2011 concerning the adoption of a financing decision to support voluntary surveillance studies on honeybee colony losses
  (notified under document C(2011) 9597) | 119 |
| | | 2011/882/EU |
| | * | Commission Implementing Decision of 21 December 2011 authorising the placing on the market of a novel chewing gum base as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
  (notified under document C(2011) 9680) | 121 |
| | | 2011/883/EU |
| | * | Commission Implementing Decision of 21 December 2011 establishing the list of Union inspectors pursuant to Article 79(1) of Council Regulation (EC) No 1224/2009
  (notified under document C(2011) 9701) | 123 |
| | | 2011/884/EU |
| | * | Commission Implementing Decision of 22 December 2011 on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC (
  1
  ) | 140 |

II   Non-legislative acts

REGULATIONS

*

Council Implementing Regulation (EU) No 1375/2011 of 22 December 2011 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 687/2011

10

*

Commission Implementing Regulation (EU) No 1376/2011 of 20 December 2011 entering a name in the register of protected designations of origin and protected geographical indications (Mongeta del Ganxet (PDO))

14

*

Commission Implementing Regulation (EU) No 1377/2011 of 20 December 2011 entering a name in the register of protected designations of origin and protected geographical indications [Salva Cremasco (PDO)]

16

*

Commission Implementing Regulation (EU) No 1378/2011 of 20 December 2011 entering a name in the register of protected designations of origin and protected geographical indications (Rheinisches Apfelkraut (PGI))

18

*

Commission Implementing Regulation (EU) No 1379/2011 of 20 December 2011 amending Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 as regards the CN codes and the product codes of the agricultural product nomenclature for export refunds in the beef and veal, egg and poultrymeat sectors

20

*

Commission Implementing Regulation (EU) No 1380/2011 of 21 December 2011 amending Regulation (EC) No 798/2008 as regards the specific conditions for breeding and productive ratites (
  1
  )

1

25

*

Commission Implementing Regulation (EU) No 1381/2011 of 22 December 2011 concerning the non-approval of the active substance chloropicrin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Decision 2008/934/EC (
  1
  )

1

26

Commission Implementing Regulation (EU) No 1382/2011 of 22 December 2011 establishing the standard import values for determining the entry price of certain fruit and vegetables

28

Commission Implementing Regulation (EU) No 1383/2011 of 22 December 2011 fixing the import duties in the cereals sector applicable from 1 January 2012

30

Commission Implementing Regulation (EU) No 1384/2011 of 22 December 2011 on the minimum customs duty to be fixed in response to the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011

33

DECISIONS

*

Council Decision 2011/871/CFSP of 19 December 2011 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena)

35

*

Council Decision 2011/872/CFSP of 22 December 2011 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2011/430/CFSP

54

2011/873/EU

*

Commission Implementing Decision of 14 December 2011 on the determination of quantities and the allocation of quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2012
  (notified under document C(2011) 9196)

(notified under document C(2011) 9196)

57

2011/874/EU

*

Commission Implementing Decision of 15 December 2011 laying down the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements of more than five dogs, cats and ferrets into the Union and the model certificates for imports and non-commercial movements of those animals into the Union
  (notified under document C(2011) 9232)

   (
  1
  )

(notified under document C(2011) 9232)

1

65

2011/875/EU

*

Commission Implementing Decision of 16 December 2011 exempting certain financial services in the postal sector in Hungary from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sector
  (notified under document C(2011) 9197)

   (
  1
  )

(notified under document C(2011) 9197)

1

77

2011/876/EU

*

Commission Decision of 19 December 2011 granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, lifting the suspension and revoking the exemption of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97
  (notified under document C(2011) 9473)

(notified under document C(2011) 9473)

86

2011/877/EU

*

Commission Implementing Decision of 19 December 2011 establishing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2004/8/EC of the European Parliament and of the Council and repealing Commission Decision 2007/74/EC
  (notified under document C(2011) 9523)

(notified under document C(2011) 9523)

91

2011/878/EU

*

Commission Implementing Decision of 20 December 2011 confirming the provisional calculation of average specific CO2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (
  1
  )

2

1

97

2011/879/EU

*

Commission Implementing Decision of 21 December 2011 amending Annexes II and IV to Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs
  (notified under document C(2011) 9518)

   (
  1
  )

(notified under document C(2011) 9518)

1

105

2011/880/EU

*

Commission Implementing Decision of 21 December 2011 amending Annex I to Implementing Decision 2011/402/EU on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt
  (notified under document C(2011) 9524)

   (
  1
  )

(notified under document C(2011) 9524)

1

117

2011/881/EU

*

Commission Implementing Decision of 21 December 2011 concerning the adoption of a financing decision to support voluntary surveillance studies on honeybee colony losses
  (notified under document C(2011) 9597)

(notified under document C(2011) 9597)

119

2011/882/EU

*

Commission Implementing Decision of 21 December 2011 authorising the placing on the market of a novel chewing gum base as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
  (notified under document C(2011) 9680)

(notified under document C(2011) 9680)

121

2011/883/EU

*

Commission Implementing Decision of 21 December 2011 establishing the list of Union inspectors pursuant to Article 79(1) of Council Regulation (EC) No 1224/2009
  (notified under document C(2011) 9701)

(notified under document C(2011) 9701)

123

2011/884/EU

*

Commission Implementing Decision of 22 December 2011 on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC (
  1
  )

1

140

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Decision 2008/312/Euratom of 5 March 2008 establishing the standard document for the supervision and control of shipments of radioactive waste and spent fuel referred to in Council Directive 2006/117/Euratom (OJ L 107, 17.4.2008) | 149 |

Corrigenda

*

Corrigendum to Commission Decision 2008/312/Euratom of 5 March 2008 establishing the standard document for the supervision and control of shipments of radioactive waste and spent fuel referred to in Council Directive 2006/117/Euratom (OJ L 107, 17.4.2008)

(OJ L 107, 17.4.2008)

149

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

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

EN

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

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

---

I Legislative acts

DIRECTIVES

| 23.12.2011 | EN | Official Journal of the European Union | L 343/1 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/1

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DIRECTIVE 2011/98/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 December 2011

on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State

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 points (a) and (b) of Article 79(2) thereof,

Having regard to the proposal from the European Commission,

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) | For the gradual establishment of an area of freedom, security and justice, the Treaty on the Functioning of the European Union (TFEU) provides for measures to be adopted in the fields of asylum, immigration and protection of the rights of third-country nationals. |
| --- | --- |

(1)

For the gradual establishment of an area of freedom, security and justice, the Treaty on the Functioning of the European Union (TFEU) provides for measures to be adopted in the fields of asylum, immigration and protection of the rights of third-country nationals.

| (2) | The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national law governing the conditions for admission and residence of third-country nationals. In this context, it stated in particular that the European Union should ensure fair treatment of third-country nationals who are legally residing in the territory of the Member States and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the Union. The European Council accordingly asked the Council to adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the Stockholm Programme, which was adopted by the European Council at its meeting of 10 and 11 December 2009. |
| --- | --- |

(2)

The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need for harmonisation of national law governing the conditions for admission and residence of third-country nationals. In this context, it stated in particular that the European Union should ensure fair treatment of third-country nationals who are legally residing in the territory of the Member States and that a more vigorous integration policy should aim to grant them rights and obligations comparable to those of citizens of the Union. The European Council accordingly asked the Council to adopt the legal instruments on the basis of Commission proposals. The need for achieving the objectives defined at Tampere was reaffirmed by the Stockholm Programme, which was adopted by the European Council at its meeting of 10 and 11 December 2009.

| (3) | Provisions for a single application procedure leading to a combined title encompassing both residence and work permits within a single administrative act will contribute to simplifying and harmonising the rules currently applicable in Member States. Such procedural simplification has already been introduced by several Member States and has made for a more efficient procedure both for the migrants and for their employers, and has allowed easier controls of the legality of their residence and employment. |
| --- | --- |

(3)

Provisions for a single application procedure leading to a combined title encompassing both residence and work permits within a single administrative act will contribute to simplifying and harmonising the rules currently applicable in Member States. Such procedural simplification has already been introduced by several Member States and has made for a more efficient procedure both for the migrants and for their employers, and has allowed easier controls of the legality of their residence and employment.

| (4) | In order to allow initial entry into their territory, Member States should be able to issue a single permit or, if they issue single permits only after entry, a visa. Member States should issue such single permits or visas in a timely manner. |
| --- | --- |

(4)

In order to allow initial entry into their territory, Member States should be able to issue a single permit or, if they issue single permits only after entry, a visa. Member States should issue such single permits or visas in a timely manner.

| (5) | A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. |
| --- | --- |

(5)

A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned.

| (6) | The provisions of this Directive should be without prejudice to the competence of the Member States to regulate the admission, including the volumes of admission, of third-country nationals for the purpose of work. |
| --- | --- |

(6)

The provisions of this Directive should be without prejudice to the competence of the Member States to regulate the admission, including the volumes of admission, of third-country nationals for the purpose of work.

| (7) | Posted third-country nationals should not be covered by this Directive. This should not prevent third-country nationals who are legally residing and working in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (4). |
| --- | --- |

(7)

Posted third-country nationals should not be covered by this Directive. This should not prevent third-country nationals who are legally residing and working in a Member State and posted to another Member State from continuing to enjoy equal treatment with respect to nationals of the Member State of origin for the duration of their posting, in respect of those terms and conditions of employment which are not affected by the application of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (4).

| (8) | Third-country nationals who have acquired long-term resident status in accordance with Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents (5) should not be covered by this Directive given their more privileged status and their specific type of residence permit ‘long-term resident-EU’. |
| --- | --- |

(8)

Third-country nationals who have acquired long-term resident status in accordance with Council Directive 2003/109/EC of 25 November 2003 on the status of third-country nationals who are long-term residents (5) should not be covered by this Directive given their more privileged status and their specific type of residence permit ‘long-term resident-EU’.

| (9) | Third-country nationals who have been admitted to the territory of a Member State to work on a seasonal basis should not be covered by this Directive given their temporary status. |
| --- | --- |

(9)

Third-country nationals who have been admitted to the territory of a Member State to work on a seasonal basis should not be covered by this Directive given their temporary status.

| (10) | The obligation on the Member States to determine whether the application is to be made by a third-country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedure. The Member States should decide whether the application for a single permit is to be made in the Member State of destination or from a third country. In cases where the third-country national is not allowed to make an application from a third country, Member States should ensure that the application may be made by the employer in the Member State of destination. |
| --- | --- |

(10)

The obligation on the Member States to determine whether the application is to be made by a third-country national or by his or her employer should be without prejudice to any arrangements requiring both to be involved in the procedure. The Member States should decide whether the application for a single permit is to be made in the Member State of destination or from a third country. In cases where the third-country national is not allowed to make an application from a third country, Member States should ensure that the application may be made by the employer in the Member State of destination.

| (11) | The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas. |
| --- | --- |

(11)

The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas.

| (12) | The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application. |
| --- | --- |

(12)

The designation of the competent authority under this Directive should be without prejudice to the role and responsibilities of other authorities and, where applicable, the social partners, with regard to the examination of, and the decision on, the application.

| (13) | The deadline for adopting a decision on the application should not include the time required for the recognition of professional qualifications or the time required for issuing a visa. This Directive should be without prejudice to national procedures on the recognition of diplomas. |
| --- | --- |

(13)

The deadline for adopting a decision on the application should not include the time required for the recognition of professional qualifications or the time required for issuing a visa. This Directive should be without prejudice to national procedures on the recognition of diplomas.

| (14) | The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/2002, of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (6), enabling Member States to enter further information, in particular as to whether or not the person is permitted to work. A Member State should indicate, inter alia, for the purpose of better control of migration, not only on the single permit but also on all the issued residence permits, the information relating to the permission to work, irrespective of the type of the permit or the residence title on the basis of which the third-country national has been admitted to the territory and has been given access to the labour market of that Member State. |
| --- | --- |

(14)

The single permit should be drawn up in accordance with Council Regulation (EC) No 1030/2002, of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (6), enabling Member States to enter further information, in particular as to whether or not the person is permitted to work. A Member State should indicate, inter alia, for the purpose of better control of migration, not only on the single permit but also on all the issued residence permits, the information relating to the permission to work, irrespective of the type of the permit or the residence title on the basis of which the third-country national has been admitted to the territory and has been given access to the labour market of that Member State.

| (15) | The provisions of this Directive on residence permits for purposes other than work should apply only to the format of such permits and should be without prejudice to Union or national rules on admission procedures and on procedures for issuing such permits. |
| --- | --- |

(15)

The provisions of this Directive on residence permits for purposes other than work should apply only to the format of such permits and should be without prejudice to Union or national rules on admission procedures and on procedures for issuing such permits.

| (16) | The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should not prevent Member States from issuing an additional paper document in order to be able to give more precise information on the employment relationship for which the format of the residence permit leaves insufficient space. Such a document can serve to prevent the exploitation of third-country nationals and combat illegal employment but should be optional for Member States and should not serve as a substitute for a work permit thereby compromising the concept of the single permit. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)16 of the Annex thereto can also be used to store such information in an electronic format. |
| --- | --- |

(16)

The provisions of this Directive on the single permit and on the residence permit issued for purposes other than work should not prevent Member States from issuing an additional paper document in order to be able to give more precise information on the employment relationship for which the format of the residence permit leaves insufficient space. Such a document can serve to prevent the exploitation of third-country nationals and combat illegal employment but should be optional for Member States and should not serve as a substitute for a work permit thereby compromising the concept of the single permit. Technical possibilities offered by Article 4 of Regulation (EC) No 1030/2002 and point (a)16 of the Annex thereto can also be used to store such information in an electronic format.

| (17) | The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective and should be laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasoned. |
| --- | --- |

(17)

The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective and should be laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasoned.

| (18) | Third-country nationals who are in possession of a valid travel document and a single permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to three months in any six-month period in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (7) and Article 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (8) (Schengen Convention). |
| --- | --- |

(18)

Third-country nationals who are in possession of a valid travel document and a single permit issued by a Member State applying the Schengen acquis in full, should be allowed to enter into and move freely within the territory of the Member States applying the Schengen acquis in full, for a period up to three months in any six-month period in accordance with Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (7) and Article 21 of the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (8) (Schengen Convention).

| (19) | In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. With a view to developing further a coherent immigration policy and narrowing the rights gap between citizens of the Union and third-country nationals legally working in a Member State and complementing the existing immigration acquis, a set of rights should be laid down in order, in particular, to specify the fields in which equal treatment between a Member State’s own nationals and such third-country nationals who are not yet long-term residents is provided. Such provisions are intended to establish a minimum level playing field within the Union, to recognise that such third-country nationals contribute to the Union economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between a Member State’s own nationals and third-country nationals resulting from the possible exploitation of the latter. A third–country worker in this Directive should be defined, without prejudice to the interpretation of the concept of employment relationship in other provisions of Union law, as a third-country national who has been admitted to the territory of a Member State, who is legally residing and who is allowed, in the context of a paid relationship, to work there in accordance with national law or practice. |
| --- | --- |

(19)

In the absence of horizontal Union legislation, the rights of third-country nationals vary, depending on the Member State in which they work and on their nationality. With a view to developing further a coherent immigration policy and narrowing the rights gap between citizens of the Union and third-country nationals legally working in a Member State and complementing the existing immigration acquis, a set of rights should be laid down in order, in particular, to specify the fields in which equal treatment between a Member State’s own nationals and such third-country nationals who are not yet long-term residents is provided. Such provisions are intended to establish a minimum level playing field within the Union, to recognise that such third-country nationals contribute to the Union economy through their work and tax payments and to serve as a safeguard to reduce unfair competition between a Member State’s own nationals and third-country nationals resulting from the possible exploitation of the latter. A third–country worker in this Directive should be defined, without prejudice to the interpretation of the concept of employment relationship in other provisions of Union law, as a third-country national who has been admitted to the territory of a Member State, who is legally residing and who is allowed, in the context of a paid relationship, to work there in accordance with national law or practice.

| (20) | All third-country nationals who are legally residing and working in Member States should enjoy at least a common set of rights based on equal treatment with the nationals of their respective host Member State, irrespective of the initial purpose of or basis for admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to a Member State to work but also to those who have been admitted for other purposes and have been given access to the labour market of that Member State in accordance with other provisions of Union or national law, including family members of a third-country worker who are admitted to the Member State in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (9); third-country nationals who are admitted to the territory of a Member State in accordance with Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (10); and researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (11). |
| --- | --- |

(20)

All third-country nationals who are legally residing and working in Member States should enjoy at least a common set of rights based on equal treatment with the nationals of their respective host Member State, irrespective of the initial purpose of or basis for admission. The right to equal treatment in the fields specified by this Directive should be granted not only to those third-country nationals who have been admitted to a Member State to work but also to those who have been admitted for other purposes and have been given access to the labour market of that Member State in accordance with other provisions of Union or national law, including family members of a third-country worker who are admitted to the Member State in accordance with Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (9); third-country nationals who are admitted to the territory of a Member State in accordance with Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (10); and researchers admitted in accordance with Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (11).

| (21) | The right to equal treatment in specified fields should be strictly linked to the third-country national’s legal residence and the access given to the labour market in a Member State, which are enshrined in the single permit encompassing the authorisation to reside and work and in residence permits issued for other purposes containing information on the permission to work. |
| --- | --- |

(21)

The right to equal treatment in specified fields should be strictly linked to the third-country national’s legal residence and the access given to the labour market in a Member State, which are enshrined in the single permit encompassing the authorisation to reside and work and in residence permits issued for other purposes containing information on the permission to work.

| (22) | Working conditions as referred to in this Directive should cover at least pay and dismissal, health and safety at the workplace, working time and leave taking into account collective agreements in force. |
| --- | --- |

(22)

Working conditions as referred to in this Directive should cover at least pay and dismissal, health and safety at the workplace, working time and leave taking into account collective agreements in force.

| (23) | A Member State should recognise professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (12). The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market. |
| --- | --- |

(23)

A Member State should recognise professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (12). The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market.

| (24) | Third-country workers should enjoy equal treatment as regards social security. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (13). The provisions on equal treatment concerning social security in this Directive should also apply to workers admitted to a Member State directly from a third country. Nevertheless, this Directive should not confer on third-country workers more rights than those already provided in existing Union law in the field of social security for third-country nationals who are in cross-border situations. This Directive, furthermore, should not grant rights in relation to situations which lie outside the scope of Union law, such as in relation to family members residing in a third country. This Directive should grant rights only in relation to family members who join third-country workers to reside in a Member State on the basis of family reunification or family members who already reside legally in that Member State. |
| --- | --- |

(24)

Third-country workers should enjoy equal treatment as regards social security. Branches of social security are defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (13). The provisions on equal treatment concerning social security in this Directive should also apply to workers admitted to a Member State directly from a third country. Nevertheless, this Directive should not confer on third-country workers more rights than those already provided in existing Union law in the field of social security for third-country nationals who are in cross-border situations. This Directive, furthermore, should not grant rights in relation to situations which lie outside the scope of Union law, such as in relation to family members residing in a third country. This Directive should grant rights only in relation to family members who join third-country workers to reside in a Member State on the basis of family reunification or family members who already reside legally in that Member State.

| (25) | Member States should ensure at least equal treatment of third-country nationals who are in employment or who, after a minimum period of employment, are registered as unemployed. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred pursuant to Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (14). |
| --- | --- |

(25)

Member States should ensure at least equal treatment of third-country nationals who are in employment or who, after a minimum period of employment, are registered as unemployed. Any restrictions to the equal treatment in the field of social security under this Directive should be without prejudice to the rights conferred pursuant to Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (14).

| (26) | Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law. |
| --- | --- |

(26)

Union law does not limit the power of the Member States to organise their social security schemes. In the absence of harmonisation at Union level, it is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.

| (27) | Equal treatment of third-country workers should not apply to measures in the field of vocational training which are financed under social assistance schemes. |
| --- | --- |

(27)

Equal treatment of third-country workers should not apply to measures in the field of vocational training which are financed under social assistance schemes.

| (28) | This Directive should be applied without prejudice to more favourable provisions contained in Union law and applicable international instruments. |
| --- | --- |

(28)

This Directive should be applied without prejudice to more favourable provisions contained in Union law and applicable international instruments.

| (29) | Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (15) and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (16). |
| --- | --- |

(29)

Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, fortune, birth, disabilities, age or sexual orientation in particular in accordance with Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (15) and Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (16).

| (30) | Since the objectives of this Directive, namely laying down a single application procedure for issuing a single permit for third-country nationals to work in the territory of a Member State and a common set of rights for third-country workers legally residing in a Member State, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the 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 (TEU). 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. |
| --- | --- |

(30)

Since the objectives of this Directive, namely laying down a single application procedure for issuing a single permit for third-country nationals to work in the territory of a Member State and a common set of rights for third-country workers legally residing in a Member State, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of the 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 (TEU). 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.

| (31) | This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6(1) of the TEU. |
| --- | --- |

(31)

This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union in accordance with Article 6(1) of the TEU.

| (32) | In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, 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. |
| --- | --- |

(32)

In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, 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.

| (33) | In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application. |
| --- | --- |

(33)

In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.

| (34) | In accordance with Articles 1 and 2 of the 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 Directive and is not bound by it or subject to its application, |
| --- | --- |

(34)

In accordance with Articles 1 and 2 of the 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 Directive and is not bound by it or subject to its application,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1.   This Directive lays down:

| (a) | a single application procedure for issuing a single permit for third-country nationals to reside for the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control of their status; and |
| --- | --- |

(a)

a single application procedure for issuing a single permit for third-country nationals to reside for the purpose of work in the territory of a Member State, in order to simplify the procedures for their admission and to facilitate the control of their status; and

| (b) | a common set of rights to third-country workers legally residing in a Member State, irrespective of the purposes for which they were initially admitted to the territory of that Member State, based on equal treatment with nationals of that Member State. |
| --- | --- |

(b)

a common set of rights to third-country workers legally residing in a Member State, irrespective of the purposes for which they were initially admitted to the territory of that Member State, based on equal treatment with nationals of that Member State.

2.   This Directive is without prejudice to the Member States’ powers concerning the admission of third-country nationals to their labour markets.

Article 2

Definitions

For the purposes of this Directive, the following definitions apply:

| (a) | ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) TFEU; |
| --- | --- |

(a)

‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) TFEU;

| (b) | ‘third-country worker’ means a third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of a paid relationship in that Member State in accordance with national law or practice; |
| --- | --- |

(b)

‘third-country worker’ means a third-country national who has been admitted to the territory of a Member State and who is legally residing and is allowed to work in the context of a paid relationship in that Member State in accordance with national law or practice;

| (c) | ‘single permit’ means a residence permit issued by the authorities of a Member State allowing a third-country national to reside legally in its territory for the purpose of work; |
| --- | --- |

(c)

‘single permit’ means a residence permit issued by the authorities of a Member State allowing a third-country national to reside legally in its territory for the purpose of work;

| (d) | ‘single application procedure’ means any procedure leading, on the basis of a single application made by a third-country national, or by his or her employer, for the authorisation of residence and work in the territory of a Member State, to a decision ruling on that application for the single permit. |
| --- | --- |

(d)

‘single application procedure’ means any procedure leading, on the basis of a single application made by a third-country national, or by his or her employer, for the authorisation of residence and work in the territory of a Member State, to a decision ruling on that application for the single permit.

Article 3

Scope

1.   This Directive shall apply to:

| (a) | third-country nationals who apply to reside in a Member State for the purpose of work; |
| --- | --- |

(a)

third-country nationals who apply to reside in a Member State for the purpose of work;

| (b) | third-country nationals who have been admitted to a Member State for purposes other than work in accordance with Union or national law, who are allowed to work and who hold a residence permit in accordance with Regulation (EC) No 1030/2002; and |
| --- | --- |

(b)

third-country nationals who have been admitted to a Member State for purposes other than work in accordance with Union or national law, who are allowed to work and who hold a residence permit in accordance with Regulation (EC) No 1030/2002; and

| (c) | third-country nationals who have been admitted to a Member State for the purpose of work in accordance with Union or national law. |
| --- | --- |

(c)

third-country nationals who have been admitted to a Member State for the purpose of work in accordance with Union or national law.

2.   This Directive shall not apply to third-country nationals:

| (a) | who are family members of citizens of the Union who have exercised, or are exercising, their right to free movement within the Union 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 (17); |
| --- | --- |

(a)

who are family members of citizens of the Union who have exercised, or are exercising, their right to free movement within the Union 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 (17);

| (b) | who, together with their family members, and irrespective of their nationality, enjoy rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and the Member States or between the Union and third countries; |
| --- | --- |

(b)

who, together with their family members, and irrespective of their nationality, enjoy rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and the Member States or between the Union and third countries;

| (c) | who are posted for as long as they are posted; |
| --- | --- |

(c)

who are posted for as long as they are posted;

| (d) | who have applied for admission or have been admitted to the territory of a Member State to work as intra-corporate transferees; |
| --- | --- |

(d)

who have applied for admission or have been admitted to the territory of a Member State to work as intra-corporate transferees;

| (e) | who have applied for admission or have been admitted to the territory of a Member State as seasonal workers or au pairs; |
| --- | --- |

(e)

who have applied for admission or have been admitted to the territory of a Member State as seasonal workers or au pairs;

| (f) | who are authorised to reside in a Member State on the basis of temporary protection, or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status; |
| --- | --- |

(f)

who are authorised to reside in a Member State on the basis of temporary protection, or who have applied for authorisation to reside there on that basis and are awaiting a decision on their status;

| (g) | who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (18) or who have applied for international protection under that Directive and whose application has not been the subject of a final decision; |
| --- | --- |

(g)

who are beneficiaries of international protection under Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third-country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (18) or who have applied for international protection under that Directive and whose application has not been the subject of a final decision;

| (h) | who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State or have applied for protection in accordance with national law, international obligations or the practice of a Member State and whose application has not been the subject of a final decision; |
| --- | --- |

(h)

who are beneficiaries of protection in accordance with national law, international obligations or the practice of a Member State or have applied for protection in accordance with national law, international obligations or the practice of a Member State and whose application has not been the subject of a final decision;

| (i) | who are long-term residents in accordance with Directive 2003/109/EC; |
| --- | --- |

(i)

who are long-term residents in accordance with Directive 2003/109/EC;

| (j) | whose removal has been suspended on the basis of fact or law; |
| --- | --- |

(j)

whose removal has been suspended on the basis of fact or law;

| (k) | who have applied for admission or who have been admitted to the territory of a Member State as self-employed workers; |
| --- | --- |

(k)

who have applied for admission or who have been admitted to the territory of a Member State as self-employed workers;

| (l) | who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board of a ship registered in or sailing under the flag of a Member State. |
| --- | --- |

(l)

who have applied for admission or have been admitted as seafarers for employment or work in any capacity on board of a ship registered in or sailing under the flag of a Member State.

3.   Member States may decide that Chapter II does not apply to third-country nationals who have been either authorised to work in the territory of a Member State for a period not exceeding six months or who have been admitted to a Member State for the purpose of study.

4.   Chapter II shall not apply to third-country nationals who are allowed to work on the basis of a visa.

CHAPTER II

SINGLE APPLICATION PROCEDURE AND SINGLE PERMIT

Article 4

Single application procedure

1.   An application to issue, amend or renew a single permit shall be submitted by way of a single application procedure. Member States shall determine whether applications for a single permit are to be made by the third-country national or by the third-country national’s employer. Member States may also decide to allow an application from either of the two. If the application is to be submitted by the third-country national, Member States shall allow the application to be introduced from a third country or, if provided for by national law, in the territory of the Member State in which the third-country national is legally present.

2.   Member States shall examine an application made under paragraph 1 and shall adopt a decision to issue, amend or renew the single permit if the applicant fulfils the requirements specified by Union or national law. A decision to issue, amend or renew the single permit shall constitute a single administrative act combining a residence permit and a work permit.

3.   The single application procedure shall be without prejudice to the visa procedure which may be required for initial entry.

4.   Member States shall issue a single permit, where the conditions provided for are met, to third-country nationals who apply for admission and to third-country nationals already admitted who apply to renew or modify their residence permit after the entry into force of the national implementing provisions.

Article 5

Competent authority

1.   Member States shall designate the authority competent to receive the application and to issue the single permit.

2.   The competent authority shall adopt a decision on the complete application as soon as possible and in any event within four months of the date on which the application was lodged.

The time limit referred to in the first subparagraph may be extended in exceptional circumstances, linked to the complexity of the examination of the application.

Where no decision is taken within the time limit provided for in this paragraph, any consequences shall be determined by national law.

3.   The competent authority shall notify the decision to the applicant in writing in accordance with the notification procedures laid down in the relevant national law.

4.   If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2 shall be suspended until the competent authority or other relevant authorities have received the additional information required. If the additional information or documents is not provided within the deadline set, the competent authority may reject the application.

Article 6

Single permit

1.   Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with point (a)7.5-9 of the Annex thereto.

Member States may indicate additional information related to the employment relationship of the third-country national (such as the name and address of the employer, place of work, type of work, working hours, remuneration) in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a)16 of the Annex thereto.

2.   When issuing the single permit Member States shall not issue additional permits as proof of authorisation to access the labour market.

Article 7

Residence permits issued for purposes other than work

1.   When issuing residence permits in accordance with Regulation (EC) No 1030/2002 Member States shall indicate the information relating to the permission to work irrespective of the type of the permit.

Member States may indicate additional information related to the employment relationship of the third-country national (such as the name and address of the employer, place of work, type of work, working hours, remuneration) in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and point (a)16 of the Annex thereto.

2.   When issuing residence permits in accordance with Regulation (EC) No 1030/2002, Member States shall not issue additional permits as proof of authorisation to access the labour market.

Article 8

Procedural guarantees

1.   Reasons shall be given in the written notification of a decision rejecting an application to issue, amend or renew a single permit, or a decision withdrawing a single permit on the basis of criteria provided for by Union or national law.

2.   A decision rejecting the application to issue, amend or renew or withdrawing a single permit shall be open to legal challenge in the Member State concerned, in accordance with national law. The written notification referred to in paragraph 1 shall specify the court or administrative authority where the person concerned may lodge an appeal and the time limit therefor.

3.   An application may be considered as inadmissible on the grounds of volume of admission of third-country nationals coming for employment and, on that basis, need not to be processed.

Article 9

Access to information

Member States shall provide, upon request, adequate information to the third-country national and the future employer on the documents required to make a complete application.

Article 10

Fees

Member States may require applicants to pay fees, where appropriate, for handling applications in accordance with this Directive. The level of such fees shall be proportionate and may be based on the services actually provided for the processing of applications and the issuance of permits.

Article 11

Rights on the basis of the single permit

Where a single permit has been issued in accordance with national law, it shall authorise, during its period of validity, its holder at least to:

| (a) | enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law; |
| --- | --- |

(a)

enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;

| (b) | have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law; |
| --- | --- |

(b)

have free access to the entire territory of the Member State issuing the single permit within the limits provided for by national law;

| (c) | exercise the specific employment activity authorised under the single permit in accordance with national law; |
| --- | --- |

(c)

exercise the specific employment activity authorised under the single permit in accordance with national law;

| (d) | be informed about the holder’s own rights linked to the permit conferred by this Directive and/or by national law. |
| --- | --- |

(d)

be informed about the holder’s own rights linked to the permit conferred by this Directive and/or by national law.

CHAPTER III

RIGHT TO EQUAL TREATMENT

Article 12

Right to equal treatment

1.   Third-country workers as referred to in points (b) and (c) of Article 3(1) shall enjoy equal treatment with nationals of the Member State where they reside with regard to:

| (a) | working conditions, including pay and dismissal as well as health and safety at the workplace; |
| --- | --- |

(a)

working conditions, including pay and dismissal as well as health and safety at the workplace;

| (b) | freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security; |
| --- | --- |

(b)

freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;

| (c) | education and vocational training; |
| --- | --- |

(c)

education and vocational training;

| (d) | recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures; |
| --- | --- |

(d)

recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures;

| (e) | branches of social security, as defined in Regulation (EC) No 883/2004; |
| --- | --- |

(e)

branches of social security, as defined in Regulation (EC) No 883/2004;

| (f) | tax benefits, in so far as the worker is deemed to be resident for tax purposes in the Member State concerned; |
| --- | --- |

(f)

tax benefits, in so far as the worker is deemed to be resident for tax purposes in the Member State concerned;

| (g) | access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing as provided by national law, without prejudice to the freedom of contract in accordance with Union and national law; |
| --- | --- |

(g)

access to goods and services and the supply of goods and services made available to the public including procedures for obtaining housing as provided by national law, without prejudice to the freedom of contract in accordance with Union and national law;

| (h) | advice services afforded by employment offices. |
| --- | --- |

(h)

advice services afforded by employment offices.

2.   Member States may restrict equal treatment:

| (a) | under point (c) of paragraph 1 by:






  (i) | limiting its application to those third-country workers who are in employment or who have been employed and who are registered as unemployed; |
| --- | --- | --- |

(a)

under point (c) of paragraph 1 by:

(i)

limiting its application to those third-country workers who are in employment or who have been employed and who are registered as unemployed;

| (ii) | excluding those third-country workers who have been admitted to their territory in conformity with Directive 2004/114/EC; |
| --- | --- |

(ii)

excluding those third-country workers who have been admitted to their territory in conformity with Directive 2004/114/EC;

| (iii) | excluding study and maintenance grants and loans or other grants and loans; |
| --- | --- |

(iii)

excluding study and maintenance grants and loans or other grants and loans;

| (iv) | laying down specific prerequisites including language proficiency and the payment of tuition fees, in accordance with national law, with respect to access to university and post-secondary education and to vocational training which is not directly linked to the specific employment activity; |
| --- | --- |

(iv)

laying down specific prerequisites including language proficiency and the payment of tuition fees, in accordance with national law, with respect to access to university and post-secondary education and to vocational training which is not directly linked to the specific employment activity;

| (b) | by limiting the rights conferred on third-country workers under point (e) of paragraph 1, but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed.
  In addition, Member States may decide that point (e) of paragraph 1 with regard to family benefits shall not apply to third-country nationals who have been authorised to work in the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study, or to third-country nationals who are allowed to work on the basis of a visa. |
| --- | --- |

(b)

by limiting the rights conferred on third-country workers under point (e) of paragraph 1, but shall not restrict such rights for third-country workers who are in employment or who have been employed for a minimum period of six months and who are registered as unemployed.

In addition, Member States may decide that point (e) of paragraph 1 with regard to family benefits shall not apply to third-country nationals who have been authorised to work in the territory of a Member State for a period not exceeding six months, to third-country nationals who have been admitted for the purpose of study, or to third-country nationals who are allowed to work on the basis of a visa.

| (c) | under point (f) of paragraph 1 with respect to tax benefits by limiting its application to cases where the registered or usual place of residence of the family members of the third-country worker for whom he/she claims benefits, lies in the territory of the Member State concerned. |
| --- | --- |

(c)

under point (f) of paragraph 1 with respect to tax benefits by limiting its application to cases where the registered or usual place of residence of the family members of the third-country worker for whom he/she claims benefits, lies in the territory of the Member State concerned.

| (d) | under point (g) of paragraph 1 by:






  (i) | limiting its application to those third-country workers who are in employment; |
| --- | --- | --- |

(d)

under point (g) of paragraph 1 by:

(i)

limiting its application to those third-country workers who are in employment;

| (ii) | restricting access to housing; |
| --- | --- |

(ii)

restricting access to housing;

3.   The right to equal treatment laid down in paragraph 1 shall be without prejudice to the right of the Member State to withdraw or to refuse to renew the residence permit issued under this Directive, the residence permit issued for purposes other than work, or any other authorisation to work in a Member State.

4.   Third-country workers moving to a third country, or their survivors who reside in a third country and who derive rights from those workers, shall receive, in relation to old age, invalidity and death, statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country.

CHAPTER IV

FINAL PROVISIONS

Article 13

More favourable provisions

1.   This Directive shall apply without prejudice to more favourable provisions of:

| (a) | Union law, including bilateral and multilateral agreements between the Union, or the Union and its Member States, on the one hand and one or more third countries on the other; and |
| --- | --- |

(a)

Union law, including bilateral and multilateral agreements between the Union, or the Union and its Member States, on the one hand and one or more third countries on the other; and

| (b) | bilateral or multilateral agreements between one or more Member States and one or more third countries. |
| --- | --- |

(b)

bilateral or multilateral agreements between one or more Member States and one or more third countries.

2.   This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies.

Article 14

Information to the general public

Each Member State shall make available to the general public a regularly updated set of information concerning the conditions of third-country nationals’ admission to and residence in its territory in order to work there.

Article 15

Reporting

1.   Periodically, and for the first time by 25 December 2016, the Commission shall present a report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose amendments it deems necessary.

2.   Annually, and for the first time by 25 December 2014, Member States shall communicate to the Commission statistics on the volumes of third-country nationals who have been granted a single permit during the previous calendar year, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection (19).

Article 16

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 25 December 2013. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those measures, they shall contain a reference to this Directive or shall 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.

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

Article 17

Entry into force

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

Article 18

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

Done at Strasbourg, 13 December 2011.

For the European Parliament

The President

J. BUZEK

For the Council

The President

M. SZPUNAR

---

(1)  OJ C 27, 3.2.2009, p. 114.

1

(2)  OJ C 257, 9.10.2008, p. 20.

2

(3)  Position of the European Parliament of 24 March 2011 (not yet published in the Official Journal) and position of the Council at first reading of 24 November 2011 (not yet published in the Official Journal). Position of the European Parliament of 13 December 2011 (not yet published in the Official Journal).

3

(4)  OJ L 18, 21.1.1997, p. 1.

4

(5)  OJ L 16, 23.1.2004, p. 44.

5

(6)  OJ L 157, 15.6.2002, p. 1.

6

(7)  OJ L 105, 13.4.2006, p. 1.

7

(8)  OJ L 239, 22.9.2000, p. 19.

8

(9)  OJ L 251, 3.10.2003, p. 12.

9

(10)  OJ L 375, 23.12.2004, p. 12.

10

(11)  OJ L 289, 3.11.2005, p. 15.

11

(12)  OJ L 255, 30.9.2005, p. 22.

12

(13)  OJ L 166, 30.4.2004, p. 1.

13

(14)  OJ L 344, 29.12.2010, p. 1.

14

(15)  OJ L 180, 19.7.2000, p. 22.

15

(16)  OJ L 303, 2.12.2000, p. 16.

16

(17)  OJ L 158, 30.4.2004, p. 77.

17

(18)  OJ L 304, 30.9.2004, p. 12.

18

(19)  OJ L 199, 31.7.2007, p. 23.

19

---

II Non-legislative acts

REGULATIONS

| 23.12.2011 | EN | Official Journal of the European Union | L 343/10 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/10

---

COUNCIL IMPLEMENTING REGULATION (EU) No 1375/2011

of 22 December 2011

implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) No 687/2011

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,

Whereas:

| (1) | On 18 July 2011, the Council adopted Implementing Regulation (EU) No 687/2011 implementing Article 2(3) of Regulation (EC) No 2580/2001 (2), establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies. |
| --- | --- |

(1)

On 18 July 2011, the Council adopted Implementing Regulation (EU) No 687/2011 implementing Article 2(3) of Regulation (EC) No 2580/2001 (2), establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies.

| (2) | The Council has provided all the persons, groups and entities for which it was practically possible with statements of reasons explaining why they were listed in Implementing Regulation (EU) No 687/2011. |
| --- | --- |

(2)

The Council has provided all the persons, groups and entities for which it was practically possible with statements of reasons explaining why they were listed in Implementing Regulation (EU) No 687/2011.

| (3) | By way of a notice published in the Official Journal of the European Union
   (3), the Council informed the persons, groups and entities listed in Implementing Regulation (EU) No 687/2011 that it had decided to keep them on the list. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council's reasons for putting them on the list where one had not already been communicated to them. In the case of certain person and groups an amended statement of reasons was made available. |
| --- | --- |

(3)

By way of a notice published in the Official Journal of the European Union
   (3), the Council informed the persons, groups and entities listed in Implementing Regulation (EU) No 687/2011 that it had decided to keep them on the list. The Council also informed the persons, groups and entities concerned that it was possible to request a statement of the Council's reasons for putting them on the list where one had not already been communicated to them. In the case of certain person and groups an amended statement of reasons was made available.

| (4) | The Council has carried out a complete review of the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, as required by Article 2(3) of that Regulation. When doing so it took account of observations submitted to the Council by those concerned. |
| --- | --- |

(4)

The Council has carried out a complete review of the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, as required by Article 2(3) of that Regulation. When doing so it took account of observations submitted to the Council by those concerned.

| (5) | The Council has concluded that the persons, groups and entities listed in the Annex to this Regulation have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (4), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001. |
| --- | --- |

(5)

The Council has concluded that the persons, groups and entities listed in the Annex to this Regulation have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (4), that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001.

| (6) | The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly and Implementing Regulation (EU) No 687/2011 should be repealed, |
| --- | --- |

(6)

The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly and Implementing Regulation (EU) No 687/2011 should be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be replaced by the list set out in the Annex to this Regulation.

Article 2

Implementing Regulation (EU) No 687/2011 is hereby repealed.

Article 3

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

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

Done at Brussels, 22 December 2011.

For the Council

The President

M. DOWGIELEWICZ

---

(1)  OJ L 344, 28.12.2001, p. 70.

1

(2)  OJ L 188, 19.7.2011, p. 2.

2

(3)  OJ C 212, 19.7.2011, p. 20.

3

(4)  OJ L 344, 28.12.2001, p. 93.

4

---

ANNEX

List of persons, groups and entities referred to in Article 1

1.   PERSONS

| 1. | ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born August 11, 1960 in Iran. Passport: D9004878. |
| --- | --- |

1.

ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born August 11, 1960 in Iran. Passport: D9004878.

| 2. | ABOU, Rabah Naami (a.k.a. Naami Hamza, a.k.a. Mihoubi Faycal, a.k.a. Fellah Ahmed, a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

2.

ABOU, Rabah Naami (a.k.a. Naami Hamza, a.k.a. Mihoubi Faycal, a.k.a. Fellah Ahmed, a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 3. | ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria), – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

3.

ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria), – member of "al-Takfir" and "al-Hijra"

| 4. | AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia |
| --- | --- |

4.

AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia

| 5. | AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia |
| --- | --- |

5.

AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia

| 6. | ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID no.: 07442833, expiry date 15 March 2016 (USA driving licence). |
| --- | --- |

6.

ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID no.: 07442833, expiry date 15 March 2016 (USA driving licence).

| 7. | ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

7.

ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) – member of "al-Takfir" and "al-Hijra"

| 8. | ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

8.

ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) – member of "al-Takfir" and "al-Hijra"

| 9. | ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

9.

ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) – member of "al-Takfir" and "al-Hijra"

| 10. | BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the "Hofstadgroep" |
| --- | --- |

10.

BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the "Hofstadgroep"

| 11. | DARIB, Noureddine (a.k.a. Carreto, a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

11.

DARIB, Noureddine (a.k.a. Carreto, a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria – member of "al-Takfir" and "al-Hijra"

| 12. | DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

12.

DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria – member of "al-Takfir" and "al-Hijra"

| 13. | FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

13.

FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 14. | IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon |
| --- | --- |

14.

IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon

| 15. | MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555 |
| --- | --- |

15.

MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555

| 16. | MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

16.

MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) – member of "al-Takfir" and "al-Hijra"

| 17. | NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

17.

NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 18. | RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

18.

RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 19. | SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

19.

SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 20. | SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

20.

SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 21. | SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

21.

SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) – member of "al-Takfir" and "al-Hijra"

| 22. | SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran. |
| --- | --- |

22.

SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

| 23. | SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran |
| --- | --- |

23.

SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran

| 24. | SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General. |
| --- | --- |

24.

SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

| 25. | TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

25.

TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) – member of "al-Takfir" and "al-Hijra"

| 26. | WALTERS, Jason Theodore James (a.k.a. Abdullah, a.k.a. David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No. NE8146378 – member of the "Hofstadgroep" |
| --- | --- |

26.

WALTERS, Jason Theodore James (a.k.a. Abdullah, a.k.a. David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No. NE8146378 – member of the "Hofstadgroep"

2.   GROUPS AND ENTITIES

| 1. | "Abu Nidal Organisation" – "ANO" (a.k.a. "Fatah Revolutionary Council", a.k.a. "Arab Revolutionary Brigades", a.k.a. "Black September", a.k.a. "Revolutionary Organisation of Socialist Muslims") |
| --- | --- |

1.

"Abu Nidal Organisation" – "ANO" (a.k.a. "Fatah Revolutionary Council", a.k.a. "Arab Revolutionary Brigades", a.k.a. "Black September", a.k.a. "Revolutionary Organisation of Socialist Muslims")

| 2. | "Al-Aqsa Martyrs' Brigade" |
| --- | --- |

2.

"Al-Aqsa Martyrs' Brigade"

| 3. | "Al-Aqsa e.V." |
| --- | --- |

3.

"Al-Aqsa e.V."

| 4. | "Al-Takfir" and "Al-Hijra" |
| --- | --- |

4.

"Al-Takfir" and "Al-Hijra"

| 5. | "Babbar Khalsa" |
| --- | --- |

5.

"Babbar Khalsa"

| 6. | "Communist Party of the Philippines", including "New People's Army" – "NPA", Philippines |
| --- | --- |

6.

"Communist Party of the Philippines", including "New People's Army" – "NPA", Philippines

| 7. | "Gama'a al-Islamiyya" (a.k.a. "Al-Gama'a al-Islamiyya") ("Islamic Group" – "IG") |
| --- | --- |

7.

"Gama'a al-Islamiyya" (a.k.a. "Al-Gama'a al-Islamiyya") ("Islamic Group" – "IG")

| 8. | "İslami Büyük Doğu Akıncılar Cephesi" – "IBDA-C" ("Great Islamic Eastern Warriors Front") |
| --- | --- |

8.

"İslami Büyük Doğu Akıncılar Cephesi" – "IBDA-C" ("Great Islamic Eastern Warriors Front")

| 9. | "Hamas", including "Hamas-Izz al-Din al-Qassem" |
| --- | --- |

9.

"Hamas", including "Hamas-Izz al-Din al-Qassem"

| 10. | "Hizbul Mujahideen" – "HM" |
| --- | --- |

10.

"Hizbul Mujahideen" – "HM"

| 11. | "Hofstadgroep" |
| --- | --- |

11.

"Hofstadgroep"

| 12. | "Holy Land Foundation for Relief and Development" |
| --- | --- |

12.

"Holy Land Foundation for Relief and Development"

| 13. | "International Sikh Youth Federation" – "ISYF" |
| --- | --- |

13.

"International Sikh Youth Federation" – "ISYF"

| 14. | "Khalistan Zindabad Force" – "KZF" |
| --- | --- |

14.

"Khalistan Zindabad Force" – "KZF"

| 15. | "Kurdistan Workers' Party" – "PKK", (a.k.a. "KADEK", a.k.a. "KONGRA-GEL") |
| --- | --- |

15.

"Kurdistan Workers' Party" – "PKK", (a.k.a. "KADEK", a.k.a. "KONGRA-GEL")

| 16. | "Liberation Tigers of Tamil Eelam" – "LTTE" |
| --- | --- |

16.

"Liberation Tigers of Tamil Eelam" – "LTTE"

| 17. | "Ejército de Liberación Nacional" ("National Liberation Army") |
| --- | --- |

17.

"Ejército de Liberación Nacional" ("National Liberation Army")

| 18. | "Palestinian Islamic Jihad" – "PIJ" |
| --- | --- |

18.

"Palestinian Islamic Jihad" – "PIJ"

| 19. | "Popular Front for the Liberation of Palestine" – "PFLP" |
| --- | --- |

19.

"Popular Front for the Liberation of Palestine" – "PFLP"

| 20. | "Popular Front for the Liberation of Palestine – General Command" (a.k.a. "PFLP – General Command") |
| --- | --- |

20.

"Popular Front for the Liberation of Palestine – General Command" (a.k.a. "PFLP – General Command")

| 21. | "Fuerzas armadas revolucionarias de Colombia" – "FARC" ("Revolutionary Armed Forces of Colombia") |
| --- | --- |

21.

"Fuerzas armadas revolucionarias de Colombia" – "FARC" ("Revolutionary Armed Forces of Colombia")

| 22. | "Devrimci Halk Kurtuluș Partisi-Cephesi" – "DHKP/C" (a.k.a. "Devrimci Sol" ("Revolutionary Left"), a.k.a. "Dev Sol") ("Revolutionary People's Liberation Army/Front/Party") |
| --- | --- |

22.

"Devrimci Halk Kurtuluș Partisi-Cephesi" – "DHKP/C" (a.k.a. "Devrimci Sol" ("Revolutionary Left"), a.k.a. "Dev Sol") ("Revolutionary People's Liberation Army/Front/Party")

| 23. | "Sendero Luminoso" – "SL" ("Shining Path") |
| --- | --- |

23.

"Sendero Luminoso" – "SL" ("Shining Path")

| 24. | "Stichting Al Aqsa" (a.k.a. "Stichting Al Aqsa Nederland", a.k.a. "Al Aqsa Nederland") |
| --- | --- |

24.

"Stichting Al Aqsa" (a.k.a. "Stichting Al Aqsa Nederland", a.k.a. "Al Aqsa Nederland")

| 25. | "Teyrbazen Azadiya Kurdistan" – "TAK" (a.k.a. "Kurdistan Freedom Falcons", a.k.a. "Kurdistan Freedom Hawks") |
| --- | --- |

25.

"Teyrbazen Azadiya Kurdistan" – "TAK" (a.k.a. "Kurdistan Freedom Falcons", a.k.a. "Kurdistan Freedom Hawks")

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/14 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/14

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1376/2011

of 20 December 2011

entering a name in the register of protected designations of origin and protected geographical indications (Mongeta del Ganxet (PDO))

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Mongeta del Ganxet’ was published in the Official Journal of the European Union
   (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Mongeta del Ganxet’ was published in the Official Journal of the European Union
   (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following 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, 20 December 2011.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  OJ L 93, 31.3.2006, p. 12.

1

(2)  OJ C 124, 27.4.2011, p. 16.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN

Mongeta del Ganxet (PDO)

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/16 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/16

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1377/2011

of 20 December 2011

entering a name in the register of protected designations of origin and protected geographical indications [Salva Cremasco (PDO)]

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy's application to register the name ‘Salva Cremasco’ was published in the Official Journal of the European Union
   (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy's application to register the name ‘Salva Cremasco’ was published in the Official Journal of the European Union
   (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

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

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

Done at Brussels, 20 December 2011.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  OJ L 93, 31.3.2006, p. 12.

1

(2)  OJ C 124, 27.4.2011, p. 20.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheese

ITALY

Salva Cremasco (PDO)

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/18 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/18

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1378/2011

of 20 December 2011

entering a name in the register of protected designations of origin and protected geographical indications (Rheinisches Apfelkraut (PGI))

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Rheinisches Apfelkraut’ was published in the Official Journal of the European Union
   (2). |
| --- | --- |

(1)

Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Rheinisches Apfelkraut’ was published in the Official Journal of the European Union
   (2).

| (2) | As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation is hereby entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following 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, 20 December 2011.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  OJ L 93, 31.3.2006, p. 12.

1

(2)  OJ C 129, 30.4.2011, p. 23.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

GERMANY

Rheinisches Apfelkraut (PGI)

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/20 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/20

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1379/2011

of 20 December 2011

amending Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 as regards the CN codes and the product codes of the agricultural product nomenclature for export refunds in the beef and veal, egg and poultrymeat sectors

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 134, 161(3), 170 and 192(2), in conjunction with Article 4 thereof,

Whereas:

| (1) | Commission Regulations (EC) No 382/2008 (2), (EU) No 1178/2010 (3) and (EU) No 90/2011 (4) lay down rules for the system of export licences in relation to export refunds in the beef and veal, egg and poultrymeat sectors respectively. Those Regulations refer to CN codes and product codes of the agricultural product nomenclature for export refunds in order to indicate the products which are subject, or not subject, to the presentation of an export licence when an export refund is requested. |
| --- | --- |

(1)

Commission Regulations (EC) No 382/2008 (2), (EU) No 1178/2010 (3) and (EU) No 90/2011 (4) lay down rules for the system of export licences in relation to export refunds in the beef and veal, egg and poultrymeat sectors respectively. Those Regulations refer to CN codes and product codes of the agricultural product nomenclature for export refunds in order to indicate the products which are subject, or not subject, to the presentation of an export licence when an export refund is requested.

| (2) | Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (5) was amended by Commission Regulation (EU) No 1006/2011 (6). |
| --- | --- |

(2)

Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (5) was amended by Commission Regulation (EU) No 1006/2011 (6).

| (3) | Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (7) was amended by Commission Implementing Regulation (EU) No 1334/2011 (8). |
| --- | --- |

(3)

Commission Regulation (EEC) No 3846/87 of 17 December 1987 establishing an agricultural product nomenclature for export refunds (7) was amended by Commission Implementing Regulation (EU) No 1334/2011 (8).

| (4) | Consequently, the CN codes and product codes used in Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 need to be adapted to those used in Annex I to Regulation (EEC) No 2658/87 as amended by Regulation (EU) No 1006/2011 and in Regulation (EEC) No 3846/87 as amended by Implementing Regulation (EU) No 1334/2011. |
| --- | --- |

(4)

Consequently, the CN codes and product codes used in Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 need to be adapted to those used in Annex I to Regulation (EEC) No 2658/87 as amended by Regulation (EU) No 1006/2011 and in Regulation (EEC) No 3846/87 as amended by Implementing Regulation (EU) No 1334/2011.

| (5) | Regulation (EC) No 382/2008 also uses CN codes in the framework of import licences. For consistency reasons, it is appropriate to amend those codes as well. |
| --- | --- |

(5)

Regulation (EC) No 382/2008 also uses CN codes in the framework of import licences. For consistency reasons, it is appropriate to amend those codes as well.

| (6) | Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 should therefore be amended accordingly. |
| --- | --- |

(6)

Regulations (EC) No 382/2008, (EU) No 1178/2010 and (EU) No 90/2011 should therefore be amended accordingly.

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

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 382/2008 is amended as follows:

| (1) | in Article 2(2), ‘CN codes 0102 90 05 to 0102 90 49’ is replaced by ‘CN codes 0102 29 10 to 0102 29 49, ex 0102 39 10 of a weight not exceeding 300 kg and ex 0102 90 91 of a weight not exceeding 300 kg’; |
| --- | --- |

(1)

in Article 2(2), ‘CN codes 0102 90 05 to 0102 90 49’ is replaced by ‘CN codes 0102 29 10 to 0102 29 49, ex 0102 39 10 of a weight not exceeding 300 kg and ex 0102 90 91 of a weight not exceeding 300 kg’;

| (2) | Article 10 is amended as follows:






  (a) | in point (a) of paragraph 1, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’; and ‘CN codes 0102 90 and ex 1602’ is replaced by ‘CN codes 0102 29, 0102 39 10, 0102 90 91 and ex 1602’; |
| --- | --- | --- |

(2)

Article 10 is amended as follows:

(a)

in point (a) of paragraph 1, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’; and ‘CN codes 0102 90 and ex 1602’ is replaced by ‘CN codes 0102 29, 0102 39 10, 0102 90 91 and ex 1602’;

| (b) | in point (a) of paragraph 2, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’; |
| --- | --- |

(b)

in point (a) of paragraph 2, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’;

| (c) | in paragraph 3, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’; |
| --- | --- |

(c)

in paragraph 3, ‘CN code 0102 10’ is replaced by ‘CN codes 0102 21, 0102 31 00 and 0102 90 20’;

| (3) | Annex I is replaced by the text in Annex I to this Regulation; |
| --- | --- |

(3)

Annex I is replaced by the text in Annex I to this Regulation;

| (4) | in Annex V, the first group of product categories is replaced by the following:






  ‘Product category | CN code |
| --- | --- | --- |
| 110. | 0102 29 10, ex 0102 39 10 of a weight not exceeding 80 kg and ex 0102 90 91 of a weight not exceeding 80 kg |
| 120. | 0102 29 21 and 0102 29 29, ex 0102 39 10 of a weight exceeding 80 kg but not exceeding 160 kg and ex 0102 90 91 of a weight exceeding 80 kg but not exceeding 160 kg |
| 130. | 0102 29 41 and 0102 29 49, ex 0102 39 10 of a weight exceeding 160 kg but not exceeding 300 kg and ex 0102 90 91 of a weight exceeding 160 kg but not exceeding 300 kg |
| 140. | 0102 29 51 to 0102 29 99, ex 0102 39 10 of a weight exceeding 300 kg and ex 0102 90 91 of a weight exceeding 300 kg’; |

(4)

in Annex V, the first group of product categories is replaced by the following:

‘Product category

CN code

110.

0102 29 10, ex 0102 39 10 of a weight not exceeding 80 kg and ex 0102 90 91 of a weight not exceeding 80 kg

120.

0102 29 21 and 0102 29 29, ex 0102 39 10 of a weight exceeding 80 kg but not exceeding 160 kg and ex 0102 90 91 of a weight exceeding 80 kg but not exceeding 160 kg

130.

0102 29 41 and 0102 29 49, ex 0102 39 10 of a weight exceeding 160 kg but not exceeding 300 kg and ex 0102 90 91 of a weight exceeding 160 kg but not exceeding 300 kg

140.

0102 29 51 to 0102 29 99, ex 0102 39 10 of a weight exceeding 300 kg and ex 0102 90 91 of a weight exceeding 300 kg’;

| (5) | in Annex VI, the first group of product categories is replaced by the following:






  ‘Category | Product code |
| --- | --- | --- |
| 011. | 0102 21 10 9140, 0102 21 30 9140, 0102 31 00 9100, 0102 90 20 9100, 0102 31 00 9200 and 0102 90 20 9200 |
| 021. | 0102 21 10 9150, 0102 21 30 9150, 0102 21 90 9120, 0102 31 00 9150, 0102 31 00 9250, 0102 31 00 9300, 0102 90 20 9150, 0102 90 20 9250 and 0102 90 20 9300 |
| 031. | 0102 29 91 9000, 0102 39 10 9350 and 0102 90 91 9350 |
| 041. | 0102 29 41 9100, 0102 29 51 9000, 0102 29 59 9000, 0102 29 61 9000, 0102 29 69 9000, 0102 29 99 9000, 0102 39 10 9100, 0102 39 10 9150, 0102 39 10 9200, 0102 39 10 9250, 0102 39 10 9400, 0102 90 91 9100, 0102 90 91 9150, 0102 90 91 9200, 0102 90 91 9250, 0102 90 91 9300 and 0102 90 91 9400’. |

(5)

in Annex VI, the first group of product categories is replaced by the following:

‘Category

Product code

011.

0102 21 10 9140, 0102 21 30 9140, 0102 31 00 9100, 0102 90 20 9100, 0102 31 00 9200 and 0102 90 20 9200

021.

0102 21 10 9150, 0102 21 30 9150, 0102 21 90 9120, 0102 31 00 9150, 0102 31 00 9250, 0102 31 00 9300, 0102 90 20 9150, 0102 90 20 9250 and 0102 90 20 9300

031.

0102 29 91 9000, 0102 39 10 9350 and 0102 90 91 9350

041.

0102 29 41 9100, 0102 29 51 9000, 0102 29 59 9000, 0102 29 61 9000, 0102 29 69 9000, 0102 29 99 9000, 0102 39 10 9100, 0102 39 10 9150, 0102 39 10 9200, 0102 39 10 9250, 0102 39 10 9400, 0102 90 91 9100, 0102 90 91 9150, 0102 90 91 9200, 0102 90 91 9250, 0102 90 91 9300 and 0102 90 91 9400’.

Article 2

Regulation (EU) No 1178/2010 is amended as follows:

| (1) | in Article 1, ‘CN codes 0407 00 11 and 0407 00 19’ is replaced by ‘CN codes 0407 11 00, 0407 19 11 and 0407 19 19’; |
| --- | --- |

(1)

in Article 1, ‘CN codes 0407 00 11 and 0407 00 19’ is replaced by ‘CN codes 0407 11 00, 0407 19 11 and 0407 19 19’;

| (2) | in Article 8(1), ‘CN codes 0407 00 11 and 0407 00 19’ is replaced by ‘CN codes 0407 11 00, 0407 19 11 and 0407 19 19’; |
| --- | --- |

(2)

in Article 8(1), ‘CN codes 0407 00 11 and 0407 00 19’ is replaced by ‘CN codes 0407 11 00, 0407 19 11 and 0407 19 19’;

| (3) | Annex I is replaced by the text in Annex II to this Regulation. |
| --- | --- |

(3)

Annex I is replaced by the text in Annex II to this Regulation.

Article 3

Regulation (EU) No 90/2011 is amended as follows:

| (1) | in Article 1, ‘CN codes 0105 11, 0105 12 and 0105 19’ is replaced by ‘CN codes 0105 11, 0105 12 00, 0105 13 00, 0105 14 00 and 0105 15 00’; |
| --- | --- |

(1)

in Article 1, ‘CN codes 0105 11, 0105 12 and 0105 19’ is replaced by ‘CN codes 0105 11, 0105 12 00, 0105 13 00, 0105 14 00 and 0105 15 00’;

| (2) | in Article 8(1), ‘CN codes 0105 11, 0105 12 and 0105 19’is replaced by ‘CN codes 0105 11, 0105 12 00, 0105 13 00, 0105 14 00 and 0105 15 00’; |
| --- | --- |

(2)

in Article 8(1), ‘CN codes 0105 11, 0105 12 and 0105 19’is replaced by ‘CN codes 0105 11, 0105 12 00, 0105 13 00, 0105 14 00 and 0105 15 00’;

| (3) | Annex I is replaced by the text in Annex III to this Regulation. |
| --- | --- |

(3)

Annex I is replaced by the text in Annex III to this Regulation.

Article 4

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

It shall apply from 1 January 2012.

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

Done at Brussels, 20 December 2011.

For the Commission, On behalf of the President,

Dacian CIOLOȘ

Member of the Commission

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 115, 29.4.2008, p. 10.

2

(3)  OJ L 328, 14.12.2010, p. 1.

3

(4)  OJ L 30, 4.2.2011, p. 1.

4

(5)  OJ L 256, 7.9.1987, p. 1.

