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name: commission implementing decision (eu) 2017/2289 of 11 december 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (notified under document c(2017) 8631) (text with eea relevance. ) type: decision_impl subject matter: regions of eu member states; agricultural activity; international trade; agricultural policy; europe date published: 2017-12-12 12.12.2017 en official journal of the european union l 328/126 commission implementing decision (eu) 2017/2289 of 11 december 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (notified under document c(2017) 8631) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, whereas: (1) commission implementing decision (eu) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5 in a number of member states (the concerned member states), and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with article 16(1) of council directive 2005/94/ec (4). (2) implementing decision (eu) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned member states in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annex to that implementing decision. implementing decision (eu) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in article 29(1) and article 31 of directive 2005/94/ec, are to be maintained until at least the dates for those zones set out in the annex to that implementing decision. (3) since the date of its adoption, implementing decision (eu) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the union as regards avian influenza. in particular, implementing decision (eu) 2017/247 was amended by commission implementing decision (eu) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the annex to implementing decision (eu) 2017/247. that amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities. (4) implementing decision (eu) 2017/247 was also subsequently amended by commission implementing decision (eu) 2017/1841 (6) in order to strengthen the disease control measures applicable where there is an increased risk for the spread of highly pathogenic avian influenza. consequently, implementing decision (eu) 2017/247 now provides for the establishment at union level of further restricted zones in the concerned member states, as referred to in article 16(4) of directive 2005/94/ec, following an outbreak or outbreaks of highly pathogenic avian influenza, and the duration of the measures to be applied therein. implementing decision (eu) 2017/247 now also lays down rules for the dispatch of live poultry, day-old chicks and hatching eggs from the further restricted zones to other member states, subject to certain conditions. (5) in addition, the annex to implementing decision (eu) 2017/247 has been amended numerous times, mainly to take account of changes in the boundaries of the protection and surveillance zones established by the concerned member states in accordance with directive 2005/94/ec. the annex to implementing decision (eu) 2017/247 was last amended by commission implementing decision (eu) 2017/2175 (7), following the notification by bulgaria and italy of new outbreaks of highly pathogenic avian influenza in those member states. bulgaria notified the commission of two outbreaks of highly pathogenic avian influenza of subtype h5n8 in poultry holdings in the regions of sliven and yambol of that member state. italy notified the commission of outbreaks of highly pathogenic avian influenza of subtype h5n8 in poultry holdings in the regions of lombardia, piemonte and lazio of that member state. those member states also notified the commission that they had duly taken the necessary measures required in accordance with directive 2005/94/ec following those outbreaks, including the establishment of protection and surveillance zones around the infected poultry holdings, and in the case of italy the enlargement of the further restricted zones. (6) since the date of the last amendment made to implementing decision (eu) 2017/247 by implementing decision (eu) 2017/2175, bulgaria has notified the commission of a recent outbreak of highly pathogenic avian influenza of subtype h5n8 in a poultry holding in the region of stara zagora of that member state. bulgaria has also notified the commisssion that it has taken the necessary measures required in accordance with directive 2005/94/ec following that recent outbreak, including the establishment of protection and surveillance zones around the infected poultry holding. (7) in addition, italy has notified the commission of further outbreaks of highly pathogenic avian influenza of subtype h5n8 in poultry holdings, located in the region of lombardia and veneto of that member state. italy has also notified the commission that it has taken the necessary measures required in accordance with directive 2005/94/ec following these recent outbreaks, including the establishment of protection and surveillance zones around the infected poultry holdings. (8) the commission has examined the measures taken by bulgaria and italy in accordance with directive 2005/94/ec, following the recent outbreaks of highly pathogenic avian influenza in those member states, and it is satisfied that the boundaries of the protection and surveillance zones established by the competent authorities of those two member states are at a sufficient distance to any poultry holding where an outbreak of highly pathogenic avian influenza of subtype h5n8 has been confirmed. (9) in order to prevent any unnecessary disturbance to trade within the union, and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at union level, in collaboration with bulgaria and italy, the protection and surveillance zones established in those two member states, in accordance with directive 2005/94/ec, following the recent outbreaks of highly pathogenic avian influenza in those member states. therefore, the entries for bulgaria and italy in the annex to implementing decision (eu) 2017/247 should be updated to take account of the up-to-date epidemiological situation in those member states as regards that disease. in particular, new entries for the protection and surveillance zones in bulgaria and italy, now subject to restrictions in accordance with directive 2005/94/ec, should be added to the lists in the annex to implementing decision (eu) 2017/247. (10) the annex to implementing decision (eu) 2017/247 should therefore be amended to update regionalisation at union level in order to include the protection and surveillance zones established in bulgaria and italy in accordance with directive 2005/94/ec, following the recent outbreaks of highly pathogenic avian influenza in those member states, and the duration of the restrictions applicable therein. (11) implementing decision (eu) 2017/247 should therefore be amended accordingly. (12) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 the annex to implementing decision (eu) 2017/247 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 11 december 2017. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) commission implementing decision (eu) 2017/247 of 9 february 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 36, 11.2.2017, p. 62). (4) council directive 2005/94/ec of 20 december 2005 on community measures for the control of avian influenza and repealing directive 92/40/eec (oj l 10, 14.1.2006, p. 16). (5) commission implementing decision (eu) 2017/696 of 11 april 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 101, 13.4.2017, p. 80). (6) commission implementing decision (eu) 2017/1841 of 10 october 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 261, 11.10.2017, p. 26). (7) commission implementing decision (eu) 2017/2175 of 21 november 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 306, 22.11.2017, p. 31). annex the annex to implementing decision (eu) 2017/247 is amended as follows: (1) part a is amended as follows: (a) the entry for bulgaria is replaced by the following: member state: bulgaria area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec stara zagora region, municipality of chirpan gita darjava svoboda oslarka 15.12.2017 (b) the entry for italy is replaced by the following: member state: italy area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec the area of the parts of lombardia region (adns 17/0075) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,297588 e10,221751 7.12.2017 the area of the parts of lombardia region (adns 17/0076) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,280826 e10,219352 6.12.2017 the area of the parts of lombardia region (adns 17/0077) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,264774 e10,205204 5.12.2017 the area of the parts of lombardia region (adns 17/0078) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,267177 e10,233081 5.12.2017 the area of the parts of lombardia region (adns 17/0079) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,291849 e10,220940 6.12.2017 the area of the parts of lombardia region (adns 17/0080) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45.259133 e10.317484 16.12.2017 the area of the parts of veneto region (adns 17/0082) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45.707605 e11.947517 29.12.2017 (2) part b, is amended as follows: (a) the entry for bulgaria is replaced by the following: member state: bulgaria area comprising date until applicable in accordance with article 31 of directive 2005/94/ec sliven region, municipality of sliven glushnik kaloyanovo from 25.11.2017 to 3.12.2017 sliven trapoklovo dragodanovo kamen topolchane sotirya sedlarevo 3.12.2017 zhelyu voyvoda blatets gorno aleksandorvo 7.12.2017 yambol region municipality of straldzha zimnitsa charda from 30.11.2017 to 7.12.2017 municipality of straldzha straldzha atolovo vodenichene dzinot lozentets municipality of tundzha mogila veselinovo kabile chargan municipality of yambol yambol city 7.12.2017 stara zagora region municipality of chirpan gita darjava svoboda oslarka from 16.12.2017 to 24.12.2017 municipality of chirpan chirpan dimitrievo malko tranovo rupkite svoboda tselina tsenovo volovarovo yazdach zetiovo zlatna livada municipality of stara zagora vodenicharovo samuilovo kozarevec 24.12.2017 haskovo region, municipality of dimitrovgrad merichleri velikan 24.12.2017 (b) the entry for italy is replaced by the following: member state: italy area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec the area of the parts of lombardia region (adns 17/0060) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,275251 e10,160212 from 29.11.2017 to 7.12.2017 the area of the parts of lombardia region (adns 17/0060) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,275251 e10,160212 7.12.2017 the area of the parts of lombardia region (adns 17/0061) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,273215 e10,15843 from 29.11.2017 to 7.12.2017 the area of the parts of lombardia region (adns 17/0061) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,273215 e10,15843 7.12.2017 the area of the parts of lombardia region (adns 17/0062) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,279373 e 10,243124 from 29.11.2017 to 7.12.2017 the area of the parts of lombardia region (adns 17/0062) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,279373 e 10,243124 7.12.2017 the area of the parts of lombardia region (adns 17/0063) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,244372 e10,19965 from 29.11.2017 to 7.12.2017 the area of the parts of lombardia region (adns 17/0063) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n 45,244372 e 10,19965 7.12.2017 the area of the parts of lombardia region (adns 17/0064) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,551421 e9,742449 from 27.11.2017 to 5.12.2017 the area of the parts of lombardia region (adns 17/0064) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,551421 e9,742449 5.12.2017 the area of the parts of lombardia region (adns 17/0065) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,247829 e10,173639 from 28.11.2017 to 6.12.2017 the area of the parts of lombardia region (adns 17/0065) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,247829 e10,173639 6.12.2017 the area of the parts of lombardia region (adns 17/0066) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,314835 e10,183902 from 29.11.2017 to 7.12.2017 the area of the parts of lombardia region (adns 17/0066) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,314835 e10,183902 7.12.2017 the area of the parts of lombardia region (adns 17/0067) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,268601 e10,198274 from 30.11.2017 to 8.12.2017 the area of the parts of lombardia region (adns 17/0067) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,268601 e10,198274 8.12.2017 the area of the parts of lombardia region (adns 17/0068) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,287212 e10,211417 from 30.11.2017 to 8.12.2017 the area of the parts of lombardia region (adns 17/0068) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,287212 e10,211417 8.12.2017 the area of the parts of lombardia region (adns 17/0069) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,257394 e10,236272 from 1.12.2017 to 9.12.2017 the area of the parts of lombardia region (adns 17/0069) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,257394 e10,236272 9.12.2017 the area of the parts of lombardia region (adns 17/0070) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,294615 e10,262587 from 5.12.2017 to 13.12.2017 the area of the parts of lombardia region (adns 17/0070) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,294615 e10,262587 13.12.2017 the area of the parts of piemonte region (adns 17/0071) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,028312 e8,129643 from 2.12.2017 to 10.12.2017 the area of the parts of piemonte region (adns 17/0071) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,028312 e8,129643 10.12.2017 the area of the parts of lombardia region (adns 17/0072) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,279698 e10.2546060 from 3.12.2017 to 11.12.2017 the area of the parts of lombardia region (adns 17/0072) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,279698 e10.2546060 11.12.2017 the area of the parts of lazio region (adns 17/0073) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n41,933396 e12,82672 from 27.11.2017 to 5.12.2017 the area of the parts of lazio region (adns 17/0073) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n41,933396 e12,82672 5.12.2017 the area of the parts of lombardia region (adns 17/0074) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,221999 e10,142106 from 3.12.2017 to 11.12.2017 the area of the parts of lombardia region (adns 17/0074) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,221999 e10,142106 11.12.2017 the area of the parts of lombardia region (adns 17/0075) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,297588 e10,221751 from 8.12.2017 to 16.12.2017 the area of the parts of lombardia region (adns 17/0075) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,297588 e10,221751 16.12.2017 the area of the parts of lombardia region (adns 17/0076) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,280826 e10,219352 from 7.12.2017 to 15.12.2017 the area of the parts of lombardia region (adns 17/0076) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,280826 e10,219352 15.12.2017 the area of the parts of lombardia region (adns 17/0077) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,264774 e10,205204 from 6.12.2017 to 14.12.2017 the area of the parts of lombardia region (adns 17/0077) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,264774 e10,205204 14.12.2017 the area of the parts of lombardia region (adns 17/0078) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,267177 e10,233081 from 6.12.2017 to 14.12.2017 the area of the parts of lombardia region (adns 17/0078) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,267177 e10,233081 14.12.2017 the area of the parts of lombardia region (adns 17/0079) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,291849 e10,220940 from 7.12.2017 to 15.12.2017 the area of the parts of lombardia region (adns 17/0079) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,291849 e10,220940 15.12.2017 the area of the parts of lombardia region (adns 17/0080) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45.259133 e10.317484 from 17.12.2017 to 25.12.2017 the area of the parts of lombardia region (adns 17/0080) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45.259133 e10.317484 25.12.2017 the area of the parts of veneto region (adns 17/0082) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45.707605 e11.947517 from 30.12.2017 to 7.1.2018 the area of the parts of veneto region (adns 17/0082) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45.707605 e11.947517 7.1.2018

name: commission implementing decision (eu) 2017/2288 of 11 december 2017 on the identification of ict technical specifications for referencing in public procurement (text with eea relevance. ) type: decision_impl subject matter: technology and technical regulations; information technology and data processing; trade policy; information and information processing; communications date published: 2017-12-12 12.12.2017 en official journal of the european union l 328/123 commission implementing decision (eu) 2017/2288 of 11 december 2017 on the identification of ict technical specifications for referencing in public procurement (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council (1), and in particular article 13(1) thereof, after consulting the european multi-stakeholder platform on ict standardisation and sectoral experts whereas: (1) standardisation plays an important role in supporting the europe 2020 strategy (2). several flagship initiatives of the europe 2020 strategy underlined the importance of voluntary standardisation in product or services markets to assure the compatibility and interoperability between products and services, foster technological development and support innovation. (2) standards are essential for european competitiveness and crucial for innovation and progress. the commission communications on the single market (3) and the digital single market (4) confirm the relevance of common standards to ensure the necessary interoperability of networks and systems in the european digital economy. this is reinforced with the adoption of the communication on ict standardisation priorities (5) where the commission identifies priority ict technologies where standardisation is considered critical to the completion of the digital single market. (3) the communication from the commission entitled a strategic vision for european standards: moving forward to enhance and accelerate the sustainable growth of the european economy by 2020 (6) recognised the specificity of standardisation in the field of information and communication technologies (ict), where solutions, applications and services are often developed by global ict fora and consortia that are today leading ict standards development organisations. (4) regulation (eu) no 1025/2012 on european standardisation established a system whereby the commission may decide to identify the most relevant and most widely accepted ict technical specifications issued by organisations that are not european, international or national standardisation organisations, that might then be referenced, primarily to enable interoperability in public procurement. the possibility of using the full range of ict technical specifications when procuring hardware, software and information technology services will enable interoperability between devices, services and applications, will help public administrations to avoid lock-in that occurs when the public procurer cannot change a provider after the expiration of the procurement contract because using ict proprietary solutions, and it will encourage competition in the supply of interoperable ict solutions. (5) for the ict technical specifications to be eligible for referencing in public procurement they must comply with the requirements set out in annex ii to regulation (eu) no 1025/2012. compliance with those requirements guarantees the public authorities that the ict technical specifications are established in accordance with the principles of openness, transparency, impartiality and consensus that are recognised by the world trade organisation in the field of standardisation. (6) the decision to identify the ict specification is to be adopted after consultation of the european multi-stakeholder platform on ict standardisation set up by commission decision 2011/c 349/04 (7) complemented by other forms of consultation of sectoral experts. (7) the european multi-stakeholder platform on ict standardisation evaluated and gave a positive advice to the identification of the following technical specifications for referencing in public procurement: spf-sender policy framework for authorizing use of domains in email (spf), starttls-smtp service extension for secure smtp over transport layer security (starttls-smtp) and dane-smtp security via opportunistic dns-based authentication of named entities transport layer security (dane-smtp) developed by internet engineering task force (ietf); structured threat information expression (stix 1.2) and trusted automated exchange of indicator information (taxii 1.1) developed by the organization for the advancement of structured information standards (oasis). the evaluation and advice of the platform was subsequently submitted to consultation of sectoral experts who confirmed the positive advice to its identification. (8) spf technical specification developed by ietf is an open standard that specifies a technical method to detect sender address falsification. spf offers the option of checking whether a message is sent from a server that is authorised to do so. it is a simple email-validation system designed to detect email spoofing by providing a mechanism to allow receiving mail exchangers to check that incoming mail from a domain comes from a host authorised by that domain's administrators. the purpose of spf is to prevent spammers from sending messages with forged from-addresses at a particular domain. recipients can refer to an spf record to determine whether a message purporting to be from that domain comes from an authorised mail server. (9) starttls-smtp developed by ietf, is a way to take an existing insecure connection and upgrade it to a secure connection. starttls is an extension to the simple mail transfer protocol (smtp) service that allows an smtp server and client to use transport layer security (tls) to provide private, authenticated communication over the internet. particularly unsecured e-mail communication supplies a major attack vector for breaching government networks. if a user sends an e-mail, the mail server of the user's mail provider will send this e-mail to the mail server of the receiver. the connection between these mail servers can be secured in advance with tls. starttls offers a way to upgrade an unencrypted (plain-text) connection to an encrypted tls-connection. (10) dane-smtp developed by ietf is a suite of protocols to enhance internet security by allowing keys to be placed into domain name system (dns) and secured by dnssec (dns security). when establishing a secure connection with an unknown party, an online check of the authenticity of the sending party and the destination is desirable. this can be done by certificates issued by certificate authorities (cas) within the pki system, or by self-signed certificates. dane allows the holder of a domain (registrant) to provide additional information on top of the online certificates through a dnssec-secured dns record. dane is therefore particularly important for combating active attackers. (11) stix 1.2 developed by oasis is a language for describing cyber threat information in a standardised and structured manner. it covers major topics when it comes to cyber threat data, facilitating the analysis and exchange about attacks. it characterises an extensive set of cyber threat information, including indicators of adversary activity such as ip addresses and file hashes and contextual information regarding threats such as adversary tactics, techniques and procedures (ttps); exploitation targets; campaigns and courses of action (coa). together this information completely characterises the cyber adversary's motivations, capabilities, and activities, and thus, help in defending against attacks. (12) taxii v1.1 technical specification also developed by oasis standardises the trusted, automated exchange of cyber threat information. taxii defines services and message exchanges for sharing actionable cyber threat information across organisation, product, or service boundaries in view of the detection, prevention, and mitigation of cyber threats. taxii empowers organisations to achieve improved situational awareness about emerging threats and it enables organisations to easily share information with partners, while leveraging existing relationships and systems, has adopted this decision: article 1 the technical specifications listed in the annex are eligible for referencing in public procurement. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 11 december 2017. for the commission the president jean-claude juncker (1) oj l 316, 14.11.2012, p. 12. (2) communication from the commission entitled europe 2020: a strategy for smart, sustainable and inclusive growth. com(2010) 2020 final of 3 march 2010. (3) communication from the commission upgrading the single market: more opportunities for people and business. com(2015) 550 final of 28 october 2015. (4) communication on a digital single market strategy for europe. com(2015) 192 final of 6 may 2015. (5) com(2016) 176 final of 19 april 2016. (6) com(2011) 311 final of 1 june 2011. (7) commission decision 2011/c 349/04 of 28 november 2011 setting up the european multi-stakeholder platform on ict standardisation (oj c 349, 30.11.2011, p. 4). annex internet engineering task force (ietf) no title of ict technical specification 1 spf-sender policy framework 2 starttls-smtp service extension for secure smtp over transport layer security 3 dane-smtp security via opportunistic dns-based authentication of named entities transport layer security (tls) organisation for the advancement of structured information standards (oasis) no title of ict technical specification 1 stix 1.2 structured threat information expression 2 taxii 1.1 trusted automated exchange of indicator information

name: council decision (eu) 2017/2284 of 11 december 2017 to provide support to states in the african, asia-pacific and latin america and caribbean regions to participate in the high-level fissile material cut-off treaty expert preparatory group consultative process type: decision subject matter: economic policy; economic geography; electrical and nuclear industries; european construction; defence; asia and oceania; international security; international affairs date published: 2017-12-12 12.12.2017 en official journal of the european union l 328/32 council decision (eu) 2017/2284 of 11 december 2017 to provide support to states in the african, asia-pacific and latin america and caribbean regions to participate in the high-level fissile material cut-off treaty expert preparatory group consultative process the council of the european union, having regard to the treaty on european union, and in particular article 28(1) thereof, whereas: (1) on 12 december 2003, the european council adopted the eu strategy against the proliferation of weapons of mass destruction (strategy), chapter ii of which lists measures to be pursued for an effective multilateralism which is the cornerstone of the european strategy for combating proliferation of wmd. it states, inter alia, that the eu is committed to the multilateral treaty system, which provides the legal and normative basis for all non-proliferation efforts, and the eu policy is to pursue an international agreement on the prohibition of the production of fissile material for nuclear weapons or other nuclear explosive devices. (2) the eu is actively implementing the strategy and giving effect to the measures listed in chapter iii thereof, in particular by releasing financial resources to support specific projects aimed at enhancing the multilateral non-proliferation system and multilateral confidence building measures. (3) on 8 december 2008, the council adopted its conclusions and a document entitled new lines for action by the european union in combating the proliferation of weapons of mass destruction and their delivery systems. the document states, inter alia, that the eu undertakes to continue and intensify action in favour of starting negotiations on fmct. (4) the eu has persistently called for the immediate commencement and early conclusion of the negotiation of a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices, on the basis of document cd/1299 and the mandate contained therein. in the same vein the eu has been encouraging all members of the conference on disarmament (cd) to exert their utmost efforts to break the impasse in the cd and adopt a comprehensive and balanced programme of work that includes the immediate commencement of negotiations on a fissile material cut-off treaty (fmct). (5) in 2013 the united nations general assembly (unga) adopted a resolution that established a group of governmental experts (gge) drawn from 25 states to make recommendations on possible aspects that would contribute to but not negotiate a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices. the gge submitted its report to the unga first (disarmament) committee in 2015. (6) in 2016 the united nations general assembly adopted resolution 71/259, entitled treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices. resolution 71/259 requests the secretary-general to establish a high-level fmct expert preparatory group to consider and make recommendations on substantial elements of a future non-discriminatory, multilateral and internationally and effectively verifiable treaty banning the production of fissile material for nuclear weapons or other explosive devices. the high-level fmct expert preparatory group will have a membership of 25 states, and will hold two informal consultative meetings open to all united nations member states to allow for the participation of all states in the fmct process. it is expected that the work to be carried out by the preparatory group will lead to negotiations on this important issue in order to further advance nuclear disarmament and non-proliferation. (7) all eu member states voted in favour of the 2016 un general assembly resolution 71/259 on the fmct, which was presented by canada, germany and the netherlands. the resolution sets up an inclusive process by organizing informal consultative meetings with all un member states and the chair of the high-level fmctexpert preparatory group. several eu member states will participate in the work of the high-level expert preparatory group, whose mandate is to make recommendations on substantial elements for a future treaty, without prejudice to national positions in future negotiations. (8) the high-level fmct expert preparatory group will make a practical contribution to nuclear disarmament and non-proliferation efforts. the group of governmental experts (1) and two secretary-general reports on this subject (2) have identified the complexity of the issue as well as topics that merit further analysis and consideration by un member states. the high-level fmct expert preparatory group will report to the un general assembly at its 73rd session (2018). (9) more generally, fissile material (such as highly enriched uranium or plutonium) that can bring about an explosive fission chain reaction is an essential ingredient of nuclear weapons. the immediate commencement and early conclusion of the negotiation in the cd of a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices has been a long standing priority for the eu. (10) a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices would constitute an essential step towards creating the conditions for a world without nuclear weapons. the fmct is considered to be a multilateral instrument to be negotiated in the nuclear disarmament field as a complement to the nuclear non-proliferation treaty (npt) and the comprehensive nuclear test-ban treaty (ctbt), has adopted this decision: article 1 1. in accordance with the eu strategy, which sets the objective of upholding, implementing and strengthening the multilateral disarmament and non-proliferation treaties and agreements, the union shall provide support to states in the african, the asia-pacific and the latin america and caribbean regions to participate in the high-level fissile material cut-off treaty expert preparatory group consultative process. 2. the projects providing support to states in the african, the asia-pacific and the latin america and caribbean regions to participate in the high-level fmct expert preparatory group consultative process, corresponding to measures in line with the eu strategy, shall consist of sub-regional workshops, expert meetings, substantive support activities provided to united nations member states, and the establishment of a repository of relevant information and publications. 3. the aim of the projects shall be: the facilitation of dialogue at the regional level among states in the african, the asia-pacific and the latin america and caribbean regions; the development of a sense of ownership of the issue among states in these regions; the identification of the national needs and policy priorities of states in these regions; the involvement of relevant regional organisations in the discussions on a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices to be negotiated in the framework of the conference on disarmament; the evaluation of the implications of the process at the regional level and of the role that relevant regional and international organization may play in that process; the comparative analysis of the implications of the process for each region; the facilitation of the transmission of knowledge between academia, civil society organisations and member states relating to fissile materials. 4. a detailed description of the projects is set out in the annex. article 2 1. the high representative (hr) shall be responsible for the implementation of this decision. 2. the technical implementation of the projects referred to in article 1(2) shall be carried out by the united nations office for disarmament affairs (unoda) through its geneva branch and its regional disarmament branch, the three regional centres for peace and disarmament in africa (unrec), asia and the pacific (unrcpd) and latin america and the caribbean (unlirec). unoda shall perform this task under the responsibility of the hr. for this purpose, the hr shall enter into the necessary arrangements with unoda. article 3 1. the financial reference amount for the implementation of the projects referred to in article 1(2) shall be eur 1 220 880,51. 2. the expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the union. 3. the commission shall supervise the proper management of the expenditure referred to in paragraph 1. for this purpose, it shall conclude a financing agreement with unoda for the reference amount upon adoption of this council decision. the agreement shall stipulate that unoda is to ensure visibility of the union's contribution, appropriate to its size. 4. the commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this decision. it shall inform the council of any difficulties in that process and of the date of conclusion of the financing agreement. article 4 1. the hr shall report to the council on the implementation of this decision on the basis of regular reports prepared by unoda. those reports shall form the basis for the evaluation carried out by the council. 2. the commission shall provide information on the financial aspects of the projects referred to in article 1(2). article 5 1. this decision shall enter into force on the date of its adoption. 2. this decision shall expire 36 months after the date of the conclusion of the financing agreement referred to in article 3(3). however, it shall expire six months after its entry into force if no financing agreement has been concluded by that time. done at brussels, 11 december 2017. for the council the president f. mogherini (1) a/70/81, report of the group of governmental experts to make recommendations on possible aspects that could contribute to but not negotiate a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices. (2) a/68/154, a/68/154/add.1, a/71/140/rev.1 and a/71/140/rev.1/add.1 annex 1. objective there is a need for states to fully comprehend the implications of a future treaty and its relationship with regional instruments on nuclear weapons free zones, the nuclear non-proliferation treaty (npt) and other instruments at an early stage in the process. therefore the overall goal of the new council decision should be to provide funding to build a broad knowledge base on a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices or a fissile material cut-off treaty (fmct) among the international community, in order to ensure that all un member states are in a position to fully engage in the consultative process as well as in any future negotiations in the framework of the conference on disarmament on such a treaty. engaging un member states at the regional level will complement the informal consultative meetings that will be held by the chair of the high-level fmct expert preparatory group in new york, and thereby enhance the quantitative and qualitative participation of states, and strengthen the inclusivity of future negotiation in the framework of the conference on disarmament of such a treaty. the organization of a series of (sub)regional workshops will allow the sharing of knowledge and information within regions, as well as across regions. the workshops will include a mix of technical briefings and discussions on the implications and relevance of these future treaties on existing regional arrangements. the technical briefings by relevant experts will elaborate on the substantive issues related to the fmct while the discussions will lead the participants to considering the regional implications and relevance of an eventual treaty. the high-level fmct expert preparatory group will report to the un general assembly at its 73rd session (2018). the general assembly may decide to take further action on this issue. in order to support participation of un member states in the discussion on this issue the project will continue until the end of the regular session of the 74th session of the general assembly (december 2019). the united nations office for disarmament (unoda), through its geneva branch and its regional disarmament branch, which includes the united nations regional centre for peace and disarmament (unrec) in lom , togo, the united nations regional centre for peace, disarmament and development in asia and the pacific (unrcpd) in kathmandu, nepal, and united nations regional centre for peace, disarmament and development in latin america and the caribbean (unlirec) in lima, peru, all have a long experience of lending support to states and fostering dialogue in their respective region on nuclear disarmament and non-proliferation issues. experts will be drawn from several countries, on a broad geographical basis, from governments and regional organisations, as well as from civil society organisations, such as the international panel on fissile materials (ipfm), the verification research, training and information centre (vertic), the institute for security studies (iss), and academia. target 16.8 of the un sustainable development goals recognizes the need: to broaden and strengthen the participation of developing countries in the institutions of global governance. therefore, the activities envisaged under this project could be a contribution towards this goal. 2. activities 2.1. objectives of the activities to facilitate dialogue at the regional and sub-regional level among states in the african, the asia-pacific and the latin american and caribbean regions; to involve relevant regional organisations in the discussions on an fmct; to develop a sense of ownership in a future fmct among all states; to facilitate the transmission and application of knowledge between academia, civil society organisations and member states on issues relevant to banning the production of fissile material for nuclear weapons or other nuclear explosive devices. 2.2. description of activities all activities will be organised by unoda through its geneva branch and its regional disarmament branch, including unrec, based in lom , togo, by unrcpd based in kathmandu, nepal, and by unlirec, based in lima, peru. (a) sub-regional workshops in africa, asia and the pacific and latin america and the caribbean unoda will organise up to six sub-regional seminars in the african, the asia-pacific and the latin america and caribbean regions. unoda will organise one or two two-day sub-regional seminars in each of the african, the asia-pacific and the latin america and caribbean regions. the sub-regional seminars will focus on their respective regions. the seminars will involve experts from the capitals of the countries of the respective sub-regions as well as high-level fmct expert preparatory group, experts from the european union, and from civil society and academia. these seminars will complement the open-ended informal consultative meetings conducted by the chair of the high-level fmct expert preparatory group in new york in accordance with united nations general assembly resolution 71/259 and will facilitate the involvement of experts from united nations member states at the capital in future fmct negotiations. (b) expert meetings with experts from regional organisations unoda will organise three expert meetings with relevant regional organisations in the african, the asia-pacific and the latin america and caribbean regions, including abacc, afcone, opanal and the asean regional forum, to bring together members of the high-level fmct expert preparatory group, experts from regional organisations and experts from civil society organisations, including the eu non-proliferation consortium, vertic, ipfm, iss, to prepare for future fmct negotiations and to facilitate the contribution of regional expertise and experience into these negotiations. (c) substantive support to member states unoda will respond to up to six requests for substantive support from member states in the african, the asia-pacific and the latin america caribbean regions in follow up to the workshops, taking into account geographic balance. (d) resource material repository and publication of outcomes for the duration of the project, unoda will develop and maintain a dedicated website containing relevant resource material, to help states prepare for future fmct and to serve as a resource repository for states, regional organisations, civil society organisations and researchers, and to facilitate cross-regional communication. unoda will publish up to two unoda occasional papers on the outcomes of the regional workshops and the expert meetings with regional organisations. 2.3. impact of activities the participation of states in the african, the asia-pacific and the latin america and caribbean regions in future fmct negotiations will be facilitated; existing regional knowledge and expertise on banning the production of fissile material for nuclear weapons or other nuclear explosive devices will be brought to the negotiations of a future fmct; relevant resource material will be made available to future negotiators and to experts from states, regional organisations, civil society organisations and academia. 3. partners for the measures un system: unoda through its geneva branch and its regional disarmament branch, which includes the three regional centres for peace and disarmament in africa (unrec), asia and the pacific (unrcpd) and latin america and the caribbean (unlirec); regional and sub-regional organizations: abacc, afcone, opanal, asean regional forum; non-governmental organisations: eu non-proliferation consortium, vertic, ipfm, iss. 4. interaction with union efforts based on the regular feedback from unoda on its activities, the union may decide to complement those efforts through targeted diplomatic action aimed at raising awareness of the importance of overcoming the longstanding deadlock in the conference on disarmament and the importance of the immediate commencement and early conclusion of the negotiation in the conference on disarmament of a treaty banning the production of fissile material for nuclear weapons or other nuclear explosive devices (fmct), on the basis of document cd/1299 and the mandate contained therein. 5. beneficiaries of the activities states in the africa, the asia-pacific and the latin america and caribbean regions; members of the high-level fmct expert preparatory group; group of governmental experts on nuclear disarmament verification; civil society organisations in the african, the asia-pacific and the latin america and caribbean regions working on nuclear disarmament and non-proliferation. 6. venue the sub-regional seminars will be organised either at the location of the regional centres or at a location with a united nations regional office in the respective sub-region, in order to facilitate the participation of national experts coming from the capitals. the expert meetings will be held at the location of the regional organisations or the location of the regional centres. substantive support to member states will be provided in the capitals. 7. duration the total estimated duration of the project is 36 months.

name: commission implementing decision (eu) 2017/2287 of 8 december 2017 specifying the forms to be used in relation to the import of mercury and of certain mixtures of mercury pursuant to regulation (eu) 2017/852 of the european parliament and of the council on mercury (notified under document c(2017) 8190) (text with eea relevance. ) type: decision_impl subject matter: tariff policy; trade; international trade; deterioration of the environment; environmental policy; iron, steel and other metal industries; economic geography; international affairs; technology and technical regulations date published: 2017-12-12 12.12.2017 en official journal of the european union l 328/118 commission implementing decision (eu) 2017/2287 of 8 december 2017 specifying the forms to be used in relation to the import of mercury and of certain mixtures of mercury pursuant to regulation (eu) 2017/852 of the european parliament and of the council on mercury (notified under document c(2017) 8190) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) 2017/852 of the european parliament and of the council of 17 may 2017 on mercury, and repealing regulation (ec) no 1102/2008 (1), and in particular article 6 thereof, whereas: (1) in line with article 3 of the minamata convention on mercury (the minamata convention) (2), article 4(1) of regulation (eu) 2017/852 provides that mercury and certain mixtures of mercury may be imported into the customs territory of the union, for purposes other than disposal as waste, only if the importing member state has granted written consent to the import. where the exporting country is not a party to the minamata convention, consent may only be granted if the exporting country has also provided certification that the mercury is not from primary mercury mining. (2) the forms for granting or denying such consent and for certifying that the mercury is not from primary mercury mining should be consistent with the forms set out in decision unep/mc/cop.1/5 (3) adopted by the conference of the parties to the minamata convention at its first meeting and adjusted as necessary to take account of the requirements of regulation (eu) 2017/852. (3) for consistency with the date of application of regulation (eu) 2017/852, the application of this decision should be deferred to 1 january 2018. (4) the measures provided for in this decision are in accordance with the opinion of the committee established by article 22 of regulation (eu) 2017/852, has adopted this decision: article 1 the form to be used by member states when granting or denying written consent pursuant to the second subparagraph of article 4(1) of regulation (eu) 2017/852 is set out in annex i to this decision. however, this article does not apply in the case of imports of mercury, or a mixture of mercury, that qualifies as or is considered to be waste within the meaning of directive 2008/98/ec of the european parliament and of the council (4). article 2 member states may grant written consent pursuant to the second subparagraph of article 4(1) of regulation (eu) 2017/852 in the circumstances set out in point (b) of that subparagraph only if the certification required by that point is in the form set out in annex ii to this decision. however, this article does not apply in the case of imports of mercury, or a mixture of mercury, that qualifies as or is considered to be waste within the meaning of directive 2008/98/ec. article 3 this decision shall apply from 1 january 2018. article 4 this decision is addressed to the member states. done at brussels, 8 december 2017. for the commission karmenu vella member of the commission (1) oj l 137, 24.5.2017, p. 1. (2) the union ratified the minamata convention by means of council decision (eu) 2017/939 of 11 may 2017 on the conclusion on behalf of the european union of the minamata convention on mercury (oj l 142, 2.6.2017, p. 4). (3) decision unep/mc/cop.1/5 entitled guidance in relation to mercury supply sources and trade (article 3), particularly in regard to identification of stocks and sources of supply (paragraph 5 (a)) and forms and guidance for obtaining consent to import mercury (paragraphs 6 and 8) adopted on 24 september 2017. (4) directive 2008/98/ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives (oj l 312, 22.11.2008, p. 3). annex i form for granting or denying written consent, pursuant to article 4(1) of regulation (eu) 2017/852, to the import of mercury or of the mixtures of mercury listed in annex i to that regulation form for granting or denying written consent, pursuant to article 4(1) of regulation (eu) 2017/852 of the european parliament and of the council on mercury, to the import of mercury or of the mixtures of mercury listed in annex i to that regulation note: this form applies to the import into the european union of mercury and of mixtures of mercury with other substances, including alloys of mercury, with a mercury concentration of at least 95 % by weight, as listed in annex i to regulation (eu) 2017/852 on mercury (mixtures of mercury). this form does not apply in the case of imports of mercury, or a mixture of mercury that, qualifies as or is considered to be waste within the meaning of directive 2008/98/ec on waste (1). section a: contact information to be provided by the importing member state name of the designated national focal point (2): address: tel.: fax: email: section b: contact information to be provided by the exporting country name of designated national focal point or responsible government official: address: tel.: fax: email: section c: shipment information to be provided by the exporting country (i) please indicate the intended total quantity of mercury, whether in pure form or in mixtures, to be shipped (kg) (ii) please indicate the intended date(s) of shipment(s) (iii) please indicate if the mercury, whether in pure form or in mixture, is from primary mercury mining: if yes: exporting country party to the minamata convention: please indicate if the mercury is from new or from existing primary mining within the meaning of article 3(3) and (4) of the minamata convention. if the exporting country is a non-party, it has provided certification that the mercury is not from primary mercury mining. (iv) please confirm that the mercury whether in pure form or in mixture is not from any of the three following sources (3): the chlor-alkali industry (e.g. decommissioning of chlor-alkali cells), the cleaning of natural gas, non-ferrous mining and smelting operations. section d: information to be provided by the importing member state what is the purpose of the import of the mercury whether in pure form or in mixtures? please circle: (i) environmentally sound interim storage in accordance with article 7(3) of regulation (eu) 2017/852 yes no if yes, please specify the intended use if known. (ii) use allowed under union and national legislation (4): yes no if yes, please specify additional details about the intended use of the mercury whether in pure form or in mixture. section e: shipping information importer name of business: address: tel.: fax: email: exporter name of business: address: tel.: fax: email: section f: indication of consent by the importing member state nature of consent, please circle: granted denied please use the space below to indicate any conditions, additional details or relevant information. signature of the importing member state designated competent authorities and date name title: signature: date: (1) in accordance with article 4(2) of regulation (eu) 2017/852, the import into the union of mixtures of mercury other than those covered by this form and of mercury compounds for the purpose of mercury reclamation is prohibited. (2) the designated national focal point refers to the national focal point designated under article 17(4) of the minamata convention for the exchange of information under the convention. this is expected to be the same as the competent authority designated by the importing member state under article 17 of regulation (eu) 2017/852 as the authority to which import requests under article 4 should be addressed. (3) in accordance with article 11 of regulation (eu) 2017/852, mercury and mercury compounds, whether in pure form or in mixtures, from any of the three sources listed in the form shall be considered to be waste within the meaning of directive 2008/98/ec and be disposed of without endangering human health or harming the environment, in accordance with that directive. (4) in accordance with article 4(3) of regulation (eu) 2017/852, the import into the union of mercury for use in artisanal and small-scale gold mining is prohibited. annex ii form to be used by countries that are not parties to the minamata convention on mercury intending to export mercury, whether in pure form or in mixtures, to a member state for the provision of certification on the source of mercury form for certification of the source of mercury, whether in pure form or in mixtures, to be exported section a: shipment information to be provided by the exporting country (i) please indicate the intended total quantity of mercury whether in pure form or in mixtures to be shipped (ii) please indicate the intended date(s) of shipment(s) section b: shipping information importer name of business: address: tel.: fax: email: exporter name of business: address: tel.: fax: email: section c: certification in accordance with article 3(8) of the minamata convention on mercury, my government certify that the mercury included in the shipment described in this form is not from primary mercury mining please, provide supporting information on the source of the mercury to be exported signature of responsible government official and date: name title: signature date:

name: council decision (cfsp) 2017/2263 of 7 december 2017 amending decision 2010/452/cfsp on the european union monitoring mission in georgia, eumm georgia type: decision subject matter: international affairs; europe; cooperation policy date published: 2017-12-08 8.12.2017 en official journal of the european union l 324/51 council decision (cfsp) 2017/2263 of 7 december 2017 amending decision 2010/452/cfsp on the european union monitoring mission in georgia, eumm georgia the council of the european union, having regard to the treaty on european union, and in particular article 28, article 42(4) and article 43(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 12 august 2010, the council adopted decision 2010/452/cfsp (1), which extended the european union monitoring mission in georgia (eumm georgia), established by council joint action 2008/736/cfsp (2). (2) on 12 december 2016, the council adopted decision (cfsp) 2016/2238 (3), extending the mandate until 14 december 2018 and providing for a financial reference amount until 14 december 2017. (3) decision 2010/452/cfsp should be amended to provide for a financial reference amount for the period from 15 december 2017 to 14 december 2018. (4) eumm georgia will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the union's external action as set out in article 21 of the treaty, has adopted this decision: article 1 in article 14(1) of decision 2010/452/cfsp, the following subparagraph is added: the financial reference amount intended to cover the expenditure related to eumm georgia for the period from 15 december 2017 to 14 december 2018 shall be eur 19 970 000,00. article 2 this decision shall enter into force on the date of its adoption. it shall apply from 15 december 2017. done at brussels, 7 december 2017. for the council the president a. anvelt (1) council decision 2010/452/cfsp of 12 august 2010 on the european union monitoring mission in georgia, eumm georgia (oj l 213, 13.8.2010, p. 43). (2) council joint action 2008/736/cfsp of 15 september 2008 on the european union monitoring mission in georgia, eumm georgia (oj l 248, 17.9.2008, p. 26). (3) council decision (cfsp) 2016/2238 of 12 december 2016 amending decision 2010/452/cfsp on the european union monitoring mission in georgia, eumm georgia (oj l 337, 13.12.2016, p. 15).