5

(6)  OJ L 282, 28.10.2011, p. 1.

6

(7)  OJ L 366, 24.12.1987, p. 1.

7

(8)  OJ L 336, 20.12.2011, p. 35.

8

---

ANNEX I

Annex I of Regulation (EC) No 382/2008 is replaced as follows:

‘ANNEX I

List referred to in Article 5(1)

| — | 0102 29 10, ex 0102 39 10 of a weight not exceeding 80 kg and ex 0102 90 91 of a weight not exceeding 80 kg, |
| --- | --- |

—

0102 29 10, ex 0102 39 10 of a weight not exceeding 80 kg and ex 0102 90 91 of a weight not exceeding 80 kg,

| — | 0102 29 21, 0102 29 29, ex 0102 39 10 of a weight exceeding 80 kg but not exceeding 160 kg and 0102 90 91 of a weight exceeding 80 kg but not exceeding 160 kg, |
| --- | --- |

—

0102 29 21, 0102 29 29, ex 0102 39 10 of a weight exceeding 80 kg but not exceeding 160 kg and 0102 90 91 of a weight exceeding 80 kg but not exceeding 160 kg,

| — | 0102 29 41 to 0102 29 49, ex 0102 39 10 of a weight exceeding 160 kg but not exceeding 300 kg and ex 0102 90 91 of a weight exceeding 160 kg but not exceeding 300 kg, |
| --- | --- |

—

0102 29 41 to 0102 29 49, ex 0102 39 10 of a weight exceeding 160 kg but not exceeding 300 kg and ex 0102 90 91 of a weight exceeding 160 kg but not exceeding 300 kg,

| — | 0102 29 51 to 0102 29 99, ex 0102 39 10 of a weight exceeding 300 kg and ex 0102 90 91 of a weight exceeding 300 kg, |
| --- | --- |

—

0102 29 51 to 0102 29 99, ex 0102 39 10 of a weight exceeding 300 kg and ex 0102 90 91 of a weight exceeding 300 kg,

| — | 0201 10 00, 0201 20 20, |
| --- | --- |

—

0201 10 00, 0201 20 20,

| — | 0201 20 30, |
| --- | --- |

—

0201 20 30,

| — | 0201 20 50, |
| --- | --- |

—

0201 20 50,

| — | 0201 20 90, |
| --- | --- |

—

0201 20 90,

| — | 0201 30 00, 0206 10 95, |
| --- | --- |

—

0201 30 00, 0206 10 95,

| — | 0202 10 00, 0202 20 10, |
| --- | --- |

—

0202 10 00, 0202 20 10,

| — | 0202 20 30, |
| --- | --- |

—

0202 20 30,

| — | 0202 20 50, |
| --- | --- |

—

0202 20 50,

| — | 0202 20 90, |
| --- | --- |

—

0202 20 90,

| — | 0202 30 10, |
| --- | --- |

—

0202 30 10,

| — | 0202 30 50, |
| --- | --- |

—

0202 30 50,

| — | 0202 30 90, |
| --- | --- |

—

0202 30 90,

| — | 0206 29 91, |
| --- | --- |

—

0206 29 91,

| — | 0210 20 10, |
| --- | --- |

—

0210 20 10,

| — | 0210 20 90, 0210 99 51, 0210 99 90, |
| --- | --- |

—

0210 20 90, 0210 99 51, 0210 99 90,

| — | 1602 50 10, 1602 90 61, |
| --- | --- |

—

1602 50 10, 1602 90 61,

| — | 1602 50 31, |
| --- | --- |

—

1602 50 31,

| — | 1602 50 95, |
| --- | --- |

—

1602 50 95,

| — | 1602 90 69.’ |
| --- | --- |

—

1602 90 69.’

---

ANNEX II

Annex I of Regulation (EU) No 1178/2010 is replaced as follows:

‘ANNEX I

| Product code of the agricultural product nomenclature for export refunds (1) | Category | Rate of the security
  (EUR/100 kg net weight) |
| --- | --- | --- |
| 040719119000 | 1 | — |
| 040711009000
  040719199000 | 2 | — |
| 040721009000
  040729109000
  040790109000 | 3 | 3 (2)

  2 (3) |
| 040811809100 | 4 | 10 |
| 040819819100
  040819899100 | 5 | 5 |
| 040891809100 | 6 | 15 |
| 040899809100 | 7 | 4 |

Product code of the agricultural product nomenclature for export refunds (1)

Category

Rate of the security

(EUR/100 kg net weight)

040719119000

1

—

040711009000

040719199000

2

—

040721009000

040729109000

040790109000

3

3 (2)

2 (3)

040811809100

4

10

040819819100

040819899100

5

5

040891809100

6

15

040899809100

7

4

---

(1)  Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), part 8.

1

(2)  For destinations shown in Annex V.

2

(3)  Other destinations.’

3

---

ANNEX III

Annex I of Regulation (EU) No 90/2011 is replaced as follows:

‘ANNEX I

| Product code of the agricultural product nomenclature for export refunds (1) | Category | Rate of the security
  (EUR/100 kg net weight) |
| --- | --- | --- |
| 010511119000
  010511199000
  010511919000
  010511999000 | 1 | — |
| 010512009000
  010514009000 | 2 | — |
| 020712109900 | 3 | 6 (2) |
| 020712909990 | 6 (3) |
| 020712909190 | 6 (4) |
| 020725109000
  020725909000 | 5 | 3 |
| 020714209900
  020714609900
  020714709190
  020714709290 | 6(a) (4) | 2 |
| 020714209900
  020714609900
  020714709190
  020714709290 | 6(b) (5) | 2 |
| 020727109990 | 7 | 3 |
| 020727609000
  020727709000 | 8 | 3 |

Product code of the agricultural product nomenclature for export refunds (1)

Category

Rate of the security

(EUR/100 kg net weight)

010511119000

010511199000

010511919000

010511999000

1

—

010512009000

010514009000

2

—

020712109900

3

6 (2)

020712909990

6 (3)

020712909190

6 (4)

020725109000

020725909000

5

3

020714209900

020714609900

020714709190

020714709290

6(a) (4)

2

020714209900

020714609900

020714709190

020714709290

6(b) (5)

2

020727109990

7

3

020727609000

020727709000

8

3

---

(1)  Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), part 7.

1

(2)  For destinations shown in Annex VII.

2

(3)  Destinations other than those shown in Annexes VII and VIII.

3

(4)  Destinations shown in Annex VIII.

4

(5)  Destinations other than those shown in Annex VIII.’

5

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/25 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/25

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1380/2011

of 21 December 2011

amending Regulation (EC) No 798/2008 as regards the specific conditions for breeding and productive ratites

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 25(1)(b) thereof,

Whereas:

| (1) | Annex VIII to Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (2) sets out the specific conditions which apply to imports of breeding and productive poultry other than ratites and to imports of hatching eggs and day-old chicks other than ratites. |
| --- | --- |

(1)

Annex VIII to Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (2) sets out the specific conditions which apply to imports of breeding and productive poultry other than ratites and to imports of hatching eggs and day-old chicks other than ratites.

| (2) | Point 2 of Part II of that Annex provides that, where day-old chicks are not reared in the Member State which imported the hatching eggs, they are to be transported directly to the final destination and kept there for at least three weeks from the date of hatching. That requirement is reflected in Part I of the relevant model veterinary certificate for day-old chicks laid down in Annex IV to Directive 2009/158/EC. |
| --- | --- |

(2)

Point 2 of Part II of that Annex provides that, where day-old chicks are not reared in the Member State which imported the hatching eggs, they are to be transported directly to the final destination and kept there for at least three weeks from the date of hatching. That requirement is reflected in Part I of the relevant model veterinary certificate for day-old chicks laid down in Annex IV to Directive 2009/158/EC.

| (3) | Annex IX to Regulation (EC) No 798/2008 sets out the specific conditions which apply to imports of ratites for breeding and production, hatching eggs and day-old chicks thereof. Those specific conditions do not currently include a similar provision concerning ratites as the one included for poultry in point 2 of Part II of Annex VIII to that Regulation. |
| --- | --- |

(3)

Annex IX to Regulation (EC) No 798/2008 sets out the specific conditions which apply to imports of ratites for breeding and production, hatching eggs and day-old chicks thereof. Those specific conditions do not currently include a similar provision concerning ratites as the one included for poultry in point 2 of Part II of Annex VIII to that Regulation.

| (4) | Experience in the application of that provision concerning poultry shows that it is appropriate to extend it also to day-old chicks of ratites. |
| --- | --- |

(4)

Experience in the application of that provision concerning poultry shows that it is appropriate to extend it also to day-old chicks of ratites.

| (5) | Regulation (EC) No 798/2008 should therefore be amended accordingly. |
| --- | --- |

(5)

Regulation (EC) No 798/2008 should therefore be amended accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

In Annex IX to Regulation (EC) No 798/2008, in Part II, point 3 is replaced by the following:

| ‘3. | Ratites which have hatched from imported hatching eggs shall be kept for a period of at least three weeks from the date of hatching in the hatchery or for at least three weeks on the establishment(s) to which they have been sent after hatching.
  Where day-old chicks of ratites are not reared in the Member State which imported the hatching eggs, they shall be transported directly to the final destination (as specified in points I.10 and I.11 of the health certificate, Model 2, in Annex IV to Council Directive 2009/158/EC (3)) and kept there for at least three weeks from the date of hatching. |
| --- | --- |

‘3.

Ratites which have hatched from imported hatching eggs shall be kept for a period of at least three weeks from the date of hatching in the hatchery or for at least three weeks on the establishment(s) to which they have been sent after hatching.

Where day-old chicks of ratites are not reared in the Member State which imported the hatching eggs, they shall be transported directly to the final destination (as specified in points I.10 and I.11 of the health certificate, Model 2, in Annex IV to Council Directive 2009/158/EC (3)) and kept there for at least three weeks from the date of hatching.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply from 1 February 2012.

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

Done at Brussels, 21 December 2011.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 343, 22.12.2009, p. 74.

1

(2)  OJ L 226, 23.8.2008, p. 1.

2

(3)  OJ L 343, 22.12.2009, p. 74.’

3

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/26 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/26

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1381/2011

of 22 December 2011

concerning the non-approval of the active substance chloropicrin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Decision 2008/934/EC

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 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 (1), and in particular Article 13(2) and Article 78(2) thereof,

Whereas:

| (1) | In accordance with Article 80(1)(c) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which completeness has been established in accordance with Article 16 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (3). Chloropicrin is an active substance for which completeness has been established in accordance with that Regulation. |
| --- | --- |

(1)

In accordance with Article 80(1)(c) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which completeness has been established in accordance with Article 16 of Commission Regulation (EC) No 33/2008 of 17 January 2008 laying down detailed rules for the application of Council Directive 91/414/EEC as regards a regular and an accelerated procedure for the assessment of active substances which were part of the programme of work referred to in Article 8(2) of that Directive but have not been included into its Annex I (3). Chloropicrin is an active substance for which completeness has been established in accordance with that Regulation.

| (2) | Commission Regulations (EC) No 451/2000 (4) and (EC) No 1490/2002 (5) lay down the detailed rules for the implementation of the second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish lists of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. These lists included chloropicrin. |
| --- | --- |

(2)

Commission Regulations (EC) No 451/2000 (4) and (EC) No 1490/2002 (5) lay down the detailed rules for the implementation of the second and third stages of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish lists of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. These lists included chloropicrin.

| (3) | In accordance with Article 3(2) of Commission Regulation (EC) No 1095/2007 of 20 September 2007 amending Regulation (EC) No 1490/2002 laying down further detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC and Regulation (EC) No 2229/2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (6) the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from entry into force of Regulation (EC) No 1095/2007. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (7) was adopted on the non-inclusion of chloropicrin. |
| --- | --- |

(3)

In accordance with Article 3(2) of Commission Regulation (EC) No 1095/2007 of 20 September 2007 amending Regulation (EC) No 1490/2002 laying down further detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC and Regulation (EC) No 2229/2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (6) the notifier withdrew its support of the inclusion of that active substance in Annex I to Directive 91/414/EEC within 2 months from entry into force of Regulation (EC) No 1095/2007. Consequently, Commission Decision 2008/934/EC of 5 December 2008 concerning the non-inclusion of certain active substances in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing these substances (7) was adopted on the non-inclusion of chloropicrin.

| (4) | Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Regulation (EC) No 33/2008. |
| --- | --- |

(4)

Pursuant to Article 6(2) of Directive 91/414/EEC the original notifier (hereinafter ‘the applicant’) submitted a new application requesting the accelerated procedure to be applied, as provided for in Articles 14 to 19 of Regulation (EC) No 33/2008.

| (5) | The application was submitted to Italy, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008. |
| --- | --- |

(5)

The application was submitted to Italy, which had been designated rapporteur Member State by Regulation (EC) No 1490/2002. The time period for the accelerated procedure was respected. The specification of the active substance and the supported uses are the same as were the subject of Decision 2008/934/EC. That application also complies with the remaining substantive and procedural requirements of Article 15 of Regulation (EC) No 33/2008.

| (6) | Italy evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 11 March 2010. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on the risk assessment of chloropicrin to the Commission on 23 February 2011 (8). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 11 October 2011 in the format of the Commission review report for chloropicrin. |
| --- | --- |

(6)

Italy evaluated the additional data submitted by the applicant and prepared an additional report. It communicated that report to the European Food Safety Authority (hereinafter ‘the Authority’) and to the Commission on 11 March 2010. The Authority communicated the additional report to the other Member States and the applicant for comments and forwarded the comments it had received to the Commission. In accordance with Article 20(1) of Regulation (EC) No 33/2008 and at the request of the Commission, the Authority presented its conclusion on the risk assessment of chloropicrin to the Commission on 23 February 2011 (8). The draft assessment report, the additional report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 11 October 2011 in the format of the Commission review report for chloropicrin.

| (7) | During the evaluation of this active substance, concerns were identified. Those concerns were, in particular, the following. There is an unacceptable risk to operators. It was not possible to perform a reliable groundwater exposure assessment as data were missing concerning the metabolite dichloronitromethane and impurities of the active substance as manufactured. Insufficient data were available to conclude on the risks to sediment dwellers, bees, earthworms and non-target plants. A high risk to aquatic organisms, birds and mammals was identified. It was not possible to perform a reliable surface water and sediment exposure assessment as data were missing for chloropicrin and the metabolite dichloronitromethane. No reliable assessment of exposure concentrations in air of phosgene could be performed. A high potential for long-range atmospheric transport was identified. |
| --- | --- |

(7)

During the evaluation of this active substance, concerns were identified. Those concerns were, in particular, the following. There is an unacceptable risk to operators. It was not possible to perform a reliable groundwater exposure assessment as data were missing concerning the metabolite dichloronitromethane and impurities of the active substance as manufactured. Insufficient data were available to conclude on the risks to sediment dwellers, bees, earthworms and non-target plants. A high risk to aquatic organisms, birds and mammals was identified. It was not possible to perform a reliable surface water and sediment exposure assessment as data were missing for chloropicrin and the metabolite dichloronitromethane. No reliable assessment of exposure concentrations in air of phosgene could be performed. A high potential for long-range atmospheric transport was identified.

| (8) | The Commission invited the applicant to submit its comments on the conclusion of the Authority. Furthermore, in accordance with Article 21(1) to Regulation (EC) No 33/2008, the Commission invited the applicant to submit comments on the draft review report. The applicant submitted its comments, which have been carefully examined. |
| --- | --- |

(8)

The Commission invited the applicant to submit its comments on the conclusion of the Authority. Furthermore, in accordance with Article 21(1) to Regulation (EC) No 33/2008, the Commission invited the applicant to submit comments on the draft review report. The applicant submitted its comments, which have been carefully examined.

| (9) | However, despite the arguments put forward by the applicant, the concerns referred to in recital 7 could not be eliminated. Consequently, it has not been demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing chloropicrin satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC. |
| --- | --- |

(9)

However, despite the arguments put forward by the applicant, the concerns referred to in recital 7 could not be eliminated. Consequently, it has not been demonstrated that it may be expected that, under the proposed conditions of use, plant protection products containing chloropicrin satisfy in general the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC.

| (10) | Chloropicrin should therefore not be approved pursuant to Article 13(2) of Regulation (EC) No 1107/2009. |
| --- | --- |

(10)

Chloropicrin should therefore not be approved pursuant to Article 13(2) of Regulation (EC) No 1107/2009.

| (11) | To provide Member States with time to withdraw authorisations for plant protection products containing chloripicrin, Regulation (EC) No 1490/2002 should be derogated from. |
| --- | --- |

(11)

To provide Member States with time to withdraw authorisations for plant protection products containing chloripicrin, Regulation (EC) No 1490/2002 should be derogated from.

| (12) | For plant protection products containing chloropicrin, where Member States grant any period of grace in accordance with Article 46 of Regulation (EC) No 1107/2009, this period should expire at the latest 1 year after the withdrawal of the respective authorisation. |
| --- | --- |

(12)

For plant protection products containing chloropicrin, where Member States grant any period of grace in accordance with Article 46 of Regulation (EC) No 1107/2009, this period should expire at the latest 1 year after the withdrawal of the respective authorisation.

| (13) | This Regulation does not prejudice the submission of a further application for chloropicrin pursuant to Article 7 of Regulation (EC) No 1107/2009. |
| --- | --- |

(13)

This Regulation does not prejudice the submission of a further application for chloropicrin pursuant to Article 7 of Regulation (EC) No 1107/2009.

| (14) | In the interest of clarity, the entry for chloropicrin in the Annex to Decision 2008/934/EC should be deleted. |
| --- | --- |

(14)

In the interest of clarity, the entry for chloropicrin in the Annex to Decision 2008/934/EC should be deleted.

| (15) | It is therefore appropriate to amend Decision 2008/934/EC accordingly. |
| --- | --- |

(15)

It is therefore appropriate to amend Decision 2008/934/EC accordingly.

| (16) | The Standing Committee on the Food chain and Animal Health did not deliver an opinion. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The measures provided for in this Regulation are in accordance with the opinion of the appeal committee, |
| --- | --- |

(16)

The Standing Committee on the Food chain and Animal Health did not deliver an opinion. An implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. The measures provided for in this Regulation are in accordance with the opinion of the appeal committee,

HAS ADOPTED THIS REGULATION:

Article 1

Non-approval of active substance

The active substance chloropicrin is not approved.

Article 2

Transitional measures

By way of derogation from Article 12(3) of Regulation (EC) No 1490/2002, Member States shall ensure that authorisations for plant protection products containing chloropicrin are withdrawn by 23 June 2012.

Article 3

Period of grace

Any period of grace granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire 12 months after withdrawal of the respective authorisation at the latest.

Article 4

Amendments to Decision 2008/934/EC

In the Annex to Decision 2008/934/EC, the entry for ‘chloropicrin’ is deleted.

Article 5

Entry into force and date of application

This Regulation shall enter into force on the day following 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, 22 December 2011.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 309, 24.11.2009, p. 1.

1

(2)  OJ L 230, 19.8.1991, p. 1.

2

(3)  OJ L 15, 18.1.2008, p. 5.

3

(4)  OJ L 55, 29.2.2000, p. 25.

4

(5)  OJ L 224, 21.8.2002, p. 23.

5

(6)  OJ L 246, 21.9.2007, p. 19.

6

(7)  OJ L 333, 11.12.2008, p. 11.

7

(8)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance chloropicrin. EFSA Journal 2011;9(3):2084. [58 pp.] doi:10.2903/j.efsa.2011.2084. Available online: www.efsa.europa.eu/efsajournal.htm

8

EFSA Journal

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/28 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/28

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1382/2011

of 22 December 2011

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

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

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

Whereas:

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

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

This Regulation shall enter into force on 23 December 2011.

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

Done at Brussels, 22 December 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

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

2

---

ANNEX

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

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | AL | 64,0 |
| MA | 68,8 |
| TN | 96,0 |
| TR | 107,7 |
| ZZ | 84,1 |
| 0707 00 05 | EG | 170,1 |
| JO | 182,1 |
| TR | 120,6 |
| ZZ | 157,6 |
| 0709 90 70 | MA | 37,6 |
| TR | 133,4 |
| ZZ | 85,5 |
| 0805 10 20 | AR | 37,9 |
| BR | 41,5 |
| CL | 30,5 |
| MA | 49,0 |
| TR | 76,8 |
| ZA | 41,5 |
| ZZ | 46,2 |
| 0805 20 10 | MA | 80,1 |
| TR | 79,7 |
| ZZ | 79,9 |
| 0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 | IL | 76,8 |
| MA | 72,3 |
| TR | 99,1 |
| ZZ | 82,7 |
| 0805 50 10 | AR | 46,9 |
| MA | 50,0 |
| TR | 52,1 |
| ZZ | 49,7 |
| 0808 10 80 | CA | 112,8 |
| CN | 99,1 |
| US | 113,0 |
| ZA | 122,9 |
| ZZ | 112,0 |
| 0808 20 50 | CN | 102,1 |
| ZZ | 102,1 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

64,0

MA

68,8

TN

96,0

TR

107,7

ZZ

84,1

0707 00 05

EG

170,1

JO

182,1

TR

120,6

ZZ

157,6

0709 90 70

MA

37,6

TR

133,4

ZZ

85,5

0805 10 20

AR

37,9

BR

41,5

CL

30,5

MA

49,0

TR

76,8

ZA

41,5

ZZ

46,2

0805 20 10

MA

80,1

TR

79,7

ZZ

79,9

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

IL

76,8

MA

72,3

TR

99,1

ZZ

82,7

0805 50 10

AR

46,9

MA

50,0

TR

52,1

ZZ

49,7

0808 10 80

CA

112,8

CN

99,1

US

113,0

ZA

122,9

ZZ

112,0

0808 20 50

CN

102,1

ZZ

102,1

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/30 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/30

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1383/2011

of 22 December 2011

fixing the import duties in the cereals sector applicable from 1 January 2012

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),

Having regard to Commission Regulation (EU) No 642/2010 of 20 July 2010 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of import duties in the cereals sector (2), and in particular Article 2(1) thereof,

Whereas:

| (1) | Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff. |
| --- | --- |

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

| (2) | Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question. |
| --- | --- |

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

| (3) | Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation. |
| --- | --- |

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

| (4) | Import duties should be fixed for the period from 1 January 2012 and should apply until new import duties are fixed and enter into force. |
| --- | --- |

(4)

Import duties should be fixed for the period from 1 January 2012 and should apply until new import duties are fixed and enter into force.

| (5) | Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication, |
| --- | --- |

(5)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

From 1 January 2012, the import duties in the cereals sector referred to in Article 136(1) of Regulation (EC) No 1234/2007 shall be those fixed in Annex I to this Regulation on the basis of the information contained in Annex II.

Article 2

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

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

Done at Brussels, 22 December 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 187, 21.7.2010, p. 5.

2

---

ANNEX I

Import duties on the products referred to in Article 136(1) of Regulation (EC) No 1234/2007 applicable from 1 January 2012

| CN code | Description | Import duties (1)

  (EUR/t) |
| --- | --- | --- |
| 1001 19 00
  1001 11 00 | Durum wheat, high quality | 0,00 |
| medium quality | 0,00 |
| low quality | 0,00 |
| ex 1001 91 20 | Common wheat seed | 0,00 |
| ex 1001 99 00 | High quality common wheat other than for sowing | 0,00 |
| 1002 10 00
  1002 90 00 | Rye | 0,00 |
| 1005 10 90 | Maize seed other than hybrid | 0,00 |
| 1005 90 00 | Maize other than seed (2) | 0,00 |
| 1007 10 90
  1007 90 00 | Grain sorghum other than hybrids for sowing | 0,00 |

CN code

Description

Import duties (1)

(EUR/t)

1001 19 00

1001 11 00

Durum wheat, high quality

0,00

medium quality

0,00

low quality

0,00

ex 1001 91 20

Common wheat seed

0,00

ex 1001 99 00

High quality common wheat other than for sowing

0,00

1002 10 00

1002 90 00

Rye

0,00

1005 10 90

Maize seed other than hybrid

0,00

1005 90 00

Maize other than seed (2)

0,00

1007 10 90

1007 90 00

Grain sorghum other than hybrids for sowing

0,00

---

(1)  The importer may benefit, under Article 2(4) of Regulation (EU) No 642/2010, from a reduction in the duty of:

| — | EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal, |
| --- | --- |

—

EUR 3/t, where the port of unloading is located on the Mediterranean Sea (beyond the Strait of Gibraltar) or on the Black Sea, for goods arriving in the Union via the Atlantic Ocean or the Suez Canal,

| — | EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean. |
| --- | --- |

—

EUR 2/t, where the port of unloading is located in Denmark, Estonia, Ireland, Latvia, Lithuania, Poland, Finland, Sweden, the United Kingdom or on the Atlantic coast of the Iberian Peninsula, for goods arriving in the Union via the Atlantic Ocean.

(2)  The importer may benefit from a flat-rate reduction of EUR 24/t where the conditions laid down in Article 3 of Regulation (EU) No 642/2010 are met.

---

ANNEX II

Factors for calculating the duties laid down in Annex I

15.12.2011-21.12.2011

| 1. | Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:










  (EUR/tonne) |
| --- | --- |
| | Common wheat (1) | Maize | Durum wheat, high quality | Durum wheat, medium quality (2) | Durum wheat, low quality (3) |
| Exchange | Minnéapolis | Chicago | — | — | — |
| Quotation | 246,86 | 180,19 | — | — | — |
| Fob price USA | — | — | 309,62 | 299,62 | 279,62 |
| Gulf of Mexico premium | — | 13,88 | — | — | — |
| Great Lakes premium | 35,46 | — | — | — | — |

1.

Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

(EUR/tonne)

Common wheat (1)

Maize

Durum wheat, high quality

Durum wheat, medium quality (2)

Durum wheat, low quality (3)

Exchange

Minnéapolis

Chicago

—

—

—

Quotation

246,86

180,19

—

—

—

Fob price USA

—

—

309,62

299,62

279,62

Gulf of Mexico premium

—

13,88

—

—

—

Great Lakes premium

35,46

—

—

—

—

| 2. | Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:






  Freight costs: Gulf of Mexico-Rotterdam: | 19,73 EUR/t |
| --- | --- | --- |
| Freight costs: Great Lakes-Rotterdam: | 50,92 EUR/t |

2.

Averages over the reference period referred to in Article 2(2) of Regulation (EU) No 642/2010:

Freight costs: Gulf of Mexico-Rotterdam:

19,73 EUR/t

Freight costs: Great Lakes-Rotterdam:

50,92 EUR/t

---

(1)  Premium of EUR 14/t incorporated (Article 5(3) of Regulation (EU) No 642/2010).

(2)  Discount of EUR 10/t (Article 5(3) of Regulation (EU) No 642/2010).

(3)  Discount of EUR 30/t (Article 5(3) of Regulation (EU) No 642/2010).

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/33 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/33

---

COMMISSION IMPLEMENTING REGULATION (EU) No 1384/2011

of 22 December 2011

on the minimum customs duty to be fixed in response to the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 187, in conjunction with Article 4, thereof

Whereas:

| (1) | Commission Implementing Regulation (EU) No 1239/2011 (2) opened a standing invitation to tender for the 2011/12 marketing year for imports of sugar of CN code 1701 at a reduced customs duty. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) No 1239/2011 (2) opened a standing invitation to tender for the 2011/12 marketing year for imports of sugar of CN code 1701 at a reduced customs duty.

| (2) | In accordance with Article 6 of Implementing Regulation (EU) No 1239/2011, the Commission is to decide, in the light of the tenders received in response to a partial invitation to tender, either to fix a minimum customs duty or not to fix a minimum customs duty per eight digit CN code. |
| --- | --- |

(2)

In accordance with Article 6 of Implementing Regulation (EU) No 1239/2011, the Commission is to decide, in the light of the tenders received in response to a partial invitation to tender, either to fix a minimum customs duty or not to fix a minimum customs duty per eight digit CN code.

| (3) | On the basis of the tenders received for the third partial invitation to tender, a minimum customs duty should be fixed for certain eight digit codes for sugar falling within CN code 1701 and no minimum customs duty should be fixed for the other eight digit codes for sugar falling within that CN code. |
| --- | --- |

(3)

On the basis of the tenders received for the third partial invitation to tender, a minimum customs duty should be fixed for certain eight digit codes for sugar falling within CN code 1701 and no minimum customs duty should be fixed for the other eight digit codes for sugar falling within that CN code.

| (4) | In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union. |
| --- | --- |

(4)

In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

| (5) | The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair, |
| --- | --- |

(5)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

For the third partial invitation to tender within the tendering procedure opened by Implementing Regulation (EU) No 1239/2011, in respect of which the time limit for the submission of tenders expired on 21 December 2011, a minimum customs duty has been fixed, or has not been fixed, as set out in the Annex to this Regulation for the eight digit codes for sugar falling within CN code 1701.

Article 2

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

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

Done at Brussels, 22 December 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  OJ L 299, 16.11.2007, p. 1.

1

(2)  OJ L 318, 1.12.2011, p. 4.

2

---

ANNEX

Minimum customs duties

| (EUR/tonne) |
| --- |
| Eight digit CN code | Minimum customs duty |
| 1 | 2 |
| 1701 11 10 | 269,16 |
| 1701 11 90 | — |
| 1701 12 10 | X |
| 1701 12 90 | X |
| 1701 91 00 | X |
| 1701 99 10 | — |
| 1701 99 90 | X |
| (—) | no minimum customs duty fixed (all offers rejected) |

(EUR/tonne)

Eight digit CN code

Minimum customs duty

1

2

1701 11 10

269,16

1701 11 90

—

1701 12 10

X

1701 12 90

X

1701 91 00

X

1701 99 10

—

1701 99 90

X

(—)

no minimum customs duty fixed (all offers rejected)

| (X) | no offers |
| --- | --- |

(X)

no offers

---

DECISIONS

| 23.12.2011 | EN | Official Journal of the European Union | L 343/35 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/35

---

COUNCIL DECISION 2011/871/CFSP

of 19 December 2011

establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 26(2) and 41(2) thereof,

Whereas:

| (1) | The European Council, meeting in Helsinki on 10 and 11 December 1999, agreed in particular that, ‘cooperating voluntarily in EU-led operations, Member States must be able, by 2003, to deploy within 60 days and sustain for at least one year, military forces of up to 50 000 to 60 000 persons capable of the full range of Petersberg tasks’. |
| --- | --- |

(1)

The European Council, meeting in Helsinki on 10 and 11 December 1999, agreed in particular that, ‘cooperating voluntarily in EU-led operations, Member States must be able, by 2003, to deploy within 60 days and sustain for at least one year, military forces of up to 50 000 to 60 000 persons capable of the full range of Petersberg tasks’.

| (2) | On 17 June 2002, the Council approved the arrangements for the financing of EU-led crisis-management operations having military or defence implications. |
| --- | --- |

(2)

On 17 June 2002, the Council approved the arrangements for the financing of EU-led crisis-management operations having military or defence implications.

| (3) | The Council, in its conclusions of 14 May 2003, confirmed the need for a rapid reaction capability, in particular for humanitarian and rescue tasks. |
| --- | --- |

(3)

The Council, in its conclusions of 14 May 2003, confirmed the need for a rapid reaction capability, in particular for humanitarian and rescue tasks.

| (4) | The European Council, meeting in Thessaloniki on 19 and 20 June 2003, welcomed the conclusions of the Council meeting on 19 May 2003, which in particular confirmed the need for a European Union military rapid reaction capability. |
| --- | --- |

(4)

The European Council, meeting in Thessaloniki on 19 and 20 June 2003, welcomed the conclusions of the Council meeting on 19 May 2003, which in particular confirmed the need for a European Union military rapid reaction capability.

| (5) | On 22 September 2003, the Council decided that the European Union should acquire the capacity to flexibly manage the financing of common costs of military operations of any scale, complexity or urgency, in particular by setting up, by 1 March 2004 at the latest, a permanent financing mechanism to assume charge of the financing of common costs of any future EU military operation. |
| --- | --- |

(5)

On 22 September 2003, the Council decided that the European Union should acquire the capacity to flexibly manage the financing of common costs of military operations of any scale, complexity or urgency, in particular by setting up, by 1 March 2004 at the latest, a permanent financing mechanism to assume charge of the financing of common costs of any future EU military operation.

| (6) | On 23 February 2004, the Council adopted Decision 2004/197/CFSP establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (1). The Decision has subsequently been amended and replaced several times, most recently by Decision 2008/975/CFSP (2). |
| --- | --- |

(6)

On 23 February 2004, the Council adopted Decision 2004/197/CFSP establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (1). The Decision has subsequently been amended and replaced several times, most recently by Decision 2008/975/CFSP (2).

| (7) | The European Union is capable of conducting military rapid response operations in accordance with the concept defined by the EU Military Committee. The European Union is capable of deploying Battle Groups in accordance with the concept defined by the EU Military Committee. |
| --- | --- |

(7)

The European Union is capable of conducting military rapid response operations in accordance with the concept defined by the EU Military Committee. The European Union is capable of deploying Battle Groups in accordance with the concept defined by the EU Military Committee.

| (8) | The scheme for early financing is intended first and foremost for rapid response operations. |
| --- | --- |

(8)

The scheme for early financing is intended first and foremost for rapid response operations.

| (9) | Exercises at the political and military strategic level of the command and control structures and procedures for EU military operations through EU headquarters exercises, as approved by the Political and Security Committee (PSC), contribute to enhancing the Union’s overall operational readiness. |
| --- | --- |

(9)

Exercises at the political and military strategic level of the command and control structures and procedures for EU military operations through EU headquarters exercises, as approved by the Political and Security Committee (PSC), contribute to enhancing the Union’s overall operational readiness.

| (10) | The Council decides on a case-by-case basis whether an operation has military or defence implications, within the meaning of Article 41(2) of the Treaty on European Union (TEU). |
| --- | --- |

(10)

The Council decides on a case-by-case basis whether an operation has military or defence implications, within the meaning of Article 41(2) of the Treaty on European Union (TEU).

| (11) | The second subparagraph of Article 41(2) of the TEU provides that Member States whose representatives in the Council have made a formal declaration pursuant to the second subparagraph of Article 31(1) thereof, shall not be obliged to contribute to the financing of the operation having military or defence implications concerned. |
| --- | --- |

(11)

The second subparagraph of Article 41(2) of the TEU provides that Member States whose representatives in the Council have made a formal declaration pursuant to the second subparagraph of Article 31(1) thereof, shall not be obliged to contribute to the financing of the operation having military or defence implications concerned.

| (12) | In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in this decision and therefore does not participate in the financing of the mechanism. |
| --- | --- |

(12)

In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in this decision and therefore does not participate in the financing of the mechanism.

| (13) | Pursuant to Article 44 of Decision 2008/975/CFSP, the Council has reviewed that Decision and agreed to amend it. |
| --- | --- |

(13)

Pursuant to Article 44 of Decision 2008/975/CFSP, the Council has reviewed that Decision and agreed to amend it.

| (14) | For the sake of clarity, Decision 2008/975/CFSP should be repealed and replaced by a new Decision, |
| --- | --- |

(14)

For the sake of clarity, Decision 2008/975/CFSP should be repealed and replaced by a new Decision,

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purpose of this Decision:

| (a) | ‘participating Member States’ shall mean the Member States of the European Union, except Denmark; |
| --- | --- |

(a)

‘participating Member States’ shall mean the Member States of the European Union, except Denmark;

| (b) | ‘contributing States’ shall mean the Member States contributing to the financing of the military operation in question in accordance with Article 41(2) of the TEU and the third States contributing to the financing of the common costs of this operation pursuant to agreements between them and the European Union; |
| --- | --- |

(b)

‘contributing States’ shall mean the Member States contributing to the financing of the military operation in question in accordance with Article 41(2) of the TEU and the third States contributing to the financing of the common costs of this operation pursuant to agreements between them and the European Union;

| (c) | ‘operations’ shall mean the EU operations having military or defence implications; |
| --- | --- |

(c)

‘operations’ shall mean the EU operations having military or defence implications;

| (d) | ‘military supporting actions’ shall mean the EU operations, or parts thereof, decided by the Council in support of a third State or a third organisation, which have military or defence implications, but which are not under the authority of European Union Headquarters. |
| --- | --- |

(d)

‘military supporting actions’ shall mean the EU operations, or parts thereof, decided by the Council in support of a third State or a third organisation, which have military or defence implications, but which are not under the authority of European Union Headquarters.

CHAPTER 1

MECHANISM

Article 2

Establishment of the mechanism

1.   A mechanism to administer the financing of the common costs of operations is hereby established.

2.   The mechanism shall be called Athena.

3.   Athena shall act on behalf of the participating Member States or, regarding the specific operations, the contributing States.

Article 3

Legal capacity

With a view to the administrative management of the financing of EU operations with military or defence implications, Athena shall have the necessary legal capacity, in particular, to hold bank accounts, acquire, hold or dispose of property, enter into contracts and administrative arrangements and be a party to legal proceedings. Athena shall be non-profit-making.

Article 4

Coordination with third parties

To the extent necessary to achieve its tasks, and in conformity with the objectives and policies of the European Union, Athena shall coordinate its activities with the Member States, Union institutions and bodies, and international organisations.

CHAPTER 2

ORGANISATIONAL STRUCTURE

Article 5

Management bodies and staff

1.   Athena shall be managed, under the authority of the Special Committee, by:

| (a) | the administrator; |
| --- | --- |

(a)

the administrator;

| (b) | the commander of each operation, in relation to the operation which he commands (‘operation commander’); |
| --- | --- |

(b)

the commander of each operation, in relation to the operation which he commands (‘operation commander’);

| (c) | the accounting officer. |
| --- | --- |

(c)

the accounting officer.

2.   Athena shall use existing administrative structures of the Union to the greatest possible extent. Athena shall resort to staff made available as necessary by the Union institutions or seconded by Member States.

3.   The Secretary-General of the Council may provide the administrator and the accounting officer with the staff needed for them to carry out their functions, which may be on the basis of a proposal by a participating Member State.

4.   Athena’s bodies and staff shall be mobilised on the basis of operational needs.

Article 6

Special Committee

1.   A Special Committee composed of one representative of each participating Member State is established.

Representatives of the European External Action Service (EEAS) and of the Commission shall be invited to attend the meetings of the Special Committee without taking part in its votes.

2.   Athena shall be managed under the authority of the Special Committee.

3.   When the Special Committee is discussing the financing of the common costs of a given operation:

| (a) | the Special Committee shall be composed of one representative of each contributing Member State; |
| --- | --- |

(a)

the Special Committee shall be composed of one representative of each contributing Member State;

| (b) | the representatives of contributing third States shall participate in the proceedings of the Special Committee. They shall neither take part in nor be present at its votes; |
| --- | --- |

(b)

the representatives of contributing third States shall participate in the proceedings of the Special Committee. They shall neither take part in nor be present at its votes;

| (c) | the operation commander or his representative shall participate in the proceedings of the Special Committee, without taking part in its votes. |
| --- | --- |

(c)

the operation commander or his representative shall participate in the proceedings of the Special Committee, without taking part in its votes.

4.   The Presidency of the Council shall convene and chair the meetings of the Special Committee. The administrator shall provide the secretariat for the Special Committee. He shall draw up the minutes of the result of the Committee’s discussions. He shall not take part in its votes.

5.   The accounting officer shall participate as necessary in the proceedings of the Special Committee, without taking part in its votes.

6.   If a participating Member State, the administrator or the operation commander so requests, the Presidency shall convene the Special Committee within at most 15 days.

7.   The administrator shall adequately inform the Special Committee of any claim or dispute involving Athena.

8.   The Special Committee shall decide unanimously amongst its members, taking into account its composition as defined in paragraphs 1 and 3. Its decisions shall be binding.

9.   The Special Committee approves all budgets, taking into account the relevant reference amounts, and generally exercises the competences pursuant to this Decision.

10.   The Special Committee shall be informed by the administrator, the operation commander and the accounting officer as provided for in this Decision.

11.   The text of the acts approved by the Special Committee pursuant to this Decision shall at the time of their approval be signed by the chairman of the Special Committee and by the administrator.

Article 7

Administrator

1.   The Secretary-General of the Council, after informing the Special Committee, shall appoint the administrator and at least one deputy administrator for a period of three years.

2.   The administrator shall carry out his duties on behalf of Athena.

3.   The administrator:

| (a) | shall draw up and submit to the Special Committee any draft budget. The ‘expenditure’ section for an operation in any draft budget shall be drawn up on the basis of a proposal from the operation commander; |
| --- | --- |

(a)

shall draw up and submit to the Special Committee any draft budget. The ‘expenditure’ section for an operation in any draft budget shall be drawn up on the basis of a proposal from the operation commander;

| (b) | shall adopt the budgets after their approval by the Special Committee; |
| --- | --- |

(b)

shall adopt the budgets after their approval by the Special Committee;

| (c) | shall be the authorising officer for the sections ‘revenue’, ‘common costs incurred in preparation for, or further to, operations’ and ‘operational common costs’ incurred outside the active phase of the operation; |
| --- | --- |

(c)

shall be the authorising officer for the sections ‘revenue’, ‘common costs incurred in preparation for, or further to, operations’ and ‘operational common costs’ incurred outside the active phase of the operation;

| (d) | as regards revenue, shall implement the financial arrangements made with third parties in relation to the financing of the common costs of the EU military operations; |
| --- | --- |

(d)

as regards revenue, shall implement the financial arrangements made with third parties in relation to the financing of the common costs of the EU military operations;

| (e) | shall open one or more bank accounts on behalf of Athena. |
| --- | --- |

(e)

shall open one or more bank accounts on behalf of Athena.

4.   The administrator shall ensure that the rules established by this Decision are complied with, and that the decisions of the Special Committee are implemented.

5.   The administrator shall be authorised to adopt any measures which he deems necessary to implement the expenditure financed through Athena. He shall inform the Special Committee thereof.

6.   The administrator shall coordinate work on financial questions relating to the EU military operations. He shall be the contact point with national administrations and, as appropriate, international organisations on these matters.

7.   The administrator shall be accountable to the Special Committee.

Article 8

Operation commander

1.   The operation commander shall carry out his duties on behalf of Athena in relation to the financing of the common costs of the operation which he commands.

2.   For the operation which he commands, the operation commander shall:

| (a) | send the administrator his proposals for the ‘expenditure — operational common costs’ section of the draft budgets; |
| --- | --- |

(a)

send the administrator his proposals for the ‘expenditure — operational common costs’ section of the draft budgets;

| (b) | as authorising officer, implement the appropriations relating to the operational common costs as well as expenditure under Article 28; he shall exercise his authority over any person participating in the implementation of those appropriations, including pre-financing; he may award contracts and enter into contracts on behalf of Athena; he shall open a bank account on behalf of Athena for the operation which he commands. |
| --- | --- |

(b)

as authorising officer, implement the appropriations relating to the operational common costs as well as expenditure under Article 28; he shall exercise his authority over any person participating in the implementation of those appropriations, including pre-financing; he may award contracts and enter into contracts on behalf of Athena; he shall open a bank account on behalf of Athena for the operation which he commands.

3.   The operation commander shall be authorised to adopt any measures which he deems necessary to implement the expenditure financed through Athena, for the operation which he commands. He shall inform the administrator and the Special Committee thereof.

4.   Except in duly warranted circumstances approved by the Special Committee following a proposal by the administrator, the operation commander shall use the accounting and asset management system provided by Athena. The administrator shall inform the Special Committee in advance when he considers that such circumstances exist.

Article 9

Accounting officer

1.   The Secretary-General of the Council shall appoint the accounting officer and at least one deputy accounting officer for a period of three years.

2.   The accounting officer shall carry out his duties on behalf of Athena.

3.   The accounting officer shall be responsible for:

| (a) | proper implementation of payments, collection of revenue and recovery of amounts established as being receivable; |
| --- | --- |

(a)

proper implementation of payments, collection of revenue and recovery of amounts established as being receivable;

| (b) | preparing the financial statements for Athena each year, and, after completion of each operation, the accounts for that operation; |
| --- | --- |

(b)

preparing the financial statements for Athena each year, and, after completion of each operation, the accounts for that operation;

| (c) | supporting the administrator when he submits the annual accounts or the accounts for an operation to the Special Committee for approval; |
| --- | --- |

(c)

supporting the administrator when he submits the annual accounts or the accounts for an operation to the Special Committee for approval;

| (d) | keeping the accounts for Athena; |
| --- | --- |

(d)

keeping the accounts for Athena;

| (e) | laying down the accounting rules and methods and the chart of accounts; |
| --- | --- |

(e)

laying down the accounting rules and methods and the chart of accounts;

| (f) | laying down and validating the accounting systems for revenue and, where appropriate, validating systems laid down by the authorising officer to supply or justify accounting information; |
| --- | --- |

(f)

laying down and validating the accounting systems for revenue and, where appropriate, validating systems laid down by the authorising officer to supply or justify accounting information;

| (g) | keeping supporting documents; |
| --- | --- |

(g)

keeping supporting documents;

| (h) | treasury management, jointly with the administrator. |
| --- | --- |

(h)

treasury management, jointly with the administrator.

4.   The administrator and the operation commander shall provide the accounting officer with all the information necessary for the production of accounts which accurately represent Athena’s financial assets and budget implementation administered by Athena. They shall guarantee its reliability.

5.   The accounting officer shall be accountable to the Special Committee.

Article 10

General provisions applicable to the administrator, the accounting officer and Athena’s staff

1.   The functions of administrator or deputy administrator, on the one hand, and accounting officer or deputy accounting officer, on the other, shall be mutually incompatible.

2.   Any deputy administrator shall act under the authority of the administrator. Any deputy accounting officer shall act under the authority of the accounting officer.

3.   A deputy administrator shall replace the administrator when he is absent. A deputy accounting officer shall replace the accounting officer when he is absent.

4.   Officials and other servants of the European Union, when carrying out functions on behalf of Athena, shall remain subject to the rules and regulations applicable to them.

5.   The staff made available to Athena by the Member States shall be subject to the same rules as those set out in the Council decision concerning the rules applicable to national experts on secondment, and to the provisions agreed on by their national administration and the Union institution or Athena.

6.   Before their appointment, the staff of Athena must have received clearance for access to classified information up to at least ‘Secret UE’ level held by the Council, or equivalent clearance by a Member State.

7.   The administrator may negotiate and enter into arrangements with the Member States or Union institutions with a view to designating in advance those staff who could, if need be, be made immediately available to Athena.

CHAPTER 3

ADMINISTRATIVE ARRANGEMENTS AND FRAMEWORK CONTRACTS

Article 11

Administrative arrangements and framework contracts

1.   Administrative arrangements may be negotiated with Member States, Union institutions and bodies, third States and international organisations in order to facilitate procurement and/or the financial aspects of mutual support in operations in the most cost-effective manner.

2.   Such arrangements shall be:

| (a) | subject to consultation of the Special Committee if they are concluded with Member States, Union institutions or bodies; |
| --- | --- |

(a)

subject to consultation of the Special Committee if they are concluded with Member States, Union institutions or bodies;

| (b) | submitted for approval to the Special Committee if they are concluded with third States or international organisations. |
| --- | --- |

(b)

submitted for approval to the Special Committee if they are concluded with third States or international organisations.

3.   Such arrangements shall be signed by the administrator or, where appropriate, the respective operation commander, acting on behalf of Athena, and by the competent administrative authorities of the other parties referred to in paragraph 1.

4.   Framework contracts may be concluded in order to facilitate procurement in the most cost-effective manner. Such contracts shall be submitted for approval to the Special Committee before being signed by the administrator and shall be made available to Member States and operation commanders should they wish to make use of them. This provision will impose no obligation on any Member State to avail of or to procure goods or services on the basis of a framework contract.

Article 12

Standing and ad hoc administrative arrangements on modalities for the payment of third States’ contributions

1.   In the framework of the agreements concluded between the European Union and third States indicated by the Council as potential contributors to EU operations or as contributors to a specific EU operation, the administrator shall negotiate with these third States standing or ad hoc administrative arrangements. These arrangements shall take the form of an Exchange of Letters between Athena and the competent administrative services of the third States concerned establishing the modalities necessary to facilitate swift payment of contributions.

2.   Pending the conclusion of the agreements referred to in paragraph 1, the administrator may take the necessary measures to facilitate payments by the contributing third States.

3.   The administrator shall inform the Special Committee in advance of the envisaged arrangements referred to in paragraph 1, before signing them on behalf of Athena.

4.   When a military operation is launched by the Union, the administrator shall, for the amounts of contributions decided by the Council, implement the arrangements with the third States contributing to that operation.

CHAPTER 4

BANK ACCOUNTS

Article 13

Opening and purpose

1.   Any bank account shall be opened at a first-rate financial institution with its head office in a Member State and shall be a current or short-term account in euro. In duly warranted circumstances, and after approval of the administrator, accounts may be opened at financial institutions with head office outside the Member States.

2.   In duly warranted circumstances, accounts may be opened in currencies other than the euro.

3.   The contributions from contributing States shall be paid into these bank accounts. They shall be used to pay for the costs administered by Athena and to make the necessary advances to the operation commander for the implementation of expenditure relating to the common costs of a military operation.

Article 14

Management of funds

1.   Any payment from Athena’s account shall require the joint signature of the administrator or a deputy administrator on the one hand and the accounting officer or a deputy accounting officer on the other.

2.   No bank account may be overdrawn.

CHAPTER 5

COMMON COSTS

Article 15

Definition of common costs and periods for eligibility

1.   The common costs listed in Annex I shall be at the expense of Athena whenever they are incurred. When entered in an article of the budget showing the operation to which they are most related, they shall be regarded as operational costs of that operation. Otherwise, they shall be regarded as common costs incurred in preparation for, or following, operations.

2.   Furthermore, Athena shall bear the operational common costs listed in Annex II during the period from the approval of the crisis management concept for the operation until the appointment of the operation commander. In particular circumstances, after the PSC has been consulted, the Special Committee may modify the period during which these costs shall be borne by Athena.

3.   During the active phase of an operation, which runs from the date on which the operation commander is appointed to the day on which the operation headquarters ceases its activity, Athena shall bear as operational common costs:

| (a) | the common costs listed in Part A of Annex III; |
| --- | --- |

(a)

the common costs listed in Part A of Annex III;

| (b) | the common costs listed in Part B of Annex III, when the Council so decides; |
| --- | --- |

(b)

the common costs listed in Part B of Annex III, when the Council so decides;

| (c) | the common costs listed in Part C of Annex III, when the operation commander so requests and if the Special Committee approves it. |
| --- | --- |

(c)

the common costs listed in Part C of Annex III, when the operation commander so requests and if the Special Committee approves it.

4.   During the active phase of a military supporting action, as determined by the Council, Athena shall bear as operational common costs the common costs defined by the Council on a case-by-case basis by reference to Annex III.

5.   The operational common costs of an operation also include the expenditure necessary to wind it up, as listed in Annex IV.

The operation is wound up when the equipment and infrastructure commonly funded for the operation have found their final destination and the accounts for the operation have been approved.

6.   No expenditure incurred with a view to covering costs which would in any case have been borne by one or more contributing States, a Union institution or an international organisation, independently of the organisation of an operation, may be eligible as a common cost.

7.   The Special Committee may decide on a case-by-case basis that, in view of particular circumstances, certain incremental costs other than those listed in Part B of Annex III shall be regarded as common costs for one given operation during its active phase.

8.   If unanimity cannot be achieved in the Special Committee, the latter may, at the initiative of the Presidency, refer the question to the Council.

Article 16

Exercises

1.   The common costs of the European Union’s exercises shall be financed through Athena following rules and procedures similar to those for operations to which all participating Member States contribute.

2.   These exercise common costs shall be composed of, firstly, incremental costs for deployable or fixed headquarters and, secondly, incremental costs incurred by EU recourse to NATO common assets and capabilities when made available for an exercise.

3.   Exercise common costs shall not include costs related to:

| (a) | capital acquisitions, including those related to buildings, infrastructure and equipment; |
| --- | --- |

(a)

capital acquisitions, including those related to buildings, infrastructure and equipment;

| (b) | the planning and preparatory phase of exercises, unless approved by the Special Committee; |
| --- | --- |

(b)

the planning and preparatory phase of exercises, unless approved by the Special Committee;

| (c) | transport, barracks and lodging for forces. |
| --- | --- |

(c)

transport, barracks and lodging for forces.

Article 17

Reference amount

Any Council decision by which the Council decides to establish or extend an EU military operation shall contain a reference amount for the common costs of that operation. The administrator shall, with the support in particular of the Union military staff and, if he is in office, the operation commander, evaluate the amount judged necessary to cover the common costs of the operation for the planned period. The administrator shall propose this amount through the Presidency to the Council body responsible for examining the draft decision. The members of the Special Committee shall be invited to the discussions of this body concerning the reference amount.

CHAPTER 6

BUDGET

Article 18

Budgetary principles

1.   The budget, drawn up in euro, is the act which for each financial year lays down and authorises all the revenue and expenditure relating to common costs administered by Athena.

2.   All expenditure shall be linked to a specific operation, except where appropriate for the costs listed in Annex I.

3.   The appropriations entered in the budget are authorised for the duration of a financial year which begins on 1 January and ends on 31 December of the same year.

4.   Budget revenue and expenditure shall be in balance.

5.   No revenue or expenditure relating to common costs may be implemented other than by allocation to a heading in the budget and within the limit of the appropriations entered there, except pursuant to Article 32(5).

Article 19

Annual budget

1.   Each year the administrator shall draw up a draft budget for the following financial year, with the assistance of each operation commander for his operation.

2.   The draft shall include:

| (a) | the appropriations deemed necessary to cover the common costs incurred in preparation for, or further to, operations; |
| --- | --- |

(a)

the appropriations deemed necessary to cover the common costs incurred in preparation for, or further to, operations;

| (b) | the appropriations deemed necessary to cover the operational common costs for ongoing or planned operations, including, where appropriate, to reimburse common costs which have been pre-financed by a State or third party; |
| --- | --- |

(b)

the appropriations deemed necessary to cover the operational common costs for ongoing or planned operations, including, where appropriate, to reimburse common costs which have been pre-financed by a State or third party;

| (c) | the provisional appropriations as referred to in Article 26; |
| --- | --- |

(c)

the provisional appropriations as referred to in Article 26;

| (d) | a forecast of the revenue needed to cover expenditure. |
| --- | --- |

(d)

a forecast of the revenue needed to cover expenditure.

3.   The commitment and payment appropriations shall be classified in titles and chapters grouping expenditure together by type or purpose, subdivided as necessary into articles. Detailed comments by chapter or article shall be included in the draft budget. One specific title shall be dedicated to each operation. One specific title shall be the general part of the budget and shall include the common costs incurred in preparation for, or further to, operations.

4.   Each title may include a chapter entitled ‘provisional appropriations’. These appropriations shall be entered where there is uncertainty, based on serious grounds, about the amount of appropriations needed or the scope for implementing the appropriations entered.

5.   Revenue shall consist of:

| (a) | contributions payable by the participating and contributing Member States and, where appropriate, by contributing third States; |
| --- | --- |

(a)

contributions payable by the participating and contributing Member States and, where appropriate, by contributing third States;

| (b) | miscellaneous revenue, subdivided by title, which includes interest received, revenue from sales and the budget outturn from the previous financial year, after it has been determined by the Special Committee. |
| --- | --- |

(b)

miscellaneous revenue, subdivided by title, which includes interest received, revenue from sales and the budget outturn from the previous financial year, after it has been determined by the Special Committee.

6.   The administrator shall propose the draft budget to the Special Committee by 31 October at the latest. The Special Committee shall approve the draft budget by 31 December. The administrator shall adopt the approved budget and notify the participating Member States and contributing third States.

Article 20

Amending budgets

1.   In the case of unavoidable, exceptional or unforeseen circumstances, including when an operation is launched during the course of the financial year, the administrator shall propose a draft amending budget. The draft amending budget shall be drawn up, proposed, approved and adopted and notification given in accordance with the same procedure as the annual budget. The Special Committee shall discuss it taking account of its urgency.

2.   When this draft amending budget results from the launching of a new operation or changes in the budget of an ongoing operation, the administrator will inform the Special Committee of the total costs foreseen for this operation. If these costs substantially exceed the relevant reference amount, the Special Committee may request the Council to approve it.

3.   The draft amending budget resulting from the launching of a new operation shall be submitted to the Special Committee within a period of four months after the approval of the reference amount, unless the Special Committee decides on a longer deadline.

Article 21

Transfers

1.   The administrator, where appropriate on the basis of a proposal by the operation commander, may make transfers of appropriations. The administrator shall inform the Special Committee of his intention, in so far as the urgency of the situation permits, at least one week in advance. However, the prior approval of the Special Committee shall be required when:

| (a) | the planned transfer will amend the total of the appropriations provided for an operation;
  or |
| --- | --- |

(a)

the planned transfer will amend the total of the appropriations provided for an operation;

or

| (b) | the planned transfers between chapters during the financial year exceed 10 % of the appropriations entered in the chapter from which the appropriations are being drawn, as appearing in the adopted budget for the financial year on the date when the proposal for the transfer in question is made. |
| --- | --- |

(b)

the planned transfers between chapters during the financial year exceed 10 % of the appropriations entered in the chapter from which the appropriations are being drawn, as appearing in the adopted budget for the financial year on the date when the proposal for the transfer in question is made.

2.   When he deems this to be necessary for the proper conduct of an operation, in the three months following the date of launching of the operation, the operation commander may make transfers of appropriations allocated for the operation, between articles and between chapters in the ‘operational common costs’ section of the budget. He shall inform the administrator and the Special Committee thereof.

Article 22

Carryover of appropriations

1.   In principle, the appropriations intended to cover the common costs incurred in preparation for, or further to, operations, which have not been committed are cancelled at the end of the financial year, if not otherwise provided for in paragraph 2.

2.   Appropriations intended to cover the cost of storing material and equipment administered by Athena may be carried over once to the following financial year, when a commitment to that effect was made before 31 December of the current financial year. Appropriations intended to cover operational common costs may be carried over if they are necessary for an operation which has not been fully wound up.

3.   The administrator shall submit proposals for the carrying over of non-committed appropriations from the preceding financial year to the Special Committee by 15 February. These proposals shall be deemed approved unless the Special Committee decides otherwise by 15 March.

4.   The committed appropriations from the preceding financial year shall be carried over and the Special Committee shall be informed thereof by the administrator by 15 February.

Article 23

Anticipated implementation

Once the annual budget has been approved, appropriations may be used to cover commitments and payments in so far as operationally necessary.

CHAPTER 7

CONTRIBUTIONS AND REIMBURSEMENTS

Article 24

Determination of contributions

1.   Payment appropriations to cover the common costs incurred in preparation for, or further to, operations which are not covered by miscellaneous revenue shall be financed by contributions from the participating Member States.

2.   Payment appropriations to cover the operational common costs of an operation shall be covered by contributions from the contributing States.

3.   The contributions payable by the contributing Member States for an operation shall be equal to the amount of the payment appropriations entered in the budget and intended to cover the operational common costs of that operation, after deduction of the amounts of the contributions payable for the same operation by contributing third States pursuant to Article 12.

4.   The breakdown of contributions between the Member States from whom a contribution is required shall be determined in accordance with the gross national product scale as specified in Article 41(2) of the TEU and in accordance with the Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities’ own resources (3), or any other Council decision which may replace it.

5.   The data for the calculation of contributions shall be those set out in the ‘GNI own resources’ column in the ‘Summary of financing of the general budget by type of own resource and by Member State’ table appended to the latest general budget adopted by the Union. The contribution of each Member State from whom a contribution is due shall be proportional to the share of gross national income (GNI) of that Member State in the total GNI aggregate of the Member States from whom a contribution is due.

Article 25

Schedule for payment of contributions

1.   When the Council has adopted a reference amount for an EU military operation, the contributing Member States shall pay their contributions at the level of 30 % of the reference amount, unless the Council decides on a different percentage. The administrator shall call for contributions according to operational needs for the operation up to the agreed level.

2.   The Special Committee, on the basis of a proposal by the administrator, may decide that additional contributions will be called before the adoption of an amending budget for the operation. The Special Committee may decide to refer the matter to the competent preparatory bodies at the Council.

3.   When an amending budget has been adopted for a specific operation, the Member States shall pay the balance of the contributions which they owe for that operation in application of Article 24. However, when the operation is planned to last more than six months within a financial year, the balance of contributions shall be paid in two instalments. In such a case, the first instalment shall be paid within 60 days of the launching of the operation; the second instalment shall be paid by a deadline to be set by the Special Committee acting on a proposal from the administrator, taking into account operational needs. The Special Committee may depart from the provisions of this paragraph.

4.   The administrator shall send the corresponding calls for contributions by letter to the national administrations whose details have been communicated to him when:

| (a) | a draft budget for a financial year is approved by the Special Committee provided for in Article 19. The first call for contributions covers the operational needs for eight months. The second call for contributions covers the remaining balance of contributions, taking into account the balance of the previous year budget outturn if the Special Committee decided to enter this balance in the current budget after the audit opinion has been received; |
| --- | --- |

(a)

a draft budget for a financial year is approved by the Special Committee provided for in Article 19. The first call for contributions covers the operational needs for eight months. The second call for contributions covers the remaining balance of contributions, taking into account the balance of the previous year budget outturn if the Special Committee decided to enter this balance in the current budget after the audit opinion has been received;

| (b) | a reference amount has been adopted as provided for in Article 25(1); or |
| --- | --- |

(b)

a reference amount has been adopted as provided for in Article 25(1); or

| (c) | an amending budget is approved as provided for in Article 20. |
| --- | --- |

(c)

an amending budget is approved as provided for in Article 20.

5.   Without prejudice to the other provisions in this Decision, the contributions shall be paid within 30 days following despatch of the relevant call for contributions, with the exception of the first call for contributions for a new financial year’s budget, where the deadline for payment shall be 40 days following dispatch of the relevant call for contributions.

6.   Each contributing State shall pay the bank charges relating to the payment of its own contribution.

7.   The administrator shall acknowledge receipt of contributions.

Article 26

Early financing

1.   In the case of an EU military rapid response operation, contributions shall be due by contributing Member States at the level of the reference amount. Without prejudice to Article 25(3), payments shall be made as defined below.

2.   For the purpose of the early financing of EU military rapid response operations, the participating Member States shall either:

| (a) | pay contributions to Athena in advance; or |
| --- | --- |

(a)

pay contributions to Athena in advance; or

| (b) | when the Council decides to conduct an EU military rapid response operation to the financing of which they contribute, pay their contributions to the common costs of that operation within five days following despatch of the call at the level of the reference amount, unless the Council decides otherwise. |
| --- | --- |

(b)

when the Council decides to conduct an EU military rapid response operation to the financing of which they contribute, pay their contributions to the common costs of that operation within five days following despatch of the call at the level of the reference amount, unless the Council decides otherwise.

3.   For the purpose referred to above, the Special Committee, composed of one representative of each of the Member States contributing in advance, shall establish provisional appropriations in a specific title in the budget. These provisional appropriations shall be covered by contributions payable by the Member States contributing in advance within 90 days following despatch of the call for these contributions.

4.   Any provisional appropriations referred to in paragraph 3 which are used for an operation shall be replenished within 90 days following despatch of the call.

5.   Without prejudice to paragraph 1, any Member State contributing in advance may in specific circumstances authorise the administrator to use its contribution paid in advance to cover its contribution to an operation in which it participates, other than a rapid response operation. The contribution paid in advance shall be replenished by the Member State concerned within 90 days following despatch of the call.

6.   Where funds are required for an operation, other than a rapid response operation, before sufficient contributions to that operation have been received:

| (a) | contributions paid in advance by Member States which contribute to financing that operation after approval by the Member States contributing in advance, may be used up to 75 % of their amount to cover contributions due to that operation. The contributions paid in advance shall be replenished by the Member States contributing in advance within 90 days following despatch of the call; |
| --- | --- |

(a)

contributions paid in advance by Member States which contribute to financing that operation after approval by the Member States contributing in advance, may be used up to 75 % of their amount to cover contributions due to that operation. The contributions paid in advance shall be replenished by the Member States contributing in advance within 90 days following despatch of the call;

| (b) | in the case referred to in point (a) of this paragraph, contributions due for the operation under Article 25(1) from Member States that had not contributed in advance shall be paid, after approval by the Member States concerned, within five days following despatch of the call by the administrator. |
| --- | --- |

(b)

in the case referred to in point (a) of this paragraph, contributions due for the operation under Article 25(1) from Member States that had not contributed in advance shall be paid, after approval by the Member States concerned, within five days following despatch of the call by the administrator.

7.   Notwithstanding Article 32(3), the operation commander may commit and pay the amounts made available to him.

8.   Any Member State may reverse its option by notifying the administrator at least three months in advance.

9.   Interest earned on the early financing will be apportioned annually to the Member States contributing in advance and added to their provisional appropriations. The amounts will be notified to those Member States as part of the annual budgetary approval process.

Article 27

Reimbursement of pre-financing

1.   A Member State, a third State or, as appropriate, an international organisation which has been authorised by the Council to pre-finance a part of the common costs of an operation may obtain reimbursement from Athena by making a request accompanied by the necessary supporting documents and addressed to the administrator at the latest two months after the date of completion of the operation concerned.

2.   No request for reimbursement may be honoured if it has not been approved by the operation commander, if still in office, and by the administrator.

3.   If a request for reimbursement presented by a contributing State is approved, it may be deducted from the next call for contributions addressed to that State by the administrator.

4.   If no call for contributions is anticipated when the request is approved, or if the approved request for reimbursement would exceed the anticipated contribution, the administrator shall make payment of the amount to be reimbursed within 30 days, taking account of Athena’s cash flow and of what is needed to finance the common costs of the operation concerned.

5.   Reimbursement shall be due in accordance with this Decision even if the operation is cancelled.

6.   Reimbursement shall include interest earned on the amount made available through pre-financing.

Article 28

Management by Athena of expenditure not included in common costs

1.   The Special Committee, on the basis of a proposal by the administrator, with the assistance of the operation commander, or by a Member State, may decide that the administrative management of certain expenditure in relation to an operation (‘nation borne costs’), while remaining the responsibility of the Member State which it concerns, shall be entrusted to Athena.

2.   The Special Committee, in its decision, may authorise the operation commander to enter into contracts on behalf of the Member States participating in an operation and, where appropriate, third parties, for the acquisition of the services and supplies to be financed as nation borne costs.

3.   The Special Committee, in its decision, shall lay down the modalities for the pre-financing of nation borne costs.

4.   Athena shall keep accounts of the nation borne costs entrusted to it and incurred by each Member State and, where appropriate, third parties. Each month it shall send each Member State and, where appropriate, those third parties, a statement of the expenditure borne by it and incurred by it or by its staff during the preceding month, and shall call for the necessary funds to pay for this expenditure. The Member States and, where appropriate, those third parties, shall pay Athena the funds required within 30 days following despatch of the call for funds.

Article 29

Interest on late payment

1.   If a State does not fulfil its financial obligations, the Union rules on interest on late payment determined by Article 71 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4) in relation to the payment of contributions to the EU budget shall be applicable by analogy.

2.   When payment is late by no more than 10 days, no interest shall be charged. When payment is late by more than 10 days, interests shall be charged for the entire delay.

CHAPTER 8

IMPLEMENTATION OF EXPENDITURE

Article 30

Principles

1.   Athena’s appropriations shall be used in accordance with the principles of sound financial management, i.e. economy, effectiveness and efficiency.

2.   Authorising officers shall be responsible for implementing Athena’s revenue and expenditure in accordance with the principles of sound financial management and for ensuring that the requirements of legality and regularity are complied with. To implement expenditure, the authorising officers shall make budgetary commitments and legal commitments, shall validate expenditure and authorise payments and shall undertake the preliminaries for the implementation of appropriations. An authorising officer may delegate his duties by a decision determining:

| (a) | staff at an appropriate level for such delegation; |
| --- | --- |

(a)

staff at an appropriate level for such delegation;

| (b) | the extent of the conferred powers; |
| --- | --- |

(b)

the extent of the conferred powers;

| (c) | the scope for beneficiaries to subdelegate their powers. |
| --- | --- |

(c)

the scope for beneficiaries to subdelegate their powers.

3.   The implementation of appropriations according to the principle of the segregation of the authorising officer and the accounting officer shall be ensured. The duties of authorising officer and accounting officer shall be mutually incompatible. Any payment made from funds administered by Athena shall require the joint signature of an authorising officer and an accounting officer.

4.   Without prejudice to this Decision, when the implementation of common expenditure is entrusted to a Member State, a Union institution or, as appropriate, an international organisation, that State, institution or organisation shall apply the rules applicable to the implementation of its own expenditure. When the administrator implements expenditure directly, it shall comply with the rules applicable to the implementation of the ‘Council’ section of the general budget of the European Union.

5.   However, the administrator may provide the Presidency with elements for proposal to the Council or the Special Committee on rules for the implementation of common expenditure.

6.   The Special Committee may approve rules for the implementation of common expenditure which depart from paragraph 4.

Article 31

Common costs incurred in preparation for, or further to, operations, or not linked directly to a specific operation

The administrator shall perform the duties of authorising officer for expenditure covering the common costs incurred in preparation for, or further to, operations, as well as common costs which cannot be linked directly to a specific operation.

Article 32

Operational common costs

1.   The operation commander shall carry out the duties of authorising officer for expenditure covering the operational common costs of the operation he commands. However, the administrator shall carry out the duties of authorising officer for expenditure covering the operational common costs incurred during the preparatory phase of a specific operation, which are implemented directly by Athena, or related to the operation after the end of its active phase.

2.   The sums required for the implementation of expenditure on an operation shall be transferred by the administrator from Athena’s bank account to the operation commander, upon his request, into the bank account opened on behalf of Athena, of which the operation commander has provided the details.

3.   By way of derogation from Article 18(5), the adoption of a reference amount shall activate the right of the administrator and the operation commander, each in his area of competence, to commit and pay expenses for the operation concerned up to the percentage of the reference amount approved as provided for in Article 25(1), unless the Council decides on a higher level for commitments.

The Special Committee, on the basis of a proposal from the administrator or the operation commander and taking into account the operational necessity and urgency, may decide that additional expenditure may be committed and, as appropriate, paid. The Special Committee may decide to refer the question to the competent preparatory bodies at the Council through the Presidency unless operational circumstances dictate otherwise. This derogation shall not be applied as from the date of adoption of a budget for the operation concerned.

4.   During the period prior to the adoption of a budget for an operation, the administrator and the operation commander or his representative shall report to the Special Committee every month, each reporting on the matters concerning him, as regards the expenses which are eligible as common costs for that operation. The Special Committee, on the basis of a proposal by the administrator, the operation commander or a Member State, may issue directives on the implementation of expenditure during that period.

5.   By way of derogation from Article 18(5), in the case of imminent danger to the lives of personnel involved in an EU military operation, the operation commander for that operation may implement the necessary expenditure to save the lives of those personnel, in excess of the appropriations entered in the budget. He shall inform the administrator and the Special Committee as soon as possible. In such a case, the administrator shall, liaising with the operation commander, propose the transfers needed to finance this unexpected expenditure. If it is not possible to ensure sufficient funding for such expenditure by means of a transfer, the administrator shall propose an amending budget.

CHAPTER 9

FINAL DESTINATION OF EQUIPMENT AND INFRASTRUCTURE FINANCED IN COMMON

Article 33

Equipment and infrastructure

1.   With a view to winding up the operation which he has commanded, the operation commander shall propose a final destination for the equipment and infrastructure financed in common for that operation. He shall propose to the Special Committee the relevant rate of depreciation as necessary.

2.   The administrator shall manage the equipment and infrastructure remaining after the end of the active phase of the operation, with a view if necessary to finding its final destination. He shall propose to the Special Committee the relevant rate of depreciation as necessary.

3.   The depreciation rate for equipment, infrastructure and other assets shall be approved by the Special Committee at the earliest time possible.

4.   The final destination of equipment and infrastructure financed in common shall be approved by the Special Committee, taking into account operational needs and financial criteria. The final destination may be as follows:

| (a) | in the case of infrastructure, be sold or transferred through Athena to the host country, a Member State or a third party; |
| --- | --- |

(a)

in the case of infrastructure, be sold or transferred through Athena to the host country, a Member State or a third party;

| (b) | in the case of equipment, be sold through Athena to a Member State, the host country or a third party, or be stored and maintained by Athena, a Member State or such a third party, for use in a subsequent operation. |
| --- | --- |

(b)

in the case of equipment, be sold through Athena to a Member State, the host country or a third party, or be stored and maintained by Athena, a Member State or such a third party, for use in a subsequent operation.

5.   When sold, equipment and infrastructure shall be sold for their market value, or, where no market value can be determined, for a fair and reasonable price taking into account specific local conditions.

6.   Sale or transfer to the host country or a third party shall be in accordance with the relevant security rules in force.

7.   When it is decided that Athena shall retain equipment financed in common for an operation, the contributing Member States may ask for financial compensation from the other participating Member States. The Special Committee, composed of the representatives of all the participating Member States, shall take the appropriate decisions on the basis of a proposal from the administrator.

CHAPTER 10

ACCOUNTING AND INVENTORY

Article 34

Accounting for operational common costs

The operation commander shall keep accounts of transfers received from Athena, of expenditure he has committed and of payments made and of revenue received, as well as an inventory of the movable property financed by the Athena budget and used for the operation which he commands.

Article 35

Consolidated accounts

1.   The accounting officer shall keep the accounts of contributions called for and transfers made. He shall also draw up the accounts for the common costs incurred in preparation for, or further to, operations, and for operational expenditure and revenue implemented under the direct responsibility of the administrator.

2.   The accounting officer shall draw up the consolidated accounts for Athena’s revenue and expenditure. Each operation commander shall send him the accounts for the expenditure he has committed and the payments he has made, and of revenue received.

CHAPTER 11

AUDIT AND PRESENTATION OF ACCOUNTS

Article 36

Regular reports to the Special Committee

Every three months, the administrator shall present to the Special Committee a report on the implementation of revenue and expenditure since the beginning of the financial year. To this end, every operation commander shall provide the administrator with a report on expenditure relating to the operational common costs of the operation which he commands.

Article 37

Conditions for the exercise of controls

1.   The persons responsible for auditing Athena’s revenue and expenditure shall, before carrying out their task, have received clearance for access to classified information up to at least ‘Secret UE’ level held by the Council, or equivalent clearance from a Member State or NATO, as appropriate. Those persons shall ensure that they respect the confidentiality of the information and protect the data of which they acquire knowledge during their audit task, in accordance with the rules applicable to that information and those data.

2.   The persons responsible for auditing Athena’s revenue and expenditure shall have access without delay and without giving prior notice to the documents and to the contents of all data supports relating to that revenue and expenditure, and to the premises where those documents and supports are kept. They may make copies. The persons involved in implementing Athena’s revenue and expenditure shall give the administrator and the persons responsible for the audit of that revenue and expenditure the necessary assistance in performing their task.

Article 38

External auditing of the accounts

1.   When the implementation of Athena’s expenditure has been entrusted to a Member State, a Union institution or an international organisation, that State, institution or organisation shall apply the rules which apply to the auditing of its own expenditure.

2.   However, the administrator or persons appointed by him may at any time carry out an audit of the common costs of Athena incurred in preparation for, or further to, operations, or the operational common costs of an operation. Furthermore, the Special Committee, on the basis of a proposal by the administrator or a Member State, may at any time appoint external auditors, whose tasks and conditions of employment it shall determine.

3.   With a view to external audits, a six-member College of Auditors shall be established. The Special Committee shall appoint members for a three-year period, renewable once, from candidates proposed by the Member States. The Special Committee may extend a member’s mandate by up to six months.

The candidates must be members of the highest national audit body of a Member State, or recommended by that body, and offer adequate guarantees of security and independence. They must be available to carry out tasks on behalf of Athena as needed. In carrying out these tasks:

| (a) | the members of the College shall continue to be paid by their audit body of origin; Athena shall bear their mission expenses in accordance with the rules applicable to officials of the European Union of an equivalent grade; |
| --- | --- |

(a)

the members of the College shall continue to be paid by their audit body of origin; Athena shall bear their mission expenses in accordance with the rules applicable to officials of the European Union of an equivalent grade;

| (b) | the members shall neither request nor receive instructions other than from the Special Committee; within its audit mandate the College of Auditors and its members shall be completely independent and solely responsible for the conduct of the external audit; |
| --- | --- |

(b)

the members shall neither request nor receive instructions other than from the Special Committee; within its audit mandate the College of Auditors and its members shall be completely independent and solely responsible for the conduct of the external audit;

| (c) | the members shall only report on their task to the Special Committee; |
| --- | --- |

(c)

the members shall only report on their task to the Special Committee;

| (d) | the members shall check during the financial year as well as ex post, through controls on the spot as well as on supporting documents, that expenditure financed or pre-financed through Athena is implemented in accordance with the legislation applicable and the principles of sound financial management, i.e. economy, effectiveness and efficiency, and that internal controls are adequate. |
| --- | --- |

(d)

the members shall check during the financial year as well as ex post, through controls on the spot as well as on supporting documents, that expenditure financed or pre-financed through Athena is implemented in accordance with the legislation applicable and the principles of sound financial management, i.e. economy, effectiveness and efficiency, and that internal controls are adequate.

Each year, the College of Auditors shall elect its chairman from amongst its members or extend his term of office. It shall adopt the rules applicable to audits carried out by its members in accordance with the highest international standards. The College of Auditors shall approve the audit reports drawn up by its members before their transmission to the administrator and to the Special Committee.

4.   The Special Committee may decide on a case-by-case basis and upon specific motivations to use other external bodies.

5.   The cost of the audits carried out by auditors acting on behalf of Athena shall be considered as a common cost to be borne by Athena.

Article 39

Internal auditing of the accounts

1.   On the basis of a proposal by the administrator and after informing the Special Committee, the Secretary-General of the Council shall appoint an internal auditor of the Athena mechanism, and at least one deputy internal auditor, for a period of three years, renewable once; internal auditors must have the necessary professional qualifications and offer sufficient guarantees of security and independence. The internal auditor may not be either an authorising officer or accounting officer; he may not take part in the preparation of financial statements.

2.   The internal auditor shall report to the administrator on dealing with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the internal audit in operations and promoting sound financial management. He shall be responsible in particular for assessing the suitability and effectiveness of internal management systems and the performance of departments in implementing policies and reaching objectives by reference to the risks associated with them.

3.   The internal auditor shall perform his duties on all departments involved in the collection of Athena’s revenue or the implementation of expenditure financed through Athena.

4.   The internal auditor shall perform one or more audits during the financial year as appropriate. He shall report to the administrator and inform the operation commander of his findings and recommendations. The operation commander and the administrator shall ensure that action is taken on recommendations resulting from the audits.

5.   The administrator shall submit a report each year to the Special Committee on the internal audit work done, indicating the number and type of internal audits carried out, observations made, recommendations put forward and how those recommendations were followed up.

6.   Furthermore, each operation commander shall give the internal auditor full access to the operation which he commands. The internal auditor shall check that the financial and budgetary systems and procedures function correctly, and shall ensure that robust and effective internal audit systems are in operation.

7.   The proceedings and reports of the internal auditor shall be made available to the College of Auditors along with all supporting documents relating thereto.

Article 40

Annual presentation and closure of accounts

1.   Each operation commander shall provide Athena’s accounting officer by 31 March following the end of the financial year, or within four months following the end of the operation which he commands, whichever is the earlier, with the necessary information to establish the annual accounts for common costs, the annual accounts for expenditure pre-financed and reimbursed pursuant to Article 28 and the annual activity report.

2.   The administrator, with the assistance of the accounting officer and each operation commander, shall establish and provide to the Special Committee and the College of Auditors, by 15 May following the end of the financial year, the financial statements and the annual activity report.

3.   The Special Committee shall be provided, within eight weeks of the transmission of the financial statements, by the College of Auditors with an audit opinion and, by the administrator, assisted by the accounting officer and each operation commander, with Athena’s audited financial statements.

4.   The Special Committee shall be provided, by 30 September following the end of the financial year, with the audit report by the College of Auditors, and shall examine the audit report, the audit opinion and the financial statements with a view to granting a discharge to the administrator, the accounting officer and each operation commander.

5.   All accounts and inventories shall be retained, each at his level, by the accounting officer and each operation commander for a period of five years from the date on which the corresponding discharge was granted. When an operation is terminated, the operation commander shall ensure transmission of all accounts and inventories to the accounting officer.

6.   The Special Committee shall decide to enter the balance of the budget outturn for a financial year for which the accounts have been approved in the budget for the following financial year, as revenue or expenditure depending on the circumstances, by means of an amending budget. The Special Committee may, however, decide to enter the balance of the abovementioned budget outturn after having received the audit opinion from the College of Auditors.

7.   The part of the balance of the budget outturn for a financial year which comes from the implementation of appropriations intended to cover common costs incurred in preparation for, or further to, operations, shall be entered against the next contributions from participating Member States.

8.   The part of the balance of the budget outturn which comes from the implementation of appropriations intended to cover the operational common costs of a given operation shall be entered against the next contributions from the Member States which have contributed to that operation.

9.   If reimbursement cannot be done by deduction from the contributions due to Athena, the balance of the budget outturn shall be repaid to the Member States concerned according to the GNI key of the year of reimbursement.

10.   Each Member State participating in an operation may provide information by 31 March each year to the administrator, where appropriate through the operation commander, on the incremental costs it has incurred for the operation during the previous financial year. This information shall be broken down to show the main items of expenditure. The administrator shall compile this information in order to provide the Special Committee with an overview of the incremental costs of the operation.

Article 41

Closure of the accounts of an operation

1.   When an operation is complete, the Special Committee may decide, on the basis of a proposal by the administrator or by a Member State, that the administrator, with the assistance of the accounting officer and of the operation commander, shall submit to the Special Committee the financial statements for that operation, at least up to the date on which it was completed, and, if possible, up to the date on which it was wound up. The deadline imposed on the administrator may not be less than four months from the date on which the operation was completed.

2.   If the financial statements cannot, within the given deadline, include the revenue and expenditure connected with the winding up of that operation, that revenue and expenditure shall appear in the financial statements for Athena and shall be examined by the Special Committee in the context of the procedure foreseen in Article 40.

3.   The Special Committee shall, based on an opinion of the College of Auditors, approve the financial statements for the operation which have been submitted to it. It shall grant a discharge to the administrator, the accounting officer and each operation commander for the operation in question.

4.   If reimbursement cannot be done by deduction from the contributions due to Athena, the balance of the budget outturn shall be repaid to the Member States concerned according to the GNI key of the year of reimbursement.

CHAPTER 12

MISCELLANEOUS PROVISIONS

Article 42

Liability

1.   The conditions governing the disciplinary or criminal liability of the operation commander, the administrator and other staff made available in particular by the Union institutions or Member States, in the event of misconduct or negligence in the implementation of the budget shall be governed by the staff regulations or the arrangements applicable to them. In addition, Athena may at its own initiative or at the request of a contributing State bring a civil action against the abovementioned staff.

2.   In no case may the Union or the Secretary-General of the Council be held liable by a contributing State as a result of the performance of their duties by the administrator, the accounting officer or the staff assigned to them.

3.   The contractual liability which may arise from contracts concluded in the context of implementation of the budget shall be covered through Athena by the contributing States. It shall be governed by the law applicable to the contracts in question.

4.   In the case of non-contractual liability, any damage caused by the operation headquarters, force headquarters and component headquarters of the crisis structure, the composition of which shall be approved by the operation commander, or by their staff in the course of their duties shall be covered through Athena by the contributing States, in accordance with the general principles common to the laws of the Member States and the staff regulations of the forces, applicable in the theatre of operations.

5.   In no case may the Union or the Member States be held liable by a contributing State for contracts concluded in the framework of budget implementation or for damage caused by the units and departments of the crisis structure, the composition of which shall be approved by the operation commander, or by their staff in the course of their duties.

Article 43

Review and revision

All or part of the present Decision, including its Annexes, shall be reviewed, if necessary, at the request of a Member State or following each operation. It shall be revised at least every three years. In the course of review or revision, all experts relevant to the proceedings, including in Athena’s management bodies, may be called upon.

Article 44

Final provisions

Decision 2008/975/CFSP is hereby repealed.

Article 45

Entry into force

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

Done at Brussels, 19 December 2011.

For the Council

The President

M. KOROLEC

---

(1)  OJ L 63, 28.2.2004, p. 68.

1

(2)  OJ L 345, 23.12.2008, p. 96.

2

(3)  OJ L 163, 23.6.2007, p. 17.

3

(4)  OJ L 248, 16.9.2002, p. 1.

4

---

ANNEX I

COMMON COSTS BORNE BY ATHENA WHENEVER THEY ARE INCURRED

In cases when the following common costs cannot be linked directly to a specific operation, the Special Committee may decide to allocate the corresponding appropriations to the general part of the annual budget. These appropriations should, as much as possible, be entered in the articles showing the operation to which they are most related.

| 1. | Mission expenditure incurred by the operation commander and his staff for submitting an operation’s accounts to the Special Committee. |
| --- | --- |

1.

Mission expenditure incurred by the operation commander and his staff for submitting an operation’s accounts to the Special Committee.

| 2. | Indemnities for damages and costs resulting from claims and legal actions to be paid through Athena. |
| --- | --- |

2.

Indemnities for damages and costs resulting from claims and legal actions to be paid through Athena.

| 3. | Costs pursuant to any decision to store material which was acquired in common for an operation (where these costs are attributed to the general part of the annual budget, a link to a specific operation shall be indicated). |
| --- | --- |

3.

Costs pursuant to any decision to store material which was acquired in common for an operation (where these costs are attributed to the general part of the annual budget, a link to a specific operation shall be indicated).

The general part of the annual budget shall furthermore include appropriations, where necessary, to cover the following common costs in operations to the financing of which the participating Member States contribute:

| 1. | Banking costs. |
| --- | --- |

1.

Banking costs.

| 2. | Auditing costs. |
| --- | --- |

2.

Auditing costs.

| 3. | Common costs relative to the preparatory phase of an operation as defined at Annex II. |
| --- | --- |

3.

Common costs relative to the preparatory phase of an operation as defined at Annex II.

| 4. | Costs related to the development and maintenance of the Athena accounting and asset management system. |
| --- | --- |

4.

Costs related to the development and maintenance of the Athena accounting and asset management system.

---

ANNEX II

OPERATIONAL COMMON COSTS RELATING TO THE PREPARATORY PHASE OF AN OPERATION BORNE BY ATHENA

Incremental costs necessary for exploratory missions and preparations (in particular fact-finding missions and reconnaissance) by military and civilian personnel with a view to a specific EU military operation: transport, accommodation, use of operational communications tools, recruitment of local civilian personnel for the execution of the mission, e.g. interpreters and drivers.

Medical services: the cost of emergency medical evacuations (Medevac) of persons taking part in exploratory missions and preparations by military and civilian personnel with a view to a specific EU military operation, when medical treatment cannot be provided in theatre.

---

ANNEX III

PART A

OPERATIONAL COMMON COSTS RELATIVE TO THE ACTIVE PHASE OF OPERATIONS ALWAYS BORNE BY ATHENA

For any EU military operation, Athena will bear as operational common costs the incremental costs required for the operation defined below.

1.   Incremental costs for (deployable or fixed) headquarters for EU-led operations

| 1.1. | Definition of headquarters whose incremental costs are financed in common:
  (a)   Headquarters (HQ): the headquarters (HQ); the command and support elements approved in the operation plan (OPLAN).
  (b)   Operation Headquarters (OHQ): the static, out-of-area headquarters of the operation commander, which is responsible for building up, launching, sustaining and recovering an EU force.
  The definition of common costs applicable to an OHQ for an operation shall also be applicable to the General-Secretariat of the Council, the European External Action Service and Athena in so far as they are acting directly for that operation.
  (c)   Force Headquarters (FHQ): the headquarters of an EU force deployed to the area of operations.
  (d)   Component Command Headquarters (CCHQ): the headquarters of an EU component commander deployed for the operation (i.e. air, land, maritime and other special forces commanders whom it could be deemed necessary to designate depending on the nature of the operation). |
| --- | --- |

1.1.

Definition of headquarters whose incremental costs are financed in common:

(a)   Headquarters (HQ): the headquarters (HQ); the command and support elements approved in the operation plan (OPLAN).

(b)   Operation Headquarters (OHQ): the static, out-of-area headquarters of the operation commander, which is responsible for building up, launching, sustaining and recovering an EU force.

The definition of common costs applicable to an OHQ for an operation shall also be applicable to the General-Secretariat of the Council, the European External Action Service and Athena in so far as they are acting directly for that operation.

(c)   Force Headquarters (FHQ): the headquarters of an EU force deployed to the area of operations.

(d)   Component Command Headquarters (CCHQ): the headquarters of an EU component commander deployed for the operation (i.e. air, land, maritime and other special forces commanders whom it could be deemed necessary to designate depending on the nature of the operation).

| 1.2. | Definition of incremental costs financed in common:
  (a)   Transport costs: transport to and from the theatre of operations to deploy, sustain and recover FHQs and CCHQs.
  (b)   Travel and accommodation: travel and accommodation costs incurred by the OHQ for official journeys necessary to an operation; travel and accommodation costs incurred by personnel from deployed HQs travelling on official journeys to Brussels and/or operation related meetings.
  (c)   Transport/travel (excluding ‘per diem’ costs) of HQs within the theatre of operations: expenditure related to vehicle transport and other travel by other means and freight costs, including travel by national augmentees and visitors; incremental costs of fuel over and above what normal operations would have cost; lease of additional vehicles; third-party insurance costs imposed by some countries upon international organisations conducting operations in their territory.
  (d)   Administration: additional office and accommodation equipment, contractual services and utilities, maintenance costs of the HQ buildings.
  (e)   Civilian personnel recruited specifically in the eligible HQs for the requirements of the operation: civilian personnel working in the Union, international and local personnel hired in theatre needed for the conduct of the operation over and above the normal operational requirements (including any overtime compensation payments).
  (f)   Communications between eligible HQs and between eligible HQs and directly subordinate forces: capital expenditure for the purchase and use of additional communications and IT equipment and costs for rendered services (lease and maintenance of modems, telephone lines, satphones, cryptofaxes, secure lines, Internet providers, data lines, local area networks).
  (g)   Barracks and lodging/infrastructure: expenditure for acquisition, rental or refurbishing of required HQ facilities in theatre (rental of buildings, shelters, tents), if required.
  (h)   Public information: costs related to information campaigns and to inform media at OHQ and FHQ, in accordance with the information strategy developed by the operational HQ.
  (i)   Representation and hospitality: representational costs; costs at HQ level necessary for the conduct of an operation. |
| --- | --- |

1.2.

Definition of incremental costs financed in common:

(a)   Transport costs: transport to and from the theatre of operations to deploy, sustain and recover FHQs and CCHQs.

(b)   Travel and accommodation: travel and accommodation costs incurred by the OHQ for official journeys necessary to an operation; travel and accommodation costs incurred by personnel from deployed HQs travelling on official journeys to Brussels and/or operation related meetings.

(c)   Transport/travel (excluding ‘per diem’ costs) of HQs within the theatre of operations: expenditure related to vehicle transport and other travel by other means and freight costs, including travel by national augmentees and visitors; incremental costs of fuel over and above what normal operations would have cost; lease of additional vehicles; third-party insurance costs imposed by some countries upon international organisations conducting operations in their territory.

(d)   Administration: additional office and accommodation equipment, contractual services and utilities, maintenance costs of the HQ buildings.

(e)   Civilian personnel recruited specifically in the eligible HQs for the requirements of the operation: civilian personnel working in the Union, international and local personnel hired in theatre needed for the conduct of the operation over and above the normal operational requirements (including any overtime compensation payments).

(f)   Communications between eligible HQs and between eligible HQs and directly subordinate forces: capital expenditure for the purchase and use of additional communications and IT equipment and costs for rendered services (lease and maintenance of modems, telephone lines, satphones, cryptofaxes, secure lines, Internet providers, data lines, local area networks).

(g)   Barracks and lodging/infrastructure: expenditure for acquisition, rental or refurbishing of required HQ facilities in theatre (rental of buildings, shelters, tents), if required.

(h)   Public information: costs related to information campaigns and to inform media at OHQ and FHQ, in accordance with the information strategy developed by the operational HQ.

(i)   Representation and hospitality: representational costs; costs at HQ level necessary for the conduct of an operation.

2.   Incremental costs incurred for providing support to the force as a whole

The costs defined below are those incurred as a consequence of the force deployment to its location:

(a)   Works for deployment/infrastructure: expenditure absolutely needed for the force as a whole to fulfil its mission (jointly used airport, railway, harbours, main logistical roads, including points of disembarkation and forward assembly areas; water surveys, pumping, treatment, distribution and disposal, water and power supply, earthworks and static force protection, storage facilities (in particular for fuel and ammunition), logistical assembly areas; technical support for jointly financed infrastructure).

(b)   Identification marking: specific identification marks, ‘European Union’ identity cards, badges, medals, flags in European Union colours or other Force or HQ identification marking (excluding clothes, hats or uniforms).

(c)   Medical services and facilities: emergency medical evacuations (Medevac). Role 2 and 3 services and facilities at theatre operational element level, such as airports and disembarkation ports approved in the operation plan (OPLAN).

(d)   Acquisition of information: Satellite images for intelligence approved in the operation plan (OPLAN), if they cannot be financed from the funds available in the budget of the European Union Satellite Centre (EUSC).

3.   Incremental costs incurred by EU recourse to NATO common assets and capabilities made available for an EU-led operation.

The cost for the EU of the application for one of its military operations of the arrangements between the EU and NATO relating to release, monitoring and return or recall of NATO common assets and capabilities made available for an EU-led operation. Reimbursements by NATO to the EU.

4.   Incremental costs incurred by the Union for goods, services or works included in the list of common costs and made available in an EU-led operation by a Member State, a Union institution, a third State or an international organisation pursuant to an arrangement referred to in Article 11. Reimbursements by a State, a Union institution or an international organisation based on such an arrangement.

PART B

OPERATIONAL COMMON COSTS RELATING TO THE ACTIVE PHASE OF A SPECIFIC OPERATION, BORNE BY ATHENA WHEN THE COUNCIL SO DECIDES

Transport costs: transport to and from the theatre of operations to deploy, support and recover the forces necessary for the operation.

Multinational task force headquarters: the multinational headquarters of EU task forces deployed in the area of operation.

PART C

OPERATIONAL COMMON COSTS BORNE BY ATHENA WHEN REQUESTED BY THE OPERATION COMMANDER AND APPROVED BY THE SPECIAL COMMITTEE

(a)   Barracks and lodging/infrastructure: expenditure for acquisition, rental or refurbishing of premises in theatre (buildings, shelters, tents), as necessary for the forces deployed for the operation.

(b)   Essential additional equipment: the rental or purchase in the course of the operation of unforeseen specific equipment essential for the execution of the operation, in so far as the purchased equipment is not repatriated at the end of the mission.

(c)   Medical services and facilities: Role 2 services and facilities in theatre, other than those mentioned in Part A.

(d)   Acquisition of information: acquisition of information (satellite images; theatre-level intelligence, reconnaissance and surveillance (ISR), including air-to-ground surveillance (AGSR); human intelligence).

(e)   Other critical theatre-level capabilities: demining if needed for the operation, chemical, biological, radiological and nuclear (CBRN) protection; storage and destruction of weapons and ammunitions collected within the area of operation.

---

ANNEX IV

OPERATIONAL COMMON COSTS RELATIVE TO THE WINDING-UP OF AN OPERATION, BORNE BY ATHENA

Costs incurred for finding the final destination for the equipment and infrastructure commonly funded for the operation.

Incremental costs of drawing up the accounts for the operation. The eligible common costs shall be determined in accordance with Annex III, keeping in view the fact that the staff needed to draw up the accounts belong to the headquarters for that operation, even after the latter has ceased its activities.

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| 23.12.2011 | EN | Official Journal of the European Union | L 343/54 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/54

---

COUNCIL DECISION 2011/872/CFSP

of 22 December 2011

updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Decision 2011/430/CFSP

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

| (1) | On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1). |
| --- | --- |

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

| (2) | On 18 July 2011, the Council adopted Decision 2011/430/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2). |
| --- | --- |

(2)

On 18 July 2011, the Council adopted Decision 2011/430/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP (2).

| (3) | In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to carry out a complete review of the list of persons, groups and entities to which Decision 2011/430/CFSP applies. |
| --- | --- |

(3)

In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to carry out a complete review of the list of persons, groups and entities to which Decision 2011/430/CFSP applies.

| (4) | This Decision sets out the result of the review that the Council has carried out in respect of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP applies. |
| --- | --- |

(4)

This Decision sets out the result of the review that the Council has carried out in respect of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP applies.

| (5) | The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein. |
| --- | --- |

(5)

The Council has concluded that the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

| (6) | The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2011/430/CFSP should be repealed, |
| --- | --- |

(6)

The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly, and Decision 2011/430/CFSP should be repealed,

HAS ADOPTED THIS DECISION:

Article 1

The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply shall be that set out in the Annex to this Decision.

Article 2

Decision 2011/430/CFSP is hereby repealed.

Article 3

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

Done at Brussels, 22 December 2011.

For the Council

The President

M. DOWGIELEWICZ

---

(1)  OJ L 344, 28.12.2001, p. 93.

1

(2)  OJ L 188, 19.7.2011, p. 47.

2

---

ANNEX

List of persons, groups and entities referred to in Article 1

1.   PERSONS

| 1. | ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born August 11, 1960 in Iran. Passport: D9004878. |
| --- | --- |

1.

ABDOLLAHI Hamed (a.k.a Mustafa Abdullahi), born August 11, 1960 in Iran. Passport: D9004878.

| 2. | ABOU, Rabah Naami (a.k.a. Naami Hamza, a.k.a. Mihoubi Faycal, a.k.a. Fellah Ahmed, a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

2.

ABOU, Rabah Naami (a.k.a. Naami Hamza, a.k.a. Mihoubi Faycal, a.k.a. Fellah Ahmed, a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 3. | ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria), – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

3.

ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria), – member of "al-Takfir" and "al-Hijra"

| 4. | AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia |
| --- | --- |

4.

AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia

| 5. | AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia |
| --- | --- |

5.

AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia

| 6. | ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID no.: 07442833, expiry date 15 March 2016 (USA driving licence). |
| --- | --- |

6.

ARBABSIAR Manssor (a.k.a. Mansour Arbabsiar), born March 6 or 15, 1955 in Iran. Iranian and US national. Passport: C2002515 (Iran); Passport: 477845448 (USA). National ID no.: 07442833, expiry date 15 March 2016 (USA driving licence).

| 7. | ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

7.

ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) – member of "al-Takfir" and "al-Hijra"

| 8. | ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

8.

ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) – member of "al-Takfir" and "al-Hijra"

| 9. | ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

9.

ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) – member of "al-Takfir" and "al-Hijra"

| 10. | BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the "Hofstadgroep" |
| --- | --- |

10.

BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the "Hofstadgroep"

| 11. | DARIB, Noureddine (a.k.a. Carreto, a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

11.

DARIB, Noureddine (a.k.a. Carreto, a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria – member of "al-Takfir" and "al-Hijra"

| 12. | DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

12.

DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria – member of "al-Takfir" and "al-Hijra"

| 13. | FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

13.

FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 14. | IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon |
| --- | --- |

14.

IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon

| 15. | MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555 |
| --- | --- |

15.

MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555

| 16. | MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

16.

MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) – member of "al-Takfir" and "al-Hijra"

| 17. | NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

17.

NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 18. | RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

18.

RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 19. | SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

19.

SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 20. | SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

20.

SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) – member of "al-Takfir" and "al-Hijra"

| 21. | SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

21.

SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) – member of "al-Takfir" and "al-Hijra"

| 22. | SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran. |
| --- | --- |

22.

SHAHLAI Abdul Reza (a.k.a Abdol Reza Shala'i, a.k.a. Abd-al Reza Shalai, a.k.a. Abdorreza Shahlai, a.k.a. Abdolreza Shahla'i, a.k.a. Abdul-Reza Shahlaee, a.k.a.Hajj Yusef, a.k.a. Haji Yusif, a.k.a.Hajji Yasir, a.k.a.Hajji Yusif, a.k.a.Yusuf Abu-al-Karkh), born circa 1957 in Iran. Addresses: (1) Kermanshah, Iran, (2) Mehran Military Base, Ilam Province, Iran.

| 23. | SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran |
| --- | --- |

23.

SHAKURI Ali Gholam, born circa 1965 in Tehran, Iran

| 24. | SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General. |
| --- | --- |

24.

SOLEIMANI Qasem (a.k.a Ghasem Soleymani, a.k.a Qasmi Sulayman, a.k.a Qasem Soleymani, a.k.a Qasem Solaimani, a.k.a Qasem Salimani, a.k.a Qasem Solemani, a.k.a Qasem Sulaimani, a.k.a Qasem Sulemani), born March 11, 1957 in Iran. Iranian national. Passport: 008827 (Iran Diplomatic), issued 1999. Title: Major General.

| 25. | TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) – member of "al-Takfir" and "al-Hijra" |
| --- | --- |

25.

TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) – member of "al-Takfir" and "al-Hijra"

| 26. | WALTERS, Jason Theodore James (a.k.a. Abdullah, a.k.a. David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No. NE8146378 – member of the "Hofstadgroep" |
| --- | --- |

26.

WALTERS, Jason Theodore James (a.k.a. Abdullah, a.k.a. David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No. NE8146378 – member of the "Hofstadgroep"

2.   GROUPS AND ENTITIES

| 1. | "Abu Nidal Organisation" – "ANO" (a.k.a. "Fatah Revolutionary Council", a.k.a. "Arab Revolutionary Brigades", a.k.a. "Black September", a.k.a. "Revolutionary Organisation of Socialist Muslims") |
| --- | --- |

1.

"Abu Nidal Organisation" – "ANO" (a.k.a. "Fatah Revolutionary Council", a.k.a. "Arab Revolutionary Brigades", a.k.a. "Black September", a.k.a. "Revolutionary Organisation of Socialist Muslims")

| 2. | "Al-Aqsa Martyrs' Brigade" |
| --- | --- |

2.

"Al-Aqsa Martyrs' Brigade"

| 3. | "Al-Aqsa e.V." |
| --- | --- |

3.

"Al-Aqsa e.V."

| 4. | "Al-Takfir" and "Al-Hijra" |
| --- | --- |

4.

"Al-Takfir" and "Al-Hijra"

| 5. | "Babbar Khalsa" |
| --- | --- |

5.

"Babbar Khalsa"

| 6. | "Communist Party of the Philippines", including "New People's Army" – "NPA", Philippines |
| --- | --- |

6.

"Communist Party of the Philippines", including "New People's Army" – "NPA", Philippines

| 7. | "Gama'a al-Islamiyya" (a.k.a. "Al-Gama'a al-Islamiyya") ("Islamic Group" – "IG") |
| --- | --- |

7.

"Gama'a al-Islamiyya" (a.k.a. "Al-Gama'a al-Islamiyya") ("Islamic Group" – "IG")

| 8. | "İslami Büyük Doğu Akıncılar Cephesi" – "IBDA-C" ("Great Islamic Eastern Warriors Front") |
| --- | --- |

8.

"İslami Büyük Doğu Akıncılar Cephesi" – "IBDA-C" ("Great Islamic Eastern Warriors Front")

| 9. | "Hamas", including "Hamas-Izz al-Din al-Qassem" |
| --- | --- |

9.

"Hamas", including "Hamas-Izz al-Din al-Qassem"

| 10. | "Hizbul Mujahideen" – "HM" |
| --- | --- |

10.

"Hizbul Mujahideen" – "HM"

| 11. | "Hofstadgroep" |
| --- | --- |

11.

"Hofstadgroep"

| 12. | "Holy Land Foundation for Relief and Development" |
| --- | --- |

12.

"Holy Land Foundation for Relief and Development"

| 13. | "International Sikh Youth Federation" – "ISYF" |
| --- | --- |

13.

"International Sikh Youth Federation" – "ISYF"

| 14. | "Khalistan Zindabad Force" – "KZF" |
| --- | --- |

14.

"Khalistan Zindabad Force" – "KZF"

| 15. | "Kurdistan Workers' Party" – "PKK", (a.k.a. "KADEK", a.k.a. "KONGRA-GEL") |
| --- | --- |

15.

"Kurdistan Workers' Party" – "PKK", (a.k.a. "KADEK", a.k.a. "KONGRA-GEL")

| 16. | "Liberation Tigers of Tamil Eelam" – "LTTE" |
| --- | --- |

16.

"Liberation Tigers of Tamil Eelam" – "LTTE"

| 17. | "Ejército de Liberación Nacional" ("National Liberation Army") |
| --- | --- |

17.

"Ejército de Liberación Nacional" ("National Liberation Army")

| 18. | "Palestinian Islamic Jihad" – "PIJ" |
| --- | --- |

18.

"Palestinian Islamic Jihad" – "PIJ"

| 19. | "Popular Front for the Liberation of Palestine" – "PFLP" |
| --- | --- |

19.

"Popular Front for the Liberation of Palestine" – "PFLP"

| 20. | "Popular Front for the Liberation of Palestine – General Command" (a.k.a. "PFLP – General Command") |
| --- | --- |

20.

"Popular Front for the Liberation of Palestine – General Command" (a.k.a. "PFLP – General Command")

| 21. | "Fuerzas armadas revolucionarias de Colombia" – "FARC" ("Revolutionary Armed Forces of Colombia") |
| --- | --- |

21.

"Fuerzas armadas revolucionarias de Colombia" – "FARC" ("Revolutionary Armed Forces of Colombia")

| 22. | "Devrimci Halk Kurtuluș Partisi-Cephesi" – "DHKP/C" (a.k.a. "Devrimci Sol" ("Revolutionary Left"), a.k.a. "Dev Sol") ("Revolutionary People's Liberation Army/Front/Party") |
| --- | --- |

22.

"Devrimci Halk Kurtuluș Partisi-Cephesi" – "DHKP/C" (a.k.a. "Devrimci Sol" ("Revolutionary Left"), a.k.a. "Dev Sol") ("Revolutionary People's Liberation Army/Front/Party")

| 23. | "Sendero Luminoso" – "SL" ("Shining Path") |
| --- | --- |

23.

"Sendero Luminoso" – "SL" ("Shining Path")

| 24. | "Stichting Al Aqsa" (a.k.a. "Stichting Al Aqsa Nederland", a.k.a. "Al Aqsa Nederland") |
| --- | --- |

24.

"Stichting Al Aqsa" (a.k.a. "Stichting Al Aqsa Nederland", a.k.a. "Al Aqsa Nederland")

| 25. | "Teyrbazen Azadiya Kurdistan" – "TAK" (a.k.a. "Kurdistan Freedom Falcons", a.k.a. "Kurdistan Freedom Hawks") |
| --- | --- |

25.

"Teyrbazen Azadiya Kurdistan" – "TAK" (a.k.a. "Kurdistan Freedom Falcons", a.k.a. "Kurdistan Freedom Hawks")

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/57 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/57

---

COMMISSION IMPLEMENTING DECISION

of 14 December 2011

on the determination of quantities and the allocation of quotas for substances controlled under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer, for the period 1 January to 31 December 2012

(notified under document C(2011) 9196)

(Only the Dutch, English, French, German, Greek, Italian, Polish, Portuguese and Spanish texts are authentic)

(2011/873/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (1), and in particular to Articles 10(2) and 16 thereof,

Whereas:

| (1) | The release for free circulation in the Union of imported controlled substances is subject to quantitative limits as set out in Article 16 of Regulation (EC) No 1005/2009. |
| --- | --- |

(1)

The release for free circulation in the Union of imported controlled substances is subject to quantitative limits as set out in Article 16 of Regulation (EC) No 1005/2009.

| (2) | Furthermore, the Commission is required to determine the quantities of controlled substances other than hydrochlorofluorocarbons that may be used for essential laboratory and analytical uses, and the companies that may use them. |
| --- | --- |

(2)

Furthermore, the Commission is required to determine the quantities of controlled substances other than hydrochlorofluorocarbons that may be used for essential laboratory and analytical uses, and the companies that may use them.

| (3) | The determination of the allocated quotas for essential laboratory and analytical uses has to ensure that the quantitative limits set out in Article 10(6) are respected, applying Commission Regulation (EU) No 537/2011 of 1 June 2011 on the mechanism for the allocation of quantities of controlled substances allowed for laboratory and analytical uses in the Union under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (2). As those quantitative limits include quantities of hydrochlorofluorocarbons licensed for laboratory and analytical uses, the production and import of hydrochlorofluorocarbons for those uses should also be covered by that allocation. |
| --- | --- |

(3)

The determination of the allocated quotas for essential laboratory and analytical uses has to ensure that the quantitative limits set out in Article 10(6) are respected, applying Commission Regulation (EU) No 537/2011 of 1 June 2011 on the mechanism for the allocation of quantities of controlled substances allowed for laboratory and analytical uses in the Union under Regulation (EC) No 1005/2009 of the European Parliament and of the Council on substances that deplete the ozone layer (2). As those quantitative limits include quantities of hydrochlorofluorocarbons licensed for laboratory and analytical uses, the production and import of hydrochlorofluorocarbons for those uses should also be covered by that allocation.

| (4) | The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2012 and undertakings intending to request for 2012 a quota for these substances intended for laboratory and analytical uses (2011/C 75/05) (3), and has thereby received declarations on intended imports in 2012. |
| --- | --- |

(4)

The Commission has published a notice to undertakings intending to import or export controlled substances that deplete the ozone layer to or from the European Union in 2012 and undertakings intending to request for 2012 a quota for these substances intended for laboratory and analytical uses (2011/C 75/05) (3), and has thereby received declarations on intended imports in 2012.

| (5) | The quantitative limits and quotas should be determined for the period 1 January to 31 December 2012, in line with the annual reporting cycle under the Montreal Protocol on Substances that Deplete the Ozone Layer. |
| --- | --- |

(5)

The quantitative limits and quotas should be determined for the period 1 January to 31 December 2012, in line with the annual reporting cycle under the Montreal Protocol on Substances that Deplete the Ozone Layer.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 25(1) of Regulation (EC) No 1005/2009,

HAS ADOPTED THIS DECISION:

Article 1

Quantities for release for free circulation

1.   The quantity of controlled substances of group I (chlorofluorocarbons 11, 12, 113, 114 and 115) and group II (other fully halogenated chlorofluorocarbons) subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 11 185 000 ozone depleting potential (ODP) kilograms.

2.   The quantity of controlled substances of group III (halons) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 15 761 510 ODP kilograms.

3.   The quantity of controlled substances of group IV (carbon tetrachloride) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 8 800 220 ODP kilograms.

4.   The quantity of controlled substances of group V (1,1,1-trichloroethane) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 1 000 015 ODP kilograms.

5.   The quantity of controlled substances of group VI (methyl bromide) subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 889 320 ODP kilograms.

6.   The quantity of controlled substances of group VII (hydrobromofluorocarbons) subject to Regulation (EC) No 1005/2009 which may be released for free circulation in the Union in 2012 from sources outside the Union shall be 1 065,8 ODP kilograms.

7.   The quantity of controlled substances of group VIII (hydrochlorofluorocarbons) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 4 581 681,8 ODP kilograms.

8.   The quantity of controlled substances of group IX (bromochloromethane) subject to Regulation (EC) No 1005/2009 that may be released for free circulation in the Union in 2012 from sources outside the Union shall be 294 012 ODP kilograms.

Article 2

Allocation of quotas for release for free circulation

1.   The allocation of quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex I.

2.   The allocation of quotas for halons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex II.

3.   The allocation of quotas for carbon tetrachloride during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex III.

4.   The allocation of quotas for 1,1,1-trichloroethane during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex IV.

5.   The allocation of quotas for methyl bromide during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex V.

6.   The allocation of quotas for hydrobromofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VI.

7.   The allocation of quotas for hydrochlorofluorocarbons during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VII.

8.   The allocation of quotas for bromochloromethane during the period 1 January to 31 December 2012 shall be for the purposes indicated and to the undertakings indicated in Annex VIII.

9.   The individual quotas for undertakings shall be as set out in Annex IX.

Article 3

Quotas for laboratory and analytical uses

The quotas for importing and producing controlled substances for laboratory and analytical uses in the year 2012 shall be allocated to the undertakings listed in Annex X.

The maximum quantities that may be produced or imported in 2012 for laboratory and analytical uses allocated to these undertakings are set out in Annex XI.

Article 4

Period of validity

This Decision shall apply from 1 January 2012 and shall expire on 31 December 2012.

Article 5

Addressees

This Decision is addressed to the following undertakings:

| | ABCR Dr Braunagel GmbH & Co. (DE) |
| --- | --- |
| Im Schlehert 10 |
| 76187 Karlsruhe |
| Germany |

ABCR Dr Braunagel GmbH & Co. (DE)

Im Schlehert 10

76187 Karlsruhe

Germany

| | Aesica Queenborough Ltd |
| --- | --- |
| North Street |
| Queenborough |
| Kent ME11 5EL |
| United Kingdom |

Aesica Queenborough Ltd

North Street

Queenborough

Kent ME11 5EL

United Kingdom

| | Airbus Operations SAS |
| --- | --- |
| Route de Bayonne 316 |
| 31300 Toulouse |
| France |

Airbus Operations SAS

Route de Bayonne 316

31300 Toulouse

France

| | Albany Molecular Research (UK) Ltd |
| --- | --- |
| Mostyn Road |
| Holywell |
| Flintshire CH8 9DN |
| United Kingdom |

Albany Molecular Research (UK) Ltd

Mostyn Road

Holywell

Flintshire CH8 9DN

United Kingdom

| | Albemarle Europe SPRL |
| --- | --- |
| Parc Scientifique Einstein |
| Rue du Bosquet 9 |
| 1348 Louvain-la-Neuve |
| Belgium |

Albemarle Europe SPRL

Parc Scientifique Einstein

Rue du Bosquet 9

1348 Louvain-la-Neuve

Belgium

| | ALFA Agricultural Supplies SA |
| --- | --- |
| 73, Ethnikis Antistasseos Str, |
| 152 31 Chalandri, |
| Athens |
| Greece |

ALFA Agricultural Supplies SA

73, Ethnikis Antistasseos Str,

152 31 Chalandri,

Athens

Greece

| | Arkema France SA |
| --- | --- |
| 420, rue d’Estienne D’Orves |
| 92705 Colombes Cedex |
| France |

Arkema France SA

420, rue d’Estienne D’Orves

92705 Colombes Cedex

France

| | Arkema Quimica SA |
| --- | --- |
| Avenida de Burgos 12 |
| 28036 Madrid |
| Spain |

Arkema Quimica SA

Avenida de Burgos 12

28036 Madrid

Spain

| | Ateliers Bigata SAS |
| --- | --- |
| 10, rue Jean Baptiste Perrin, |
| 33320 Eysines Cedex |
| France |

Ateliers Bigata SAS

10, rue Jean Baptiste Perrin,

33320 Eysines Cedex

France

| | BASF Agri Production SAS |
| --- | --- |
| 32 rue de Verdun |
| 76410 Saint-Aubin lès Elbeuf |
| France |

BASF Agri Production SAS

32 rue de Verdun

76410 Saint-Aubin lès Elbeuf

France

| | Bayer Crop Science AG |
| --- | --- |
| Gebäude A729 |
| 41538 Dormagen |
| Germany |

Bayer Crop Science AG

Gebäude A729

41538 Dormagen

Germany

| | Dow Deutschland Anlagengesellschaft mbH |
| --- | --- |
| Bützflether Sand |
| 21683 Stade |
| Germany |

Dow Deutschland Anlagengesellschaft mbH

Bützflether Sand

21683 Stade

Germany

| | DuPont de Nemours (Nederland) BV |
| --- | --- |
| Baanhoekweg 22 |
| 3313 LA Dordrecht |
| Netherlands |

DuPont de Nemours (Nederland) BV

Baanhoekweg 22

3313 LA Dordrecht

Netherlands

| | Dyneon GmbH |
| --- | --- |
| Werk Gendorf |
| Industrieperkstrasse 1 |
| 84508 Burgkirchen |
| Germany |

Dyneon GmbH

Werk Gendorf

Industrieperkstrasse 1

84508 Burgkirchen

Germany

| | Eras Labo |
| --- | --- |
| 222 D1090 |
| 38330 Saint Nazaire les Eymes |
| France |

Eras Labo

222 D1090

38330 Saint Nazaire les Eymes

France

| | Eusebi Impianti SRL |
| --- | --- |
| Via Mario Natalucci 6 |
| 60131 Ancona |
| Italy |

Eusebi Impianti SRL

Via Mario Natalucci 6

60131 Ancona

Italy

| | Eusebi Service SRL |
| --- | --- |
| Via Vincenzo Pirani 4 |
| 60131 Ancona |
| Italy |

Eusebi Service SRL

Via Vincenzo Pirani 4

60131 Ancona

Italy

| | Fire Fighting Enterprises Ltd |
| --- | --- |
| 9 Hunting Gate, |
| Hitchin SG4 0TJ |
| United Kingdom |

Fire Fighting Enterprises Ltd

9 Hunting Gate,

Hitchin SG4 0TJ

United Kingdom

| | Fujifilm Electronic Materials (Europe) NV |
| --- | --- |
| Keetberglaan 1A |
| Haven 1061 |
| 2070 Zwijndrecht |
| Belgium |

Fujifilm Electronic Materials (Europe) NV

Keetberglaan 1A

Haven 1061

2070 Zwijndrecht

Belgium

| | Halon & Refrigerants Services Ltd |
| --- | --- |
| J. Reid Trading Estate |
| Factory Road, Sandycroft |
| Deeside, Flintshire CH5 2QJ |
| United Kingdom |

Halon & Refrigerants Services Ltd

J. Reid Trading Estate

Factory Road, Sandycroft

Deeside, Flintshire CH5 2QJ

United Kingdom

| | Harp International Ltd |
| --- | --- |
| Gellihirion Industrial Estate |
| Rhondda, Cynon Taff |
| Pontypridd CF37 5SX |
| United Kingdom |

Harp International Ltd

Gellihirion Industrial Estate

Rhondda, Cynon Taff

Pontypridd CF37 5SX

United Kingdom

| | Honeywell Fluorine Products Europe B.V. |
| --- | --- |
| Laarderhoogtweg 18 |
| 1101 EA Amsterdam |
| Netherlands |

Honeywell Fluorine Products Europe B.V.

Laarderhoogtweg 18

1101 EA Amsterdam

Netherlands

| | Honeywell Specialty Chemicals GmbH |
| --- | --- |
| Wunstorfer Strasse 40 |
| Postfach 100262 |
| 30918 Seelze |
| Germany |

Honeywell Specialty Chemicals GmbH

Wunstorfer Strasse 40

Postfach 100262

30918 Seelze

Germany

| | Hovione Farmaciencia SA |
| --- | --- |
| Sete Casas |
| 2674-506 Loures |
| Portugal |

Hovione Farmaciencia SA

Sete Casas

2674-506 Loures

Portugal

| | ICL-IP Europe B.V. |
| --- | --- |
| Fosfaatweeg 48 |
| 1013 BM Amsterdam |
| Netherlands |

ICL-IP Europe B.V.

Fosfaatweeg 48

1013 BM Amsterdam

Netherlands

| | Laboratorios Miret SA |
| --- | --- |
| Geminis 4, |
| 08228 Terrassa, Barcelona |
| Spain |

Laboratorios Miret SA

Geminis 4,

08228 Terrassa, Barcelona

Spain

| | LGC Standards GmbH |
| --- | --- |
| Mercatorstr. 51 |
| 46485 Wesel |
| Germany |

LGC Standards GmbH

Mercatorstr. 51

46485 Wesel

Germany

| | LPG Tecnicas en Extinción de Incendios SL |
| --- | --- |
| C/Mestre Joan Corrales 107-109 |
| 08950 Esplugas de Llobregat, Barcelona |
| Spain |

LPG Tecnicas en Extinción de Incendios SL

C/Mestre Joan Corrales 107-109

08950 Esplugas de Llobregat, Barcelona

Spain

| | Mebrom NV |
| --- | --- |
| Assenedestraat 4 |
| 9940 Rieme Ertvelde |
| Belgium |

Mebrom NV

Assenedestraat 4

9940 Rieme Ertvelde

Belgium

| | Merck KgaA |
| --- | --- |
| Frankfurter Strasse 250 |
| 64271 Darmstadt |
| Germany |

Merck KgaA

Frankfurter Strasse 250

64271 Darmstadt

Germany

| | Mexichem UK Ltd |
| --- | --- |
| PO Box 13 |
| The Heath |
| Runcorn Cheshire WA7 4QX |
| United Kingdom |

Mexichem UK Ltd

PO Box 13

The Heath

Runcorn Cheshire WA7 4QX

United Kingdom

| | Ministry of Defence |
| --- | --- |
| Defence Fuel Lubricants and Chemicals |
| PO Box 10.000 |
| 1780 CA Den Helder |
| Netherlands |

Ministry of Defence

Defence Fuel Lubricants and Chemicals

PO Box 10.000

1780 CA Den Helder

Netherlands

| | Panreac Quimica S.L.U. |
| --- | --- |
| Pol. Ind. Pla de la Bruguera, C/Garraf 2 |
| 08211 Castellar del Vallès-Barcelona |
| Spain |

Panreac Quimica S.L.U.

Pol. Ind. Pla de la Bruguera, C/Garraf 2

08211 Castellar del Vallès-Barcelona

Spain

| | Poż-Pliszka Sp. z o.o. |
| --- | --- |
| ul. Szczecińska 45 |
| 80-392 Gdańsk |
| Poland |

Poż-Pliszka Sp. z o.o.

ul. Szczecińska 45

80-392 Gdańsk

Poland

| | R.P. Chem SRL |
| --- | --- |
| Via San Michele 47 |
| 31062 Casale sul Sile (TV) |
| Italy |

R.P. Chem SRL

Via San Michele 47

31062 Casale sul Sile (TV)

Italy

| | Safety Hi-Tech SRL |
| --- | --- |
| Via Cavour 96 |
| 67051 Avezzano (AQ) |
| Italy |

Safety Hi-Tech SRL

Via Cavour 96

67051 Avezzano (AQ)

Italy

| | Savi Technologie Sp. z o.o. |
| --- | --- |
| Ul. Wolnosci 20 |
| Psary |
| 51-180 Wroclaw |
| Poland |

Savi Technologie Sp. z o.o.