name: council decision (cfsp) 2017/2264 of 7 december 2017 amending decision 2014/219/cfsp on the european union csdp mission in mali (eucap sahel mali) type: decision subject matter: international security; africa; european construction; defence date published: 2017-12-08 8.12.2017 en official journal of the european union l 324/52 council decision (cfsp) 2017/2264 of 7 december 2017 amending decision 2014/219/cfsp on the european union csdp mission in mali (eucap sahel mali) the council of the european union, having regard to the treaty on european union and in particular article 28, article 42(4) and article 43(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 15 april 2014, the council adopted decision 2014/219/cfsp (1). (2) on 11 january 2017, the council adopted decision (cfsp) 2017/50 (2) amending decision 2014/219/cfsp extending the mandate for a period of two years, until 14 january 2019, and providing for a financial reference amount until 14 january 2018. (3) decision 2014/219/cfsp should be amended to provide for a financial reference amount for the period from 15 january 2018 until 14 january 2019. (4) decision 2014/219/cfsp should therefore be amended accordingly, has adopted this decision: article 1 in article 14 of decision 2014/219/cfsp, paragraph (1) is replaced by the following: (1) the financial reference amount intended to cover the expenditure related to eucap sahel mali from 15 april 2014 to 14 january 2015 shall be eur 5 500 000. the financial reference amount intended to cover the expenditure related to eucap sahel mali from 15 january 2015 to 14 january 2016 shall be eur 11 400 000. the financial reference amount intended to cover the expenditure related to eucap sahel mali between 15 january 2016 and 14 january 2017 shall be eur 19 775 000. the financial reference amount intended to cover the expenditure related to eucap sahel mali between 15 january 2017 and 14 january 2018 shall be eur 29 800 000. the financial reference amount intended to cover the expenditure related to eucap sahel mali between 15 january 2018 and 14 january 2019 shall be eur 28 450 000. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 7 december 2017. for the council the president a. anvelt (1) council decision 2014/219/cfsp of 15 april 2014 on the european union csdp mission in mali (eucap sahel mali) (oj l 113, 16.4.2014, p. 21). (2) council decision (cfsp) 2017/50 of 11 january 2017 amending decision 2014/219/cfsp on the european union csdp mission in mali (eucap sahel mali) (oj l 7, 12.1.2017, p. 18).

name: commission implementing decision (eu) 2017/2238 of 5 december 2017 on the equivalence of the legal and supervisory framework applicable to designated contract markets and swap execution facilities in the united states of america in accordance with regulation (eu) no 600/2014 of the european parliament and of the council (text with eea relevance. ) type: decision_impl subject matter: financial institutions and credit; free movement of capital; executive power and public service; america; budget; trade policy date published: 2017-12-06 6.12.2017 en official journal of the european union l 320/11 commission implementing decision (eu) 2017/2238 of 5 december 2017 on the equivalence of the legal and supervisory framework applicable to designated contract markets and swap execution facilities in the united states of america in accordance with regulation (eu) no 600/2014 of the european parliament and of the council (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 600/2014 of the european parliament and of the council of 15 may 2014 on markets in financial instruments and amending regulation (eu) no 648/2012 (1), and in particular article 28(4) thereof, whereas: (1) regulation (eu) no 600/2014 requires financial counterparties and non-financial counterparties above the clearing threshold as referred to in article 4 of regulation (eu) no 648/2012 of the european parliament and of the council (2) established in the union to conclude transactions in derivatives pertaining to a class of derivatives that has been declared subject to the trading obligation only on regulated markets, multilateral trading facilities (mtfs), organised trading facilities (otfs) and third-country trading venues recognised by the commission as equivalent. the relevant third country should provide for an effective equivalent system for the recognition of trading venues authorised under directive 2014/65/eu of the european parliament and of the council (3). (2) the procedure for recognition of trading venues established in third countries set out in article 28 of regulation (eu) no 600/2014 aims to allow financial and certain non-financial counterparties established in the union to conclude transactions in derivatives subject to the trading obligation on third-country trading venues recognised as equivalent. the recognition procedure and the equivalence decision thus increases transparency of derivatives trading, including where trading takes place in trading venues established in a third country. (3) considering the agreement reached by the parties to the g20 in pittsburgh on 25 september 2009 to move trading in standardised otc derivative contracts to exchanges or electronic trading platforms, it is appropriate to provide for a suitable range of eligible venues on which trading pursuant to that commitment can take place. the equivalence provisions should be read in the light of the objectives pursued by regulation (eu) no 600/2014, in particular its contribution to the establishment and functioning of the internal market, market integrity, investor protection and financial stability. regulation (eu) no 600/2014 underlined moreover the need to establish a single set of rules for all institutions in respect of certain requirements and to avoid potential regulatory arbitrage. therefore, when designating the standardised otc derivative contracts that will be subject to a trading obligation, it is appropriate that the union fosters the development of a sufficient number of eligible venues for the execution of the trading obligation, including in the eu. (4) in accordance with article 28(4) of regulation (eu) no 600/2014, third-country trading venues can be recognised as equivalent to trading venues established in the union where they comply with legally binding requirements which are equivalent to the requirements for the trading venues resulting from directive 2014/65/eu, regulation (eu) no 596/2014 of the european parliament and of the council (4) and which aresubject to effective supervision and enforcement in that third country. this should be read in the light of the objectives pursued by that act, in particular its contribution to the establishment and functioning of the internal market, market integrity, investor protection and ultimately, but no less importantly, financial stability. (5) swap trading platforms operating in the united states of america (usa) offer high trading volumes in dollar-denominated swaps and it is important that eu firms are able to access this liquidity for efficient risk management. taking account of the importance of us swap trading platforms for the functioning of the eu market and their impact on financial stability, it is appropriate, given this context, to recognise swap trading platforms operating in the usa. this decision is based on a detailed assessment of the legal and supervisory framework governing swap trading platforms under the us commodity exchange act (cea) and implementing regulations with a particular focus on market integrity and transparency. (6) the purpose of this equivalence assessment is therefore to verify that the legal and supervisory arrangements under the cea and implementing regulations ensure that designated contract markets (dcms) and swap execution facilities (sefs) established in the usa and authorised by the commodity futures trading commission (cftc) are subject to legally binding requirements which are equivalent to the requirements for the trading venues resulting from directive 2014/65/eu, regulation (eu) no 596/2014 and regulation (eu) no 600/2014 and based on the criteria set out in articles 28(4) of regulation (eu) no 600/2014. the purpose of the equivalence assessment is also to verify whether dcms and sefs are subject to effective supervision and enforcement in that third country. (7) legally binding requirements for dcms authorised in the usa are set forth in the cea form of a principles-based legal framework for the operation of dcms. the cea's requirements for dcms include 23 core principles. these principles have the force of law and dcms must comply with them on an initial and ongoing basis. a dcm must also comply with applicable cftc regulations (cfr), which specify requirements for operating as a dcm. (8) legally binding requirements for sefs authorised in the usa are set forth in the cea in the form of a principles-based legal framework. sefs operate under section 5h of the cea, which was added by section 733 of the dodd-frank wall street reform and consumer protection act for the trading and processing of swaps. section 5h of the cea sets out 15 core principles for sefs. in order to obtain and maintain registration with the cftc, sefs must comply with the 15 core principles. a sef must also comply with cftc regulations applicable to sefs on an initial and ongoing basis. (9) article 28(4)(a-d) of regulation (eu) no 600/2014 sets out four conditions that need to be fulfilled in order to determine that the legal and supervisory arrangements of a third country regarding the trading venues authorised therein are equivalent to those laid down in regulation (eu) no 600/2014 and directive 2014/65/eu. (10) according to the first condition set out in article 28(4)(a) of regulation (eu) no 600/2014, third-country trading venues must be subject to authorisation and to effective supervision and enforcement on an ongoing basis. (11) in order to operate as a dcm an applicant must apply for designation with the cftc and demonstrate compliance with the applicable provisions under the cea as well as the cftc regulations. likewise, in order to operate as a sef, an applicant must obtain registration with the cftc and demonstrate compliance with applicable provisions under the cea as well as the cftc regulations. the cftc has regulatory oversight authority over dcms and sefs, respectively, pursuant to sections 5 and 5h of the cea, 7 usc 7 and 7 usc 7b-3. in order to be designated by the cftc, a dcm must comply with the 23 dcm core principles under the cea and any requirements that the cftc may impose by rule or regulation. in order to be registered with the cftc, a sef must comply with the 15 sef core principles, under the cea and any requirements that the cftc may impose by rule or regulation. a dcm is required to be a trading facility which generally, under the cea, means a multilateral system in which participants have the ability to execute transactions in accordance with non-discretionary rules. dcms must provide members with impartial access to their markets and services. the access criteria must be impartial, transparent, and applied in a non-discriminatory manner. in addition, the cea andcftc regulations subject dcms to organisational requirements with regards to corporate governance, conflicts of interest policy, risk management, fair and orderly trading, trading system resilience, clearing and settlement arrangements, admission to trading and compliance monitoring, all of which must be complied with on an ongoing basis. sefs are swap trading platforms which operate on a multilateral basis. sefs must provide eligible contract participants with impartial access to their markets and services and are required to have access criteria that are impartial, transparent and applied in a fair and non-discriminatory manner. sefs are also subject to organisational requirements with regards to corporate governance, conflicts of interest policy, risk management, fair and orderly trading, trading system resilience, clearing and settlement arrangements, admission to trading and compliance monitoring, all of which must be complied with on an ongoing basis. (12) dcms and sefs must establish rules governing their operations, including rules prohibiting abusive trade practices and enforce compliance with these rules. these rules and any amendments thereto are assessed by the cftc to ensure consistency with the cea and cftc regulations. dcms and sefs must have the capacity to detect, investigate and apply appropriate sanctions to any person that violates any dcm or sef rule. dcms and sefs are permitted to use regulatory services of a third party for assistance in complying with applicable requirements under the cea and cftc regulations. dcms and sefs remain responsible for compliance with their statutory and regulatory obligations, even when using such a third party to provide regulatory services. (13) the cftc also has ongoing oversight and enforcement responsibilities with respect to dcms and sefs. regular rule enforcement reviews (rers) are performed, which are designed to evaluate a dcm's compliance with statutory and regulatory requirements relating to trade practice surveillance, market surveillance, audit trail and dcm disciplinary programs. a similar program is being developed for sefs. section 8(a)(1) of the cea gives the cftc broad power to conduct investigations to ensure compliance with the cea and the cftc regulations. pursuant to cea sections 5e, 6(b), 6b and 6c(a) the cftc may also bring civil enforcement actions to enjoin violations of the cea or cftc regulations and obtain other equitable relief and monetary sanctions: bring administrative enforcement proceedings, suspend or revoke the designation of a dcm or the registration of a sef, and make and enter against a dcm or sef a cease and desist order from violating the cea or cftc regulations. section 6(c) of the cea gives the cftc power to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of books, correspondence, memoranda and other records, for the purposes of enforcing the cea or for purposes of any investigation or proceeding. (14) it can therefore be concluded that dcms and sefs are subject to authorisation and to effective supervision and enforcement on an ongoing basis. (15) according to the second condition set out in article 28(4)(b) of regulation (eu) no 600/2014, third-country trading venues must have clear and transparent rules regarding admission of financial instruments to trading so that such financial instruments are capable of being traded in a fair, orderly and efficient manner and are freely negotiable. (16) neither a dcm nor a sef may list a new derivative contract unless that contract complies with the cea and cftc regulations, which ensure fair, orderly and efficient trading. this is enforced by requiring all dcms and sefs to file new contracts with the cftc prior to listing, either for cftc approval or with a certification by the dcm or sef that the contract complies with the cea and cftc regulations. the filing must contain an explanation and analysis of the derivative contract, and its compliance with any applicable requirements, including the cea requirement that a dcm or sef only list contracts that are not readily susceptible to manipulation. the cftc guidance for complying with this statutory requirement states that in the case of cash-settled swap contracts, the dcm or the sef should consider, inter alia, the reliability of the cash settlement price as an indicator of cash market values, as well as the commercial acceptability, public availability, and timeliness of the price series that is used to calculate the cash settlement price. such guidance also outlines what the cftc considers to be an acceptable specification of contract terms and conditions. the dcm and the sef must make the terms and conditions of a derivative contract filed with the cftc publicly available, at the time of such filing. this pre-listing filing requirement and the cftc requirements with respect to contract characteristics, help to ensure that derivative contracts are capable of being traded in a fair, orderly and efficient manner. the cftc guidance assists the cftc in its consideration of whether a dcm or sef is in compliance with the requirements of core principles. (17) dcms are required to provide a competitive, open, and efficient market and a mechanism for executing transactions that protects the price discovery process of trading in the centralized market of the dcm. consistent with this requirement, all dcms utilize central limit order books in which bids and offers are shown. additionally, dcms post price quote information on their public websites. sef transactions involving swaps that are subject to the cftc's trade execution requirement, which are not block trades, must be executed either in accordance with an order book, as defined in the cftc regulations, or in accordance with a request-for-quote system that operates in conjunction with an order book. a request-for-quote system is defined in the cftc regulations as a trading system or platform in which a market participant transmits a request for a quote to buy or sell a specific instrument to no less than three market participants in the trading system or platform, to which all such market participants may respond. furthermore, part 43 of the cftc's regulations requires a publicly reportable swap transaction to be reported to a cftc-registered swap data repository (sdr) as soon as technologically practicable after the transaction is executed. for a publicly reportable swap transaction that is executed on or pursuant to the rules of a dcm or sef, the sdr must ensure that swap transaction and pricing data is publicly disseminated as soon as technologically practicable after such data is received from the dcm or sef, unless the swap is subject to a time delay. an sdr is required to delay public dissemination of swap transaction and pricing data for publicly reportable swap transactions that exceed certain sizes. (18) it can therefore be concluded that dcms and sefs have clear and transparent rules regarding admission of financial instruments to trading so that such financial instruments are capable of being traded in a fair, orderly and efficient manner and are freely negotiable. (19) according to the third condition set out in article 28(4)(c) of regulation (eu) no 600/2014, issuers of financial instruments must be subject to periodic and ongoing information requirements ensuring a high level of investor protection. (20) given the nature and characteristics of the derivative contracts listed on dcms and sefs, and in particular the fact that their underlying assets are primarily commodities, interest rates or currencies, the third condition cannot be applied to most of the options and swaps transacted on dcms and sefs. this requirement cannot apply to derivative contracts which do not reference equities as an underlying. for the derivatives subject to the trading obligation, such as swaps, with interest rates as an underlying, there is no company that could issue relevant financial reports. disclosure obligations are however incumbent on issuers of derivative contracts where an underlying asset is a security. in the usa, this would only concern options on securities or security-based swaps. options on securities can only be traded on a securities exchange under the jurisdiction of the securities and exchange commission (sec), therefore not on either dcms or sefs. security-based swaps may be transacted on a security-based swap execution facility, but they are regulated by the sec. where the underlying security of a security-based swap is admitted to trading on a us national securities exchange, its issuer is subject to the reporting requirements under section 13(a) of the exchange act and must publish annual and interim financial reports, for which the us regulatory framework has clear, comprehensive and specific disclosure requirements, and the free public access of which is ensured by the edgar system provided by the sec's website. thus, as a result, a high level of investor protection is still ensured. (21) according to the fourth condition set out in article 28(4)(d) of regulation (eu) no 600/2014, the third-country framework must ensure market transparency and integrity via rules addressing market abuse in the form of insider dealing and market manipulation. (22) the cea and cftc regulations establish a comprehensive regulatory framework to ensure market integrity and prevent insider dealing and market manipulation. this framework prohibits, and authorises the cftc to take enforcement action against conduct which could result in distorting the functioning of the markets such as price manipulations and communication of false or misleading information (cea 6(c) and 9(a)(2), 180.1 and 180.2 of the commission's regulations), trade practice violations (cea 4c(a)(1)-(2)), certain disruptive practices that could impair the orderly execution of transactions (cea 4c(a)(5)) and the use, or attempted use, of a manipulative device, scheme or artifice to defraud (cea 6(c)(1), 17 cfr 180.1 of the commission's regulations) trading on the basis of unlawfully obtained inside information or in breach of a pre-existing duty to disclose material non-public information may also be a violation of the cea. dcms and sefs have the responsibility to monitor their markets to help ensure that trading activities are subject to ongoing and effective surveillance and in order to detect and prevent manipulative activity that could result in price distortion or market manipulation. the cftc's rer program evaluates a dcm's surveillance and disciplinary programs.a similar program is being developed for sefs. furthermore, the cftc can, at any time and on its own initiative, request a dcm or a sef to demonstrate that it is in compliance with obligations of the dcm or sef under the cea or the cftc regulations. (23) it can therefore be concluded that the framework applicable to dcms and sefs in the us ensures market transparency and integrity via rules addressing market abuse in the form of insider dealing and market manipulation. (24) it can therefore be concluded that dcms and sefs comply with legally binding requirements which are equivalent to the requirements for the trading venues resulting from directive 2014/65/eu, regulation (eu) no 596/2014 and regulation (eu) no 600/2014 and are subject to effective supervision and enforcement in that third country. (25) in accordance with article 28(1)(d) of regulation (eu) no 600/2014 third-country trading venues can be recognised as equivalent provided that the third country provides for an effective equivalent system for the recognition of trading venues authorised under directive 2014/65/eu to admit to trading or trade derivatives declared subject to the trading obligation in that third country on a non-exclusive basis. (26) pursuant to cea, section 5h(g), the cftc is authorized to exempt swap execution facilities from registration if the cftc finds that the facilities are subject to comparable, comprehensive supervision and regulation on a consolidated basis by the national competent authorities in the home country of the facility. in accordance with section 5h(g), the cftc is empowered to exempt all regulated markets, mtfs and otfs notified by the commission through a single order once the cftc determines that the notified venues are subject to comparable and comprehensive supervision and regulation on a consolidated basis. (27) a joint statement by the chairman of the cftc and the vice president of the european commission responsible for financial services sets out the cftc's approach concerning exemption of eu trading venues. the decision will also be complemented by cooperation arrangements to ensure the effective exchange of information and coordination of supervisory activities between the national competent authorities responsible for the authorisation and supervision of the recognised eu trading venues and the cftc. (28) it can therefore be concluded that the legal and supervisory framework of the usa provides for an effective equivalent system for the recognition of trading venues authorised under directive 2014/65/eu to admit to trading or trade derivatives declared subject to trade execution requirement in the usa on a non-exclusive basis. (29) this decision determines the eligibility of third-country trading venues to allow financial and non-financial counterparties established in the union to comply with their trading obligation when trading derivatives on a third-country venue. this decision does therefore not affect the ability of financial and non-financial counterparties established in the union to trade derivatives that are not subject to the trading obligation in accordance with article 32 of regulation (eu) no 600/214 on third-country trading venues. (30) this decision is based on the legally binding requirements relating to dcms and sefs applicable in the usa at the time of the adoption of this decision. the commission should continue monitoring on a regular basis the evolution of the legal and supervisory arrangements for these trading venues, market developments, the effectiveness of supervisory cooperation in relation to monitoring and enforcement and the fulfilment of the conditions on the basis of which this decision has been taken. (31) the regular review of the legal and supervisory arrangements applicable in the usa to dcms and sefs authorised therein and market developments is without prejudice to the possibility of the commission undertaking a specific review at any time where relevant developments make it necessary for the commission to re-assess the equivalence granted by this decision. such re-assessment could lead to the repeal of this decision. (32) the measures provided for in this decision are in accordance with the opinion of the european securities committee, has adopted this decision: article 1 for the purposes of article 28(4) of regulation (eu) no 600/2014 the legal and supervisory framework of the unites states of america applicable to designated contract markets and swap execution facilities authorised therein and set out in the annex shall be considered to be equivalent to the requirements laid down in regulation (eu) no 600/2014 for trading venues as defined in directive 2014/65/eu. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 5 december 2017. for the commission the president jean-claude juncker (1) regulation (eu) no 600/2014 of the european parliament and of the council of 15 may 2014 on markets in financial instruments and amending regulation (eu) no 648/2012 (oj l 173, 12.6.2014, p. 84). (2) regulation (eu) no 648/2012 of the european parliament and of the council of 4 july 2012 on otc derivatives, central counterparties and trade repositories (oj l 201, 27.7.2012, p. 1). (3) directive 2014/65/eu of the european parliament and of the council of 15 may 2014 on markets in financial instruments and amending directive 2002/92/ec and directive 2011/61/eu (oj l 173, 12.6.2014, p. 349). (4) regulation (eu) no 596/2014 of the european parliament and of the council of 16 april 2014 on market abuse (market abuse regulation) and repealing directive 2003/6/ec of the european parliament and of the council and commission directives 2003/124/ec, 2003/125/ec and 2004/72/ec (oj l 173, 12.6.2014, p. 1). annex designated contract markets considered equivalent to trading venues as defined in directive 2014/65/eu: (a) cantor futures exchange, l.p. (b) cboe futures exchange, llc (c) chicago board of trade (board of trade of the city of chicago, inc.) (d) chicago mercantile exchange, inc. (e) commodity exchange, inc. (f) eris exchange, llc (g) ice futures u.s., inc. (h) minneapolis grain exchange, inc. (i) nasdaq futures, inc. (j) new york mercantile exchange, inc. (k) nodal exchange, llc (l) north american derivatives exchange, inc. (m) onechicago llc (n) trueex llc swap execution facilities considered equivalent to trading venues as defined in directive 2014/65/eu: (a) 360 trading networks, inc. (b) bats hotspot sef, llc (c) bgc derivatives markets, l.p. (d) bloomberg sef llc (e) chicago mercantile exchange, inc. (f) clear markets north america, inc. (g) dw sef llc (h) ftsef llc (i) gfi swaps exchange llc (j) gtx sef llc (k) icap sef (us) llc (l) ice swap trade llc (m) latam sef, llc (n) ledgerx llc (o) marketaxess sef corporation (p) seed sef llc (q) swapex llc (r) teraexchange, llc (s) thomson reuters (sef) llc (t) tpsef inc. (u) tradition sef, inc. (v) trueex llc (w) tw sef llc

name: council decision (cfsp) 2017/2234 of 4 december 2017 amending decision (cfsp) 2016/2382 establishing a european security and defence college (esdc) type: decision subject matter: european construction; education; teaching; eu institutions and european civil service; employment date published: 2017-12-05 5.12.2017 en official journal of the european union l 319/80 council decision (cfsp) 2017/2234 of 4 december 2017 amending decision (cfsp) 2016/2382 establishing a european security and defence college (esdc) the council of the european union, having regard to the treaty on european union, and in particular articles 28(1), 42(4) and 43(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 21 december 2016, the council adopted decision (cfsp) 2016/2382 (1). (2) a new financial reference amount for the period from 1 january 2018 to 31 december 2018 should be established. (3) decision (cfsp) 2016/2382 should therefore be amended accordingly, has adopted this decision: article 1 amendment to decision (cfsp) 2016/2382 in article 16 of decision (cfsp) 2016/2382, paragraph 2 is replaced by the following: 2. the financial reference amount intended to cover the expenditure of the esdc during the period from 1 january 2018 to 31 december 2018 shall be eur 925 000,00. the financial reference amount to cover the expenditure of the esdc for subsequent periods shall be decided by the council. article 2 entry into force this decision shall enter into force on the date of its adoption. done at brussels, 4 december 2017. for the council the president u. palo (1) council decision (cfsp) 2016/2382 of 21 december 2016 establishing a european security and defence college (esdc) and repealing decision 2013/189/cfsp (oj l 352, 23.12.2016, p. 60).

name: commission implementing decision (eu, euratom) 2017/2220 of 30 november 2017 amending decision 90/181/euratom, eec authorising italy to use certain approximate estimates for the calculation of the vat own resources base (notified under document c(2017) 7854) type: decision_impl subject matter: taxation; eu finance; europe; building and public works date published: 2017-12-02 2.12.2017 en official journal of the european union l 318/29 commission implementing decision (eu, euratom) 2017/2220 of 30 november 2017 amending decision 90/181/euratom, eec authorising italy to use certain approximate estimates for the calculation of the vat own resources base (notified under document c(2017) 7854) (only the italian text is authentic) the european commission, having regard to the treaty on the functioning of the european union, having regard to the treaty establishing the european atomic energy community, having regard to council regulation (eec, euratom) no 1553/89 of 29 may 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (1), and in particular the second indent of article 6(3) thereof, after consulting the advisory committee on own resources, whereas: (1) under article 370 of council directive 2006/112/ec (2), italy may, in accordance with the conditions applying in that member state on 1 january 1978, continue to tax the transactions listed in part a of annex x to that directive. in accordance with that article, those transactions are to be taken into account for the determination of the value added tax (vat) own resources base. (2) by commission decision 90/181/euratom, eec (3), italy was authorised to use approximate estimates for transactions referred to in point 3 of part a of annex x to directive 2006/112/ec regarding buildings and building land. (3) in its letter of 4 april 2017, italy requested the withdrawal of its authorisation for the calculation of its vat own resources base for transactions referred to in point 3 of part a of annex x to directive 2006/112/ec, as it is no longer necessary due to a change in the national legislation. after this legal change, italy no longer taxes those transactions. thus a negative compensation for vat own resources purposes is no longer allowed. the authorisation should therefore be withdrawn. (4) decision 90/181/euratom, eec should therefore be amended accordingly, has adopted this decision: article 1 in the first paragraph of article 1 of decision 90/181/euratom, eec, point 1 is deleted. article 2 this decision is addressed to the italian republic. done at brussels, 30 november 2017. for the commission g nther oettinger member of the commission (1) oj l 155, 7.6.1989, p. 9. (2) council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (oj l 347, 11.12.2006, p. 1). (3) commission decision 90/181/euratom, eec of 23 march 1990 authorizing italy to use certain approximate estimates for the calculation of the vat own resources base (oj l 99, 19.4.1990, p. 32).

name: commission decision (eu) 2017/2111 of 5 july 2016 on the setting-up and capitalisation of airport handling spa sa.21420 (2014/c) (ex 2014/nn) implemented by italy (notified under document c(2016) 4103) (only the italian text is authentic)text with eea relevance. type: decision subject matter: organisation of transport; european union law; air and space transport; business organisation; europe; regions of eu member states; economic policy; competition date published: 2017-12-01 1.12.2017 en official journal of the european union l 317/1 commission decision (eu) 2017/2111 of 5 july 2016 on the setting-up and capitalisation of airport handling spa sa.21420 (2014/c) (ex 2014/nn) implemented by italy (notified under document c(2016) 4103) (only the italian text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to the provision(s) cited above (1) and having regard to their comments, whereas: 1. procedure (1) on 23 june 2010, following a complaint, the commission notified the italian authorities of its decision to initiate the formal investigation procedure pursuant to article 108(2) of the treaty on the functioning of the european union (the treaty), in connection with the capital injections carried out between 2002 and 2010 by sea spa (hereinafter sea), the state-owned operator of the milan malpensa and milan linate airports, in its subsidiary sea handling spa (hereinafter seah), ground handling provider at those airports. (2) during that period, sea had been almost entirely owned by public bodies, namely the municipality of milan (84,56 %) and the province of milan (14,56 %), alongside with smaller shareholders (0,88 %). in december 2011, 29,75 % of seas capital was sold to the private fund f2i (fondi italiani per le infrastrutture). end 2012, f2i increased its shareholding in sea to 44,31 %. at the closure of the formal investigation procedure by this decision, sea is owned 54,81 % by the municipality of milan, 44,31 % by f2i and 0,88 % by other shareholders. (3) on 19 december 2012 the commission adopted decision c(2012) 9448, corrected by decision c(2013)1668 of 22 march 2013 (hereafter the recovery decision) concerning aid granted by sea to its subsidiary seah during the years 2002-2010. the commission concluded that the entirety of the injections carried out by sea into its subsidiarys capital constituted unlawful state aid. the commission also concluded that, although seah could be classified as an undertaking in difficulty, those capital injections could not be declared compatible with the internal market under the eu guidelines on state aid for rescuing and restructuring firms in difficulty (2). (4) consequently, italy was ordered to take all necessary steps, in accordance with the applicable national laws, to recover from seah the incompatible state aid of approximately eur 359,644 million plus recovery interest. (5) on 4 march 2013, 15 march 2013 and 18 march 2013 respectively, italy, seah and the municipality of milan lodged actions for annulment against the recovery decision before the general court (cases t-125/13, t-152/13 and t-167/13). cases t-125/13, t-152/13 and t-167/13 are pending. (6) on 18 march 2013 and 21 march 2013, seah and the municipality of milan introduced applications to suspend the operation of the recovery decision (cases t-152/13 r and t-167/13 r). on 21 may 2013, the administrative court of lombardy (tar lombardia) ordered the suspension of the implementation of the recovery decision. on 25 september 2013, the council of state (cds) annulled the order of tar lombardia. the application for suspension brought before the general court was withdrawn in june 2013 (3). (7) on 27 november 2013, by way of an informal pre-notification process, italy consulted the commission on the following projects: first, on seas plan to liquidate seah; second on seas intention to establish a new subsidiary providing ground handling services at milan airports, named airport handling spa (hereinafter airport handling) and to inject initial equity into it. in that pre-notification process, italy asked the commission to confirm that: (a) the sale of seahs assets in the liquidation procedure does not involve elements of economic continuity with airport handling, and thus does not transfer the formers liabilities to the latter, and in particular the requirement to recover the unlawful and incompatible state aid granted to seah; (b) seas equity injection into airport handlings capital does not qualify as state aid. (8) by letter dated 9 july 2014, the commission informed italy that it had decided to initiate the procedure laid down in article 108(2) of the treaty in respect of the setting-up by sea of airport handling (the 2014 opening decision). with that procedure, the commission invited italy to provide all such information as may help to assess the question of the transfer of the recovery obligation from seah to airport handling as well as the possible aid inherent in seas capital injection in airport handling, within 1 month of the date of receipt of this letter. (9) on 19 september 2014, italy, sea and airport handling lodged actions for annulment against the 2014 opening decision before the general court (cases t-673/14, t-674/14 and t-688/14). the general court (fourth chamber) rejected the action in case t-673/14 by order of 8 december 2015; the actions in cases t-674/14 and t-688/14 were withdrawn on 14 and 15 july 2015 respectively. (10) on 23 september 2014 and 25 september 2014, sea and airport handling introduced applications for interim measures to suspend the operation of the commissions 2014 opening decision (cases t-674/14 r and t-688/14 r). on 29 september 2014, the president of the general court ordered the suspension of the publication of the 2014 opening decision in the official journal of the european union. on 28 november 2014, the president of the general court rejected seas and airport handlings requests for interim measures and revoked the preliminary interim measure whereby it ordered the commission not to publish the 2014 opening decision (4). (11) on 6 february 2015, the 2014 opening decision was published in the official journal of the european union (5) and the commission thereby invited interested parties to submit their comments on the measures under investigation. (12) italy submitted its comments on the 2014 opening decision by letter dated 9 september 2014. (13) the commission received comments from four interested parties. it forwarded those comments to italy and gave it the opportunity to react. italy informed the commission of its observations on said comments by letter of 26 may 2015. (14) the commission asked italy to provide additional information by letter of 20 may 2015. italy replied by letters of 19 and 22 june 2015 and 2 july 2015. (15) meetings between the commissions services and the representatives of the italian authorities and the milan airport handling trust took place on 30 january 2015, 7 may 2015, and 15 september 2015. those meetings were followed by several submissions to the commission by the trust on 6 february 2015, 8 june 2015, 13 august 2015 and 23 september 2015, essentially aiming to inform the commission on the state of the procedure for the sale of a minority shareholding in airport handling. the nature and task of the trust will be explained in section 2.3 below. (16) by letter dated 23 october 2015, the commission asked italy to provide supplementary information. italy responded by letter dated 10 november 2015. (17) on 25 november 2015, a meeting was held between the commission services and the italian authorities, the milan airport handling trust and the company dnata that was preparing to acquire a participation in airport handlings share capital. (18) by letter of 16 december 2015, italy informed the commission on plans to partially alter the scope of airport handlings economic activities. (19) italy presented a summary of the main elements it had supplied in the course of the proceedings, by letter of 18 december 2015. the commission responded by letter of 19 january 2016. (20) by letters dated 29 january and 15 february 2016, italy updated the commission on the process of the privatisation of airport handling. 2. description of the measure (21) there are two measures under investigation: first, the creation of airport handling combined with the liquidation of seah. the commission assessed whether this measure gave rise to economic continuity between the two companies, leading to a transfer of the recovery obligation from seah to airport handling. second, the provision of equity capital to airport handling, by its public mother company sea. the commission assessed whether this measure was implemented on market terms. in the following, a description of the circumstances surrounding these transactions is given. 2.1. agreements with the trade unions and new work contracts (22) in the period during which the measures under investigation were implemented, sea group (sea and seah), seah and airport handling respectively concluded agreements with the trade unions that represented the employees of seah, against the backdrop of seahs voluntary liquidation, initiated by sea. the overall objective of these agreements was to safeguard the jobs of all seah personnel and to ensure continued and sustainable handling operations in the sea-group. the following agreements were concluded: (23) after sea had decided that seah should be wound up in order to comply with the recovery decision, sea group concluded an agreement with trade union organisations, on 4 november 2013, to solve the issue of seah workers becoming redundant. the agreement provided for a voluntary termination incentive plan for all seah employees, to be implemented through collective dismissals and the incorporation of a new whollyowned subsidiary of sea which would hire part of seahs workforce. (24) that agreement specified a draft settlement and stipulated that an implementing agreement was necessary to set out rules for new contractual conditions and a new working structure for airport handling employees, because the requirement for discontinuity stated by the commission would dictate the creation ex novo of employment relationships. further according to the agreement, conclusion of such implementing agreement would only be possible following the completion of commercial negotiations between airport handling and the carriers operating at linate and malpensa airports, in a context of free competition (6). in summary, the implementing agreement had to be based on the following principles: continuation of the objective to safeguard the jobs of all seah personnel, identification of clear criteria for the possible relocation of personnel within the sea group, economic viability of the handling business, definition of an appropriate, inclusive system of industrial relations, continued application of the sea group company welfare system. (25) on 22 april 2014, seah initiated the laid-off workers mobility scheme (collocamento in mobilit ), a social security scheme put in place by the italian state mainly aiming to support employees of companies in difficulties during unemployment periods (7). at that time, seah had 2 214 employees, being the equivalent of 1 980 full time employees. (26) on 31 may 2015, airport handling had [ ] (*1) employees ([ ] (*1) full-time equivalents, hereinafter fte), of which [ ] (*1) employees ([ ] (*1) fte) were previous seah-employees. (27) on 4 june 2014, seah and the trade unions signed the implementing agreement aiming to implement the provisions of the draft settlement described under recital 24 above. (28) the agreement laid down that sea had consented, firstly, that airport handling employs seah personnel, to the extent and subject to the job profiles required by airport handling and secondly, that negotiations with the trade union organisations commence with regard to staff selection criteria. the agreement also points out that any new employment contract with airport handling would be necessarily characterised by a break with the formal and substantive content of the employment contract with seah. (29) according to that agreement, seah showed its availability to provide for a financial incentive scheme for workers who by 30 june 2014 agree not to oppose the layoff measures. (30) also on 4 june 2014, airport handling concluded an agreement with the trade union organisations. that agreement specifies the number of employees with contracts of an indefinite duration required by airport handling on 1 july 2014. it further specified that airport handling agreed to re-employ with priority former employees of seah. (31) that agreement indicates airport handlings presumed labour demand expressed in fte. in that context, the agreement emphasises that those indications may be subject to change in terms of the total number and/or variables stated in the agreement. the staff estimates were as follows: [ ] (*1) fte permanent staff for operations; [ ] (*1) fte administrative staff; [ ] (*1) fte fixed-term personnel for seasonal activities. the agreement stipulates that, in order to satisfy that demand, airport handlings priority strategy will be to approach individuals currently employed by seah. the agreement also provides for the recruitment procedure, the legal and financial content of employment contracts, welfare policy and work organisation. the agreements provisions imply that former seah staff will be hired under new contracts with materially different economic conditions. (32) working arrangements set out in that agreement differ from those which seah applied to its employees. in particular: under the national collective labour agreement for aviation staff, airport handling would apply the handlers section, while the airport operators section applied to labour contracts of workers previously employed by seah. according to italy, the handlers section provides for different conditions concerning leave (20 instead of 22 days per year), duration of work (7h30 minutes a day instead of 7h15 minutes a day) and remuneration and allowances (elimination of 6 days remuneration), different organisation of salary rights, e.g. the non-application by airport handling of certain headings of the corporate contract supplementing the national collective labour agreement, which seah used to apply to its employees, different organisation of employees (e.g. [ ] (*1)). (33) according to italy, as a result: airport handlings total labour cost decreased by 30 % compared to seahs total labour cost, the weight of the costs of airport handlings supplementary corporate contract decreased by [ ] (*1) % when compared to seahs, with average salary cuts on an annual basis being [ ] (*1) times the monthly salary. (34) on 9 june 2014 seahs extraordinary shareholders assembly approved the winding up of the company and its placement into voluntary liquidation, establishing the effective winding-up date as being 1 july 2014 (8). (35) a liquidator was appointed and tasked to sell the companys assets, pay off creditors and prepare the final liquidation balance sheet and report. (36) the trade union organisations had conditioned the entry into force of the agreements of 4 june 2014 on the positive result of a referendum amongst seah employees. that referendum was held between 11 and 13 june 2014. in that referendum, the agreement of 4 june 2014 was rejected. (37) therefore, on 1 july 2014, seahs shareholders assembly decided the prolongation to 31 august 2014 of the deadline for seahs cessation of activities, empowering the liquidator (who had assumed his role on 1 july 2014) to provisionally manage the company until that date, and, on expiry of that term, to proceed to the disposal of seahs assets and the cessation of its activity. (38) in order to overcome the negative vote of the referendum of 14 june 2014, the trade union organisations on 4 july 2014 proposed certain clarifications on points stipulated under the june 4, 2014 agreement, such as that additional days of work had to be spread evenly throughout the year, that reference to the effectiveness of the working hours meant that at least 7,5 hours per day, per 5-day working weeks, had to be worked, and that workers had the possibility to select, between two options, how to work during certain festivities which were no longer paid under the new agreement. on 7 july 2014 airport handling endorsed those proposals. on 15 july 2014, airport handling signed a supplementary agreement which confirmed the validity of the agreement of 4 june 2014 and included the clarifications requested by the trade union organisations. that new agreement however did not introduce any material alterations as compared to the previously rejected agreement of 4 june 2014. (39) in august 2014, seah proceeded to the dismissal of its entire workforce. at the same time, airport handling started to recruit, amongst former workers of seah, those workers which it considered essential to its activities. airport handling also contacted adecco, a service provider in the field of temporary work, for the procurement of temporary workers. (40) seah ceased operations as of 1 september 2014. on that day, airport handling started operations at milan airports. as of 1 september 2014, airport handling had [ ] (*1) employees ([ ] (*1) fte), thus employing [ ] (*1) % of the workers employed by seah as of 22 april 2014, date on which seah initiated official proceedings for the collective dismissal of its employees. in addition, airport handling used [ ] (*1) interim-workers ([ ] (*1) fte) [ ] (*1). 2.2. contract with the air carriers (41) by letter of 22 april 2014, seah informed air carriers, suppliers and other interested parties, that it would cease operations as of 1 july 2014 and that therefore, on that date, it would cease providing ground handling services at milan airports. (42) following the above communication, ten airlines decided to entrust ground handling services at milan airports to providers other than seah and airport handling. (43) at the same time, airport handling was selected as ground handler service provider by 19 airlines operating at milan airports based on open tenders. other airlines selected airport handling based on competitive dialogue procedures. according to italy, the selection of the service provider is normally based on the assessment of certain factors such as price, financial soundness of the provider, availability of efficient equipment, existence of a network, track record, experience and competences of the operator. 2.3. creation of airport handling and transfer of seas participation to the milan airport handling trust; capitalisation of airport handling (44) airport handling was incorporated on 9 september 2013 as a limited liability company with a share capital of eur 10 000. (45) on 10 march 2014, seas board of directors decided to increase the capital of airport handling by up to eur 2,5 million, in order for airport handling to meet the requirements for certification as ground handler by the national civil aviation authority (enac). pursuant to the national rules in force, enac grants licences to ground handling services providers that meet the following requirements (9): capital of at least one fourth of the likely turnover, operating resources and organisational capacity adequate to carry out the services, certificate proving that all obligations arising from labour and safety laws are complied with. (46) on 30 june 2014, seas board of directors decided the setting-up of the milan airport handling trust (the trust) and the increase in airport handlings capital by up to eur 25 million. (47) the trust was incorporated on 30 june 2014 and the trust deed was signed on the same day. according to its deed of incorporation, the trust: (i) acts as sole shareholder of airport handling pending the sale of a minority shareholding in the company; and (ii) ensures that airport handling operates in economic discontinuity with sea handling. (48) according to the trust deed, the trust was set up for the specific purposes to: confirm and verify the absence of economic continuity of airport handling with sea and seah, ensured notably by managing airport handling independently of sea, allow the entry of independent third-party investors in the share capital of airport handling for a percentage shareholding of not less than 30 %. (49) the trust deed states that in order to implement this mission, the trust exercises its power to: appoint directors, statutory auditors and other corporate bodies, choosing among eligible candidates that have no operational responsibility or employment relationship with sea or seah, ask for a report from the directors on the events of economic discontinuity which occurred prior to the incorporation of the trust, and ensure that appropriate procedures are in place to avoid that the commercial information of sea unduly benefits airport handling in acquiring or maintaining contracts with airlines, compared to competitors, with the observance of the limitations contained in annex a of the trust deed. (50) in particular, according to the trust deed, the trustee shall verify that, since the incorporation of airport handling, no legal acts have been put in place which result in the transfer by seah to airport handling of any assets, moveable and immoveable property, contracts with airlines and/or with handling services suppliers, intellectual property rights or unilateral undertakings with economic effects (i.e. real or personal guarantees) other than those provided under the trust deed. (51) in this sense, the trust deed excludes from the scope of the controlling power of the trustee: the fact that airport handling was incorporated and capitalised by sea, the fact that airport handling had taken over personnel from seah, the fact that airport handling leases its assets and handling equipment from seah under a lease contract due to expire on 28 february 2015. (52) in addition, the trust deed also provides that the trustee is required to verify that: with the exception of the powers granted to sea under the trust deed, airport handlings operational management is separate from seas management, under the control and oversight of the board of directors, whose members are appointed autonomously by the trustee, before or after the creation of the trust, sea and airport handling do not put in place legal deeds resulting in the transfer by sea of assets, moveable or immoveable property, contracts, unilateral undertakings with economic effect (i.e. real or personal guarantees) or intellectual property rights, other than those provided in the trust deed or requested by sea in its capacity as concession holder of the milan airports, and airport handling puts in place procedures and controls to avoid that it can benefit from seas proprietary commercial information which could unduly benefit airport handling in acquiring or maintaining contracts with airlines, such as information on the contracts entered into in the past by seah or requirements of the airlines communicated to sea in its capacity as airport operator. (53) according to the trust deed, it is however not the task of the trustee to verify or assess the circumstances that: representatives of sea participated to the negotiations with the employees to be assumed by airport handling, airport handling benefits from outsourced sea-employees, including its general manager, which was to be maintained for the duration of the trust, certain centralised services would continue to be provided by sea, sea may verify quality service levels in order to comply with its duties as airport operator of the milan airports infrastructure, decisions on the future funding of airport handling are entirely left to sea, without prejudice to the rights of the board of directors of airport handling to take decisions in order to implement the business plan. (54) as far as the entry of a third party investor in airport handling is concerned, the trust deed provides that the initial phase of the procedure for the opening of airport handlings capital to eligible shareholders (namely physical or legal persons or entities which, if resident in italy, do not qualify as public entities or companies controlled by the italian state, with the exception of listed companies) was to be managed by sea and was supposed to be completed by 28 february 2015. (55) the trust deed stipulates that if by 1 march 2015 sea is still a shareholder of airport handling for more than [ ] (*1) %, the trustee shall start searching for investors which must comply with conditions previously communicated to it by sea through a deed which must be notified to the lawyer acting as trust guardian, and subject to revision by sea in due time. in any other case, the trustee may not alienate the shareholding in airport handling without seas consent. (56) the trust deed further stipulates that after the sale of [ ] (*1) % of seas shareholding in airport handling, sea shall search for private investors willing to take on further participations in airport handlings capital, taking into account social considerations and the obligation on sea to continue ensuring the provision of ground handling services at milan airports. (57) on 26 august 2014 airport handlings board of directors approved an addendum to the trust deed. the addendum laid down that airport handling would issue 20 000 participating equity instruments sfps (strumenti finanziari partecipativi) pursuant to article 2346 paragraph 6 of the italian civil code (10), with a nominal value of eur 1 000 each, to be proposed to sea. the addendum was signed on the following day. (58) on 27 august 2014, airport handlings shareholders assembly (11) decided to increase airport handlings capital from eur 1,3 million to eur 5 million, subscribed and paid-in by sea. (59) on the same day sea transferred the entire holding of airport handling to the trust and appointed a trustee, namely crowe horwath trustee services (the trustee) to manage airport handling. (60) on 27 august 2014 the trustee appointed a new board of directors of airport handling. sea [ ] (*1) senior managers [ ] (*1), out of five, [ ] (*1). according to italy, both perform their activities in the exclusive interest of airport handling on the basis of a secondment contract from parent company sea. (61) still on 27 august 2014, after the conferral of seas participation in the trust, airport handlings shareholders assembly (12) decided the conversion of airport handling from a limited liability company (srl) to a joint stock company (spa) and the issuance of the 20 000 sfps, offered for subscription to sea at a price of eur 1 000 each. the sfps were subscribed and paid in by sea the following day, thereby increasing airport handlings capital to eur 25 million in total (eur 5 million share capital and eur 20 million in the form of sfps). 2.4. the attempted sale of seahs assets; the lease contract with airport handling (62) on 12 november 2014, the liquidator issued a call for expression of interest in the purchase of seahs assets; the call was published in the supplement to the official journal of the european union: italy milan: sale of equipment comprising, for information only: cargo loaders, transporters, lifting platforms, pallet jack, mobile/mobile/conveyor belts, towed/bae towed stairs, electric/diesel/hybrid tractors, barrels, generators, air conditioner units, compressors, baggage/goods trolleys 2014/5 218-385934 call for expression of interest (13). for the purposes of the call for expression of interest, the assets were grouped in nine lots. (63) seah commissioned istituto del marchio di qualit spa (imq) to establish a comprehensive valuation of seahs assets and on that base to set the fee for the lease of seahs ground handling equipment as well as the price for the sale of the assets. imq delivered two reports: on 25 june 2014 as regards the lease fee; on 16 october 2014 as regards the division of assets in lots for sale. according imq, the estimated value of the assets shall be understood as the likely market value that assets of similar technical characteristics, performance, state of repair and storage, use and age would have in monetary terms. (64) the closing date for the submission of bids for the nine lots for sale was set for 26 january 2015. (65) imq proposed as a fee for the lease of seahs ground handling equipment eur [ ] (*1) per semester (eur [ ] (*1) per year). (66) on 1 september 2014, seah and airport handling entered into a lease contract by which airport handling would lease seahs ground handling equipment at a lease fee of eur [ ] (*1), i.e. the amount proposed by imq. the lease contract was to expire on 31 august 2015. (67) in order to confirm the correctness of the valuation process carried out by imq, airport handling and seah on 1 september 2014 contracted a second independent expert, ernst & young financial-business advisors spa (e&y), to revalue the level of the lease fee. in this context, seah and airport handling had contractually agreed that, should the second valuation conclude that the market value deviated by at least [ ] (*1) % from the level set by imq, the contractual fee would be adjusted accordingly with retroactive effect. (68) on 15 october 2014, e&y delivered its report and set the market rate for the lease of seahs assets at eur [ ] (*1) per year. on 25 october 2014, airport handling and seah agreed to broaden the analysis carried out by e&y and entrusted the latter with the task of analysing the actual operating conditions and physical state of the assets (e&y had initially based its assessment on a physical check of the assets on a sample basis). this analysis revealed that a number of machinery and equipment were not suitable for use taking into account the short duration of the lease and the high costs of necessary repairs in view of the obsolete nature of many pieces of equipment. according to the trust, at the date when it submitted its comments on the 2014 opening decision, seah and airport handling were contemplating a solution to avoid litigation. consequently, the lease fee was retroactively adjusted to eur [ ] (*1) per annum. (69) on november 26, 2014, airport handlings board of directors decided to start the public tender for the purchase of new equipment on the market. on 11 february 2015, as a result of that tender procedure, airport handling replaced roughly [ ] (*1) % of its equipment by assets bought on the market, costing approximately eur [ ] (*1). according to the italian authorities, airport handling financed that purchase exclusively through its own resources. (70) on 9 february 2015, the tender for the sale of seahs assets was declared unsuccessful, as no bidder had expressed interest in the purchase of any of the lots. (71) on 26 february 2015, seah received a first notice from airport handling, whereby the latter expressed its interest in the purchase of 6 of the 9 tender lots. on 3 june 2015, airport handling renewed its notice of interest. on 18 september, 2015, [ ] (*1) were sold to airport handling at the price indicated in the initial tender procedure, being eur [ ] (*1). 2.5. the sale of a minority shareholding in airport handling (72) as laid down by the trust deed, the trustee initiated the procedure for the sale of a minority share of airport handlings capital. (73) for that purpose, the trustee on 27 january 2015 appointed the italian branch of bnp paribas as financial advisor in relation to the sale of at least 30 % of the share capital of airport handling to third party investors. the italian authorities pointed out that bnp paribas in its capacity of financial advisor organised the sale process in complete independence. bnp paribas scheduled the following sale phases: 1. preliminary screening; 2. organisation of the transaction; 3. closing of the transaction. (74) five interested investors submitted non-binding offers for the purchase of a [ ] (*1)-[ ] (*1) % stake in airport handling: [ ] (*1), [ ] (*1), [ ] (*1), [ ] (*1), and [ ] (*1). (75) according to the draft sale contract provided by italy, in order to allow the investor to have operational control of airport handling, the trustee undertakes, for the entire period until the expiry of the standstill period (14), to grant the investor the right to appoint the majority, i.e. three out of five members, of the board of directors, among which the ceo of the company, whilst the chairman of the board of the directors shall be appointed by the shareholders meeting. (76) on 21 september 2015, the trustee signed a binding framework investment agreement with dnata, for the sale of [ ] (*1) % of airport handling shares. pursuant to that agreement, the following arrangements apply: (77) initial investment: after merger control authorities have cleared the acquisition, dnata acquires [ ] (*1) % of airport handlings shares with the right to appoint the majority of the board of directors and the ceo. the objective of that arrangement was that dnata, despite being a minority shareholder, would effectively be in the position of a controlling shareholder. (78) additional investment: under a call-option arrangement, dnata is entitled to acquire a further [ ] (*1) % stake in airport handling. a specific state aid put-option stipulates that dnata will have the right to sell back its [ ] (*1) % stake for the adjusted initial acquisition price, if either the commission adopts a negative decision, or if 18 months after completion of the initial investment, the state aid procedure is still pending. (79) on 8 february 2016, the italian competition authority, autorit garante della concorrenza e del mercato, cleared the acquisition of the sole control of airport handling by dnata under italian merger control law. the trustee informed the commission that subsequent to that clearance, it would proceed with dnata to closing of the investment on 8 march 2016. 2.6. the business plan 2014-2017 2.6.1. the business plan of 14 november 2013 (80) during the preliminary investigation phase, italy had provided the business plan of airport handling for the period 2014-2017, dated 14 november 2013 (the business plan of november 2013), to evidence that seas investment in the capital of airport handling complied with the market economy investor principle. the main elements of that plan are summarised below: (81) the business plan focuses on ramp (15) and passenger (16) services, which represent the main part of airport handlings business. the companys overall market share at both malpensa and linate airports was expected to be [50-70] (*1) % and [50-70] (*1) % respectively in the second semester of 2014 and to increase to [60-80] (*1) % and [60-80] (*1) % respectively by 2017. (82) the projections developed in the plan depict increasing operating revenues on account of a forecasted increasing market share. total revenue was assumed to increase from eur [ ] (*1) for the second half of 2014 to eur [ ] (*1) in 2017, based on an assumption of an [ ] (*1)-[ ] (*1) % p.a. increase in passenger traffic for the period 2014-2017. (83) average staff numbers were projected to increase from [ ] (*1) fte in 2014 to [ ] (*1) fte in 2017 due to an increase in the number of contracts with fixed duration. labour costs were estimated to be around [ ] (*1) % of total operating costs. sea would increase productivity by 12 % in the reference period, using three main drivers: efficiency gains in the start-up of airport handling (adjusting the share of fixed duration and part time contracts; better definition of the work programme 2; adjusting the organisational structure to use resources effectively by restricting use of seasonal workers; maximising capacity of existing workforce), economies of scale resulting from the increase in traffic, structural adjustments in the business processes (better work planning and organisation; investments in technical solutions to enable partial or total automation of certain activities; linking workforce expenditure against business outputs and outcomes). (84) initial start-up costs for the renegotiation of client and supplier contracts, workforce agreements, recruitment, writing of organisational/administrative/operational procedures, legal costs, bank charges, consultancy and purchase of small items and sundry supplies were expected to amount to eur [ ] (*1). (85) operational start-up costs, i.e. capital expenditure required for airport handling to become operational were estimated at eur [ ] (*1) for new equipment. however, for the purpose of the business plan of november 2013, it was assumed that airport handling would acquire used ground handling equipment valued at eur [ ] (*1). (86) in order to cover the outlay for all estimated start-up costs, the business plan requires a capital increase of eur [ ] (*1) in [ ] (*1). 2.6.2. the business plan of 6 august 2014 (87) further in the course of the investigation, italy submitted a revised business plan for the period 2014-2017, dated 6 august 2014 (the business plan of august 2014), as approved by airport handlings board on 26 august 2014. according to information provided by italy, that revision was already being finalised in the month of july 2014. that plans main assumptions are summarised below: (88) market share: as regards [ ] (*1), the business plan of august 2014 assumes slightly lower growth than the previous plan, with a market share of [70-80] (*1) % in [ ] (*1), based on updated forecasted levels of traffic of [ ] (*1), and the [ ] (*1). (89) prices: unit prices (per aircraft movement) are higher than the prices assumed in the business plan of november 2013, and are constant in nominal terms over the entire period 2014-2017. (90) personnel costs: estimated personnel costs in the business plan of august 2014 are slightly higher than those assumed for the november-2013 business plan and are ranging between [ ] (*1) and [ ] (*1) % of operating costs. that increase is due to the [ ] (*1). (91) other costs taken into account were external costs, depreciation and provisions, which together accounted for about [ ] (*1) % of total operating costs, and regulated costs (about [ ] (*1) %) of services which sea provides to airport handling for the use of common shared infrastructures of the airport (notably [ ] (*1)). the august-2014 business plan estimated that eur [ ] (*1) would have to be invested for the purchase of equipment, of which [ ] (*1) % for the purchase of new equipment and [ ] (*1) % for the purchase of second-hand vehicles on the market. these figures were based on bids by potential suppliers received by airport handling in march 2014. (92) like the business plan of november 2013, the business plan of august 2014 shows a reduction in operating costs as compared to seahs cost structure, achieved in essence through efficiency increase and personnel reduction. 2.6.3. economic valuations of the business plan 2.6.3.1. the bcg report (93) airport handling commissioned boston consulting group with a preliminary independent evaluation of the business plan 2014-2017 (the bcg-report). bcg delivered its report on 14 october 2014. (94) the bcg-report is based on the business plan approved on 26 august 2014, on the business plan drawn up in november 2013, on bcgs own industrial experience and know-how as well as on public data relating to market developments and the main handling operators. (95) in summary, bcg evaluated the following assumptions underlying the business plan: revenue perspectives (based on assumed traffic growth potential, assumed growth of volumes handled by airport handling); personnel costs (based on costs per fte; assumed productivity gains); planned investments (total amount eur [ ] (*1)). (96) bcg summarised its findings as follows: (97) in essence, the assumptions concerning traffic volumes at the level of sea appear to be sustainable and consistent with provisions made by major organisations, in particular iata and eurocontrol. bcg however noted that the intention to maintain a constant mix of carriers, consisting of low-cost carriers (lccs) and so-called legacy carriers, would not be in line with historical development of the mix at the malpensa terminal, where over the past 4 years the share of lcc would have increased by [ ] (*1) percentage points. moreover, a new national regulation (decreto linate) could lead to the relocation of some carriers from malpensa to linate. (98) the assumption on possible development of the volumes handled by airport handling seems broadly achievable because firstly, the agreements signed with new carriers at the date when bcg wrote the report would ensure a market share of [60-70] (*1) %; secondly, the [70-80] (*1) % target market share for 2017 would be sustainable in view of current competitive dynamics in the sector as well as of seahs historical [70-80] (*1) % market share. (99) according to bcg, assumptions on revenue from services to the airport manager seemed to be broadly pursued in ongoing negotiations with sea. bcg however could not assess expected revenues in the last year of the plan (2017), due to the assumed 2-year contract duration. (100) assumptions on average personnel unit cost increases of [ ] (*1) % per year from 2014 to 2017 would be broadly aligned with the agreement signed between the italian association of airport operators, assaeroporti, and trade unions in october 2014. (101) the [ ] (*1) % improvement in resource productivity would appear to be broadly sustainable firstly, because [ ] (*1) % productivity gain had already been achieved when the report was written and secondly, because the remaining [ ] (*1) % seem reasonable in light of current organisational levers and technical stage of implementation. (102) bcg also found that the eur [ ] (*1) budget for investments appears broadly consistent with the purchase of a new fleet mainly consisting of new vehicles (95 %), as shown by the detailed purchase values indicated in the tenders received by airport handling at the date of march 2014. (103) bcg found that in summary, the profit margin foreseen in the business plan to 2017 ([ ] (*1) %, eur [ ] (*1)) would appear broadly in line with, or slightly below the average profitability of a significant sample of other european companies operating in the private and public sector (based on a comparison with portway, acciona, aviapartner, fraport and ata-handling). bcg however pointed out that the actual evolution of the traffic mix as well as possible impacts of a new regulation concerning linate (decreto linate) might lead to less traffic at malpensa. 2.6.3.2. the brattle report (104) sea commissioned brattle group to analyse seas equity injection in airport handling, and in particular to analyse whether that investment complied with the market economy investor principle. brattle delivered its report on 30 march 2015. (105) according to the brattle report, the analysis is based on the information that was known to sea at the time the decision to invest in airport handling was taken, as well as on public data concerning the competitive position of sea. according to the brattle report, the assumptions in the business plan of november 2013 are the most relevant for the market economy investor test, since they represent the basis on which sea carried out the investment (17). (106) according to the brattle report, the doubt spelt out by the commission in the 2014 opening decision, namely that airport handlings business plan was overly optimistic, can be dispelled, given that key assumptions of the business plan have been realised in practice. in particular, airport handlings market share in 2014 exceeded the forecasts of the business plan of november 2013. (107) according to the brattle report, unit prices (prices charged by airport handling for each aircraft movement) shown in the business plan of august 2014 are based on contracts already signed with the airlines, on average being eur [ ] (*1), which is higher than the price assumed in the business plan of november 2013, ranging from eur [ ] (*1) in 2014 to eur [ ] (*1) in 2017. this led the experts to the following conclusions: first, market prices in the business plan of august 2014 are closer to the actual process achieved, because they were based on signed contracts. second, that the business plan of november 2013, on which sea based its investment decision, actually underestimated the market price that airport handling could charge. third, this confirms that market prices in the business plan of november 2013 were not only reasonable but in fact were too low. (108) lastly, the experts noted that market prices that airport handling negotiated with the airlines were lower than the prices that seah was actually charging. (109) the experts agree that the initial market share for airport handling, as anticipated in the business plan of november 2013, may seem high for a new entrant. they however assume that a market economy investor would have known that the demise of seah would create an unusual situation, whereby a large number of the handling contracts at the sea airports were up for grabs. the experts conclude that airport handling would have therefore taken advantage of this situation in the same way the other operators at the milan airports could have done. in addition, according to the report, airport handlings anticipated market share would be typical for large italian airports, where the largest handler normally holds a share of around 70 % of the market. in addition, the experts had established that airport handling is the only handler with sufficient assets and equipment to guarantee 24-hour full service, which would be a key advantage with respect to competitors. (110) the experts also found that lower personnel costs was one of the key reasons why airport handling expected to be profitable although seah had been loss making. the experts considered such assumption as reasonable, since airport handling was negotiating new labour contracts where workers agreed to work 20 additional days per year relative to the previous seah contracts. (111) moreover, according to the brattle report, although the business plan of november 2013 slightly underestimated labour costs, the business plan of august 2014 showed fte costs of eur [ ] (*1)/hour, [ ] (*1). (112) in the experts view, when investing in airport handling, a market economy investor would have expected to earn a rate of return (internal rate of return irr) equal to or greater than the weighted average cost of capital (wacc) according to standard financial theory. in this case the calculations confirmed that in all scenarios the expected irr of the project exceeds the wacc and therefore a private investor would have expected to earn profit from its investment in airport handling. (113) the consultant also noted that when sea made its decision to set up airport handling in 2013, the private equity fund f2i owned 44,31 % of the company. f2i appoints two members to seas board of directors and according to the brattle report neither board member had voted against the proposal for sea to invest in airport handling, which would evidence that the investment was expected to be profitable and was therefore consistent with the market economy investor principle. (114) further according to the brattle report, a market economy investor would have considered the probability that the commission finds economic continuity between seah and airport handling, and therefore requires the latter to repay the aid found incompatible in the recovery decision, to be relatively low. this is because sea undertook measures to ring-fence airport handling and to prevent economic continuity, such as the setting up of the trust. according to brattles financial estimations on the november 2013 business plan, as long as the chance of a finding of economic continuity was less than [ ] (*1) % (assuming the cost of capital estimate proposed by sea) or less than [ ] (*1) % (assuming the cost of capital estimate proposed by brattle), then seas investment with ah was consistent with the market economy investor principle. brattle found it reasonable to assume that given the context and in particular the notification to the commission, a market economy investor would judge such probability to be less than [ ] (*1) %, and would therefore invest in airport handling on purely economic terms. 2.7. announced reduction of the scope of airport handlings economic activities (115) italy proposed to further reduce the scope of the activities currently carried out by airport handling in comparison with those carried out in the past by seah. in particular relating to [ ] (*1). (116) sea currently provides [ ] (*1), pursuant to a new and different agreement expiring on 31 december 2018. (117) sea declared that it was willing to terminate, by 31 december 2016 at the very latest, the agreement relating to [ ] (*1), thereby taking it away from airport handling, and also to hire around [ ] (*1) airport handling employees currently [ ] (*1). as a result of this change, the turnover of airport handling, being in the order of eur [ ] (*1) in its first year of activity, would be reduced by around eur [ ] (*1). 3. grounds for initiating the formal investigation procedure 3.1. on economic continuity and transfer of the recovery obligation (118) in the 2014 opening decision, the commission took the preliminary view that in this case, the criteria identified by the court of justice to establish if a company other than the initial aid beneficiary can be held responsible to pay back the aid were largely fulfilled. in particular: even if the staff would be re-employed by airport handling, according to the agreement signed by sea, seah and the trade unions on 4 november 2013, it appeared that former employees of seah were being guaranteed the rights acquired under the previous contracts with seah, according to information available to the commission at that stage, sea and airport handling, even before the expiry of the main contracts with the airlines, had engaged in joint marketing efforts aiming to reassure airlines operating at the airport that sea would continue the ground handling business through its new subsidiary airport handling after seahs liquidation has been completed, the equipment required to provide ground handling services would be leased by airport handling from seah, pending the (possible) sale of such assets to third parties in the open tender. the commission considered that italys argument that such assets would be leased by airport handling at the market price could be accepted, to the extent the value of the assets in question was assessed by an expert appointed by the parent company sea and the eventual sale of those assets was not certain, the new ground handling business would have the same owner as seah, namely sea. the commission considered italys proposal to tender out 20 % of the capital of the new ground handling provider insufficient to guarantee discontinuity from seah since first, the proposal was only limited to a minority shareholding and second, no guarantees were provided that that would actually happen. moreover, this opening of the capital would only occur after the entry of airport handling on the market, the timing after adoption of the recovery decision and economic logic of the creation of the new ground handling provider suggested that the plan pre-notified by italy constitutes a mechanism to circumvent recovery. (119) the commission therefore preliminarily concluded that the object and effect of the creation of the new company appeared to be the circumvention of the obligation to repay the aid and that airport handling was the successor of seah. on this basis the commission took the preliminary view that airport handling could be held liable to pay back the aid granted to seah in the past and found incompatible in the 2012 recovery decision. 3.2. on the capital injection (120) the commission took the preliminary view that seas decisions to set up airport handling and to inject equity into it was imputable to the state: firstly, the commission noted that the municipality of milan held a majority stake of 54,81 % in sea and that therefore the state should be regarded as having an influence on seas decision-making processes and being involved in the decisions taken by the company. secondly, the commission referred to certain statements made by representatives of italian authorities in relation to the issue, which seemed to indicate that the creation of airport handling was orchestrated by the italian authorities, notably in order to protect employment at milan airports. (121) in addition, since sea appeared to be controlled by the italian authorities, the commission reached the preliminary conclusion that the capital injection, which was financed by sea, involved state resources. (122) the commission also took the preliminary view that sea did not act as a market economy investor when performing the injection in airport handlings capital. (123) firstly, the commission expressed doubts that a private investor would have provided capital to airport handling at the time when sea did, since the commissions services had already informed the italian authorities that the intended setting-up of a new ground handling provider would likely lead to economic continuity and thus liability of the new company to reimburse the aid found incompatible in the 2012 recovery decision. the business plan of november 2013 however did not take the risk of a transfer of the recovery liability from seah to airport handling into account. (124) secondly, the commission expressed doubts as to whether the business plan underpinning seas decision to invest in airport handling relied on sufficiently robust assumptions. (125) the commission therefore considered that seas investment of eur 25 million into airport handling does not appear to be based on economic evaluations comparable to those which, in the relevant circumstances, a rational private investor in a similar situation would have had carried out, before making such investments, in order to determine its future profitability. on that basis, the commission took the preliminary view that the eur 25 million capital injection amounted to state aid in favour of airport handling. 4. comments from italy 4.1. on economic continuity (126) italy recalled that according to settled case-law, the recovery of illegal and incompatible state aid aims to eliminate the distortion of competition caused by the competitive advantage conferred by the unlawful aid. consequently, the unlawful and incompatible aid must be recovered from the undertaking that actually benefited from it. the recovery obligation may only be extended to companies other than the original beneficiary of the aid if the following cumulative conditions are fulfilled: that the company was found to continue the activity of the recipient undertaking, and that the company retains the actual benefit of the competitive advantage connected with the receipt of the aid. (127) in italys view, in this case the transfer of the competitive advantage linked to the aid granted to seah can be excluded from the outset. (128) in particular, italy notes that the alleged advantage granted to seah was defined by the commission in recitals 219 et seq. of its recovery decision as corresponding to the compensation of seahs losses during the period 2002-2010. as indicated by the commission, those losses had been generated by high personnel costs, which represent a significant share of the cost structure of a ground handling provider. since the capital injections classified as state aid by the commission served primarily to cover losses resulting from excessive personnel costs of seah, in italys view the competitive advantage which seah benefitted from would ipso facto be removed with its liquidation and exit from the market. (129) italy also noted that even if a part albeit small of the competitive advantage linked to the aid granted to seah could be associated with the assets of the company, i.e. the assets used by seah to carry out its ground handling activity at milan airports, those assets would however not be subject to transfer from seah to airport handling. rather, they would be leased temporarily by the latter under market conditions pending their sale on the open market. (130) italy further noted that, even if a transfer of competitive advantage from seah to airport handling effectively took place, it cannot be established in this case that airport handling de facto continues the economic activity of seah. (131) first, no transfer, de facto or de jure, of work contracts would have taken place between seah and airport handling. according to italy, airport handling had only employed, under substantially new conditions, the staff strictly necessary for the performance of the ground handling activity. in addition, the new employment contracts were governed by a different regime (the handler section rather than the airport operators section of the national collective labour contract (contratto collettivo nazionale di lavoro (ccnl)) and association of employees (assohandlers instead of assoaeroporti). on that basis, italy pointed out that airport handling would achieve a reduction of personnel costs, with a significant increase in productivity. (132) italy also added that the commissions assertion in the 2014 opening decision that former employees of seah were guaranteed the rights acquired in respect of previous contracts with seah would not be supported by factual evidence. according to italy the agreement of 4 november 2013 did not provide for any guarantee to the benefit of former employees of seah on acquired rights, and clearly laid down the need for new employment contracts to be based on new conditions. (133) nor would there be any transfer of the contracts between seah and the air carriers operating at milan airports to airport handling. according to italy, upon the termination of contracts between seah and air carriers, airport handling negotiated ex novo the contracts with the air carriers operating at milan airports. in addition, according to italy, sea and airport handling did not engage in common marketing efforts to this end, contrary to the commissions allegations in the 2014 opening decision which according to italy is supported by no factual evidence. this circumstance would in any event be irrelevant to the assessment of economic continuity between seah and airport handling. in that respect, italy recalled that the current portfolio of clients of airport handling is different from that of seah. rather, airport handling would have concluded certain contracts with air carriers that were not already customers of seah, whilst at the same time failed to retain some of the former customers of seah. (134) italy stated that the fact that the business plan of airport handling provides for a market share [ ] (*1) cannot, as such, be considered proof of economic continuity. such market share should be assessed in the light of the objective pursued by airport handling of reaching viability in the medium term. (135) italy also submitted that airport handling is not involved in the procedure for the sale of seahs assets and, therefore, there would be no transfer of assets between the two companies. furthermore, in italys view the mere fact that the assets of the beneficiary of the aid are leased to a third undertaking cannot constitute sufficient evidence that the latter enjoyed the competitive advantage linked to the aid. in italys view, for this to constitute an indication of continuity, the lease of those assets must take place at a price below the market price. in this case, however, the lease price would have been determined by an independent company (imq). (136) italy also recalled that seas shareholding differs significantly from the period when the alleged aid was granted to seah. while sea was entirely state-owned in the period 2002-2010, a private investor, f2i, currently owns 44,31 % of its capital. (137) furthermore, in italys view the setting-up of the trust constitutes an additional guarantee of the absence of continuity between seah and airport handling. indeed, as laid down by the trust deed, the activities of the trustee should be instrumental in achieving the following objectives: ensure the independent management of seas participation in airport handling, assuming sole control over the company and thus ensuring the absence of any interest and/or information flow between airport handling and the sea group, with particular reference to seah and handling activities previously carried out by the latter at milan airports, allow the entry into the capital of airport handling of new private investors not connected to the sea group, as a first step not less than [ ] (*1) %. (138) as a result of the transfer of 100 % of seas shareholding in airport handling to the trust, the trustee was entered in the business register as sole shareholder of the company. in this capacity, the trustee has full and substantial control over seas participation in airport handling. (139) as sole shareholder of airport handling the trustee must, inter alia: exercise voting rights on the appointment of the managing bodies of airport handling independently and without any interference by sea, and in such a way as to ensure that the members of those bodies do not have or have not had operational roles or dependence on sea or seah. at the moment of the transfer of seas participation to the trust, all members of the managing bodies of airport handling appointed by sea handed in their resignation and were replaced by those appointed by the trustee. monitor the economic discontinuity between seah and airport handling, requesting regular reports on the management of the company, the correct implementation of the business plan, the market share and development prospects. ensure that procedures are in place to prevent that airport handling unduly benefits from information held by sea in the acquisition or maintenance of contracts with air carriers or suppliers of goods or services. verify that no sale transaction has taken place between seah and airport handling. 