Ul. Wolnosci 20

Psary

51-180 Wroclaw

Poland

| | Sicor SRL |
| --- | --- |
| Via Terazzano 77 |
| 20017 Rho |
| Italy |

Sicor SRL

Via Terazzano 77

20017 Rho

Italy

| | Sigma Aldrich Chemie GmbH |
| --- | --- |
| Riedstrasse 2 |
| 89555 Steinheim |
| Germany |

Sigma Aldrich Chemie GmbH

Riedstrasse 2

89555 Steinheim

Germany

| | Sigma Aldrich Chimie SARL |
| --- | --- |
| 80, rue de Luzais |
| L’isle d’abeau Chesnes |
| 38297 St Quentin Fallavier |
| France |

Sigma Aldrich Chimie SARL

80, rue de Luzais

L’isle d’abeau Chesnes

38297 St Quentin Fallavier

France

| | Sigma Aldrich Company Ltd |
| --- | --- |
| The Old Brickyard, New Road |
| Gillingham SP8 4XT |
| United Kingdom |

Sigma Aldrich Company Ltd

The Old Brickyard, New Road

Gillingham SP8 4XT

United Kingdom

| | Solvay Fluor GmbH |
| --- | --- |
| Hans-Böckler-Allee 20 |
| 30173 Hannover |
| Germany |

Solvay Fluor GmbH

Hans-Böckler-Allee 20

30173 Hannover

Germany

| | Solvay Fluores France |
| --- | --- |
| 25 rue de Clichy |
| 75442 Paris |
| France |

Solvay Fluores France

25 rue de Clichy

75442 Paris

France

| | Solvay Specialty Polymers France SAS |
| --- | --- |
| Avenue de la Republique |
| 39501 Tavaux Cedex |
| France |

Solvay Specialty Polymers France SAS

Avenue de la Republique

39501 Tavaux Cedex

France

| | Solvay Solexis SpA |
| --- | --- |
| Viale Lombardia 20 |
| 20021 Bollate (MI) |
| Italy |

Solvay Solexis SpA

Viale Lombardia 20

20021 Bollate (MI)

Italy

| | Sterling SRL |
| --- | --- |
| Via della Carboneria 30 |
| 06073 Solomeo di Corciano (PG) |
| Italy |

Sterling SRL

Via della Carboneria 30

06073 Solomeo di Corciano (PG)

Italy

| | Syngenta Crop Protection |
| --- | --- |
| Surrey Research Park |
| 30 Priestly Road |
| Guildford Surrey GU2 7YH |
| United Kingdom |

Syngenta Crop Protection

Surrey Research Park

30 Priestly Road

Guildford Surrey GU2 7YH

United Kingdom

| | Tazzetti SpA |
| --- | --- |
| Corso Europa n. 600/a |
| 10070 Volpiano (TO) |
| Italy |

Tazzetti SpA

Corso Europa n. 600/a

10070 Volpiano (TO)

Italy

| | TEGA Technische Gase und Gastechnik GmbH |
| --- | --- |
| Werner-von-Siemens-Strasse 18 |
| 97076 Würzburg |
| Germany |

TEGA Technische Gase und Gastechnik GmbH

Werner-von-Siemens-Strasse 18

97076 Würzburg

Germany

| | Thomas Swan & Co. Ltd |
| --- | --- |
| Rotary Way |
| Consett |
| County Durham DH8 7ND |
| United Kingdom |

Thomas Swan & Co. Ltd

Rotary Way

Consett

County Durham DH8 7ND

United Kingdom

| | Total Feuerschutz GmbH |
| --- | --- |
| Industriestr 13 |
| 68526 Ladenburg |
| Germany |

Total Feuerschutz GmbH

Industriestr 13

68526 Ladenburg

Germany

Done at Brussels, 14 December 2011.

For the Commission

Connie HEDEGAARD

Member of the Commission

---

(1)  OJ L 286, 31.10.2009, p. 1.

1

(2)  OJ L 147, 2.6.2011, p. 4.

2

(3)  OJ C 75, 9.3.2011, p. 4.

3

---

ANNEX I

GROUPS I AND II

Import quotas for chlorofluorocarbons 11, 12, 113, 114 and 115 and other fully halogenated chlorofluorocarbons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses and process agent uses during the period 1 January to 31 December 2012.

Company

Honeywell Fluorine Products Europe (NL)

Mexichem UK (UK)

Solvay Solexis (IT)

Syngenta Crop Protection (UK)

Tazzetti (IT)

TEGA Technische Gase und Gastechnik (DE)

---

ANNEX II

GROUP III

Import quotas for halons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses and critical uses during the period 1 January to 31 December 2012.

Company

Ateliers Bigata (FR)

BASF Agri Product (FR)

ERAS Labo (FR)

Eusebi Impianti (IT)

Eusebi Service (IT)

Fire Fighting Enterprises Ltd (UK)

Halon & Refrigerant Services (UK)

LPG Tecnicas en Extinción de Incendios (ES)

Poz-Pliszka (PL)

Safety Hi-Tech (IT)

Savi Technologie (PL)

Total Feuerschutz (DE)

---

ANNEX III

GROUP IV

Import quotas for carbon tetrachloride allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company

Dow Deutschland (DE)

Mexichem UK (UK)

Solvay Fluores France (FR)

---

ANNEX IV

GROUP V

Import quotas for 1,1,1–trichloroethane allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company

Arkema (FR)

Fujifilm Electronic Materials Europe (BE)

---

ANNEX V

GROUP VI

Import quotas for methyl bromide allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company

Albemarle Europe (BE)

ALFA Agricultural Supplies (EL)

ICL-IP Europe (NL)

Mebrom (BE)

Sigma Aldrich Chemie (DE)

---

ANNEX VI

GROUP VII

Import quotas for hydrobromofluorocarbons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company

ABCR Dr Braunagel (DE)

Albany Molecular Research (UK)

Hovione Farmaciencia (PT)

R.P. Chem (IT)

Sicor SRL (IT)

Sterling (IT)

---

ANNEX VII

GROUP VIII

Import quotas for hydrochlorofluorocarbons allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses and process agent uses for the period 1 January to 31 December 2012.

Company

Aesica Queenborough (UK)

Arkema France (FR)

Arkema Quimica (ES)

Bayer CropScience (DE)

DuPont de Nemours (NL)

Dyneon (DE)

Honeywell Fluorine Products Europe (NL)

Mexichem UK (UK)

Solvay Fluor (DE)

Solvay Specialty Polymers France SAS (FR)

Solvay Solexis (IT)

Tazzetti (IT)

---

ANNEX VIII

GROUP IX

Import quotas for bromochloromethane allocated to importers in accordance with Regulation (EC) No 1005/2009 for feedstock uses for the period 1 January to 31 December 2012.

Company

Albemarle Europe (BE)

ICL-IP Europe (NL)

Laboratorios Miret (ES)

Sigma Aldrich Chemie (DE)

Thomas Swan & Co. (UK)

---

ANNEX IX

(Commercially sensitive — in confidence — not to be published)

---

ANNEX X

Undertakings entitled to produce or import for laboratory and analytical uses

The quota of controlled substances which may be used for laboratory and analytical uses, are allocated to:

Company

Airbus Operations (FR)

Arkema France SA (FR)

Harp International Ltd (UK)

Honeywell Fluorine Products Europe BV (NL)

Honeywell Specialty Chemicals GmbH (DE)

LGC Standards GmbH (DE)

Mebrom NV (BE)

Merck KGaA (DE)

Mexichem UK Ltd (UK)

Ministry of Defence (NL)

Panreac Quimica SLU (ES)

Sigma Aldrich Chemie (DE)

Sigma Aldrich Chimie SARL (FR)

Sigma Aldrich Company Ltd (UK)

Tazzetti SpA (IT)

---

ANNEX XI

(Commercially sensitive — in confidence — not to be published)

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/65 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/65

---

COMMISSION IMPLEMENTING DECISION

of 15 December 2011

laying down the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements of more than five dogs, cats and ferrets into the Union and the model certificates for imports and non-commercial movements of those animals into the Union

(notified under document C(2011) 9232)

(Text with EEA relevance)

(2011/874/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC (1), and in particular the introductory phrase and point (b) of Article 17(2) and point (a) of Article 17(3) thereof,

Having regard to Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC (2), and in particular Article 8(4) thereof,

Whereas:

| (1) | Regulation (EC) No 998/2003 lays down the animal health requirements applicable to the non-commercial movement of pet animals into the Union. Dogs, cats and ferrets are among the pet animals covered by that Regulation. |
| --- | --- |

(1)

Regulation (EC) No 998/2003 lays down the animal health requirements applicable to the non-commercial movement of pet animals into the Union. Dogs, cats and ferrets are among the pet animals covered by that Regulation.

| (2) | Directive 92/65/EEC lays down the animal health requirements governing trade in and imports into the Union of dogs, cats and ferrets. It provides that the import conditions for those animals are to be at least equivalent to those laid down in Regulation (EC) No 998/2003. |
| --- | --- |

(2)

Directive 92/65/EEC lays down the animal health requirements governing trade in and imports into the Union of dogs, cats and ferrets. It provides that the import conditions for those animals are to be at least equivalent to those laid down in Regulation (EC) No 998/2003.

| (3) | The animal health requirements governing such imports and non-commercial movements differ depending on the rabies situation in the third country of origin and on the Member State of destination. |
| --- | --- |

(3)

The animal health requirements governing such imports and non-commercial movements differ depending on the rabies situation in the third country of origin and on the Member State of destination.

| (4) | Regulation (EC) No 998/2003 provides that dogs, cats and ferrets entering Member States other than Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated against rabies, while those entering from other third countries are also to be subjected to a pre-entry rabies blood testing. |
| --- | --- |

(4)

Regulation (EC) No 998/2003 provides that dogs, cats and ferrets entering Member States other than Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated against rabies, while those entering from other third countries are also to be subjected to a pre-entry rabies blood testing.

| (5) | Regulation (EC) No 998/2003 provides that until 31 December 2011, dogs, cats and ferrets entering Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated and subject to a pre-entry rabies blood testing in accordance with national rules, while those coming from other third countries are to be placed in post-arrival quarantine in accordance with national rules. |
| --- | --- |

(5)

Regulation (EC) No 998/2003 provides that until 31 December 2011, dogs, cats and ferrets entering Ireland, Malta, Sweden and the United Kingdom from third countries listed in Section 2 of Part B or in Part C of Annex II thereto are to be vaccinated and subject to a pre-entry rabies blood testing in accordance with national rules, while those coming from other third countries are to be placed in post-arrival quarantine in accordance with national rules.

| (6) | Regulation (EC) No 998/2003 also provides that until 31 December 2011, Finland, Ireland, Malta, Sweden and the United Kingdom, as regards echinococcosis, and Ireland, Malta and the United Kingdom as regards ticks, may make the entry of dogs, cats and ferrets into their territory subject to compliance with certain additional national requirements. |
| --- | --- |

(6)

Regulation (EC) No 998/2003 also provides that until 31 December 2011, Finland, Ireland, Malta, Sweden and the United Kingdom, as regards echinococcosis, and Ireland, Malta and the United Kingdom as regards ticks, may make the entry of dogs, cats and ferrets into their territory subject to compliance with certain additional national requirements.

| (7) | Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs (3), was adopted in order to ensure the continuous health protection of Ireland, Malta, Finland and the United Kingdom from Echinococcus multilocularis. It is to apply from 1 January 2012. |
| --- | --- |

(7)

Commission Delegated Regulation (EU) No 1152/2011 of 14 July 2011 supplementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards preventive health measures for the control of Echinococcus multilocularis infection in dogs (3), was adopted in order to ensure the continuous health protection of Ireland, Malta, Finland and the United Kingdom from Echinococcus multilocularis. It is to apply from 1 January 2012.

| (8) | Commission Decision 2004/595/EC of 29 July 2004 establishing a model health certificate for the importation into the Community for trade of dogs, cats and ferrets (4) provides that imports of those animals are to be authorised from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (5). Decision 2004/595/EC also provides that such animals are to be accompanied by a certificate in accordance with the model set out in the Annex thereto. |
| --- | --- |

(8)

Commission Decision 2004/595/EC of 29 July 2004 establishing a model health certificate for the importation into the Community for trade of dogs, cats and ferrets (4) provides that imports of those animals are to be authorised from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Commission Regulation (EU) No 206/2010 of 12 March 2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements (5). Decision 2004/595/EC also provides that such animals are to be accompanied by a certificate in accordance with the model set out in the Annex thereto.

| (9) | The model set out in the Annex to Decision 2004/595/EC is an individual certificate to be issued for the entry into Member States of each dog, cat or ferret coming from a third country listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003. |
| --- | --- |

(9)

The model set out in the Annex to Decision 2004/595/EC is an individual certificate to be issued for the entry into Member States of each dog, cat or ferret coming from a third country listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003.

| (10) | While that certificate is sufficient for the entry into Member States other than Ireland, Sweden and the United Kingdom of those animals coming from third countries listed in Annex II to Regulation (EU) No 206/2010, it is not accepted for such animals destined for Ireland, Sweden and the United Kingdom where they are placed in post-arrival quarantine in accordance with national legislation. |
| --- | --- |

(10)

While that certificate is sufficient for the entry into Member States other than Ireland, Sweden and the United Kingdom of those animals coming from third countries listed in Annex II to Regulation (EU) No 206/2010, it is not accepted for such animals destined for Ireland, Sweden and the United Kingdom where they are placed in post-arrival quarantine in accordance with national legislation.

| (11) | Taking into account the problems encountered by certain importers with the use of the individual model certificate laid down in Decision 2004/595/EC, it is necessary to replace that model certificate by one that may cover a consignment consisting of more than one animal. |
| --- | --- |

(11)

Taking into account the problems encountered by certain importers with the use of the individual model certificate laid down in Decision 2004/595/EC, it is necessary to replace that model certificate by one that may cover a consignment consisting of more than one animal.

| (12) | Pursuant to Article 12 of Regulation (EC) No 998/2003 and to Commission Regulation (EU) No 388/2010 of 6 May 2010 implementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non-commercial movement (6), non-commercial movements into the Union of more than five dogs, cats or ferrets from a third country are to comply with the animal health requirements and checks laid down in Directive 92/65/EEC. |
| --- | --- |

(12)

Pursuant to Article 12 of Regulation (EC) No 998/2003 and to Commission Regulation (EU) No 388/2010 of 6 May 2010 implementing Regulation (EC) No 998/2003 of the European Parliament and of the Council as regards the maximum number of pet animals of certain species that may be the subject of non-commercial movement (6), non-commercial movements into the Union of more than five dogs, cats or ferrets from a third country are to comply with the animal health requirements and checks laid down in Directive 92/65/EEC.

| (13) | Taking into account the fact that the risks posed by imports of dogs, cats and ferrets and by non-commercial movements into the Union of more than five of those animals are not different, it is appropriate to establish a common health certificate for imports into the Union of such animals and for non-commercial movements of more than five of those animals from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Regulation (EU) No 206/2010. |
| --- | --- |

(13)

Taking into account the fact that the risks posed by imports of dogs, cats and ferrets and by non-commercial movements into the Union of more than five of those animals are not different, it is appropriate to establish a common health certificate for imports into the Union of such animals and for non-commercial movements of more than five of those animals from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 or in Annex II to Regulation (EU) No 206/2010.

| (14) | In the interests of consistency and simplification of Union legislation, the model health certificates for imports into the Union of dogs, cats and ferrets should take account of the requirements of Commission Decision 2007/240/EC (7), which provides that the various veterinary, public and animal health certificates required for imports into the Union of live animals are to be based on the standard models for veterinary certificates set out in Annex I thereto. |
| --- | --- |

(14)

In the interests of consistency and simplification of Union legislation, the model health certificates for imports into the Union of dogs, cats and ferrets should take account of the requirements of Commission Decision 2007/240/EC (7), which provides that the various veterinary, public and animal health certificates required for imports into the Union of live animals are to be based on the standard models for veterinary certificates set out in Annex I thereto.

| (15) | Commission Decision 2004/824/EC of 1 December 2004 establishing a model health certificate for non-commercial movements of dogs, cats and ferrets from third countries into the Community (8) establishes a model certificate for non-commercial movements of those animals into Member States other than Ireland, Sweden and the United Kingdom from third countries. That model certificate may also be used for the entry into those three Member States where such animals come from countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003. In addition, this certificate is to be issued individually for the entry into Member States of each dog, cat or ferret. |
| --- | --- |

(15)

Commission Decision 2004/824/EC of 1 December 2004 establishing a model health certificate for non-commercial movements of dogs, cats and ferrets from third countries into the Community (8) establishes a model certificate for non-commercial movements of those animals into Member States other than Ireland, Sweden and the United Kingdom from third countries. That model certificate may also be used for the entry into those three Member States where such animals come from countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003. In addition, this certificate is to be issued individually for the entry into Member States of each dog, cat or ferret.

| (16) | In accordance with Article 8(2) of Regulation (EC) No 998/2003, pet animals are to be accompanied by a passport in accordance with the model laid down in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets (9) when they enter a Member State, after temporary movement from a Member State to a third country or territory. |
| --- | --- |

(16)

In accordance with Article 8(2) of Regulation (EC) No 998/2003, pet animals are to be accompanied by a passport in accordance with the model laid down in Commission Decision 2003/803/EC of 26 November 2003 establishing a model passport for the intra-Community movements of dogs, cats and ferrets (9) when they enter a Member State, after temporary movement from a Member State to a third country or territory.

| (17) | In accordance with point (a) of Article 8(3) of Regulation (EC) No 998/2003, pet animals coming from the countries and territories listed in Section 2 of Part B of Annex II thereto, for which it has been established that such countries and territories apply rules at least equivalent to Union rules for movements from third countries, are to be subject to the rules laid down for the non-commercial movement of dogs, cats and ferrets between Member States. |
| --- | --- |

(17)

In accordance with point (a) of Article 8(3) of Regulation (EC) No 998/2003, pet animals coming from the countries and territories listed in Section 2 of Part B of Annex II thereto, for which it has been established that such countries and territories apply rules at least equivalent to Union rules for movements from third countries, are to be subject to the rules laid down for the non-commercial movement of dogs, cats and ferrets between Member States.

| (18) | It is appropriate that this Decision should apply without prejudice to Commission Decision 2004/839/EC of 3 December 2004 establishing conditions for non-commercial movements of young dogs and cats from third countries into the Community (10) which gives the Member States the possibility to authorise the movement into their territory of dogs and cats less than 3 months of age and not vaccinated against rabies from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 under conditions equivalent to those laid down in Article 5(2) of that Regulation. |
| --- | --- |

(18)

It is appropriate that this Decision should apply without prejudice to Commission Decision 2004/839/EC of 3 December 2004 establishing conditions for non-commercial movements of young dogs and cats from third countries into the Community (10) which gives the Member States the possibility to authorise the movement into their territory of dogs and cats less than 3 months of age and not vaccinated against rabies from third countries listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003 under conditions equivalent to those laid down in Article 5(2) of that Regulation.

| (19) | In order to facilitate the access to multilingual certificates, the health certificate required for non-commercial movements into the Union of five or less dogs, cats or ferrets should be based on the standard models laid down in Decision 2007/240/EC. |
| --- | --- |

(19)

In order to facilitate the access to multilingual certificates, the health certificate required for non-commercial movements into the Union of five or less dogs, cats or ferrets should be based on the standard models laid down in Decision 2007/240/EC.

| (20) | Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products (11) lays down the rules to be observed in issuing the certificates required by veterinary legislation to prevent misleading or fraudulent certification. It is appropriate to ensure that rules and principles at least equivalent to those laid down in that Directive are applied by official veterinarians of third countries. |
| --- | --- |

(20)

Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products (11) lays down the rules to be observed in issuing the certificates required by veterinary legislation to prevent misleading or fraudulent certification. It is appropriate to ensure that rules and principles at least equivalent to those laid down in that Directive are applied by official veterinarians of third countries.

| (21) | It is appropriate to introduce a transitional period to allow Member States to take the necessary measures to comply with the requirements laid down in this Decision. |
| --- | --- |

(21)

It is appropriate to introduce a transitional period to allow Member States to take the necessary measures to comply with the requirements laid down in this Decision.

| (22) | Decisions 2004/595/EC and 2004/824/EC should be repealed accordingly. |
| --- | --- |

(22)

Decisions 2004/595/EC and 2004/824/EC should be repealed accordingly.

| (23) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(23)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Subject matter and scope

1.   This Decision establishes:

| (a) | the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements into the Union of more than five dogs, cats or ferrets, in accordance with Directive 92/65/EEC, and the health certificate for such imports and non-commercial movements; |
| --- | --- |

(a)

the list of third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements into the Union of more than five dogs, cats or ferrets, in accordance with Directive 92/65/EEC, and the health certificate for such imports and non-commercial movements;

| (b) | the health certificate for non-commercial movements into the Union of five or less dogs, cats or ferrets, in accordance with Regulation (EC) No 998/2003. |
| --- | --- |

(b)

the health certificate for non-commercial movements into the Union of five or less dogs, cats or ferrets, in accordance with Regulation (EC) No 998/2003.

2.   This Decision shall apply without prejudice to Decision 2004/839/EC.

Article 2

Third countries and territories authorised for imports of dogs, cats and ferrets and for non-commercial movements into the Union of more than five dogs, cats or ferrets and the health certificate for such imports and non-commercial movements

1.   Member States shall authorise imports of consignments of dogs, cats and ferrets and non-commercial movements into the Union of more than five dogs, cats or ferrets provided that the third countries or territories they come from and any third countries or territories they transit are:

| (a) | either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or |
| --- | --- |

(a)

either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or

| (b) | listed in Part 1 of Annex II to Regulation (EU) No 206/2010. |
| --- | --- |

(b)

listed in Part 1 of Annex II to Regulation (EU) No 206/2010.

2.   Dogs, cats and ferrets, as referred to in paragraph 1, shall:

| (a) | be accompanied by a health certificate drawn up in accordance with the model set out in Annex I and completed by an official veterinarian with due account of the notes for guidance in Part II of that certificate; |
| --- | --- |

(a)

be accompanied by a health certificate drawn up in accordance with the model set out in Annex I and completed by an official veterinarian with due account of the notes for guidance in Part II of that certificate;

| (b) | comply with the requirements of the health certificate set out in Annex I for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article. |
| --- | --- |

(b)

comply with the requirements of the health certificate set out in Annex I for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article.

Article 3

Health certificate for non-commercial movements into the Union of five or less dogs, cats or ferrets

1.   Member States shall authorise the non-commercial movement of five or less dogs, cats or ferrets into their territory provided that they come from or transit through third countries or territories which are:

| (a) | either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or |
| --- | --- |

(a)

either listed in Section 2 of Part B or in Part C of Annex II to Regulation (EC) No 998/2003; or

| (b) | not listed in Annex II to Regulation (EC) No 998/2003. |
| --- | --- |

(b)

not listed in Annex II to Regulation (EC) No 998/2003.

2.   Dogs, cats, and ferrets, as referred to in paragraph 1, shall:

| (a) | be accompanied by a health certificate drawn up in accordance with the model set out in Annex II and issued by an official veterinarian with due account of the notes for guidance in Part II of that certificate; |
| --- | --- |

(a)

be accompanied by a health certificate drawn up in accordance with the model set out in Annex II and issued by an official veterinarian with due account of the notes for guidance in Part II of that certificate;

| (b) | comply with the requirements of the health certificate set out in Annex II for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article. |
| --- | --- |

(b)

comply with the requirements of the health certificate set out in Annex II for the third countries or territories that they come from, as referred to in paragraph 1(a) and (b) respectively of this Article.

Article 4

Transitional provisions

For a transitional period until 30 June 2012, Member States shall authorise imports and non-commercial movements into the Union of dogs, cats and ferrets which are accompanied by a veterinary certificate issued not later than 29 February 2012 in accordance with the models set out in the Annex respectively to Decisions 2004/595/EC and 2004/824/EC.

Article 5

Repeals

Decisions 2004/595/EC and 2004/824/EC are repealed.

Article 6

Applicability

This Decision shall apply from 1 January 2012.

Article 7

Addressees

This Decision is addressed to the Member States.

Done at Brussels, 15 December 2011.

For the Commission

John DALLI

Member of the Commission

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(1)  OJ L 268, 14.9.1992, p. 54.

1

(2)  OJ L 146, 13.6.2003, p. 1.

2

(3)  OJ L 296, 15.11.2011, p. 6.

3

(4)  OJ L 266, 13.8.2004, p. 11.

4

(5)  OJ L 73, 20.3.2010, p. 1.

5

(6)  OJ L 114, 7.5.2010, p. 3.

6

(7)  OJ L 104, 21.4.2007, p. 37.

7

(8)  OJ L 358, 3.12.2004, p. 12.

8

(9)  OJ L 312, 27.11.2003, p. 1.

9

(10)  OJ L 361, 8.12.2004, p. 40.

10

(11)  OJ L 13, 16.1.1997, p. 28.

11

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ANNEX I

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ANNEX II

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| 23.12.2011 | EN | Official Journal of the European Union | L 343/77 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/77

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COMMISSION IMPLEMENTING DECISION

of 16 December 2011

exempting certain financial services in the postal sector in Hungary from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sector

(notified under document C(2011) 9197)

(Only the Hungarian text is authentic)

(Text with EEA relevance)

(2011/875/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1), and in particular Article 30(5) and (6) thereof,

Having regard to the request submitted by post, by Magyar Posta, received on 24 June 2011,

Whereas:

I.   FACTS

| (1) | On 24 June 2011, the Commission received a request pursuant to Article 30(5) of Directive 2004/17/EC, transmitted to the Commission by post. The Commission requested additional information to the applicant and to the Hungarian Competition Authority, by e-mails of 8 August 2011. The respective replies were received on 2 September and on 15 September 2011. The request submitted by Magyar Posta (in the following referred to as ‘Posta’) concerns various financial services provided by Posta, and consists of two parts, namely: payment services and services performed on behalf of other financial institutions. In their turn, each part concerns various financial services that have been grouped under the following headings, as defined by Posta:

  Payment services







  1. | Existing own services:






  1.1. | Services enabling cash to be placed on a payment account (bill payments and express bill payments), |
| --- | --- | --- | --- |

(1)

On 24 June 2011, the Commission received a request pursuant to Article 30(5) of Directive 2004/17/EC, transmitted to the Commission by post. The Commission requested additional information to the applicant and to the Hungarian Competition Authority, by e-mails of 8 August 2011. The respective replies were received on 2 September and on 15 September 2011. The request submitted by Magyar Posta (in the following referred to as ‘Posta’) concerns various financial services provided by Posta, and consists of two parts, namely: payment services and services performed on behalf of other financial institutions. In their turn, each part concerns various financial services that have been grouped under the following headings, as defined by Posta:

Payment services

1.

Existing own services:

1.1.

Services enabling cash to be placed on a payment account (bill payments and express bill payments),

| 1.2. | Services enabling cash withdrawals from a payment account: (cash delivery service and pension payment service), |
| --- | --- |

1.2.

Services enabling cash withdrawals from a payment account: (cash delivery service and pension payment service),

| 1.3. | Money transfer services (domestic money order, international money order and Western Union money order — performed on behalf of others), |
| --- | --- |

1.3.

Money transfer services (domestic money order, international money order and Western Union money order — performed on behalf of others),

| 2. | Account services and related payment services proposed to be provided in the future






  2.1. | Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account, |
| --- | --- | --- |

2.

Account services and related payment services proposed to be provided in the future

2.1.

Services enabling cash to be placed on a payment account as well as all the operations required for operating a payment account,

| 2.2. | Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account, |
| --- | --- |

2.2.

Services enabling cash withdrawals from a payment account as well as all the operations required for operating a payment account,

| 2.3. | Execution of payment transactions between payment accounts, |
| --- | --- |

2.3.

Execution of payment transactions between payment accounts,

| 2.4. | Issue of card-substitute payment instruments. |
| --- | --- |

2.4.

Issue of card-substitute payment instruments.

Services performed on behalf of others

| 3.1. | Intermediation of current accounts and the related products and services (retail and corporate bank account services offered on behalf of credit institutions, including the accepting and forwarding of payment orders for execution, and the intermediation of sight deposits and fixed term deposits connected to a bank account), |
| --- | --- |

3.1.

Intermediation of current accounts and the related products and services (retail and corporate bank account services offered on behalf of credit institutions, including the accepting and forwarding of payment orders for execution, and the intermediation of sight deposits and fixed term deposits connected to a bank account),

| 3.2. | Credit intermediation performed on behalf of credit institutions, |
| --- | --- |

3.2.

Credit intermediation performed on behalf of credit institutions,

| 3.3. | Intermediation and acceptance of payment cards performed on behalf of credit institutions (credit cards, debit cards, bank card acceptance and POS terminals), |
| --- | --- |

3.3.

Intermediation and acceptance of payment cards performed on behalf of credit institutions (credit cards, debit cards, bank card acceptance and POS terminals),

| 3.4. | Intermediation of investments and special purpose savings on behalf of others:






  (a) | sales of financial instruments (government securities, investment funds and other securities); |
| --- | --- | --- |

3.4.

Intermediation of investments and special purpose savings on behalf of others:

(a)

sales of financial instruments (government securities, investment funds and other securities);

| (b) | intermediation of home savings products. |
| --- | --- |

(b)

intermediation of home savings products.

| 3.5. | Intermediation of insurance products: (life insurance and non-life insurance) |
| --- | --- |

3.5.

Intermediation of insurance products: (life insurance and non-life insurance)

| (2) | According to the application (2) the network of the Posta consists of more than 2 600 permanent postal outlets. However, not all services listed in the application are provided by all outlets (3). The total number of credit institutions branches currently operating on the territory of Hungary is of 4 605. According to Giro Zrt, OTP bank is the largest with 809 branches, followed by K&H Bank Zrt. (377 branches), CIB Bank Zrt. (218 branches), Reiffeisen Bank Zrt. (180 branches) and Erste Bank Hungary Nyrt. (145 branches). The eighth largest banks of the credit institutions sector each have over 100 branches, plus there are 22 small and medium-sized banks, 10 branches of credit institutions and 138 credit institutions set up as cooperatives with the larger one operating a network of 20-40 branches. In international comparison, using data of 2007 ECB Blue Book (4), this places Hungary in the middle of the range in terms of per capita number of branches. |
| --- | --- |

(2)

According to the application (2) the network of the Posta consists of more than 2 600 permanent postal outlets. However, not all services listed in the application are provided by all outlets (3). The total number of credit institutions branches currently operating on the territory of Hungary is of 4 605. According to Giro Zrt, OTP bank is the largest with 809 branches, followed by K&H Bank Zrt. (377 branches), CIB Bank Zrt. (218 branches), Reiffeisen Bank Zrt. (180 branches) and Erste Bank Hungary Nyrt. (145 branches). The eighth largest banks of the credit institutions sector each have over 100 branches, plus there are 22 small and medium-sized banks, 10 branches of credit institutions and 138 credit institutions set up as cooperatives with the larger one operating a network of 20-40 branches. In international comparison, using data of 2007 ECB Blue Book (4), this places Hungary in the middle of the range in terms of per capita number of branches.

II.   LEGAL FRAMEWORK

| (3) | It should be recalled that, in accordance with point (c) of Article 6(2) of Directive 2004/17/EC, the provision of financial services as defined in the fourth indent of said point (c) are covered by that Directive only to the extent that such services are provided by entities which also provide postal services within the meaning of point (b) of that provision. Posta is the only contracting entity in Hungary which offers the services concerned by this Decision. |
| --- | --- |

(3)

It should be recalled that, in accordance with point (c) of Article 6(2) of Directive 2004/17/EC, the provision of financial services as defined in the fourth indent of said point (c) are covered by that Directive only to the extent that such services are provided by entities which also provide postal services within the meaning of point (b) of that provision. Posta is the only contracting entity in Hungary which offers the services concerned by this Decision.

| (4) | Article 30 of Directive 2004/17/EC provides that contracts intended to enable the performance of one of the activities to which the Directive applies shall not be subject to the Directive if, in the Member State in which it is carried out, the activity is directly exposed to competition on markets to which access is not restricted. Direct exposure to competition is assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned. Access is deemed to be unrestricted if the Member State has implemented and applied the relevant Community legislation opening a given sector or a part of it. Where no relevant Community legislation is listed in the Directive’s Annex XI, as is the case in respect of the services concerned by this Decision, then Article 30(3), second subparagraph requires that it ‘must be demonstrated that access to the market in question is free de facto and de jure’. |
| --- | --- |

(4)

Article 30 of Directive 2004/17/EC provides that contracts intended to enable the performance of one of the activities to which the Directive applies shall not be subject to the Directive if, in the Member State in which it is carried out, the activity is directly exposed to competition on markets to which access is not restricted. Direct exposure to competition is assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned. Access is deemed to be unrestricted if the Member State has implemented and applied the relevant Community legislation opening a given sector or a part of it. Where no relevant Community legislation is listed in the Directive’s Annex XI, as is the case in respect of the services concerned by this Decision, then Article 30(3), second subparagraph requires that it ‘must be demonstrated that access to the market in question is free de facto and de jure’.

| (5) | Regarding financial services, it should be recalled that a large body of legislation has been adopted at Union level aiming at liberalising establishment and provision of services in this sector (5). In respect of payment services, it is noted that Hungary, transposed fully and timely, Directive 2007/64/EC on Payment Services through Act LXXXV/2009 on the Pursuit of the Business of Payment Services. |
| --- | --- |

(5)

Regarding financial services, it should be recalled that a large body of legislation has been adopted at Union level aiming at liberalising establishment and provision of services in this sector (5). In respect of payment services, it is noted that Hungary, transposed fully and timely, Directive 2007/64/EC on Payment Services through Act LXXXV/2009 on the Pursuit of the Business of Payment Services.

| (6) | Hungary has implemented Union legislation regarding liberalisation of capital movements and freedom to provide services and the relevant legislation on the liberalisation of financial markets. Moreover, Hungary satisfied the requirements set out in the Financial Services Action Plan. The Hungarian market of credit institutions and payment services is well regulated. According to Act CXII: 1996 on credit institutions and financial enterprises (the Banking Act), financial services and auxiliary activities are subject to authorisation. According to Act CXXXVII/2007 on investments firms and commodity dealers and on the regulations governing their activities, investment services may be performed by investments firms and credit institutions only. Act LX/2003 on insurance companies and insurance business provides that insurance activities may be performed by insurance companies only. The Posta is authorised to pursue the financial services subject to this application by the Hungarian Financial Supervisory Authority. Any institution that is able to meet the provisions regarding prudent operation and effective supervision could be authorised to carry out these services. The pursuit of financial services or activities auxiliary to financial services, as well as investment services and insurance services is open also to non-resident companies, through their branches, provided that they are authorised by the competent supervisory authority in the country of establishment. The requirement to have a Hungarian branch does not apply to financial institutions established in any EEA Member State, as these institutions may provide their services cross border. |
| --- | --- |

(6)

Hungary has implemented Union legislation regarding liberalisation of capital movements and freedom to provide services and the relevant legislation on the liberalisation of financial markets. Moreover, Hungary satisfied the requirements set out in the Financial Services Action Plan. The Hungarian market of credit institutions and payment services is well regulated. According to Act CXII: 1996 on credit institutions and financial enterprises (the Banking Act), financial services and auxiliary activities are subject to authorisation. According to Act CXXXVII/2007 on investments firms and commodity dealers and on the regulations governing their activities, investment services may be performed by investments firms and credit institutions only. Act LX/2003 on insurance companies and insurance business provides that insurance activities may be performed by insurance companies only. The Posta is authorised to pursue the financial services subject to this application by the Hungarian Financial Supervisory Authority. Any institution that is able to meet the provisions regarding prudent operation and effective supervision could be authorised to carry out these services. The pursuit of financial services or activities auxiliary to financial services, as well as investment services and insurance services is open also to non-resident companies, through their branches, provided that they are authorised by the competent supervisory authority in the country of establishment. The requirement to have a Hungarian branch does not apply to financial institutions established in any EEA Member State, as these institutions may provide their services cross border.

| (7) | Having due regard o the facts set out in recitals 5 and 6 above, it can be assumed that, the condition set out in Article 30(3) relating to free access to the market can be taken to be met. |
| --- | --- |

(7)

Having due regard o the facts set out in recitals 5 and 6 above, it can be assumed that, the condition set out in Article 30(3) relating to free access to the market can be taken to be met.

| (8) | Direct exposure to competition in a particular market should be evaluated on the basis of various criteria, none of which are, per se, decisive. In respect of the markets concerned by this Decision, the market share of the main players on a given market constitutes one criterion which should be taken into account. Other criteria considered may be the degree of concentration on those markets and/or the customer switching. As the conditions vary for the different activities that are concerned by this Decision, the examination of the competitive situation should take into account the different situations on different markets. |
| --- | --- |

(8)

Direct exposure to competition in a particular market should be evaluated on the basis of various criteria, none of which are, per se, decisive. In respect of the markets concerned by this Decision, the market share of the main players on a given market constitutes one criterion which should be taken into account. Other criteria considered may be the degree of concentration on those markets and/or the customer switching. As the conditions vary for the different activities that are concerned by this Decision, the examination of the competitive situation should take into account the different situations on different markets.

| (9) | Although narrower or a broader market definition might be envisaged in certain cases, the precise definition of the relevant market can be left open for the purposes of this Decision as far as a number of the services listed in the request submitted by Posta are concerned to the extent that the result of the analysis remains the same whether it is based on a narrow or a broader definition. |
| --- | --- |

(9)

Although narrower or a broader market definition might be envisaged in certain cases, the precise definition of the relevant market can be left open for the purposes of this Decision as far as a number of the services listed in the request submitted by Posta are concerned to the extent that the result of the analysis remains the same whether it is based on a narrow or a broader definition.

| (10) | This Decision is without prejudice to the application of the rules on competition. |
| --- | --- |

(10)

This Decision is without prejudice to the application of the rules on competition.

III.   ASSESSMENT

| (11) | The application lists two distinct categories of payment services, namely: (A) existing services; and (B) services which are planned for introduction in 2012. For the purposes of the assessment pertaining to this Decision, only the existing services will be taken into account, as there is no material evidence of the effects which the planned services would have, if and once introduced. |
| --- | --- |

(11)

The application lists two distinct categories of payment services, namely: (A) existing services; and (B) services which are planned for introduction in 2012. For the purposes of the assessment pertaining to this Decision, only the existing services will be taken into account, as there is no material evidence of the effects which the planned services would have, if and once introduced.

| (12) | The existing payment services performed by Posta are services enabling cash to be placed on a payment account and services enabling cash withdrawals from a bank account, whereby Posta acts as an intermediary, and money transfer services (domestic and international money order services of its own right, as well as Western Union money order services acting as intermediary). |
| --- | --- |

(12)

The existing payment services performed by Posta are services enabling cash to be placed on a payment account and services enabling cash withdrawals from a bank account, whereby Posta acts as an intermediary, and money transfer services (domestic and international money order services of its own right, as well as Western Union money order services acting as intermediary).

| (13) | The aim of the present Decision is to establish whether the services offered by Posta are exposed to such a level of competition (on markets to which access is free) that this will ensure that, also in the absence of the discipline brought about by the detailed procurement rules set out in Directive 2004/17/EC, Posta’s procurement for the pursuit of the activities concerned here will be carried out in a transparent, non-discriminatory manner based on criteria allowing it to identify the solution which overall is the economically most advantageous one. For this purpose it is therefore necessary to examine whether the banks and other financial institutions have the possibility to exercise competitive pressure on Posta. |
| --- | --- |

(13)

The aim of the present Decision is to establish whether the services offered by Posta are exposed to such a level of competition (on markets to which access is free) that this will ensure that, also in the absence of the discipline brought about by the detailed procurement rules set out in Directive 2004/17/EC, Posta’s procurement for the pursuit of the activities concerned here will be carried out in a transparent, non-discriminatory manner based on criteria allowing it to identify the solution which overall is the economically most advantageous one. For this purpose it is therefore necessary to examine whether the banks and other financial institutions have the possibility to exercise competitive pressure on Posta.

| (14) | The main competitors of the Posta in the market for payment services are the banks and other financial institutions that are not covered by the provisions of the Directive 2004/17/EC, as they are not contracting entities in the sense of the directive and/or they do not provide financial services together with postal services. |
| --- | --- |

(14)

The main competitors of the Posta in the market for payment services are the banks and other financial institutions that are not covered by the provisions of the Directive 2004/17/EC, as they are not contracting entities in the sense of the directive and/or they do not provide financial services together with postal services.

| (15) | The payment methods offered by the banks are generally more attractive than the paper based and/or cash based ones, and are generally available. According to GfK Hungaria (6), the number of users of online banking services has increased by 200 000 by the end of 2010 compared to the year before and it reached 1 million users, with a growth rate getting higher. At the same time, according to the same source, the number of those who prefer to do their banking in person is declining — one fourth of all clients no longer go to the bank braches to do banking. |
| --- | --- |

(15)

The payment methods offered by the banks are generally more attractive than the paper based and/or cash based ones, and are generally available. According to GfK Hungaria (6), the number of users of online banking services has increased by 200 000 by the end of 2010 compared to the year before and it reached 1 million users, with a growth rate getting higher. At the same time, according to the same source, the number of those who prefer to do their banking in person is declining — one fourth of all clients no longer go to the bank braches to do banking.

| (16) | The product market as defined by the applicant is the payment services market provided by credit institutions and other payment services providers, while the respective geographical market is considered to be nation-wide. The Hungarian Competition Authority (GVH) indicated that although it does not have all information and data at their disposal in order to be able to properly and precisely define the product market, the relevant product market definition provided by the applicant ‘is likely to be acceptable’. As far as the geographical market is concerned, under the same disclaimer as above, GVH indicated that ‘it is not aware of any evidence on which the geographical market should not be the whole territory of Hungary’. |
| --- | --- |

(16)

The product market as defined by the applicant is the payment services market provided by credit institutions and other payment services providers, while the respective geographical market is considered to be nation-wide. The Hungarian Competition Authority (GVH) indicated that although it does not have all information and data at their disposal in order to be able to properly and precisely define the product market, the relevant product market definition provided by the applicant ‘is likely to be acceptable’. As far as the geographical market is concerned, under the same disclaimer as above, GVH indicated that ‘it is not aware of any evidence on which the geographical market should not be the whole territory of Hungary’.

| (17) | No further distinction of the payment services market into separate retail and wholesale product markets will be made for the purposes of this Decision, as the result of the analysis remains largely the same whether it is based on a narrow or a broader definition. |
| --- | --- |

(17)

No further distinction of the payment services market into separate retail and wholesale product markets will be made for the purposes of this Decision, as the result of the analysis remains largely the same whether it is based on a narrow or a broader definition.

| (18) | The Hungarian Competition Authorities referring to the degree of concentration of the payment market states that, presumably, ‘the 5-6 major banks, together with Magyar Posta have a very high combined market share in case of retail payment services, and possibly cover most of the market. The wholesale market might presumably be less concentrated due to the presence of several other financial institutions’. |
| --- | --- |

(18)

The Hungarian Competition Authorities referring to the degree of concentration of the payment market states that, presumably, ‘the 5-6 major banks, together with Magyar Posta have a very high combined market share in case of retail payment services, and possibly cover most of the market. The wholesale market might presumably be less concentrated due to the presence of several other financial institutions’.

| (19) | These services allow customers to make payments for a service or good purchased. They are used by private persons for discharging payment obligations and are particularly used for making payments for public utilities services, telecommunications, financial services, insurance services, home delivery services, payment of taxes, etc. |
| --- | --- |

(19)

These services allow customers to make payments for a service or good purchased. They are used by private persons for discharging payment obligations and are particularly used for making payments for public utilities services, telecommunications, financial services, insurance services, home delivery services, payment of taxes, etc.

| (20) | The main factor for determining the relevant product market is to establish the scope of substitute products, which means the alternative means that a client would have for discharging payment obligations. Consequently, the applicant considers that the relevant product market covers cash deposits made to bank accounts in banks, or through ATMs (7), card payments and transfers between bank accounts (simple transfers and automatic debit transfers). |
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(20)

The main factor for determining the relevant product market is to establish the scope of substitute products, which means the alternative means that a client would have for discharging payment obligations. Consequently, the applicant considers that the relevant product market covers cash deposits made to bank accounts in banks, or through ATMs (7), card payments and transfers between bank accounts (simple transfers and automatic debit transfers).

| (21) | As regards switching between payment methods, the Hungarian Competition Authority (GVH) confirmed that ‘the major utilities and other service providers tend to offer various payment methods to their customers with a possibility to easily switch among these. There also seem to be a trend of persuading customers to use electronic payment methods instead of paper and cash based ones’. In this context the increased use of online banking is to be noted. However, as indicated in recital 9 above, the exact definition can be left open for the purposes of the present Decision. |
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(21)

As regards switching between payment methods, the Hungarian Competition Authority (GVH) confirmed that ‘the major utilities and other service providers tend to offer various payment methods to their customers with a possibility to easily switch among these. There also seem to be a trend of persuading customers to use electronic payment methods instead of paper and cash based ones’. In this context the increased use of online banking is to be noted. However, as indicated in recital 9 above, the exact definition can be left open for the purposes of the present Decision.

| (22) | Posta market share for services enabling cash to be places on a payment account, calculated as a percentage of the total market as defined, represented (8) 3,91 % in 2007, 3,88 % in 2008 and 4,14 % in 2009. In terms of both volume and value, is to be noted that the number of Posta transactions and their value decreased in 2009 compared to previous two years (9). |
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(22)

Posta market share for services enabling cash to be places on a payment account, calculated as a percentage of the total market as defined, represented (8) 3,91 % in 2007, 3,88 % in 2008 and 4,14 % in 2009. In terms of both volume and value, is to be noted that the number of Posta transactions and their value decreased in 2009 compared to previous two years (9).

| (23) | For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition. |
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(23)

For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition.

| (24) | The characteristics of services enabling cash withdrawals are that the account holder authorises payment from his payment account to the order of a third party. The scope of such services presently includes cash delivery and pension payment service. The main drawees are the State Treasury and the municipal governments using this scheme for payment of family allowances, social benefits unemployment benefits, etc. For payments made by the government, the payee has the option to have the amounts credited to a bank account or to receive it by means of postal delivery. In case of pension payment, the recipients have also the possibility to have part of the amount credited to their account and the other part delivered in cash. It is also possible to switch, at any time between postal cash delivery to bank transfer, by making a simple request to the Central Administration of National Pension Insurance. |
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(24)

The characteristics of services enabling cash withdrawals are that the account holder authorises payment from his payment account to the order of a third party. The scope of such services presently includes cash delivery and pension payment service. The main drawees are the State Treasury and the municipal governments using this scheme for payment of family allowances, social benefits unemployment benefits, etc. For payments made by the government, the payee has the option to have the amounts credited to a bank account or to receive it by means of postal delivery. In case of pension payment, the recipients have also the possibility to have part of the amount credited to their account and the other part delivered in cash. It is also possible to switch, at any time between postal cash delivery to bank transfer, by making a simple request to the Central Administration of National Pension Insurance.

| (25) | The Hungarian State, through the National Bank is pursuing a policy aimed at reducing the volume of cash transactions and encouraging the development of electronic payment methods and related infrastructure. Corporate entities are required to make payments through payment accounts and the wages of public servants are paid into bank accounts. According to a recent study (10) undertaken by the Hungarian National Bank, currently half of the pensions initiated by the state are made by other means than postal payments, and according to the application (11), both the number and total value of pensions paid through Posta were steadily decreasing in the last years. |
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(25)

The Hungarian State, through the National Bank is pursuing a policy aimed at reducing the volume of cash transactions and encouraging the development of electronic payment methods and related infrastructure. Corporate entities are required to make payments through payment accounts and the wages of public servants are paid into bank accounts. According to a recent study (10) undertaken by the Hungarian National Bank, currently half of the pensions initiated by the state are made by other means than postal payments, and according to the application (11), both the number and total value of pensions paid through Posta were steadily decreasing in the last years.

| (26) | For the above reasons, transfer of payment between payment accounts (simple transfer and group transfers), cash withdrawals with bank cards at ATMs and POS (12) terminals, and cash withdrawals at bank tellers are considered the relevant product market for services enabling cash withdrawals from a payment account. |
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(26)

For the above reasons, transfer of payment between payment accounts (simple transfer and group transfers), cash withdrawals with bank cards at ATMs and POS (12) terminals, and cash withdrawals at bank tellers are considered the relevant product market for services enabling cash withdrawals from a payment account.

| (27) | In case of the above services, for the purposes of payment made to persons with bank account, payments between payment accounts (simple transactions and group transfers where payments are made from a single account to several persons) could be considered substitute products. Here as well, the exact definition can be left open for the purposes of the present Decision. |
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(27)

In case of the above services, for the purposes of payment made to persons with bank account, payments between payment accounts (simple transactions and group transfers where payments are made from a single account to several persons) could be considered substitute products. Here as well, the exact definition can be left open for the purposes of the present Decision.

| (28) | Posta’s market share for services enabling cash withdrawals from a payment account, calculated as a percentage of the total substitute service, represented (13) 2,44 % in 2007, 2,49 % in 2008 and 2,61 % in 2009. In terms of both volume and value, is to be noted that the number of Posta transactions and their total value had a decreasing trend in the last three years for which data are available, namely 2007, 2008 and 2009 (14). |
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(28)

Posta’s market share for services enabling cash withdrawals from a payment account, calculated as a percentage of the total substitute service, represented (13) 2,44 % in 2007, 2,49 % in 2008 and 2,61 % in 2009. In terms of both volume and value, is to be noted that the number of Posta transactions and their total value had a decreasing trend in the last three years for which data are available, namely 2007, 2008 and 2009 (14).

| (29) | For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition. |
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(29)

For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition.

| (30) | The money transfer service provided by the Posta is generally used for payments made between private persons. The respective services are domestic money orders and international money orders provided in the Posta’s own right and Western Union money transfer which are available domestically and internationally, offering a real-time method for sending money. |
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(30)

The money transfer service provided by the Posta is generally used for payments made between private persons. The respective services are domestic money orders and international money orders provided in the Posta’s own right and Western Union money transfer which are available domestically and internationally, offering a real-time method for sending money.

| (31) | For domestic transfers, both in Posta’s own right and on behalf of Western Union, the applicant considers that transaction between payment accounts are substitutes for money transfers in case the payee has a payment account. Consequently the market of payments made in Hungary between accounts could be considered the relevant product market for domestic money transfers, although the exact definition can be left open. |
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(31)

For domestic transfers, both in Posta’s own right and on behalf of Western Union, the applicant considers that transaction between payment accounts are substitutes for money transfers in case the payee has a payment account. Consequently the market of payments made in Hungary between accounts could be considered the relevant product market for domestic money transfers, although the exact definition can be left open.

| (32) | Calculated accordingly the market shares of the Posta were of less than 1 % in 2007, 2008 and 2009. |
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(32)

Calculated accordingly the market shares of the Posta were of less than 1 % in 2007, 2008 and 2009.

| (33) | In case of international money transfers, the activities undertaken by Posta and Western Union were considered close substitutes. Moreover the payments through payment accounts are considered substitutable products, therefore the cross border payments between payment accounts is considered the relevant product market by the applicant. However, the exact definition of the relevant market can be left open. |
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(33)

In case of international money transfers, the activities undertaken by Posta and Western Union were considered close substitutes. Moreover the payments through payment accounts are considered substitutable products, therefore the cross border payments between payment accounts is considered the relevant product market by the applicant. However, the exact definition of the relevant market can be left open.

| (34) | The Posta’s market share calculated on this basis is of 0,5 % in 2007, 2008 and in 2009. |
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(34)

The Posta’s market share calculated on this basis is of 0,5 % in 2007, 2008 and in 2009.

| (35) | For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition. |
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(35)

For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition.

| (36) | The application for exemption pertains also to certain activities of Posta, performed on behalf of others, in connection with certain financial services, where Posta acts as an intermediary. |
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(36)

The application for exemption pertains also to certain activities of Posta, performed on behalf of others, in connection with certain financial services, where Posta acts as an intermediary.

| (37) | The application for exemption covers the intermediation of current accounts and the related products and services, namely: retail and corporate bank account services offered on behalf of credit institutions, including the accepting and forwarding of payment orders for execution, and the intermediation of sight deposits and fixed term deposits connected to a bank account. |
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(37)

The application for exemption covers the intermediation of current accounts and the related products and services, namely: retail and corporate bank account services offered on behalf of credit institutions, including the accepting and forwarding of payment orders for execution, and the intermediation of sight deposits and fixed term deposits connected to a bank account.

| (38) | The financial products and services offered by Posta as intermediary are provided by Erste Bank and OTP Bank. Posta is also offering deposit products on its own name. |
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(38)

The financial products and services offered by Posta as intermediary are provided by Erste Bank and OTP Bank. Posta is also offering deposit products on its own name.

| (39) | Previous Commission practice (15) make distinction between retail banking and corporate banking. Retail banking is defined as all banking services to private individuals and very small enterprises, while corporate banking generally comprises banking services to large corporate customers and small and medium enterprises. However, in previous decisions (16) related to the retail banking sector, the Commission left open whether individual retail banking products represent separate product markets or whether several retail banking products may form part of a single relevant product market. |
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(39)

Previous Commission practice (15) make distinction between retail banking and corporate banking. Retail banking is defined as all banking services to private individuals and very small enterprises, while corporate banking generally comprises banking services to large corporate customers and small and medium enterprises. However, in previous decisions (16) related to the retail banking sector, the Commission left open whether individual retail banking products represent separate product markets or whether several retail banking products may form part of a single relevant product market.

| (40) | The relevant product market needs to be distinguished according to the stage in the distribution chain (upstream — provision of current accounts and related products and services or downstream — intermediation of current accounts and related products and services). For the activity of intermediation of retail payment accounts, the relevant product market could be considered as the market for intermediation of retail current accounts and deposit products. For the activity of intermediation of corporate payment accounts, the relevant product market could be considered as the market for intermediation for corporate current accounts and deposit products. However, in accordance with recital 9 of this Decision, it is not necessary to define the relevant market. |
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(40)

The relevant product market needs to be distinguished according to the stage in the distribution chain (upstream — provision of current accounts and related products and services or downstream — intermediation of current accounts and related products and services). For the activity of intermediation of retail payment accounts, the relevant product market could be considered as the market for intermediation of retail current accounts and deposit products. For the activity of intermediation of corporate payment accounts, the relevant product market could be considered as the market for intermediation for corporate current accounts and deposit products. However, in accordance with recital 9 of this Decision, it is not necessary to define the relevant market.

| (41) | The applicant defines the geographical market as the entire territory of Hungary. The Hungarian Competition Authority (GVH) confirmed that ‘for the purpose of the present case, all the financial institutions present in Hungary perform their activities nation-wide; there are no signs of regional deviation in any aspects of the financial services provision’. Moreover, previous Commission practice (17) in connection to financial markets considered the relevant geographical market to be national in scope due to different competitive conditions within individual Member States and the importance of a network of branches. |
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(41)

The applicant defines the geographical market as the entire territory of Hungary. The Hungarian Competition Authority (GVH) confirmed that ‘for the purpose of the present case, all the financial institutions present in Hungary perform their activities nation-wide; there are no signs of regional deviation in any aspects of the financial services provision’. Moreover, previous Commission practice (17) in connection to financial markets considered the relevant geographical market to be national in scope due to different competitive conditions within individual Member States and the importance of a network of branches.

| (42) | The market shares of Posta, calculated on the basis of the above consideration are as follows: for the retail current accounts and deposits: 1,45 % in 2007, 1,38 % in 2008 and 1,51 % in 2009, while on the market for corporate current account and deposits Posta market shares were negligible (0 %) in 2007, 2008 and 2009. These figures indicate that market shares for the intermediation of these financial services are also low |
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(42)

The market shares of Posta, calculated on the basis of the above consideration are as follows: for the retail current accounts and deposits: 1,45 % in 2007, 1,38 % in 2008 and 1,51 % in 2009, while on the market for corporate current account and deposits Posta market shares were negligible (0 %) in 2007, 2008 and 2009. These figures indicate that market shares for the intermediation of these financial services are also low

| (43) | The rest of the market is shared between other banks and financial institutions which are not subject to the provisions of Directive 2004/17/EC. |
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(43)

The rest of the market is shared between other banks and financial institutions which are not subject to the provisions of Directive 2004/17/EC.

| (44) | In its inquiry on the retail banking of 2009 (18) the Hungarian Competition Authority (GVH) found that there are no major obstacles to account switching in Hungary, and moreover, it was observed that the level of current account switching is one of the highest when compared to the rest of EU Member State. |
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(44)

In its inquiry on the retail banking of 2009 (18) the Hungarian Competition Authority (GVH) found that there are no major obstacles to account switching in Hungary, and moreover, it was observed that the level of current account switching is one of the highest when compared to the rest of EU Member State.

| (45) | The advantages of Posta’s extensive network are counterbalanced by the growth in importance of online banking. |
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(45)

The advantages of Posta’s extensive network are counterbalanced by the growth in importance of online banking.

| (46) | According to a survey (19) of factors influencing the selection of a bank, by customers, the most important factors were found to be reliability and confidence, proximity and accessibility (including the availability of means to withdraw cash) and the quality of service. These conclusions were also confirmed by the results of the survey (20) on financial services and current account services. According to this source, the most important aspect when choosing a bank is the cost and reputation, while easy access (i.a. extensive network) appears to be less important. Furthermore, the spectrum of banking services, namely the availability of a broad range of banking services, and the high quality of service was also considered important. Given the above, although Posta has an extensive network, there are other criteria which were labelled as significant by customers (reputation as a bank, banking services, quality of service) which play a counterbalancing role in choosing a bank. Customers whose needs include a broad range of services would therefore be reticent to consider choosing or changing to a postal account not offering the accustomed range of services. |
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(46)

According to a survey (19) of factors influencing the selection of a bank, by customers, the most important factors were found to be reliability and confidence, proximity and accessibility (including the availability of means to withdraw cash) and the quality of service. These conclusions were also confirmed by the results of the survey (20) on financial services and current account services. According to this source, the most important aspect when choosing a bank is the cost and reputation, while easy access (i.a. extensive network) appears to be less important. Furthermore, the spectrum of banking services, namely the availability of a broad range of banking services, and the high quality of service was also considered important. Given the above, although Posta has an extensive network, there are other criteria which were labelled as significant by customers (reputation as a bank, banking services, quality of service) which play a counterbalancing role in choosing a bank. Customers whose needs include a broad range of services would therefore be reticent to consider choosing or changing to a postal account not offering the accustomed range of services.

| (47) | For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition. |
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(47)

For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition.

| (48) | This activity represents the intermediation of credit provided by third parties, with the Posta acting as a multiple special services intermediary. Posta is offering credit products (with no collateral requirements, either movable, nor real estate) provided by Erste Bank to retail customers, while in the corporate sector, Posta offers a product of Magyar Fejlesztesi Bank, acting as a multiple special service intermediary. |
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(48)

This activity represents the intermediation of credit provided by third parties, with the Posta acting as a multiple special services intermediary. Posta is offering credit products (with no collateral requirements, either movable, nor real estate) provided by Erste Bank to retail customers, while in the corporate sector, Posta offers a product of Magyar Fejlesztesi Bank, acting as a multiple special service intermediary.

| (49) | The services concerned here can be subdivided in many different ways, according to factors such as the purposes for which a credit is taken or the typical customer (consumers, SMEs, larger undertakings or public administration). Therefore, retail credit intermediation and corporate credit intermediation could be considered as separate product markets. |
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(49)

The services concerned here can be subdivided in many different ways, according to factors such as the purposes for which a credit is taken or the typical customer (consumers, SMEs, larger undertakings or public administration). Therefore, retail credit intermediation and corporate credit intermediation could be considered as separate product markets.

| (50) | The product market of retail credit intermediation is defined by the applicant as the market of unrestricted mortgage loans and personal loans, both in Hungarian Forint and foreign currencies. This is not contradicted by previous Commission practice (21) whereby the Commission left open whether individual retail banking products represents separate relevant product markets or whether several retail banking products may form part of a single relevant product market. |
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(50)

The product market of retail credit intermediation is defined by the applicant as the market of unrestricted mortgage loans and personal loans, both in Hungarian Forint and foreign currencies. This is not contradicted by previous Commission practice (21) whereby the Commission left open whether individual retail banking products represents separate relevant product markets or whether several retail banking products may form part of a single relevant product market.

| (51) | In the corporate sector, the Posta is offering only one type of corporate credit product. This product is offered typically by other financial institutions (i.e. savings cooperatives). The Posta offers this product in 45 designated locations and not throughout its entire network. The relevant product market for the corporate sector is considered by the applicant to include SMEs loans offered by credit institutions. However, as indicated in recital 9 above, the exact market definition can be left open, for the purposes of this Decision. |
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(51)

In the corporate sector, the Posta is offering only one type of corporate credit product. This product is offered typically by other financial institutions (i.e. savings cooperatives). The Posta offers this product in 45 designated locations and not throughout its entire network. The relevant product market for the corporate sector is considered by the applicant to include SMEs loans offered by credit institutions. However, as indicated in recital 9 above, the exact market definition can be left open, for the purposes of this Decision.

| (52) | The geographical market is the entire territory of Hungary, virtually for the same reasons as stated in recital 41. |
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(52)

The geographical market is the entire territory of Hungary, virtually for the same reasons as stated in recital 41.

| (53) | Posta market shares in the market of retail credit as defined was less than 0,5 % in 2007, 2008 and 2009, while the market shares in the market of corporate credit is negligible (0 %) in the same years. The available data shows that the Posta market shares in these markets narrowly defined are so small that on a market more broadly defined Posta will have even smaller market shares. |
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(53)

Posta market shares in the market of retail credit as defined was less than 0,5 % in 2007, 2008 and 2009, while the market shares in the market of corporate credit is negligible (0 %) in the same years. The available data shows that the Posta market shares in these markets narrowly defined are so small that on a market more broadly defined Posta will have even smaller market shares.

| (54) | The rest of the market is shared between other banks and financial institutions — which are not subject to the provisions of the Utilities directive. The cumulated market shares (22) of the first three competitors in 2007, 2008 and 2009 were as follows: 52,54 %, 51,39 % and 54,27 % respectively in the retail loans market and 42,69 %, 47,36 % and 48,07 % respectively in the corporate loans market. |
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(54)

The rest of the market is shared between other banks and financial institutions — which are not subject to the provisions of the Utilities directive. The cumulated market shares (22) of the first three competitors in 2007, 2008 and 2009 were as follows: 52,54 %, 51,39 % and 54,27 % respectively in the retail loans market and 42,69 %, 47,36 % and 48,07 % respectively in the corporate loans market.

| (55) | For the purposes of this Decision, and without prejudice to the competition law, the above mentioned factors should be taken as an indication of direct exposure of Posta’s activity to competition. |
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(55)

For the purposes of this Decision, and without prejudice to the competition law, the above mentioned factors should be taken as an indication of direct exposure of Posta’s activity to competition.

| (56) | The Posta offers credit cards issued by Erste Bank Zrt. This product is a standard credit card, in terms of conditions and services offered. |
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(56)

The Posta offers credit cards issued by Erste Bank Zrt. This product is a standard credit card, in terms of conditions and services offered.

| (57) | In respect of debit cards, the Posta acts as intermediary covering corporate and retail bank cards associated with current accounts. The Posta acts as multiple special services intermediary, while the service is provided by Erste Bank Hungary Nyrt. The cards offered are standard debit cards. |
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(57)

In respect of debit cards, the Posta acts as intermediary covering corporate and retail bank cards associated with current accounts. The Posta acts as multiple special services intermediary, while the service is provided by Erste Bank Hungary Nyrt. The cards offered are standard debit cards.

| (58) | In respect of accepting payment cards the postal outlets are equipped with POS terminals enabling cash withdrawals with bank cards. The applicant argues that from the perspective of customers, the same service (obtaining cash) can be obtain by means of cash withdrawals at a bank teller, or at other POS terminal operated by third parties at locations other than the postal outlets, therefore the products are substitutable. |
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(58)