4.2. on the capital injection 4.2.1. on states resources and imputability (140) in italys view, seas status as a public undertaking is not sufficient to conclude that its resources qualify as state resources within the meaning of article 107(1) of the treaty. in that respect, italy recalled that airport handlings financial resources are not in the possession or under the control of sea, as its participation in airport handling is being managed by an independent body, the trust, in total independence from sea. (141) sea would therefore not have the possibility to exercise typical majority-shareholder powers, namely, inter alia, the power to appoint the members of the managing bodies of the subsidiary and, therefore, to participate in a decisive manner to the management of the company. (142) according to italy, the commission cannot infer the imputability of the contested measures to the state by the mere fact that it is highly unlikely that those measures have been taken without any intervention by the state. according to italy, the commission is required to meet a high standard of proof. the measures at hand may be deemed imputable to the state only to the extent that the public shareholder of sea played a key role in the adoption of the capital injection in favour of airport handling. in this sense, italy considers it is important to note that article 15 of seas by-laws provides that the deliberations relating, inter alia, to the increase in capital of subsidiaries must be taken with the favourable vote of at least six members out of seven, which requires the consent of administrators appointed by the private shareholder f2i. consequently, irrespective of their ownership of the majority of the shares of sea, the public shareholder cannot validly deliberate a capital increase without recourse to consent (or rather, the decisive vote) of directors appointed by the private shareholder. (143) furthermore, italy submitted that statements such as those made by the minister for infrastructure and transport to reassure workers, quoted by the commission in the opening decision, are fully in line with european and italian practice and, therefore cannot be used as proof of the imputability to the state of the measure. the statements in question must be regarded as political declarations intended to mitigate adverse effects of unemployment. (144) on this basis, italy considers that seas investment in airport handling is not imputable to the state and does not involve state resources and thus does not constitute state aid within the meaning of article 107(1) of the treaty. 4.2.2. on the existence of an economic advantage (145) italy recalled that the private shareholder contributes to capital injections in proportion to the share of the capital held at sea, 44,31 %. according to italy, the participation of the private investor f2i has a real economic impact and is significant. in this respect, italy considers it important to note that according to the commissions practice, private investment of around one third of the total investment was considered significant. in italys view this is in itself sufficient to exclude the state aid qualification within the meaning of article 107(1) of the treaty of the capital injection. (146) second, italy submits that the business plan of airport handling was evaluated by an independent expert who concluded that seas investment is justified from a purely economic point of view and therefore complies with the market economy investor principle. (147) on this basis italy considers that the seas investment in airport handling was made in circumstances that would be acceptable to a private investor operating under normal market conditions and that, therefore, the measure does not constitute state aid within the meaning of article 107(1) of the treaty. 5. comments from interested parties (148) the commission received comments from seah (in liquidation), the milan airport handling trust and airport handling, sea and an interested party which asked for anonymity. 5.1. comments from the milan airport handling trust and airport handling (hereinafter referred to as the trust) 5.1.1. on the transfer of workforce (149) according to the trust, airport handling has from the beginning of its activity structured its business model based on an economic logic different from that of seah, having as objective to operate on the market on a standalone basis and to reach viability without capital interventions from its shareholder. (150) in particular, airport handling always had considered that its business model should follow a modulation of the labour force organised according to criteria of efficiency and relevance. according to the trust the handling activity is characterised by labour peaks at certain times of the year (e.g. summer). to address those rapid changes in demand, the service provider must respond flexibly, by means of recruiting temporary staff for those periods when the recruitment is justified in relation to the volume of work required. (151) while seah mostly used [ ] (*1) ([ ] (*1)), airport handling has adopted an approach based on [ ] (*1) (e.g. [ ] (*1)). although this would require more complex training, management and coordination activities, it would in turn lead to higher flexibility and, consequently, a drop in operating costs. according to the trust, this allowed for [ ] (*1) (on 31 december 2014, airport handling had [ ] (*1)). (152) the trust submitted that there was no transfer of employment contracts between seah and airport handling, as demonstrated by the following circumstances: airport handling recruited its staff according to a plan defined in complete autonomy, according to expected traffic volumes and the specific organisation of work, thereby achieving a significant reduction of the workforce compared with seah, former employees of seah were recruited by airport handling based on conditions that are formally and substantially different, according to a business model different from that of seah. (153) in addition, the trust recalled the climate of strong opposition and the very difficult relations with the trade union organisations in june 2014. it is in the trusts view evident that if indeed airport handling would have re-employed former seah employees based on the same conditions, those employees would have had no reason to complain. on the contrary, the strong resistance of trade unions to the agreement of june 2014 would evidence the fact that the workers were fully aware that their employment conditions had deteriorated. 5.1.2. on the contracts with the air carriers (154) first, the trust submitted that the contracts with the air carriers are by nature not transferable to third parties. article 3.2 of the standard ground handling agreement expressly provides that, save in exceptional cases to be agreed with the ground handling companies, the carrier cannot assign tasks to third parties under the contract: the carrier shall not appoint any other person, company or organisation to provide the services which the handling company has agreed to provide by virtue of this agreement, except in such special cases as shall be mutually agreed between the parties. (155) the trust provided several statements by airlines which had not carried out a tender procedure within the meaning of the public procurement procedures, in order to select airport handling as ground handler. those airlines indicated that airport handling had however been selected on the basis of a competitive procedure based on benchmarking with other ground handling providers. (156) in addition, the trust recalled that the duration of the handling agreement is set by the air carrier and often provides for the possibility for the latter to withdraw by notice. for instance the iata standard contract provides that each party may terminate the contract with a 60 days notice. therefore, the contract with the air carrier is not necessarily a long lasting contract based on which the handler may be sheltered from competition. in fact, carriers may withdraw from the contract if they obtain better conditions from other service providers. (157) according to the trust, when seah exited the market and airport handling negotiated new contracts with the air carriers, the latter proposed to airport handling, as well as to the other service providers contacted, different more favourable conditions than those obtained from seah. it is, according to the trust, quite common that an air carrier decides to terminate the contract when it receives more favourable conditions from other competing handlers; or threatens the continuation of the contract if the current handler is not willing improve its offer as compared to that of other providers. (158) airport handling started its activity at milan airports on 1 september 2014, after seas shareholding was transferred to the trust. although airport handling initially notified to enac and to the air carriers the start of its activity on 1 july 2014, the delays arising from the transfer of the shares to the trust and the difficulties with the trade unions have further delayed this launch of operations to 1 september 2014. (159) on 28 february 2015, airport handling had concluded ground handling contracts with [ ] (*1) air carriers, [ ] (*1) operating at linate and [ ] (*1) operating at malpensa. the trust further submitted that airport handling did not conclude contracts with all carriers previously in a contractual relation with seah. more specifically, [ ] (*1). (160) according to the trust, the contracts signed by airport handling with the air carriers are different from those with seah: from a legal perspective: airport handling has entered into a new contractual relationship and did not become the successor of a former contract. therefore airport handling is not responsible for previous liabilities, claims or debts of carriers in respect of seah. from the point of view of the content: airport handling has almost systematically received from carriers (directly or through tender notices) requests for [ ] (*1), some carriers have [ ] (*1), some carriers requested [ ] (*1). (161) in particular, according to the trust, [ ] (*1) carriers have obtained from airport handling, within the framework of the negotiation of the new ground handling contract, [ ] (*1). at the same time, [ ] (*1) carriers have contracted [ ] (*1) with seah. (162) the trust also submitted that some of the most important contracts with carriers ([ ] (*1)) would expire as follows: the contract with [ ] (*1) on [ ] (*1), the contract with [ ] (*1) on [ ] (*1), the contract with [ ] (*1) on [ ] (*1). 5.1.3. on the presumed joint marketing efforts (163) like italy, the trust considers that any joint marketing efforts undertaken by sea/seah and airport handling, if such effort could be proven, would be irrelevant to the assessment of economic continuity. (164) in addition, the trust considers that the fact that sea may have stated publicly and/or communicated to carriers that the group intended to continue ground handling operations is irrelevant for the purposes of the investigation to the extent the creation and capitalisation of airport handling had been known to the commission since 2013. 5.1.4. on the expected market share of airport handling (165) according to the trust, the fact that airport handling may acquire a significant presence on the market for ground handling services at milan airports results not from the transfer of any assets from seah to airport handling, but from the particular context of milan airports and the business models pursued by the different handlers. (166) in the trusts view the fact that a company exiting the market and another operator (be it a new entrant or an already existing operator) gains similar market shares is a phenomenon that markets observe on a regular basis, and is the result of cross elasticity between competing undertakings. in a hypothetical market with only two undertakings a and b, it is likely that, if company a fails, its customers and market share transfer to undertaking b, without any legal or factual link between the two undertakings. in the case of the milan airports, it is true that more than two handlers operate, however according to the trust to date only two of those operators focused their business model on the milan airports. the similar market shares could in the trusts opinion be justified by reference to the fact that airport handling is the only service provider that has organised its activity at milan airports as hub-provider, in order to largely satisfy the demand of the carriers and provide high quality services. (167) according to the trust the reasoning of the commission is circular: either the market share that airport handling was expected to reach at milan airports, as estimated by the business plan is unrealistic, and therefore the capital injection in airport handling would amount to state aid, or the market share is in fact realistic, however in that case the fact that airport handling could reach that market share is relevant to the issue of economic continuity. 5.1.5. on the use of seahs assets by airport handling (168) the trust emphasises that the tender for the sale of seahs assets was declared unsuccessful since no bidder had expressed an interest in the purchase of the lots put up for sale. (169) according to airport handling, the main reason for that is that seahs assets are obsolete and, therefore, do not appear attractive to the market. indeed, the trust submits that out of the [ ] (*1) most valuable components (i.e. the [ ] (*1)), only around [ ] (*1) assets were purchased by seah after 31 december 2006. most assets would be more than 15 years old, which causes significant difficulties in obtaining spare parts and consequently in ensuring the required performance levels. (170) the trust also recalled that airport handling did not bid in the tender for the sale of seahs assets. however, it considers that its acquisition of the assets would not constitute proof of economic continuity with seah. (171) the trust also submitted that airport handling is currently using seahs assets under a bilateral contract signed on 1 september 2014. according to the trust, the contract was negotiated at arms length by seah and the trustee in the period between the date of setting-up of the trust (30 june 2014) and the date of the actual transfer of seas participation in airport handling to the trust (27 august 2014). (172) significant changes would have been brought to the contract by the trustee, such as: the verification of the market value of the lease fee by an independent expert appointed jointly by airport handling and seah, to ensure that airport handling paid a market oriented fee for the use of seahs assets, the adjustment of that lease fee in case of a deviation of more than 10 % from the lease fee indicated by the independent expert, the prolongation of the contract up to 31 august 2015, to bring it in line with the normal commercial practice, the possibility to sublet the equipment to third parties, a condition that routine and damage maintenance is borne by airport handling, while extraordinary maintenance remains in the responsibility of seah. (173) the trust recalled that the lease fee had been set based on independent valuations by different experts and therefore reflected the market price. (174) the trust also submitted that airport handling had already put in place procedures for the purchase from third parties of a significant portion of assets ([ ] (*1) %) required to run the business, to replace the assets leased from seah at the expiry of the lease contract. in this sense: on 26 november 2014, the board of directors of airport handling resolved to initiate a tender procedure for the renewal of the assets leased from seah, for a total estimated value of approximately eur [ ] (*1). those tenders (all but one which at the time the trusts comments on the 2014 opening decision were submitted was still in its start-up phase) were concluded at the beginning of january 2015 and airport handling had already approved a first order for the purchase of around [ ] (*1) % of the assets (including [ ] (*1)) on 11 february 2015. according to the trust a second order could be placed shortly, subject to the finding of alternative forms of funding or supply since the results of the selection procedure showed a significant increase in the costs of new equipment. 5.1.6. on the timing and logic of the operation (175) according to the trust, concluding that the creation of a new ground handling subsidiary by sea has the aim of circumventing the recovery order is the same as stating that a negative state aid decision prevents the beneficiary of the alleged aid from resuming its business under new conditions. 5.1.7. on the actions taken by the trustee to ensure economic discontinuity (176) the trust points out that on 1 august 2014, the trustee and sea concluded a protocol to allow the trustee to start performing certain functions leading and monitoring the operation of airport handling during the months of july and august 2014. (177) at that stage, in addition to measures taken in consultation with seah concerning the lease of seah assets and the expert report, the trustee requested and obtained from sea the financial resources required to carry out its work in complete independence from the latter. in addition, the trustee urged sea to redefine its service contracts with airport handling, identified a new general counsel for airport handling and required changes to airport handlings by-laws to ensure full autonomy of the company. (178) following the transfer of seas participation to the trust, on 27 august 2014 the trustee appointed a new board of directors. (179) the trustee also saw to it that the new board: asked the members of the board of directors of airport handling to prepare and deliver a complete assessment of the business to ensure that no acts have been adopted which are incompatible with the requirement of economic discontinuity, required the putting into place of procedures in order to: ascertain, inter alia, that no legal acts were in place between seah and airport handling concerning the supply of goods, movable and/or immovable property, contracts with airlines and/or suppliers of goods and services relating to the handling activities, verify that airport handling would put in place necessary procedures and controls so as to avoid that the company benefits from undue commercial information held by sea which could benefit airport handling vis- -vis competitors in the acquisition or maintenance contracts with carriers or is relevant for the positioning of airport handling on the ground handling market, took note of existing posts, by integrating senior functions where deemed insufficient (primarily legal and resources directorate), modified the governance of airport handling delegating to ceo, who is a member of the trustee, trustee) extensive decision-making powers, assessed and provisionally confirmed the director-general, decided that airport handling should have its own website, undertook intense negotiations with sea for a thorough revision of service contracts existing between airport handling and sea with the aim to ensure that all services are available at the best possible conditions and obtained the possibility of discontinuing the service without penalty if and when airport handling decides to make use of internal structures or approach different and more convenient suppliers, communicated to customers, suppliers and the competent authority (enac) the change in control of the company. (180) furthermore, the trustee took measures in order to ensure economic discontinuity. in summary, those procedures encompass: the listing of operations deemed relevant to ensure economic discontinuity, the appraisal and approval of those operations, the information flow to the board, the procedures concerning management, separation and storage of information which may be relevant for economic discontinuity. (181) according to the trust, those internal procedures were explained in two training sessions for airport handling senior and middle management respectively. 5.1.8. on the imputability to the state of the measures (182) according to the trust, in the period june august 2014 the italian authorities have not exercised direct influence on sea and its decision to invest in airport handling. there would never have been any indication, direct or indirect, which could have given rise to even the remote doubt that the decision of setting up and/or capitalise airport handling depended upon the italian authorities. 5.1.9. on airport handlings business plan and compliance with the market economy investor principle (183) according to the trust there is no continuity between seah and airport handling, therefore any private investor would have considered the fragility of the commissions assessment in the 2014 opening decision and would not have been influenced by that assessment in its decision to invest in airport handling. (184) the trust clarified that the business plan of november 2013 initially presented to the commission had been refined in the meantime. therefore the business plan at the basis of the decision to capitalise airport handling was the business plan of august 2014 adopted by the board of directors of airport handling on 26 august 2014. (185) following the transfer of seas participation to the trust, the trustee proceeded to verify that airport handlings business plan was credible. according to the trust, the newly appointed board of airport handling first examined whether the business plan of 6 august 2014 was reliable, entrusting the task to boston consulting group (bcg). (186) bcg reported its findings to airport handling on 14 october 2014. bcg came to the conclusion that the aim of the business plan, i.e. ebit in 2017 of eur [ ] (*1), with a margin of [ ] (*1) %, was reasonable and that the level of deviation was broadly in line or slightly below the average profitability of a significant sample of other public and private european companies operating in the ground handling sector. bcg also confirmed the validity of the business plan of november 2013. 5.1.9.1. on the intended workforce reduction and efficiency gains (187) according to the trust, airport handling is determined to deliver maximum efficiency and flexibility by means of [ ] (*1). according to the business plan of 6 august 2014, airport handling is expected to employ [ ] (*1). this will be achieved by streamlining coordination structures and the introduction of new performant equipment and computer systems for personnel management, which will allow airport handling not to replace outgoing staff. 5.1.9.2. on efficiency gains linked to factors specific to the organisation of work (188) according to the trust, an even greater degree of efficiency will result from the following series of measures: optimisation of the share of fixed-term contracts and part-time contracts: efficiency is estimated to increase by around [ ] (*1) % already in 2015; and together with the [ ] (*1) would increase by an additional [ ] (*1) % by 2017. better definition of the work programme: the work contract applied by airport handling foresees [ ] (*1) than the contract seah applied to its employees. this allows savings of [ ] (*1) % in respect of the number of working employees. in addition, the daily working time of full time staff has been [ ] (*1), with an impact on staffing needs of [ ] (*1) %. with the renewal of the collective agreement, expected during 2015, a further [ ] (*1). furthermore, airport handling intends to optimise the use of resources by introducing instruments such as working in shifts and contracts with modulation of the daily and weekly schedule according to the actual requirements in line with the new possibilities offered by collective agreements at national level. these mechanisms will enable airport handling to increase efficiency for at least a further [ ] (*1) %. adapting the organisational structure in order to use resources effectively by [ ] (*1): already from 2015, there will be an increase in efficiency resulting from the seasonal upgrading of the matrices in function of traffic growth and by the redistribution of leave on nine periods which entails a [ ] (*1). the estimated savings will be [ ] (*1) %. optimisation of the capacity of existing staff: the progressive use of [ ] (*1) will lead to a positive increase in productive efficiency of 0,5 %. the reduction of posts for [ ] (*1), in part already carried out ([ ] (*1) and partly under implementation during 2015 ([ ] (*1)), will further contribute to increasing efficiency. economies of scale arising from the higher traffic: traffic increase of existing customers and contracting with new carriers, even those operating in non-peak times, will allow the improvement of staff saturation factors with an effect in terms of productive efficiency of + [ ] (*1) % in 2017. structural adjustments in the industrial processes: the trust mentioned the following routes envisaged to foster efficiency: better work planning and organisation, investments in technical solutions to enable partial or total automation of certain activities, linking workforce expenditure to business outputs and outcomes. as concerns work planning, the trust indicated that airport handling had foreseen investments in new it systems for the management of personnel and allocation to shifts leading to a more rational use of resources with an efficiency of [ ] (*1) %. in addition, airport handling has begun a process of acquisition of new equipment endowed with modern geo-location systems. efficiencies in respect of staff use are estimated to [ ] (*1) %. (189) according to the trust, the results achieved by airport handling in its first months of operation allow the commission to verify ex-post that the assumptions in the business plan were sound. the trust pointed to the results of the first 4 months of activity, showing [ ] (*1) ebit of eur [ ] (*1) and [ ] (*1) of eur [ ] (*1) as compared to the forecasts of the business plan of 6 august 2014. this positive trend was the result of [ ] (*1) revenues (eur [ ] (*1)) and [ ] (*1) costs (eur [ ] (*1)). 5.2. comments from seah (in liquidation) 5.2.1. on seahs assets (190) according to seah the ground handling equipment had a book value of eur [ ] (*1) prior to seahs entry into liquidation. the average age of these assets was [ ] (*1). of the approx. [ ] (*1) items of higher value [ ] (*1) equipment except [ ] (*1)), only [ ] (*1) had been acquired after 31 december 2006. (191) when seah was put into liquidation, the only other assets of the company consisted of working capital linked to the business ceased at 1 september 2014. in addition, certain [ ] (*1) were present. those positions had been liquidated in the meantime. therefore, according to seah, the liquidator can only count on the sale of the ground handling equipment to fund liquidation costs and any other residual debit. 5.2.2. on the tender for the sale of seahs assets (192) one of the main tasks of the liquidator was to complete the open, public and non-discriminatory tender procedure for the sale of seahs assets already launched before the entry of the company into liquidation proceedings. (193) according to seah, the assets were grouped in nine bundles that included complementary assets of different values, and with functional autonomy. the objective was to guarantee a wide participation in the tender. the distribution of the assets in bundles was aimed at addressing market requirements, as identified based on the activity of major handlers at italian airports. available information shows that the sales procedure was restricted to handlers, airport operators, air carriers, manufacturers of the types of equipment sold, resellers and leasing companies. moreover, certain minimum solvency requirements were set out, concerning in particular (i) a turnover of at least eur 1 million per bundle of assets for which they intend to submit a bid; (ii) net assets of at least eur 1 million or eur 2 million in case potential buyers bid for more than one bundle; (iii) debt to total assets ratio not higher than 3. the call for tenders did not lay down any selection criteria other than the mandatory requirements set out above. (194) seah notes that no potential bidder expressed interest in the acquisition of those assets. the only requests for information would have been submitted outside the framework of the procedure from parties interested in acquiring only certain assets, however at prices significantly lower than those set by the independent experts. seah also submitted that airport handling had expressed an interest to acquire the assets in question but had not bid. the commission notes that the italian authorities had already declared on 27 november 2013, when they consulted the commission on seas plan to liquidate seah, establish airport handling and provide it with capital, that airport handling would not participate in the sales procedure and thus would not submit any offer in that procedure. (195) following the unsuccessful attempt to sell out seahs assets, the liquidator proceeded to contact the main operators in the sector to discuss the possibility of a sale of those assets and the conditions that might apply to such sale. 5.2.3. on the valuation of the assets (196) seah recalled that prior to the entry into liquidation of seah, its board of directors had selected imq as independent expert entrusted with the valuation of the assets. the valuation was delivered on 25 june 2014 and proposed a lease fee of eur [ ] (*1) per year, as a value considered in line with market conditions. on 1 september 2014, seah entrusted e&y with a second valuation of the assets. upon request from the trustee, seah and the trustee jointly tasked e&y with providing such a second valuation. e&y then proposed a lease fee of eur 1,4 million per year. (197) seah added that airport handling currently uses seahs assets under a lease contract and is responsible for their maintenance (maintenance costs are estimated at eur [ ] (*1) per year). 5.2.4. on the lease contract (198) according to seah, the lease contract prior to its conclusion was subject to intense negotiations between the parties, without any interference from sea. seah submitted that the conclusion of the lease contract is a mandatory condition for the maintenance of the value of the assets in view of their dismissal. absent the lease contract with airport handling, seah would have had to remove the equipment from the airport premises therefore incurring significant transport and maintenance costs. (199) seah also submitted that, given the expiry of the lease contract at 31 august 2015, the liquidator was considering options for the dismissal of the assets. seah points out that a sale of the assets to airport handling once the doubts of the commission on economic continuity have been alleviated, would enable seah to maximise the value of those assets in the liquidation procedure. 5.3. comments from sea 5.3.1. on economic continuity (200) in seas view the case law quoted in the 2014 opening decision differs quite significantly from the case at hand. (201) firstly, that case-law would exclusively refer to situations characterised by the presence of a transfer of assets from the beneficiary of the aid to a newly created company. the case law would essentially concern cases where the undertaking which had benefitted from incompatible state aid and was not in the position to repay such advantage established a new undertaking to which it transferred part of its activities. secondly, in all cases quoted by the commission, the transfer between the beneficiary and the new undertaking concerned assets of significant value (activities, facilities, goods, property, trademarks, industrial property rights). (202) according to sea, the characteristics of the present case lead to the conclusion that airport handling could not have continued to enjoy the competitive advantage linked to presumed aid received by seah, given that it had not taken over any assets from seah. rather, the alleged competitive advantage granted to seah would have been terminated with the liquidation of the company and could not therefore be transferred. (203) sea recalls that in the recovery decision of 2012, the commission concluded that the alleged competitive advantage granted to seah corresponded to the financing of the losses incurred by the company, which were generated mainly by high staff costs. while recalling that staff costs have a major impact on the cost structure of ground handling providers, accounting for between 65 % and 80 % of total costs, sea points out that, unlike those cases quoted by the commission, the present case does not concern a transfer of shares or assets required to exercise (or rather to continue) seahs activity nor an operation whose aim is to protect the assets of the beneficiary and therefore circumvent the recovery order. (204) according to sea, it should also be noted that since the advantage derived from the alleged state aid received by seah was used to cover losses resulting from excessive labour costs, such advantage was definitely terminated with the liquidation of the company and the dismissal of the workers. in seas view the fact that former employees of seah were subsequently recruited by airport handling at conditions formally and substantially different, cannot materially alter this conclusion. (205) sea adds that, even if it were accepted that the absence of an asset transfer from seah to airport handling is not sufficient to conclude on the absence of economic continuity, the circumstances of the transaction underlying the creation of airport handing, viewed as a whole, cannot be regarded as having had the effect of circumventing the recovery order. (206) according to sea the decision to set up a new ground handling company operating on market conditions in competition with other service providers is based on economic logic and justified by a management model that differs significantly from that of the previous operator seah ([ ] (*1)) in order to pursue an objective of sustainable profitability in the medium to long term. (207) sea states that seahs announcement that the company would cease operations at milan airports and seahs entry into liquidation have created a momentum of effective competition on the market, during which the air carriers operating at milan airports could choose the provider of ground handling services based on a comparative evaluation of the offers submitted by different providers. (208) according to sea it was following this competitive process that airport handling successfully concluded contracts with air carriers, in complete independence from sea. indeed, some carriers, formerly clients of seah, decided not to use the services of airport handling whilst airport handling concluded contracts with carriers not previously served by seah. (209) in addition, according to sea, within the meaning of council directives 78/660/eec (18) and 83/349/eec (19) on consolidated financial statements, transposed into italian legislation by legislative decree no 127 of 9 april 1991, failing any power of control and management by sea of airport handling following the transfer of its participation to the trust, airport handling is no longer part of the sea group for accounting purposes and therefore its budget is not consolidated with that of sea. (210) furthermore, in order to speed up the entry of third parties in the capital of airport handling, sea and the trustee on 26 january 2015 signed an implementing regulation under article 20 of the trust deed, with the aim of conferring to the trustee the responsibility to look for a third-party investor. the trustee and sea decided to appoint bnp paribas as independent advisor for the assignment. (211) bnp paribas assisted airport handling in the preparation of the offer for the sale of shares, took contact with several investors potentially interested to enter the capital of airport handling and carried out meetings with potential investors. (212) sea added that once a private investor has acquired at least 30 % of airport handling, sea will consider searching for investors interested to take over the majority shareholding in the company. 5.3.2. on state resources and imputability (213) sea is of the view that the fact that airport handling is a public undertaking is not sufficient to conclude that its resources are state resources within the meaning of article 107(1) of the treaty. in addition, following the setting up of the trust, the financial resources of airport handling are not under the control of sea, therefore it cannot be claimed that they are state resources within the meaning of article 107(1) of the treaty. (214) in this respect, sea adds that: a first increase of capital, amounting to eur 3,7 million, was approved by the general meeting of shareholders of airport handling on 27 august 2014. on the same date the trust was vested with seas entire participation in seah. on that date the trustee became, for all legal purposes, sole shareholder of airport handling. on the same date, the trustee, as sole shareholder of airport handling issued 20 000 sfps for a total value of eur 20 million. the sfps were subscribed and paid in full by sea on 28 august 2014. (215) sea underlines that, since their transfer, the financial resources of airport handling have remained at all times under the control of the trustee, the sole shareholder of airport handling. (216) in seas view the above shows that the public shareholder of sea (municipality of milan), cannot exercise directly or indirectly any influence on the use of financial instruments in respect of airport handling and that throughout the duration of the trust, such resources will remain under the control of the trustee. in any event, as a result of the establishment of the trust, sea lost its power to appoint the members of the board of directors of airport handling. 5.4. comments from an interested party (217) the commission received comments from an interested party who demanded that neither its identity nor its comments be disclosed to any third party. 6. comments from italy on the interested parties comments (218) italy commented on the observations submitted in the framework of the investigation by the trust and sea. (219) italy supported in full the observations submitted by the above mentioned interested parties and underlined that they evidenced on one side the lack of any interference from the italian authorities on seas activity and the latters decision to invest in airport handling, and, on the other side, that airport handling does not continue the economic activity of seah. 7. assessment (220) in this case, the commission had to assess two distinct matters: first, the possible transfer of the recovery obligation stemming from the recovery decision from sea handling to airport handling; second, possible aid inherent in seas eur 25 million capital injection in airport handling. 7.1. economic continuity and transfer of the recovery obligation (221) based on settled case law, unlawful and incompatible aid must be recovered from the undertakings that actually benefited from it (20). (222) in case of insolvent beneficiaries of state aid, the recovery obligation can be fulfilled by registration of the liability relating to the repayment of the aid in the schedule of liabilities, provided that the aid beneficiary exits the market (21). the court held that where the undertaking which received the unlawful aid is insolvent and a company has been created to continue some of the activities of the insolvent undertaking, the pursuit of those activities may, where the aid concerned is not recovered in its entirety, prolong the distortion of competition brought about by the competitive advantage which that company enjoyed in the market as compared with its competitors. accordingly, such a newly created company may, if it retains that advantage, be required to repay the aid in question. that is the case where it is established that that company continues genuinely to derive a competitive advantage because of the receipt of that aid, especially where it acquires the assets of the company in liquidation without paying the market price in return or where it is established that the effect of that companys creation is circumvention of the obligation to repay the aid (22). (223) in the context of the transfer of assets from an aid beneficiary to another company that continues the formers activities, the court confirmed that the following factors may be taken into consideration for the assessment of economic continuity between the two companies (23): the scope of the transfer (assets and liabilities, continuity of the workforce, bundled assets, etc.); the transfer price; the identity of the shareholders or owners of the acquiring firm and of the original firm; the moment at which the transfer is carried out (after the start of the investigation, the initiation of the procedure or the final decision); and, lastly, the economic logic of the transaction. (224) according to case law, the aforementioned factors may be taken into account to varying degrees, according to the specific features of the case at hand (24). it follows that the commission is not required to take into account the whole of those factors, as is demonstrated by use of the expression may be taken into consideration (25). (225) in order to decide whether there is economic continuity between seah and airport handling and the latter may be held liable for the reimbursement of the incompatible aid granted to the former, the commission applied the aforementioned indicators to the specific circumstances of the case at issue. 7.1.1. scope of the transfer 7.1.1.1. transfer of workforce and work contracts (226) after seah was put into liquidation, many of its former employees were reemployed by airport handling, constituting initially the majority of the latters workforce. therefore, it is relevant to analyse whether this situation is not indicative of a circumvention of the recovery decision. to that effect, it should be assessed whether the process that led to that outcome did not amount to transferring seahs workforce into airport handling while preserving its core features. it is all the more relevant since for a ground handling company, workforce is the primary resource necessary to operate (26). (227) according to italy there is no continuity of workforce between seah and airport handling as work contracts were terminated by seah and staff was employed by airport handling under new contracts, based on substantially different conditions. this view was supported by both airport handling and sea. (228) in italys view the agreement signed by sea, seah and the trade unions on 4 november 2013 should not be construed to have guaranteed former employees of seah the rights acquired under the previous contracts with seah. such agreement would be an essentially programmatic document which was subsequently replaced by the agreements signed on 4 june 2014. it would be evident from the wording of those agreements that former employees of seah were not guaranteed previously acquired rights but were rather re-employed by airport handling under new conditions. (229) based on information obtained in the formal investigation procedure, the commission assessed (i) the process whereby a significant part of seahs workforce was reemployed by airport handling, (ii) and the agreements with trade unions on the reemployment of seahs workforce. (230) firstly, as regards the process, it should be noted at the outset that there was no de jure transfer of work contracts from seah to airport handling. contracts with seah were legally terminated and new contracts were concluded with airport handling. moreover, work contracts were neither automatically nor globally transferred from seah to airport handling. in fact, no transfer whatsoever of work contracts took place. rather, the former company terminated the work contracts prior to reemployment of part of the workers by the latter on different conditions. (231) secondly, as regards the scope of the transfer, the following is to be noted: on 22 april 2014, when seah initiated the laid-off workers mobility scheme, its workforce was [ ] (*1) strong, equivalent to [ ] (*1) ftes. available data shows that on 31 may 2015, 9 months into its operations, airport handling had [ ] (*1) employees, of which [ ] (*1) had been previously employed by seah. hence, airport handling had until then taken over approx. [ ] (*1) % of seahs employees. the transfer was therefore not complete, and not even practically complete. nevertheless, it is also to be noted that airport handlings workforce, at least in the early phase after starting operations, consisted almost exclusively of former seah staff. (232) thirdly, as regards the material conditions of the re-employment, the commission notes that contracts signed by airport handling with former seah employees differed both formally and materially from the previous contracts with seah in particular in that different conditions apply concerning: a [ ] (*1) applies to airport handlings employees, airport handling does not apply the [ ] (*1) supplementing the national collective labour agreement, the material changes to employment conditions are encompassing: [ ] (*1), [ ] (*1), which seah used to apply to its employees, work organisation, e.g. [ ] (*1), a measurable result of above listed changes is the reduction of labour costs of around [ ] (*1) %, as compared to seahs labour costs, both resulting from the changes in the applicable national collective labour regime and the supplementary corporate contract; the weight of the terms of the latter on labour costs was reduced by 50 %. (233) lastly, also the circumstances under which the terms of employment were negotiated between the parties involved and ultimately agreed in this case indicate that employment conditions changed materially: sea, seah and airport handling negotiated separately with trade unions and reached separate agreements with them. it took airport handling and trade unions more than 8 months to reach an agreement on the terms of the recruitment procedure, the legal and financial content of employment contracts, welfare policy and work organisation. according to the trust, seah workers initially opposed the changes to which trade unions representing the workers had consented in the agreement of june 2014. workers rejected these changes in a referendum. according to documentation provided by the trust, trade unions then only agreed to the new employment terms after airport handling accepted to introduce certain clarifications to aforesaid agreement. the commission notes that airport handling negotiated separately with the trade unions and, despite initial disagreements, it succeeded in implementing the above described changes. as was described in recital 38 above, the agreement between airport handling and trade unions, of 4 june 2014 has not been altered materially after trade unions rejected it in a referendum, where they demanded a number of clarifications to that agreement. (234) in light of the above considerations, the actual workforce transfer was neither complete nor did it imply any replication in substance of employment conditions prevailing under the seah contracts. (235) this finding is not affected by the agreements between respectively sea, seah and airport handling with the trade union organisations concerning the workforce. indeed, the objective of the agreements does neither indicate that the workforce would be completely transferred from seah to airport handling, nor that the conditions prevailing under seahs work contracts would be continued. the commission notes in particular that according to the initial draft settlement of 4 november 2013 between sea and trade unions, a future implementing agreement must be inspired by the objective to safeguard the jobs of all seah personnel (27). that agreement enumerates a number of measures to attain that objective, in essence all mechanisms made available by the relevant legislation governing employment and collective bargaining such as social safety nets and voluntary redundancies, also to be implemented within the sea group, and solutions involving relocation within the group. hence, that agreement indeed implied that jobs were to be reattributed within the sea group as a whole (28), but not only to airport handling, and only as one measure among several. moreover, those agreements were not concluded with airport handling, which concluded separate agreements with the personnel. therefore, the number of jobs reallocated to airport handling was not pre-determined by the parties but was established following the companys staffing needs after conclusion of the contracts with the airlines. (236) the commission further notes that there is no indication that airport handling was under any obligation, imposed either by public authorities or by its mother company sea, to employ former seah staff. (237) in conclusion, as regards the scope of the transfer of the workforce, the commission considers that the circumstances indicate a prima facie stronger element of economic continuity due to the reemployment of a significant part of seahs workforce by airport handling. however, the facts surrounding the reemployment must be taken into account, in particular the termination of all contracts and the conclusion of new contracts with new contractual conditions. the commission therefore concludes that the workforce transfer cannot be construed as a strong indication of economic continuity between seah and airport handling. 7.1.1.2. contracts with air carriers (238) in its 2014 opening decision, the commission took the preliminary view that airport handlings expected market shares for the first 6 months of operations could only be seen as realistic due to the insourcing of business previously undertaken by seah. (239) in the course of the investigation, italy, sea and airport handling claimed that those expectations were based on airport handlings business plan of august 2014. they were made possible by laying down significant reductions in operating costs, gained through labour efficiency and personnel reduction. (240) moreover, the contracts with airlines operating at milan airports were negotiated ex novo by airport handling. according to italy, such contracts could not be legally transferred from seah to airport handling. they had to be negotiated ex novo in competition with the other service providers operating at milan airports. (241) indeed, as was described above in recitals 133 and 208, airport handlings client portfolio differs from that of seah. when seah exited the market, a number of its clients decided to entrust ground handling services to operators other than airport handling. conversely, airport handling managed to attract customers which were not previously served by seah. (242) in order to further evidence the fact that the new contracts concluded by airport handling with the air carriers were not only subject to ex novo negotiation but also provide for materially different contractual conditions, italy submitted information showing that certain airlines previously served by seah (such as [ ] (*1)) were able to obtain significantly more favourable conditions from airport handling than from seah. in particular, in the course of the negotiations with airport handling, [ ] (*1) requested that [ ] (*1). as a result[ ] (*1) obtained a [ ] (*1) (29). (243) in the course of the investigation, italy explained that sea had not conditioned the granting of discounts from airport charges to air carriers operating at milan airports on conclusion by the latter of ground handling contracts with airport handling. based on the comments received in the investigation, there is no documentary evidence to prove that sea would have effectively engaged in such behaviour in order to induce airlines operating at milan airports to conclude new ground handling contracts with airport handling. (244) in the 2014 opening decision, the commission expressed doubts that contracts with the airlines would be renegotiated. in that context the commission pointed to information that suggests that even before the expiry of such contracts, sea and airport handling had engaged in joint marketing efforts aiming at reassuring airlines operating at the airport that sea would continue the ground handling business. the formal investigation procedure however did not produce any factual evidence that sea and airport handling had organised, through joint marketing efforts, a mere change of contractor without leaving the airlines, as principals, a margin for renegotiation of the contractual terms. in particular, the commission did not obtain any evidence that either sea or airport handling would have been in a position to effectively frustrate attempts of former seah-customers to obtain more favourable terms from other ground handling providers. (245) the commission assessed if airport handling, when preparing its entry into business, de-facto was in the position of a new entrant or rather benefitted from seahs market position and customer contacts, so as to ensure the continuity of operations. under the specific circumstances of the case in hand, if seahs market exit had not resulted in an opportunity for its customers to negotiate new contracts with ground handlers other than airport handling, this could be indicative of a circumvention of the recovery decision in that it would amount to a transfer of customers from seah to airport handling. (246) in that respect, the following is of particular relevance: airport handlings business plan did not consider alternative scenarios with lower market shares. this could indicate that airport handling was confident to take over seahs customer basis with a relatively high degree of likelihood and could thus possibly expect to benefit from seahs former market position and customer contacts to attract its customers and the corresponding contracts without facing competition by other ground handling companies to win those contracts. (247) however, certain formal and material factors show that such was not the case. (248) firstly, as regards the form of the transfer, service contracts were not legally transferred from seah to airport handling. airlines were thus free to select a provider other than airport handling as soon as their contracts with seah were terminated, as described in recital 43 of the present decision. (249) secondly, available information suggests that customers were in a position to approach other service providers when seah informed them that it would cease activities. indeed, the fact that a number of clients defected is proof that such opportunity existed. most importantly, seah had no legal grounds to unilaterally transfer the contracts to any third party, save in exceptional situations. according to information provided by the italian authorities, the clause on exceptional situations had however not been invoked. the italian authorities provided an overview of airport handlings customer base, as of 14 february 2014, which shows that out of 68 former seah customers, [ ] (*1) had defected to other ground handling service providers, that of the [ ] (*1) airport handling clients at that time, 1 had defected from a competitor, 3 were newcomers to the airport and [ ] (*1) were former seah-clients. [ ] (*1) of those [ ] (*1) former seah-clients negotiated new contract terms more favourable for the clients, either stipulating lower prices (13 clients), a modified serve portfolio ([ ] (*1) clients), or even a combination of both ([ ] (*1) clients). hence, only 20 clients concluded service contracts that in essence stipulate the same conditions as the previous contracts with seah. price reductions are ranging from [ ] (*1) to [ ] (*1) % compared to prices previously agreed with seah. (250) in view of the above, on balance, the commission sees no indication of circumvention of the recovery decision (and thus economic continuity) in the process that led airport handling to enter into agreements with a number of former customers of seah. indeed, airport handling appeared to have been exposed to genuine competition when negotiating with carriers operating at milan airports, and there are indications that competition between service providers at milans airports was effectively opened when seah was about to exit the market. 7.1.1.3. seahs assets (251) as a third point in the analysis of the scope of the transfer, the commission assessed the scope of the transfer of the assets. (252) the commission notes that, when airport handling started operations, it sourced 100 % of its entire ground handling equipment from seah through leasing. 5 months later, it started gradually replacing that equipment with assets bought on the market and finally, in september 2015, purchased [ ] (*1) of [ ] (*1) lots of assets from seah. (253) specifically, airport handling commenced providing ground handling services using seahs assets under a lease contract. that contract was due to expire on 31 august 2015. before the lease contract ended, airport handling expressed its interest in the acquisition of [ ] (*1) out of [ ] (*1) tender lots, namely lots no [ ] (*1). according to airport handling, although realistically around one third of the ground handling equipment owned by seah and leased to airport handling was aged, airport handling was willing to acquire around [ ] (*1) % of that equipment (which would be sufficient for airport handling to run its business) considering that airport handling had in the meantime obtained on the market a significant stock of spare parts which could be used for the replacement of some parts of the most aged seah equipment. (254) available documentation suggests that sales negotiations between airport handling and seah commenced when by letter dated 3 june 2015 airport handling made the following proposals: that a [ ] (*1) %-discount on the [ ] (*1) in view of, firstly, the fleets age and condition and secondly the outcome of the sales procedure initiated by sea, payment [ ] (*1) from 31 july until 31 december 2015, that the original lease contract be terminated consensually on 30 june 2015 and that seah grants provisional and limited free-lease (comodato) of approx. [ ] (*1) selected items [ ] (*1), until 31 december 2015 at the latest, all insurance and maintenance costs being at the expense of airport handling. (255) on the same day, a meeting between the parties was held. by letter of 10 june 2015, seahs liquidator responded to airport handlings proposals, in the sense summarised below: although seah is willing to accept the offer, it is not ready to grant discounts since all prices had been determined by expert evaluations. the liquidator pointed out that airport handling would not even have to bear any transport costs. seah does not accept payment in instalments except if airport handling provides adequate guarantees. in the absence of discounts, seah is willing to transfer the fleet on 30 june 2015 and to agree to lend the specified items, however only until 30 november 2015 at the latest. (256) according to the italian authorities, negotiations still drew on until september 2015, when seah agreed to the payment of the purchase price [ ] (*1) for the sale of the [ ] (*1) lots, [ ] (*1). the purchase price was eur [ ] (*1), that is the price initially indicated in the failed tender procedure. the original lease was exceptionally extended until [ ] (*1), for [ ] (*1) items of the fleet and against payment of an overall lease of eur [ ] (*1), which fee was based on the value attributed to those items by the abovementioned independent appraisals. airport handling returned these [ ] (*1) items to seah on [ ] (*1). (257) according to airport handling, the purchase was nevertheless economically justified, in particular for the following reasons: airport handlings business model in essence consists in having its operational hub only in one location, namely milan airports, and therefore is based on an organisational model which provides for human resources and technical means to meet the demand of services in one single location (hub-provider business model). in airport handlings view, this model ensures better efficiency and more secure profitability margins. hence, age and efficiency of the equipment would be less of a concern for airport handling than for operators that are active on several airports and therefore must necessarily carry out a lean management of their equipment. although part of the equipment was aged, a number of items were relatively recent and could be operated efficiently. items were already on the premise and therefore would not have implied any transport cost. airport handling hoped to reduce maintenance costs, as most of the items came from the same manufacturer and were of the same model. when trying to purchase second-hand equipment on the market across the eu, airport handling found that the market did not offer enough second-hand equipment to satisfy airport handlings requirements at an acceptable price. a balanced mix of used and new assets should be used during the start-up phase, mainly because equipment suppliers seemed unable to provide new equipment in one go, and also because airport handling had reason to believe that a sudden massive increase of demand could trigger price hikes. hence, airport handling rather intended to progressively decommission used items and replace them with new ones. lastly, testing a new fleet and adequately training staff to operate it during regular operations would have been difficult, in particular in the start-up phase. (258) airport handling had in the meantime launched a tender procedure, from november 2014 until january 2015, for the purchase of new equipment on the market. according to the italian authorities, the value of the equipment purchased under this first tender procedure is approx. eur [ ] (*1). (259) the commission assessed whether comparing the value and number of airport handlings assets purchased on the market with the value and number of items leased and then purchased from seah is a reliable indicator for economic continuity. as regards the comparability of both types of assets, the commission found that: seahs liquidator had formed the lots so as to bundle in each lot items which were in working conditions together with less operational assets and items. in general, seahs equipment was aged. according to the italian authorities, roughly [ ] (*1) of the [ ] (*1) items purchased from seah were in good or fair working order. about 1/3 at best could have been used to obtain spare parts. 700 of the items purchased were later found to have minimal or no value/use; 270 items were then parked and decommissioned as scrap. airport handling equipment is composed of a wide array of different items such as steps, trucks, forklifts, cargo-loaders and dollies. it is not excluded that even a single new state-of-the-art vehicle that is operated full time can be operated far more efficiently than multiple aged vehicles which, as a rule, require more down-time for maintenance. (260) on that basis, the commission concludes that comparing the value and number of new equipment with the value of equipment leased and the purchased cannot be used as an indicator for economic continuity in this case. (261) against this backdrop, the commission assessed the importance of the assets (operating tools) as a production factor in airport handling in proportion to labour as a production factor, and also in proportion to the turnover of both seah and airport handling. (262) as regards the importance of assets in relation to labour, in seahs last balance sheet before liquidation, the value of operating tools amounted to around eur [ ] (*1). airport handling, in turn, in 2015 owned capital assets worth eur [ ] (*1) (30). in contrast, airport handlings labour cost amounted to eur [ ] (*1) in the year september 2014-august 2015, according to airport handlings operating statement for that period (31). (263) asset value is also of lower importance when compared to turnover: airport handlings operating statement for september 2014-august 2015 shows turnover to the amount of eur [ ] (*1). therefore, the assets in question appear to be a production factor of minor importance compared to labour. their value is also very modest compared to turnover generated with both labour and assets. information obtained in the formal investigation procedure rather indicates that both seah and airport handling are pursuing a pronouncedly labour intensive rather than asset intensive business model. (264) the commission therefore concludes that, even though airport handling has sourced initially all its assets from seah, this cannot be construed as per se indicating economic continuity because assets are only a production factor of minor importance in the ground handling business. 7.1.1.4. summary of the assessment on the scope of the transfer (265) the assessment of the question in how far the scope of the transfer could indicate that there is economic continuity between seah and airport handling leads to the following indication: (266) first, there was no transfer of the client portfolio from seah to airport handling. rather, with the liquidation of seah, all contracts were terminated and airport handling had to reacquire contracts whereby it could attract some of the previous clients of seah and some new clients, and where it lost some of the clients to competitors. the contractual conditions were negotiated independently of the previous conditions under the agreements with seah. in this respect, airport handling had the same standing as any other competitor or new entrant would have had. the commission considers the fact that there was no transfer of the client portfolio as a strong indication against economic continuity. (267) second, airport handling recruited its initial workforce entirely from seah, but under new contracts and new contractual conditions. there was no block transfer of employment contracts, no automatic transfer of such contracts and no replication of their employment conditions. (268) third, whereas it is true that airport handling initially leased all of seahs ground handling assets, finally, after the expiry of the lease, it took over only part of seahs assets as it had in the meantime started purchasing equipment from third parties. available information furthermore suggests that the assets represent only a minor share of the production assets in the ground handling business and are not decisive for airport handlings cost structure and efficiency. (269) overall, judging from the perspective of the scope of the transfer, the commission considers that all circumstances attached to the setting up of airport handing in the wake of the liquidation of seah viewed together are not strong enough to indicate that there was economic continuity between both companies with a view to circumvent the recovery decision. 7.1.2. payment of the market price (270) according to case law, transfer of the assets at a price below market price would also be an indicator of economic continuity between the liquidated company owing the state aid debt and the newly created company. 7.1.2.1. seahs assets general remarks (271) in the context of bankruptcy proceedings, circumvention of a negative state aid decision through a transfer of assets can occur in particular when: assets are sold or leased below the market price (for example following a sale procedure which is not sufficiently open, transparent and non-discriminatory), or the bankruptcy administrator performed actions which defrauded the creditors and may have reduced the assets of the insolvent company, or it breached the principle of the equal ranking of creditors to the loss of the public creditors (32). (272) to the contrary, the commission considers that a transfer or lease of assets from an insolvent company that received incompatible aid to a new company is not indicative of circumvention of a recovery decision if: nothing was done to reduce the value of the assets of the insolvent company to the benefit of the new company, to the detriment of the creditors (since the purpose of liquidation is to maximise the proceeds from the sales of the assets to reimburse creditors to the maximum extent possible), the public creditors (holding the claim linked to the incompatible aid) have not been unduly disadvantaged compared to other creditors (including possibly the new company or its founders) in the context of the insolvency proceedings. (273) in this case: the lease fee was set based on two external valuations. it was adjusted upwards corresponding to the second valuation, which was based on a comprehensive check of the leased equipment. hence, there is no indication that the price at which seahs assets were leased by airport handling was at variance with normal market conditions. there is also no indication that the transactions performed on the initiative of the liquidator defrauded the creditors and may have reduced the value of the assets of seah. in particular, as shown in more detail below, all available information showed that proper tenders were organised for the sale of seahs assets, giving all potentially interested buyers opportunity to bid. the facts that the lease price was determined by external experts and revised upwards after a second valuation, and that seahs liquidator was not ready to grant airport handling a rebate on the purchase price of the equipment shows that the disposal process organised by the liquidator was geared towards revenue maximisation with respect to the assets in question, to the benefit of seahs creditors, and thus did not lead to a particular transfer of economic advantage to airport handling. the commission also notes that none of the interested parties claimed that the liquidation proceedings have infringed the rights of the creditors or reduced the value of the assets owed by seah, or that such assets were leased to airport handling below market prices. seahs ground handling equipment consisted of around 4 000 assets. according to the plan initially announced by italy, such assets were going to be leased by seah at market price pending their sale on the open market in the framework of the liquidation procedure. 7.1.2.2. lease of seahs assets to airport handling the setting of the lease fee (274) following the failure of the bidding procedure, the ground handling equipment was leased to airport handling under a lease contract initially due to expire on 31 august 2015. (275) according to case law, the mere fact that a company has leased for a certain period some or all of the assets of an insolvent company does not necessarily mean that the new company enjoyed the competitive advantage linked to an aid previously granted to the lessor (33). leasing of the assets by the recipient of the aid to a company performing a similar activity is not indicative of economic continuity if the lease price reflects the market price. however, if the lease price, paid by the new company to the beneficiary of the aid, was below market price, this could be an indication of economic continuity in that the advantage conferred on the beneficiary by the illegal and incompatible aid could be said to have been fully or partly transferred to the new company through a price below market value. (276) available information suggests that seah and the trustee negotiated the lease contract at arms length. moreover, the lease fee was determined by two subsequent external valuations. in order to confirm the soundness of the first valuation, which had set the annual lease fee at eur [ ] (*1), seah and airport handling jointly entrusted e&y with the task of reassessing the lease fee. that second valuation initially recommended a [ ] (*1) lease fee, being eur [ ] (*1). then, after seah and airport handling had agreed to broaden that second valuation in order to include new information gathered in equipment delivery reports, the experts found that a number of machinery and equipment items were not suitable for use and revised their initial estimate [ ] (*1), to eur [ ] (*1). based on that second evaluation report, seah and airport handling agreed to reduce the lease amount to eur [ ] (*1) per annum. (277) in conclusion, available information suggests that seah and airport handling negotiated at arms length, and relied on expert reports on the value of the assets in question. the fact that the second valuation was revised upon mutual request of both parties indicates that both intended to keep the lease price as closely as possible in line with market conditions and to pre-empt any possible doubt of collusion. the commission therefore considers the agreed lease fee to be at least the market price. 7.1.2.3. purchase of part of seahs assets by airport handling the purchase price (278) airport handling purchased the assets after the failure of the bidding procedure and after the expiry of the leasing agreement. the commission assessed whether airport handling through that transaction received any advantage originating from previous unlawful aid granted to seah. that assessment starts on the premise that an advantage is excluded if the purchase price of eur [ ] (*1) corresponds to at least the market price. (279) the call for expression of interest for seah assets was published on 12 november 2014 in the supplement to the official journal of the european union. in view of the large number of items, the liquidator, with the assistance of independent consulting company imq, decided to divide the items into nine lots. according to seah, the reason was to avoid inefficiency due to excessive fragmentation. with a view to attracting as many bidders as possible, each lot was defined as a stand-alone combination of assets, including items which are complementary and of different values. an external expert had set a minimum price for each of the lots. (280) the sale procedure was restricted to handlers, airport operators, air carriers, manufacturers of the types of equipment sold, resellers and leasing companies fulfilling certain minimum-solvency criteria. (281) according to italy, no formal expression of interest was received in the tender. seah only received informal communications from third parties aiming to explore the possibility of acquiring only certain assets however at lower prices than the ones indicated in the tender. those communications were provided to the commission in the investigation. (282) italy submitted that following the negative outcome of the tender, seahs liquidator tried to raise the interest of potential purchasers of seahs assets, by contacting certain operators active in the handling services sector, as well as those operators that had informally expressed their interest during the tender procedure, and by allowing access to the data room as well as to assets, so as to enable any interested operator to inspect the assets on site. (283) some notices of interest to purchase seahs equipment were received as a result, however still at prices lower than those indicated in the tender. in the end, the only credible purchaser interested in the purchase of seahs equipment was airport handling. (284) the commission assessed whether the bidding procedure in question effectively addressed the market, so that its failure can be seen as an indication that the market was not interested in purchasing seahs assets. the commission assumes a bidding procedure to be effectively open to the market and geared towards revenue maximisation if the procedure is open, transparent, non-discriminatory and non-conditional. (285) as to the openness of the procedure in question, the commission notes that the sale was published in the supplement to the official journal of the eu and thus was given adequately wide publicity. (286) the procedure was however restricted to certain types of buyers, namely handlers, airport operators, air carriers, producers, resellers and leasing companies meeting certain minimum-solvency criteria (recital 193 above). (287) further, the italian authorities have not brought forward valid reasons for a priori restricting the range of potential buyers. therefore, the bidding procedure was not fully open, as eligibility criteria may have limited the bidding procedure such that the public owner could not be sure of receiving the economically most favourable offer. (288) in practice however, the commission takes the view that there are no indications suggesting that, had the tender not be limited to ground handling operators or related businesses, the tender would have been successful. this is corroborated by the fact that the attempts to attract bidders informally outside the scope of the tender procedure also failed to produce bids reaching the requested prices. (289) seahs liquidator received a number of expressions of interest to purchase seahs equipment at prices lower than those indicated in the bidder procedure. this is sufficient indication that market operators outside the restricted field of initially eligible bidders were not ready to pay the price asked for by seah. (290) the above described outcome of both the sales procedure and the negotiations between seah as seller and airport handling as buyer indicate that the initial asking price was above the price that market operators were ready to pay. in particular, seahs liquidator as seller negotiated at arms length, in order to obtain the maximum economic benefit from the sale of the assets concerned. documentation provided by the italian authorities shows that the offer made by airport handling was indeed the economically most advantageous offer seah had received. airport handling, in turn, had economic reasons to acquire the assets despite seahs refusal to grant a discount or more favourable payment terms. the purchase price can be considered to be at least the market price. hence, there is no indication that airport handling through the purchase of part of seahs assets received any advantage that would stem from previous unlawful aid to seah. 7.1.2.4. conclusion on the market price as potential indicator of economic continuity (291) in light of the above, the commission concludes that the circumstances of the lease and the subsequent sale are effectively excluding any transfer of economic advantage from seah to airport handling. hence, lease price and purchase price cannot be held as an indicator of economic continuity in this case. 7.1.3. identity of the shareholders (292) in the 2014 opening decision, the commission noted that italy undertook to entrust the management of airport handling to an independent trustee for a period of 3 years (34). moreover, italy proposed to open 20 % of airport handlings share capital to investors. the commission then found, firstly, that the ground handling business would have the same owner, sea, and secondly, that italys proposal to tender out 20 % of the capital of the new ground handling provider was not sufficient to guarantee discontinuity from seah since first, the proposal is only limited to a minority shareholding and second, no guarantees have been provided in this respect. moreover, this opening of the capital would only occur after the entry of airport handling on the market. (293) in the course of the investigation, italy alleged that the setting-up of the trust would guarantee the absence of continuity between seah and airport handling. the trustee would ensure the independent management of seas participation in airport handling, assuming sole control over the company and thus guaranteeing the absence of any interest and/or information flow between airport handling and the sea group. (294) the commission assessed the chronological and material characteristics of identity of ownership in the case in question. (295) first, as regards chronology, the commission notes that sea established airport handling on 9 september 2013. the trust was incorporated on 30 june 2014; the trust deed was signed on the same day. the commission notes that the trust took over the actual management of airport handling only later, on 27 august 2014, when sea transferred the entire holding of airport handling to the trust and appointed a trustee. the latter, in turn, then appointed a new board of directors of airport handling. airport handling started operations a few days later, on 1 september 2014. the commission however notes that according to available information, the company had already carried out economic activities by offering its services on the market before that date, and apparently as early as april 2014, as a number of service contracts had [ ] (*1) been concluded (35). then however, airport handling was fully owned and controlled by sea. (296) second, as regards the material characteristics of the transition of ownership and control to the trust, the commission assessed if the fact that airport handling shortly before it started operations was temporarily managed by a trustee was sufficient to exclude that sea could exercise rights in respect of the management of airport handling in that it may unilaterally take commercial decisions. in that respect, the commission notes the following: (297) according to the trust deed, the activity of the trustee is subject to certain material constraints, notably the trustee is not required to investigate: whether representatives of sea have participated to the negotiations with the employees to be re-employed by airport handling, that sea outsources personnel to airport handling, including its director-general, that certain central services, including investor relations and customer care, will continue to be provided by sea, that funding decisions are entirely left to the discretion of sea. (298) in addition, although based on the trust deed the management of airport handling is supposed to be separate of that of seah, airport handling is being managed by the former head of aviation business development of sea. (299) indeed, the commission notes that sea seconded two senior managers to ah. both of them are currently holding senior management positions at airport handling. according to italy there would be no hierarchical relationship between sea and those managers and the latter would not perform any activity in favour of sea. their remuneration would also be independently determined by airport handling. (300) according to italy, seas decision of seconding those managers to airport handling was taken with a view to italys proposals concerning the opening-up of airport handlings capital to third parties. for that purpose, it would have been necessary to ensure, on one hand, that airport handlings management was fully qualified and, on the other hand, that the conditions of employment of the managers were flexible. in fact, italy clarified that airport handling signed secondment contracts with sea for [ ] (*1) employees. (301) in conclusion, the commission finds that both the chronology and the material provisions of the entrustment confirm that sea throughout airport handlings start-up phase and entry into economic activities has enjoyed control over that company to an extent which, albeit varying, continuously ensured significant influence over its day-to-day management. (302) the commission took note of the above described framework investment agreement of 21 september 2015, between the trustee and private market operator dnata, concerning the sale of a [ ] (*1) % stake in airport handling, in combination with the right to appoint the majority of the board of directors and also the ceo of airport handling, and further concerning an option to acquire a further [ ] (*1) % stake in airport handling. (303) dnata will have effective control over airport handling when it will have appointed the majority of the board of directors and also the ceo of airport handling. moreover, available information on the bidding process, which was organised independently of both sea and the trustee by a private bank, confirms that dnata acquired a stake in airport handling at the market price. lastly, available information confirms that dnata is not identical with, or otherwise linked to, sea. (304) nevertheless, the transfer of control over airport handling from sea and the trustee to dnata took place more than 2 years after sea had established airport handling, and more than 1 year after that company had started operations. (305) therefore, the commission cannot conclude solely on the basis of the criterion regarding the identity of the shareholders that there is no economic continuity. nevertheless, the commission assessed this criterion together with the other relevant criteria, in order to conclude whether the absence of economic continuity can be established. 7.1.4. timing of the transaction (306) the liquidation of seah on 1 july 2014 and the establishment of airport handling on 9 september 2013 took place after the commission, on 12 december 2012, had adopted the recovery decision. the company in liquidation ensured ground handling operations until airport handling started operations on 1 september 2014. (307) the timing of events thus could prima facie be an indication that the process which culminated in the creation of airport handling had the effect of circumventing the recovery decision, which had been adopted before that process was carried out. the commission however recalls that case-law does not require the commission to examine, in particular and over and above the other criteria, the time at which the transfer of assets took place, which is one of the factors which may be taken into consideration in order to set aside the economic continuity between those two entities (36). 7.1.5. economic logic of the transaction (308) available information confirms that airport handling in essence continues the same type of business activities of seah, namely offering airport handling services at linate and malpensa airports. (309) in that respect, the commission refers to case law according to which the mere circumstance that the acquirer is in fact continuing the business of an undertaking that is obliged to reimburse aid does not necessarily mean that the former undertaking enjoyed the competitive advantage linked with the aid granted to the latter. in the specific case referred to, the former undertaking leased a plant at a market price from the undertaking that had received aid almost 3 years before the creation of the former undertaking (37). the commission recalls that in the case at issue, airport handling has leased, then purchased, seahs assets at a price that can be deemed at least the market price, and that the unlawful aid that is to be recovered from seah was granted during the years 2002-2010, i.e. 3 years before airport handling was incorporated and 4 years before airport handling started its economic activity. (310) more particularly as regards the economic logic of the transaction, the commission notes the following: (311) as was described above in points 2.6.1 and 2.6.2, airport handlings business plan differs from seahs in a number of points, in particular: [ ] (*1), [ ] (*1), [ ] (*1), [ ] (*1), [ ] (*1), [ ] (*1). (312) hence, airport handling managed its activities under different operating conditions than seahs, under its own business plan. moreover, the italian authorities did not require airport handling to follow a specific business model nor to maintain a certain scope of activities, nor to take over any specific assets or employees. 7.1.6. overall conclusion on economic continuity from seah to airport handling (313) in the commissions view, the case at hand contains both, elements which would argue in favour of economic continuity and elements which would support the opposite finding. (314) on the side of the elements supporting a finding of economic continuity, the commission identified the fact that it was the former owner of seah who created airport handling, a company active in the same business as seah, which recruited its initial workforce of airport handling almost exclusively from former seah employees and took over a large part of the assets, all this after the commissions recovery decision. (315) however, a number of other factors rather indicate that airport handling was not set up as a circumvention company but rather as a genuinely new company. the strongest element in this respect is that the client portfolio had to be newly created by approaching the airlines with offers independent from previous seah contracts and by concluding new agreements at new conditions with them. airport handling therefore had to newly acquire its customers and gain market shares such as any competitor or new entrant would have had to do. considering that the client portfolio is the basis for the ground handling business, the commission attributes a high weight to this element. (316) as regards assets taken over from seah, airport handling paid at least a market price for the lease of the assets and later, when it purchased part of the assets, paid a price that was at least the price market operators were ready to pay. (317) further, the workforce was not block transferred. airport handling concluded new contracts at new conditions. any competitor or new entrant would have had the same possibility to recruit former seah employees, and the former seah workers just seemed the most appropriate target for new recruitments. only a part of the assets was transferred; in addition they represent only a minor part of the overall production factor in the ground handling business. (318) with respect to the economic logic of the operation, airport handling manages its activities under different operating conditions than seahs and under its own business plan. moreover, the italian authorities did not require airport handling to follow a specific business model nor to maintain a certain scope of activities, nor to take over any specific assets or employees. (319) against that backdrop, the commission considers that on balance, there is no economic continuity between seah and airport handling and the creation of the latter cannot be regarded as a circumvention of the recovery decision. consequently, airport handling cannot be held liable to repay the aid found incompatible in the recovery decision. 7.2. seas investment in airport handling existence of state aid (320) according to article 107(1) of the treaty any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between member states, be incompatible with the internal market. (321) the criteria laid down in article 107(1) of the treaty are cumulative. therefore, in order to determine whether the measures constitute state aid within the meaning of article 107(1) of the treaty, all the above-mentioned conditions need to be fulfilled. namely, the financial support should: (a) be granted by a member state or through state resources; (b) favour certain undertakings or the production of certain goods; (c) distort or threaten to distort competition; (d) affect trade between member states. 7.2.1. selective economic advantage the market economy investor principle (322) italy is of the opinion that seas injection in airport handlings capital complied with the market economy investor principle and thus no advantage was granted to airport handling, and therefore the measure did not constitute state aid. even though seah had consistently recorded losses since 2000, it would be legitimate to assume that airport handlings activity would in turn yield a sufficient return to render the equity injection profitable, notably in view of the actions laid down in the business plan for airport handling for 2014-2017. when deciding to invest in the capital of airport handling, sea would therefore have acted as a prudent market investor. (323) for the purposes of the market economy investor principle assessment, it is necessary to determine whether, in similar circumstances as those surrounding the adoption of the measure under assessment, a hypothetical market economy investor, guided by profitability prospects, and not public policy objectives, would have behaved in a similar way. in order to examine whether or not the state has adopted the conduct of a prudent investor operating in a market economy, it is necessary to place oneself in the context of the period during which the financial support measures were taken in order to assess the economic rationality of the states conduct, and thus to refrain from any assessment based on a later situation (38). (324) consequently, the market economy rationale of a public investment must be assessed having regard to the information available and developments foreseeable at the time when the investment was made (39). (325) in the course of the investigation italy explained that the decision to invest in airport handling was based on the business plan of 6 august 2014. however, the commission observes that this business plan is dated only after the final decision to increase the capital of the company up to eur 25 million was taken on 30 june 2014. the commission considers that the initial decision to set up airport handling and invest eur 25 million must have been taken at the latest prior to establishing the company on 9 september 2013. the business plan available to the commission which is closest to that date is the business plan of 14 november 2013. the commission also observes that this business plan already assumes the investment of eur 25 million. therefore the commission considers that the business plan of november 2013 is the relevant one for testing the market economy investor principle. (326) in the 2014 opening decision, the commission expressed doubts that sea acted as a market economy investor. first, because sea did not consider the risk of airport handling being liable to repay incompatible aid previously granted to seah following a finding of economic continuity by the commission. second, the commission doubted whether the business plan, underpinning seas decision to invest in airport handling relied on sufficiently plausible assumptions. ultimately the commission has to assess if the decision to invest in airport handling is taken on market terms. in other words, the commission has to assess if the investor could have expected a reasonable return taking into account the foreseeable risks related to the investment. 7.2.2. risk mitigation measures taken by sea (327) as regards the first doubt, the commission observes that sea was aware of the risk of finding economic continuity and has taken risk mitigation measures: (328) sea was aware of such risk, as shown by the documents submitted to the commission in the context of the pre-notification of november 2013. the risk that liability could be transferred to airport handling through economic continuity from seah was a legal risk. perception and weighing of the risk and adequate risk mitigation measures depend on legal assumptions made at the time of the investment. (329) available information shows that sea had considered the following work force related risk mitigation measures: in the agreement between sea and the trade unions, of 4 november 2013, sea declared that fundamental importance was attributed to the requirement for discontinuity , which must form part of any alternative solution to payment in money, as a guarantee that it is not possible for the obligation to recover the aid to be extended to any third party. in the course of negotiations on the partial transfer of the workforce from seah to airport handling, work structure and certain employment conditions were materially altered as explained in detail in recitals 232-234 above. the applicable principles were set out in the above described implementing agreements with the trade unions, of 4 june 2014 and had already been announced in the agreement with the trade unions of 13 november 2013, and thus prior to implementing of the two major capital injections of 10 march and 30 june 2014 (recitals 45 and 46 above). (330) sea put in place the following risk mitigating measures to ensure discontinuity from the assets transfer of seah: first, the trustee excluded airport handling from the public bidding procedure for the sale of the assets. second, airport handling leased assets from seah against a market lease fee which was determined by two independent expert reports. (331) sea took measures to ensure discontinuity of airport handling from the seah also in view of the customer base. the customers of seah were informed in advance about the liquidation of the company. new service contracts with new financial conditions were signed with the airlines which chose airport handling as their service provider. (332) as a further risk mitigation measure, sea set up a trust. as explained in section 2.3 above the main purpose of the trust was to act as sole shareholder of airport handling and ensure that airport handling operated in economic discontinuity with seah. (333) the commission notes that the risk arising from a possible future liability to repay the aid is not mentioned in airport handlings business plan of november 2013. in that respect, the commission observes that sea made that business plan for its own purposes. being the mother company of an established market player in ground handling and demonstrably being aware of the risks arising from various factors of continuity, sea was in a position to take informed investment decisions without explicitly mentioning that risk in that business plan. additionally, the final decision to raise the capital up to eur 25 million was taken only after the risk mitigating measures were ensured. moreover, the above described external evaluation of the november 2013 business plan (recital 114 above) confirms that a rational investor would have judged the probability of economic continuity, and thus the liability to repay the aid, to be less than [ ] (*1) %, and therefore would have found it economically rational to invest in ah. 7.2.3. airport handlings business plan (334) as regards the second doubt, namely whether the business plan underpinning seas decision to invest in airport handling relies on sufficiently plausible assumptions, the commission makes the following observations: 7.2.3.1. assumptions on traffic development stop (335) air traffic forecasts at milan airports, combined with airport handlings market shares, are a determining factor in that companys business plan. as confirmed by external experts (bcg) who evaluated airport handlings business plans, the companys traffic forecasts are coherent with the forecasts issued by iata and eurocontrol. the commission considers those bodies as reliable data sources to make traffic forecasts in the aviation sector. as regards the application of these forecasts to malpensa airport, the commission notes that according to the bcg report, airport handlings intention to maintain a constant mix of carriers on that airport would not be in line with historical developments and that a new regulation could lead to the relocation of some carriers to linate. 7.2.3.2. assumptions on personnel costs (336) according to the business plan of november 2013, personnel costs on average constitute [ ] (*1) % of operating costs in the period 2014-2017. (337) the commission assessed the plausibility of the assumptions underlying that significant cost item. (338) first, the commission notes that in light of the brattle report, the percentage of personnel costs over total operating costs forecasted by airport handling is broadly in line with the cost structure of the european ground handling industry, which shows an incidence of personnel costs over total operating costs amounting to 65 %-80 %. in that respect, the report refers to the figures mentioned in the commissions impact assessment accompanying its proposal for a new ground handling regulation (40). (339) second, on the basis of information provided by italy, the commission notes that airport handlings average hourly personnel costs per fte seems to be [ ] (*1). the average hourly personnel cost in the business plan of november 2013 is eur [ ] (*1), and eur [ ] (*1) in the business plan of august 2014, which is respectively [ ] (*1) than the average hourly costs paid by seah in 2013 of about eur[ ] (*1) (41). the brattle report confirms that airport handling achieved these labour costs in reality and therefore concludes that the business plan was not overly optimistic. (340) the commission finds that the assumed decrease in labour costs does not seem unrealistic in view of the typical cost structure in the industry. 7.2.3.3. assumptions on market share (341) the commission expressed concerns about the relatively high market share assumptions of airport handlings business plan of november 2013. the market share for ramp-services is foreseen at [60-70] (*1) % in 2014 and rises to [70-80] (*1) % in 2017. the market share for passenger services is foreseen at [60-70] (*1) % in 2014 and rises to [60-70] (*1) % in 2017. (342) in 2013, seahs overall market share was [70-80] (*1) % (42). the commission observes that the anticipated market share of airport handling is below the market share of seah. consequently, it was not expected that airport handling received all seah contracts. certain losses in the market share of the new company are in fact taken into consideration. (343) airport handlings strategy is to offer a higher level of availability compared to other handlers at linate and malpensa. it guarantees a 24-hour service so that ground-handling services are provided even if a plane arrives late. this is a competitive advantage which can be particularly valuable for air carriers with significant operations and high flight frequencies at milan airports, such as alitalia and easyjet. these air carriers may be inclined to remain with the supplier who is able to provide these services. this can reasonably explain why airport handling could expect a relatively high market share from the launch of its operations. (344) the commission also observes that, as noted in the brattle report, based on 2013 data, airport handlings anticipated market share was lower as compared to that estimated for larger ground handling providers at other italian airports: (i) bergamo (78,23 %); (ii) cagliari (75,61 %); (iii) catania (77,18 %); (iv) palermo (75,85 %); (v) torino (68,8 %). (345) moreover, the commission notes that the market share airport handling achieved in 2014 is in fact higher than the one predicted in the november 2013 business plan. such a high market share can mainly be explained by the fact that airport handling managed to sign contracts with [ ] (*1). together they account for a significant share of the traffic at the two airports, namely [ ] (*1) % of linates and [ ] (*1) % of malpensas air traffic. (346) in conclusion, the commission does not doubt the plausibility of airport handlings market share assumptions: first, they are based on competitive advantages offered by airport handling. second, these assumptions seem to be conservative, compared to the market shares of a peer group of airport handling companies at the time when the business plan was drawn up. the commission also notes that these assumptions materialised in practice. 7.2.3.4. assumptions on profitability (347) the business plan of november 2013 anticipates [ ] (*1) ebit and a [ ] (*1) pre-tax profit as from the second year of operation. ebit and after-tax profit [ ] (*1). the business plan of november 2013 does not show the usual metrics of profitability such as for example internal rate of return (irr) or net present value (npv). however, the brattle report presents these calculations based on the numbers in the business plan. (348) in order to invest in airport handling a rational private investor must expect a return equal to, or greater, than its opportunity cost of capital which can be approximated by the weighted average cost of capital (wacc). (349) the brattle report calculates the equity irr of the investment in airport handling and checks if it is equal to or higher than its wacc. the report uses two alternative values of the wacc. the first one is [ ] (*1) % which is according to the report the unlevered post-tax wacc used in the business plan (43). the second one is [ ] (*1) % and is calculated in the report as the lower bound of the opportunity cost of capital. depending on the terminal value of the investment, the brattle report estimates that the expected equity return of the investment in airport handling ranges from [ ] (*1) % to [ ] (*1) %. the calculations show that in all scenarios the expected irr exceeds the opportunity cost of capital and therefore the investment is profitable. (350) the commission observes that the time horizon of the business plan (2014-2017) is relatively short. for that reason the business plan can be sensitive to variations of the underlying assumptions. however, that time line is to be seen in the light of the following facts. first, the business plan was drawn up for the airport operator sea, which has owned an airport handling subsidiary for many years. second, restructuring was already in progress and significant productivity gains had already been achieved in seah. therefore it appears not unreasonable to limit the scope of the business plan, to the minimum necessary for an experienced investor such as sea. (351) the commission notes that some of the key assumptions of the business plan of november 2013 broadly materialised, in particular in terms of profitability and market shares. airport handling was already profitable in its first year of operations: according to the profit-and-loss account for september 2014 until august 2015, the company generated ebit of eur [ ] (*1). (352) in conclusion the commission considers that using assumptions as to evolution of labour costs and the market share which do not appear unreasonable, the business plan shows a sufficiently high return on equity to sea for the capital injection of eur 25 million. 7.2.4. conclusion on selective economic advantage (353) the commission concludes that sea has taken sufficient measures to limit the risks of finding of economic continuity. the business plan was based on assumptions which a rational private investor, who has significant experience in the airport handling industry and who aims to restructure the company, would have deemed plausible and sufficient to establish airport handlings future profitability. seas investment in airport handling therefore does not constitute an advantage that airport handling could not have obtained under normal market conditions. 7.2.5. conclusion on the presence of state aid in seas investment in airport handling (354) the investment does not contain any advantage that airport handling could not have obtained under normal market conditions. hence, one of the cumulative criteria pursuant to article 107(1) of the tfeu is not met. consequently, the investment does not constitute state aid within the meaning of article 107(1) of the tfeu, has adopted this decision: article 1 1. the process that led to the liquidation of sea handling spa and the creation of airport handling spa did not give rise to economic continuity between the former and the latter undertaking. 2. airport handling is not liable to repay the state aid found incompatible with the internal market in commission decision c(2012) 9448 of 19 december 2012, corrected by decision c(2013) 1668 of 22 march 2013 concerning aid granted by sea to its subsidiary sea handling spa during the years 2002-2010. article 2 the setting-up and capitalisation which italy has implemented for airport handling spa, amounting to eur 25 million does not constitute aid within the meaning of article 107(1) of the treaty on the functioning of the european union. article 3 this decision is addressed to the italian republic. done at brussels, 5 july 2016. for the commission margrethe vestager member of the commission (1) oj c 44, 6.2.2015, p. 30. (2) oj c 249, 31.7.2014, p. 1. (3) see order of 20 june 2013, case t-152/13 r, ecli:eu:t:2013:337, and order of 1 july 2013, case t-167/13 r, ecli:eu:t:2013:331. (4) see order of 28 november 2014, case t-688/14 r, ecli:eu:t:2014:1010. the president of the general court dismissed the application in case t-674/14 r by order of 27 november 2014, ecli:eu:t:2014:1009. (5) oj c 44, 6.2.2015, p. 30. (6) point 5 of the agreement of 4 november 2013. (7) law no 223 of 23 july 1991 on the rules relating to the lay-off fund, laid-off workers mobility, unemployment benefits, the implementation of eu directives, job placement and other provisions relating to the labour market (guri no 175 of 27 july 1991). (*1) business secret. (8) voluntary liquidation is essentially similar to winding up by the court, save for the fact that it falls to the shareholders in general meeting, and not to the court, to take the decision to wind up the company, appoint the liquidators and determine their powers. only where a majority of the shareholders cannot be assembled must the company apply to the court for a declaration putting it into liquidation. the court then designates the liquidators in accordance with the companys articles of association or pursuant to the decision of the shareholders in general meeting, unless it is clear that disagreement between the shareholders will prevent them from taking a decision in a general meeting, in which case the court itself appoints a liquidator. (9) airport handling filed the request for the licence for the provision of ground handling services at linate and malpensa on 21 january 2014. enac awarded the licence to airport handling on 17 april 2014. (10) the sfps are equity-based instruments, therefore they are not subject to a repayment obligation of the amount contributed by sea. they do not carry administrative rights but are similar to shares in terms of equity rights. in particular, these instruments provide profit-sharing and reserve rights and rights to other equity items, including in case of winding up of the company. (11) on that date sea was still the sole shareholder of airport handling. (12) on that date the trust was the sole shareholder of airport handling. (13) contract notice no 2014/s218-385934 of 12.11.2014 in the tenders electronic daily (ted) supplement to the oj: http://ted.europa.eu/udl?uri=ted:notice:385934-2014:text:en:html&src=0 (14) long-stop date 18 calendar months from the execution and exchange of all documents and the performance and consummation of all obligations, arising from the sale contract. (15) air-side services, including the boarding/disembarking of passengers, luggage and cargo, aircraft balancing, and luggage distribution. (16) services provided land-side. (17) brattle report, p. 1, paragraph 1 and p. 7, paragraph 34. (18) fourth council directive 78/660/eec of 25 july 1978 based on article 54 (3) (g) of the treaty on the annual accounts of certain types of companies (oj l 222, 14.8.1978, p. 11). (19) seventh council directive 83/349/eec of 13 june 1983 based on the article 54 (3) (g) of the treaty on consolidated accounts (oj l 193, 18.7.1983, p. 1). (20) case c-303/88 italy v commission ecli:eu:c:1991:367, paragraph 57; case c-277/00, germany v commission (smi), ecli:eu:c:2004:238, paragraph 75. by repaying the aid, the recipient must forfeit the advantage it previously enjoyed on the market, and the pre-aid situation is restored. (21) case c-454/09, commission v italy (aid in favour of new interline spa), ecli:eu:c:2011:650, paragraph 36. (22) c-610/10 commission v spain, ecli:eu:c:2012:781, paragraph 106. (23) joined cases c-328/99 and c-399/00 italy and sim 2 multimedia v commission (seleco-multimedia) ecli:eu:c:2003:252, paragraphs 69, 77-78. this set of indicators was then confirmed in case t-123/09 ryanair v commission, ecli:eu:t:2012:164, paragraph 155. (24) joined cases t-415/05, t-416/05 and t-423/05 hellenic republic et al. v commission, ecli:eu:t:2010:386, paragraph 135. (25) case t-123/09 ryanair v commission, ecli:eu:t:2012:164, paragraph 156. (26) see footnote 40. (27) continuation of the objective to safeguard the jobs of all seah personnel. see point 6, subparagraph 1 of the agreement of 4 november 2013. (28) recourse to all mechanisms made available by the relevant legislation governing employment and collective bargaining (primarily, social safety nets and voluntary redundancies, also to be implemented within the sea group, seamlessly with regard to the upcoming deadline of 31 december 2013) and solutions involving relocation within the group (both in line with new business opportunities and in accordance with the insourcing processes implemented following the post de-hubbing company agreements, and with internal mobility designed to address the organisational requirements of sea spa); ibid. (29) [ ] (*). (30) the commission notes that according to statements and complete inventories provided by airport handling, the greater part of seahs assets was aged, repair intensive and fully written off. (31) according to the abovementioned brattle report on airport handlings business plan, the companys labour costs were [ ] (*). (32) case c-277/00 germany v commission (smi), ecli:eu:c:2004:238, paragraph 93. (33) case c-277/00 germany v commission (smi), ecli:eu:c:2004:238, paragraph 88. (34) recital 16 of the opening decision. (35) dates of signature of contract according to a list provided by italy: e.g. [ ] (*). (36) case t-123/09 ryanair v commission, ecli:eu:t:2012:164, paragraph 156. (37) case c-277/00 germany v commission (smi), ecli:eu:c:2004:238, paragraphs 86-89. (38) case c-482/99 france v commission, cited, paragraph 71. (39) case t-16/96 cityflyer express v commission [1998] ecr ii-757, paragraph 76. (40) annex to the impact assessment, accompanying the document proposal for a regulation of the european parliament and of the council on groundhandling services at union airports and repealing council directive 96/67/ec, of 16.1.2012, sec(2011) 1439 final. on p. 95 of that document, the commission notes that the liberalisation of groundhandling services and the end of monopolies or (airport/hub carrier) duopolies at airports have meant that groundhandling providers have had to adapt in order to become more competitive and have had to deal with tougher competition. the most visible consequence for groundhandling workers was the increase in work productivity and flexibility. groundhandling providers often explain that this increase in work productivity is imperative as staff costs amount to 65-80 % of their total costs, while workers associations usually claim that groundhandling companies focus too much on the work factor to reduce costs. (41) according to the brattle report paragraph 48, p. 11. (42) brattle report paragraph 40, p. 9 (43) this wacc is according to the brattle report higher, because it takes into account project specific risks through an increase in the equity beta.