In respect of accepting payment cards the postal outlets are equipped with POS terminals enabling cash withdrawals with bank cards. The applicant argues that from the perspective of customers, the same service (obtaining cash) can be obtain by means of cash withdrawals at a bank teller, or at other POS terminal operated by third parties at locations other than the postal outlets, therefore the products are substitutable.

| (59) | The Commission has, in the past, distinguished (23) two main payment card related activities: first the issuing of cards to individuals and companies and secondly the ‘acquiring’ of merchants for card payment acceptance. Moreover, within the activity of payment card issuing, the Commission has in previous decisions (24) discussed the possibility of distinguishing between different types of cards, but eventually the exact definition was left open. |
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(59)

The Commission has, in the past, distinguished (23) two main payment card related activities: first the issuing of cards to individuals and companies and secondly the ‘acquiring’ of merchants for card payment acceptance. Moreover, within the activity of payment card issuing, the Commission has in previous decisions (24) discussed the possibility of distinguishing between different types of cards, but eventually the exact definition was left open.

| (60) | For the purposes of this Decision, and without prejudice to the competition law, three product markets will be taken into consideration, namely, the credit card market, the debit card market and the accepting of cards. |
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(60)

For the purposes of this Decision, and without prejudice to the competition law, three product markets will be taken into consideration, namely, the credit card market, the debit card market and the accepting of cards.

| (61) | As regards, the card accepting market, the product market defined by the applicant is not the market that was generally defined in previous Commission decisions mentioned in recital 59. The ‘original’ card accepting market is the one consisting of merchants who accept card payments. Another possible card accepting market is the one consisting of banks who offer card accepting services to such merchants. However, as confirmed by the Hungarian Competition Authority (GVH) (25), in case of Posta, considering that the POS devices functions as ATM machines of the two banks, for which Posta is acting as intermediary, ‘Magyar Posta was probably correct to provide data on concentration based on concentration based on the number of ATM machines in operation’. |
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(61)

As regards, the card accepting market, the product market defined by the applicant is not the market that was generally defined in previous Commission decisions mentioned in recital 59. The ‘original’ card accepting market is the one consisting of merchants who accept card payments. Another possible card accepting market is the one consisting of banks who offer card accepting services to such merchants. However, as confirmed by the Hungarian Competition Authority (GVH) (25), in case of Posta, considering that the POS devices functions as ATM machines of the two banks, for which Posta is acting as intermediary, ‘Magyar Posta was probably correct to provide data on concentration based on concentration based on the number of ATM machines in operation’.

| (62) | In terms of geographical market, previous Commission cases (26) indicated that the market of payment cards is still national in scope, although it admitted that there may be scope for widening the market in the future. In the present case, the geographical market definition is considered to be the entire territory of Hungary. |
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(62)

In terms of geographical market, previous Commission cases (26) indicated that the market of payment cards is still national in scope, although it admitted that there may be scope for widening the market in the future. In the present case, the geographical market definition is considered to be the entire territory of Hungary.

| (63) | Between 2007 and 2009, Posta’s market shares was of less than 1 % in the credit card market, of less than 3 % in the debit card market and of less than 6 % in the accepting card market as defined by the applicant. |
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(63)

Between 2007 and 2009, Posta’s market shares was of less than 1 % in the credit card market, of less than 3 % in the debit card market and of less than 6 % in the accepting card market as defined by the applicant.

| (64) | According to the Hungarian Competition Authority (27), following a recent study undertaken by the later and the Hungarian National Bank, out of the total number of 24 banks issuing debit cards the total market share of the top 5 banks in debit card issuing is approximately 82 %. According to the same source the credit card issuing market is less concentrated; out of the 18 banks issuing credit cards, the top 7 banks have a combined market share of 68 % of the market. Moreover, according to the application, the level of concentration as high in the accepting sector three quarters of the total number of ATMs ware operated by four banks. |
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(64)

According to the Hungarian Competition Authority (27), following a recent study undertaken by the later and the Hungarian National Bank, out of the total number of 24 banks issuing debit cards the total market share of the top 5 banks in debit card issuing is approximately 82 %. According to the same source the credit card issuing market is less concentrated; out of the 18 banks issuing credit cards, the top 7 banks have a combined market share of 68 % of the market. Moreover, according to the application, the level of concentration as high in the accepting sector three quarters of the total number of ATMs ware operated by four banks.

| (65) | In view of the low market shares of Posta and the presence of other banks and financial institutions, which bring competitive pressure on Posta’s activity we can conclude that for the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition. |
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(65)

In view of the low market shares of Posta and the presence of other banks and financial institutions, which bring competitive pressure on Posta’s activity we can conclude that for the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure of Posta’s activity to competition.

| (66) | This category of services covers the sale of financial instruments and the marketing of special investments products. The financial instruments offered are government securities, investment funds of Erste Befektetesi Zrt, other securities and a special home savings arrangement on behalf of Fundamenta Lakaskassza Zrt. and OTP Lakastakarekpenztar Zrt., acting as intermediary. |
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(66)

This category of services covers the sale of financial instruments and the marketing of special investments products. The financial instruments offered are government securities, investment funds of Erste Befektetesi Zrt, other securities and a special home savings arrangement on behalf of Fundamenta Lakaskassza Zrt. and OTP Lakastakarekpenztar Zrt., acting as intermediary.

| (67) | In previous cases, the Commission has left open the question whether each of these services might constitute separate product markets (28). The definition will be left open in this case as the services provided by Posta as an intermediary do not raise competition concerns, regardless of the alternative market definition considered. |
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(67)

In previous cases, the Commission has left open the question whether each of these services might constitute separate product markets (28). The definition will be left open in this case as the services provided by Posta as an intermediary do not raise competition concerns, regardless of the alternative market definition considered.

| (68) | As regards geographical scope, the Commission has considered (29) that most of the market segments are international in scope, but some of them have been analysed from a national perspective (30). The exact geographical market definition will be left open, and in the present case the geographical market will be considered the territory of Hungary. |
| --- | --- |

(68)

As regards geographical scope, the Commission has considered (29) that most of the market segments are international in scope, but some of them have been analysed from a national perspective (30). The exact geographical market definition will be left open, and in the present case the geographical market will be considered the territory of Hungary.

| (69) | Between 2007 and 2009, Posta’s market share was of less than 4 % in the market of government securities, between 3 % and 9 % in the market of investment units, of less than 2 % in the market for bonds and of less than 4 % in the market of home savings arrangements. |
| --- | --- |

(69)

Between 2007 and 2009, Posta’s market share was of less than 4 % in the market of government securities, between 3 % and 9 % in the market of investment units, of less than 2 % in the market for bonds and of less than 4 % in the market of home savings arrangements.

| (70) | For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure to competition of Posta’s activity in the investment market. |
| --- | --- |

(70)

For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure to competition of Posta’s activity in the investment market.

| (71) | Posta offers life insurance on behalf of Magyar Posta Eletbiztosito Zrt. and non-life insurance on behalf of Magyar Posta Biztosito Zrt. |
| --- | --- |

(71)

Posta offers life insurance on behalf of Magyar Posta Eletbiztosito Zrt. and non-life insurance on behalf of Magyar Posta Biztosito Zrt.

| (72) | In its previous decisions (31), the Commission has distinguished between three broad categories of types of insurances, namely: life insurance, non-life insurance and reinsurance. Moreover, it was observed that, from the demand side, life and non-life insurance can be further divided into as many individual product markets as there are different kinds of risks covered. In relation to life insurance the Commission has considered in previous decisions the following segmentations: life-individual, life-group and unit linked, or, alternatively, individual protection, group protection, personal pension, group pensions, savings and investments (32). In relation to non-life insurance the Commission has previously considered, inter alia, motor, fire, transport, health, property, general civil liability, casualty, litigation, working accidents and credit insurance (33). However, supply side considerations could lead to broader product markets. For the purposes of this Decision the exact product market definition can be left open. |
| --- | --- |

(72)

In its previous decisions (31), the Commission has distinguished between three broad categories of types of insurances, namely: life insurance, non-life insurance and reinsurance. Moreover, it was observed that, from the demand side, life and non-life insurance can be further divided into as many individual product markets as there are different kinds of risks covered. In relation to life insurance the Commission has considered in previous decisions the following segmentations: life-individual, life-group and unit linked, or, alternatively, individual protection, group protection, personal pension, group pensions, savings and investments (32). In relation to non-life insurance the Commission has previously considered, inter alia, motor, fire, transport, health, property, general civil liability, casualty, litigation, working accidents and credit insurance (33). However, supply side considerations could lead to broader product markets. For the purposes of this Decision the exact product market definition can be left open.

| (73) | The Commission has in the past also analysed the distribution of insurance products and confirmed that the relevant market for either non-life or life insurance distribution would comprise all outward (i.e. third party or non-owned) distribution channels, such as brokers, agents and other intermediaries (34). However, for the purposes of this Decision the exact product market definition can be left open. |
| --- | --- |

(73)

The Commission has in the past also analysed the distribution of insurance products and confirmed that the relevant market for either non-life or life insurance distribution would comprise all outward (i.e. third party or non-owned) distribution channels, such as brokers, agents and other intermediaries (34). However, for the purposes of this Decision the exact product market definition can be left open.

| (74) | In respect of geographical market, the Commission in its previous decisions (35) has defined the markets for life insurance as being national in scope due to national distribution channels, the established market structure, fiscal constraints and different regulatory systems. The same approach will be used in the present case and the geographical market will be considered the entire territory of Hungary. |
| --- | --- |

(74)

In respect of geographical market, the Commission in its previous decisions (35) has defined the markets for life insurance as being national in scope due to national distribution channels, the established market structure, fiscal constraints and different regulatory systems. The same approach will be used in the present case and the geographical market will be considered the entire territory of Hungary.

| (75) | Between 2007 and 2009, Posta’s market share was of less than 5 % (36) in the market of life insurance products, and of less than 1 % (37) for non-life insurance products. These figures indicate that market shares for the intermediation of insurance are also low. |
| --- | --- |

(75)

Between 2007 and 2009, Posta’s market share was of less than 5 % (36) in the market of life insurance products, and of less than 1 % (37) for non-life insurance products. These figures indicate that market shares for the intermediation of insurance are also low.

| (76) | In the same years, the combined market shares of the first three competitors was of 52,29 %, 51,08 % and 50,1 % respectively in the market of life insurance products, and of 54,84 %, 52,56 % and 51,66 % respectively in the market of non-life insurance products. |
| --- | --- |

(76)

In the same years, the combined market shares of the first three competitors was of 52,29 %, 51,08 % and 50,1 % respectively in the market of life insurance products, and of 54,84 %, 52,56 % and 51,66 % respectively in the market of non-life insurance products.

| (77) | For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure to competition of Posta’s activity in the insurance market. |
| --- | --- |

(77)

For the purposes of this Decision, and without prejudice to the competition law, these factors should be taken as an indication of direct exposure to competition of Posta’s activity in the insurance market.

IV.   CONCLUSIONS

| (78) | In view of the factors examined in recitals 11 to 77, the condition of direct exposure to competition laid down in Article 30(1) of Directive 2004/17/EC should be considered to be met in Hungary for the following activities:






  (a) | services enabling cash to be placed on a payment account; |
| --- | --- | --- |

(78)

In view of the factors examined in recitals 11 to 77, the condition of direct exposure to competition laid down in Article 30(1) of Directive 2004/17/EC should be considered to be met in Hungary for the following activities:

(a)

services enabling cash to be placed on a payment account;

| (b) | services enabling cash withdrawals from a payment account; |
| --- | --- |

(b)

services enabling cash withdrawals from a payment account;

| (c) | money transfer services; |
| --- | --- |

(c)

money transfer services;

| (d) | intermediation of current accounts and the related products and services; |
| --- | --- |

(d)

intermediation of current accounts and the related products and services;

| (e) | credit intermediation; |
| --- | --- |

(e)

credit intermediation;

| (f) | intermediation and acceptance of payment cards issued by credit institutions; |
| --- | --- |

(f)

intermediation and acceptance of payment cards issued by credit institutions;

| (g) | intermediation of investments and special purpose savings on behalf of others; |
| --- | --- |

(g)

intermediation of investments and special purpose savings on behalf of others;

| (h) | intermediation of insurance products. |
| --- | --- |

(h)

intermediation of insurance products.

| (79) | Since the condition of unrestricted access to the market is also met, Directive 2004/17/EC should not apply when contracting entities award contracts intended to enable the services listed in recital 78 to be carried out in Hungary, nor when design contests are organised for the pursuit of such an activity in Hungary. |
| --- | --- |

(79)

Since the condition of unrestricted access to the market is also met, Directive 2004/17/EC should not apply when contracting entities award contracts intended to enable the services listed in recital 78 to be carried out in Hungary, nor when design contests are organised for the pursuit of such an activity in Hungary.

| (80) | The financial services carried out by Posta are auxiliary to postal services as per Article 6(2)(b) of Directive 2004/17/EC. The postal services carried out by the Posta are not subject to this exemption request, therefore for these activities the provisions of Directive 2004/17/EC continue to apply. In this context, it is recalled that procurement contracts covering several activities shall be treated in accordance with Article 9 of Directive 2004/17/EC. This means that, when a contracting entity is engaged in ‘mixed’ procurement, that is procurement used to support the performance of both, activities exempted from the application of Directive 2004/17/EC and activities not exempted, regard shall be had to the activities for which the contract is principally intended. In the event of such mixed procurement, where the purpose is principally to support postal activities, the provision of Directive 2004/17/EC shall apply. If it is objectively impossible to determine for which activity the contract is principally intended, the contract shall be awarded in accordance with the rules referred to in paragraphs 2 and 3 of Article 9 of Directive 2004/17/EC. |
| --- | --- |

(80)

The financial services carried out by Posta are auxiliary to postal services as per Article 6(2)(b) of Directive 2004/17/EC. The postal services carried out by the Posta are not subject to this exemption request, therefore for these activities the provisions of Directive 2004/17/EC continue to apply. In this context, it is recalled that procurement contracts covering several activities shall be treated in accordance with Article 9 of Directive 2004/17/EC. This means that, when a contracting entity is engaged in ‘mixed’ procurement, that is procurement used to support the performance of both, activities exempted from the application of Directive 2004/17/EC and activities not exempted, regard shall be had to the activities for which the contract is principally intended. In the event of such mixed procurement, where the purpose is principally to support postal activities, the provision of Directive 2004/17/EC shall apply. If it is objectively impossible to determine for which activity the contract is principally intended, the contract shall be awarded in accordance with the rules referred to in paragraphs 2 and 3 of Article 9 of Directive 2004/17/EC.

| (81) | This Decision is based on the legal and factual situation as of July to October 2011 as it appears from the information submitted by Magyar Posta, and the Hungarian Competition Authority. It may be revised, should significant changes in the legal or factual situation mean that the conditions for the applicability of Article 30(1) of Directive 2004/17/EC are no longer met. |
| --- | --- |

(81)

This Decision is based on the legal and factual situation as of July to October 2011 as it appears from the information submitted by Magyar Posta, and the Hungarian Competition Authority. It may be revised, should significant changes in the legal or factual situation mean that the conditions for the applicability of Article 30(1) of Directive 2004/17/EC are no longer met.

| (82) | The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee for Public Contracts, |
| --- | --- |

(82)

The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee for Public Contracts,

HAS ADOPTED THIS DECISION:

Article 1

Directive 2004/17/EC shall not apply to contracts awarded by contracting entities and intended to enable the following services to be carried out in Hungary:

| (a) | services enabling cash to be placed on a payment account; |
| --- | --- |

(a)

services enabling cash to be placed on a payment account;

| (b) | services enabling cash withdrawals from a payment account; |
| --- | --- |

(b)

services enabling cash withdrawals from a payment account;

| (c) | money transfer services; |
| --- | --- |

(c)

money transfer services;

| (d) | intermediation of current accounts and the related products and services; |
| --- | --- |

(d)

intermediation of current accounts and the related products and services;

| (e) | credit intermediation; |
| --- | --- |

(e)

credit intermediation;

| (f) | intermediation and acceptance of payment cards issued by credit institutions; |
| --- | --- |

(f)

intermediation and acceptance of payment cards issued by credit institutions;

| (g) | intermediation of investments and special purpose savings on behalf of others; |
| --- | --- |

(g)

intermediation of investments and special purpose savings on behalf of others;

| (h) | intermediation of insurance products. |
| --- | --- |

(h)

intermediation of insurance products.

Article 2

This Decision is addressed to the Republic of Hungary in accordance to the Treaties.

Done at Brussels, 16 December 2011.

For the Commission

Michel BARNIER

Member of the Commission

---

(1)  OJ L 134, 30.4.2004, p. 1.

1

(2)  See application, p. 11.

2

(3)  For example, from among the payment services, international postal money orders service is provided in only 328 postal outlets and Western Union money transfer service provided as intermediary at 1 024 postal outlets. From among services provided on behalf of others, intermediation of Posta credit card, intermediation of investment bonds and certain insurance products are offered only at 343 locations, the current account products of OTP Bank for retail customers is offered at 244 postal outlets while corporate credit at only offered in only 45 locations.

3

(4)  European Central Bank: ‘Payment and securities settlement systems in the European Union: non-euro-area countries — Hungary’, August 2007.

4

(5)  Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ L 319, 5.12.2007, p. 1).

5

(6)  GfK Hungaria: ‘Internet banking continues to gain ground’, 3 November 2010: http://www.gfk.com/imperia/md/content/gfk_hungaria/pdf/press_h/2010/press_2010_11_03_h.pdf

6

(7)  ATM — abbreviation for automated teller machine.

7

(8)  Relevant market shares where calculated by rapport to the total value of transactions. Please see page 34 of the application.

8

(9)  See page 32 of the application.

9

(10)  Hungarian National Bank: ‘Nothing is free: a survey of the social costs of the main payment instruments in Hungary’, by Dr Aniko Turjan, EVA Diveki, EVA Keszy-Harmath, Gergely Koczan, Kristof Takacs, Occasional Paper 93, 2011.

10

(11)  See pages 35 and 36 of the application.

11

(12)  POS — abbreviation for point of sale.

12

(13)  Relevant market shares where calculated by rapport to the total value of transactions. Please see page 36 of the application.

13

(14)  See pages 35 and 36 of the application.

14

(15)  Case COMP/M.5384 — BNP Paribas/Fortis, p. 3.

15

(16)  Case COMP/M.4844, Fortis: ABN AMRO Assets.

16

(17)  Case COMP/M.2225 Fortis/ASR, p. 3, COMP/M.5075Vienna Insurance Group/Erste Bank Versicherungssparte, and COMP/M.5384- BNP Paribas/Fortis, p. 15.

17

(18)  Switching in case of certain financial products for retail and small entrepreneurial clients — Sector Inquiry — final report, 5 February 2009, GVH — Hungarian Competition Authority. GVH performed this study on bank switching for the period 2002-2006.

18

(19)  Switching in case of certain financial products for retail and small entrepreneurial clients — Sector Inquiry — final report, 5 February 2009, GVH — Hungarian Competition Authority, and the related background study ‘Information and experience related to switching between banks’ summary analysis of the customer market, Millward Brown, September 2006.

19

(20)  Ipsos: Financial services, current account services, summary of the survey of retail customers, January 2009.

20

(21)  Case COMP/M.4844, Fortis/ABN AMRO Assets.

21

(22)  According to the supplementary information provided by the applicant in its letter of 2 September 2011.

22

(23)  Case COMP/M.5241, American Express/Fortis/Alpha Card.

23

(24)  Case COMP/M.3894 Unicredito/HVB; COMP/M.2567 Nordbanken/Postgirot; COMP/M.3740 Barclays Bank/Foerenngssparbanken/JV, COMP/M.4844 Fortis/ABN AMRO Assets, COMP/M.5241 American Express/Fortis/Alpha Card.

24

(25)  GVH response of 15 September 2011 to Commission letter of request for information of 8 August 2011.

25

(26)  Case COMP/M.3740, Barclays Bank/Foereningssparbanken/JV and COMP/M.2567 Nordbanken/Postgirot.

26

(27)  GVH response of 15 September 2011 to Commission letter of request for information of 8 August 2011.

27

(28)  Case COMP/M.3894, Unicredito/HVB, Case COMP/M.5384 BNP Paribas/Fortis.

28

(29)  Case COMP/M.2225, Fortis/ASR, COMP/M.1172, Fortis AG/Generale Bank.

29

(30)  Case COMP/M.4155, BNP Paribas/BNL.

30

(31)  Case COMP:M.4284, AXA/Winterhur, Case COMP/M.5384 BNP Paribas/Fortis.

31

(32)  Case COMP/4047 Aviva/Ark life, Case COMP/M.4284 Axa/Winterthur, Case COMP/M.4701 Generali/PPF Insurance Business.

32

(33)  Case COMP/M.4284, Axa/Winterthur, Case COMP/M.4701 Generali/PPF Insurance Business, Case COMP/M.2676 Sampo/Vama/IF Holding/JV.

33

(34)  Case COMP/M.4284 AXA/Winterthur, Case COMP/M.4844 Fortis/ABN AMRO Assets.

34

(35)  Case COMP/M.5075 Vienna Insurance Group/Erste Bank Versicherungssparte; COMP/M.4844 Fortis/ABN AMRO Assets.

35

(36)  Market share calculated on the basis of premium revenues.

36

(37)  Market share calculated on the basis of premium revenues.

37

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/86 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/86

---

COMMISSION DECISION

of 19 December 2011

granting certain parties an exemption from the extension to certain bicycle parts of the anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Council Regulation (EEC) No 2474/93, lifting the suspension and revoking the exemption of the payment of the anti-dumping duty extended to certain bicycle parts originating in the People’s Republic of China granted to certain parties pursuant to Commission Regulation (EC) No 88/97

(notified under document C(2011) 9473)

(2011/876/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’),

Having regard to Council Regulation (EC) No 71/97 (2) (the ‘extending Regulation’), extending the definitive anti-dumping duty imposed by Council Regulation (EEC) No 2474/93 (3) on bicycles originating in the People’s Republic of China to imports of certain bicycle parts from the People’s Republic of China, and levying the extended duty on such imports registered under Commission Regulation (EC) No 703/96 (4),

Having regard to Commission Regulation (EC) No 88/97 (5) (the ‘exemption Regulation’) on the authorisation of the exemption of imports of certain bicycle parts originating in the People’s Republic of China from the extension by Regulation (EC) No 71/97 of the anti-dumping duty imposed by Regulation (EEC) No 2474/93, and in particular Article 7 thereof,

After consulting the Advisory Committee,

Whereas:

| (1) | After the entry into force of the exemption Regulation, a number of bicycle assemblers submitted requests pursuant to Article 3 of the exemption Regulation for exemption from the anti-dumping duty as extended to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 (the ‘extended anti-dumping duty’). The Commission has published in the Official Journal of the European Union successive lists of bicycle assemblers (6) for which the payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant to Article 5(1) of the exemption Regulation. |
| --- | --- |

(1)

After the entry into force of the exemption Regulation, a number of bicycle assemblers submitted requests pursuant to Article 3 of the exemption Regulation for exemption from the anti-dumping duty as extended to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 (the ‘extended anti-dumping duty’). The Commission has published in the Official Journal of the European Union successive lists of bicycle assemblers (6) for which the payment of the extended anti-dumping duty in respect of their imports of essential bicycle parts declared for free circulation was suspended pursuant to Article 5(1) of the exemption Regulation.

| (2) | Following the last publication of the list of parties under examination (7), a main period of examination has been selected. This period runs from 1 January 2011 to 31 July 2011. Additional information from the years 2009 and 2010 was also requested. A questionnaire requesting information on the assembly operations conducted during the relevant period was sent to all parties under examination. |
| --- | --- |

(2)

Following the last publication of the list of parties under examination (7), a main period of examination has been selected. This period runs from 1 January 2011 to 31 July 2011. Additional information from the years 2009 and 2010 was also requested. A questionnaire requesting information on the assembly operations conducted during the relevant period was sent to all parties under examination.

| (3) | The Commission was also informed of the liquidation of one company which was exempted from the extended anti-dumping duty on bicycle parts. Furthermore, one company informed the Commission that it had stopped its assembly operations. |
| --- | --- |

(3)

The Commission was also informed of the liquidation of one company which was exempted from the extended anti-dumping duty on bicycle parts. Furthermore, one company informed the Commission that it had stopped its assembly operations.

A.   REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS PREVIOUSLY GRANTED

A.1.   Acceptable requests for exemption

| (4) | The Commission received from the parties listed in table 1 below all the information required for the determination of the admissibility of their requests. These parties had already received their suspension with effect from the day of receipt by the Commission of a first complete request. Based on this information, the Commission found that the requests submitted by the parties listed in table 1 below are admissible pursuant to Article 4(1) of the exemption Regulation.

  Table 1









  Name | Address | Country | TARIC additional code |
| --- | --- | --- | --- | --- |
| Blue Factory Team S.L. | CL Torres y Villaroel 6, Elche Parque Industrial, 03320 Alicante | Spain | A984 |
| CODE X Sp. z o.o. | Olszanka 109, 33-386 Podegrodzie | Poland | A966 |
| JETLANE SAS (initially JET’LEAN SAS) | 4, boulevard de Mons, 59650 Villeneuve-d’Ascq | France | A968 |
| Kwasny & Diekhöner GmbH | Herforder Strasse 331, 33609 Bielefeld | Germany | A993 |
| Maxtec Ltd | 1 Golyamokonarsko shose Str., 4204 Tsaratsovo, Plovdiv | Bulgaria | A991 |
| Metelli di Staffoni Mario & C.S.A.S. | Via Trento 68, 25030 Trenzano (BS) | Italy | A979 |
| Müller GmbH | Riedlerweg 7, 8054 Graz | Austria | A978 (initially A977) |
| Unicykel AB | Aröds Industrieväg 14, 422 43 Hisings Backa | Sweden | A967 |

(4)

The Commission received from the parties listed in table 1 below all the information required for the determination of the admissibility of their requests. These parties had already received their suspension with effect from the day of receipt by the Commission of a first complete request. Based on this information, the Commission found that the requests submitted by the parties listed in table 1 below are admissible pursuant to Article 4(1) of the exemption Regulation.

Table 1

Name

Address

Country

TARIC additional code

Blue Factory Team S.L.

CL Torres y Villaroel 6, Elche Parque Industrial, 03320 Alicante

Spain

A984

CODE X Sp. z o.o.

Olszanka 109, 33-386 Podegrodzie

Poland

A966

JETLANE SAS (initially JET’LEAN SAS)

4, boulevard de Mons, 59650 Villeneuve-d’Ascq

France

A968

Kwasny & Diekhöner GmbH

Herforder Strasse 331, 33609 Bielefeld

Germany

A993

Maxtec Ltd

1 Golyamokonarsko shose Str., 4204 Tsaratsovo, Plovdiv

Bulgaria

A991

Metelli di Staffoni Mario & C.S.A.S.

Via Trento 68, 25030 Trenzano (BS)

Italy

A979

Müller GmbH

Riedlerweg 7, 8054 Graz

Austria

A978 (initially A977)

Unicykel AB

Aröds Industrieväg 14, 422 43 Hisings Backa

Sweden

A967

| (5) | It was established during the examination that for all of the applicants the value of the parts originating in the PRC used in their assembly operations was lower than 60 % of the total value of the parts used in those operations. Consequently, they fall outside the scope of Article 13(2) of the basic Regulation. |
| --- | --- |

(5)

It was established during the examination that for all of the applicants the value of the parts originating in the PRC used in their assembly operations was lower than 60 % of the total value of the parts used in those operations. Consequently, they fall outside the scope of Article 13(2) of the basic Regulation.

| (6) | For this reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in table 1 above should be exempted from the extended anti-dumping duty. |
| --- | --- |

(6)

For this reason, and in accordance with Article 7(1) of the exemption Regulation, the parties listed in table 1 above should be exempted from the extended anti-dumping duty.

| (7) | In accordance with Article 7(2) of the exemption Regulation, the exemption of the parties listed in table 1 above from the extended anti-dumping duty should take effect as from the date of receipt of their requests. In addition, their customs debt in respect of the extended anti-dumping duty is to be considered void as from the date of receipt of their requests for exemption. |
| --- | --- |

(7)

In accordance with Article 7(2) of the exemption Regulation, the exemption of the parties listed in table 1 above from the extended anti-dumping duty should take effect as from the date of receipt of their requests. In addition, their customs debt in respect of the extended anti-dumping duty is to be considered void as from the date of receipt of their requests for exemption.

| (8) | The company CODE X Sp. z o.o. changed its address during the examination procedure. The company received its suspension under the address ul. Krolewska 16, 00-103 Warszawa, Poland. During the suspension period the address changed to Olszanka 109, 33-386 Podegrodzie, Poland. This change of address does not affect the initial request for suspension or the decision on the exemption. |
| --- | --- |

(8)

The company CODE X Sp. z o.o. changed its address during the examination procedure. The company received its suspension under the address ul. Krolewska 16, 00-103 Warszawa, Poland. During the suspension period the address changed to Olszanka 109, 33-386 Podegrodzie, Poland. This change of address does not affect the initial request for suspension or the decision on the exemption.

| (9) | The company JETLANE SAS changed its name during the examination procedure. The company was initially suspended under its name JET’LEAN SAS. During the suspension period the company changed its name to JETLANE SAS. This change of name does not affect the initial request for suspension or the decision on the exemption. |
| --- | --- |

(9)

The company JETLANE SAS changed its name during the examination procedure. The company was initially suspended under its name JET’LEAN SAS. During the suspension period the company changed its name to JETLANE SAS. This change of name does not affect the initial request for suspension or the decision on the exemption.

| (10) | TARIC additional code A977 initially given to the company Müller GmbH was erroneously attributed twice and had to be withdrawn. On 3 June 2010 the company received TARIC additional code A978. This change of code does not affect the initial request for suspension or the decision on the exemption. |
| --- | --- |

(10)

TARIC additional code A977 initially given to the company Müller GmbH was erroneously attributed twice and had to be withdrawn. On 3 June 2010 the company received TARIC additional code A978. This change of code does not affect the initial request for suspension or the decision on the exemption.

A.2.   Rejected requests for exemption

| (11) | The party listed in table 2 below also submitted a request for exemption from the extended anti-dumping duty.

  Table 2









  Name | Address | Country | TARIC additional code |
| --- | --- | --- | --- | --- |
| Bikeworks AC GmbH | Ernst-Abbe-Strasse 28, 52249 Eschweiler | Germany | A980 |

(11)

The party listed in table 2 below also submitted a request for exemption from the extended anti-dumping duty.

Table 2

Name

Address

Country

TARIC additional code

Bikeworks AC GmbH

Ernst-Abbe-Strasse 28, 52249 Eschweiler

Germany

A980

| (12) | The party in question assembled bicycles as subcontractor and not in its own name. The company had no purchases of parts and it could not be evaluated if the assembly operations complied with the conditions set out in Article 7(1) of the exemption Regulation. |
| --- | --- |

(12)

The party in question assembled bicycles as subcontractor and not in its own name. The company had no purchases of parts and it could not be evaluated if the assembly operations complied with the conditions set out in Article 7(1) of the exemption Regulation.

| (13) | On these grounds the Commission has to reject its request, in accordance with Article 7(3) of the exemption Regulation. Consequently, the suspension of the payment of the extended anti-dumping duty referred to in Article 5 of the exemption Regulation must be lifted and the extended anti-dumping duty collected as from the date of receipt of the request for exemption submitted by this party, i.e. the date as of which the suspension took effect. |
| --- | --- |

(13)

On these grounds the Commission has to reject its request, in accordance with Article 7(3) of the exemption Regulation. Consequently, the suspension of the payment of the extended anti-dumping duty referred to in Article 5 of the exemption Regulation must be lifted and the extended anti-dumping duty collected as from the date of receipt of the request for exemption submitted by this party, i.e. the date as of which the suspension took effect.

A.3.   Revocations

| (14) | For the parties listed in table 3 below the exemption is to be revoked.

  Table 3









  Name | Address | Country | TARIC additional code |
| --- | --- | --- | --- | --- |
| Bicicletas de Alava SL | C/Arcacha 1, 01006 Vitoria | Spain | 8963 |
| Fundador-Sociedade Importadora de Sangalhos, Lda. | Apartado, 26, P-3781-908 Sangalhos | Portugal | 8244 |

(14)

For the parties listed in table 3 below the exemption is to be revoked.

Table 3

Name

Address

Country

TARIC additional code

Bicicletas de Alava SL

C/Arcacha 1, 01006 Vitoria

Spain

8963

Fundador-Sociedade Importadora de Sangalhos, Lda.

Apartado, 26, P-3781-908 Sangalhos

Portugal

8244

| (15) | These parties were exempted from the extended anti-dumping duty on bicycle parts. One party now informed the Commission services that it had stopped its assembly operations. Following an enquiry, the Commission services were informed by a Court in Portugal that the other party had been liquidated. For both parties exemption should be revoked. |
| --- | --- |

(15)

These parties were exempted from the extended anti-dumping duty on bicycle parts. One party now informed the Commission services that it had stopped its assembly operations. Following an enquiry, the Commission services were informed by a Court in Portugal that the other party had been liquidated. For both parties exemption should be revoked.

B.   REQUESTS FOR EXEMPTION FOR WHICH SUSPENSION WAS NOT PREVIOUSLY GRANTED

B.1.   Inadmissible requests for exemption

| (16) | The parties listed in table 4 also submitted requests for exemption from the payment of the extended anti-dumping duty:

  Table 4








  Name | Address | Country |
| --- | --- | --- | --- |
| Apollo Electric Bikes B.V. | Leemstraat 6, 4705 RH Roosendaal | The Netherlands |
| IN CYCLES, Montagem e Comércio de Bicicletas Lda. | Zona Industrial de Oiă, Lote A e B, Apartado 175, 3770-059 Oiă | Portugal |
| Kleinebenne GmbH | Hansastrasse 22, 33818 Leopoldshöhe | Germany |
| MOBIKY-TECH | 675, Promenade des Ports, 50000 Saint-Lô | France |
| MOVITEC SRL | Jud. Brasov, Aeroportului Street 2, 507075 Ghimbav | Romania |
| Sun Baby Jacek Gabrus | Ul. Jana Styki 12, 64-920 Pila | Poland |
| TORPADO S.R.L. | Viale Enzo Ferrari 11, 30014 Cavarzere (VE) | Italy |

(16)

The parties listed in table 4 also submitted requests for exemption from the payment of the extended anti-dumping duty:

Table 4

Name

Address

Country

Apollo Electric Bikes B.V.

Leemstraat 6, 4705 RH Roosendaal

The Netherlands

IN CYCLES, Montagem e Comércio de Bicicletas Lda.

Zona Industrial de Oiă, Lote A e B, Apartado 175, 3770-059 Oiă

Portugal

Kleinebenne GmbH

Hansastrasse 22, 33818 Leopoldshöhe

Germany

MOBIKY-TECH

675, Promenade des Ports, 50000 Saint-Lô

France

MOVITEC SRL

Jud. Brasov, Aeroportului Street 2, 507075 Ghimbav

Romania

Sun Baby Jacek Gabrus

Ul. Jana Styki 12, 64-920 Pila

Poland

TORPADO S.R.L.

Viale Enzo Ferrari 11, 30014 Cavarzere (VE)

Italy

| (17) | One of these parties is an assembler of electrical bicycles whose imports are not subject to anti-dumping duty on bicycle parts according to Regulation (EC) No 71/97. This party is not eligible for an exemption. For some parties the supply of parts for the production of bicycles covered by the measures according to Regulation (EC) No 71/97 falls within the de minimis threshold of less than 300 units on a monthly basis as specified in Article 14(c) of the exemption Regulation. Consequently, those parties did not meet the conditions of Article 4.1(a) of the exemption Regulation and an exemption could not be granted. Some other parties had not started the production of bicycles yet and hence no suspension could be granted to them. |
| --- | --- |

(17)

One of these parties is an assembler of electrical bicycles whose imports are not subject to anti-dumping duty on bicycle parts according to Regulation (EC) No 71/97. This party is not eligible for an exemption. For some parties the supply of parts for the production of bicycles covered by the measures according to Regulation (EC) No 71/97 falls within the de minimis threshold of less than 300 units on a monthly basis as specified in Article 14(c) of the exemption Regulation. Consequently, those parties did not meet the conditions of Article 4.1(a) of the exemption Regulation and an exemption could not be granted. Some other parties had not started the production of bicycles yet and hence no suspension could be granted to them.

| (18) | All companies listed in tables 1-4 above were informed and given the opportunity to comment. None of the comments received were such as to alter the conclusions set out in this Decision, |
| --- | --- |

(18)

All companies listed in tables 1-4 above were informed and given the opportunity to comment. None of the comments received were such as to alter the conclusions set out in this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The parties listed below in table 1 are hereby exempt from the extension to imports of certain bicycle parts from the People’s Republic of China by Regulation (EC) No 71/97 of the definitive anti-dumping duty on bicycles originating in the People’s Republic of China imposed by Regulation (EEC) No 2474/93, last amended and maintained by Regulation (EC) No 1095/2005.

The exemption shall take effect in relation to each party as from the relevant date shown in the column headed ‘Date of effect’.

Table 1

List of parties to be exempt

| Name | Address | Country | Exemption pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- |
| Blue Factory Team S.L. | CL Torres y Villaroel 6, Elche Parque Industrial, 03320 Alicante | Spain | Article 7 | 16.7.2010 | A984 |
| CODE X Sp. z o.o. | Olszanka 109, 33-386 Podegrodzie (initially ul. Krolewska 16, 00-103 Warszawa) | Poland | Article 7 | 22.1.2010 | A966 |
| JETLANE SAS (initially JET’LEAN SAS) | 4, boulevard de Mons, 59650 Villeneuve-d’Ascq | France | Article 7 | 18.2.2010 | A968 |
| Kwasny & Diekhöner GmbH | Herforder Strasse 331, 33609 Bielefeld | Germany | Article 7 | 5.7.2011 | A993 |
| Maxtec Ltd | 1 Golyamokonarsko shose Str., 4204 Tsaratsovo, Plovdiv | Bulgaria | Article 7 | 15.10.2010 | A991 |
| Metelli di Staffoni Mario & C.S.A.S. | Via Trento 68, 25030 Trenzano (BS) | Italy | Article 7 | 13.4.2010 | A979 |
| Müller GmbH | Riedlerweg 7, 8054 Graz | Austria | Article 7 | 30.3.2010 | A978 (initially A977) |
| Unicykel AB | Aröds Industrieväg 14, 422 43 Hisings Backa | Sweden | Article 7 | 11.1.2010 | A967 |

Name

Address

Country

Exemption pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

Blue Factory Team S.L.

CL Torres y Villaroel 6, Elche Parque Industrial, 03320 Alicante

Spain

Article 7

16.7.2010

A984

CODE X Sp. z o.o.

Olszanka 109, 33-386 Podegrodzie (initially ul. Krolewska 16, 00-103 Warszawa)

Poland

Article 7

22.1.2010

A966

JETLANE SAS (initially JET’LEAN SAS)

4, boulevard de Mons, 59650 Villeneuve-d’Ascq

France

Article 7

18.2.2010

A968

Kwasny & Diekhöner GmbH

Herforder Strasse 331, 33609 Bielefeld

Germany

Article 7

5.7.2011

A993

Maxtec Ltd

1 Golyamokonarsko shose Str., 4204 Tsaratsovo, Plovdiv

Bulgaria

Article 7

15.10.2010

A991

Metelli di Staffoni Mario & C.S.A.S.

Via Trento 68, 25030 Trenzano (BS)

Italy

Article 7

13.4.2010

A979

Müller GmbH

Riedlerweg 7, 8054 Graz

Austria

Article 7

30.3.2010

A978 (initially A977)

Unicykel AB

Aröds Industrieväg 14, 422 43 Hisings Backa

Sweden

Article 7

11.1.2010

A967

Article 2

The request for exemption from the extended anti-dumping duty submitted pursuant to Article 3 of Regulation (EC) No 88/97 by the party listed below in table 2 is hereby rejected.

The suspension of payment of the extended anti-dumping duty pursuant to Article 5 of Regulation (EC) No 88/97 is hereby lifted for the party concerned as from the relevant date shown in the column headed ‘Date of effect’.

Table 2

List of parties for which the suspension is to be lifted

| Name | Address | Country | Suspension pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- |
| Bikeworks AC GmbH | Ernst-Abbe-Strasse 28, 52249 Eschweiler | Germany | Article 5 | 11.6.2010 | A980 |

Name

Address

Country

Suspension pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

Bikeworks AC GmbH

Ernst-Abbe-Strasse 28, 52249 Eschweiler

Germany

Article 5

11.6.2010

A980

Article 3

The exemptions from the payment of the extended anti-dumping duty pursuant to Article 7 of Regulation (EC) No 88/97 for the parties listed below in table 3 are to be revoked pursuant to Article 10 of the exemption Regulation.

The exemption from the payment of the extended anti-dumping duty is hereby lifted for the parties concerned as from the relevant date shown in the column headed ‘Date of effect’.

Table 3

List of parties for which the exemption is to be lifted

| Name | Address | Country | Exemption pursuant to Regulation (EC) No 88/97 | Date of effect | TARIC additional code |
| --- | --- | --- | --- | --- | --- |
| Bicicletas de Alava SL | C/Arcacha 1, 01006 Vitoria | Spain | Article 7 | 1 day after publication of the present Decision | 8963 |
| Fundador-Sociedade Importadora de Sangalhos, Lda. | Apartado, 26, P-3781-908 Sangalhos | Portugal | Article 7 | 1 day after publication of the present Decision | 8244 |

Name

Address

Country

Exemption pursuant to Regulation (EC) No 88/97

Date of effect

TARIC additional code

Bicicletas de Alava SL

C/Arcacha 1, 01006 Vitoria

Spain

Article 7

1 day after publication of the present Decision

8963

Fundador-Sociedade Importadora de Sangalhos, Lda.

Apartado, 26, P-3781-908 Sangalhos

Portugal

Article 7

1 day after publication of the present Decision

8244

Article 4

The requests for exemption from the extended anti-dumping duty made by the parties listed below in table 4 are hereby rejected.

Table 4

List of parties for which the request for exemption is rejected

| Name | Address | Country |
| --- | --- | --- |
| Apollo Electric Bikes B.V. | Leemstraat 6, 4705 RH Roosendaal | The Netherlands |
| IN CYCLES, Montagem e Comércio de Bicicletas Lda. | Zona Industrial de Oiă, Lote A e B, Apartado 175, 3770-059 Oiă | Portugal |
| Kleinebenne GmbH | Hansastrasse 22, 33818 Leopoldshöhe | Germany |
| MOBIKY-TECH | 675, Promenade des Ports, 50000 Saint-Lô | France |
| MOVITEC SRL | Jud. Brasov, Aeroportului Street 2, 507075 Ghimbav | Romania |
| Sun Baby Jacek Gabrus | Ul. Jana Styki 12, 64-920 Pila | Poland |
| TORPADO S.R.L. | Viale Enzo Ferrari 11, 30014 Cavarzere (VE) | Italy |

Name

Address

Country

Apollo Electric Bikes B.V.

Leemstraat 6, 4705 RH Roosendaal

The Netherlands

IN CYCLES, Montagem e Comércio de Bicicletas Lda.

Zona Industrial de Oiă, Lote A e B, Apartado 175, 3770-059 Oiă

Portugal

Kleinebenne GmbH

Hansastrasse 22, 33818 Leopoldshöhe

Germany

MOBIKY-TECH

675, Promenade des Ports, 50000 Saint-Lô

France

MOVITEC SRL

Jud. Brasov, Aeroportului Street 2, 507075 Ghimbav

Romania

Sun Baby Jacek Gabrus

Ul. Jana Styki 12, 64-920 Pila

Poland

TORPADO S.R.L.

Viale Enzo Ferrari 11, 30014 Cavarzere (VE)

Italy

Article 5

This Decision is addressed to the Member States and to the parties listed in Articles 1, 2, 3 and 4. It is also published in the Official Journal of the European Union.

Done at Brussels, 19 December 2011.

For the Commission

Karel DE GUCHT

Member of the Commission

---

(1)  OJ L 343, 22.12.2009, p. 51.

1

(2)  OJ L 16, 18.1.1997, p. 55.

2

(3)  OJ L 228, 9.9.1993, p. 1. Regulation as maintained by Regulation (EC) No 1524/2000 (OJ L 175, 14.7.2000, p. 39) and amended by Regulation (EC) No 1095/2005 (OJ L 183, 14.7.2005, p. 1).

3

(4)  OJ L 98, 19.4.1996, p. 3.

4

(5)  OJ L 17, 21.1.1997, p. 17.

5

(6)  OJ C 45, 13.2.1997, p. 3, OJ C 112, 10.4.1997, p. 9, OJ C 220, 19.7.1997, p. 6, OJ C 378, 13.12.1997, p. 2, OJ C 217, 11.7.1998, p. 9, OJ C 37, 11.2.1999, p. 3, OJ C 186, 2.7.1999, p. 6, OJ C 216, 28.7.2000, p. 8, OJ C 170, 14.6.2001, p. 5, OJ C 103, 30.4.2002, p. 2, OJ C 35, 14.2.2003, p. 3, OJ C 43, 22.2.2003, p. 5, OJ C 54, 2.3.2004, p. 2, OJ C 299, 4.12.2004, p. 4, OJ L 17, 21.1.2006, p. 16 and OJ L 313, 14.11.2006, p. 5, OJ L 81, 20.3.2008, p. 73, OJ C 310, 5.12.2008, p. 19, OJ L 19, 23.1.2009, p. 62, OJ L 314, 1.12.2009, p. 106, OJ L 136, 24.5.2011, p. 99.

6

(7)  OJ L 136, 24.5.2011, p. 99.

7

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/91 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/91

---

COMMISSION IMPLEMENTING DECISION

of 19 December 2011

establishing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2004/8/EC of the European Parliament and of the Council and repealing Commission Decision 2007/74/EC

(notified under document C(2011) 9523)

(2011/877/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market and amending Directive 92/42/EEC (1), and in particular Article 4(2) thereof,

Whereas:

| (1) | Pursuant to Directive 2004/8/EC the Commission established in Decision 2007/74/EC (2) harmonised efficiency reference values for separate production of electricity and heat, consisting of a matrix of values differentiated by relevant factors, including year of construction and types of fuel. |
| --- | --- |

(1)

Pursuant to Directive 2004/8/EC the Commission established in Decision 2007/74/EC (2) harmonised efficiency reference values for separate production of electricity and heat, consisting of a matrix of values differentiated by relevant factors, including year of construction and types of fuel.

| (2) | The Commission is to review the harmonised efficiency reference values for separate production of electricity and heat for the first time on 21 February 2011 and every four years thereafter, to take account of technological developments and changes in the distribution of energy sources. |
| --- | --- |

(2)

The Commission is to review the harmonised efficiency reference values for separate production of electricity and heat for the first time on 21 February 2011 and every four years thereafter, to take account of technological developments and changes in the distribution of energy sources.

| (3) | The Commission has reviewed the harmonised efficiency reference values for separate production of electricity and heat, taking into account data from operational use under realistic conditions, provided by the Member States. Developments in the best available and economically justifiable technology which took place during the period 2006-2011 which was covered by the review, indicate that for the harmonised efficiency reference values for separate production of electricity, the distinction drawn in Decision 2007/74/EC relating to the year of construction of a cogeneration unit should not be maintained for plants that were constructed from 1 January 2006 onwards. However for cogeneration units built in 2005 or before the reference values should continue to be applied reflecting the year of construction, in order to take into account the observed developments in the best available and economically justifiable technology. Furthermore, on the basis of recent experience and analysis, the review confirmed that correction factors relating to the climatic situation should continue to be applied. In addition, the correction factors for avoided grid losses should also continue to be applied as grid losses have not changed in recent years. Additionally, the correction factors for avoided grid losses should also apply to plants that use wood fuels and biogas. |
| --- | --- |

(3)

The Commission has reviewed the harmonised efficiency reference values for separate production of electricity and heat, taking into account data from operational use under realistic conditions, provided by the Member States. Developments in the best available and economically justifiable technology which took place during the period 2006-2011 which was covered by the review, indicate that for the harmonised efficiency reference values for separate production of electricity, the distinction drawn in Decision 2007/74/EC relating to the year of construction of a cogeneration unit should not be maintained for plants that were constructed from 1 January 2006 onwards. However for cogeneration units built in 2005 or before the reference values should continue to be applied reflecting the year of construction, in order to take into account the observed developments in the best available and economically justifiable technology. Furthermore, on the basis of recent experience and analysis, the review confirmed that correction factors relating to the climatic situation should continue to be applied. In addition, the correction factors for avoided grid losses should also continue to be applied as grid losses have not changed in recent years. Additionally, the correction factors for avoided grid losses should also apply to plants that use wood fuels and biogas.

| (4) | The review has not produced evidence to indicate that the energy efficiency of boilers has changed in the period considered, and therefore the harmonised efficiency reference values for the separate production of heat should not relate to the year of construction. No correction factors relating to the climatic situation were required because the thermodynamics of generating heat from fuel do not depend significantly on the ambient temperature. In addition correction factors for heat grid losses are not required as heat is always used near the site of production. |
| --- | --- |

(4)

The review has not produced evidence to indicate that the energy efficiency of boilers has changed in the period considered, and therefore the harmonised efficiency reference values for the separate production of heat should not relate to the year of construction. No correction factors relating to the climatic situation were required because the thermodynamics of generating heat from fuel do not depend significantly on the ambient temperature. In addition correction factors for heat grid losses are not required as heat is always used near the site of production.

| (5) | Stable conditions for investment in cogeneration and continued investor confidence are needed. From this perspective, it is also appropriate to extend the current harmonised reference values for electricity and heat to the period 2012-2015. |
| --- | --- |

(5)

Stable conditions for investment in cogeneration and continued investor confidence are needed. From this perspective, it is also appropriate to extend the current harmonised reference values for electricity and heat to the period 2012-2015.

| (6) | Data from operational use under realistic conditions do not demonstrate a statistically significant improvement of the actual performance of state-of-the-art plants in the period under review. Therefore the reference values established for the period 2006-2011 in Decision 2007/74/EC should be maintained for the period 2012-2015. |
| --- | --- |

(6)

Data from operational use under realistic conditions do not demonstrate a statistically significant improvement of the actual performance of state-of-the-art plants in the period under review. Therefore the reference values established for the period 2006-2011 in Decision 2007/74/EC should be maintained for the period 2012-2015.

| (7) | The review confirmed the validity of the existing correction factors relating to the climatic situation and to avoided grid losses. |
| --- | --- |

(7)

The review confirmed the validity of the existing correction factors relating to the climatic situation and to avoided grid losses.

| (8) | The use of a single set of reference values for the entire period and the waiving of correction factors for climatic differences and grid losses were also confirmed for heat generation. |
| --- | --- |

(8)

The use of a single set of reference values for the entire period and the waiving of correction factors for climatic differences and grid losses were also confirmed for heat generation.

| (9) | Taking into consideration that the main aim of Directive 2004/8/EC is to promote cogeneration in order to save energy, an incentive for retrofitting older cogeneration units should be given in order to improve their energy efficiency. For these reasons the efficiency reference values for electricity applicable to a cogeneration unit should become higher from the 11th year after the year of its construction. |
| --- | --- |

(9)

Taking into consideration that the main aim of Directive 2004/8/EC is to promote cogeneration in order to save energy, an incentive for retrofitting older cogeneration units should be given in order to improve their energy efficiency. For these reasons the efficiency reference values for electricity applicable to a cogeneration unit should become higher from the 11th year after the year of its construction.

| (10) | This approach is consistent with the requirement for the harmonised efficiency reference values to be based on the principles mentioned in Annex III, point (f) of Directive 2004/8/EC. |
| --- | --- |

(10)

This approach is consistent with the requirement for the harmonised efficiency reference values to be based on the principles mentioned in Annex III, point (f) of Directive 2004/8/EC.

| (11) | Revised harmonised efficiency reference values for separate production of electricity and heat should be established. Decision 2007/74/EC should, therefore, be repealed. |
| --- | --- |

(11)

Revised harmonised efficiency reference values for separate production of electricity and heat should be established. Decision 2007/74/EC should, therefore, be repealed.

| (12) | The measures provided for in this Decision are in accordance with the opinion of the Cogeneration Committee, |
| --- | --- |

(12)

The measures provided for in this Decision are in accordance with the opinion of the Cogeneration Committee,

HAS ADOPTED THIS DECISION:

Article 1

Establishment of the harmonised efficiency reference values

The harmonised efficiency reference values for separate production of electricity and heat shall be as set out in Annex I and Annex II respectively.

Article 2

Application of the harmonised efficiency reference values

1.   Member States shall apply the harmonised efficiency reference values set out in Annex I relating to the year of construction of a cogeneration unit. These harmonised efficiency reference values shall apply for 10 years from the year of construction of a cogeneration unit.

2.   From the 11th year following the year of construction of a cogeneration unit, Member States shall apply the harmonised efficiency reference values which by virtue of paragraph 1 apply to a cogeneration unit of 10 years of age. These harmonised efficiency reference values shall apply for one year.

3.   For the purpose of this Article the year of construction of a cogeneration unit shall mean the calendar year of the first electricity production.

Article 3

Correction factors for the harmonised efficiency reference values for separate production of electricity

1.   Member States shall apply the correction factors set out in Annex III, point (a) in order to adapt the harmonised efficiency reference values set out in Annex I to the average climatic situation in each Member State.

If on the territory of a Member State official meteorological data show differences in the annual ambient temperature of 5 °C or more, that Member State may, subject to notification to the Commission, use several climate zones for the purpose of the first subparagraph using the method set out in Annex III, point (b).

2.   Member States shall apply the correction factors set out in Annex IV in order to adapt the harmonised efficiency reference values set out in Annex I to avoided grid losses.

3.   Where Member States apply both the correction factors set out in Annex III, point (a) and those set out in Annex IV, they shall apply Annex III, point (a) before applying Annex IV.

Article 4

Retrofitting of a cogeneration unit

If an existing cogeneration unit is retrofitted and the investment cost for the retrofitting exceeds 50 % of the investment cost for a new comparable cogeneration unit, the calendar year of first electricity production of the retrofitted cogeneration unit shall be considered as its year of construction for the purpose of Article 2.

Article 5

Fuel mix

If the cogeneration unit is operated with more than one fuel the harmonised efficiency reference values for separate production shall be applied proportionally to the weighted mean of the energy input of the various fuels.

Article 6

Repeal

Decision 2007/74/EC shall be repealed.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 19 December 2011.

For the Commission

Günther OETTINGER

Member of the Commission

---

(1)  OJ L 52, 21.2.2004, p. 50.

1

(2)  OJ L 32, 6.2.2007, p. 183.

2

---

ANNEX I

Harmonised efficiency reference values for separate production of electricity (referred to in Article 1)

In the table below the harmonised efficiency reference values for separate production of electricity are based on net calorific value and standard ISO conditions (15 °C ambient temperature, 1,013 bar, 60 % relative humidity).

| | Year of construction:
  Type of fuel | 2001 and before | 2002 | 2003 | 2004 | 2005 | 2006-2011 | 2012-2015 |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Solids | Hard coal/coke | 42,7 | 43,1 | 43,5 | 43,8 | 44,0 | 44,2 | 44,2 |
| Lignite/lignite briquettes | 40,3 | 40,7 | 41,1 | 41,4 | 41,6 | 41,8 | 41,8 |
| Peat/peat briquettes | 38,1 | 38,4 | 38,6 | 38,8 | 38,9 | 39,0 | 39,0 |
| Wood fuels | 30,4 | 31,1 | 31,7 | 32,2 | 32,6 | 33,0 | 33,0 |
| Agricultural biomass | 23,1 | 23,5 | 24,0 | 24,4 | 24,7 | 25,0 | 25,0 |
| Biodegradable (municipal) waste | 23,1 | 23,5 | 24,0 | 24,4 | 24,7 | 25,0 | 25,0 |
| Non-renewable (municipal and industrial) waste | 23,1 | 23,5 | 24,0 | 24,4 | 24,7 | 25,0 | 25,0 |
| Oil shale | 38,9 | 38,9 | 38,9 | 38,9 | 38,9 | 39,0 | 39,0 |
| Liquids | Oil (gas oil + residual fuel oil), LPG | 42,7 | 43,1 | 43,5 | 43,8 | 44,0 | 44,2 | 44,2 |
| Biofuels | 42,7 | 43,1 | 43,5 | 43,8 | 44,0 | 44,2 | 44,2 |
| Biodegradable waste | 23,1 | 23,5 | 24,0 | 24,4 | 24,7 | 25,0 | 25,0 |
| Non-renewable waste | 23,1 | 23,5 | 24,0 | 24,4 | 24,7 | 25,0 | 25,0 |
| Gaseous | Natural gas | 51,7 | 51,9 | 52,1 | 52,3 | 52,4 | 52,5 | 52,5 |
| Refinery gas/hydrogen | 42,7 | 43,1 | 43,5 | 43,8 | 44,0 | 44,2 | 44,2 |
| Biogas | 40,1 | 40,6 | 41,0 | 41,4 | 41,7 | 42,0 | 42,0 |
| Coke oven gas, blast furnace gas, other waste gases, recovered waste heat | 35 | 35 | 35 | 35 | 35 | 35 | 35 |

Year of construction:

Type of fuel

2001 and before

2002

2003

2004

2005

2006-2011

2012-2015

Solids

Hard coal/coke

42,7

43,1

43,5

43,8

44,0

44,2

44,2

Lignite/lignite briquettes

40,3

40,7

41,1

41,4

41,6

41,8

41,8

Peat/peat briquettes

38,1

38,4

38,6

38,8

38,9

39,0

39,0

Wood fuels

30,4

31,1

31,7

32,2

32,6

33,0

33,0

Agricultural biomass

23,1

23,5

24,0

24,4

24,7

25,0

25,0

Biodegradable (municipal) waste

23,1

23,5

24,0

24,4

24,7

25,0

25,0

Non-renewable (municipal and industrial) waste

23,1

23,5

24,0

24,4

24,7

25,0

25,0

Oil shale

38,9

38,9

38,9

38,9

38,9

39,0

39,0

Liquids

Oil (gas oil + residual fuel oil), LPG

42,7

43,1

43,5

43,8

44,0

44,2

44,2

Biofuels

42,7

43,1

43,5

43,8

44,0

44,2

44,2

Biodegradable waste

23,1

23,5

24,0

24,4

24,7

25,0

25,0

Non-renewable waste

23,1

23,5

24,0

24,4

24,7

25,0

25,0

Gaseous

Natural gas

51,7

51,9

52,1

52,3

52,4

52,5

52,5

Refinery gas/hydrogen

42,7

43,1

43,5

43,8

44,0

44,2

44,2

Biogas

40,1

40,6

41,0

41,4

41,7

42,0

42,0

Coke oven gas, blast furnace gas, other waste gases, recovered waste heat

35

35

35

35

35

35

35

---

ANNEX II

Harmonised efficiency reference values for separate production of heat (referred to in Article 1)

In the table below the harmonised efficiency reference values for separate production of heat are based on net calorific value and standard ISO conditions (15 °C ambient temperature, 1,013 bar, 60 % relative humidity).

| | Type of fuel | Steam/hot water | Direct use of exhaust gases (1) |
| --- | --- | --- | --- |
| Solids | Hard coal/coke | 88 | 80 |
| Lignite/lignite briquettes | 86 | 78 |
| Peat/peat briquettes | 86 | 78 |
| Wood fuels | 86 | 78 |
| Agricultural biomass | 80 | 72 |
| Biodegradable (municipal) waste | 80 | 72 |
| Non-renewable (municipal and industrial) waste | 80 | 72 |
| Oil shale | 86 | 78 |
| Liquids | Oil (gas oil + residual fuel oil), LPG | 89 | 81 |
| Bio-fuels | 89 | 81 |
| Biodegradable waste | 80 | 72 |
| Non-renewable waste | 80 | 72 |
| Gaseous | Natural gas | 90 | 82 |
| Refinery gas/hydrogen | 89 | 81 |
| Biogas | 70 | 62 |
| Coke oven gas, blast furnace gas, other waste gases, recovered waste heat | 80 | 72 |

Type of fuel

Steam/hot water

Direct use of exhaust gases (1)

Solids

Hard coal/coke

88

80

Lignite/lignite briquettes

86

78

Peat/peat briquettes

86

78

Wood fuels

86

78

Agricultural biomass

80

72

Biodegradable (municipal) waste

80

72

Non-renewable (municipal and industrial) waste

80

72

Oil shale

86

78

Liquids

Oil (gas oil + residual fuel oil), LPG

89

81

Bio-fuels

89

81

Biodegradable waste

80

72

Non-renewable waste

80

72

Gaseous

Natural gas

90

82

Refinery gas/hydrogen

89

81

Biogas

70

62

Coke oven gas, blast furnace gas, other waste gases, recovered waste heat

80

72

---

(1)  Values for direct heat should be used if the temperature is 250 °C or higher.

---

ANNEX III

Correction factors relating to the average climatic situation and method for establishing climate zones for the application of the harmonised efficiency reference values for separate production of electricity (referred to in Article 3(1))

(a)   Correction factors relating to the average climatic situation

Ambient temperature correction is based on the difference between the annual average temperature in a Member State and standard ISO conditions (15 °C).

The correction will be as follows:

| (i) | 0,1 %-point efficiency loss for every degree above 15 °C |
| --- | --- |

(i)

0,1 %-point efficiency loss for every degree above 15 °C

| (ii) | 0,1 %-point efficiency gain for every degree under 15 °C |
| --- | --- |

(ii)

0,1 %-point efficiency gain for every degree under 15 °C

Example:

When the average annual temperature in a Member State is 10 °C, the reference value of a cogeneration unit in that Member State has to be increased with 0,5 %-points.

(b)   Method for establishing climate zones

The borders of each climate zone will be constituted by isotherms (in full degrees Celsius) of the annual average ambient temperature which differ at least 4 °C. The temperature difference between the average annual ambient temperatures applied in adjacent climate zones will be at least 4 °C.