name: commission delegated decision (eu) 2017/2113 of 11 september 2017 amending annex v to directive 2005/36/ec of the european parliament and of the council as regards evidence of formal qualifications and the titles of training courses (notified under document c(2017) 6054)text with eea relevance. type: decision_del subject matter: economic geography; health; education; construction and town planning; employment date published: 2017-12-01 1.12.2017 en official journal of the european union l 317/119 commission delegated decision (eu) 2017/2113 of 11 september 2017 amending annex v to directive 2005/36/ec of the european parliament and of the council as regards evidence of formal qualifications and the titles of training courses (notified under document c(2017) 6054) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2005/36/ec of the european parliament and of the council of 7 september 2005 on the recognition of professional qualifications (1), and in particular article 21a(4) thereof, whereas: (1) annex v to directive 2005/36/ec contains lists of the evidence of formal qualifications of doctors of medicine, nurses responsible for general care, dental practitioners, veterinary surgeons, midwives, pharmacists and architects. (2) commission delegated decision (eu) 2016/790 (2) updated annex v to directive 2005/36/ec following notifications from member states of amendments to their legislative, regulatory and administrative provisions on the issuing of evidence of the formal qualifications in question. since the adoption of that decision, several member states have notified the commission of further such amendments. the commission considers that the amended provisions are in conformity with the conditions set out in title iii, chapter iii of the directive. annex v to the directive should therefore be updated. (3) for reasons of clarity and legal certainty, all relevant points of annex v to directive 2005/36/ec on the evidence of formal qualifications and the titles of training courses should be replaced. (4) directive 2005/36/ec should therefore be amended accordingly, has adopted this decision: article 1 annex v to directive 2005/36/ec is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 11 september 2017. for the commission el bieta bie kowska member of the commission (1) oj l 255, 30.9.2005, p. 22. (2) commission delegated decision (eu) 2016/790 of 13 january 2016 amending annex v to directive 2005/36/ec of the european parliament and of the council as regards the evidence of formal qualifications and the titles of training courses (oj l 134, 24.5.2016, p. 135). annex annex v to directive 2005/36/ec is amended as follows: 1. points 5.1.1 to 5.1.4 are replaced by the following: 5.1.1. evidence of formal qualifications in basic medical training country evidence of formal qualifications body awarding the qualifications certificate accompanying the qualifications reference date belgi /belgique/belgien diploma van arts/dipl 'me de docteur en m decine dipl 'me de m decin /master in de geneeskunde les universit s/de universiteiten le jury comp tent denseignement de la communaut fran aise/de bevoegde examencommissie van de vlaamse gemeenschap 20.12.1976 - ' - 1.1.2007 esk republika diplom o ukon en studia ve studijn m programu v eobecn l ka stv (doktor medic ny, mudr.) l k sk fakulta univerzity v esk republice 1.5.2004 danmark bevis for kandidatuddannelsen i medicin (cand.med.) bevis for best et l gevidenskabelig embedseksamen (cand.med.) universitet styrelsen for patientsikkerhed medicinsk universitetsfakultet autorisation som l ge, udstedt af sundhedsstyrelsen og tilladelse til selvst ndigt virke som l ge (dokumentation for gennemf rt praktisk uddannelse), udstedt af sundhedsstyrelsen autorisation som l ge og tilladelse til selvst ndigt virke som l ge 20.12.1976 deutschland zeugnis ber die rztliche pr fung zeugnis ber die rztliche staatspr fung und zeugnis ber die vorbereitungszeit als medizinalassistent, soweit diese nach den deutschen rechtsvorschriften noch f r den abschluss der rztlichen ausbildung vorgesehen war zust ndige beh rden 20.12.1976 eesti arstikraad degree in medicine (md) diplom arstiteaduse ppekava l bimise kohta tartu likool 1.5.2004 , , 1.1.1981 espa a t tulo de licenciado en medicina y cirug a t tulo de licenciado en medicina t tulo de graduado/a en medicina ministerio de educaci n y cultura el rector de una universidad 1.1.1986 france dipl 'me de fin de deuxi me cycle des tudes m dicales universit s 20.12.1976 hrvatska diploma doktor medicine/doktorica medicine medicinski fakulteti sveu ili ta u republici hrvatskoj 1.7.2013 ireland primary qualification competent examining body certificate of experience 20.12.1976 italia diploma di laurea in medicina e chirurgia universit diploma di abilitazione allesercizio della medicina e chirurgia 20.12.1976 1.5.2004 latvija rsta diploms universit tes tipa augstskola 1.5.2004 lietuva 1. auk tojo mokslo diplomas, nurodantis suteikt gydytojo kvalifikacij universitetas 1. internat ros pa ym jimas, nurodantis suteikt medicinos gydytojo profesin kvalifikacij 1.5.2004 2. magistro diplomas (medicinos magistro kvalifikacinis laipsnis ir gydytojo kvalifikacija) 2. internat ros pa ym jimas (medicinos gydytojo profesin kvalifikacija) luxembourg dipl 'me detat de docteur en m decine, chirurgie et accouchements jury dexamen detat certificat de stage 20.12.1976 magyarorsz g okleveles orvosdoktor oklev l (dr. med) egyetem 1.5.2004 malta lawrja ta tabib tal-medi ina u l-kirur ija universita' ta malta ertifikat ta re istrazzjoni ma ru mill-kunsill mediku 1.5.2004 nederland getuigschrift van met goed gevolg afgelegd artsexamen faculteit geneeskunde 20.12.1976 sterreich urkunde ber die verleihung des akademischen grades doktor der gesamten heilkunde (bzw. doctor medicinae universae, dr.med.univ.) medizinische fakult t einer universit t, bzw medizinische universit t 1.1.1994 polska dyplom uko czenia studi w wy szych na kierunku lekarskim z tytu em lekarza szko y wy sze wiadectwo z o enia lekarskiego egzaminu pa stwowego (1) (3) / wiadectwo z o enia lekarskiego egzaminu ko cowego (2) (3) 1.5.2004 portugal carta de curso de licenciatura em medicina certificado de mestrado integrado em medicina universidades certificado emitido pela ordem dos m dicos 1.1.1986 rom nia diplom de licen de doctor medic diploma de licen i master (4) universit i ministerul educa iei na ionale (4) 1.1.2007 slovenija diploma, s katero se podeljuje strokovni naslov doktor medicine/doktorica medicine univerza potrdilo o opravljenem strokovnem izpitu za poklic zdravnik/zdravnica 1.5.2004 slovensko diplom v eobecn lek rstvo doktor v eobecn ho lek rstva ( mudr. ) univerzita 1.5.2004 suomi/finland l ketieteen lisensiaatin tutkinto/medicine licentiatexamen yliopisto 1.1.1994 sverige l karexamen universitet eller h gskola bevis om legitimation som l kare, utf rdat av socialstyrelsen 1.1.1994 united kingdom primary qualification competent examining body certificate of experience 20.12.1976 5.1.2. evidence of formal qualifications of specialised doctors country evidence of formal qualifications body awarding the qualifications reference date belgi /belgique/belgie bijzondere beroepstitel van geneesheer-specialist/titre professionnel particulier de m decin sp cialiste minister bevoegd voor volksgezondheid/ministre de la sant publique 20.12.1976 ' 1.1.2007 esk republika diplom o specializaci ministerstvo zdravotnictv 1.5.2004 danmark bevis for tilladelse til at betegne sig som speciall ge sundhedsstyrelsen styrelsen for patientsikkerhed 20.12.1976 deutschland fach rztliche anerkennung landes rztekammer 20.12.1976 eesti residentuuri l petamist t endav tunnistus residentuuri l putunnistus eriarstiabi erialal tartu likool 1.5.2004 ' 1. 2. ' 3. 1.1.1981 espa a t tulo de especialista ministerio de educaci n y cultura 1.1.1986 france 1. certificat d tudes sp ciales de m decine accompagn du dipl 'me detat de docteur en m decine 1. universit s 20.12.1976 2. attestation de m decin sp cialiste qualifi accompagn e du dipl 'me detat de docteur en m decine 2. conseil de lordre des m decins 3. dipl 'me d tudes sp cialis es ou dipl 'me d tudes sp cialis es compl mentaires qualifiant de m decine accompagn du dipl 'me detat de docteur en m decine 3. universit s hrvatska diploma o specijalisti kom usavr avanju ministarstvo nadle no za zdravstvo 1.7.2013 ireland certificate of specialist doctor competent authority 20.12.1976 italia diploma di medico specialista universit 20.12.1976 ' 1.5.2004 latvija sertifik ts kompetentu iest u izsniegts dokuments, kas apliecina, ka persona ir nok rtojusi sertifik cijas eks menu specialit t latvijas rstu biedr ba latvijas rstniec bas personu profesion lo organiz ciju savien ba 1.5.2004 lietuva 1. rezident ros pa ym jimas, nurodantis suteikt gydytojo specialisto profesin kvalifikacij 2. rezident ros pa ym jimas (gydytojo specialisto profesin kvalifikacija) universitetas 1.5.2004 luxembourg certificat de m decin sp cialiste ministre de la sant publique 20.12.1976 magyarorsz g szakorvosi bizony tv ny nemzeti vizsgabizotts g 1.5.2004 malta ertifikat ta spe jalista mediku kumitat ta approvazzjoni dwar spe jalisti 1.5.2004 nederland bewijs van inschrijving in een specialistenregister medische specialisten registratie commissie (msrc) van de koninklijke nederlandsche maatschappij tot bevordering der geneeskunst sociaal-geneeskundigen registratie commissie (sgrc) van de koninklijke nederlandsche maatschappij tot bevordering der geneeskunst 20.12.1976 diploma geneeskundig specialist registratiecommissie geneeskundig specialisten (rgs) van de koninklijke nederlandsche maatschappij tot bevordering der geneeskunst (5) sterreich facharztdiplom sterreichische rztekammer 1.1.1994 polska dyplom uzyskania tytu u specjalisty centrum egzamin w medycznych 1.5.2004 portugal titulo de especialista ordem dos m dicos 1.1.1986 rom nia certificat de medic specialist ministerul s n t ii 1.1.2007 slovenija potrdilo o opravljenem specialisti nem izpitu 1. ministrstvo za zdravje 2. zdravni ka zbornica slovenije 1.5.2004 slovensko diplom o pecializ cii 1. slovensk zdravotn cka univerzita 2. univerzita komensk ho v bratislave 3. univerzita pavla jozefa af rika v ko iciach 1.5.2004 suomi/finland erikoisl k rin tutkinto/speciall karexamen yliopisto 1.1.1994 sverige bevis om specialkompetens som l kare, utf rdat av socialstyrelsen socialstyrelsen 1.1.1994 united kingdom certificate of completion of training postgraduate medical education and training board 20.12.1976 general medical council 1.4.2010 5.1.3. titles of training courses in specialised medicine anaesthetics general surgery minimum period of training: 3 years minimum period of training: 5 years country title title belgique/belgi /belgien anesth sie-r animation/anesthesie-reanimatie chirurgie/heelkunde esk republika anesteziologie a intenzivn medic na chirurgie danmark an stesiologi kirurgi deutschland an sthesiologie (allgemeine) chirurgie eesti anestesioloogia ldkirurgia espa a anestesiolog a y reanimaci n cirug a general y del aparato digestivo france anesth sie-r animation chirurgie g n rale hrvatska anesteziologija, reanimatologija i intenzivna medicina op a kirurgija ireland anaesthesia general surgery italia anestesia, rianimazione e terapia intensiva anestesia, rianimazione, terapia intensiva e del dolore (7) chirurgia generale latvija anesteziolo ija un reanimatolo ija irur ija lietuva anesteziologija reanimatologija chirurgija luxembourg anesth sie-r animation chirurgie g n rale magyarorsz g aneszteziol gia s intenz v ter pia seb szet malta aneste ija u kura intensiva kirur ija enerali nederland anesthesiologie heelkunde sterreich an sthesiologie und intensivmedizin chirurgie allgemeinchirurgie und viszeralchirurgie (6) polska anestezjologia i intensywna terapia chirurgia og lna portugal anestesiologia cirurgia geral rom nia anestezie i terapie intensiv chirurgie general slovenija anesteziologija, reanimatologija in perioperativna intenzivna medicina splo na kirurgija slovensko anest ziol gia a intenz vna medic na chirurgia suomi/finland anestesiologia ja tehohoito/anestesiologi och intensivv rd yleiskirurgia/allm n kirurgi sverige anestesi och intensivv rd kirurgi united kingdom anaesthetics general surgery neurological surgery obstetrics and gynaecology minimum period of training: 5 years minimum period of training: 4 years country title title belgique/belgi /belgien neurochirurgie gyn cologie obst trique/gynaecologie verloskunde esk republika neurochirurgie gynekologie a porodnictv danmark neurokirurgi gyn kologi og obstetrik deutschland neurochirurgie frauenheilkunde und geburtshilfe eesti neurokirurgia s nnitusabi ja g nekoloogia - espa a neurocirug a obstetricia y ginecolog a france neurochirurgie gyn cologie obst trique hrvatska neurokirurgija ginekologija i opstetricija ireland neurosurgery obstetrics and gynaecology italia neurochirurgia ginecologia e ostetricia latvija neiro irur ija ginekolo ija un dzemdniec ba lietuva neurochirurgija aku erija ginekologija luxembourg neurochirurgie gyn cologie obst trique magyarorsz g idegseb szet sz l szet-n gy gy szat malta newrokirur ija ostetri ja u inekolo ija nederland neurochirurgie obstetrie en gynaecologie sterreich neurochirurgie frauenheilkunde und geburtshilfe polska neurochirurgia po o nictwo i ginekologia portugal neurocirurgia ginecologia e obstetricia rom nia neurochirurgie obstetric -ginecologie slovenija nevrokirurgija ginekologija in porodni tvo slovensko neurochirurgia gynekol gia a p 'rodn ctvo suomi/finland neurokirurgia/neurokirurgi naistentaudit ja synnytykset/kvinnosjukdomar och f rlossningar sverige neurokirurgi obstetrik och gynekologi united kingdom neurosurgery obstetrics and gynaecology general (internal) medicine ophthalmology minimum period of training: 5 years minimum period of training: 3 years country title title belgique/belgi /belgien m decine interne/inwendige geneeskunde ophtalmologie/oftalmologie esk republika vnit n l ka stv oftalmologie danmark oftalmologi deutschland innere medizin augenheilkunde eesti sisehaigused oftalmoloogia espa a medicina interna oftalmolog a france m decine interne ophtalmologie hrvatska op a interna medicina oftalmologija i optometrija ireland general (internal) medicine ophthalmic surgery ophthalmology (8) italia medicina interna oftalmologia latvija intern medic na oftalmolo ija lietuva vidaus ligos oftalmologija luxembourg m decine interne ophtalmologie magyarorsz g belgy gy szat szem szet malta medi ina interna oftalmolo ija nederland interne geneeskunde oogheelkunde sterreich innere medizin augenheilkunde und optometrie polska choroby wewntrzne okulistyka portugal medicina interna oftalmologia rom nia medicin intern oftalmologie slovenija interna medicina oftalmologija slovensko vn torn lek rstvo oftalmol gia suomi/finland sis taudit/inre medicin silm taudit/ gonsjukdomar sverige internmedicin gonsjukdomar (oftalmologi) united kingdom general (internal) medicine ophthalmology otorhinolaryngology paediatrics minimum period of training: 3 years minimum period of training: 4 years country title title belgique/belgi /belgien oto-rhino-laryngologie/otorhinolaryngologie p diatrie/pediatrie - - ' esk republika otorinolaryngologie d tsk l ka stv danmark oto-rhino-laryngologi p diatri deutschland hals-nasen-ohrenheilkunde kinder- und jugendmedizin eesti otorinolar ngoloogia pediaatria ' espa a otorrinolaringolog a pediatr a y sus reas especificas france oto-rhino-laryngologie et chirurgie cervico-faciale p diatrie hrvatska otorinolaringologija pedijatrija ireland otolaryngology paediatrics italia otorinolaringoiatria pediatria ' latvija otolaringolo ija pediatrija lietuva otorinolaringologija vaik ligos luxembourg oto-rhino-laryngologie p diatrie magyarorsz g f l-orr-g gegy gy szat csecsem - s gyermekgy gy szat malta otorinolaringolo ija pedjatrija nederland keel-, neus- en oorheelkunde kindergeneeskunde sterreich hals-, nasen- und ohrenkrankheiten hals-, nasen- und ohrenheilkunde (9) kinder- und jugendheilkunde polska otorynolaryngologia pediatria portugal otorrinolaringologia pediatria rom nia otorinolaringologie pediatrie slovenija otorinolaringol gija pediatrija slovensko otorinolaryngol gia pediatria suomi/finland korva-, nen - ja kurkkutaudit/ ron-, n s- och halssjukdomar lastentaudit/barnsjukdomar sverige ron-, n s- och halssjukdomar (oto-rhino-laryngologi) barn- och ungdomsmedicin united kingdom otolaryngology paediatrics respiratory medicine urology minimum period of training: 4 years minimum period of training: 5 years country title title belgique/belgi /belgien pneumologie urologie esk republika pneumologie a ftizeologie urologie danmark intern medicin: lungesygdomme urologi deutschland pneumologie innere medizin und pneumologie (10) urologie eesti pulmonoloogia uroloogia - v espa a neumolog a urolog a france pneumologie chirurgie urologique hrvatska pulmologija urologija ireland respiratory medicine urology italia malattie dellapparato respiratorio urologia latvija ftiziopneimonolo ija urolo ija lietuva pulmonologija urologija luxembourg pneumologie urologie magyarorsz g t d gy gy szat urol gia malta medi ina respiratorja urolo ija nederland longziekten en tuberculose urologie sterreich lungenkrankheiten innere medizin und pneumologie (11) urologie polska choroby p uc urologia portugal pneumologia urologia rom nia pneumologie urologie slovenija pnevmologija urologija slovensko pneumol gia a ftizeol gia urol gia suomi/finland keuhkosairaudet ja allergologia/lungsjukdomar och allergologi urologia/urologi sverige lungsjukdomar (pneumologi) urologi united kingdom respiratory medicine urology orthopaedics pathological anatomy minimum period of training: 5 years minimum period of training: 4 years country title title belgique/belgi /belgien chirurgie orthop dique/orthopedische heelkunde anatomie pathologique/pathologische anatomie ' esk republika ortopedie patologie danmark ortop disk kirurgi patologisk anatomi og cytology deutschland orthop die (und unfallchirurgie) orthop die und unfallchirurgie (12) pathologie eesti ortopeedia patoloogia ' espa a cirug a ortop dica y traumatolog a anatom a patol gica france chirurgie orthop dique et traumatologie anatomie et cytologie pathologiques hrvatska ortopedija i traumatologija patologija patologija i citologija (14) ireland trauma and orthopaedic surgery histopathology italia ortopedia e traumatologia anatomia patologica ' latvija traumatolo ija un ortop dija patolo ija lietuva ortopedija traumatologija patologija luxembourg orthop die anatomie pathologique magyarorsz g ortop dia s traumatol gia patol gia malta kirur ija ortopedika istopatolo ija nederland orthopedie pathologie sterreich orthop die und orthop dische chirurgie orthop die und traumatologie (13) pathologie klinische pathologie und molekularpathologie (13) klinische pathologie und neuropathologie polska ortopedia i traumatologia narz du ruchu patomorfologia portugal ortopedia anatomia patologica rom nia ortopedie i traumatologie anatomie patologic slovenija ortopedska kirurgija; travmatologija patologija slovensko ortop dia patologick anat mia suomi/finland ortopedia ja traumatologia/ortopedi och traumatologi patologia/patologi sverige ortopedi klinisk patologi united kingdom trauma and orthopaedic surgery histopathology neurology psychiatry minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien neurologie psychiatrie, particuli rement de ladulte/psychiatrie, meer bepaald in de volwassenpsychiatrie esk republika neurologie psychiatrie danmark neurologi psykiatri deutschland neurologie psychiatrie und psychotherapie eesti neuroloogia ps hhiaatria espa a neurolog a psiquiatr a france neurologie psychiatrie hrvatska neurologija psihijatrija ireland neurology psychiatry italia neurologia psichiatria latvija neirolo ija psihiatrija lietuva neurologija psichiatrija luxembourg neurologie psychiatrie magyarorsz g neurol gia pszichi tria malta newrolo ija psikjatrija nederland neurologie psychiatrie sterreich neurologie psychiatrie und psychotherapeutische medizin polska neurologia psychiatria portugal neurologia psiquiatria rom nia neurologie psihiatrie slovenija nevrologija psihiatrija slovensko neurol gia psychiatria suomi/finland neurologia/neurologi psykiatria/psykiatri sverige neurologi psykiatri united kingdom neurology general psychiatry diagnostic radiology radiotherapy minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien radiodiagnostic/r ntgendiagnose radioth rapie-oncologie/radiotherapie-oncologie ' esk republika radiologie a zobrazovac metody radia n onkologie danmark radiologi klinisk onkologi deutschland (diagnostische) radiologie strahlentherapie eesti radioloogia onkoloogia ' espa a radiodiagn stico oncolog a radioter pica france radiodiagnostic et imagerie m dicale oncologie option oncologie radioth rapique hrvatska klini ka radiologija onkologija i radioterapija ireland radiology radiation oncology italia radiodiagnostica radioterapia latvija diagnostisk radiolo ija terapeitisk radiolo ija lietuva radiologija onkologija radioterapija luxembourg radiodiagnostic radioth rapie magyarorsz g radiol gia sug rter pia malta radjolo ija onkolo ija u radjoterapija nederland radiologie radiotherapie sterreich radiologie strahlentherapie-radioonkologie polska radiologia i diagnostyka obrazowa radioterapia onkologiczna portugal radiodiagn stico radioterapia radioncologia rom nia radiologie-imagistic medical radioterapie slovenija radiologija radioterapija in onkologija slovensko r diol gia radia n onkol gia suomi/finland radiologia/radiologi sy p taudit/cancersjukdomar sverige medicinsk radiologi radiologi (16) tum rsjukdomar (allm n onkologi) onkologi (15) united kingdom clinical radiology clinical oncology plastic surgery clinical biology minimum period of training: 5 years minimum period of training: 4 years country title title belgique/belgi /belgien chirurgie plastique, reconstructrice et esth tique/plastische, reconstructieve en esthetische heelkunde biologie clinique/klinische biologie - esk republika plastick chirurgie danmark plastikkirurgi deutschland plastische (und sthetische) chirurgie plastische und sthetische chirurgie (17) laboratoriumsmedizin (18) eesti plastika- ja rekonstruktiivkirurgia laborimeditsiin (21) espa a cirug a pl stica, est tica y reparadora an lisis cl nicos france chirurgie plastique, reconstructrice et esth tique biologie m dicale hrvatska plasti na, rekonstrukcijska i estetska kirurgija ireland plastic, reconstructive and aesthetic surgery italia chirurgia plastica, ricostruttiva ed estetica patologia clinica patologia clinica e biochimica clinica (20) latvija plastisk irur ija lietuva plastin ir rekonstrukcin chirurgija laboratorin medicina luxembourg chirurgie plastique biologie clinique magyarorsz g plasztikai ( g si) seb szet orvosi laborat riumi diagnosztika malta kirur ija plastika nederland plastische chirurgie sterreich plastische, sthetische und rekonstruktive chirurgie plastische, rekonstruktive und sthetische chirurgie (19) medizinische biologie polska chirurgia plastyczna diagnostyka laboratoryjna portugal cirurgia pl stica, est tica e reconstrutiva patologia cl nica rom nia chirurgie plastic , estetic i microchirurgie reconstructiv medicin de laborator slovenija plasti na, rekonstrukcijska in estetska kirurgija slovensko plastick chirurgia laborat rna medic na suomi/finland plastiikkakirurgia/plastikkirurgi sverige plastikkirurgi united kingdom plastic surgery microbiology-bacteriology biological chemistry minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien esk republika l ka sk mikrobiologie klinick biochemie danmark klinisk mikrobiologi klinisk biokemi deutschland mikrobiologie (virologie) und infektionsepidemiologie mikrobiologie, virologie und infektionsepidemiologie (24) laboratoriumsmedizin (22) eesti (27) espa a microbiolog a y parasitolog a bioqu mica cl nica france hrvatska klini ka mikrobiologija ireland microbiology chemical pathology italia microbiologia e virologia biochimica clinica (26) latvija mikrobiolo ija lietuva luxembourg microbiologie chimie biologique magyarorsz g orvosi mikrobiol gia malta mikrobijolo ija patolo ija kimika nederland medische microbiologie klinische chemie (23) sterreich hygiene und mikrobiologie klinische mikrobiologie und hygiene (25) klinische mikrobiologie und virologie (25) medizinische und chemische labordiagnostik polska mikrobiologia lekarska portugal rom nia slovenija klini na mikrobiologija medicinska biokemija slovensko klinick mikrobiol gia klinick bioch mia suomi/finland kliininen mikrobiologia/klinisk mikrobiologi kliininen kemia/klinisk kemi sverige klinisk bakteriologi klinisk mikrobiologi (28) klinisk kemi united kingdom medical microbiology and virology chemical pathology immunology thoracic surgery minimum period of training: 4 years minimum period of training: 5 years country title title belgique/belgi /belgien chirurgie thoracique/heelkunde op de thorax (29) ' ' esk republika alergologie a klinick imunologie hrudn chirurgie danmark klinisk immunologi thoraxkirurgi deutschland thoraxchirurgie eesti torakaalkirurgia espa a inmunolog a cirug a tor cica cirug a cardiovascular france chirurgie thoracique et cardiovasculaire hrvatska alergologija i klini ka imunologija ireland immunology (clinical and laboratory) cardiothoracic surgery italia chirurgia toracica cardiochirurgia latvija imunolo ija torak l irur ija sirds irurgs lietuva kr tin s chirurgija luxembourg immunologie chirurgie thoracique magyarorsz g allergol gia s klinikai immunol gia mellkasseb szet malta immunolo ija kirur ija kardjo-tora ika nederland cardio-thoracale chirurgie sterreich immunologie klinische immunologie (30) thoraxchirurgie polska immunologia kliniczna chirurgia klatki piersiowej portugal cirurgia cardiotor cica rom nia chirurgie toracic slovenija torakalna kirurgija slovensko klinick imunol gia a alergol gia hrudn kov chirurgia suomi/finland syd n-ja rintaelinkirurgia/hj rt- och thoraxkirurgi sverige klinisk immunologi (31) thoraxkirurgi united kingdom immunology cardo-thoracic surgery paediatric surgery vascular surgery minimum period of training: 5 years minimum period of training: 5 years country title title belgique/belgi /belgien chirurgie des vaisseaux/bloedvatenheelkunde (32) ' esk republika d tsk chirurgie c vn chirurgie danmark karkirurgi deutschland kinderchirurgie gef chirurgie eesti lastekirurgia kardiovaskulaarkirurgia ' espa a cirug a pedi trica angiolog a y cirug a vascular france chirurgie infantile chirurgie vasculaire hrvatska dje ja kirurgija vaskularna kirurgija ireland paediatric surgery italia chirurgia pediatrica chirurgia vascolare ' latvija b rnu irur ija asinsvadu irur ija lietuva vaik chirurgija kraujagysli chirurgija luxembourg chirurgie p diatrique chirurgie vasculaire magyarorsz g gyermekseb szet rseb szet malta kirurgija pedjatrika kirur ija vaskolari nederland sterreich kinder- und jugendchirurgie allgemeinchirurgie und gef chirurgie polska chirurgia dziecica chirurgia naczyniowa portugal cirurgia pedi trica angologia/cirurgia vascular rom nia chirurgie pediatric chirurgie vascular slovenija kardiovaskularna kirurgija slovensko detsk chirurgia cievna chirurgia suomi/finland lastenkirurgia/barnkirurgi verisuonikirurgia/k rlkirurgi sverige barn- och ungdomskirurgi k rlkirurgi united kingdom paediatric surgery vascular surgery cardiology gastroenterology minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien cardiologie gastro-ent rologie/gastro-enterologie ' (33) esk republika kardiologie gastroenterologie danmark intern medicin: kardiologi intern medicin: gastroenterology og hepatologi deutschland innere medizin und schwerpunkt kardiologie innere medizin und kardiologie (34) innere medizin und schwerpunkt gastroenterologie innere medizin und gastroenterologie (34) eesti kardioloogia gastroenteroloogia ' espa a cardiolog a aparato digestivo france cardiologie et maladies vasculaires gastro-ent rologie et h patologie hrvatska kardiologija gastroenterologija ireland cardiology gastro-enterology italia malattie dellapparato cardiovascolare gastroenterologia malattie dellapparato digerente (35) ' latvija kardiolo ija gastroenterolo ija lietuva kardiologija gastroenterologija luxembourg cardiologie et angiologie gastro-enterologie magyarorsz g kardiol gia gasztroenterol gia malta kardjolo ija gastroenterolo ija nederland cardiologie maag-darm-leverziekten sterreich innere medizin und kardiologie innere medizin und gastroenterologie und hepatologie polska kardiologia gastrenterologia portugal cardiologia gastrenterologia rom nia cardiologie gastroenterologie slovenija kardiologija in vaskularna medicina gastroenterologija slovensko kardiol gia gastroenterol gia suomi/finland kardiologia/kardiologi gastroenterologia/gastroenterologi sverige kardiologi medicinsk gastroenterologi och hepatologi united kingdom cardiology gastroenterology rheumatology general haematology minimum period of training: 4 years minimum period of training: 3 years country title title belgique/belgi /belgien rhumathologie/reumatologie esk republika revmatologie hematologie a transf zn l ka stv danmark intern medicin: reumatologi intern medicin: h matologi deutschland innere medizin und schwerpunkt rheumatologie innere medizin und rheumatologie (36) innere medizin und schwerpunkt h matologie und onkologie innere medizin und h matologie und onkologie (36) eesti reumatoloogia hematoloogia espa a reumatolog a hematolog a y hemoterapia france rhumatologie hrvatska reumatologija hematologija ireland rheumatology haematology (clinical and laboratory) italia reumatologia ematologia latvija reimatolo ija hematolo ija lietuva reumatologija hematologija luxembourg rhumatologie h matologie magyarorsz g reumatol gia hematol gia malta rewmatolo ija ematolo ija nederland reumatologie sterreich innere medizin und rheumatologie innere medizin und h matologie und internistische onkologie polska reumatologia hematologia portugal reumatologia imuno-hemoterapia rom nia reumatologie hematologie slovenija revmatologija hematologija slovensko reumatol gia hematol gia a transf ziol gia suomi/finland reumatologia/reumatologi kliininen hematologia/klinisk hematologi sverige reumatologi hematologi united kingdom rheumatology haematology endocrinology physiotherapy minimum period of training: 3 years minimum period of training: 3 years country title title belgique/belgi /belgien m decine physique et r adaptation/fysische geneeskunde en revalidatie ' ' esk republika diabelotologie a endokrinologie rehabilita n a fyzik ln medic na danmark intern medicin: endokrinologi deutschland innere medizin und schwerpunkt endokrinologie und diabetologie innere medizin und endokrinologie und diabetologie (37) physikalische und rehabilitative medizin eesti endokrinoloogia taastusravi ja f siaatria ' espa a endocrinolog a y nutrici n medicina f sica y rehabilitaci n france endocrinologie diab te maladies m taboliques m decine physique et de r adaptation hrvatska endokrinologija i dijabetologija fizikalna medicina i rehabilitacija ireland endocrinology and diabetes mellitus italia endocrinologia e malattie del ricambio endocrinologia e malattie del metabolismo (38) medicina fisica e riabilitazione medicina fisica e riabilitativa (38) ' latvija endokrinolo ija rehabilitolo ija fizisk rehabilit cija fizik l medic na lietuva endokrinologija fizin medicina ir reabilitacija luxembourg endocrinologie, maladies du m tabolisme et de la nutrition r ducation et r adaptation fonctionnelles magyarorsz g endokrinol gia fizik lis medicina s rehabilit ci s orvosl s malta endokrinolo ija u dijabete nederland revalidatiegeneeskunde sterreich innere medizin und endokrinologie und diabetologie physikalische medizin und allgemeine rehabilitation polska endokrynologia rehabilitacja medyczna portugal endocrinologia/nutri o medicina f sica e de reabilita o rom nia endocrinologie reabilitare medical slovenija fizikalna in rehabilitacijska medicina slovensko endokrinol gia fyziatria, balneol gia a lie ebn rehabilit cia suomi/finland endokrinologia/endokrinologi fysiatria/fysiatri sverige endokrina sjukdomar endokrinologi och diabetologi (39) rehabiliteringsmedicin united kingdom endocrinology and diabetes mellitus neuropsychiatry dermato-venereology minimum period of training: 5 years minimum period of training: 3 years country title title belgique/belgi /belgien neuropsychiatrie (40) dermato-v n r ologie/dermato-venereologie esk republika dermatovenerologie danmark dermato-venerologi deutschland nervenheilkunde (neurologie und psychiatrie) haut und geschlechtskrankheiten eesti dermatoveneroloogia ' espa a dermatolog a m dico-quir rgica y venereolog a france neuropsychiatrie (41) dermatologie et v n r ologie hrvatska dermatologija i venerologija ireland italia neuropsichiatria (42) dermatologia e venereologia ' latvija dermatolo ija un venerolo ija lietuva dermatovenerologija luxembourg neuropsychiatrie (43) dermato-v n r ologie magyarorsz g b rgy gy szat malta dermato-venerejolo ija nederland zenuw en zielsziekten (44) dermatologie en venerologie sterreich neurologie und psychiatrie (45) haut- und geschlechtskrankheiten polska dermatologia i wenerologia portugal dermatovenereologia rom nia dermatovenerologie slovenija dermatovenerologija slovensko neuropsychiatria dermatovenerol gia suomi/finland ihotaudit ja allergologia/hudsjukdomar och allergologi sverige hud- och k nssjukdomar united kingdom dates of repeal within the meaning of article 27(3): radiology child psychiatry minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien psychiatrie, particuli rement en psychiatrie infanto-juv nile/psychiatrie, meer bepaald in de kinder- en jeugdpsychiatrie ' esk republika d tsk a dorostov psychiatrie danmark b rne- og ungdomspsykiatri deutschland radiologie kinder und jugendpsychiatrie und psychotherapie eesti ' ' espa a electroradiolog a (46) france electro-radiologie (47) p dopsychiatrie (52) hrvatska klini ka radiologija dje ja i adolescentna psihijatrija ireland child and adolescent psychiatry italia radiologia (48) neuropsichiatria infantile ' latvija b rnu psihiatrija lietuva vaik ir paaugli psichiatrija luxembourg lectroradiologie (49) psychiatrie infantile magyarorsz g radiol gia gyermek- s ifj s gi pszichi tria malta nederland radiologie (50) sterreich radiologie (51) kinder- und jugendpsychiatrie kinder- und jugendpsychiatrie und psychotherapeutische medizin (53) polska psychiatria dzieci i m odzie y portugal radiologia psiquiatria da inf ncia e da adolesc ncia rom nia psihiatrie pediatric slovenija radiologija otro ka in mladostni ka psihiatrija slovensko detsk psychiatria suomi/finland lastenpsykiatria/barnpsykiatri sverige barn- och ungdomspsykiatri united kingdom child and adolescent psychiatry dates of repeal within the meaning of article 27(3): geriatrics renal diseases minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien g riatrie/geriatrie ' esk republika geriatrie nefrologie danmark intern medicin: geriatric intern medicin: nefrologi deutschland innere medizin und schwerpunkt nephrologie innere medizin und nephrologie (54) eesti nefroloogia espa a geriatr a nefrolog a france n phrologie hrvatska gerijatrija nefrologija ireland geriatric medicine nephrology italia geriatria nefrologia latvija nefrolo ija lietuva geriatrija nefrologija luxembourg g riatrie n phrologie magyarorsz g geri tria nefrol gia malta erjatrija nefrolo ija nederland klinische geriatrie sterreich innere medizin und nephrologie polska geriatria nefrologia portugal nefrologia rom nia geriatrie i gerontologie nefrologie slovenija nefrologija slovensko geriatria nefrol gia suomi/finland geriatria/geriatri nefrologia/nefrologi sverige geriatrik medicinska njursjukdomar (nefrologi) njurmedicin (55) united kingdom geriatric medicine renal medicine communicable diseases community medicine minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien ' ' ' esk republika infek n l ka stv hygiena a epidemiologie danmark intern medicin: infektionsmedicin samfundsmedicin deutschland ffentliches gesundheitswesen eesti infektsioonhaigused i espa a medicina preventiva y salud p blica france sant publique et m decine sociale hrvatska infektologija javnozdravstvena medicina ireland infectious diseases public health medicine italia malattie infettive malattie infettive e tropicali (57) igiene e medicina preventiva ' (58) latvija infektolo ija lietuva infektologija luxembourg maladies contagieuses sant publique magyarorsz g infektol gia megel z orvostan s n peg szs gtan malta mard infettiv sa a pubblika nederland maatschappij en gezondheid sterreich innere medizin und infektiologie sozialmedizin public health (56) polska choroby zaka ne zdrowie publiczne, epidemiologia portugal doen as infecciosas sa de p blica rom nia boli infec ioase s n tate public i management slovenija infektologija javno zdravje slovensko infektol gia verejn zdravotn ctvo suomi/finland infektiosairaudet/infektionssjukdomar terveydenhuolto/h lsov rd sverige infektionssjukdomar socialmedicin united kingdom infectious diseases public health medicine pharmacology occupational medicine minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien m decine du travail/arbeidsgeneeskunde ' ' esk republika klinick farmakologie pracovn l ka stv danmark klinisk farmakologi arbejdsmedicin deutschland pharmakologie und toxikologie arbeitsmedizin eesti espa a farmacolog a cl nica medicina del trabajo france m decine du travail hrvatska klini ka farmakologija s toksikologijom medicina rada i porta ireland clinical pharmacology and therapeutics pharmaceutical medicine (62) occupational medicine italia farmacologia farmacologia e tossicologia clinica (60) medicina del lavoro latvija arodslim bas lietuva darbo medicina luxembourg m decine du travail magyarorsz g klinikai farmakol gia foglalkoz s-orvostan ( zemorvostan) malta farmakolo ija klinika u t-terapewtika medi ina okkupazzjonali nederland arbeid en gezondheid, bedrijfsgeneeskunde arbeid en gezondheid, verzekeringsgeneeskunde sterreich pharmakologie und toxikologie arbeitsmedizin arbeitsmedizin und angewandte physiologie (59) polska farmakologia kliniczna medycyna pracy portugal medicina do trabalho rom nia farmacologie clinic medicina muncii slovenija medicina dela, prometa in porta slovensko klinick farmakol gia pracovn lek rstvo suomi/finland kliininen farmakologia ja l kehoito/klinisk farmakologi och l kemedelsbehandling ty terveyshuolto/f retagsh lsov rd sverige klinisk farmakologi yrkes- och milj medicin arbets- och milj medicin (61) united kingdom clinical pharmacology and therapeutics occupational medicine allergology nuclear medicine minimum period of training: 3 years minimum period of training: 4 years country title title belgique/belgi /belgien m decine nucl aire/nucleaire geneeskunde ' esk republika alergologie a klinick imunologie nukle rn medic na danmark klinisk fysiologi og nuklearmedicin deutschland nuklearmedizin eesti espa a alergolog a medicina nuclear france m decine nucl aire hrvatska alergologija i klini ka imunologija nuklearna medicina ireland italia allergologia ed immunologia clinica medicina nucleare latvija alergolo ija lietuva alergologija ir klinikin imunologija luxembourg m decine nucl aire magyarorsz g allergol gia s klinikai immunol gia nukle ris medicina malta medi ina nukleari nederland allergologie (63) nucleaire geneeskunde sterreich nuklearmedizin polska alergologia medycyna nuklearna portugal imuno-alergologia medicina nuclear rom nia alergologie i imunologie clinic medicin nuclear slovenija nuklearna medicina slovensko klinick imunol gia a alergol gia nukle rna medic na suomi/finland kliininen fysiologia ja isotooppil ketiede/klinisk fysiologi och nukle rmedicin sverige allergisjukdomar nukle rmedicin nuklearmedicin (64) united kingdom nuclear medicine maxillo-facial surgery (basic medical training) biological haematology minimum period of training: 5 years minimum period of training: 4 years country title title belgique/belgi /belgien - esk republika maxilofaci ln chirurgie danmark deutschland eesti espa a cirug a oral y maxilofacial france chirurgie maxillo-faciale et stomatologie h matologie hrvatska maksilofacijalna kirurgija ireland italia chirurgia maxillo-facciale latvija mutes, sejas un ok u irur ija lietuva veido ir andikauli chirurgija luxembourg chirurgie maxillo-faciale h matologie biologique magyarorsz g sz jseb szet (65) malta nederland sterreich mund , kiefer und gesichtschirurgie (66) polska chirurgia szczekowo-twarzowa portugal cirurgia maxilo-facial hematologia clinica rom nia slovenija maxilofacialna kirurgija slovensko maxilofaci lna chirurgia suomi/finland sverige united kingdom dates of repeal within the meaning of article 27(3): stomatology dermatology minimum period of training: 3 years minimum period of training: 4 years country title title belgique/belgi /belgien esk republika danmark deutschland eesti espa a estomatolog a france stomatologie hrvatska ireland dermatology italia odontostomatologia (67) latvija lietuva luxembourg stomatologie magyarorsz g malta dermatolo ija nederland sterreich polska portugal estomatologia rom nia slovenija slovensko suomi/finland sverige united kingdom dermatology venerology tropical medicine minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien esk republika danmark deutschland eesti espa a france hrvatska ireland genito-urinary medicine tropical medicine italia medicina tropicale (69) latvija lietuva luxembourg magyarorsz g tr pusi betegs gek malta medi ina uro- enetali nederland sterreich spezifische prophylaxe und tropenmedizin klinische immunologie und spezifische prophylaxe und tropenmedizin (68) polska medycyna transportu portugal medicina tropical rom nia slovenija slovensko tropick medic na suomi/finland sverige united kingdom genito-urinary medicine tropical medicine gastroenterological surgery accident and emergency medicine minimum period of training: 5 years minimum period of training: 5 years country title title belgique/belgi /belgien chirurgie abdominale/heelkunde op het abdomen (70) a ' esk republika traumatologie urgentn medic na danmark deutschland visceralchirurgie eesti espa a france chirurgie visc rale et digestive hrvatska abdominalna kirurgija hitna medicina ireland emergency medicine italia chirurgia dellapparato digerente (72) medicina demergenza-urgenza (71) latvija lietuva abdominalin chirurgija luxembourg chirurgie gastro-ent rologique magyarorsz g oxyol gia s s rg ss gi orvostan malta medi ina tal-a identi u l-emer enza medi ina tal-emer enza (73) nederland sterreich polska medycyna ratunkowa portugal rom nia medicin de urgen slovenija abdominalna kirurgija urgentna medicina slovensko gastroenterologick chirurgia razov chirurgia urgentn medic na suomi/finland gastroenterologinen kirurgia/gastroenterologisk kirurgi akuuttil ketiede/akutmedicin sverige akutsjukv rd united kingdom emergency medicine clinical neurophysiology dental, oral and maxillo-facial surgery (basic medical and dental training) (74) minimum period of training: 4 years minimum period of training: 4 years country title title belgique/belgi /belgien stomatologie et chirurgie orale et maxillo-faciale/stomatologie en mond-, kaak- en aangezichtschirurgie , - esk republika danmark deutschland mund-, kiefer- und gesichtschirurgie mund-kiefer-gesichtschirurgie (75) eesti (76) espa a neurofisiologia cl nica france hrvatska ireland clinical neurophysiology oral and maxillo-facial surgery italia - - latvija lietuva luxembourg chirurgie dentaire, orale et maxillo-faciale magyarorsz g arc- llcsont-sz jseb szet malta newrofi jolo ija klinika kirur ija tal-g adam tal-wi nederland sterreich mund-, kiefer- und gesichtschirurgie polska portugal rom nia chirurgie oral i maxilo-facial (77) slovenija slovensko suomi/finland kliininen neurofysiologia/klinisk neurofysiologi suu- ja leukakirurgia/oral och maxillofacial kirurgi sverige klinisk neurofysiologi united kingdom clinical neurophysiology oral and maxillo-facial surgery medical oncology medical genetics minimum period of training: 5 years minimum period of training: 4 years country title title belgique/belgi /belgien oncologie m dicale/medische oncologie ' ' esk republika klinick onkologie l ka sk genetika danmark klinisk genetik deutschland humangenetik eesti meditsiinigeneetika espa a oncolog a m dica france oncologie g n tique m dicale hrvatska ireland medical oncology clinical genetics italia oncologia medica genetica medica latvija onkolo ija mijterapija medic nas en tika lietuva chemoterapin onkologija genetika luxembourg oncologie m dicale m decine g n tique magyarorsz g klinikai onkol gia klinikai genetika malta enetika klinika/medika nederland klinische genetica sterreich medizinische genetik polska onkologia kliniczna genetyka kliniczna portugal oncologia m dica gen tica m dica rom nia oncologie medical genetic medical slovenija internisti na onkologija klini na genetika slovensko klinick onkol gia lek rska genetica suomi/finland perinn llisyysl ketiede/medicinsk genetik sverige onkologi klinisk genetik united kingdom medical oncology clinical genetics 5.1.4. evidence of formal qualifications of general practitioners country evidence of formal qualifications professional title reference date belgi /belgique/ belgien bijzondere beroepstitel van huisarts/titre professionnel particulier de m decin g n raliste huisarts/m decin g n raliste 31.12.1994 ' ' - ' 1.1.2007 esk republika diplom o specializaci v eobecn praktick l ka stv v eobecn praktick l ka 1.5.2004 danmark bevis for tilladelse til at betegne sig som speciall ge i almen medicin alment praktiserende l ge/speciall ge i almen medicin 31.12.1994 deutschland zeugnis ber die spezifische ausbildung in der allgemeinmedizin facharzt/fach rztin f r allgemeinmedizin 31.12.1994 eesti residentuuri l petamist t endav tunnistus diplom peremeditsiini erialal perearst 1.5.2004 ' i ' 31.12.1994 espa a t tulo de especialista en medicina familiar y comunitaria especialista en medicina familiar y comunitaria 31.12.1994 france dipl 'mes d tudes sp cialis es de m decine g n rale accompagn s du dipl 'me detat de docteur en m decine m decin qualifi en m decine g n rale 31.12.1994 hrvatska diploma o specijalisti kom usavr avanju specijalist obiteljske medicine 1.7.2013 ireland certificate of specific qualifications in general medical practice general medical practitioner 31.12.1994 italia attestato di formazione specifica in medicina generale diploma di formazione specifica in medicina generale medico di medicina generale 31.12.1994 ' 1.5.2004 latvija imenes rsta sertifik ts imenes (visp r j s prakses) rsts 1.5.2004 lietuva 1. eimos gydytojo rezident ros pa ym jimas eimos medicinos gydytojas 1.5.2004 2. rezident ros pa ym jimas ( eimos gydytojo profesin kvalifikacija) eimos gydytojas luxembourg dipl 'me de formation sp cifique en medicine g n rale m decin g n raliste 31.12.1994 magyarorsz g h ziorvostan szakorvosa bizony tv ny h ziorvostan szakorvosa 1.5.2004 malta tabib tal-familja medi ina tal-familja 1.5.2004 nederland certificaat van inschrijving in een specialistenregister van huisartsen huisarts, verpleeghuisarts en arts voor verstandelijk gehandicapte registratie commissie (hvrc) 31.12.1994 diploma geneeskundig specialist registratiecommissie geneeskundig specialisten (rgs) van de koninklijke nederlandsche maatschappij tot bevordering der geneeskunst (78) sterreich diplom ber die besondere ausbildung in der allgemeinmedizin arzt f r allgemeinmedizin 31.12.1994 polska dyplom uzyskania tytu u specjalisty w dziedzinie medycyny rodzinnej specjalista w dziedzinie medycyny rodzinnej 1.5.2004 portugal t tulo de especialista em medicina geral e familiar especialista em medicina geral e familiar 31.12.1994 rom nia certificat de medic specialist medicin de familie medic specialist medicin de familie 1.1.2007 slovenija potrdilo o opravljenem specialisti nem izpitu iz dru inske medicine specialist dru inske medicine/specialistka dru inske medicine 1.5.2004 slovensko diplom o pecializ cii v odbore v eobecn lek rstvo v eobecn lek r 1.5.2004 suomi/finland todistus yleisl ketieteen erityiskoulutuksesta/bevis om s rskild allm nl karutbildning yleisl ketieteen erityiskoulutuksen suorittanut laillistettu l k ri/legitimerad l kare som har fullgjort s rskild allm nl karutbildning 1.1.1994 sverige bevis om specialistkompetens i allm nmedicin specialist i allm nmedicin 31.12.1994 united kingdom certificate of completion of training general practitioner 31.12.1994 2. point 5.2.2 is replaced by the following: 5.2.2. evidence of formal qualifications of nurses responsible for general care country evidence of formal qualifications body awarding the evidence of qualifications professional title reference date belgi /belgique/belgien diploma gegradueerde verpleger/verpleegster/dipl 'me dinfirmier( re) gradu (e)/diplom eines (einer) graduierten krankenpflegers (-pflegerin) de erkende opleidingsinstituten/les tablissements denseignement reconnus/die anerkannten ausbildungsanstalten hospitalier( re)/verpleegassistent(e) 29.6.1979 de bevoegde examencommissie van de vlaamse gemeenschap/le jury comp tent denseignement de la communaut fran aise/der zust ndige pr fungsausschu der deutschsprachigen gemeinschaft infirmier( re) hospitalier( re)/ziekenhuisverpleger(-verpleegster) diploma in de ziekenhuisverpleegkunde/brevet dinfirmier( re) hospitalier( re)/brevet eines (einer) krankenpflegers (-pflegerin) brevet van verpleegassistent(e)/brevet dhospitalier( re)/brevet einer pflegeassistentin - ' ' 1.1.2007 esk republika 1. diplom o ukon en studia ve studijn m programu o et ovatelstv ve studijn m oboru v eobecn sestra (bakal , bc.) 1. vysok kola z zen nebo uznan st tem v eobecn sestra 1.5.2004 2. diplom o ukon en studia ve studijn m oboru diplomovan v eobecn sestra (diplomovan specialista, dis.), accompanied by the following certificate: vysv d en o absolutoriu 2. vy odborn kola z zen nebo uznan st tem v eobecn o et ovatel danmark bevis for uddannelsen til professionsbachelor i sygepleje professionsh jskole sygeplejerske 29.6.1979 deutschland zeugnis ber die staatliche pr fung in der krankenpflege staatlicher pr fungsausschuss gesundheits- und krankenpflegerin/gesundheits- und krankenpfleger 29.6.1979 eesti 1. diplom e erialal 1. tallinna meditsiinikool tartu meditsiinikool de kohtla-j rve meditsiinikool 1.5.2004 2. e p hikoolituse diplom 2. tallinna tervishoiu k rgkool 3. e p hi pe diplom 3. tartu tervishoiu k rgkool 1. / 1. , 1.1.1981 2. ' ' ( . ..) 2. ' ' ' 3. 3. 4. ' 4. 5. ' 5. 6. 6. ' 7. 7. espa a t tulo de diplomado universitario en enfermer a ministerio de educaci n y cultura enfermero/a diplomado/a 1.1.1986 el rector de una universidad titulo de graduado/a en enfermer a el rector de una universidad graduado/a en enfermer a 1.1.1986 france dipl 'me detat dinfirmier( re) dipl 'me detat dinfirmier( re) d livr en vertu du d cret no 99-1147 du 29 d cembre 1999 le minist re de la sant infirmier( re) 29.6.1979 hrvatska 1. svjedod ba medicinska sestra op e njege/medicinski tehni ar op e njege 1. srednje strukovne kole koje izvode program za stjecanje kvalifikacije medicinska sestra op e njege/medicinski tehni ar op e njege 1. medicinska sestra op e njege/medicinski tehni ar op e njege 1.7.2013 2. svjedod ba prvostupnik (baccalaureus) sestrinstva/prvostupnica (baccalaurea) sestrinstva 2. medicinski fakulteti sveu ili ta u republici hrvatskoj sveu ili ta u republici hrvatskoj veleu ili ta u republici hrvatskoj 2. prvostupnik (baccalaureus) sestrinstva/prvostupnica (baccalaurea) sestrinstva ireland 1. certificate of registered general nurse (79) 1. an b rd altranais (the nursing board) [up to 1 october 2012]; b rd altranais agus cn imhseachais na heireann (the nursing and midwifery board of ireland) [from 2 october 2012] registered general nurse (rgn) 29.6.1979 2. b.sc. in nursing studies (general) approved by the nmbi (80) 2. third-level institution delivering the b.sc. in nursing studies approved by the nmbi [as of september 2002] 3. b.sc. in childrens and general (integrated) nursing approved by the nmbi (80) 3. third-level institution delivering the b.sc. in childrens and general (integrated) nursing approved by the nmbi [as of september 2006] italia 1. diploma di infermiere professionale (82) 1. scuole riconosciute dallo stato (82) 1. infermiere professionale (82) 29.6.1979 2. diploma di laurea in infermieristica (83) 2. universit (83) 2. infermiere (83) 1.5.2004 ( ) bsc in nursing university of nicosia , frederick latvija 1. diploms par m sas kvalifik cijas ieg anu 1. m su skolas m sa 1.5.2004 2. m sas diploms 2. universit tes tipa augstskola pamatojoties uz valsts eks menu komisijas l mumu lietuva 1. auk tojo mokslo diplomas, nurodantis suteikt bendrosios praktikos slaugytojo profesin kvalifikacij 1. universitetas bendrosios praktikos slaugytojas 1.5.2004 2. auk tojo mokslo diplomas (neuniversitetin s studijos), nurodantis suteikt bendrosios praktikos slaugytojo profesin kvalifikacij 2. kolegija 3. bakalauro diplomas (slaugos bakalauro kvalifikacinis laipsnis ir bendrosios praktikos slaugytojo profesin kvalifikacija) 3. universitetas 4. profesinio bakalauro diplomas (slaugos profesinio bakalauro kvalifikacinis laipsnis ir bendrosios praktikos slaugytojo profesin kvalifikacija) 4. kolegija luxembourg dipl 'me detat dinfirmier minist re de l ducation nationale, de la formation professionnelle et des sports infirmier 29.6.1979 dipl 'me detat dinfirmier hospitalier gradu magyarorsz g 1. pol bizony tv ny 1. szakk pz iskola pol 1.5.2004 2. pol oklev l 2. fels oktat si int zm ny 3. okleveles pol oklev l 3. fels oktat si int zm ny malta lawrja jew diploma fl-istudji tal-infermerija universita 'ta malta infermier registrat tal-ewwel livell 1.5.2004 nederland 1. diplomas verpleger a, verpleegster a, verpleegkundige a 1. door een van overheidswege benoemde examencommissie verpleegkundige 29.6.1979 2. diploma verpleegkundige mbov (middelbare beroepsopleiding verpleegkundige) 2. door een van overheidswege benoemde examencommissie 3. diploma verpleegkundige hbov (hogere beroepsopleiding verpleegkundige) 3. door een van overheidswege benoemde examencommissie 4. diploma beroepsonderwijs verpleegkundige kwalificatieniveau 4 4. door een van overheidswege aangewezen opleidingsinstelling 5. diploma hogere beroepsopleiding verpleegkundige kwalificatieniveau 5 5. door een van overheidswege aangewezen opleidingsinstelling sterreich 1. diplom ber die ausbildung in der allgemeinen gesundheits- und krankenpflege 1. schule f r allgemeine gesundheits- und krankenpflege diplomierte gesundheits- und krankenschwester 1.1.1994 2. diplom als diplomierte krankenschwester, diplomierter krankenpfleger 2. allgemeine krankenpflegeschule diplomierter gesundheits- und krankenpfleger 3. diplom ber den abschluss des fachhochschul-bachelorstudiengangs gesundheits- und krankenpflege 3. fachhochschulrat/fachhochschule polska dyplom uko czenia studi w wy szych na kierunku pielgniarstwo z tytu em magister pielgniarstwa instytucja prowadz ca kszta cenie na poziomie wy szym uznana przez w a ciwe w adze pielegniarka 1.5.2004 dyplom uko czenia studi w wy szych zawodowych na kierunku/specjalno ci pielgniarstwo z tytu em licencjat pielgniarstwa portugal 1. diploma do curso de enfermagem geral 1. escolas de enfermagem enfermeiro 1.1.1986 2. diploma/carta de curso de bacharelato em enfermagem 2. escolas superiores de enfermagem 3. diploma/carta de curso de licenciatura em enfermagem 3. escolas superiores de enfermagem; escolas superiores de sa de rom nia 1. diplom de absolvire de asistent medical generalist cu studii superioare de scurt durat 1. universit i asistent medical generalist 1.1.2007 2. diplom de licen de asistent medical generalist cu studii superioare de lung durat 2. universit i 3. certificat de competen e profesionale (de asistent medical generalist) 3. ministerul educa iei na ionale 4. certificat de calificare nivel 5 5. certificat de calificare profesional nivel 5 slovenija diploma, s katero se podeljuje strokovni naslov diplomirana medicinska sestra/diplomirani zdravstvenik 1. univerza diplomirana medicinska sestra/diplomirani zdravstvenik 1.5.2004 2. visoka strokovna ola slovensko 1. diplom o etrovate stvo magister ( mgr. ) 1. vysok kola/univerzita sestra 1.5.2004 2. diplom o etrovate stvo bakal r ( bc. ) 2. vysok kola/univerzita 3. diplom diplomovan v eobecn sestra 3. stredn zdravotn cka kola suomi/finland 1. sairaanhoitajan tutkinto/sjuksk tarexamen 1. terveydenhuolto-oppilaitokset/ h lsov rdsl roanstalter sairaanhoitaja/sjuksk tare 1.1.1994 2. sosiaali- ja terveysalan ammattikorkeakoulututkinto, sairaanhoitaja (amk)/yrkesh gskoleexamen inom h lsov rd och det sociala omr det, sjuksk tare (yh) 2. ammattikorkeakoulut/yrkesh gskolor sverige sjuksk terskeexamen universitet eller h gskola sjuksk terska 1.1.1994 united kingdom a qualification approved by the nursing and midwifery council or one of its predecessor bodies as attesting to the completion of training required for general nurses by article 31 and the standard of proficiency as required for registration as a registered nurse adult in its register (81) education institutions approved by the nursing and midwifery council or one of its predecessor bodies registered nurse adult 29.6.1979 3. points 5.3.2 and 5.3.3 are replaced by the following: 5.3.2. evidence of basic formal qualifications of dental practitioners country evidence of formal qualifications body awarding the evidence of qualifications certificate accompanying the evidence of qualifications professional title reference date belgi /belgique/belgien diploma van tandarts/dipl 'me licenci en science dentaire de universiteiten/les universit s licentiaat in de tandheelkunde/licenci en science dentaire 28.1.1980 de bevoegde examencommissie van de vlaamse gemeenschap/le jury comp tent denseignement de la communaut fran aise - ' - ' ' ' ' 1.1.2007 esk republika diplom o ukon en studia ve studijn m programu zubn l ka stv (doktor zubn ho l ka stv , mddr.) l ka sk fakulta univerzity v esk republice zubn l ka 1.5.2004 danmark bevis for kandidatuddannelsen i odontologi (cand.odont.) universitet styrelsen for patientsikkerhed 1. autorisation som tandl ge, udstedt af sundhedsstyrelsen 2. tilladelse til selvst ndig virke som tandl ge tandl ge 28.1.1980 deutschland zeugnis ber die zahn rztliche pr fung zust ndige beh rden zahnarzt 28.1.1980 eesti hambaarstikraad degree in dentistry (dd) diplom hambaarstiteaduse ppekava l bimise kohta tartu likool hambaarst 1.5.2004 ' ' ' 1.1.1981 espa a t tulo de licenciado en odontolog a el rector de una universidad licenciado en odontolog a 1.1.1986 t tulo de graduado/a en odontolog a el rector de una universidad graduado/a en odontolog a 1.1.1986 france dipl 'me detat de docteur en chirurgie dentaire universit s chirurgien-dentiste 28.1.1980 hrvatska diploma doktor dentalne medicine/doktorica dentalne medicine fakulteti sveu ili ta u republici hrvatskoj doktor dentalne medicine/doktorica dentalne medicine 1.7.2013 ireland bachelor in dental science (b.dent.sc.) universities dentist 28.1.1980 bachelor of dental surgery (bds) royal college of surgeons in ireland dental practitioner licentiate in dental surgery (lds) dental surgeon italia diploma di laurea in odontoiatria e protesi dentaria universit diploma di abilitazione allesercizio della professione di odontoiatra odontoiatra 28.1.1980 ' ' ' 1.5.2004 latvija zob rsta diploms universit tes tipa augstskola sertifik ts kompetentas iest des izsniegts dokuments, kas apliecina, ka persona ir nok rtojusi sertifik cijas eks menu zob rstniec b zob rsts 1.5.2004 lietuva 1. auk tojo mokslo diplomas, nurodantis suteikt gydytojo odontologo kvalifikacij universitetas 1. internat ros pa ym jimas, nurodantis suteikt gydytojo odontologo profesin kvalifikacij gydytojas odontologas 1.5.2004 2. magistro diplomas (odontologijos magistro kvalifikacinis laipsnis ir gydytojo odontologo kvalifikacija) 2. internat ros pa ym jimas (gydytojo odontologo profesin kvalifikacija) luxembourg dipl 'me detat de docteur en m decine dentaire jury dexamen detat m decin-dentiste 28.1.1980 magyarorsz g okleveles fogorvos doktor oklev l (doctor medicinae dentariae, dr. med. dent) egyetem fogorvos 1.5.2004 malta lawrja fil- kirur ija dentali universita' ta malta kirurgu dentali 1.5.2004 nederland universitair getuigschrift van een met goed gevolg afgelegd tandartsexamen faculteit tandheelkunde tandarts 28.1.1980 sterreich bescheid ber die verleihung des akademischen grades doktor der zahnheilkunde medizinische universit t zahnarzt 1.1.1994 medizinische fakult t der universit t polska dyplom uko czenia studi w wy szych na kierunku lekarsko-dentystycznym lekarskim z tytu em lekarz dentysta szko y wy sze wiadectwo z o enia lekarsko dentystycznego egzaminu pa stwowego (84) (86)/ wiadectwo z o enia lekarsko-dentystycznego egzaminu ko cowego (85) (86) lekarz dentysta 1.5.2004 portugal carta de curso de licenciatura em medicina dent ria faculdades institutos superiores m dico dentista 1.1.1986 mestrado integrado em medicina dent ria 24.3.2006 rom nia diplom de licen de medic dentist universit i medic dentist 1.10.2003 diploma de licen i master (87) ministerul educa iei na ionale (87) doctor-medic stomatology (88) slovenija diploma, s katero se podeljuje strokovni naslov doktor dentalne medicine/doktorica dentalne medicine univerza potrdilo o opravljenem strokovnem izpitu za poklic doktor dentalne medicine/doktorica dentalne medicine doktor dentalne medicine/doktorica dentalne medicine 1.5.2004 slovensko diplom zubn lek rstvo doktor zubn ho lek rstva ( mddr. ) univerzita zubn lek r 1.5.2004 suomi/finland hammasl ketieteen lisensiaatin tutkinto/odontologie licentiatexamen helsingin yliopisto/helsingfors universitet sosiaali- ja terveysalan lupa- ja valvontaviraston p t s k yt nn n palvelun hyv ksymisest /beslut av tillst nds- och tillsynsverket f r social- och h lsov rden om godk nnande av prakisk tj nstg ring hammasl k ri/tandl kare 1.1.1994 oulun yliopisto it -suomen yliopisto turun yliopisto sverige tandl karexamen universitet eller h gskola bevis om legitimation som tandl kare, utf rdat av socialstyrelsen tandl kare 1.1.1994 united kingdom bachelor of dental surgery (bds or b.ch.d.) universities dentist 28.1.1980 licentiate in dental surgery royal colleges dental practitioner dental surgeon 5.3.3. evidence of formal qualifications of specialised dentists oral surgery country evidence of formal qualifications body awarding the evidence of qualifications reference date belgi /belgique/belgien ' ' ' ' 1.1.2007 esk republika diplom o specializaci (v oboru or ln a maxilofaci ln chirurgie) 1. institut postgradu ln ho vzd l v n ve zdravotnictv 2. ministerstvo zdravotnictv 19.7.2007 danmark bevis for tilladelse til at betegne sig som specialtandl ge i tand-, mund- og k bekirurgi sundhedsstyrelsen styrelsen for patientsikkerhed 28.1.1980 deutschland fachzahn rztliche anerkennung f r oralchirurgie/mundchirurgie landeszahn rztekammer 28.1.1980 eesti ' ' (up to 31.12.2002) ' 1.1.2003 espa a france dipl 'me d tudes sp cialis es de chirurgie orale universit s 31.3.2011 hrvatska ireland certificate of specialist dentist in oral surgery competent authority recognised for this purpose by the competent minister 28.1.1980 italia diploma di specialista in chirurgia orale universit 21.5.2005 ' ' ' 1.5.2004 latvija lietuva 1. rezident ros pa ym jimas, nurodantis suteikt burnos chirurgo profesin kvalifikacij 2. rezident ros pa ym jimas (burnos chirurgo profesin kvalifikacija) universitetas 1.5.2004 luxembourg magyarorsz g dento-alveol ris seb szet szakorvosa bizony tv ny nemzeti vizsgabizotts g 1.5.2004 malta ertifikat ta spe jalista dentali fil-kirur ija tal- alq kumitat ta approvazzjoni dwar spe jalisti 1.5.2004 nederland bewijs van inschrijving als kaakchirurg in het specialistenregister registratiecommissie tandheelkundige specialismen (rts) van de koninklijke nederlandse maatschappij tot bevordering der tandheelkunde 28.1.1980 sterreich polska dyplom uzyskania tytu u specjalisty w dziedzinie chirurgii stomatologicznej centrum egzamin w medycznych 1.5.2004 portugal t tulo de especialista em cirurgia oral ordem dos m dicos dentistas (omd) 4.6.2008 rom nia certificatul de specialist n chirurgie dento-alveolar ministerul s n t ii 17.12.2008 slovenija potrdilo o opravljenem specialisti nem izpitu iz oralne kirurgije 1. ministrstvo za zdravje 2. zdravni ka zbornica slovenije 1.5.2004 slovensko diplom o pecializ cii v pecializa nom odbore maxilofaci lna chirurgia slovensk zdravotn cka univerzita univerzita pavla jozefa af rika v ko iciach 17.12.2008 suomi/finland erikoishammasl k rin tutkinto, suu-ja leukakirurgia/specialtandl karexamen, oral och maxillofacial kirurgi yliopisto 1.1.1994 sverige bevis om specialistkompetens i oral kirurgi socialstyrelsen 1.1.1994 united kingdom certificate of completion of specialist training in oral surgery competent authority recognised for this purpose 28.1.1980 orthodontics country evidence of formal qualifications body awarding the evidence of qualifications reference date belgi /belgique/belgien titre professionnel particulier de dentiste sp cialiste en orthodontie/bijzondere beroepstitel van tandarts specialist in de orthodontie ministre de la sant publique/minister bevoegd voor volksgezondheid 27.1.2005 ' ' ' ' ' 1.1.2007 esk republika diplom o specializaci (v oboru ortodoncie) 1. institut postgradu ln ho vzd l v n ve zdravotnictv 2. ministerstvo zdravotnictv 19.7.2007 danmark bevis for tilladelse til at betegne sig som specialtandl ge i ortodonti sundhedsstyrelsen styrelsen for patientsikkerhed 28.1.1980 deutschland fachzahn rztliche anerkennung f r kieferorthop die landeszahn rztekammer 28.1.1980 eesti residentuuri l putunnistus ortodontia erialal ortodontia residentuuri l petamist t endav tunnistus tartu likool 1.5.2004 ' ' ' ' 1.1.1981 espa a france titre de sp cialiste en orthodontie conseil national de lordre des chirurgiens dentistes 28.1.1980 hrvatska ireland certificate of specialist dentist in orthodontics competent authority recognised for this purpose by the competent minister 28.1.1980 italia diploma di specialista in ortognatodonzia universit 21.5.2005 ' ' ' ' 1.5.2004 latvija sertifik ts kompetentas iest des izsniegts dokuments, kas apliecina, ka persona ir nok rtojusi sertifik cijas eks menu ortodontij latvijas rstu biedr ba 1.5.2004 lietuva 1. rezident ros pa ym jimas, nurodantis suteikt gydytojo ortodonto profesin kvalifikacij 2. rezident ros pa ym jimas (gydytojo ortodonto profesin kvalifikacija) universitetas 1.5.2004 luxembourg magyarorsz g fogszab lyoz s szakorvosa bizony tv ny nemzeti vizsgabizotts g 1.5.2004 malta ertifikat ta spe jalista dentali fl-ortodonzja kumitat ta approvazzjoni dwar spe jalisti 1.5.2004 nederland bewijs van inschrijving als orthodontist in het specialistenregister registratiecommissie tandheelkundige specialismen (rts) van de koninklijke nederlandse maatschappij tot bevordering der tandheelkunde 28.1.1980 sterreich polska dyplom uzyskania tytu u specjalisty w dziedzinie ortodoncji centrum egzamin w medycznych 1.5.2004 portugal t tulo de especialista em ortodontia ordem dos m dicos dentistas (omd) 4.6.2008 rom nia certificatul de specialist n ortodon ie i ortopedie dento-facial ministerul s n t ii 17.12.2008 slovenija potrdilo o opravljenem specialisti nem izpitu iz eljustne in zobne ortopedije 1. ministrstvo za zdravje 2. zdravni ka zbornica slovenije 1.5.2004 slovensko diplom o pecializ cii v pecializa nom odbore e ustn ortop dia slovensk zdravotn cka univerzita 17.12.2008 suomi/finland erikoishammasl k rin tutkinto, hampaiston oikomishoito/specialtand-l karexamen, tandreglering yliopisto 1.1.1994 sverige bevis om specialistkompetens i ortodonti socialstyrelsen 1.1.1994 united kingdom certificate of completion of specialist training in orthodontics competent authority recognised for this purpose 28.1.1980. 