Example:

In a Member State the average annual ambient temperature in place A is 12 °C and in place B it is 6 °C. The difference is more than 5 °C. The Member State has now the option to introduce two climate zones separated by the isotherm of 9 °C, thus constituting one climate zone between the isotherms of 9 °C and 13 °C with an average annual ambient temperature of 11 °C and another climate zone between the isotherms of 5 °C and 9 °C with an average annual ambient temperature of 7 °C.

---

ANNEX IV

Correction factors for avoided grid losses for the application of the harmonised efficiency reference values for separate production of electricity (referred to in Article 3(2))

| Voltage | For electricity exported to the grid | For electricity consumed on-site |
| --- | --- | --- |
| > 200 kV | 1 | 0,985 |
| 100-200 kV | 0,985 | 0,965 |
| 50-100 kV | 0,965 | 0,945 |
| 0,4-50 kV | 0,945 | 0,925 |
| < 0,4 kV | 0,925 | 0,860 |

Voltage

For electricity exported to the grid

For electricity consumed on-site

> 200 kV

1

0,985

100-200 kV

0,985

0,965

50-100 kV

0,965

0,945

0,4-50 kV

0,945

0,925

< 0,4 kV

0,925

0,860

Example:

A 100 kWel cogeneration unit with a reciprocating engine driven with natural gas generates electricity of 380 V. Of this electricity 85 % is used for own consumption and 15 % is fed into the grid. The plant was constructed in 1999. The annual ambient temperature is 15 °C (so no climatic correction is necessary).

In accordance with Article 2 of this Decision for cogeneration units older than 10 years of age the reference values of units of 10 years of age should be applied. According to Annex I to this Decision for a natural gas cogeneration unit built in 1999, which has not been retrofitted, the harmonised efficiency reference value applicable in 2011 is the reference value for 2001, 51,7 %. After the grid loss correction the resulting efficiency reference value for the separate production of electricity in this cogeneration unit would be (based on the weighted mean of the factors in this Annex):

Ref Εη = 51,7 % * (0,860 * 85 % + 0,925 * 15 %) = 45,0 %

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/97 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/97

---

COMMISSION IMPLEMENTING DECISION

of 20 December 2011

confirming the provisional calculation of average specific CO2 emissions and specific emissions targets for manufacturers of passenger cars for the calendar year 2010 pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council

(Text with EEA relevance)

(2011/878/EU)

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular the second subparagraph of Article 8(5) and Article 10(1) thereof,

Whereas:

| (1) | The Commission is required, pursuant to Article 8(5) of Regulation (EC) No 443/2009, to confirm each year, the average specific emissions of CO2 and the specific emissions target for each manufacturer of passenger cars in the Union as well as for each pool of manufacturers formed in accordance with Article 7(7) of that Regulation. On the basis of that confirmation, the Commission is to determine whether manufacturers and pools have complied with the requirements of Article 4 of that Regulation. Where it is clear that a manufacturer or a pool has failed to meet its specific emissions target, the Commission is required, pursuant to Article 9(1) of that Regulation, to issue excess emissions premiums by way of individual decisions addressed to the manufacturers or pool managers concerned. |
| --- | --- |

(1)

The Commission is required, pursuant to Article 8(5) of Regulation (EC) No 443/2009, to confirm each year, the average specific emissions of CO2 and the specific emissions target for each manufacturer of passenger cars in the Union as well as for each pool of manufacturers formed in accordance with Article 7(7) of that Regulation. On the basis of that confirmation, the Commission is to determine whether manufacturers and pools have complied with the requirements of Article 4 of that Regulation. Where it is clear that a manufacturer or a pool has failed to meet its specific emissions target, the Commission is required, pursuant to Article 9(1) of that Regulation, to issue excess emissions premiums by way of individual decisions addressed to the manufacturers or pool managers concerned.

| (2) | Pursuant to Article 4 of Regulation (EC) No 443/2009, the targets are binding on manufacturers and pools with effect from 2012. For the calendar years 2010 and 2011, the Commission should however calculate indicative targets and, pursuant to Article 8(6) of that Regulation, notify those manufacturers or pools whose average specific emissions exceed their indicative targets. As those targets for 2010 and 2011 will serve as indicators to manufacturers of the effort required to reach the mandatory target in 2012, it is appropriate to determine the average specific emissions of manufacturers for 2010 and 2011 in accordance with requirements set out in the second paragraph of Article 4 of that Regulation and take into account only the 65 % lowest emitting vehicles of each manufacturer. |
| --- | --- |

(2)

Pursuant to Article 4 of Regulation (EC) No 443/2009, the targets are binding on manufacturers and pools with effect from 2012. For the calendar years 2010 and 2011, the Commission should however calculate indicative targets and, pursuant to Article 8(6) of that Regulation, notify those manufacturers or pools whose average specific emissions exceed their indicative targets. As those targets for 2010 and 2011 will serve as indicators to manufacturers of the effort required to reach the mandatory target in 2012, it is appropriate to determine the average specific emissions of manufacturers for 2010 and 2011 in accordance with requirements set out in the second paragraph of Article 4 of that Regulation and take into account only the 65 % lowest emitting vehicles of each manufacturer.

| (3) | The data to be used for the calculation of the average specific emissions and the specific emissions targets is set out in Part C of Annex II to Regulation (EC) No 443/2009 and is based on Member States’ registrations of new passenger cars during the preceding calendar year. The data is taken from the certificates of conformity issued by the manufacturers or from documents providing equivalent information in accordance with Article 3(1) of Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (2). |
| --- | --- |

(3)

The data to be used for the calculation of the average specific emissions and the specific emissions targets is set out in Part C of Annex II to Regulation (EC) No 443/2009 and is based on Member States’ registrations of new passenger cars during the preceding calendar year. The data is taken from the certificates of conformity issued by the manufacturers or from documents providing equivalent information in accordance with Article 3(1) of Commission Regulation (EU) No 1014/2010 of 10 November 2010 on monitoring and reporting of data on the registration of new passenger cars pursuant to Regulation (EC) No 443/2009 of the European Parliament and of the Council (2).

| (4) | The data for 2010 was transmitted to the Commission by the deadline of 28 February 2011 specified in Article 8(2) of Regulation (EC) No 443/2009 by a majority of the Member States. The complete datasets for all Member States were only, however, finally made available to the Commission by mid April and were subsequently provisionally verified. |
| --- | --- |

(4)

The data for 2010 was transmitted to the Commission by the deadline of 28 February 2011 specified in Article 8(2) of Regulation (EC) No 443/2009 by a majority of the Member States. The complete datasets for all Member States were only, however, finally made available to the Commission by mid April and were subsequently provisionally verified.

| (5) | Where, as a result of the initial verification, it was evident that certain data were missing or manifestly incorrect, the Commission contacted the Member States concerned and, subject to the agreement of those Member States, adjusted or completed the data accordingly. Where no agreement could be reached with a Member State, the provisional data of that Member State was not adjusted. |
| --- | --- |

(5)

Where, as a result of the initial verification, it was evident that certain data were missing or manifestly incorrect, the Commission contacted the Member States concerned and, subject to the agreement of those Member States, adjusted or completed the data accordingly. Where no agreement could be reached with a Member State, the provisional data of that Member State was not adjusted.

| (6) | On 29 June 2011, the Commission published, in accordance with Article 8(4) of Regulation (EC) No 443/2009, the provisional data and notified 89 manufacturers of the provisional calculations of their average specific emissions in 2010 and their specific emissions targets. Manufacturers were asked to verify the data and to notify to the Commission any errors within 3 months of receipt of the notification in accordance with the first subparagraph of Article 8(5) of that Regulation. |
| --- | --- |

(6)

On 29 June 2011, the Commission published, in accordance with Article 8(4) of Regulation (EC) No 443/2009, the provisional data and notified 89 manufacturers of the provisional calculations of their average specific emissions in 2010 and their specific emissions targets. Manufacturers were asked to verify the data and to notify to the Commission any errors within 3 months of receipt of the notification in accordance with the first subparagraph of Article 8(5) of that Regulation.

| (7) | On 12 August, guidelines for the notification of errors in the CO2 data from cars were published on the Commission website. The guidelines provide a format for notification and indicate the information required from the manufacturers to enable the Commission to take those errors into account. |
| --- | --- |

(7)

On 12 August, guidelines for the notification of errors in the CO2 data from cars were published on the Commission website. The guidelines provide a format for notification and indicate the information required from the manufacturers to enable the Commission to take those errors into account.

| (8) | Fifteen manufacturers submitted notifications of errors within the 3-month deadline. One manufacturer submitted a complete notification after the expiry of the deadline. Seven manufacturers out of those 15 submitted notifications that included detailed information on the errors and justifications for the corrections proposed. The remaining eight manufacturers submitted summary notifications that only partially complied with the Commission’s recommendations as to the format and contents of the notifications. In addition to those manufacturers that submitted notifications of error, eight manufacturers informed the Commission that there were errors in the datasets without providing any further information or evidence as to the nature or reasons for those errors. |
| --- | --- |

(8)

Fifteen manufacturers submitted notifications of errors within the 3-month deadline. One manufacturer submitted a complete notification after the expiry of the deadline. Seven manufacturers out of those 15 submitted notifications that included detailed information on the errors and justifications for the corrections proposed. The remaining eight manufacturers submitted summary notifications that only partially complied with the Commission’s recommendations as to the format and contents of the notifications. In addition to those manufacturers that submitted notifications of error, eight manufacturers informed the Commission that there were errors in the datasets without providing any further information or evidence as to the nature or reasons for those errors.

| (9) | In the case of the 73 manufacturers that did not notify any errors in the datasets or only informed the Commission of errors in the datasets without providing the necessary evidence, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed without adjustments. |
| --- | --- |

(9)

In the case of the 73 manufacturers that did not notify any errors in the datasets or only informed the Commission of errors in the datasets without providing the necessary evidence, the provisional data and provisional calculations of the average specific emissions and the specific emissions targets should be confirmed without adjustments.

| (10) | Where manufacturers have provided the necessary information and evidence supporting the existence of errors in the datasets, the Commission should consider those notifications and, where appropriate, amend the provisional calculations of the average specific emissions and the targets. |
| --- | --- |

(10)

Where manufacturers have provided the necessary information and evidence supporting the existence of errors in the datasets, the Commission should consider those notifications and, where appropriate, amend the provisional calculations of the average specific emissions and the targets.

| (11) | Member States’ registration authorities are solely responsible for the number of registrations reported to the Commission. As manufacturers’ sales data do not necessarily accurately reflect the number of registrations in a given Member State for a given period of time, it is not possible to consider errors in the number of registrations for the calculation of the average specific emissions. Only errors relating to the contents of the datasets for registered vehicles should therefore be considered. However, in some cases, manufacturers have notified that registrations should be attributed to another manufacturer. Those re-attributions should be reflected in the final confirmed datasets. |
| --- | --- |

(11)

Member States’ registration authorities are solely responsible for the number of registrations reported to the Commission. As manufacturers’ sales data do not necessarily accurately reflect the number of registrations in a given Member State for a given period of time, it is not possible to consider errors in the number of registrations for the calculation of the average specific emissions. Only errors relating to the contents of the datasets for registered vehicles should therefore be considered. However, in some cases, manufacturers have notified that registrations should be attributed to another manufacturer. Those re-attributions should be reflected in the final confirmed datasets.

| (12) | It results from the complete notifications that the manufacturers were able to identify a part of the datasets as correct and proposed corrections to those parts of the datasets that could be verified. Between 4 and 15 per cent of the datasets consist, however, of registrations referring to unidentifiable vehicles for which values such as CO2 emissions or mass cannot be verified by the manufacturer. This is usually due to missing information that is required in order for the manufacturer to identify the individual vehicles, more precisely the identification code composed of the type, variant and version of the vehicles concerned. In a small number of cases, registrations could be attributed to manufacturers, however, key data on CO2 emissions and mass were not available. |
| --- | --- |

(12)

It results from the complete notifications that the manufacturers were able to identify a part of the datasets as correct and proposed corrections to those parts of the datasets that could be verified. Between 4 and 15 per cent of the datasets consist, however, of registrations referring to unidentifiable vehicles for which values such as CO2 emissions or mass cannot be verified by the manufacturer. This is usually due to missing information that is required in order for the manufacturer to identify the individual vehicles, more precisely the identification code composed of the type, variant and version of the vehicles concerned. In a small number of cases, registrations could be attributed to manufacturers, however, key data on CO2 emissions and mass were not available.

| (13) | The Commission has verified the corrections proposed by the manufacturers and the supporting evidence. Where entries have been corrected either by inserting a missing value or by replacing an incorrect value for those registrations that can be verified by the manufacturer and the corrected values are consistent with values resulting from reference data sources, such as data from type approval documents, such corrections are justified. However, where a manufacturer has notified errors but not proposed corrections, notwithstanding that those errors could have been verified and corrected and has not sufficiently demonstrated that those corrections could not be made within the 3-month verification period, those errors should not be considered for the final calculation. |
| --- | --- |

(13)

The Commission has verified the corrections proposed by the manufacturers and the supporting evidence. Where entries have been corrected either by inserting a missing value or by replacing an incorrect value for those registrations that can be verified by the manufacturer and the corrected values are consistent with values resulting from reference data sources, such as data from type approval documents, such corrections are justified. However, where a manufacturer has notified errors but not proposed corrections, notwithstanding that those errors could have been verified and corrected and has not sufficiently demonstrated that those corrections could not be made within the 3-month verification period, those errors should not be considered for the final calculation.

| (14) | In the case of registrations that can be attributed to, but not verified by the manufacturers, the values for CO2 emissions and mass included in those registrations should still be used to calculate the average CO2 emissions and specific emissions target. It is however necessary to take into account the fact that manufacturers cannot verify those values and ensure that the inclusion does not have a negative impact on the final values determined for the manufacturers concerned. Accordingly, an error margin should be applied to that calculation reflecting the individual situation of the manufacturer as described and justified in the notification of errors. More precisely, an error margin should be calculated for the average specific emissions and the average mass, since those two parameters determine the distance to the specific emissions target of each manufacturer, i.e. how close a manufacturer is to achieving its specific emission target. |
| --- | --- |

(14)

In the case of registrations that can be attributed to, but not verified by the manufacturers, the values for CO2 emissions and mass included in those registrations should still be used to calculate the average CO2 emissions and specific emissions target. It is however necessary to take into account the fact that manufacturers cannot verify those values and ensure that the inclusion does not have a negative impact on the final values determined for the manufacturers concerned. Accordingly, an error margin should be applied to that calculation reflecting the individual situation of the manufacturer as described and justified in the notification of errors. More precisely, an error margin should be calculated for the average specific emissions and the average mass, since those two parameters determine the distance to the specific emissions target of each manufacturer, i.e. how close a manufacturer is to achieving its specific emission target.

| (15) | The error margin should be determined as the difference between the distances to the specific emission target expressed as the average emissions subtracted from the specific emissions targets calculated including and excluding those registrations that cannot be verified by the manufacturers. Regardless of whether that difference is positive or negative the error margin should always reduce the distance to the target of the manufacturer. |
| --- | --- |

(15)

The error margin should be determined as the difference between the distances to the specific emission target expressed as the average emissions subtracted from the specific emissions targets calculated including and excluding those registrations that cannot be verified by the manufacturers. Regardless of whether that difference is positive or negative the error margin should always reduce the distance to the target of the manufacturer.

| (16) | In the case of registrations where the values on CO2 emissions or mass are missing as well as the identification code, those registrations should not be taken into account for the final calculation of the average emissions. |
| --- | --- |

(16)

In the case of registrations where the values on CO2 emissions or mass are missing as well as the identification code, those registrations should not be taken into account for the final calculation of the average emissions.

| (17) | Since the 2010 data verification exercise is the first to be carried out pursuant to Regulation (EC) No 443/2009, it is appropriate to exceptionally consider also those notifications that did not include all the information required by the Commission for fully taking into account the errors. The error margins to be applied to the final calculations referred to in those notifications should however be calculated on the basis of the Commission’s own assessment of the number of registrations that cannot be verified by those manufacturers. It is also appropriate, exceptionally, to take into account, for the confirmation of 2010 data, the notification of errors that was submitted shortly after the expiry of the deadline. |
| --- | --- |

(17)

Since the 2010 data verification exercise is the first to be carried out pursuant to Regulation (EC) No 443/2009, it is appropriate to exceptionally consider also those notifications that did not include all the information required by the Commission for fully taking into account the errors. The error margins to be applied to the final calculations referred to in those notifications should however be calculated on the basis of the Commission’s own assessment of the number of registrations that cannot be verified by those manufacturers. It is also appropriate, exceptionally, to take into account, for the confirmation of 2010 data, the notification of errors that was submitted shortly after the expiry of the deadline.

| (18) | The average specific emissions of CO2 from new passenger cars registered in 2010, the specific emissions targets and the difference between those two values should be confirmed accordingly, |
| --- | --- |

(18)

The average specific emissions of CO2 from new passenger cars registered in 2010, the specific emissions targets and the difference between those two values should be confirmed accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following values specified in the Annex are confirmed for each manufacturer of passenger cars and for each pool of manufacturers in respect of the 2010 calendar year:

| (a) | the specific emissions target; |
| --- | --- |

(a)

the specific emissions target;

| (b) | the average specific emissions of CO2, where appropriate adjusted by the relevant error margin; |
| --- | --- |

(b)

the average specific emissions of CO2, where appropriate adjusted by the relevant error margin;

| (c) | the difference between the values referred to in points (a) and (b); |
| --- | --- |

(c)

the difference between the values referred to in points (a) and (b);

| (d) | the average specific emissions of CO2 for all new passenger cars; |
| --- | --- |

(d)

the average specific emissions of CO2 for all new passenger cars;

| (e) | the average mass for all new passenger cars in the Union. |
| --- | --- |

(e)

the average mass for all new passenger cars in the Union.

Article 2

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

Done at Brussels, 20 December 2011.

For the Commission

The President

José Manuel BARROSO

---

(1)  OJ L 140, 5.6.2009, p. 1.

1

(2)  OJ L 293, 11.11.2010, p. 15.

2

---

ANNEX

Table 1

Values relating to the performance of manufacturers confirmed in accordance with Article 10(1) of Regulation (EC) No 443/2009

| A | B | C | D | E | F | G | H | I |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Manufacturer Name | Pools and Derogations | Number of registrations | Average CO2 (65 %) corrected | Specific emission target | Distance to target | Distance to target adjusted | Average mass | Average CO2 (100 %) |
| Alpina Burkard Bovensiepen GmbH + Co. KG | | 173 | 187,795 | 147,429 | 40,366 | 40,366 | 1 753,38 | 210,341 |
| Artega Automobil GmbH & Co. KG | | 2 | 220,000 | 132,194 | 87,806 | 87,806 | 1 420,00 | 220,000 |
| Aston Martin Lagonda Ltd | D | 1 415 | 333,482 | 320,000 | 13,482 | 12,657 | 1 860,72 | 348,372 |
| Audi AG | | 589 855 | 133,883 | 140,365 | –6,482 | –6,557 | 1 598,80 | 151,832 |
| Automobiles Citroën | | 815 936 | 118,764 | 127,361 | –8,597 | –8,597 | 1 314,26 | 131,418 |
| Automobiles Peugeot | | 974 248 | 119,208 | 127,704 | –8,496 | –8,496 | 1 321,76 | 131,021 |
| Autovaz | | 3 911 | 212,171 | 126,410 | 85,761 | 85,761 | 1 293,44 | 219,516 |
| Bayerische Motoren Werke AG | | 640 021 | 129,253 | 137,409 | –8,156 | –8,210 | 1 534,13 | 146,355 |
| Bentley Motors Ltd | | 1 187 | 391,423 | 181,363 | 210,060 | 210,060 | 2 495,92 | 395,925 |
| BMW M GmbH | | 77 120 | 133,513 | 142,836 | –9,323 | –13,535 | 1 652,88 | 156,242 |
| Bugatti Automobiles SAS | | 8 | 584,600 | 159,225 | 425,375 | 425,375 | 2 011,50 | 589,250 |
| Caterham Cars Limited | D | 135 | 166,920 | 210,000 | –43,080 | –43,080 | 712,15 | 179,826 |
| Chevrolet Italia | | 25 442 | 113,042 | 116,356 | –3,314 | –3,359 | 1 073,45 | 117,607 |
| Chrysler Group LLC | | 31 121 | 192,081 | 157,480 | 34,601 | 34,601 | 1 973,32 | 215,200 |
| CNG Technik | P1 | 583 | 225,000 | 134,782 | 90,218 | 89,953 | 1 476,64 | 226,252 |
| Automobile Dacia SA | | 251 938 | 133,865 | 123,831 | 10,034 | 9,631 | 1 237,01 | 144,989 |
| Daihatsu Motor Co. Ltd | | 18 972 | 128,351 | 117,975 | 10,376 | 10,376 | 1 108,86 | 145,374 |
| Daimler AG, Stuttgart | P2 | 646 067 | 137,762 | 137,323 | 0,439 | 0,349 | 1 532,24 | 160,166 |
| DR Motor Company SRL | | 4 943 | 122,413 | 120,642 | 1,771 | 1,771 | 1 167,22 | 138,566 |
| Ferrari | D | 2 361 | 300,718 | 303,000 | –2,282 | –2,282 | 1 751,12 | 322,468 |
| FIAT Group Automobiles SpA | | 975 822 | 115,285 | 119,240 | –3,955 | –3,955 | 1 136,56 | 125,013 |
| Ford-Werke GmbH | P1 | 1 076 887 | 121,128 | 126,226 | –5,098 | –5,605 | 1 289,42 | 136,552 |
| Fuji Heavy Industries Ltd | ND | 30 655 | 165,182 | 164,616 | 0,566 | 0,520 | 1 608,03 | 179,332 |
| Geely Europe Ltd | | 918 | 115,916 | 140,077 | –24,161 | –24,161 | 1 592,50 | 131,466 |
| General Motors Company | | 1 490 | 270,134 | 151,750 | 118,384 | 113,988 | 1 847,93 | 296,400 |
| GM Daewoo Auto u. Tech. Comp. | | 146 117 | 125,759 | 124,606 | 1,153 | 1,138 | 1 253,96 | 143,544 |
| GM Italia SRL | | 37 670 | 119,750 | 125,467 | –5,717 | –5,717 | 1 272,82 | 124,405 |
| Great Wall Motor Company Limited | D | 344 | 222,000 | 195,000 | 27,000 | 27,000 | 1 919,52 | 224,314 |
| Gumpert Sportwagenmanufaktur GmbH | | 2 | 310,000 | 132,879 | 177,121 | 177,121 | 1 435,00 | 310,000 |
| Honda Automobile China CO | P3 | 20 876 | 125,023 | 119,099 | 5,924 | 5,911 | 1 133,46 | 126,094 |
| Honda Automobile Thailand CO | P3 | 1 444 | 142,000 | 120,816 | 21,184 | 21,184 | 1 171,03 | 142,615 |
| Honda Motor CO | P3 | 102 890 | 124,841 | 128,710 | –3,869 | –4,083 | 1 343,77 | 143,823 |
| Honda of the UK Manufacturing | P3 | 47 840 | 145,932 | 133,391 | 12,541 | 12,234 | 1 446,21 | 162,280 |
| Honda Turkiye AS | P3 | 1 587 | 155,953 | 125,560 | 30,393 | 30,393 | 1 274,84 | 156,624 |
| Hyundai Motor Europe GmbH | | 325 603 | 120,858 | 126,725 | –5,867 | –5,867 | 1 300,33 | 134,244 |
| Iveco SpA | | 49 | 213,548 | 180,265 | 33,283 | 33,283 | 2 471,90 | 216,694 |
| Jaguar Cars Ltd | D | 23 740 | 178,656 | 178,025 | 0,631 | 0,631 | 1 900,33 | 199,016 |
| Kia Motors Europe GmbH | | 253 706 | 126,251 | 131,248 | –4,997 | –4,997 | 1 399,30 | 143,272 |
| KTM-Sportmotorcycle AG | D | 57 | 173,432 | 200,000 | –26,568 | –26,568 | 882,89 | 179,000 |
| Automobili Lamborghini SpA | | 265 | 323,977 | 141,293 | 182,684 | 182,506 | 1 619,11 | 357,362 |
| Land Rover | D | 65 534 | 209,295 | 178,025 | 31,270 | 31,270 | 2 351,43 | 231,494 |
| Lotus Cars Limited | D | 825 | 189,108 | 280,000 | –90,892 | –90,892 | 1 159,21 | 196,596 |
| The London Taxi Company | | 1 662 | 225,087 | 154,227 | 70,860 | 70,860 | 1 902,13 | 227,739 |
| Magyar Suzuki Corporation Ltd | | 87 204 | 130,004 | 121,130 | 8,874 | 8,843 | 1 177,91 | 136,665 |
| Mahindra Europe SRL | | 48 | 246,839 | 160,042 | 86,797 | 86,797 | 2 029,38 | 251,500 |
| Maruti Suzuki India Ltd | | 19 577 | 103,000 | 109,908 | –6,908 | –6,908 | 932,36 | 104,287 |
| Maserati SpA | | 1 626 | 353,473 | 159,119 | 194,354 | 194,354 | 2 009,18 | 362,557 |
| Mazda Motor Corporation | | 170 007 | 133,729 | 128,523 | 5,206 | 4,831 | 1 339,67 | 149,458 |
| Mercedes-AMG GmbH, Affalterbach | P2 | 1 503 | 308,000 | 144,857 | 163,143 | 163,138 | 1 697,10 | 308,000 |
| MG Motor UK Limited | D | 264 | 184,871 | 184,000 | 0,871 | 0,871 | 1 180,16 | 184,717 |
| Micro-Vett SpA | | 4 | 0,000 | 133,507 | – 133,507 | – 133,507 | 1 448,75 | 0,000 |
| Mitsubishi Motors Corporation (MMC) | P4 | 72 594 | 145,036 | 138,601 | 6,435 | 6,377 | 1 560,20 | 165,144 |
| Mitsubishi Motor R & D Europe GmbH | P4 | 16 530 | 119,878 | 114,793 | 5,085 | 5,084 | 1 039,25 | 127,284 |
| Morgan Motor Co. Ltd | D | 415 | 164,342 | 180,000 | –15,658 | –15,658 | 1 113,67 | 189,278 |
| Nissan International SA | | 389 818 | 132,131 | 128,875 | 3,256 | 3,256 | 1 347,39 | 147,197 |
| O.M.C.I. SRL | | 46 | 156,862 | 120,759 | 36,103 | 36,103 | 1 169,78 | 167,848 |
| Adam Opel AG | | 935 499 | 126,920 | 130,483 | –3,563 | –3,767 | 1 382,56 | 139,529 |
| OSV — Opel Special Vehicles GmbH | | 67 | 135,512 | 140,208 | –4,696 | –4,696 | 1 595,36 | 136,836 |
| Perodua Manufacturing Sdn Bhd | | 690 | 136,480 | 113,634 | 22,846 | 22,846 | 1 013,88 | 140,230 |
| Pgo Ingenierie | | 29 | 185,000 | 115,657 | 69,343 | 69,343 | 1 058,14 | 189,828 |
| Dr. Ing. h.c. F. Porsche AG | | 34 512 | 220,872 | 152,089 | 68,783 | 68,783 | 1 855,34 | 238,859 |
| Potenza Sports Cars | | 31 | 178,000 | 99,975 | 78,025 | 78,025 | 715,00 | 178,000 |
| Proton Cars United Kingdom Ltd | D | 792 | 143,315 | 185,000 | –41,685 | –41,685 | 1 394,89 | 153,557 |
| Quattro GmbH | | 2 596 | 279,097 | 154,102 | 124,995 | 124,766 | 1 899,39 | 299,034 |
| Renault | | 1 125 141 | 120,700 | 127,045 | –6,345 | –6,378 | 1 307,33 | 133,824 |
| Rolls-Royce Motors Cars Ltd | | 413 | 315,616 | 181,297 | 134,319 | 133,038 | 2 494,48 | 332,063 |
| Saab Automobile AB | | 19 979 | 156,561 | 143,922 | 12,639 | 12,639 | 1 676,64 | 175,341 |
| Santana Motor SA | | 382 | 168,351 | 135,765 | 32,586 | 32,586 | 1 498,15 | 204,921 |
| SEAT | | 288 629 | 120,162 | 125,722 | –5,560 | –5,647 | 1 278,38 | 131,162 |
| Secma | | 26 | 155,000 | 97,370 | 57,630 | 57,630 | 658,00 | 155,000 |
| Shijiazhuang Shuanghuan Automobile Company | | 44 | 266,357 | 152,951 | 113,406 | 113,406 | 1 874,20 | 267,682 |
| SKODA auto a.s. | | 420 718 | 127,869 | 127,225 | 0,644 | 0,571 | 1 311,28 | 139,193 |
| Sovab | | 94 | 227,066 | 166,119 | 60,947 | 60,947 | 2 162,34 | 230,138 |
| Ssangyong Motor Company | D | 4 785 | 203,851 | 180,000 | 23,851 | 23,851 | 2 023,10 | 215,728 |
| Suzuki Motor Corporation | | 85 177 | 124,055 | 121,050 | 3,005 | 2,981 | 1 176,15 | 144,109 |
| Tata Motors Limited | D | 3 582 | 137,754 | 178,025 | –40,271 | –40,271 | 1 293,00 | 151,987 |
| Tesla Motors Ltd | | 40 | 0,000 | 128,309 | – 128,309 | – 128,309 | 1 335,00 | 0,000 |
| Think | | 144 | 0,000 | 120,248 | – 120,248 | – 120,248 | 1 158,61 | 0,000 |
| Toyota Motor Europe NV/SA | | 564 633 | 112,241 | 128,349 | –16,108 | –16,273 | 1 335,87 | 129,056 |
| Volkswagen AG | | 1 469 419 | 125,987 | 130,715 | –4,728 | –4,763 | 1 387,65 | 140,352 |
| Volvo Car Corporation | | 204 926 | 134,492 | 143,273 | –8,781 | –8,781 | 1 662,43 | 156,948 |
| Westfield Sports Cars | | 3 | 178,000 | 99,975 | 78,025 | 78,025 | 715,00 | 178,000 |
| Wiesmann GmbH | D | 8 | 253,000 | 274,000 | –21,000 | –21,000 | 1 409,88 | 257,250 |

A

B

C

D

E

F

G

H

I

Manufacturer Name

Pools and Derogations

Number of registrations

Average CO2 (65 %) corrected

Specific emission target

Distance to target

Distance to target adjusted

Average mass

Average CO2 (100 %)

Alpina Burkard Bovensiepen GmbH + Co. KG

173

187,795

147,429

40,366

40,366

1 753,38

210,341

Artega Automobil GmbH & Co. KG

2

220,000

132,194

87,806

87,806

1 420,00

220,000

Aston Martin Lagonda Ltd

D

1 415

333,482

320,000

13,482

12,657

1 860,72

348,372

Audi AG

589 855

133,883

140,365

–6,482

–6,557

1 598,80

151,832

Automobiles Citroën

815 936

118,764

127,361

–8,597

–8,597

1 314,26

131,418

Automobiles Peugeot

974 248

119,208

127,704

–8,496

–8,496

1 321,76

131,021

Autovaz

3 911

212,171

126,410

85,761

85,761

1 293,44

219,516

Bayerische Motoren Werke AG

640 021

129,253

137,409

–8,156

–8,210

1 534,13

146,355

Bentley Motors Ltd

1 187

391,423

181,363

210,060

210,060

2 495,92

395,925

BMW M GmbH

77 120

133,513

142,836

–9,323

–13,535

1 652,88

156,242

Bugatti Automobiles SAS

8

584,600

159,225

425,375

425,375

2 011,50

589,250

Caterham Cars Limited

D

135

166,920

210,000

–43,080

–43,080

712,15

179,826

Chevrolet Italia

25 442

113,042

116,356

–3,314

–3,359

1 073,45

117,607

Chrysler Group LLC

31 121

192,081

157,480

34,601

34,601

1 973,32

215,200

CNG Technik

P1

583

225,000

134,782

90,218

89,953

1 476,64

226,252

Automobile Dacia SA

251 938

133,865

123,831

10,034

9,631

1 237,01

144,989

Daihatsu Motor Co. Ltd

18 972

128,351

117,975

10,376

10,376

1 108,86

145,374

Daimler AG, Stuttgart

P2

646 067

137,762

137,323

0,439

0,349

1 532,24

160,166

DR Motor Company SRL

4 943

122,413

120,642

1,771

1,771

1 167,22

138,566

Ferrari

D

2 361

300,718

303,000

–2,282

–2,282

1 751,12

322,468

FIAT Group Automobiles SpA

975 822

115,285

119,240

–3,955

–3,955

1 136,56

125,013

Ford-Werke GmbH

P1

1 076 887

121,128

126,226

–5,098

–5,605

1 289,42

136,552

Fuji Heavy Industries Ltd

ND

30 655

165,182

164,616

0,566

0,520

1 608,03

179,332

Geely Europe Ltd

918

115,916

140,077

–24,161

–24,161

1 592,50

131,466

General Motors Company

1 490

270,134

151,750

118,384

113,988

1 847,93

296,400

GM Daewoo Auto u. Tech. Comp.

146 117

125,759

124,606

1,153

1,138

1 253,96

143,544

GM Italia SRL

37 670

119,750

125,467

–5,717

–5,717

1 272,82

124,405

Great Wall Motor Company Limited

D

344

222,000

195,000

27,000

27,000

1 919,52

224,314

Gumpert Sportwagenmanufaktur GmbH

2

310,000

132,879

177,121

177,121

1 435,00

310,000

Honda Automobile China CO

P3

20 876

125,023

119,099

5,924

5,911

1 133,46

126,094

Honda Automobile Thailand CO

P3

1 444

142,000

120,816

21,184

21,184

1 171,03

142,615

Honda Motor CO

P3

102 890

124,841

128,710

–3,869

–4,083

1 343,77

143,823

Honda of the UK Manufacturing

P3

47 840

145,932

133,391

12,541

12,234

1 446,21

162,280

Honda Turkiye AS

P3

1 587

155,953

125,560

30,393

30,393

1 274,84

156,624

Hyundai Motor Europe GmbH

325 603

120,858

126,725

–5,867

–5,867

1 300,33

134,244

Iveco SpA

49

213,548

180,265

33,283

33,283

2 471,90

216,694

Jaguar Cars Ltd

D

23 740

178,656

178,025

0,631

0,631

1 900,33

199,016

Kia Motors Europe GmbH

253 706

126,251

131,248

–4,997

–4,997

1 399,30

143,272

KTM-Sportmotorcycle AG

D

57

173,432

200,000

–26,568

–26,568

882,89

179,000

Automobili Lamborghini SpA

265

323,977

141,293

182,684

182,506

1 619,11

357,362

Land Rover

D

65 534

209,295

178,025

31,270

31,270

2 351,43

231,494

Lotus Cars Limited

D

825

189,108

280,000

–90,892

–90,892

1 159,21

196,596

The London Taxi Company

1 662

225,087

154,227

70,860

70,860

1 902,13

227,739

Magyar Suzuki Corporation Ltd

87 204

130,004

121,130

8,874

8,843

1 177,91

136,665

Mahindra Europe SRL

48

246,839

160,042

86,797

86,797

2 029,38

251,500

Maruti Suzuki India Ltd

19 577

103,000

109,908

–6,908

–6,908

932,36

104,287

Maserati SpA

1 626

353,473

159,119

194,354

194,354

2 009,18

362,557

Mazda Motor Corporation

170 007

133,729

128,523

5,206

4,831

1 339,67

149,458

Mercedes-AMG GmbH, Affalterbach

P2

1 503

308,000

144,857

163,143

163,138

1 697,10

308,000

MG Motor UK Limited

D

264

184,871

184,000

0,871

0,871

1 180,16

184,717

Micro-Vett SpA

4

0,000

133,507

– 133,507

– 133,507

1 448,75

0,000

Mitsubishi Motors Corporation (MMC)

P4

72 594

145,036

138,601

6,435

6,377

1 560,20

165,144

Mitsubishi Motor R & D Europe GmbH

P4

16 530

119,878

114,793

5,085

5,084

1 039,25

127,284

Morgan Motor Co. Ltd

D

415

164,342

180,000

–15,658

–15,658

1 113,67

189,278

Nissan International SA

389 818

132,131

128,875

3,256

3,256

1 347,39

147,197

O.M.C.I. SRL

46

156,862

120,759

36,103

36,103

1 169,78

167,848

Adam Opel AG

935 499

126,920

130,483

–3,563

–3,767

1 382,56

139,529

OSV — Opel Special Vehicles GmbH

67

135,512

140,208

–4,696

–4,696

1 595,36

136,836

Perodua Manufacturing Sdn Bhd

690

136,480

113,634

22,846

22,846

1 013,88

140,230

Pgo Ingenierie

29

185,000

115,657

69,343

69,343

1 058,14

189,828

Dr. Ing. h.c. F. Porsche AG

34 512

220,872

152,089

68,783

68,783

1 855,34

238,859

Potenza Sports Cars

31

178,000

99,975

78,025

78,025

715,00

178,000

Proton Cars United Kingdom Ltd

D

792

143,315

185,000

–41,685

–41,685

1 394,89

153,557

Quattro GmbH

2 596

279,097

154,102

124,995

124,766

1 899,39

299,034

Renault

1 125 141

120,700

127,045

–6,345

–6,378

1 307,33

133,824

Rolls-Royce Motors Cars Ltd

413

315,616

181,297

134,319

133,038

2 494,48

332,063

Saab Automobile AB

19 979

156,561

143,922

12,639

12,639

1 676,64

175,341

Santana Motor SA

382

168,351

135,765

32,586

32,586

1 498,15

204,921

SEAT

288 629

120,162

125,722

–5,560

–5,647

1 278,38

131,162

Secma

26

155,000

97,370

57,630

57,630

658,00

155,000

Shijiazhuang Shuanghuan Automobile Company

44

266,357

152,951

113,406

113,406

1 874,20

267,682

SKODA auto a.s.

420 718

127,869

127,225

0,644

0,571

1 311,28

139,193

Sovab

94

227,066

166,119

60,947

60,947

2 162,34

230,138

Ssangyong Motor Company

D

4 785

203,851

180,000

23,851

23,851

2 023,10

215,728

Suzuki Motor Corporation

85 177

124,055

121,050

3,005

2,981

1 176,15

144,109

Tata Motors Limited

D

3 582

137,754

178,025

–40,271

–40,271

1 293,00

151,987

Tesla Motors Ltd

40

0,000

128,309

– 128,309

– 128,309

1 335,00

0,000

Think

144

0,000

120,248

– 120,248

– 120,248

1 158,61

0,000

Toyota Motor Europe NV/SA

564 633

112,241

128,349

–16,108

–16,273

1 335,87

129,056

Volkswagen AG

1 469 419

125,987

130,715

–4,728

–4,763

1 387,65

140,352

Volvo Car Corporation

204 926

134,492

143,273

–8,781

–8,781

1 662,43

156,948

Westfield Sports Cars

3

178,000

99,975

78,025

78,025

715,00

178,000

Wiesmann GmbH

D

8

253,000

274,000

–21,000

–21,000

1 409,88

257,250

Explanatory notes to Table 1:

Column B

‘D’ means that a derogation relating to a small volume manufacturer has been granted in accordance with Commission Implementing Decision C(2011) 8334 final;

‘ND’ means that a derogation relating to niche manufacturer has been granted in accordance with Commission Implementing Decision C(2011) 8336 final;

‘P’ means that the manufacturer is member of a pool (listed in table 2) formed in accordance with Article 7 of Regulation (EC) No 443/2009.

Column D

‘Average specific emissions (65 %) corrected’ means the average specific emissions of CO2 calculated in accordance with the first indent of the second subparagraph of Article 4 of Regulation (EC) No 443/2009 and section 4 of Commission Communication COM(2010) 657 based on the corrections notified to the Commission by the manufacturer concerned. That figure considers all vehicles with both a valid value for mass and CO2 emissions, including vehicles that cannot be verified by the manufacturers.

Column E

‘Specific emissions target’ means the emission target based on the average mass of all vehicles attributed to a manufacturer (100 % of all vehicles to be taken into account from 2015 onwards) after applying the formula set out in Annex I to Regulation (EC) No 443/2009.

Column F

‘Distance to target’ means the difference between the values in column D and column E.

Column G

‘Distance to target adjusted’ means the distance to target as indicated under Column F adjusted to take into account the error margin. The error is due to the unidentifiable vehicles (vehicles where the identification code for type, variant and version is missing) and it is calculated in accordance with the following formula:

Error = absolute value of [(AC1 – TG1) – (AC2 – TG2)]

| AC1 | = | the average specific emissions of CO2 including the unidentifiable vehicles (as set out in column D); |
| --- | --- | --- |
| TG1 | = | the specific emission target including the unidentifiable vehicles (as set out in column E); |
| AC2 | = | the average emissions of CO2 excluding the unidentifiable vehicles; |
| TG2 | = | the specific emission target excluding the unidentifiable vehicles. |

AC1

=

the average specific emissions of CO2 including the unidentifiable vehicles (as set out in column D);

TG1

=

the specific emission target including the unidentifiable vehicles (as set out in column E);

AC2

=

the average emissions of CO2 excluding the unidentifiable vehicles;

TG2

=

the specific emission target excluding the unidentifiable vehicles.

Table 2

List of pools and values confirmed in accordance with Article 10(1) of Regulation (EC) No 443/2009

| A | B | C | D | E | F | G | H | I |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| Pool Name | Pool | Number of registrations | Average CO2 (65 %) corrected | Specific emissions target | Distance to target | Distance to target adjusted | Average mass | Average CO2 (100 %) |
| FORD-WERKE GMBH | P1 | 1 077 470 | 121,143 | 126,231 | –5,088 | –5,182 | 1 162,42 | 127,80 |
| DAIMLER AG | P2 | 647 570 | 137,834 | 137,340 | 0,494 | –0,016 | 1 167,88 | 140,91 |
| HONDA MOTOR EUROPE LTD | P3 | 174 637 | 128,612 | 128,750 | –0,138 | –0,365 | 1 344,64 | 146,87 |
| MITSUBISHI MOTORS | P4 | 89 124 | 137,055 | 134,185 | 2,870 | 2,840 | 1 463,58 | 158,12 |

A

B

C

D

E

F

G

H

I

Pool Name

Pool

Number of registrations

Average CO2 (65 %) corrected

Specific emissions target

Distance to target

Distance to target adjusted

Average mass

Average CO2 (100 %)

FORD-WERKE GMBH

P1

1 077 470

121,143

126,231

–5,088

–5,182

1 162,42

127,80

DAIMLER AG

P2

647 570

137,834

137,340

0,494

–0,016

1 167,88

140,91

HONDA MOTOR EUROPE LTD

P3

174 637

128,612

128,750

–0,138

–0,365

1 344,64

146,87

MITSUBISHI MOTORS

P4

89 124

137,055

134,185

2,870

2,840

1 463,58

158,12

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/105 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/105

---

COMMISSION IMPLEMENTING DECISION

of 21 December 2011

amending Annexes II and IV to Council Directive 2009/158/EC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs

(notified under document C(2011) 9518)

(Text with EEA relevance)

(2011/879/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 2009/158/EC of 30 November 2009 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), and in particular Article 34 thereof,

Whereas:

| (1) | Directive 2009/158/EC lays down animal health conditions governing intra-Union trade in, and imports from third countries of, poultry and hatching eggs. Annex II thereto sets out the rules for the approval of establishments for the purposes of intra-Union trade in those commodities and surveillance programmes to be carried out for certain diseases in the different poultry species. Annex IV to Directive 2009/158/EC lays down the model veterinary certificates for trade within the Union of the poultry commodities covered by that Directive. |
| --- | --- |

(1)

Directive 2009/158/EC lays down animal health conditions governing intra-Union trade in, and imports from third countries of, poultry and hatching eggs. Annex II thereto sets out the rules for the approval of establishments for the purposes of intra-Union trade in those commodities and surveillance programmes to be carried out for certain diseases in the different poultry species. Annex IV to Directive 2009/158/EC lays down the model veterinary certificates for trade within the Union of the poultry commodities covered by that Directive.

| (2) | Annex II to Directive 2009/158/EC, as amended by Commission Decision 2011/214/EU (2), sets out the diagnostic procedures for Salmonella and Mycoplasma. |
| --- | --- |

(2)

Annex II to Directive 2009/158/EC, as amended by Commission Decision 2011/214/EU (2), sets out the diagnostic procedures for Salmonella and Mycoplasma.

| (3) | Chapter III of Annex II to Directive 2009/158/EC lays down the minimum requirements for disease surveillance programmes. That Chapter provides a description of the testing procedures for Salmonella pullorum and Salmonella gallinarum. It is however necessary to provide for certain additional specific details as regards the testing for Salmonella arizonae. |
| --- | --- |

(3)

Chapter III of Annex II to Directive 2009/158/EC lays down the minimum requirements for disease surveillance programmes. That Chapter provides a description of the testing procedures for Salmonella pullorum and Salmonella gallinarum. It is however necessary to provide for certain additional specific details as regards the testing for Salmonella arizonae.

| (4) | In addition, box I.31. in Part I of the model veterinary certificate for day-old chicks set out in Annex IV to Directive 2009/158/EC includes a requirement to fill in detailed information in relation to the identification of the commodities covered by it. |
| --- | --- |

(4)

In addition, box I.31. in Part I of the model veterinary certificate for day-old chicks set out in Annex IV to Directive 2009/158/EC includes a requirement to fill in detailed information in relation to the identification of the commodities covered by it.

| (5) | That requirement provides valuable information on the health status of the parent flock(s) from which the day-old chicks originate, in particular with respect to testing for certain Salmonella serotypes. However, certain of those data requirements appear to pose unnecessary administrative burdens on business operators, especially in view of the unpredictability of hatch. In addition, certain data required to be filled in that box is filled in in other parts of the certificate. |
| --- | --- |

(5)

That requirement provides valuable information on the health status of the parent flock(s) from which the day-old chicks originate, in particular with respect to testing for certain Salmonella serotypes. However, certain of those data requirements appear to pose unnecessary administrative burdens on business operators, especially in view of the unpredictability of hatch. In addition, certain data required to be filled in that box is filled in in other parts of the certificate.

| (6) | Those entries should therefore be deleted from box 1.31. in the model veterinary certificates for hatching eggs, day-old chicks and breeding and productive poultry and be replaced by the entry ‘Approval number’ which would provide clearer information on the origin of the respective commodities. Part I of the notes in Part II of those model certificates should therefore be amended accordingly. |
| --- | --- |

(6)

Those entries should therefore be deleted from box 1.31. in the model veterinary certificates for hatching eggs, day-old chicks and breeding and productive poultry and be replaced by the entry ‘Approval number’ which would provide clearer information on the origin of the respective commodities. Part I of the notes in Part II of those model certificates should therefore be amended accordingly.

| (7) | Annex IX to Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (3) sets out the specific conditions which apply to imports of ratites for breeding and production, hatching eggs and day-old chicks thereof. |
| --- | --- |

(7)

Annex IX to Commission Regulation (EC) No 798/2008 of 8 August 2008 laying down a list of third countries, territories, zones or compartments from which poultry and poultry products may be imported into and transit through the Community and the veterinary certification requirements (3) sets out the specific conditions which apply to imports of ratites for breeding and production, hatching eggs and day-old chicks thereof.

| (8) | Point 3 of Part II of that Annex, as amended by Commission Implementing Regulation (EU) No 1380/2011 (4), provides that, where day-old chicks are not reared in the Member State which imported the hatching eggs, they are to be transported directly to the final destination and kept there for at least three weeks from the date of hatching. That requirement should be reflected in the relevant model veterinary certificate for day-old chicks laid down in Annex IV to Directive 2009/158/EC. That model certificate should therefore be amended accordingly. |
| --- | --- |

(8)

Point 3 of Part II of that Annex, as amended by Commission Implementing Regulation (EU) No 1380/2011 (4), provides that, where day-old chicks are not reared in the Member State which imported the hatching eggs, they are to be transported directly to the final destination and kept there for at least three weeks from the date of hatching. That requirement should be reflected in the relevant model veterinary certificate for day-old chicks laid down in Annex IV to Directive 2009/158/EC. That model certificate should therefore be amended accordingly.

| (9) | Directive 2009/158/EC should therefore be amended accordingly. |
| --- | --- |

(9)

Directive 2009/158/EC should therefore be amended accordingly.

| (10) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Annexes II and IV to Directive 2009/158/EC are amended in accordance with the Annex to this Decision.

Article 2

This Decision shall apply from 1 February 2012.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 21 December 2011.

For the Commission

John DALLI

Member of the Commission

---

(1)  OJ L 343, 22.12.2009, p. 74.

1

(2)  OJ L 90, 6.4.2011, p. 27.

2

(3)  OJ L 226, 23.8.2008, p. 1.

3

(4)  See page 25 of this Official Journal.

4

---

ANNEX

Annexes II and IV to Directive 2009/158/EC are amended as follows:

| (1) | in Annex II, Chapter III, point A.2 is amended as follows:






  (a) | note (**) is replaced by the following:






  ‘(**) | Note that environmental samples are generally not suitable for reliable detection of Salmonella pullorum and Salmonella gallinarum, but are suitable for Salmonella arizonae.’; |
| --- | --- | --- | --- |

(1)

in Annex II, Chapter III, point A.2 is amended as follows:

(a)

note (**) is replaced by the following:

‘(**)

Note that environmental samples are generally not suitable for reliable detection of Salmonella pullorum and Salmonella gallinarum, but are suitable for Salmonella arizonae.’;

| (b) | note (****) is replaced by the following:






  ‘(****) | Salmonella pullorum and Salmonella gallinarum do not readily grow in the modified semi-solid Rappaport Vassiliadis (MSRV) medium that is used for monitoring of zoonotic Salmonella spp. in the Union, but it is suitable for Salmonella arizonae.’; |
| --- | --- | --- |

(b)

note (****) is replaced by the following:

‘(****)

Salmonella pullorum and Salmonella gallinarum do not readily grow in the modified semi-solid Rappaport Vassiliadis (MSRV) medium that is used for monitoring of zoonotic Salmonella spp. in the Union, but it is suitable for Salmonella arizonae.’;

| (2) | in Annex IV, models 1, 2 and 3 are replaced by the following:
  ‘MODEL 1









  MODEL 2









  MODEL 3 |
| --- | --- |

(2)

in Annex IV, models 1, 2 and 3 are replaced by the following:

‘MODEL 1

Image

Image

Image

MODEL 2

Image

Image

Image

MODEL 3

Image

Image

Image

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/117 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/117

---

COMMISSION IMPLEMENTING DECISION

of 21 December 2011

amending Annex I to Implementing Decision 2011/402/EU on emergency measures applicable to fenugreek seeds and certain seeds and beans imported from Egypt

(notified under document C(2011) 9524)

(Text with EEA relevance)

(2011/880/EU)

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 53(1)(b)(i) and (iii) thereof,

Whereas:

| (1) | Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Union and national level. It provides for emergency measures to be taken by the Commission where it is evident that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned. |
| --- | --- |

(1)

Regulation (EC) No 178/2002 lays down the general principles governing food and feed in general, and food and feed safety in particular, at Union and national level. It provides for emergency measures to be taken by the Commission where it is evident that food or feed imported from a third country is likely to constitute a serious risk to human health, animal health or the environment, and that such risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned.

| (2) | Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) lays down general rules for food business operators on the hygiene of foodstuffs. Those rules include hygiene requirements to ensure that imported foods are of at least the same hygiene standards as food produced in the Union, or are of an equivalent standard. |
| --- | --- |

(2)

Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (2) lays down general rules for food business operators on the hygiene of foodstuffs. Those rules include hygiene requirements to ensure that imported foods are of at least the same hygiene standards as food produced in the Union, or are of an equivalent standard.

| (3) | Certain lots of fenugreek seeds imported from Egypt have been identified as the causative agent of an outbreak in the Union of Shiga-toxin producing Escherichia coli bacteria (STEC), serotype O104:H4. The origin of the outbreak was identified as fenugreek seeds from Egypt consumed as sprouts. |
| --- | --- |

(3)

Certain lots of fenugreek seeds imported from Egypt have been identified as the causative agent of an outbreak in the Union of Shiga-toxin producing Escherichia coli bacteria (STEC), serotype O104:H4. The origin of the outbreak was identified as fenugreek seeds from Egypt consumed as sprouts.

| (4) | Accordingly, Commission Implementing Decision 2011/402/EU (3) introduced a ban on the release for free circulation in the Union of certain seeds and beans imported from Egypt that fall within the CN codes listed in the Annex thereto. That ban expires on 31 March 2012. |
| --- | --- |

(4)

Accordingly, Commission Implementing Decision 2011/402/EU (3) introduced a ban on the release for free circulation in the Union of certain seeds and beans imported from Egypt that fall within the CN codes listed in the Annex thereto. That ban expires on 31 March 2012.

| (5) | However, dried split leguminous vegetables, broken soya beans or broken oil seeds and oleaginous fruits are not used for sprouting purposes. Dried split leguminous vegetables, broken soya beans or broken oil seeds and broken oleaginous fruits imported from Egypt should no longer be considered as a food safety risk and should be reauthorised for import into the Union. |
| --- | --- |

(5)

However, dried split leguminous vegetables, broken soya beans or broken oil seeds and oleaginous fruits are not used for sprouting purposes. Dried split leguminous vegetables, broken soya beans or broken oil seeds and broken oleaginous fruits imported from Egypt should no longer be considered as a food safety risk and should be reauthorised for import into the Union.

| (6) | The emergency measures laid down in Implementing Decision 2011/402/EU should therefore be amended on the basis on this new information. |
| --- | --- |

(6)

The emergency measures laid down in Implementing Decision 2011/402/EU should therefore be amended on the basis on this new information.

| (7) | The Annex to Implementing Decision 2011/402/EU should therefore be amended accordingly. |
| --- | --- |

(7)

The Annex to Implementing Decision 2011/402/EU should therefore be amended accordingly.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Implementing Decision 2011/402/EU is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 21 December 2011.

For the Commission

John DALLI

Member of the Commission

---

(1)  OJ L 31, 1.2.2002, p. 1.

1

(2)  OJ L 139, 30.4.2004, p. 1.

2

(3)  OJ L 179, 7.7.2011, p. 10.

3

---

ANNEX

‘ANNEX

Seeds and beans from Egypt whose release for free circulation in the Union is prohibited until 31 March 2012

| CN Code (1) | Description |
| --- | --- |
| ex 0704 90 90 | Rocket sprouts |
| ex 0706 90 90 | Beetroot sprouts, radish sprouts |
| ex 0708 | Sprouts of leguminous vegetables, fresh or chilled |
| ex 0709 90 90
  ex 0709 99 90 (2) | Soya bean sprouts |
| ex 0713 | Dried leguminous vegetables, shelled, whether or not skinned, not broken |
| 0910 99 10 | Fenugreek seeds |
| ex 1201 00
  ex 1201 (2) | Soya beans not broken |
| 1207 50 | Mustard seeds |
| ex 1207 99 97
  ex 1207 99 96 (2) | Other oil seeds and oleaginous fruits, not broken |
| 1209 10 00 | Sugar beet seeds |
| 1209 21 00 | Lucerne (alfalfa) seeds |
| 1209 91 | Vegetable seeds |
| ex 1214 90 90 | Lucerne (alfalfa) sprouts |

CN Code (1)

Description

ex 0704 90 90

Rocket sprouts

ex 0706 90 90

Beetroot sprouts, radish sprouts

ex 0708

Sprouts of leguminous vegetables, fresh or chilled

ex 0709 90 90

ex 0709 99 90 (2)

Soya bean sprouts

ex 0713

Dried leguminous vegetables, shelled, whether or not skinned, not broken

0910 99 10

Fenugreek seeds

ex 1201 00

ex 1201 (2)

Soya beans not broken

1207 50

Mustard seeds

ex 1207 99 97

ex 1207 99 96 (2)

Other oil seeds and oleaginous fruits, not broken

1209 10 00

Sugar beet seeds

1209 21 00

Lucerne (alfalfa) seeds

1209 91

Vegetable seeds

ex 1214 90 90

Lucerne (alfalfa) sprouts

---

(1)  The “CN codes” mentioned in this Decision refer to codes specified in Part Two of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  CN code as at 1.1.2012.’

2

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/119 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/119

---

COMMISSION IMPLEMENTING DECISION

of 21 December 2011

concerning the adoption of a financing decision to support voluntary surveillance studies on honeybee colony losses

(notified under document C(2011) 9597)

(2011/881/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (1), and in particular Articles 22 to 24 thereof,

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 75(2) thereof,

Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter referred to as the ‘Implementing Rules’), and in particular Article 90 thereof,

Whereas:

| (1) | Decision 2009/470/EC lays down the procedures governing the Community’s financial contribution on expenditure in the veterinary field. |
| --- | --- |

(1)

Decision 2009/470/EC lays down the procedures governing the Community’s financial contribution on expenditure in the veterinary field.

| (2) | In particular, Article 22 of Decision 2009/470/EC provides that the Community may undertake or assist the Member States in undertaking the technical and scientific measures necessary for the development of Community veterinary legislation. |
| --- | --- |

(2)

In particular, Article 22 of Decision 2009/470/EC provides that the Community may undertake or assist the Member States in undertaking the technical and scientific measures necessary for the development of Community veterinary legislation.

| (3) | The Communication from the Commission to the European Parliament and the Council on honeybee health (4) gives an overview of the Commission’s actions already undertaken and ongoing as regards honeybee health in the EU. The main issue addressed by the communication is the mortality of bees. Such mortalities have been reported in several countries in the world and also in the EU. |
| --- | --- |

(3)

The Communication from the Commission to the European Parliament and the Council on honeybee health (4) gives an overview of the Commission’s actions already undertaken and ongoing as regards honeybee health in the EU. The main issue addressed by the communication is the mortality of bees. Such mortalities have been reported in several countries in the world and also in the EU.

| (4) | In 2009 the EFSA project ‘Bee mortality and bee surveillance in Europe’ concluded that the surveillance systems in the EU are, in general, weak and that there is a lack of data at Member States level and a lack of comparable data at EU level. |
| --- | --- |

(4)

In 2009 the EFSA project ‘Bee mortality and bee surveillance in Europe’ concluded that the surveillance systems in the EU are, in general, weak and that there is a lack of data at Member States level and a lack of comparable data at EU level.

| (5) | The main actions Commission proposed were the appointment of an EU reference laboratory (EURL) for bee health and the launch of surveillance studies on honeybee colony losses supported for the technical aspects by the EURL, and co-financed by the Commission. |
| --- | --- |

(5)

The main actions Commission proposed were the appointment of an EU reference laboratory (EURL) for bee health and the launch of surveillance studies on honeybee colony losses supported for the technical aspects by the EURL, and co-financed by the Commission.

| (6) | The first step has been already completed as the EURL for bee health has been appointed with Commission Regulation (EU) No 87/2011 (5) and it is operational since 1 April 2011 (ANSES — Sophia Antipolis — FR). |
| --- | --- |

(6)

The first step has been already completed as the EURL for bee health has been appointed with Commission Regulation (EU) No 87/2011 (5) and it is operational since 1 April 2011 (ANSES — Sophia Antipolis — FR).

| (7) | As requested by the Commission, the EURL for bee health has produced a technical document ‘Basis for a pilot surveillance project on honey bee colony losses’ (available at http://ec.europa.eu/food/animal/liveanimals/bees/bee_health_en.htm) providing guidance to Member States to elaborate their surveillance studies. |
| --- | --- |

(7)

As requested by the Commission, the EURL for bee health has produced a technical document ‘Basis for a pilot surveillance project on honey bee colony losses’ (available at http://ec.europa.eu/food/animal/liveanimals/bees/bee_health_en.htm) providing guidance to Member States to elaborate their surveillance studies.

| (8) | In order to improve the availability of data on bee health it is appropriate to assist and support certain surveillance studies in Member States on honeybee losses. |
| --- | --- |

(8)

In order to improve the availability of data on bee health it is appropriate to assist and support certain surveillance studies in Member States on honeybee losses.

| (9) | Member States were invited to send to the Commission their surveillance studies based on the technical document of the EURL for bee health by 30 September 2011. |
| --- | --- |

(9)

Member States were invited to send to the Commission their surveillance studies based on the technical document of the EURL for bee health by 30 September 2011.

| (10) | 20 Member States have sent their proposals for the surveillance studies. These proposals are being technically and financially evaluated in order to assess their conformity with the technical document ‘Basis for a pilot surveillance project on honey bee colony losses’. After the evaluation and selection process the rate of co-financing that will not exceed 70 % and the amount of the individual contribution to each Member State will be fixed by means of a subsequent Commission Decision. |
| --- | --- |

(10)

20 Member States have sent their proposals for the surveillance studies. These proposals are being technically and financially evaluated in order to assess their conformity with the technical document ‘Basis for a pilot surveillance project on honey bee colony losses’. After the evaluation and selection process the rate of co-financing that will not exceed 70 % and the amount of the individual contribution to each Member State will be fixed by means of a subsequent Commission Decision.

| (11) | The surveillance studies need to include controls on apiaries in the period preceding the winter followed by a visit after the winter. Another visit is planned during the summer. Therefore, depending on the design of the Member States programmes, the first visit is expected to be carried out before winter of 2012 while the second is expected to be carried out the following year. For this reason, it is opportune to consider the period of application of this Decision starting from 1 January 2012 until 30 June 2013. |
| --- | --- |

(11)

The surveillance studies need to include controls on apiaries in the period preceding the winter followed by a visit after the winter. Another visit is planned during the summer. Therefore, depending on the design of the Member States programmes, the first visit is expected to be carried out before winter of 2012 while the second is expected to be carried out the following year. For this reason, it is opportune to consider the period of application of this Decision starting from 1 January 2012 until 30 June 2013.

| (12) | It is appropriate to establish financing by the Union for the studies by allocating EUR 3 750 000. |
| --- | --- |

(12)

It is appropriate to establish financing by the Union for the studies by allocating EUR 3 750 000.

| (13) | This Decision constitutes a financing decision within the meaning of Article 75(2) of Regulation (EC, Euratom) No 1605/2002 and Article 90 of Regulation (EC, Euratom) No 2342/2002. |
| --- | --- |

(13)

This Decision constitutes a financing decision within the meaning of Article 75(2) of Regulation (EC, Euratom) No 1605/2002 and Article 90 of Regulation (EC, Euratom) No 2342/2002.

| (14) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(14)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

1.   The contribution of the European Union for the implementation of the surveillance studies on honeybee colony losses action is set at EUR 3 750 000. The contribution applies to the period from 1 January 2012 to 30 June 2013.

2.   The contribution referred to in paragraph 1 for a maximum of 70 % is limited to costs relating to:

| (i) | carry out laboratory tests; and |
| --- | --- |

(i)

carry out laboratory tests; and

| (ii) | staff specifically allocated for:






  — | carrying out sampling, and |
| --- | --- | --- |

(ii)

staff specifically allocated for:

—

carrying out sampling, and

| — | monitoring the health status of apiaries and bee colonies. |
| --- | --- |

—

monitoring the health status of apiaries and bee colonies.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 21 December 2011.

For the Commission

John DALLI

Member of the Commission

---

(1)  OJ L 155, 18.6.2009, p. 30.

1

(2)  OJ L 248, 16.9.2002, p. 1.

2

(3)  OJ L 357, 31.12.2002, p. 1.

3

(4)  COM(2010) 714 final.

4

(5)  OJ L 29, 3.2.2011, p. 1.

5

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/121 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/121

---

COMMISSION IMPLEMENTING DECISION

of 21 December 2011

authorising the placing on the market of a novel chewing gum base as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council

(notified under document C(2011) 9680)

(Only the English text is authentic)

(2011/882/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (1), and in particular Article 7 thereof,

Whereas:

| (1) | On 10 October 2007 the company Revolymer Ltd made a request to the competent authorities of the Netherlands to place a novel chewing gum base on the market as a novel food ingredient. |
| --- | --- |

(1)

On 10 October 2007 the company Revolymer Ltd made a request to the competent authorities of the Netherlands to place a novel chewing gum base on the market as a novel food ingredient.

| (2) | On 23 April 2009 the competent food assessment body of the Netherlands issued its initial assessment report. In that report it came to the conclusion that the novel chewing gum base can safely be used as a food ingredient. |
| --- | --- |

(2)

On 23 April 2009 the competent food assessment body of the Netherlands issued its initial assessment report. In that report it came to the conclusion that the novel chewing gum base can safely be used as a food ingredient.

| (3) | The Commission forwarded the initial assessment report to all Member States on 30 April 2009. |
| --- | --- |

(3)

The Commission forwarded the initial assessment report to all Member States on 30 April 2009.

| (4) | Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections to the marketing of the product were raised in accordance with that provision. |
| --- | --- |

(4)

Within the 60-day period laid down in Article 6(4) of Regulation (EC) No 258/97 reasoned objections to the marketing of the product were raised in accordance with that provision.

| (5) | Therefore the European Food Safety Authority (EFSA) was consulted on 2 July 2010. |
| --- | --- |

(5)

Therefore the European Food Safety Authority (EFSA) was consulted on 2 July 2010.

| (6) | On 25 March 2011, EFSA in the ‘Scientific Opinion on the safety of a “novel chewing gum base (REV-7)” as a novel food ingredient’ (2) came to the conclusion that the novel chewing gum base was safe at the proposed conditions of use and the proposed levels of intake. |
| --- | --- |

(6)

On 25 March 2011, EFSA in the ‘Scientific Opinion on the safety of a “novel chewing gum base (REV-7)” as a novel food ingredient’ (2) came to the conclusion that the novel chewing gum base was safe at the proposed conditions of use and the proposed levels of intake.

| (7) | The novel chewing gum base complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97. |
| --- | --- |

(7)

The novel chewing gum base complies with the criteria laid down in Article 3(1) of Regulation (EC) No 258/97.

| (8) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(8)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The novel chewing gum base as specified in the Annex may be placed on the market in the Union as a novel food ingredient for the use in chewing gums up to a maximum of 8 %.

Article 2

The designation of the novel chewing gum base authorised by this Decision on the labelling of the foodstuff containing it shall be ‘gum base (1,3-butadiene, 2-methyl-homopolymer, maleated, esters with polyethylene glycol mono-Me ether)’.

Article 3

This Decision is addressed to Revolymer Ltd, 1 Newtech Square, Deeside Industrial Park, Deeside, Flintshire CH5 2NT, United Kingdom.

Done at Brussels, 21 December 2011.

For the Commission

John DALLI

Member of the Commission

---

(1)  OJ L 43, 14.2.1997, p. 1.

1

(2)  EFSA Journal 2011; 9(4):2127.

2

EFSA Journal

---

ANNEX

Specifications of the novel chewing gum base

Description

The novel food ingredient is a synthetic polymer (patent number WO2006016179). It has a white to off-white colour.

It consists of branched polymers of monomethoxypolyethylene glycol (MPEG) grafted onto polyisoprene-graft-maleic anhydride (PIP-g-MA), and unreacted MPEG (less than 35 % by weight).

Molecular structure of MPEG grafted PIP-g-MA

Image

Image

| Characteristics of mono methoxy polyethylene glycol |
| --- |
| Moisture | less than 5 % |
| Ash | less than 5 mg/kg |
| Residual anhydride | less than 15 μmol/g |
| Polydispersity index | less than 1,4 |
| Isoprene | less than 0,05 mg/kg |
| Ethylene oxide | less than 0,2 mg/kg |
| Free maleic anhydride | less than 0,1 % |
| Total oligomeres (less than 1 000 Dalton) | not more than 50 mg/kg |

Characteristics of mono methoxy polyethylene glycol

Moisture

less than 5 %

Ash

less than 5 mg/kg

Residual anhydride

less than 15 μmol/g

Polydispersity index

less than 1,4

Isoprene

less than 0,05 mg/kg

Ethylene oxide

less than 0,2 mg/kg

Free maleic anhydride

less than 0,1 %

Total oligomeres (less than 1 000 Dalton)

not more than 50 mg/kg

| Impurities from raw materials |
| --- |
| Ethylene glycol | less than 200 mg/kg |
| Diethylene glycol | less than 30 mg/kg |
| Monoethylene glycol methyl ether | less than 3 mg/kg |
| Diethylene glycol methyl ether | less than 4 mg/kg |
| Triethylene glycol methyl ether | less than 7 mg/kg |
| 1,4-Dioxane | less than 2 mg/kg |
| Formaldehyde | less than 10 mg/kg |

Impurities from raw materials

Ethylene glycol

less than 200 mg/kg

Diethylene glycol

less than 30 mg/kg

Monoethylene glycol methyl ether

less than 3 mg/kg

Diethylene glycol methyl ether

less than 4 mg/kg

Triethylene glycol methyl ether

less than 7 mg/kg

1,4-Dioxane

less than 2 mg/kg

Formaldehyde

less than 10 mg/kg

---

| 23.12.2011 | EN | Official Journal of the European Union | L 343/123 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/123

---

COMMISSION IMPLEMENTING DECISION

of 21 December 2011

establishing the list of Union inspectors pursuant to Article 79(1) of Council Regulation (EC) No 1224/2009

(notified under document C(2011) 9701)

(2011/883/EU)

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 79(1) thereof,

Whereas:

| (1) | Regulation (EC) No 1224/2009 establishes a Community system for control, inspection and enforcement to ensure compliance with the rules of the common fisheries policy. Regulation (EC) No 1224/2009 provides that, without prejudice to the primary responsibility of the coastal Member States, Union inspectors may carry out inspections in accordance with that Regulation in Union waters and on Union fishing vessels outside Union waters. The list of Union inspectors is to be established in accordance with the procedure laid down in Regulation (EC) No 1224/2009. |
| --- | --- |

(1)

Regulation (EC) No 1224/2009 establishes a Community system for control, inspection and enforcement to ensure compliance with the rules of the common fisheries policy. Regulation (EC) No 1224/2009 provides that, without prejudice to the primary responsibility of the coastal Member States, Union inspectors may carry out inspections in accordance with that Regulation in Union waters and on Union fishing vessels outside Union waters. The list of Union inspectors is to be established in accordance with the procedure laid down in Regulation (EC) No 1224/2009.

| (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 (2) lays down detailed rules for the application of the control system of the European Union as established by Regulation (EC) No 1224/2009. |
| --- | --- |

(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 (2) lays down detailed rules for the application of the control system of the European Union as established by Regulation (EC) No 1224/2009.

| (3) | Implementing Regulation (EU) No 404/2011 provides that the list of Union inspectors is to be adopted on the basis of the notifications of Member States and the European Fisheries Control Agency. |
| --- | --- |

(3)

Implementing Regulation (EU) No 404/2011 provides that the list of Union inspectors is to be adopted on the basis of the notifications of Member States and the European Fisheries Control Agency.

| (4) | On the basis of the notifications received from the Member States, it is therefore appropriate to lay down the list of Union inspectors in the Annex to this Decision. |
| --- | --- |

(4)

On the basis of the notifications received from the Member States, it is therefore appropriate to lay down the list of Union inspectors in the Annex to this Decision.

| (5) | The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(5)

The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS DECISION:

Article 1

The list of Union inspectors pursuant to Article 79(1) of Regulation (EC) No 1224/2009 is set out in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States in accordance with the Treaties.

Done at Brussels, 21 December 2011.

For the Commission

Maria DAMANAKI

Member of the Commission

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

(2)  OJ L 112, 30.4.2011, p. 1.

2

---

ANNEX

LIST OF UNION INSPECTORS PURSUANT TO ARTICLE 79(1) OF REGULATION (EC) No 1224/2009

| Country | Inspectors |
| --- | --- |
| Belgium | De Vleeschouwer, Guy
  Devogel, Geert
  Lieben, Richard |
| Bulgaria | Kamenov, Vladimir Angelov
  Kerekov, Nikolay Ivanov |
| Czech Republic | n/a |
| Denmark | Aasted, Lars Jerne
  Akselsen, Ole
  Andersen, Dan Søgård
  Andersen, Hanne Skjæmt
  Andersen, Jesper Sandager
  Andersen, Jim Allan
  Andersen, Lars Ole
  Andersen, Mogens Godsk
  Andersen, Niels Jørgen Anton
  Andersen, Peter Bunk
  Anderson, Jacob Edward
  Backe, René
  Barrit, Jørgen
  Beck, Bjarne Baagø
  Bendtsen, Lars Kjærsgaard
  Bernholm, Kristian
  Burgwaldt Andersen, Martin
  Baadsgård, Jørgen Peder
  Carl, Morten Hansen
  Christensen, Frantz Viggo
  Christensen, Jesper Just
  Christensen, Peter Grim
  Christensen, Thomas
  Christiansen, Michael Koustrup
  Damsgaard, Kresten
  Degn, Jesper Leon
  Due-Boje, Thomas Zinck
  Dølling, Robert
  Ebert, Thomas Axel Regaard
  Eiersted, Jesper Bach
  Eilers, Bjarne
  Einef, Frank Godt
  Fick, Carsten
  Frandsen, Rene Brian
  Frederiksen, Torben Broe
  Gotved, Jesper Hovby
  Gaarde, Børge
  Handrup, Jacob
  Hansen, Bruno Ellekær
  Hansen, Gunnar Beck
  Hansen, Henning Skødt
  Hansen, Ina Kjærgaard
  Hansen, Jan Duval
  Hansen, Martin
  Hansen, Martin Baldur
  Hansen, Ole
  Hansen, Thomas
  Heldager, Peter
  Hestbek, Flemming
  Høgild, Lars
  Høi, Jesper
  Højrup, Torben
  Jaeger, Michael Wassermann
  Jensen, Anker Mark
  Jensen, Hanne Juul
  Jensen, Jimmy Langelund
  Jensen, Jonas Krøyer
  Jensen, Jørn Uth
  Jensen, Lars Henrik
  Jensen, Lone A.
  Jensen, René Sandholt
  Johansen, Allan
  Juul, Torben
  Juul-Schirmer, Kasper
  Jørgensen, Kristian Sandal
  Jørgensen, Lasse Elmgren
  Jørgensen, Ole Holmberg
  Karlsen, Jesper Herning
  Knudsen, Malene
  Knudsen, Niels Christian
  Knudsen, Ole Hvid
  Kofoed, Kim Windahl
  Kokholm, Peder
  Kristensen, Henrik
  Kristensen, Jeanne Marie
  Kristensen, Peter Holmgaard
  Larsen, Michael Søeballe
  Larsen, Peter Hjort
  Larsen, Tim Bonde
  Lundbæk, Tommy Oldenborg
  Madsen, Jens-Erik
  Madsen, Johnny Gravesen
  Mogensen, Erik Wegner
  Mortensen, Erik
  Mortensen, Jan Lindholdt
  Møller, Gert
  Nielsen, Christian
  Nielsen, Dan Randum
  Nielsen, Gunner Raunsbæk
  Nielsen, Hans Henrik
  Nielsen, Henrik Früsthück
  Nielsen, Henrik Kruse
  Nielsen, Jeppe
  Nielsen, Kim Tage
  Nielsen, Niels Kristian
  Nielsen, Ole Brandt
  Nielsen, Steen
  Nielsen, Søren
  Nielsen, Søren Egelund
  Nielsen, Trine Fris
  Nørgaard, Max Reno Bang
  Østergård, Lars
  Paulsen, Kim Thor
  Pedersen, Claus
  Petersen, Henning Juul
  Petersen, Jimmy Torben
  Porsmose, Tommy
  Poulsen, Bue
  Poulsen, John
  Risager, Preben
  Rømer, Jan
  Schjoldager, Tim Rasmussen
  Schou, Kasper
  Schultz, Flemming
  Siegumfeldt, Jeanette
  Simonsen, Kjeld
  Simonsen, Morten
  Skrivergaard, Lennart
  Skaaning, Per
  Sørensen, Allan Lindgaard
  Thomsen, Bjarne Kondrup
  Thomsen, Bjarne Ringive Solgaard
  Thorsen, Michael
  Trab, Jens Ole
  Vistrup, Annette Klarlund
  Wille, Claus
  Wind, Bernt Paul |
| Germany | Abs, Volker
  Appelmans, Jürgen
  Baumann, Jörg
  Bembenek, Jörg
  Bergmann, Udo
  Bernhagen, Sven
  Bieder, Mathias
  Bigalski, Hans-Georg
  Birkholz, Siegfried
  Bloch, Ralf
  Bösherz, Andreas
  Borchardt, Erwin
  Brunnlieb, Jürgen
  Buchholz, Matthias
  Büttner, Harald
  Cassens, Enno
  Christiansen, Dirk
  Claßen, Michael
  Cordes, Reiner
  Döhnert, Tilman
  Dörbandt, Stefan
  Drenkhahn, Michael
  Dürbrock, Dierk
  Ehlers, Klaus
  Engelbrecht, Sascha
  Erdmann, Christian
  Fink, Jens
  Franke, Hermann
  Franz, Martin
  Frenz, Sandro
  Garbe, Robert
  Gräfe, Roland
  Griemberg, Lars
  Hänse, Dirk
  Hansen, Hagen
  Heidkamp, Max
  Heisler, Lars
  Herda, Heinrich
  Hickmann, Michael
  Homeister, Alfred
  Hoyer, Oliver
  Keidel, Quirin
  Kersten, Mickel
  Kind, Karl-Heinz
  Klimeck, Uwe
  Kopec, Reinhard
  Köhn, Thorsten
  Kollath, Mark
  Krüger, Martin
  Krüger, Torsten
  Kupfer, Christian
  Kutschke, Holger
  Lehmann, Jan
  Linke, Hans-Herbert
  Lübke, Torsten
  Lührs, Carsten
  Möhring, Torsten
  Mücher, Martin
  Mundt, Mario
  Nöckel, Stefan
  Pauls, Werner
  Perkuhn, Martin
  Peter, Sven
  Raabe, Karsten
  Ramm, Jörg
  Reimers, Andre
  Remitz, Lutz
  Rutz, Dietmar
  Sauerwein, Dirk
  Schmidt, Harald
  Schmiedeberg, Christian
  Schröder, Lasse
  Schuchardt, Karsten
  Schüler, Claas
  Skrey, Erich
  Slabik, Peter
  Springer, Gunnar
  Stüber, Jan
  Sturm, Jochen
  Sween, Gorm
  Teetzmann, Julian
  Thieme, Stefan
  Thomas, Raik
  Tiedemann, Harald
  Vetterick, Arno
  Welz, Henning
  Welz, Oliver
  Wessels, Heinz
  Wichert, Peter
  Wolken, Hans |
| Estonia | Grossmann, Meit
  Lasn, Margus
  Nigu, Silver
  Ninemaa, Endel
  Pai, Aare
  Ulla, Indrek
  Varblane, Viljar |
| Ireland | Aherne, Robert
  Allen, Damien
  Allen, Patrick
  Amrien, Rudi
  Andersson, Kareen
  Andrews, Kevin
  Ansbro, Mark
  Armstrong, Stuart
  Barber, Kevin
  Barrett, Elizabeth
  Barrett, Brendan
  Barrett, John
  Beale, Derek
  Bones, Anthony
  Brandon, James
  Brannigan, Stephen
  Breen, Kieran
  Broderick, Michael
  Brophy, James
  Brophy, Paul
  Browne, Joseph
  Browne, Patrick
  Brunicardi, Michael
  Buckley, Anthony
  Buckley, David
  Bugler, Andrew
  Butler, David
  Byrne, Kenneth
  Cagney, Daniel
  Cahalane, Donnchadh
  Campbell, Aoife
  Carr, Kieran
  Casey Anthony
  Casey, Alex
  Chute, Killian
  Claffey, Seamus
  Clarke, Tadhg
  Cleary, James
  Cloke, Niall
  Coffey, Kevin
  Cogan, Gerard
  Coleman, Thomas
  Collins, Damien
  Connery, Paul
  Cooper, Trevor
  Corish, Cormac
  Corrigan, Kieran
  Cosgrave, Thomas
  Cotter, Jamie
  Cotter, Colm
  Coughlan, Susan
  Graven, Cormac
  Crowley, Brian
  Cummins, William
  Cunningham, Diarmuid
  Curran, Donal
  Curtin, Brendan
  Daly, Brendan
  Daly, Joseph
  D’Arcy, Enna
  Devaney, Michael
  Dicker, Philip
  Doherty, Anita
  Doherty, Patrick
  Donaldson, Stuart
  Downing, Erika
  Downing, Grace
  Downing, John
  Doyle, Cronan
  Duane, Paul
  Ducker, Nigel
  Dullea, Michael
  Falvey, John
  Fanning, Grace
  Farrell, Brian
  Fealy, Gerard
  Fenton, Gary
  Ferguson, Kevin
  Finegan, Ultan
  Fitzgerald, Brian,
  Fitzgerald, Richard
  Fitzpatrick, Gerard
  Flannery, Kevin
  Fleming, David
  Flynn, Alan
  Foley, Brendan
  Foley, Kevin
  Foran, Bryan
  Forde, Cathal
  Fowler, Patrick
  Fox, Colm
  Freeman, Harry
  Fulton, Grant
  Gallagher, Damien
  Gallagher, Neil
  Gallagher, Paddy
  Galvin, Rory
  Galvin, Sarah
  Gannon, James
  Geaney, Gerard
  Geraghty, Anthony
  Gleeson, Marie
  Gormanly, Breda
  Goulding, Josephine
  Goulding, Donal
  Greenwood, Mark
  Grogan, Suzanne
  Haigney, Vincent
  Hamilton, Gillian
  Hamilton, Gregory
  Hamilton, Ken
  Hamilton, Stewart
  Hannon, Gary
  Harding, James
  Harkin, Patrick
  Harkins, Ciaran
  Harman, Mark
  Healy, Derek
  Healy, John
  Hederman, John
  Heffernan, Bernard
  Hegarty, Denis,
  Hegarty, Paul
  Henson, Marie
  Hewson, Kevin
  Hickey, Adrian
  Hickey, Michael
  Horgan, Brian
  Humphries, Daniel
  Irwin, Richard
  Ivory, Sean
  Joyce, Michael
  Kavanagh, Ian
  Keane, Brian
  Kearney, Brendan
  Keeley, David
  Keirse, Gavin
  Kelly, Niall
  Kenneally, Jonathan
  Kennedy, Liam,
  Kennedy, Thomas
  Keogh, Mark
  Kickham, Jon-Laurence
  Kinsella, Gordon
  Kirwan, Conor
  Laide, Cathal
  Landy, Glenn
  Lane, Brian
  Lane, Mary
  Leahy, Brian
  Lenihan, Mark
  Linehan, Sean
  Lynch, Darren
  Lynch, Gerard
  Lynch, Grainne
  Lynch, Robert
  Mac Donald, Victor
  MacUnfraidh, Caoimhin
  MacGabhann, Declan
  Mackey, John
  Mallon, Keith
  Malone, Robert
  Maloney, Nessa
  Maunsell, Blaithin
  Mc Carthy, Gavin
  Mc Carthy, Mark
  Mc Carthy, Michael
  Mc Connell, Clodagh
  Mc Gee, Noel
  Mc Glinchey, Martin
  Mc Grath, Owen
  Mc Grath, Richard
  Mc Groarty, John
  Mc Groarty, Mark
  Mc Guckin, Martin
  Mc Keown, Amelia
  Mc Laughlin, Ronan
  Mc Loughlin, Gerard
  Mc Loughlin, John-Jack
  Mc Namara, Paul
  Mc Parland, Cian
  Mc Philbin, Dwayne
  McGroary, Peter
  McIntyre, Lesley
  McNamara, Ken
  McWilliams, Stuart
  Memery, David
  Meredith, Helen
  Molloy, Darren
  Molloy, John Paul
  Moloney, Kara
  Moloney, Luke
  Moore, Conor
  Morrison, Kevin
  Mulcahy, Shane
  Mulcahy, John
  Mullane, Paul
  Mullery, Alan
  Mundy, Brendan
  Murphy, Barry
  Murphy, Brian
  Murphy, Claire
  Murphy, Enda
  Murphy, Honor
  Murphy, John
  Murran, Sean
  Murray, Paul
  Nalty, Christopher
  Nash, John
  Ni Cionnach Pic, Dubheasa
  Nolan, Brian
  O Brien, Claire,
  O Brien, David
  O Brien, Jason
  O Brien, Kenneth
  O Callaghan, Maria
  O Ceallaigh, Kevin
  O Connor, Diarmud
  O Donoghue, John
  O Donoghue, Niamh
  O Donovan, Diarmud
  O Donovan, Michael
  O Donavan, Thomas
  O Dowd, Brendan
  O Driscoll, Olan
  O Flynn, Aisling
  O Leary, David
  O Mahony, David
  O Mahony, Karl
  O Mahony, Robert
  O Neachtain, Aonghus
  O Regan, Alan
  O Regan, Anthony
  O Reilly, Brendan
  O Seaghdha, Ciaran
  O Shea, John
  O Sullivan, Charles
  O Sullivan, Patricia
  O’Brien, Amanda
  O’Donovan, Bernard
  O’Keeffe, Olan
  O’Neill, Shane
  O’Regan, Cliona
  O’Sullivan, Aileen
  Patterson, Adrienne
  Pentony, Declan
  Peyronnet, Arnaud
  Phipps, Kevin
  Pierce, Paul
  Piper, David
  Plante, Maurice
  Plunkett, Thomas
  Power-Moylotte, Gillian
  Prendergast, Kevin
  Pyke, Gavin
  Pyne, Alan
  Quigg, James
  Quigley, Declan
  Quinn, James
  Quinn, Michael
  Reddin, Anthony
  Reidy, Patrick
  Ridge, Patrick
  Roche, John
  Rogers, Kevin
  Ryan, Fergal
  Scalici, Fabio
  Scanlon, Caroline
  Shalloo, Jim
  Shanahan, Jacqueline
  Sheahan, Paudie
  Sheridan, Glenn
  Shiels, Brian
  Sills, Barry
  Smith, Brian
  Smyth, Eoin
  Snowdon, Edward
  Stack, Stephen
  Sweetnam, Vincent
  Tarrant, Martin
  Tighe, Declan
  Timon, Eric
  Tortise, Charles
  Turley, Mark
  Twomey, Peter
  Twomey, Thomas
  Valls Senties, Virginia
  Wall, Daniel
  Wall, Vanessa
  Wallace, Jason
  Wallace, Eugene
  Walsh, Conleth
  Walsh, Laurence
  Walsh, Richard
  Watson, Philip
  Weldon, James
  Whelan, Mark
  Whelehan, Jason
  White, John
  Wickham, Laurence
  Wilmot, Emmet
  Wise, James |
| Greece | Αγγελόπουλος, Χαράλαμπος
  Αγιανιάν, Σπυρίδων
  Αδαμοπούλου, Γεωργία
  Ακουμιανάκης, Βασίλειος
  Ακριβός, Δημήτριος
  Αλεξανδρόπουλος, Ευστάθιος
  Αργυρακοπούλου, Αικατερίνη
  Βαρδαξής, Βασίλειος
  Βαρελόπουλος, Ευάγγελος
  Βελισσαρόπουλος, Αλέξανδρος
  Βεργίνης, Αναστάσιος
  Βιλάλη, Μαρία
  Βιδάλης, Οδυσσέας
  Βορτελίνας, Γεώργιος
  Βουρλέτσης, Σωτήριος
  Γεωργατζής, Ιωάννης
  Γιαννούσης, Βασίλειος
  Γκλεζάκος, Ανδρέας
  Γκορίτσας, Γεώργιος
  Γογοδώνης, Δημήτριος
  Γρηγορίου, Αικατερίνη
  Δελημήτης, Βασίλειος
  Δημόπουλος, Απόστολος
  Δοκιανάκης, Κωνσταντίνος
  Δόντσος, Ευστράτιος
  Δούτσης, Δημήτριος
  Δροσάκης, Σπυρίδων
  Ελευθερίου, Κωνσταντίνος
  Ευαγγελάτος, Νικόλαος
  Ζακυνθινός, Κωνσταντίνος
  Ζαμπετάκης, Νικόλαος
  Ζαφειράκης, Διονύσιος
  Ζησιμόπουλος, Νεκτάριος
  Ζουρμπαδέλος, Σταμούλης
  Ηλιάδης, Νικόλαος
  Καλαμάρης, Χαρίδημος
  Καλλίνικος, Κωνσταντίνος
  Καλογεράκης, Γεώργιος
  Καλογήρου, Νικόλαος
  Κατημερτζόγλου, Στέλιος
  Κατσακούλης, Παράσχος
  Κατσάμπας, Νικόλαος
  Καψάσκης, Παρασκευάς
  Κοκκάλας, Νικόλαος
  Κοκολογιαννάκης, Ευάγγελος
  Κοντοβάς, Γρηγόριος
  Κοντογιάννης, Κωνσταντίνος
  Κοντογιάννης, Νέστωρας
  Κουζίλου, Σταυρούλα
  Κουκάρας, Ευάγγελος
  Κουκλατζής, Δημήτριος
  Κουλαξίδης, Δρακούλης
  Κουμπανάκη, Θεοδώρα
  Κουρούλης, Στυλιανός
  Κραουνάκης, Γεώργιος
  Κωνστάντος, Γεώργιος
  Κωστάκης, Μιχαήλ
  Κωστόπουλος, Νικόλαος
  Μαίλης, Στέφανος
  Μαλαφούρης, Σπυρίδων
  Μανούσος, Αντώνιος
  Μανωλουδάκης, Ιωάννης
  Μαραγκού, Άννα
  Μαργώνης, Γεώργιος
  Μαχαιρίδης, Νικόλαος
  Μόριτς, Ελευθέριος
  Μόσχος, Δημήτριος
  Μπάρλας, Αθανάσιος
  Μπεθάνης, Γεώργιος
  Μπερζιργιάννης, Αντώνιος
  Μπίχας, Βασίλειος
  Μπραουδάκης, Γεώργιος
  Ντόκος, Ευάγγελος
  Ξακοπούλου, Χρυσάνθη
  Ξυπνητού, Βασιλική
  Ουζουνόγλου, Ραλλού
  Παπαδοπούλου, Μαρία-Ευαγγελία
  Παπακωνσταντίνου, Νικόλαος
  Παπαλεονάρδος, Δημοσθένης
  Πασχαλάκης, Χρήστος
  Πατεράκης, Γεώργιος
  Πάτσης, Χρήστος
  Πέπος, Γεώργιος
  Πλατής, Κωνσταντίνος
  Ρήγα, Κυριακή
  Ρηγούλης, Ζαχαρίας
  Ριακοτάκης, Δημήτριος
  Ριζοπούλου, Αγγελική
  Ρούσσου, Ελευθερία
  Σαραντάκος, Ιωάννης
  Σιγανός, Εμμανουήλ
  Σλανκίδης, Βασίλειος
  Σταματελάτος, Σπυρίδων
  Σταυρουλάκης, Γεώργιος
  Στρατηγάκης, Διονύσιος-Γεώργιος
  Στρατιδάκη, Χρυσή
  Συρίγος, Σπυρίδων
  Σφακιανάκης, Εμμανουήλ
  Τελεμές, Χριστόδουλος
  Τετράδη, Γεωργία
  Τοπάλογλου, Κωνσταντίνος
  Τζεσούρης, Γεώργιος
  Τζιόλας, Ιωάννης
  Τρίχας, Χρήστος
  Τσαπατσάρης, Νικόλαος
  Τσαχπάζης, Δημήτριος
  Τσέλης, Ανδρέας
  Τσιμηρίκα, Αγγελική
  Τσούμας, Σπυρίδων
  Φόρας, Γεώργιος
  Φραζής, Εμμανουήλ
  Χαμαλίδης, Βασίλειος
  Χαριτάκης, Ανδρέας
  Χασανίδης, Γεώργιος
  Χατζηπασχάλης, Κωνσταντίνος
  Χρηστέας, Κυριάκος
  Ψαρράς, Άγγελος
  Ψηλός, Κωνσταντίνος |
| Spain | Abalde Novas, Tomás
  Almagro Carrobles, Jorge
  Alonso Sánchez, Beatriz
  Álvarez Gómez, Marco Antonio
  Amunárriz Emazabel, Sebastián
  Avedillo Contreras, Buenaventura
  Barandalla Hernando, Eduardo
  Boy Carmona, Ester
  Bravo Téllez, Guillermo
  Brotons Martínez, José Jordi
  Calderón Gómez, José Gabriel
  Carmona Mazain, Manuel
  Carro Martínez, Pedro
  Chamizo Catalán, Carlos
  Cortés Fernández, Natalia
  Criado Bará, Bernardo
  Del Castillo Jurado, Ángeles
  Del Hierro Suanzes, Javier
  Del Hierro Suanzes, María
  Fernández Costas, Antonio
  Fernández Fernández, Manuel Ángel
  Ferreño Martínez, José Antonio
  Fontán Aldereguia, Manuel
  Fontanet Doménech, Felipe
  García Antoni, Mónica
  García González, Francisco Javier
  García Merchán, Marta
  García Simonet, Cristina
  Garrido Álvarez, Santiago
  Gil Gamundi, Juan Luis
  González Fernández, Manuel A.
  Guerrero Claros, María
  Gundín Payero, Laura
  Gutiérrez Tudela, Manuel
  Lastra Torre, Ruth
  Lestón Leal, Juan Manuel
  López González, María
  Marra-López Porta, Julio
  Martínez González, Jesús
  Martínez Velasco, Carolina
  Mayoral Vázquez, Fernando
  Mayoral Vázquez, Gonzalo
  Medina García, Estebán
  Méndez-Villamil Mata, María
  Menéndez Fernández, Manuel J.
  Miranda Almón, Fernando
  Molina Romero, José António
  Munguía Corredor, Noemí
  Ochando Ramos, Ana María
  Orgueira Pérez, Ma Vanesa
  Ortigueira Gil, Adolfo Daniel
  Parga Díaz, Verónica
  Perujo Dávalos, Florencio
  Piñón Lourido, Jesús
  Ponte Fernández, Gerardo
  Prieto Estévez, Laura
  Ríos Cidrás, Manuel
  Ríos Cidrás, Xosé
  Rodríguez Bonet, Jordi
  Rodríguez Moreno, Alberto
  Romero Insúa, Jesús
  Ruiz Gómez, Sònia
  Saavedra España, Jesús
  Sáenz Arteche, Idola
  Sánchez Sánchez, Esmeralda
  Santos Maneiro, José Tomás
  Santos Pinilla, Beatriz
  Sendra Gamero, Ma Esther
  Serrano Sánchez, Daniel
  Sieira Rodríguez, José
  Tenorio Rodríguez, José Luis
  Torre González, Miguel Á.
  Tubio Rodríguez, Xosé
  Unzurrunzaga Campoy, José María
  Vázquez Pérez, Juana Ma

  Vidal Maneiro, Juan Manuel
  Vega García, Francisco M.
  Vicente Castro, José
  Yeregui Velasco, Pablo
  Zamora de Pedro, Carlos |
| France | Belz, Jean-Pierre
  Ben Khemis, Patricia
  Beyaert, Frédéric
  Bigot, Jean-Paul
  Bon, Philippe
  Bouniol, Grégory
  Bourbigot, Jean-Marc
  Cacitti, Raymond
  Caillat, Marc
  Celton Arnaud
  Ceres, Michel
  Crochard, Thierry
  Croville, Serge
  Curaudeau, Patrick
  Daden, Nicolas
  Dambron, François
  Darsu, Philippe
  Davies, Philippe
  Deric, William
  Desson, Patrick
  Donnart, Christian
  Ducrocq, Philippe
  Fernandez, Gabriel
  Flours, Cédric
  Fortier, Eric
  Fouchet, Michel
  Fournier, Philippe
  Gehanne, Laurent
  Gloagen, Maurice
  Gueugniau, Damien
  Guillemette, Jean Luc
  Harel, David
  Hitier, Sébastian
  Isore, Pascal
  Le Corre, Joseph
  Le Cousin, Jean-Luc
  Le Dreau, Gilbert
  Maingraud, Dominique
  Malassigne, Jean-Paul
  Masseaux, Yanick
  Menuge, Gilles
  Moussaron, Hervé
  Ogor, Bernard
  Peron, Olivier
  Peron, Pascal
  Radius, Caroline
  Richou, Fabrice
  Rondeau, Arnold
  Rousselet, Pascal
  Semelin, Gérard
  Serna, Mathieu
  Trividic, Bernard
  Vilbois, Pierre
  Villenave, Patrick
  Villenave, Yorrick
  Vincent, Hugues |
| Italy | Abate, Massimiliano
  Abbate, Marco
  Albani, Emidio
  Antonacci, Roberto
  Apollonio, Cristian
  Aprile, Giulio
  Aquilano, Donato
  Astelli, Gabriele
  Avallone, Guido
  Azzaretto, Giuseppe
  Basile, Giuseppe
  Bernadini, Stefano
  Biondo, Fortunato
  Bizarri, Simona
  Bizarro, Federico
  Bonsignore, Antonino
  Borriello, Fabio
  Bove, Gian Luigi
  Burlando, Michele
  Calandrino, Salvatore
  Cambereri, Michelangelo
  Cappa, Euplio
  Carassai, Adriano
  Carta, Sebastiano
  Castellano, Sergio
  Cau, Dario
  Cesareo, Michele
  Chianella, Marco
  Chionchio, Alessandro
  Cianci, Vincenzo
  Cilento, Antonio
  Colarossi, Mauro
  Colazzo, Massimiliano
  Colonna, Vincenzo
  Conte, Fabio
  Conte, Plinio
  Cormio, Carlo
  Cortese, Raffaele
  Costanzo, Francesco
  Criscuolo, Enrico
  Croce, Aldo
  Cuccaro, Annalisa
  Cuciniello, Luigi
  D’Agostino, Gainluca
  D’Amato, Fabio
  D’Aniello, Annunziata
  D’Arrigo, Antonio
  De Crescenzo, Salvatore
  De Leo, Angelo
  De Santis, Antonio
  De Simone, Antonio
  Del Monaco, Ettore
  Di Benedetto, Luigi
  Di Domenico, Marco
  Di Donato, Eliana
  Diaco, Gennaro
  Doria, Angelo
  D’Orsi, Francesco Paolo
  Errante, Domenico
  Esibini, Daniele
  Esposito, Francesco
  Fava, Antonello
  Ferrantino, Maria Pia
  Fioravanti, Andrea
  Fiore, Fabrizio
  Fiorentino, Antonino
  Fogliano, Pasquale
  Folliero, Alessandro
  Fortunati, Diego
  Fuggetta, Pasquale
  Gagliardi, Giuseppe Lucio
  Gallo, Antonio
  Giovannone, Vittorio
  Gismondi, Tommaso
  Golizia, Pasquale
  Graziani, Walter
  Greco, Giuseppe
  Guzzi, Davide
  Iemma, Oreste
  Isaia, Sergio
  L’Abbate, Giuseppe
  Lambertucci, Alessandro
  La Porta, Santi Alessandro
  Leto, Antonio
  Lo Pinto, Nicola
  Lo Presti, Matteo
  Loggia, Carlo
  Lombardi, Pasquale
  Longo, Pierino Paolo
  Maggio, Giuseppe
  Maio, Giuseppe
  Maltese, Franco
  Manconi, Danilo
  Marceca, Giuseppe
  Mariotti, Massimiliano
  Martinez, Guiliano
  Marzio, Paolo
  Massaro, Gianluca
  Mastrobattista, Giovanni Eligio
  Matera, Riccardo
  Menna, Giuseppe
  Miniero, Antonio
  Monaco, Paolo
  Morelli, Alessio
  Morello, Salvatore
  Mostacci, Sergio Massimo
  Mugnaini, Dany
  Musella, Stefano
  Nacarlo, Amedeo
  Nappi, Carlo
  Nardelli, Giuseppe
  Negro, Mirco
  Novaro, Giovanni
  Palagiano, Angelo
  Pallotta, Oreste
  Panconi, Federico
  Pantaleo, Cosimo
  Pantaleo, Fiore
  Pantano, Francesco
  Paolillo, Francesco
  Patalano, Andrea
  Pavese, Paolo
  Perdisci, Marcello
  Petrella, Vincenzo
  Petrillo, Agostino
  Petruzzi, Giulia
  Pietrocola, Alberto Maria
  Pignatale, Massimiliano
  Pino, Filippo
  Piras, Ugo
  Pisino, Tommaso
  Pistorio, Angelo
  Poli, Mario
  Porru, Massimiliano
  Preziosi, Pietro
  Puddinu, Fabrizio
  Raffa, Demetrio Antonio
  Raffone, Antonio
  Rivalta, Fabio
  Romanazzi, Francesco
  Romanazzi, Valentina
  Ronca, Gianluca
  Russo, Pasquale
  Sacco, Giuseppe
  Salce, Paolo
  Santini, Paolo
  Sarpi, Stefano
  Sassanelli, Michele
  Scattola, Giovanni
  Schiattino, Andrea
  Sebastio, Luciano
  Silvestri, Antonio
  Sini, Gaetano
  Siniscalchi, Francesco
  Solidoro, Sergio Antonio
  Spagnuolo, Matteo
  Stramandiono, Rosario
  Surfa’, Emanuele
  Tersigni, Tonino
  Tesauro, Antonio
  Tescione, Francesco
  Tofanelli, Massimo
  Trapani, Salvatore
  Troiano, Primiano
  True, Pietro
  Turiano, Giuseppe
  Uopi, Alessandro
  Vellucci, Alfredo
  Ventriglia, Felice
  Vicini, Alberto
  Vitali, Daniele
  Zippo, Luigi |
| Cyprus | Apostolou, Antri
  Avgousti, Antonis
  Christodoulu, Lakis
  Christoforou, Christiana
  Christou, Nikoletta
  Flori, Panayiota
  Fylaktou, Anthi
  Georgiou, Markella
  Hadjialexandreou, Kyriacos
  Ioannou, Georgios
  Ioannou, Theodosis
  Karayiannis, Christos
  Korovesis, Christos
  Kyriacou, Kyriacos
  Kyriacou, Yiannos
  Michael, Michael
  Nicolaou Nicolas
  Panagopoulos, Argyris
  Papadopoulos, Andreas
  Pavlou George
  Savvides, Andreas |
| Latvia | Barsukovs, Vladislavs
  Brants, Jānis
  Brente, Elmārs
  Caune, Vizma
  Gronska, Ieva
  Holštroms, Arturs
  Kalějs, Rūdolfs
  Klagišs, Felikss
  Kozlovskis, Roland
  Leja, Jānis
  Naumova, Daina
  Priediens, Ainars
  Pūsilds, Aigars
  Putniņš, Raitis
  Sproğis, Eduards
  Štraubis, Valērijs
  Upmale, Sarmīte
  Veide, Andris
  Veinbergs, Miks
  Zemture, Viola |
| Lithuania | Balnis, Algirdas
  Jonaitis, Arūnas
  Kazlauskas, Tomas
  Lendzbergas, Erlandas
  Vaitkus, Giedrius
  Zartun, Vitalij |
| Luxembourg | n/a |
| Hungary | n/a |
| Malta | Abela, Claire
  Agius, Jesmond
  Balzan, Gilbert
  Borg, Anthony
  Brimmer, Christopher
  Busutill, Amadeo
  Carabott, Stephen
  Cardona, Emanuel
  Caruana, Francis
  Caruana, Raymond
  Caruana Russel
  Cauchi, Marco
  Cutajar, Alex
  Farrugia, Joseph
  Galea, Alex
  Gauci Piscopo, Mark
  Grech, Felix
  Grech, James.L.
  Micallef, Charlo
  Mifsud, Michael
  Muscat, Carlo
  Nappa, Jason
  Psaila, Kevin
  Santillo Edward
  Sciberras, Christopher
  Scicluna, Etienne
  Seguna, Marvin
  Tabone, Mark
  Theuma, Johan
  Xuereb, Glen |
| Netherlands | Altoffer Wim
  Bakker, Jan
  Bastiaan, Robert.
  Beij, Wim
  Boone, Jan Kees
  de Boer,Meindert
  de Kort, Maarten
  de Mol, Gert
  Dieke, Richard
  Duinstra, Jacob
  Freke, Hans
  Kleinen, Tom
  Kleczewski-Schoon, Anneke
  Koenen, Gerard
  Kraaijenoord, Jaap
  Kramer, Willem
  Krijnen, Hans
  Kwakman, Jeroen
  Leenheer, Adrie
  Meijer, Cor
  Meijer, Willem
  Miedema, Anco
  Parlevliet, Koos
  Ros, Michel
  Schekkerman, Cees
  Schneider, Leendert
  Tervelde, Lex
  van den Berg, Dirk
  van der Molen, Ton
  van der Veer, Siemen
  Velt, Ernst
  Weijtmans, Peer
  Wijbenga, Arjan
  Wijkhuisen, Eddy
  Zegel, Gerrit
  Zevenbergen, Jan |
| Austria | n/a |
| Poland | Anulewicz, Adam
  Bartczak, Tomasz
  Domachowski, Marian
  Jamioł, Waldemar
  Jóźwiak, Marek
  Kasperek, Stanisław
  Kołodziejczak, Michał
  Korthals, Jakub
  Kozłowski, Piotr
  Kucharski, Tadeusz
  Łukaszewicz, Paweł
  Łuczkiewicz, Tomasz
  Niewiadomski, Piotr
  Nowak, Włodzimierz
  Patyk, Konrad
  Piątek, Mateusz
  Prażanowski, Krystian
  Skibior, Sławomir
  Sokołowski, Paweł
  Szumicki, Tomasz
  Tomaszewski, Tomasz
  Wereszczyński, Leszek
  Wiliński, Adam
  Zięba, Marcin |
| Portugal | Albuquerque, José
  Canato, Francisco
  Carvalho, Ricardo
  Coelho, Alexandre
  Diogo, João
  Ferreira, Carlos
  Fonseca, Álvaro
  Franco, Jorge
  Moura, Nuno
  Silva, Maria João
  Silva, António Miguel |
| Romania | Chiriac, Marian
  Dinu, Aurel
  Gheorghe, Petrică-Puiu
  Manole, Manuela
  Mănăilă, Marian Sorinel
  Panaitescu, Lorin
  Rusu, Laurențiu |
| Slovenia | Smoje, Robert
  Smoje, Vinko |
| Slovakia | n/a |
| Finland | Heikkinen, Pertti
  Hiltunen, Jouni
  Komulainen, Unto
  Koivisto, Kare
  Lähde, Jukka
  Linder, Jukka
  Nikiforow, Mikael
  Rönnholm, Eeva
  Salonen, Ville
  Sundqvist, Lars
  Suominen, Ari
  Suominen, Paavo
  Toivonen, Ville |
| Sweden | Åberg, Christian
  Åberg-Torkelsson, EVA
  Ahnlund, Jenny
  Andersson, Andrea
  Andersson, Per-Olov
  Andersson, Per-Olov Vidar
  Antonsson, Jan-Eric
  Askeroth, Fredrik
  Bergman, Daniel
  Bühler, Hanna
  Cardell, Christina
  Carlsson, Christian
  Cederlund, Kenneth
  Englund, Raymond
  Eriksson, Hans-Göran
  Eriksson, Örjan
  Falk, David
  Frejd, Maud
  Granholm, Björn
  Göransson, Roger
  Havh, Johan
  Hultemar, Staffan
  Ingeby-Olsson, Lena
  Jacobsson, Magnus
  Jansson, Bengt
  Jeppsson, Tobias
  Johansson, Daniel
  Johansson, Gertrud
  Johansson, Klas
  Johansson, Linda
  Johansson, Thomas
  Jönsson, Dennis
  Joxelius, Paul
  Karlsson, Kent
  Karlsson, Zineth
  Kempe, Clas
  Kjellgren, Curt
  Kurtsson, Morgan
  Lahovary, Oscar
  Larsson, Mats
  Lindved, Martin
  Lundin, Stig
  Malmström, John
  Mattson, Olle
  Nilsson, Pierre
  Norrby, Bengt
  Norrby, Tom
  Näsman, Lars
  Olovsson, Bo
  Olsson, Kenneth
  Olsson, Lars
  Palmén, Lars-Erik
  Penson, Lena
  Persson, Göran
  Persson, Mats
  Peterson, Jan
  Petterson, Joel
  Petterson, Johan
  Philipsson, Gunnar
  Piltonen, Janne
  Podsedkowski, Zenek
  Reuterljung, Thomas
  Sandblom, Örjan
  Sjödin, Ronny
  Skölderud, Svante
  Snäckerström, Leif
  Stenmark, Richard
  Strandberg, Magnus
  Stührenberg, Björn
  Svenserud, Anders
  Svensson, Rutger
  Tegnander, Pär
  Tillawi, Peter
  Toresson, Martin
  Turesson, Andreas
  Wallin, Bo
  Westberg, David
  Wigsell, Andreas
  Wilson, Pierre
  Wimmer, Anders |
| United Kingdom | Aitken, Alison
  Alexander, Stephen
  Allen, Terry
  Anderson, Mark
  Anderson, Reid
  Banks, Andrew
  Barclay, Michael
  Bateman, Pia
  Bell, Stuart
  Billson, Carol
  Blower, Amy
  Bowers, Claire
  Boyce, Sean
  Brough, Derek
  Bruce, John
  Burnett, Graeme
  Burt, Ellen
  Caldwell, Mark
  Calvert, Lauren
  Campbell, Colin
  Campbell, Iain
  Campbell, Jonathan
  Campbell, Murray
  Carroll, David
  Carter, Chris
  Clasby, Lorraine
  Coatsworth, Robert
  Cook, David
  Corner, Nigel
  Couzens, Rob
  Craig, Ian
  Craig, Stephen
  Croucher, Tim
  Crowe, Michael
  Crowther, Robert
  Cullen, Donna
  Cunningham, George
  Davis, Danielle
  Deadman, Ross
  Douglas, Sean
  Draper, Peter
  Dunkerely, Sabrina
  Durbin, William
  Ebdy, Jim
  Eccles, David
  Elliott, Philip
  Ellison, Peter
  Evans, David
  Faulds, Mike
  Fenwick, Peter
  Ferguson, Adam
  Ferguson, Simon
  Ferrari, Richard
  Fitzpatrick, DeeAnn
  Fletcher, Norman
  Fletcher, Paul
  Flint, Toby
  Fordham, Philip
  Foster, Pam
  Frampton, Charles
  Fraser, Uilleam
  Gibson, Philip
  Gooding, Colin
  Goodwin, Aaron
  Gough, Callum
  Graham, Chris
  Gregor, Stuart
  Griffin, Stuart
  Griffiths, Greg
  Gristwood, Malcolm
  Hall, Katherine
  Hamilton, Ian
  Hanbury, Rachel
  Harris, Billy
  Harrison, Thomas
  Hay, David
  Hay, John
  Hazel, Tom
  Hember, Marcus
  Henderson, Rod
  Henning, Alan
  Hepburn, Ian
  Hepburn, Jim
  Hepples, Stephen
  Higgins, Frank
  Hill, Katie
  Holbrook, Joanna
  Inglesby, Paul
  Irish, Rachel
  Jackson, Amie
  John, Barrie
  Johnson, Paul
  Johnston, Steve
  Johnston, Isobel
  Jones, Peter
  Jordan, Catherine
  Kelly, Kevin
  Kemp, Duncan
  Kemp, Gareth
  Kilbride, Paul
  Kinghorn, Matthew
  Korda, Rebecca
  Lamb, Rob
  Lane, Elizabeth
  Law, Garry
  Legge, James
  Lister, Jane
  Livingston, Andrew
  Lockwood, Mark
  MacEachan, Iain
  MacGregor, Duncan
  MacIver, Roderick
  MacLean, Paula
  MacLean, Robin
  MacSkimming, Peter
  Marshall, Phil
  Mason, John
  Mason, Liam
  Mason, Roger
  Matheson, Louise
  McAlister, Gerald
  McBain, Billy
  McCaughan, Mark
  McComiskey, Stehpen
  McCowan, Alisdair
  McCrindle, John
  McCubbin, Stuart
  McCusker, Simon
  McDonnell, Alistair
  McHardy, Adam
  McKenzie, Gregor
  McKeown, Nick
  McMillan, Robert
  McQuillan, David
  Merrilees, Kenny
  Mills, John
  Milne, Roderick
  Mitchell,Hugh
  Mitchell, John
  Morrison, Donald
  Muir, James
  Mynard, Nick
  Nelson, Paul
  Newlands, Andrew
  Nicholson, Chris
  North, Philip
  O’Hare, Jonathon
  Ord, Vivian
  Owen, Gary
  Page, Tim
  Parr Jonathan
  Pateman, Jason
  Paterson, Craig
  Paterson, Kelly
  Paton, Robert
  Perry, Andrew
  Peters, Will
  Pool, Beshlie
  Poulding, Daniel
  Pringle, Geoff
  Pritchard, Chris
  Putt, David
  Quinn, Barry
  Radford, Angus
  Rawlinson, Kat
  Reeves, Adam
  Reeves, Jennie
  Reid, Adam
  Reid, Peter
  Rendall, Colin
  Richardson, David
  Riley, Joanne
  Roberts, Julian
  Robertson, Tom
  Robinson, Neil
  Ruscoe, David
  Rushton, James
  Sandeman, Lillian
  Serafino, Paola
  Skillen, Damien
  Skinner, Alastair
  Smart, Barrie
  Smith, Bill
  Smith, Don
  Smith, Pam
  Smith Peter
  Sooben, Jeremy
  Steele, Gordon
  Stipetic, John
  Strang, Nicol
  Stray, Sloyan
  Styles, Mario
  Sutton, Andrew
  Taylor, Mark
  Templeton, John
  Terry, David
  Thain, Marc
  Thomas, Dan
  Thompson, Gerald
  Thompson, James
  Todd, Ian
  Turner, Patrick
  Visram, Adrian
  Watt, Barbara
  Ward, Daniel
  Ward, Mark
  Warren, Matt
  Watson, Mathew
  Watson, Stacey
  Watt, James
  Wellum, Neil
  Wensley, Phil
  Weychan, Paul
  Whelton, Karen
  Whitby, Phil
  Wick, Harry
  Williams, Justin
  Williams, Peter
  Williams, Russell
  Wilson, Tom
  Wiseman, Carl
  Wood, Ben
  Worsnop, Mark
  Wright, Nicholas
  Yuille, Derek |
| European Commission | Alcaide, Mario
  Aláez Pons, Ester
  Ansell, Neil
  Casier, Maarten
  Daly, James
  Duarte, Rafael
  Grevsen, Dorthe
  Janakakisz, Maria
  Jensen Ulrik
  Jiménez Alvarez, Ignacio
  Lansley, Jon
  Leskinen Jari
  Libioulle Jean-Marc
  Mészáros, Mátyás
  Monteiro, Sara
  Pagliarani, Giuliano
  Parker, Michael
  Sakas, Remigijus
  Skountis Vasileios
  Skrey, Hans
  Spezzani, Aronne
  Ulman-Kuuskman, Els
  Viva, Claudio
  Zaradna, Anna |
| European Fisheries Control Agency | Cederrand, Stephen
  Chapel, Vincent
  Del Hierro, Belén
  Del Zompo, Michele
  Dias Garçao, José
  Koskinen, Aki
  Lesueur, Sylvain
  Magnolo, Lorenzo
  Mueller, Wolfgang
  Papaioannou, Themis
  Pinto, Pedro
  Quelch, Glenn
  Roobrouck, Christ
  Roose, Tarvo
  Sorensen, Svend
  Stewart, William
  Tahon, Sven |

Country

Inspectors

Belgium

De Vleeschouwer, Guy

Devogel, Geert

Lieben, Richard

Bulgaria

Kamenov, Vladimir Angelov

Kerekov, Nikolay Ivanov

Czech Republic

n/a

Denmark

Aasted, Lars Jerne

Akselsen, Ole

Andersen, Dan Søgård

Andersen, Hanne Skjæmt

Andersen, Jesper Sandager

Andersen, Jim Allan

Andersen, Lars Ole

Andersen, Mogens Godsk

Andersen, Niels Jørgen Anton

Andersen, Peter Bunk

Anderson, Jacob Edward

Backe, René

Barrit, Jørgen

Beck, Bjarne Baagø

Bendtsen, Lars Kjærsgaard

Bernholm, Kristian

Burgwaldt Andersen, Martin

Baadsgård, Jørgen Peder

Carl, Morten Hansen

Christensen, Frantz Viggo

Christensen, Jesper Just

Christensen, Peter Grim

Christensen, Thomas

Christiansen, Michael Koustrup

Damsgaard, Kresten

Degn, Jesper Leon

Due-Boje, Thomas Zinck

Dølling, Robert

Ebert, Thomas Axel Regaard

Eiersted, Jesper Bach

Eilers, Bjarne

Einef, Frank Godt

Fick, Carsten

Frandsen, Rene Brian

Frederiksen, Torben Broe

Gotved, Jesper Hovby

Gaarde, Børge

Handrup, Jacob

Hansen, Bruno Ellekær

Hansen, Gunnar Beck

Hansen, Henning Skødt

Hansen, Ina Kjærgaard

Hansen, Jan Duval

Hansen, Martin

Hansen, Martin Baldur

Hansen, Ole

Hansen, Thomas

Heldager, Peter

Hestbek, Flemming

Høgild, Lars

Høi, Jesper

Højrup, Torben

Jaeger, Michael Wassermann

Jensen, Anker Mark

Jensen, Hanne Juul

Jensen, Jimmy Langelund

Jensen, Jonas Krøyer

Jensen, Jørn Uth

Jensen, Lars Henrik

Jensen, Lone A.

Jensen, René Sandholt

Johansen, Allan

Juul, Torben

Juul-Schirmer, Kasper

Jørgensen, Kristian Sandal

Jørgensen, Lasse Elmgren

Jørgensen, Ole Holmberg

Karlsen, Jesper Herning

Knudsen, Malene

Knudsen, Niels Christian

Knudsen, Ole Hvid

Kofoed, Kim Windahl

Kokholm, Peder

Kristensen, Henrik

Kristensen, Jeanne Marie

Kristensen, Peter Holmgaard

Larsen, Michael Søeballe

Larsen, Peter Hjort

Larsen, Tim Bonde

Lundbæk, Tommy Oldenborg

Madsen, Jens-Erik

Madsen, Johnny Gravesen

Mogensen, Erik Wegner

Mortensen, Erik

Mortensen, Jan Lindholdt

Møller, Gert

Nielsen, Christian

Nielsen, Dan Randum

Nielsen, Gunner Raunsbæk

Nielsen, Hans Henrik

Nielsen, Henrik Früsthück

Nielsen, Henrik Kruse

Nielsen, Jeppe

Nielsen, Kim Tage

Nielsen, Niels Kristian

Nielsen, Ole Brandt

Nielsen, Steen

Nielsen, Søren

Nielsen, Søren Egelund

Nielsen, Trine Fris

Nørgaard, Max Reno Bang

Østergård, Lars

Paulsen, Kim Thor

Pedersen, Claus

Petersen, Henning Juul

Petersen, Jimmy Torben

Porsmose, Tommy

Poulsen, Bue

Poulsen, John

Risager, Preben

Rømer, Jan

Schjoldager, Tim Rasmussen

Schou, Kasper

Schultz, Flemming

Siegumfeldt, Jeanette

Simonsen, Kjeld

Simonsen, Morten

Skrivergaard, Lennart

Skaaning, Per

Sørensen, Allan Lindgaard

Thomsen, Bjarne Kondrup

Thomsen, Bjarne Ringive Solgaard

Thorsen, Michael

Trab, Jens Ole

Vistrup, Annette Klarlund

Wille, Claus

Wind, Bernt Paul

Germany

Abs, Volker

Appelmans, Jürgen

Baumann, Jörg

Bembenek, Jörg

Bergmann, Udo

Bernhagen, Sven

Bieder, Mathias

Bigalski, Hans-Georg

Birkholz, Siegfried

Bloch, Ralf

Bösherz, Andreas

Borchardt, Erwin

Brunnlieb, Jürgen

Buchholz, Matthias

Büttner, Harald

Cassens, Enno

Christiansen, Dirk

Claßen, Michael

Cordes, Reiner

Döhnert, Tilman

Dörbandt, Stefan

Drenkhahn, Michael

Dürbrock, Dierk

Ehlers, Klaus

Engelbrecht, Sascha

Erdmann, Christian

Fink, Jens

Franke, Hermann

Franz, Martin

Frenz, Sandro

Garbe, Robert

Gräfe, Roland

Griemberg, Lars

Hänse, Dirk

Hansen, Hagen

Heidkamp, Max

Heisler, Lars

Herda, Heinrich

Hickmann, Michael

Homeister, Alfred

Hoyer, Oliver

Keidel, Quirin

Kersten, Mickel

Kind, Karl-Heinz

Klimeck, Uwe

Kopec, Reinhard

Köhn, Thorsten

Kollath, Mark

Krüger, Martin

Krüger, Torsten

Kupfer, Christian

Kutschke, Holger

Lehmann, Jan

Linke, Hans-Herbert

Lübke, Torsten

Lührs, Carsten

Möhring, Torsten

Mücher, Martin

Mundt, Mario

Nöckel, Stefan

Pauls, Werner

Perkuhn, Martin

Peter, Sven

Raabe, Karsten

Ramm, Jörg

Reimers, Andre

Remitz, Lutz

Rutz, Dietmar

Sauerwein, Dirk

Schmidt, Harald

Schmiedeberg, Christian

Schröder, Lasse

Schuchardt, Karsten

Schüler, Claas

Skrey, Erich

Slabik, Peter

Springer, Gunnar

Stüber, Jan

Sturm, Jochen

Sween, Gorm

Teetzmann, Julian

Thieme, Stefan

Thomas, Raik

Tiedemann, Harald

Vetterick, Arno

Welz, Henning

Welz, Oliver

Wessels, Heinz

Wichert, Peter

Wolken, Hans

Estonia

Grossmann, Meit

Lasn, Margus

Nigu, Silver

Ninemaa, Endel

Pai, Aare

Ulla, Indrek

Varblane, Viljar

Ireland

Aherne, Robert

Allen, Damien

Allen, Patrick

Amrien, Rudi

Andersson, Kareen

Andrews, Kevin

Ansbro, Mark

Armstrong, Stuart

Barber, Kevin

Barrett, Elizabeth

Barrett, Brendan

Barrett, John

Beale, Derek

Bones, Anthony

Brandon, James

Brannigan, Stephen

Breen, Kieran

Broderick, Michael

Brophy, James

Brophy, Paul

Browne, Joseph

Browne, Patrick

Brunicardi, Michael

Buckley, Anthony

Buckley, David

Bugler, Andrew

Butler, David

Byrne, Kenneth

Cagney, Daniel

Cahalane, Donnchadh

Campbell, Aoife

Carr, Kieran

Casey Anthony

Casey, Alex

Chute, Killian

Claffey, Seamus

Clarke, Tadhg

Cleary, James

Cloke, Niall

Coffey, Kevin

Cogan, Gerard

Coleman, Thomas

Collins, Damien

Connery, Paul

Cooper, Trevor

Corish, Cormac

Corrigan, Kieran

Cosgrave, Thomas

Cotter, Jamie

Cotter, Colm

Coughlan, Susan

Graven, Cormac

Crowley, Brian

Cummins, William

Cunningham, Diarmuid

Curran, Donal

Curtin, Brendan

Daly, Brendan

Daly, Joseph

D’Arcy, Enna

Devaney, Michael

Dicker, Philip

Doherty, Anita

Doherty, Patrick

Donaldson, Stuart

Downing, Erika

Downing, Grace

Downing, John

Doyle, Cronan

Duane, Paul

Ducker, Nigel

Dullea, Michael

Falvey, John

Fanning, Grace

Farrell, Brian

Fealy, Gerard

Fenton, Gary

Ferguson, Kevin

Finegan, Ultan

Fitzgerald, Brian,

Fitzgerald, Richard

Fitzpatrick, Gerard

Flannery, Kevin

Fleming, David

Flynn, Alan

Foley, Brendan

Foley, Kevin

Foran, Bryan

Forde, Cathal

Fowler, Patrick

Fox, Colm

Freeman, Harry

Fulton, Grant

Gallagher, Damien

Gallagher, Neil

Gallagher, Paddy

Galvin, Rory

Galvin, Sarah

Gannon, James

Geaney, Gerard

Geraghty, Anthony

Gleeson, Marie

Gormanly, Breda

Goulding, Josephine

Goulding, Donal

Greenwood, Mark

Grogan, Suzanne

Haigney, Vincent

Hamilton, Gillian

Hamilton, Gregory

Hamilton, Ken

Hamilton, Stewart

Hannon, Gary

Harding, James

Harkin, Patrick

Harkins, Ciaran

Harman, Mark

Healy, Derek

Healy, John

Hederman, John

Heffernan, Bernard

Hegarty, Denis,

Hegarty, Paul

Henson, Marie

Hewson, Kevin

Hickey, Adrian

Hickey, Michael

Horgan, Brian

Humphries, Daniel

Irwin, Richard

Ivory, Sean

Joyce, Michael

Kavanagh, Ian

Keane, Brian

Kearney, Brendan

Keeley, David

Keirse, Gavin

Kelly, Niall

Kenneally, Jonathan

Kennedy, Liam,

Kennedy, Thomas

Keogh, Mark

Kickham, Jon-Laurence

Kinsella, Gordon

Kirwan, Conor

Laide, Cathal

Landy, Glenn

Lane, Brian

Lane, Mary

Leahy, Brian

Lenihan, Mark

Linehan, Sean

Lynch, Darren

Lynch, Gerard

Lynch, Grainne

Lynch, Robert

Mac Donald, Victor

MacUnfraidh, Caoimhin

MacGabhann, Declan

Mackey, John

Mallon, Keith

Malone, Robert

Maloney, Nessa

Maunsell, Blaithin

Mc Carthy, Gavin

Mc Carthy, Mark

Mc Carthy, Michael

Mc Connell, Clodagh

Mc Gee, Noel

Mc Glinchey, Martin

Mc Grath, Owen

Mc Grath, Richard

Mc Groarty, John

Mc Groarty, Mark

Mc Guckin, Martin

Mc Keown, Amelia

Mc Laughlin, Ronan

Mc Loughlin, Gerard

Mc Loughlin, John-Jack

Mc Namara, Paul

Mc Parland, Cian

Mc Philbin, Dwayne

McGroary, Peter

McIntyre, Lesley

McNamara, Ken

McWilliams, Stuart

Memery, David

Meredith, Helen

Molloy, Darren

Molloy, John Paul

Moloney, Kara

Moloney, Luke

Moore, Conor

Morrison, Kevin

Mulcahy, Shane

Mulcahy, John

Mullane, Paul

Mullery, Alan

Mundy, Brendan

Murphy, Barry

Murphy, Brian

Murphy, Claire

Murphy, Enda

Murphy, Honor

Murphy, John

Murran, Sean

Murray, Paul

Nalty, Christopher

Nash, John

Ni Cionnach Pic, Dubheasa

Nolan, Brian

O Brien, Claire,

O Brien, David

O Brien, Jason

O Brien, Kenneth

O Callaghan, Maria

O Ceallaigh, Kevin

O Connor, Diarmud

O Donoghue, John

O Donoghue, Niamh

O Donovan, Diarmud

O Donovan, Michael

O Donavan, Thomas

O Dowd, Brendan

O Driscoll, Olan

O Flynn, Aisling

O Leary, David

O Mahony, David

O Mahony, Karl

O Mahony, Robert

O Neachtain, Aonghus

O Regan, Alan

O Regan, Anthony

O Reilly, Brendan

O Seaghdha, Ciaran

O Shea, John

O Sullivan, Charles

O Sullivan, Patricia

O’Brien, Amanda

O’Donovan, Bernard

O’Keeffe, Olan

O’Neill, Shane

O’Regan, Cliona

O’Sullivan, Aileen

Patterson, Adrienne

Pentony, Declan

Peyronnet, Arnaud

Phipps, Kevin

Pierce, Paul

Piper, David

Plante, Maurice

Plunkett, Thomas

Power-Moylotte, Gillian

Prendergast, Kevin

Pyke, Gavin

Pyne, Alan

Quigg, James

Quigley, Declan

Quinn, James

Quinn, Michael

Reddin, Anthony

Reidy, Patrick

Ridge, Patrick

Roche, John

Rogers, Kevin

Ryan, Fergal

Scalici, Fabio

Scanlon, Caroline

Shalloo, Jim

Shanahan, Jacqueline

Sheahan, Paudie

Sheridan, Glenn

Shiels, Brian

Sills, Barry

Smith, Brian

Smyth, Eoin

Snowdon, Edward

Stack, Stephen

Sweetnam, Vincent

Tarrant, Martin

Tighe, Declan

Timon, Eric

Tortise, Charles

Turley, Mark

Twomey, Peter

Twomey, Thomas

Valls Senties, Virginia

Wall, Daniel

Wall, Vanessa

Wallace, Jason

Wallace, Eugene

Walsh, Conleth

Walsh, Laurence

Walsh, Richard

Watson, Philip

Weldon, James

Whelan, Mark

Whelehan, Jason

White, John

Wickham, Laurence

Wilmot, Emmet

Wise, James

Greece

Αγγελόπουλος, Χαράλαμπος

Αγιανιάν, Σπυρίδων

Αδαμοπούλου, Γεωργία

Ακουμιανάκης, Βασίλειος

Ακριβός, Δημήτριος

Αλεξανδρόπουλος, Ευστάθιος

Αργυρακοπούλου, Αικατερίνη

Βαρδαξής, Βασίλειος

Βαρελόπουλος, Ευάγγελος

Βελισσαρόπουλος, Αλέξανδρος

Βεργίνης, Αναστάσιος

Βιλάλη, Μαρία

Βιδάλης, Οδυσσέας

Βορτελίνας, Γεώργιος

Βουρλέτσης, Σωτήριος

Γεωργατζής, Ιωάννης

Γιαννούσης, Βασίλειος

Γκλεζάκος, Ανδρέας

Γκορίτσας, Γεώργιος

Γογοδώνης, Δημήτριος

Γρηγορίου, Αικατερίνη

Δελημήτης, Βασίλειος

Δημόπουλος, Απόστολος

Δοκιανάκης, Κωνσταντίνος

Δόντσος, Ευστράτιος

Δούτσης, Δημήτριος

Δροσάκης, Σπυρίδων

Ελευθερίου, Κωνσταντίνος

Ευαγγελάτος, Νικόλαος

Ζακυνθινός, Κωνσταντίνος

Ζαμπετάκης, Νικόλαος

Ζαφειράκης, Διονύσιος

Ζησιμόπουλος, Νεκτάριος

Ζουρμπαδέλος, Σταμούλης

Ηλιάδης, Νικόλαος

Καλαμάρης, Χαρίδημος

Καλλίνικος, Κωνσταντίνος

Καλογεράκης, Γεώργιος

Καλογήρου, Νικόλαος

Κατημερτζόγλου, Στέλιος

Κατσακούλης, Παράσχος

Κατσάμπας, Νικόλαος

Καψάσκης, Παρασκευάς

Κοκκάλας, Νικόλαος

Κοκολογιαννάκης, Ευάγγελος

Κοντοβάς, Γρηγόριος

Κοντογιάννης, Κωνσταντίνος

Κοντογιάννης, Νέστωρας

Κουζίλου, Σταυρούλα

Κουκάρας, Ευάγγελος

Κουκλατζής, Δημήτριος

Κουλαξίδης, Δρακούλης

Κουμπανάκη, Θεοδώρα

Κουρούλης, Στυλιανός

Κραουνάκης, Γεώργιος

Κωνστάντος, Γεώργιος

Κωστάκης, Μιχαήλ

Κωστόπουλος, Νικόλαος

Μαίλης, Στέφανος

Μαλαφούρης, Σπυρίδων

Μανούσος, Αντώνιος

Μανωλουδάκης, Ιωάννης

Μαραγκού, Άννα

Μαργώνης, Γεώργιος

Μαχαιρίδης, Νικόλαος

Μόριτς, Ελευθέριος

Μόσχος, Δημήτριος

Μπάρλας, Αθανάσιος

Μπεθάνης, Γεώργιος

Μπερζιργιάννης, Αντώνιος

Μπίχας, Βασίλειος

Μπραουδάκης, Γεώργιος

Ντόκος, Ευάγγελος

Ξακοπούλου, Χρυσάνθη

Ξυπνητού, Βασιλική

Ουζουνόγλου, Ραλλού

Παπαδοπούλου, Μαρία-Ευαγγελία

Παπακωνσταντίνου, Νικόλαος

Παπαλεονάρδος, Δημοσθένης

Πασχαλάκης, Χρήστος

Πατεράκης, Γεώργιος

Πάτσης, Χρήστος

Πέπος, Γεώργιος

Πλατής, Κωνσταντίνος

Ρήγα, Κυριακή

Ρηγούλης, Ζαχαρίας

Ριακοτάκης, Δημήτριος

Ριζοπούλου, Αγγελική

Ρούσσου, Ελευθερία

Σαραντάκος, Ιωάννης

Σιγανός, Εμμανουήλ

Σλανκίδης, Βασίλειος

Σταματελάτος, Σπυρίδων

Σταυρουλάκης, Γεώργιος

Στρατηγάκης, Διονύσιος-Γεώργιος

Στρατιδάκη, Χρυσή

Συρίγος, Σπυρίδων

Σφακιανάκης, Εμμανουήλ

Τελεμές, Χριστόδουλος

Τετράδη, Γεωργία

Τοπάλογλου, Κωνσταντίνος

Τζεσούρης, Γεώργιος

Τζιόλας, Ιωάννης

Τρίχας, Χρήστος

Τσαπατσάρης, Νικόλαος

Τσαχπάζης, Δημήτριος

Τσέλης, Ανδρέας

Τσιμηρίκα, Αγγελική

Τσούμας, Σπυρίδων

Φόρας, Γεώργιος

Φραζής, Εμμανουήλ

Χαμαλίδης, Βασίλειος

Χαριτάκης, Ανδρέας

Χασανίδης, Γεώργιος

Χατζηπασχάλης, Κωνσταντίνος

Χρηστέας, Κυριάκος

Ψαρράς, Άγγελος

Ψηλός, Κωνσταντίνος

Spain

Abalde Novas, Tomás

Almagro Carrobles, Jorge

Alonso Sánchez, Beatriz

Álvarez Gómez, Marco Antonio

Amunárriz Emazabel, Sebastián

Avedillo Contreras, Buenaventura

Barandalla Hernando, Eduardo

Boy Carmona, Ester

Bravo Téllez, Guillermo

Brotons Martínez, José Jordi

Calderón Gómez, José Gabriel

Carmona Mazain, Manuel

Carro Martínez, Pedro

Chamizo Catalán, Carlos

Cortés Fernández, Natalia

Criado Bará, Bernardo

Del Castillo Jurado, Ángeles

Del Hierro Suanzes, Javier

Del Hierro Suanzes, María

Fernández Costas, Antonio

Fernández Fernández, Manuel Ángel

Ferreño Martínez, José Antonio

Fontán Aldereguia, Manuel

Fontanet Doménech, Felipe

García Antoni, Mónica

García González, Francisco Javier

García Merchán, Marta

García Simonet, Cristina

Garrido Álvarez, Santiago

Gil Gamundi, Juan Luis

González Fernández, Manuel A.

Guerrero Claros, María

Gundín Payero, Laura

Gutiérrez Tudela, Manuel

Lastra Torre, Ruth

Lestón Leal, Juan Manuel

López González, María

Marra-López Porta, Julio

Martínez González, Jesús

Martínez Velasco, Carolina

Mayoral Vázquez, Fernando

Mayoral Vázquez, Gonzalo

Medina García, Estebán

Méndez-Villamil Mata, María

Menéndez Fernández, Manuel J.

Miranda Almón, Fernando

Molina Romero, José António

Munguía Corredor, Noemí

Ochando Ramos, Ana María

Orgueira Pérez, Ma Vanesa

Ortigueira Gil, Adolfo Daniel

Parga Díaz, Verónica

Perujo Dávalos, Florencio

Piñón Lourido, Jesús

Ponte Fernández, Gerardo

Prieto Estévez, Laura

Ríos Cidrás, Manuel

Ríos Cidrás, Xosé

Rodríguez Bonet, Jordi

Rodríguez Moreno, Alberto

Romero Insúa, Jesús

Ruiz Gómez, Sònia

Saavedra España, Jesús

Sáenz Arteche, Idola

Sánchez Sánchez, Esmeralda

Santos Maneiro, José Tomás

Santos Pinilla, Beatriz

Sendra Gamero, Ma Esther

Serrano Sánchez, Daniel

Sieira Rodríguez, José

Tenorio Rodríguez, José Luis

Torre González, Miguel Á.

Tubio Rodríguez, Xosé

Unzurrunzaga Campoy, José María

Vázquez Pérez, Juana Ma

Vidal Maneiro, Juan Manuel

Vega García, Francisco M.

Vicente Castro, José

Yeregui Velasco, Pablo

Zamora de Pedro, Carlos

France

Belz, Jean-Pierre

Ben Khemis, Patricia

Beyaert, Frédéric

Bigot, Jean-Paul

Bon, Philippe

Bouniol, Grégory

Bourbigot, Jean-Marc

Cacitti, Raymond

Caillat, Marc

Celton Arnaud

Ceres, Michel

Crochard, Thierry

Croville, Serge

Curaudeau, Patrick

Daden, Nicolas

Dambron, François

Darsu, Philippe

Davies, Philippe

Deric, William

Desson, Patrick

Donnart, Christian

Ducrocq, Philippe

Fernandez, Gabriel

Flours, Cédric

Fortier, Eric

Fouchet, Michel

Fournier, Philippe

Gehanne, Laurent

Gloagen, Maurice

Gueugniau, Damien

Guillemette, Jean Luc

Harel, David

Hitier, Sébastian

Isore, Pascal

Le Corre, Joseph

Le Cousin, Jean-Luc

Le Dreau, Gilbert

Maingraud, Dominique

Malassigne, Jean-Paul

Masseaux, Yanick

Menuge, Gilles

Moussaron, Hervé

Ogor, Bernard

Peron, Olivier

Peron, Pascal

Radius, Caroline

Richou, Fabrice

Rondeau, Arnold

Rousselet, Pascal

Semelin, Gérard

Serna, Mathieu

Trividic, Bernard

Vilbois, Pierre

Villenave, Patrick

Villenave, Yorrick

Vincent, Hugues

Italy

Abate, Massimiliano

Abbate, Marco

Albani, Emidio

Antonacci, Roberto

Apollonio, Cristian

Aprile, Giulio

Aquilano, Donato

Astelli, Gabriele

Avallone, Guido

Azzaretto, Giuseppe

Basile, Giuseppe

Bernadini, Stefano

Biondo, Fortunato

Bizarri, Simona

Bizarro, Federico

Bonsignore, Antonino

Borriello, Fabio

Bove, Gian Luigi

Burlando, Michele

Calandrino, Salvatore

Cambereri, Michelangelo

Cappa, Euplio

Carassai, Adriano

Carta, Sebastiano

Castellano, Sergio

Cau, Dario

Cesareo, Michele

Chianella, Marco

Chionchio, Alessandro

Cianci, Vincenzo

Cilento, Antonio

Colarossi, Mauro

Colazzo, Massimiliano

Colonna, Vincenzo

Conte, Fabio

Conte, Plinio

Cormio, Carlo

Cortese, Raffaele

Costanzo, Francesco

Criscuolo, Enrico

Croce, Aldo

Cuccaro, Annalisa

Cuciniello, Luigi

D’Agostino, Gainluca

D’Amato, Fabio

D’Aniello, Annunziata

D’Arrigo, Antonio

De Crescenzo, Salvatore

De Leo, Angelo

De Santis, Antonio

De Simone, Antonio

Del Monaco, Ettore

Di Benedetto, Luigi

Di Domenico, Marco

Di Donato, Eliana

Diaco, Gennaro

Doria, Angelo

D’Orsi, Francesco Paolo

Errante, Domenico

Esibini, Daniele

Esposito, Francesco

Fava, Antonello

Ferrantino, Maria Pia

Fioravanti, Andrea

Fiore, Fabrizio

Fiorentino, Antonino

Fogliano, Pasquale

Folliero, Alessandro

Fortunati, Diego

Fuggetta, Pasquale

Gagliardi, Giuseppe Lucio

Gallo, Antonio

Giovannone, Vittorio

Gismondi, Tommaso

Golizia, Pasquale

Graziani, Walter

Greco, Giuseppe

Guzzi, Davide

Iemma, Oreste

Isaia, Sergio

L’Abbate, Giuseppe

Lambertucci, Alessandro

La Porta, Santi Alessandro

Leto, Antonio

Lo Pinto, Nicola

Lo Presti, Matteo

Loggia, Carlo

Lombardi, Pasquale

Longo, Pierino Paolo

Maggio, Giuseppe

Maio, Giuseppe

Maltese, Franco

Manconi, Danilo

Marceca, Giuseppe

Mariotti, Massimiliano

Martinez, Guiliano

Marzio, Paolo

Massaro, Gianluca

Mastrobattista, Giovanni Eligio

Matera, Riccardo

Menna, Giuseppe

Miniero, Antonio

Monaco, Paolo

Morelli, Alessio

Morello, Salvatore

Mostacci, Sergio Massimo

Mugnaini, Dany

Musella, Stefano

Nacarlo, Amedeo

Nappi, Carlo

Nardelli, Giuseppe

Negro, Mirco

Novaro, Giovanni

Palagiano, Angelo

Pallotta, Oreste

Panconi, Federico

Pantaleo, Cosimo

Pantaleo, Fiore

Pantano, Francesco

Paolillo, Francesco

Patalano, Andrea

Pavese, Paolo

Perdisci, Marcello

Petrella, Vincenzo

Petrillo, Agostino

Petruzzi, Giulia

Pietrocola, Alberto Maria

Pignatale, Massimiliano

Pino, Filippo

Piras, Ugo

Pisino, Tommaso

Pistorio, Angelo

Poli, Mario

Porru, Massimiliano

Preziosi, Pietro

Puddinu, Fabrizio

Raffa, Demetrio Antonio

Raffone, Antonio

Rivalta, Fabio

Romanazzi, Francesco

Romanazzi, Valentina

Ronca, Gianluca

Russo, Pasquale

Sacco, Giuseppe

Salce, Paolo

Santini, Paolo

Sarpi, Stefano

Sassanelli, Michele

Scattola, Giovanni

Schiattino, Andrea

Sebastio, Luciano

Silvestri, Antonio

Sini, Gaetano

Siniscalchi, Francesco

Solidoro, Sergio Antonio

Spagnuolo, Matteo

Stramandiono, Rosario

Surfa’, Emanuele

Tersigni, Tonino

Tesauro, Antonio

Tescione, Francesco

Tofanelli, Massimo

Trapani, Salvatore

Troiano, Primiano

True, Pietro

Turiano, Giuseppe

Uopi, Alessandro

Vellucci, Alfredo

Ventriglia, Felice

Vicini, Alberto

Vitali, Daniele

Zippo, Luigi

Cyprus

Apostolou, Antri

Avgousti, Antonis

Christodoulu, Lakis

Christoforou, Christiana

Christou, Nikoletta

Flori, Panayiota

Fylaktou, Anthi

Georgiou, Markella

Hadjialexandreou, Kyriacos

Ioannou, Georgios

Ioannou, Theodosis

Karayiannis, Christos

Korovesis, Christos

Kyriacou, Kyriacos

Kyriacou, Yiannos

Michael, Michael

Nicolaou Nicolas

Panagopoulos, Argyris

Papadopoulos, Andreas

Pavlou George

Savvides, Andreas

Latvia

Barsukovs, Vladislavs

Brants, Jānis

Brente, Elmārs

Caune, Vizma

Gronska, Ieva

Holštroms, Arturs

Kalějs, Rūdolfs

Klagišs, Felikss

Kozlovskis, Roland

Leja, Jānis

Naumova, Daina

Priediens, Ainars

Pūsilds, Aigars

Putniņš, Raitis

Sproğis, Eduards

Štraubis, Valērijs

Upmale, Sarmīte

Veide, Andris

Veinbergs, Miks

Zemture, Viola

Lithuania

Balnis, Algirdas

Jonaitis, Arūnas

Kazlauskas, Tomas

Lendzbergas, Erlandas

Vaitkus, Giedrius

Zartun, Vitalij

Luxembourg

n/a

Hungary

n/a

Malta

Abela, Claire

Agius, Jesmond

Balzan, Gilbert

Borg, Anthony

Brimmer, Christopher

Busutill, Amadeo

Carabott, Stephen

Cardona, Emanuel

Caruana, Francis

Caruana, Raymond

Caruana Russel

Cauchi, Marco

Cutajar, Alex

Farrugia, Joseph

Galea, Alex

Gauci Piscopo, Mark

Grech, Felix

Grech, James.L.

Micallef, Charlo

Mifsud, Michael

Muscat, Carlo

Nappa, Jason

Psaila, Kevin

Santillo Edward

Sciberras, Christopher

Scicluna, Etienne

Seguna, Marvin

Tabone, Mark

Theuma, Johan

Xuereb, Glen

Netherlands

Altoffer Wim

Bakker, Jan

Bastiaan, Robert.

Beij, Wim

Boone, Jan Kees

de Boer,Meindert

de Kort, Maarten

de Mol, Gert

Dieke, Richard

Duinstra, Jacob

Freke, Hans

Kleinen, Tom

Kleczewski-Schoon, Anneke

Koenen, Gerard

Kraaijenoord, Jaap

Kramer, Willem

Krijnen, Hans

Kwakman, Jeroen

Leenheer, Adrie

Meijer, Cor

Meijer, Willem

Miedema, Anco

Parlevliet, Koos

Ros, Michel

Schekkerman, Cees

Schneider, Leendert

Tervelde, Lex

van den Berg, Dirk

van der Molen, Ton

van der Veer, Siemen

Velt, Ernst

Weijtmans, Peer

Wijbenga, Arjan

Wijkhuisen, Eddy

Zegel, Gerrit

Zevenbergen, Jan

Austria

n/a

Poland

Anulewicz, Adam

Bartczak, Tomasz

Domachowski, Marian

Jamioł, Waldemar

Jóźwiak, Marek

Kasperek, Stanisław

Kołodziejczak, Michał

Korthals, Jakub

Kozłowski, Piotr

Kucharski, Tadeusz

Łukaszewicz, Paweł

Łuczkiewicz, Tomasz

Niewiadomski, Piotr

Nowak, Włodzimierz

Patyk, Konrad

Piątek, Mateusz

Prażanowski, Krystian

Skibior, Sławomir

Sokołowski, Paweł

Szumicki, Tomasz

Tomaszewski, Tomasz

Wereszczyński, Leszek

Wiliński, Adam

Zięba, Marcin

Portugal

Albuquerque, José

Canato, Francisco

Carvalho, Ricardo

Coelho, Alexandre

Diogo, João

Ferreira, Carlos

Fonseca, Álvaro

Franco, Jorge

Moura, Nuno

Silva, Maria João

Silva, António Miguel

Romania

Chiriac, Marian

Dinu, Aurel

Gheorghe, Petrică-Puiu

Manole, Manuela

Mănăilă, Marian Sorinel

Panaitescu, Lorin

Rusu, Laurențiu

Slovenia

Smoje, Robert

Smoje, Vinko

Slovakia

n/a

Finland

Heikkinen, Pertti

Hiltunen, Jouni

Komulainen, Unto

Koivisto, Kare

Lähde, Jukka

Linder, Jukka

Nikiforow, Mikael

Rönnholm, Eeva

Salonen, Ville

Sundqvist, Lars

Suominen, Ari

Suominen, Paavo

Toivonen, Ville

Sweden

Åberg, Christian

Åberg-Torkelsson, EVA

Ahnlund, Jenny

Andersson, Andrea

Andersson, Per-Olov

Andersson, Per-Olov Vidar

Antonsson, Jan-Eric

Askeroth, Fredrik

Bergman, Daniel

Bühler, Hanna

Cardell, Christina

Carlsson, Christian

Cederlund, Kenneth

Englund, Raymond

Eriksson, Hans-Göran

Eriksson, Örjan

Falk, David

Frejd, Maud

Granholm, Björn

Göransson, Roger

Havh, Johan

Hultemar, Staffan

Ingeby-Olsson, Lena

Jacobsson, Magnus

Jansson, Bengt

Jeppsson, Tobias

Johansson, Daniel

Johansson, Gertrud

Johansson, Klas

Johansson, Linda

Johansson, Thomas

Jönsson, Dennis

Joxelius, Paul

Karlsson, Kent

Karlsson, Zineth

Kempe, Clas

Kjellgren, Curt

Kurtsson, Morgan

Lahovary, Oscar

Larsson, Mats

Lindved, Martin

Lundin, Stig

Malmström, John

Mattson, Olle

Nilsson, Pierre

Norrby, Bengt

Norrby, Tom

Näsman, Lars

Olovsson, Bo

Olsson, Kenneth

Olsson, Lars

Palmén, Lars-Erik

Penson, Lena

Persson, Göran

Persson, Mats

Peterson, Jan

Petterson, Joel

Petterson, Johan

Philipsson, Gunnar

Piltonen, Janne

Podsedkowski, Zenek

Reuterljung, Thomas

Sandblom, Örjan

Sjödin, Ronny

Skölderud, Svante

Snäckerström, Leif

Stenmark, Richard

Strandberg, Magnus

Stührenberg, Björn

Svenserud, Anders

Svensson, Rutger

Tegnander, Pär

Tillawi, Peter

Toresson, Martin

Turesson, Andreas

Wallin, Bo

Westberg, David

Wigsell, Andreas

Wilson, Pierre

Wimmer, Anders

United Kingdom

Aitken, Alison

Alexander, Stephen

Allen, Terry

Anderson, Mark

Anderson, Reid

Banks, Andrew

Barclay, Michael

Bateman, Pia

Bell, Stuart

Billson, Carol

Blower, Amy

Bowers, Claire

Boyce, Sean

Brough, Derek

Bruce, John

Burnett, Graeme

Burt, Ellen

Caldwell, Mark

Calvert, Lauren

Campbell, Colin

Campbell, Iain

Campbell, Jonathan

Campbell, Murray

Carroll, David

Carter, Chris

Clasby, Lorraine

Coatsworth, Robert

Cook, David

Corner, Nigel

Couzens, Rob

Craig, Ian

Craig, Stephen

Croucher, Tim

Crowe, Michael

Crowther, Robert

Cullen, Donna

Cunningham, George

Davis, Danielle

Deadman, Ross

Douglas, Sean

Draper, Peter

Dunkerely, Sabrina

Durbin, William

Ebdy, Jim

Eccles, David

Elliott, Philip

Ellison, Peter

Evans, David

Faulds, Mike

Fenwick, Peter

Ferguson, Adam

Ferguson, Simon

Ferrari, Richard

Fitzpatrick, DeeAnn

Fletcher, Norman

Fletcher, Paul

Flint, Toby

Fordham, Philip

Foster, Pam

Frampton, Charles

Fraser, Uilleam

Gibson, Philip

Gooding, Colin

Goodwin, Aaron

Gough, Callum

Graham, Chris

Gregor, Stuart

Griffin, Stuart

Griffiths, Greg

Gristwood, Malcolm

Hall, Katherine

Hamilton, Ian

Hanbury, Rachel

Harris, Billy

Harrison, Thomas

Hay, David

Hay, John

Hazel, Tom

Hember, Marcus

Henderson, Rod

Henning, Alan

Hepburn, Ian

Hepburn, Jim

Hepples, Stephen

Higgins, Frank

Hill, Katie

Holbrook, Joanna

Inglesby, Paul

Irish, Rachel

Jackson, Amie

John, Barrie

Johnson, Paul

Johnston, Steve

Johnston, Isobel

Jones, Peter

Jordan, Catherine

Kelly, Kevin

Kemp, Duncan

Kemp, Gareth

Kilbride, Paul

Kinghorn, Matthew

Korda, Rebecca

Lamb, Rob

Lane, Elizabeth

Law, Garry

Legge, James

Lister, Jane

Livingston, Andrew

Lockwood, Mark

MacEachan, Iain

MacGregor, Duncan

MacIver, Roderick

MacLean, Paula

MacLean, Robin

MacSkimming, Peter

Marshall, Phil

Mason, John

Mason, Liam

Mason, Roger

Matheson, Louise

McAlister, Gerald

McBain, Billy

McCaughan, Mark

McComiskey, Stehpen

McCowan, Alisdair

McCrindle, John

McCubbin, Stuart

McCusker, Simon

McDonnell, Alistair

McHardy, Adam

McKenzie, Gregor

McKeown, Nick

McMillan, Robert

McQuillan, David

Merrilees, Kenny

Mills, John

Milne, Roderick

Mitchell,Hugh

Mitchell, John

Morrison, Donald

Muir, James

Mynard, Nick

Nelson, Paul

Newlands, Andrew

Nicholson, Chris

North, Philip

O’Hare, Jonathon

Ord, Vivian

Owen, Gary

Page, Tim

Parr Jonathan

Pateman, Jason

Paterson, Craig

Paterson, Kelly

Paton, Robert

Perry, Andrew

Peters, Will

Pool, Beshlie

Poulding, Daniel

Pringle, Geoff

Pritchard, Chris

Putt, David

Quinn, Barry

Radford, Angus

Rawlinson, Kat

Reeves, Adam

Reeves, Jennie

Reid, Adam

Reid, Peter

Rendall, Colin

Richardson, David

Riley, Joanne

Roberts, Julian

Robertson, Tom

Robinson, Neil

Ruscoe, David

Rushton, James

Sandeman, Lillian

Serafino, Paola

Skillen, Damien

Skinner, Alastair

Smart, Barrie

Smith, Bill

Smith, Don

Smith, Pam

Smith Peter

Sooben, Jeremy

Steele, Gordon

Stipetic, John

Strang, Nicol

Stray, Sloyan

Styles, Mario

Sutton, Andrew

Taylor, Mark

Templeton, John

Terry, David

Thain, Marc

Thomas, Dan

Thompson, Gerald

Thompson, James

Todd, Ian

Turner, Patrick

Visram, Adrian

Watt, Barbara

Ward, Daniel

Ward, Mark

Warren, Matt

Watson, Mathew

Watson, Stacey

Watt, James

Wellum, Neil

Wensley, Phil

Weychan, Paul

Whelton, Karen

Whitby, Phil

Wick, Harry

Williams, Justin

Williams, Peter

Williams, Russell

Wilson, Tom

Wiseman, Carl

Wood, Ben

Worsnop, Mark

Wright, Nicholas

Yuille, Derek

European Commission

Alcaide, Mario

Aláez Pons, Ester

Ansell, Neil

Casier, Maarten

Daly, James

Duarte, Rafael

Grevsen, Dorthe

Janakakisz, Maria

Jensen Ulrik

Jiménez Alvarez, Ignacio

Lansley, Jon

Leskinen Jari

Libioulle Jean-Marc

Mészáros, Mátyás

Monteiro, Sara

Pagliarani, Giuliano

Parker, Michael

Sakas, Remigijus

Skountis Vasileios

Skrey, Hans

Spezzani, Aronne

Ulman-Kuuskman, Els

Viva, Claudio

Zaradna, Anna

European Fisheries Control Agency

Cederrand, Stephen

Chapel, Vincent

Del Hierro, Belén

Del Zompo, Michele

Dias Garçao, José

Koskinen, Aki

Lesueur, Sylvain

Magnolo, Lorenzo

Mueller, Wolfgang

Papaioannou, Themis

Pinto, Pedro

Quelch, Glenn

Roobrouck, Christ

Roose, Tarvo

Sorensen, Svend

Stewart, William

Tahon, Sven

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| 23.12.2011 | EN | Official Journal of the European Union | L 343/140 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/140

---

COMMISSION IMPLEMENTING DECISION

of 22 December 2011

on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC

(Text with EEA relevance)

(2011/884/EU)

THE EUROPEAN COMMISSION,

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

Having regard to 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 (1), and in particular Article 53(1) thereof,

Whereas:

| (1) | Articles 4(2) and 16(2) of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (2) provide that no genetically modified food or feed is to be placed on the Union market unless it is covered by an authorisation granted in accordance with that Regulation. Articles 4(3) and 16(3) of the same Regulation lay down that no genetically modified food and feed may be authorised unless it has been adequately and sufficiently demonstrated that it does not have adverse effects on human health, animal health or the environment, that it does not mislead the consumer or the user, and that it does not differ from the food or feed it is intended to replace to such an extent that its normal consumption would be nutritionally disadvantageous for humans or animals. |
| --- | --- |

(1)

Articles 4(2) and 16(2) of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (2) provide that no genetically modified food or feed is to be placed on the Union market unless it is covered by an authorisation granted in accordance with that Regulation. Articles 4(3) and 16(3) of the same Regulation lay down that no genetically modified food and feed may be authorised unless it has been adequately and sufficiently demonstrated that it does not have adverse effects on human health, animal health or the environment, that it does not mislead the consumer or the user, and that it does not differ from the food or feed it is intended to replace to such an extent that its normal consumption would be nutritionally disadvantageous for humans or animals.

| (2) | In September 2006, rice products originating in or consigned from China, contaminated with the unauthorised genetically modified rice Bt 63, were discovered in the United Kingdom, France and Germany and were notified to the Rapid Alert System for Food and Feed (RASFF). Notwithstanding the measures announced by the Chinese authorities to control the presence of that unauthorised Genetically Modified Organism (GMO), several other alerts concerning the presence of the unauthorised genetically modified rice Bt 63 were subsequently reported. |
| --- | --- |

(2)

In September 2006, rice products originating in or consigned from China, contaminated with the unauthorised genetically modified rice Bt 63, were discovered in the United Kingdom, France and Germany and were notified to the Rapid Alert System for Food and Feed (RASFF). Notwithstanding the measures announced by the Chinese authorities to control the presence of that unauthorised Genetically Modified Organism (GMO), several other alerts concerning the presence of the unauthorised genetically modified rice Bt 63 were subsequently reported.

| (3) | Considering the continuing alerts and the lack of sufficient guarantees from the Chinese competent authorities concerning the absence of the unauthorised genetically modified rice Bt 63 in products originating in or consigned from China, Commission Decision 2008/289/EC (3) was adopted which introduced emergency measures regarding the unauthorised GMO Bt 63 in rice products. That Decision required that prior to placing on the market, operators should submit an analytical report to the relevant Member State competent authorities demonstrating that the consignment of rice products was not contaminated with genetically modified rice Bt 63. Additionally, that Decision provided for Member States to take appropriate measures, including random sampling and analysis carried out using a specific method described therein, concerning products presented for importation or already on the market. |
| --- | --- |

(3)

Considering the continuing alerts and the lack of sufficient guarantees from the Chinese competent authorities concerning the absence of the unauthorised genetically modified rice Bt 63 in products originating in or consigned from China, Commission Decision 2008/289/EC (3) was adopted which introduced emergency measures regarding the unauthorised GMO Bt 63 in rice products. That Decision required that prior to placing on the market, operators should submit an analytical report to the relevant Member State competent authorities demonstrating that the consignment of rice products was not contaminated with genetically modified rice Bt 63. Additionally, that Decision provided for Member States to take appropriate measures, including random sampling and analysis carried out using a specific method described therein, concerning products presented for importation or already on the market.

| (4) | In March 2010, Germany notified the RASFF with regard to the presence of new rice varieties carrying unauthorised genetic elements encoding insect resistance which had characteristics similar to the GMO Kefeng 6. Subsequently, several additional similar alerts were notified, which in addition to Kefeng 6, also included the presence of another insect resistant rice line which contained genetic elements similar to the GMO Kemingdao 1 (KMD1). Kefeng 6 and KMD1 are not authorised either in the Union or China. |
| --- | --- |

(4)

In March 2010, Germany notified the RASFF with regard to the presence of new rice varieties carrying unauthorised genetic elements encoding insect resistance which had characteristics similar to the GMO Kefeng 6. Subsequently, several additional similar alerts were notified, which in addition to Kefeng 6, also included the presence of another insect resistant rice line which contained genetic elements similar to the GMO Kemingdao 1 (KMD1). Kefeng 6 and KMD1 are not authorised either in the Union or China.

| (5) | All RASFF notifications were notified to the relevant Chinese authorities and additionally the Commission wrote to the authorities both in June 2010 and February 2011 requesting action to address the increasing number of alerts. |
| --- | --- |

(5)

All RASFF notifications were notified to the relevant Chinese authorities and additionally the Commission wrote to the authorities both in June 2010 and February 2011 requesting action to address the increasing number of alerts.

| (6) | The Food and Veterinary Office conducted an inspection in China in October 2008 with the objective of evaluating the implementation of Decision 2008/289/EC, which was subsequently followed up with another mission in March 2011. The conclusions of the 2008 mission and the initial findings of the 2011 mission indicated uncertainty as to the level, type and number of genetically modified rice varieties which may have contaminated rice products originating in or consigned from China, and that therefore there was a high risk of further introductions of unauthorised GMOs in such rice products. |
| --- | --- |

(6)

The Food and Veterinary Office conducted an inspection in China in October 2008 with the objective of evaluating the implementation of Decision 2008/289/EC, which was subsequently followed up with another mission in March 2011. The conclusions of the 2008 mission and the initial findings of the 2011 mission indicated uncertainty as to the level, type and number of genetically modified rice varieties which may have contaminated rice products originating in or consigned from China, and that therefore there was a high risk of further introductions of unauthorised GMOs in such rice products.

| (7) | In light of the findings of the 2008 and 2011 missions of the Food and Veterinary Office, and the numerous RASFF notifications concerning unauthorised genetically modified rice events, the measures provided by Decision 2008/289/EC should be enhanced accordingly so as to prevent any contaminated product being placed on the Union market. Therefore it is necessary to replace Decision 2008/289/EC by means of this Decision. |
| --- | --- |

(7)

In light of the findings of the 2008 and 2011 missions of the Food and Veterinary Office, and the numerous RASFF notifications concerning unauthorised genetically modified rice events, the measures provided by Decision 2008/289/EC should be enhanced accordingly so as to prevent any contaminated product being placed on the Union market. Therefore it is necessary to replace Decision 2008/289/EC by means of this Decision.

| (8) | Taking into account the fact that no genetically modified rice products are authorised in the Union, it is appropriate to extend the scope of measures provided for by Decision 2008/289/EC, which is limited to genetically modified rice Bt 63, and to broaden it to all genetically modified organisms found in rice products originating in or consigned from China. The obligation to provide an analytical report on sampling and analysis demonstrating the absence of genetically modified rice events, established by Decision 2008/289/EC, should be maintained. However, it is appropriate to reinforce Member State controls through enhanced frequency of sampling and analysis which should be set at 100 % of all consignments of rice products originating from China, and to introduce the obligation for food and feed operators to give prior notification of the estimated date, time and place of the physical arrival of the consignment. |
| --- | --- |

(8)

Taking into account the fact that no genetically modified rice products are authorised in the Union, it is appropriate to extend the scope of measures provided for by Decision 2008/289/EC, which is limited to genetically modified rice Bt 63, and to broaden it to all genetically modified organisms found in rice products originating in or consigned from China. The obligation to provide an analytical report on sampling and analysis demonstrating the absence of genetically modified rice events, established by Decision 2008/289/EC, should be maintained. However, it is appropriate to reinforce Member State controls through enhanced frequency of sampling and analysis which should be set at 100 % of all consignments of rice products originating from China, and to introduce the obligation for food and feed operators to give prior notification of the estimated date, time and place of the physical arrival of the consignment.

| (9) | Sampling methodologies play a crucial role in obtaining representative and comparable results; it is therefore appropriate to define a common protocol for sampling and analysis for the control of the absence of genetically modified rice in imports originating from China. The principles for reliable sampling procedures for bulk agricultural commodities are laid down in Commission Recommendation 2004/787/EC of 4 October 2004 on technical guidance for sampling and detection of genetically modified organisms and material produced from genetically modified organisms as or in products in the context of Regulation (EC) No 1830/2003 (4) and for prepacked food in CEN/TS 15568 or equivalent. With regard to feed, such principles laid down in Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (5) shall apply. |
| --- | --- |

(9)

Sampling methodologies play a crucial role in obtaining representative and comparable results; it is therefore appropriate to define a common protocol for sampling and analysis for the control of the absence of genetically modified rice in imports originating from China. The principles for reliable sampling procedures for bulk agricultural commodities are laid down in Commission Recommendation 2004/787/EC of 4 October 2004 on technical guidance for sampling and detection of genetically modified organisms and material produced from genetically modified organisms as or in products in the context of Regulation (EC) No 1830/2003 (4) and for prepacked food in CEN/TS 15568 or equivalent. With regard to feed, such principles laid down in Commission Regulation (EC) No 152/2009 of 27 January 2009 laying down the methods of sampling and analysis for the official control of feed (5) shall apply.

| (10) | Due to the number of potential genetically modified rice events, the lack of validated detection methods and control samples of adequate quality and quantity, and in order to facilitate controls, it is appropriate to replace the method for sampling and analysis provided for in the Decision 2008/289/EC with the analytical screening methods provided in Annex II. |
| --- | --- |

(10)

Due to the number of potential genetically modified rice events, the lack of validated detection methods and control samples of adequate quality and quantity, and in order to facilitate controls, it is appropriate to replace the method for sampling and analysis provided for in the Decision 2008/289/EC with the analytical screening methods provided in Annex II.

| (11) | The new proposed screening methods for analysis should be based on Recommendation 2004/787/EC. It particularly takes into account that currently available methods are qualitative and should address the detection of a unauthorised GMO for which there is no tolerance threshold for sampling and analysis. |
| --- | --- |

(11)

The new proposed screening methods for analysis should be based on Recommendation 2004/787/EC. It particularly takes into account that currently available methods are qualitative and should address the detection of a unauthorised GMO for which there is no tolerance threshold for sampling and analysis.

| (12) | The European Reference Laboratory for Genetically Modified Food and Feed (EU-RL GMFF) within the Joint Research Centre (JRC) verified and confirmed the suitability of the proposed screening methods for the detection of genetically modified rice. |
| --- | --- |

(12)

The European Reference Laboratory for Genetically Modified Food and Feed (EU-RL GMFF) within the Joint Research Centre (JRC) verified and confirmed the suitability of the proposed screening methods for the detection of genetically modified rice.

| (13) | For the purpose of the sampling and detecting activities required in order to prevent that products containing unauthorised rice events are placed on the market, it is necessary that both operators and official services follow such methods of sampling and analysis provided for in Annex II. In particular it is necessary that account is taken of the guidance provided by the EU-RL GMFF concerning the application of these methods. |
| --- | --- |

(13)

For the purpose of the sampling and detecting activities required in order to prevent that products containing unauthorised rice events are placed on the market, it is necessary that both operators and official services follow such methods of sampling and analysis provided for in Annex II. In particular it is necessary that account is taken of the guidance provided by the EU-RL GMFF concerning the application of these methods.

| (14) | Rice products, as listed in Annex I, originating in or consigned from China, should be released for free circulation only if they are accompanied by an analytical report and health certificate issued by the Entry Exit Inspection and Quarantine Bureau of the People’s Republic of China (AQSIQ) in accordance with the models laid down in Annex III and IV to this Decision. |
| --- | --- |

(14)

Rice products, as listed in Annex I, originating in or consigned from China, should be released for free circulation only if they are accompanied by an analytical report and health certificate issued by the Entry Exit Inspection and Quarantine Bureau of the People’s Republic of China (AQSIQ) in accordance with the models laid down in Annex III and IV to this Decision.

| (15) | In order to be able to have a continuous assessment of the control measures, it is appropriate to introduce an obligation for Member States to report regularly to the Commission concerning official controls on consignments of rice products originating or consigned from China. |
| --- | --- |

(15)

In order to be able to have a continuous assessment of the control measures, it is appropriate to introduce an obligation for Member States to report regularly to the Commission concerning official controls on consignments of rice products originating or consigned from China.

| (16) | The measures provided for in this Decision should be proportionate and no more restrictive of trade than is required and should therefore cover only products originating in or consigned from China and considered likely to be contaminated with unauthorised genetically modified rice events. Given the range of products that could be contaminated with such unauthorised genetically modified rice events, it seems appropriate to target all food and feed products which have rice listed as an ingredient. Some products, however, may or may not be containing, consisting or produced from rice. It seems therefore proportionate to allow operators to issue a simple declaration when the product is not containing, consisting or produced from rice, thus avoiding the compulsory analysis and certification. |
| --- | --- |

(16)

The measures provided for in this Decision should be proportionate and no more restrictive of trade than is required and should therefore cover only products originating in or consigned from China and considered likely to be contaminated with unauthorised genetically modified rice events. Given the range of products that could be contaminated with such unauthorised genetically modified rice events, it seems appropriate to target all food and feed products which have rice listed as an ingredient. Some products, however, may or may not be containing, consisting or produced from rice. It seems therefore proportionate to allow operators to issue a simple declaration when the product is not containing, consisting or produced from rice, thus avoiding the compulsory analysis and certification.

| (17) | The situation concerning the possible contamination of rice product with unauthorised genetically modified rice lines should be reviewed within 6 months in order to assess whether the measures provided for in this Decision are still necessary. |
| --- | --- |

(17)

The situation concerning the possible contamination of rice product with unauthorised genetically modified rice lines should be reviewed within 6 months in order to assess whether the measures provided for in this Decision are still necessary.

| (18) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(18)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Scope

This Decision shall apply to rice products listed in Annex I, originating in or consigned from China.

Article 2

Definitions

1.   For the purposes of this Decision, the definitions laid down in Articles 2 and 3 of Regulation (EC) No 178/2002, Article 2 of 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 (6) and Article 3(b) and (c) of Commission Regulation (EC) No 669/2009 (7) on increased controls on imports of certain feed and food of non-animal origin shall apply.

2.   The following definitions shall also apply:

(a)   Lot: a distinct and specified quantity of material.

(b)   Increment sample: small equal quantity of product taken from each individual sampling point in the lot through the full depth of the lot (static sampling), or taken from the product stream during a stated portion of time (flowing commodities sampling).

(c)   Bulk sample: quantity of product obtained by combining and mixing the increments taken from a specific lot.

(d)   Laboratory sample: quantity of product taken from the bulk sample intended for laboratory inspection and testing.

(e)   Analytical sample: homogenised laboratory sample, consisting either of the whole laboratory sample or a representative portion thereof.

Article 3

Prior notification

Feed and food business operators or their representatives shall give adequate prior notification of the estimated date and time at the designated point of entry of the physical arrival of the consignment and of the nature of the consignment. Operators must also indicate the designation of the product as to whether it is food or feed.

Article 4

Import conditions

1.   Each consignment of products referred to in Article 1 shall be accompanied by an analytical report for each lot, and by a health certificate in accordance with the models set out in Annexes III and IV, completed, signed and verified by an authorised representative of the ‘Entry Exit Inspection and Quarantine Bureau of the People’s Republic of China’ (AQSIQ).

2.   Where a product referred to in Annex I is not containing, consisting of or produced from rice, the analytical report and the health certificate may be replaced by a statement from the operator responsible for the consignment indicating that the food or feed is not containing, consisting or produced from rice.

3.   Sampling and analysis for the purposes of the analytical report referred to in paragraph 1 shall be performed in accordance with Annex II.

4.   Each consignment shall be identified with the code appearing on the health certificate. Each individual bag, or other packaging form, of the consignment shall be identified with that code.

Article 5

Official controls

1.   The competent authority of a Member State shall ensure that all the products referred to in Article 1 are subject to documentary checks to ensure that the import conditions provided for in Article 4 are complied with.

2.   Where a consignment of products other than those described in Article 4(2) is not accompanied by a health certificate and the analytical report provided for in Article 4, the consignment shall be re-dispatched to the country of origin or destroyed.

3.   Where a consignment is accompanied by the health certificate and the analytical report provided for in Article 4 the competent authority shall take a sample for analysis in accordance with Annex II for the presence of unauthorised GMOs with a frequency of 100 %. If the consignment consists of several lots, each lot shall be submitted to sampling and analysis.

4.   The competent authority may authorise onward transportation of the consignment pending the results of the physical checks. In such a case the consignment shall remain under the continuous control of the competent authorities pending the results of the physical checks.

5.   The release for free circulation of consignments shall only be allowed when, following sampling and analyses performed in accordance with Annex II, all lots of that consignment are considered compliant with Union Law.

Article 6

Reporting to the Commission

1.   Member States shall prepare a report every 3 months, giving an account of all the results of all analytical tests carried out in the previous 3 months on consignments of the products referred to in Article 1.

Those reports shall be submitted to the Commission during the month following each three-month period, in April, July, October, and January.

2.   The report shall include the following information:

| (a) | the number of consignments subjected to sampling for analysis; |
| --- | --- |

(a)

the number of consignments subjected to sampling for analysis;

| (b) | the results of the checks as provided for in Article 5; |
| --- | --- |

(b)

the results of the checks as provided for in Article 5;

| (c) | the number of consignments which have been rejected due to the absence of a health certificate or an analytical report. |
| --- | --- |

(c)

the number of consignments which have been rejected due to the absence of a health certificate or an analytical report.

Article 7

Splitting of a consignment

Consignments shall not be split until all official controls have been completed by the competent authorities.

In the case of subsequent splitting following official control, an authenticated copy of the health certificate and the analytical report shall accompany each part of the split consignment.

Article 8

Costs

All costs resulting from the official controls including sampling, analysis, storage and any measures taken following non-compliance, shall be borne by the food and feed business operators.

Article 9

Transitional provisions

By way of derogation from Article 4(1), Member States shall authorise the imports of consignments of products referred to in Article 1 which left China prior to 1st of February 2012 provided that sampling and analysis has been conducted in accordance with the Article 4.

Article 10

Review of the measure

The measures provided for in this Decision shall be reviewed by the 6 months following adoption at the latest.

Article 11

Repeal

Decision 2008/289/EC is hereby repealed.

References to the repealed Decision shall be construed as references to this Decision.

Article 12

Entry into force

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Done at Brussels, 22 December 2011.

For the Commission

The President

José Manuel BARROSO

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(1)  OJ L 31, 1.2.2002, p. 1.

1

(2)  OJ L 268, 18.10.2003, p. 1.

2

(3)  OJ L 96, 9.4.2008, p. 29.

3

(4)  OJ L 348, 24.11.2004, p. 18.

4

(5)  OJ L 54, 26.2.2009, p. 1.

5

(6)  OJ L 165, 30.4.2004, p. 1.

6

(7)  OJ L 194, 25.7.2009, p. 11.

7

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ANNEX I

LIST OF PRODUCTS

| Product | CN code |
| --- | --- |
| Rice in the husk (‘paddy’ or rough) | 1006 10 |
| Husked (brown) rice | 1006 20 |
| Semi-milled or wholly milled rice, whether or not polished or glazed | 1006 30 |
| Broken rice | 1006 40 00 |
| Rice flour | 1102 90 50 |
| Rice groats and meal | 1103 19 50 |
| Rice pellets | 1103 20 50 |
| Flaked rice grains | 1104 19 91 |
| Rolled or flaked cereal grains (excluding grains of oats, wheat, rye, maize and barley, and flaked rice) | 1104 19 99 |
| Rice starch | 1108 19 10 |
| Preparations for infant use, put up for retail sale | 1901 10 00 |
| Uncooked pasta, not stuffed or otherwise prepared, containing eggs | 1902 11 00 |
| Uncooked pasta, not stuffed or otherwise prepared, not containing eggs | 1902 19 |
| Stuffed pasta, whether or not cooked or otherwise prepared | 1902 20 |
| Other pasta (other than uncooked pasta, not stuffed or otherwise prepared, and other than stuffed pasta, whether or not cooked or otherwise prepared) | 1902 30 |
| Prepared foods obtained by swelling or roasting cereals or cereal products, obtained from rice | 1904 10 30 |
| Preparations of the muesli-type based on unroasted cereal flakes | 1904 20 10 |
| Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals, obtained from rice (excluding preparations of the muesli-type on the basis of unroasted cereal flakes) | 1904 20 95 |
| Rice, pre-cooked or otherwise prepared, not elsewhere specified or included (excluding flour, groats and meal, food preparations obtained by swelling or roasting or from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals) | 1904 90 10 |
| Ricepaper | ex 1905 90 20 |
| Biscuits | 1905 90 45 |
| Extruded or expanded products, savoury or salted | 1905 90 55 |
| Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice with a starch content not exceeding 35 % by weight | 2302 40 02 |
| Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice other than with a starch content not exceeding 35 % by weight | 2302 40 08 |
| Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed | 3504 00 00 |

Product

CN code

Rice in the husk (‘paddy’ or rough)

1006 10

Husked (brown) rice

1006 20

Semi-milled or wholly milled rice, whether or not polished or glazed

1006 30

Broken rice

1006 40 00

Rice flour

1102 90 50

Rice groats and meal

1103 19 50

Rice pellets

1103 20 50

Flaked rice grains

1104 19 91

Rolled or flaked cereal grains (excluding grains of oats, wheat, rye, maize and barley, and flaked rice)

1104 19 99

Rice starch

1108 19 10

Preparations for infant use, put up for retail sale

1901 10 00

Uncooked pasta, not stuffed or otherwise prepared, containing eggs

1902 11 00

Uncooked pasta, not stuffed or otherwise prepared, not containing eggs

1902 19

Stuffed pasta, whether or not cooked or otherwise prepared

1902 20

Other pasta (other than uncooked pasta, not stuffed or otherwise prepared, and other than stuffed pasta, whether or not cooked or otherwise prepared)

1902 30

Prepared foods obtained by swelling or roasting cereals or cereal products, obtained from rice

1904 10 30

Preparations of the muesli-type based on unroasted cereal flakes

1904 20 10

Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals, obtained from rice (excluding preparations of the muesli-type on the basis of unroasted cereal flakes)

1904 20 95

Rice, pre-cooked or otherwise prepared, not elsewhere specified or included (excluding flour, groats and meal, food preparations obtained by swelling or roasting or from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals)

1904 90 10

Ricepaper

ex 1905 90 20

Biscuits

1905 90 45

Extruded or expanded products, savoury or salted

1905 90 55

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice with a starch content not exceeding 35 % by weight

2302 40 02

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of rice other than with a starch content not exceeding 35 % by weight

2302 40 08

Peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; hide powder, whether or not chromed

3504 00 00

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ANNEX II

Methods of sampling and analysis for official control regarding unauthorised genetically modified organism in rice products originating from China

1.   General provisions

Samples intended for the official control for the absence of GM rice in rice products shall be taken according to the methods described in this Annex. The bulk samples thus obtained shall be considered as representative of the lots from which they are taken.

2.   Sampling

2.1.   Sampling lots of bulk commodities and preparation of the analytical samples

The number of incremental samples which make up the bulk sample and the preparation of the analytical samples shall be made in accordance with Recommendation 2004/787/EC and Regulation (EC) No 152/2009 for feed. The size of the laboratory sample shall be 2,5 kg but may be reduced to 500 grams for processed food or feed. For the purpose of Article 11(5) of Regulation (EC) No 882/2004, a second laboratory sample shall be constituted from the bulk sample.

2.2.   Sampling of prepacked food and feed

The number of incremental samples for the constitution of the bulk sample and the preparation of the analytical samples shall be made in accordance with CEN/ISO 15568 or equivalent. The size of the laboratory sample shall be 2,5 kg but may be reduced to 500 grams for processed food or feed. For the purpose of Article 11(5) of Regulation (EC) No 882/2004, a second laboratory sample shall be constituted from the bulk sample.

3.   Analysis of the laboratory sample

The laboratory analysis at the point of origin shall be carried out in a designated AQSIQ laboratory, and prior to release for free circulation in the Union in a Member State designated official control laboratory. Screening tests shall be performed by real-time PCR according to the method published by the EU-RL GMFF (1), for at least the following genetic elements: the CAMV (Cauliflower Mosaic Virus) 35S promoter, the NOS (nopaline synthase) terminator from Agrobacterium tumefaciens and the engineered CryIAb, CryIAc and/or CryIAb/CryIAc from Bacillus thuringiensis.

In the case of grain samples the designated control laboratory shall take from the homogenised laboratory sample four analytical samples of 240 grams (equivalent 10 000 rice grains). For processed products such as flour, pasta or starch the analytical samples this may be reduced to 125 grams. The four analytical samples shall be ground and further analysed separately. Two extractions shall be made from each analytical sample. One PCR test for each GM genetic element shall be made for each extraction in accordance with the screening methods detailed under point 4 below. The consignment shall be considered non-compliant if at least one GM genetic element is considered detectable in at least one analytical sample of the consignment according to the guidelines provided in the EU-RL report.

4.   The following analytical methods shall be used:

| (a) | For screening for the CAMV (Cauliflower Mosaic Virus) 35S promoter and the NOS (nopaline synthase) terminator from Agrobacterium tumefaciens.
  ISO 21570: 2005 Methods of analysis for the detection of genetically modified organisms and derived products—quantitative nucleic acid based methods. Annex B1.
  H.-U. Waiblinger et al., (2008) ‘Validation and collaborative study of a P35S and T-nos duplex real-time screening method to detect genetically modified organisms in food products’ Eur. Food Res. and Technol., Volume 226, 1221-1228.
  E. Barbau-Piednoir et al., (2010) ‘SYBR®Green qPCR screening methods for the presence of “35S promoter” and “NOS terminator” elements in food and feed products’ Eur. Food Res. and Technol Volume 230, 383-393.
  Reiting R, Broll H, Waiblinger HU, Grohmann L (2007) Collaborative study of a T-nos real-time PCR method for screening of genetically modified organisms in food products. J Verbr Lebensm 2:116–121. |
| --- | --- |

(a)

For screening for the CAMV (Cauliflower Mosaic Virus) 35S promoter and the NOS (nopaline synthase) terminator from Agrobacterium tumefaciens.

ISO 21570: 2005 Methods of analysis for the detection of genetically modified organisms and derived products—quantitative nucleic acid based methods. Annex B1.

H.-U. Waiblinger et al., (2008) ‘Validation and collaborative study of a P35S and T-nos duplex real-time screening method to detect genetically modified organisms in food products’ Eur. Food Res. and Technol., Volume 226, 1221-1228.

E. Barbau-Piednoir et al., (2010) ‘SYBR®Green qPCR screening methods for the presence of “35S promoter” and “NOS terminator” elements in food and feed products’ Eur. Food Res. and Technol Volume 230, 383-393.

Reiting R, Broll H, Waiblinger HU, Grohmann L (2007) Collaborative study of a T-nos real-time PCR method for screening of genetically modified organisms in food products. J Verbr Lebensm 2:116–121.

| (b) | For screening for the engineered CryIAb, CryIAc and/or CryIAb/CryIAc from Bacillus thuringiensis.
  E. Barbau-Piednoir et al., (in press) ‘Four new SYBR®Green qPCR screening methods for the detection of Roundup Ready®, LibertyLink® and CryIAb traits in genetically modified products’ Eur. Food Res. and Technol DOI 10.1007/s00217-011-1605-7.
  Following verification of the specificity of the methods by the EU-RL GMFF on a wide variety of Chinese rice samples such method shall be considered as appropriate for these screening purposes. |
| --- | --- |

(b)

For screening for the engineered CryIAb, CryIAc and/or CryIAb/CryIAc from Bacillus thuringiensis.

E. Barbau-Piednoir et al., (in press) ‘Four new SYBR®Green qPCR screening methods for the detection of Roundup Ready®, LibertyLink® and CryIAb traits in genetically modified products’ Eur. Food Res. and Technol DOI 10.1007/s00217-011-1605-7.

Following verification of the specificity of the methods by the EU-RL GMFF on a wide variety of Chinese rice samples such method shall be considered as appropriate for these screening purposes.

5.   The application of the above screening methods shall take into consideration the guidance document published by the EU RL GMFF.

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(1)  http://gmo-crl.jrc.ec.europa.eu

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ANNEX III

MODEL OF HEALTH CERTIFICATE

Image

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ANNEX IV

MODEL OF ANALYTICAL REPORT

Note: please compile an annex form for each sample tested

| Parameter to be reported | Information provided |
| --- | --- |
| Name and address of the test laboratory (1) | |
| Test report identification code (1) | <<000>> |
| Laboratory sample identification code (1) | <<000>> |
| Size of laboratory sample (1) | X kg |
| In case of sample division:
  Number and size of analytical samples | X analytical samples of Y g |
| Number and size of test portions analysed (1) | X test portions of Y mg |
| Total DNA amount analysed (1) | X ng/PCR |
| DNA sequence(s) tested for (1): | For each of the following provide reference to the method used and the average Ct number obtained | Rice marker: |

Parameter to be reported

Information provided

Name and address of the test laboratory (1)

Test report identification code (1)

<<000>>

Laboratory sample identification code (1)

<<000>>

Size of laboratory sample (1)

X kg

In case of sample division:

Number and size of analytical samples

X analytical samples of Y g

Number and size of test portions analysed (1)

X test portions of Y mg

Total DNA amount analysed (1)

X ng/PCR

DNA sequence(s) tested for (1):

For each of the following provide reference to the method used and the average Ct number obtained

Rice marker:

| | 35S promoter: |
| --- | --- |

35S promoter:

| | NOS terminator: |
| --- | --- |

NOS terminator:

| | CryIAb/CryIAc: |
| --- | --- |

CryIAb/CryIAc:

Other sequence(s) tested for:

Validation status: (e.g. inter-laboratory validated, in-house validated [please indicate according to which standard, guideline])

Description of DNA sequences detected (reference + target genes):

Specificity of the method (screening, construct-specific or event-specific):

Absolute Limit of Detection (copy number):

Practical Limit of Detection (LOD related to the sample analysed), if determined:

Description of positive controls for target DNA, and reference materials (1)

Source and nature of the positive control and reference materials (e.g. plasmid, genomic DNA, CRM ...)

Information on the positive control (1)

Please indicate the amount (in ng DNA) of positive control analysed and the average Ct number obtained

Comments

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(1)  Obligatory fields

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Corrigenda

| 23.12.2011 | EN | Official Journal of the European Union | L 343/149 |
| --- | --- | --- | --- |

23.12.2011

EN

Official Journal of the European Union

L 343/149

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Corrigendum to Commission Decision 2008/312/Euratom of 5 March 2008 establishing the standard document for the supervision and control of shipments of radioactive waste and spent fuel referred to in Council Directive 2006/117/Euratom

(
  Official Journal of the European Union L 107 of 17 April 2008
  )

On page 58, Annex, explanatory note 33(c):

for:

‘... and submit this section directly to the competent authority which issued the authorisation. ...’,

read:

‘... and submit this section directly to the competent authority of the Member State of destination. ...’.

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