4. point 5.4.2 is replaced by the following: 5.4.2. evidence of formal qualifications of veterinary surgeons country evidence of formal qualifications body awarding the evidence of qualifications certificate accompanying the evidence of qualifications reference date belgi /belgique/belgien diploma van dierenarts/dipl 'me de docteur en m decine v t rinaire de universiteiten/les universit s de bevoegde examencommissie van de vlaamse gemeenschap/le jury comp tent denseignement de la communaut fran aise 21.12.1980 - ' 1.1.2007 ' , ' esk republika diplom o ukon en studia ve studijn m programu veterin rn l ka stv (doktor veterin rn medic ny, mvdr.) diplom o ukon en studia ve studijn m programu veterin rn hygiena a ekologie (doktor veterin rn medic ny, mvdr.) veterin rn fakulta univerzity v esk republice 1.5.2004 danmark bevis for kandidatuddannelsen i veterin rmedicin (cand.med.vet.) k benhavns universitet 21.12.1980 deutschland zeugnis ber das ergebnis des dritten abschnitts der tier rztlichen pr fung und das gesamtergebnis der tier rztlichen pr fung der vorsitzende des pr fungsausschusses f r die tier rztliche pr fung einer universit t oder hochschule 21.12.1980 zeugnis ber das ergebnis der tier rztlichen pr fung und das gesamtergebnis der tier rztlichen pr fung 1.1.2006 eesti diplom: t itnud veterinaarmeditsiini ppekava eesti p llumajandus likool 1.5.2004 loomaarstikraad degree in veterinary medicine (dvm) eesti maa likool 1. 2. 1.1.1981 espa a t tulo de licenciado en veterinaria ministerio de educaci n y cultura 1.1.1986 el rector de una universidad t tulo de graduado/a en veterinaria el rector de una universidad 1.1.1986 france dipl 'me detat de docteur v t rinaire linstitut denseignement sup rieur et de recherche en alimentation, sant animale, sciences agronomiques et de lenvironnement (vet agro sup); lecole nationale v t rinaire, agroalimentaire et de lalimentation, nantes-atlantique (oniris); lecole nationale v t rinaire dalfort; lecole nationale v t rinaire de toulouse. 21.12.1980 hrvatska diploma doktor veterinarske medicine/doktorica veterinarske medicine veterinarski fakultet sveu ili ta u zagrebu 1.7.2013 ireland diploma of bachelor in/of veterinary medicine (mvb) diploma of membership of the royal college of veterinary surgeons (mrcvs) 21.12.1980 italia diploma di laurea in medicina veterinaria universit diploma di abilitazione allesercizio della medicina veterinaria 1.1.1985 1.5.2004 latvija veterin r rsta diploms latvijas lauksaimniec bas universit te 1.5.2004 lietuva 1. auk tojo mokslo diplomas (veterinarijos gydytojo (dvm)) 1. lietuvos veterinarijos akademija 1.5.2004 2. magistro diplomas (veterinarin s medicinos magistro kvalifikacinis laipsnis ir veterinarijos gydytojo profesin kvalifikacija) 2. lietuvos sveikatos moksl universitetas luxembourg dipl 'me detat de docteur en m decine v t rinaire jury dexamen detat 21.12.1980 magyarorsz g okleveles llatorvos doktor oklev l (dr. vet) fels oktat si int zm ny 1.5.2004 malta li enzja ta kirurgu veterinarju kunsill tal-kirur i veterinarji 1.5.2004 nederland getuigschrift van met goed gevolg afgelegd diergeneeskundig/veeartsenijkundig examen 21.12.1980 sterreich diplom-tierarzt magister medicinae veterinariae universit t 1.1.1994 polska dyplom lekarza weterynarii 1. szko a g wna gospodarstwa wiejskiego w warszawie 1.5.2004 2. akademia rolnicza we wroc awiu (89) 3. uniwersytet przyrodniczy we wroc awiu (90) 4. akademia rolnicza w lublinie (91) 5. uniwersytet przyrodniczy w lublinie (92) 6. uniwersytet warmi sko-mazurski w olsztynie 7. uniwersytet przyrodniczy w poznaniu (94) 8. uniwersytet rolniczy im. hugona ko taja w krakowie oraz uniwersytet jagiello ski w krakowie (95) portugal carta de curso de licenciatura em medicina veterin ria carta de mestrado integrado em medicina veterin ria universidade 1.1.1986 rom nia diplom de licen de doctor medic veterinar universit i ministerul educatiei nationale (93) 1.1.2007 slovenija diploma, s katero se podeljuje strokovni naslov doktor veterinarske medicine/doktorica veterinarske medicine univerza spri evalo o opravljenem dr avnem izpitu s podro ja veterinarstva 1.5.2004 slovensko vysoko kolsk diplom o udelen akademick ho titulu doktor veterin rskeho lek rstva ( mvdr. ) univerzita 1.5.2004 suomi/finland el inl ketieteen lisensiaatin tutkinto/veterin rmedicine licentiatexamen yliopisto 1.1.1994 sverige veterin rexamen sveriges lantbruksuniversitet 1.1.1994 united kingdom 1. bachelor of veterinary science (bvsc) 1. university of bristol 21.12.1980 2. bachelor of veterinary science (bvsc) 2. university of liverpool 3. bachelor of veterinary medicine (vet mb) 3. university of cambridge 4. bachelor of veterinary medicine and surgery (bvm&s) 4. university of edinburgh 5. bachelor of veterinary medicine and surgery (bvms) 5. university of glasgow 6. bachelor of veterinary medicine (bvetmed) 6. university of london 7. bachelor of veterinary medicine and bachelor of veterinary surgery (b.v.m., b.v.s.) 7. university of nottingham 5. point 5.5.2 is replaced by the following: 5.5.2 evidence of formal qualifications of midwives country evidence of formal qualifications body awarding the evidence of qualifications professional title reference date belgi /belgique/belgien diploma van vroedvrouw/dipl 'me daccoucheuse de erkende opleidingsinstituten/les tablissements denseignement de bevoegde examencommissie van de vlaamse gemeenschap/le jury comp tent denseignement de la communaut fran aise vroedvrouw/ accoucheuse 23.1.1983 - a 1.1.2007 esk republika 1. diplom o ukon en studia ve studijn m programu o et ovatelstv ve studijn m oboru porodn asistentka (bakal , bc.) 1. vysok kola z zen nebo uznan st tem porodn asistentka/porodn asistent 1.5.2004 2. diplom o ukon en studia ve studijn m programu porodn asistence ve studijn m oboru porodn asistentka (bakal , bc.) 2. vysok kola z zen nebo uznan st tem 3. diplom o ukon en studia ve studijn m oboru diplomovan porodn asistentka (diplomovan specialista, dis.) 3. vy odborn kola z zen nebo uznan st tem danmark bevis for uddannelsen til professionsbachelor i jordemoderkundskab professionsh jskole jordemoder 23.1.1983 deutschland zeugnis ber die staatliche pr fung f r hebammen und entbindungspfleger staatlicher pr fungsausschuss hebamme entbindungspfleger 23.1.1983 eesti diplom mmaemanda erialal tallinna meditsiinikool mmaemand 1.5.2004 tartu meditsiinikool mmaemanda diplom tallinna tervishoiu k rgkool tartu tervishoiu k rgkool 1. ' ' ( . ..) 1. ' ' ( . ..) 23.1.1983 2. . ( ) 2. ' 3. 3. espa a t tulo de matrona ministerio de educaci n y cultura matrona 1.1.1986 t tulo de asistente obst trico (matrona) asistente obst trico t tulo de enfermer a obst trica-ginecol gica france dipl 'me de sage-femme letat sage-femme 23.1.1983 hrvatska svjedod ba prvostupnik (baccalaureus) primaljstva/sveu ili na prvostupnica (baccalaurea) primaljstva medicinski fakulteti sveu ili ta u republici hrvatskoj prvostupnik (baccalaureus) primaljstva/prvostupnica (baccalaurea) primaljstva 1.7.2013 sveu ili ta u republici hrvatskoj veleu ili ta i visoke kole u republici hrvatskoj ireland 1. certificate in midwifery (96) 1. an b rd altranais (the nursing board) [up to 1 october 2012]; b rd altranais agus cn imhseachais na heireann (the nursing and midwifery board of ireland, nmbi) [from 2 october 2012]. registered midwife (rm) 23.1.1983 2. b.sc. in midwifery approved by the nmbi (97) 2. a third-level institution delivering a midwifery education programme approved by the nmbi 3. higher/postgraduate diploma in midwifery approved by the nmbi (97) 3. third-level institution delivering higher/postgraduate diploma in midwifery approved by the nmbi italia 1. diploma dostetrica (99) 1. scuole riconosciute dallo stato (99) ostetrica (99) 23.1.1983 2. laurea in ostetricia (100) 2. universit (100) 1.5.2004 latvija diploms par vecm tes kvalifik cijas ieg anu m su skolas vecm te 1.5.2004 lietuva 1. auk tojo mokslo diplomas, nurodantis suteikt bendrosios praktikos slaugytojo profesin kvalifikacij , ir profesin s kvalifikacijos pa ym jimas, nurodantis suteikt aku erio profesin kvalifikacij pa ym jimas, liudijantis aku erio profesin praktik 1. universitetas aku eris 1.5.2004 2. auk tojo mokslo diplomas (neuniversitetin s studijos), nurodantis suteikt bendrosios praktikos slaugytojo profesin kvalifikacij , ir profesin s kvalifikacijos pa ym jimas, nurodantis suteikt aku erio profesin kvalifikacij pa ym jimas, liudijantis aku erio profesin praktik 2. kolegija 3. auk tojo mokslo diplomas (neuniversitetin s studijos), nurodantis suteikt aku erio profesin kvalifikacij 3. kolegija 4. bakalauro diplomas (slaugos bakalauro kvalifikacinis laipsnis ir bendrosios praktikos augytojo profesin kvalifikacija) ir profesin s kvalifikacijos pa ym jimas (aku erio profesin kvalifikacija) 4. universitetas 5. profesinio bakalauro diplomas (slaugos profesinio bakalauro kvalifikacinis laipsnis ir bendrosios praktikos slaugytojo profesin kvalifikacija) ir profesin s kvalifikacijos pa ym jimas (aku erio profesin kvalifikacija) 5. kolegija 6. profesinio bakalauro diplomas (aku erijos profesinio bakalauro kvalifikacinis laipsnis ir aku erio profesin kvalifikacija) 6. kolegija luxembourg dipl 'me de sage-femme minist re de l ducation nationale, de la formation professionnelle et des sports sage-femme 23.1.1983 magyarorsz g 1. sz l szn bizony tv ny 1. iskola/f iskola sz l szn 1.5.2004 2. sz l szn oklev l 2. fels oktat si int zm ny malta lawrja jew diploma fl- istudji tal-qwiebel universita' ta malta qabla 1.5.2004 nederland diploma van verloskundige door het ministerie van volksgezondheid, welzijn en sport erkende opleidings-instellingen verloskundige 23.1.1983 sterreich 1. hebammen-diplom 1. hebammenakademie bundeshebammenlehranstalt hebamme 1.1.1994 2. diplom ber den abschluss des fachhochschul-bachelorstudiengangs hebamme 2. fachhochschulrat polska dyplom uko czenia studi w wy szych na kierunku po o nictwo z tytu em magister po o nictwa dyplom uko czenia studi w wy szych zawodowych na kierunku/specjalno ci po o nictwo z tytu em licencjat po o nictwa instytucja prowadz ca kszta cenie na poziomie wy szym uznana przez w a ciwe w adze (higher education institution recognised by the competent authorities) po o na 1.5.2004 portugal 1. diploma de enfermeiro especialista em enfermagem de sa de materna e obst trica 1. ecolas de enfermagem enfermeiro especialista em enfermagem de sa de materna e obst trica 1.1.1986 2. diploma/carta de curso de estudos superiores especializados em enfermagem de sa de materna e obst trica 2. escolas superiores de enfermagem 3. diploma (do curso de p s-licenciatura) de especializa o em enfermagem de sa de materna e obst trica 3. escolas superiores de enfermagem escolas superiores de sa de rom nia diplom de licen de moa universit i moa 1.1.2007 slovenija diploma, s katero se podeljuje strokovni naslov diplomirana babica/diplomirani babi ar 1. univerza 2. visoka strokovna ola diplomirana babica/diplomirani babi ar 1.5.2004 slovensko 1. diplom p 'rodn asistencia bakal r ( bc. ) 1. vysok kola/univerzita p 'rodn asistentka 1.5.2004 2. diplom diplomovan p 'rodn asistentka 2. stredn zdravotn cka kola suomi/finland 1. k til n tutkinto/barnmorskeexamen 1. terveydenhuoltooppi-laitokset/h lsov rdsl roanstalter k til /barnmorska 1.1.1994 2. sosiaali- ja terveysalan ammattikorkeakoulututkinto, k til (amk)/yrkesh gskoleexamen inom h lsov rd och det sociala omr det, barnmorska (yh) 2. ammattikorkeakoulut/yrkesh gskolor sverige barnmorskeexamen universitet eller h gskola barnmorska 1.1.1994 united kingdom a qualification approved by the nursing and midwifery council or its predecessor bodies as attesting to the completion of training as required for midwives by article 40 and the standard of proficiency as required for registration as a registered midwife in its register (98) education institution approved by the nursing and midwifery council or its predecessor bodies registered midwife 23.1.1983 6. point 5.6.2 is replaced by the following: 5.6.2. evidence of formal qualifications of pharmacists country evidence of formal qualifications body awarding the evidence of qualifications certificate accompanying the evidence of qualifications reference date belgi /belgique/belgien diploma van apotheker/dipl 'me de pharmacien de universiteiten/les universities de bevoegde examencommissie van de vlaamse gemeenschap/le jury comp tent denseignement de la communaut fran aise 1.10.1987 - - 1.1.2007 esk republika diplom o ukon en studia ve studijn m programu farmacie (magistr, mgr.) farmaceutick fakulta univerzity v esk republice 1.5.2004 danmark bevis for kandidatuddannelsen i farmaci (cand.pharm.) det farmaceutiske fakultet, k benhavns universitet 1.10.1987 bevis for kandidatuddannelsen i farmaci (cand.pharm.) syddansk universitet deutschland zeugnis ber die staatliche pharmazeutische pr fung zust ndige beh rden 1.10.1987 eesti diplom proviisori ppekava l bimisest farmaatsiamagister master of science in pharmacy (msc) tartu likool 1.5.2004 ' ' 1.10.1987 espa a t tulo de licenciado en farmacia ministerio de educaci n y cultura 1.10.1987 el rector de una universidad t tulo de graduado/a en farmacia el rector de una universidad 1.1.1986 france dipl 'me detat de pharmacien dipl 'me detat de docteur en pharmacie universit s 1.10.1987 hrvatska diploma magistar farmacije/magistra farmacije farmaceutsko-biokemijski fakultet sveu ili ta u zagrebu medicinski fakultet sveu ili ta u splitu kemijsko-tehnolo ki fakultet sveu ili ta u splitu 1.7.2013 ireland 1. certificate of registered pharmaceutical chemist (101) certificate of registration as a pharmacist (101) 1. cumann c gaiseoir na heireann (pharmaceutical society of ireland) 1.10.1987 2. a degree in pharmacy recognised by the pharmaceutical society of ireland (102) 2. universities delivering degrees in pharmacy recognised by the pharmaceutical society of ireland 2. notification from the pharmaceutical society of ireland that the person named therein is the holder of a qualification appropriate for practicing as a pharmacist italia diploma o certificato di abilitazione allesercizio della professione di farmacista ottenuto in seguito ad un esame di stato universit 1.11.1993 1.5.2004 latvija farmaceita diploms universit tes tipa augstskola 1.5.2004 lietuva 1. auk tojo mokslo diplomas, nurodantis suteikt vaistininko profesin kvalifikacij 2. magistro diplomas (farmacijos magistro kvalifikacinis laipsnis ir vaistininko profesin kvalifikacija) universitetas 1.5.2004 luxembourg dipl 'me detat de pharmacien jury dexamen detat + visa du ministre de l ducation nationale 1.10.1987 magyarorsz g okleveles gy gyszer sz oklev l (magister pharmaciae, abbrev: mag. pharm) egyetem 1.5.2004 malta lawrja fil-farma ija universita' ta malta 1.5.2004 nederland getuigschrift van met goed gevolg afgelegd apothekersexamen faculteit farmacie 1.10.1987 sterreich staatliches apothekerdiplom sterreichische apothekerkammer 1.10.1994 polska dyplom uko czenia studi w wy szych na kierunku farmacja z tytu em magistra 1. akademia medyczna 2. uniwersytet medyczny 3. collegium medicum uniwersytetu jagiello skiego 1.5.2004 portugal licenciatura em farm cia carta de curso de licenciatura em ci ncias farmac uticas institui o de ensino superior universit rio 1.10.1987 mestrado integrado em ci ncias farmac uticas 1.1.2007 rom nia diplom de licen de farmacist diploma de licen i master (105) universit i ministerul educa iei nationale 1.1.2007 slovenija diploma, s katero se podeljuje strokovni naziv magister farmacije/magistra farmacije univerza potrdilo o opravljenem strokovnem izpitu za poklic magister farmacije/magistra farmacije 1.5.2004 slovensko diplom farm cia magister ( mgr. ) univerzita 1.5.2004 suomi/finland proviisorin tutkinto/provisorexamen yliopisto 1.10.1994 sverige apotekarexamen universitet och h gskolor 1.10.1994 united kingdom 1. certificate of registered pharmacist (103) 1.10.1987 2. a degree in pharmacy approved by either the general pharmaceutical council (formerly royal pharmaceutical society of great britain) or the pharmaceutical society of northern ireland (104) universities delivering pharmacy degrees approved by the general pharmaceutical council (formerly royal pharmaceutical society of great britain) or the pharmaceutical society of northern ireland notification from the general pharmaceutical council or pharmaceutical society of northern ireland confirming successful completion of the approved pharmacy degree, 12 months practical training and a pass of the registration assessment. 7. point 5.7.1 is replaced by the following: 5.7.1. evidence of formal qualifications of architects recognised pursuant to article 46 country evidence of formal qualifications body awarding the evidence of qualifications certificate accompanying the evidence of qualifications reference academic year belgi /belgique/belgien 1. architect/architecte 1. nationale hogescholen voor architectuur/ecoles nationales sup rieures darchitecture certificat de stage d livr par lordre des architectes/stagegetuigschrift afgeleverd door de orde van architecten 1988/1989 2. architect/architecte 2. hogere-architectuur-instituten/instituts sup rieurs darchitecture 3. architect/architecte 3. provinciaal hoger instituut voor architectuur te hasselt/ecole provinciale sup rieure darchitecture de hasselt 4. architect/architecte 4. koninklijke academies voor schone kunsten/acad mies royales des beaux-arts 5. architect/architecte 5. sint-lucasscholen/ecoles saint-luc 6. burgerlijke ingenieur-architect/ing nieur civil architecte 6. faculteiten toegepaste wetenschappen van de universiteiten/facult s des sciences appliqu es des universit s facult polytechnique van mons 7. burgerlijk ingenieur- architect (ir. arch.) 7. k.u. leuven, faculteit ingenieurswetenschappen 2004/2005 8. burgerlijk ingenieur- architect (ir. arch.) 8. vrije universiteit brussel, faculteit ingenieurswetenschappen 2004/2005 9. master ing nieur civil architecte, finalit sp cialis e 9. facult polytechnique de mons 2008/2009 - a , ' , ' , ' ' , ' ' , ' 2010/2011 ' , , 2007/2008 , 2009/2010 esk republika architektura a urbanismus fakulta architektury, esk vysok u en technick ( vut) v praze osv d en o spln n kvalifika n ch po adavk pro samostatn v kon profese architekta vydan eskou komorou architekt 2007/2008 vysok u en technick v brn , fakulta architektury in en r architekt (ing.arch.) technick univerzita v liberci, fakulta um n a architektury magistr um n v oboru architektura (mga.) vysok kola um leckopr myslov v praze magistr um n v oboru architektonick tvorba, mga akademie v tvarn ch um n v praze 2007/2008 danmark bevis for kandidatuddannelsen i arkitektur (cand.arch.) kunstakademiets arkitektskole i k benhavn 1988/1989 arkitektskolen i rhus deutschland diplom-ingenieur, universit ten (architektur/hochbau) bescheinigung einer zust ndigen architektenkammer ber die erf llung der qualifikationsvoraussetzungen im hinblick auf eine eintragung in die architektenliste 1988/1989 diplom-ingenieur univ. technische hochschulen (architektur/hochbau) technische universit ten (architektur/hochbau) universit ten-gesamthochschulen (architektur/hochbau) hochschulen f r bildende k nste hochschulen f r k nste diplom-ingenieur, diplom-ingenieur fh fachhochschulen (architektur/hochbau) universit ten-gesamthochschulen (architektur/hochbau) bei entsprechenden fachhochschulstudieng ngen master of arts m.a. hochschule bremen university of applied sciences, fakult t architektur, bau und umwelt school of architecture bremen 2003/2004 fachhochschule m nster (university of applied sciences) muenster school of architecture 2000/2001 georg-simon-ohm-hochschule n rnberg fakult t architektur 2005/2006 hochschule anhalt (university of applied sciences) fachbereich architektur, facility management und geoinformation 2010/2011 hochschule regensburg (university of applied sciences), fakult t f r architektur 2007/2008 technische universit t m nchen, fakult t f r architektur 2009/2010 hochschule lausitz, studiengang architektur, fakult t f r bauen seit juli 2013: brandenburgische technische universit t cottbus-senftenberg 2009/2010 fachhochschule l beck, university of applied sciences, fachbereich bauwesen 2004/2005 fachhochschule f r technik und wirtschaft dresden, fakult t bauingenieurwesen/architektur 2005/2006 fachhochschule erfurt/university of applied sciences 2006/2007 hochschule augsburg/augsburg university of applied sciences 2005/2006 hochschule koblenz, fachbereich bauwesen 2004/2005 hochschule m nchen/fakult t f r architektur 2005/2006 hochschule f r technik stuttgart, fakult t architektur und gestaltung 2005/2006 srh hochschule heidelberg 2013/2014 staatliche akademie der bildenden k nste stuttgart, fachbereich architektur 2006/2007 hochschule konstanz technik, wirtschaft und gestaltung (htwg) 2014/2015 master of arts (in kombination mit einem bachelorabschluss in architektur) hochschule trier fachbereich gestaltung fachrichtung architektur 2007/2008 master of engineering (in kombination mit einem bachelorabschluss in engineering) technische hochschule mittelhessen (university of applied sciences) fachbereich bauwesen 2010/2011 bachelor of arts b.a. hochschule anhalt (university of applied sciences) fachbereich architektur, facility management und geoinformation 2010/2011 technische universit t m nchen, fakult t f r architektur 2009/2010 alanus hochschule f r kunst und gesellschaft, bonn 2007/2008 hochschule konstanz technik, wirtschaft und gestaltung (htwg) 2014/2015 bachelor of sciences (b.sc.) hochschule bochum, fachbereich architektur 2003/2004 universit t stuttgart, fakult t 1: architektur und stadtplanung 2009/2010 master of science leibniz universit t hannover, fakult t f r architektur und landschaft 2011/2012 fachhochschule aachen, fachbereich architektur 2009/2010 master of science (m.sc.) in kombination mit dem bachelor of science (b.sc.) bauhaus-universit t weimar 2005/2006 bauhaus-universit t weimar, fakult t architektur 2008/2009 bauhaus-universit t weimar, fakult t architektur und urbanistik 2013/2014 eesti arhitektuurimagister eesti kunstiakadeemia 2006/2007 ( ), ' ( ) ' 1988/1989 ( ), , 2003/2004 , , 1999/2000 , , 1999/2000 , 2004/2005 espa a t tulo oficial de arquitecto rectores de las universidades enumeradas a continuaci n: 1988/1989 universidad polit cnica de catalu a, escuelas t cnicas superiores de arquitectura de barcelona o del vall s universidad polit cnica de madrid, escuela t cnica superior de arquitectura de madrid escuela de arquitectura de la universidad de las palmas de gran canaria universidad polit cnica de valencia, escuela t cnica superior de arquitectura de valencia universidad de sevilla, escuela t cnica superior de arquitectura de sevilla universidad de valladolid, escuela t cnica superior de arquitectura de valladolid universidad de santiago de compostela, escuela t cnica superior de arquitectura de la coru a universidad del pa s vasco, escuela t cnica superior de arquitectura de san sebasti n universidad de navarra, escuela t cnica superior de arquitectura de pamplona universidad de a coru a 1991/1992 universidad de granada, escuela t cnica superior de arquitectura de granada. 1994/1995 universidad de alicante, escuela polit cnica superior de alicante 1997/1998 universidad europea de madrid 1998/1999 universidad ram n llull, escuela t cnica superior de arquitectura de la salle universidad polit cnica de catalu a, escuela t cnica superior de arquitectura de barcelona 1999/2000 universidad alfonso x el sabio, centro polit cnico superior de villanueva de la ca ada universidad de alcal (escuela de arquitectura) universidad internacional de catalu a, escuela t cnica superior de arquitectura universidad s.e.k. de segovia, centro de estudios integrados de arquitectura de segovia universidad camilo jos cela de madrid 2000/2001 universidad san pablo ceu 2001/2002 universidad ceu cardenal herrera, valencia-escuela superior de ense anzas t cnicas 2002/2003 universidad rovira i virgili 2005/2006 universidad de m laga. escuela t cnica superior de arquitectura universidad de girona. escuela polit cnica superior universidad pontificia de salamanca universidad francisco de vitoria 2006/2007 ie universidad. escuela t cnica superior de estudios integrados de arquitectura 2009/2010 t tulo de graduado/a en arquitectura ie universidad, escuela t cnica superior de estudios integrados de arquitectura 2008/2009 universidad de zaragoza. escuela de ingenier a y arquitectura universidad europea de madrid 2009/2010 universitat internacional de catalunya universidad san jorge (zaragoza) universidad de navarra universidad de girona. escuela polit cnica superior universitat ramon llull, la salle universidad san pablo ceu madrid 2010/2011 universitat polit cnica de val ncia universidad de a coru a. escuela t cnica superior de arquitectura de a coru a universidad rovira i virgili universidad cardenal herrera ceu universidad francisco de vitoria universidad de m laga. escuela t cnica superior de arquitectura universidad de las palmas de gran canaria. escuela de arquitectura universidad de castilla la mancha. escuela de arquitectura universidad camilo jos cela de madrid universidad de alicante, escuela polit cnica superior de alicante universidad de sevilla, escuela t cnica superior de arquitectura de sevilla universitat polit cnica de catalunya graduado en fundamentos de la arquitectura + m ster en arquitectura universidad polit cnica de madrid. escuela t cnica superior de arquitectura de madrid 2010/2011 universidad antonio de nebrija 2011/2012 universidad de zaragoza, escuela de ingenier a y arquitectura escuela t cnica superior de arquitectura universidad del pais vasco/euskal herriko unibertsitatea universidad europea de madrid universidad polit cnica de valencia. escuela t cnica superior de arquitectura 2014/2015 universidad de alicante, escuela polit cnica superior de alicante universidad de alcal de henares. escuela polit cnica de alcal de henares 2015/2016 universidad de a coru a. escuela t cnica superior de arquitectura de a coru a universidad cardenal herrera ceu 2016/2017 universidad europea de valencia 2013/2014 universidad europea de canarias 2012/2013 france 1. dipl 'me darchitecte dplg, y compris dans le cadre de la formation professionnelle continue et de la promotion sociale. 1. le ministre charg de larchitecture 1988/1989 2. dipl 'me darchitecte esa 2. ecole sp ciale darchitecture de paris 3. dipl 'me darchitecte ensais 3. ecole nationale sup rieure des arts et industries de strasbourg, section architecture 4. dipl 'me detat darchitecte (dea) 4. ecole nationale sup rieure darchitecture et de paysage de bordeaux (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) habilitation de larchitecte dipl 'm detat lexercice de la ma trise d uvre en son nom propre (hmonp) (minist re charg de larchitecture) 2005/2006 ecole nationale sup rieure darchitecture de bretagne (minist re charg de larchitecture et minist re charg de lenseignement sup rieur 2005/2006 ecole nationale sup rieure darchitecture de clermont-ferrand (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de grenoble (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture et de paysage de lille (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de lyon (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de marne la vall e (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de marseille (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2005/2006 ecole nationale sup rieure darchitecture de montpellier (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de nancy (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de nantes (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2005/2006 ecole nationale sup rieure darchitecture de normandie (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de paris-belleville (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2005/2006 ecole nationale sup rieure darchitecture de paris-la villette (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2006/2007 ecole nationale sup rieure darchitecture de paris malaquais (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2005/2006 ecole nationale sup rieure darchitecture de paris val-de-seine (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de saint-etienne (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de strasbourg (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2005/2006 ecole nationale sup rieure darchitecture de toulouse (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 ecole nationale sup rieure darchitecture de versailles (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2004/2005 dipl 'me detat darchitecte (dea), dans le cadre de la formation professionnelle continue ecole nationale sup rieure darchitecture de lyon (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2006/2007 ecole nationale sup rieure darchitecture de marseille (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2006/2007 ecole nationale sup rieure darchitecture de montpellier (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2006/2007 ecole nationale sup rieure darchitecture de nantes (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2006/2007 ecole nationale sup rieure darchitecture de strasbourg (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) 2006/2007 5. dipl 'me d tudes de l cole sp ciale darchitecture grade 2 quivalent au dipl 'me detat darchitecte 5. ecole sp ciale darchitecture (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) dipl 'me darchitecte de lesa habilitant exercer la maitrise d uvre en son nom propre, quivalent lhabilitation de larchitecte dipl 'm detat lexercice de la ma trise d uvre en son nom propre, reconnu par le minist re charg de larchitecture 2006/2007 6. dipl 'me darchitecte insa de strasbourg quivalent au dipl 'me detat darchitecte conf rant le grade de master (parcours architecte) 6. institut national des sciences appliqu es de strasbourg (insa) (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) habilitation de larchitecte de linsa exercer la ma trise d uvre en son nom propre quivalent lhmonp, reconnue par le minist re charg de larchitecture 2005/2006 dipl 'me darchitecte insa de strasbourg quivalent au dipl 'me detat darchitecte conf rant le grade de master (parcours darchitecte pour ing nieur) institut national des sciences appliqu es de strasbourg (insa) (minist re charg de larchitecture et minist re charg de lenseignement sup rieur) habilitation de larchitecte de linsa exercer la ma trise d uvre en son nom propre quivalent lhmonp, d livr e par le minist re charg de larchitecture 2005/2006 hrvatska magistar/magistrica in enjer/in enjerka arhitekture i urbanizma sveu ili te u zagrebu, arhitektonski fakultet diploma; dopunska isprava o studiju; potvrda hka da podnositelj zahtjeva ispunjava kvalifikacijske uvjete 2005/2006 magistar/magistra in enjer/in enjerka arhitekture sveu ili teu splitu gakultet gra evinarstva, arhitekture i geodezije potvrda hrvatske komore arhitekata da podnositelj zahtjeva zadovoljava uvijete za upis u komoru. 2016/2017 ireland 1. degree of bachelor of architecture (b.arch. nui) 1. national university of ireland to architecture graduates of university college dublin certificate of fulfilment of qualifications requirements for professional recognition as an architect in ireland issued by the royal institute of architects of ireland (riai) 1988/1989 2. degree of bachelor of architecture (b.arch.) (previously, until 2002 degree standard diploma in architecture (dip. arch)) 2. dublin institute of technology, bolton street, dublin (college of technology, bolton street, dublin) 3. certificate of associateship (ariai) 3. royal institute of architects of ireland 4. certificate of membership (mriai) 4. royal institute of architects of ireland 5. degree of bachelor of architecture (honours) (b.arch. (hons) ul) 5. university of limerick 2005/2006 6. degree of bachelor of architecture (honours) (b.arch. (hons) wit) 6. waterford institute of technology 2005/2006 italia (106) laurea in architettura universit di camerino diploma di abilitazione allesercizio indipendente della professione che viene rilasciato dal ministero della pubblica istruzione (ora ministero dellistruzione, delluniversit e della ricerca) dopo che il candidato ha sostenuto con esito positivo lesame di stato davanti ad una commissione competente 1988/1989 universit di catania sede di siracusa universit di chieti universit di ferrara universit di firenze universit di genova universit di napoli federico ii universit di napoli ii universit di palermo universit di parma universit di reggio calabria universit di roma la sapienza universit di roma iii universit di trieste politecnico di bari politecnico di milano politecnico di torino istituto universitario di architettura di venezia universit degli studi mediterranea di reggio calabria 2000/2001 laurea in ingegneria edile architettura universit dellaquila 1998/1999 universit di pavia universit di roma la sapienza laurea specialistica in ingegneria edile architettura universit dellaquila 2000/2001 universit di pavia universit di roma la sapienza universit di ancona universit di basilicata potenza universit di pisa universit di bologna universit di catania universit di genova universit di palermo universit di napoli federico ii universit di roma tor vergata universit di trento politecnico di bari politecnico di milano universit degli studi di brescia 2001/2002 universit degli studi di cagliari universit politecnica delle marche 2002/2003 universit degli studi della calabria 2003/2004 universit degli studi di salerno 2005/2006 laurea magistrale in ingegneria edile architettura universit dellaquila 2004/2005 universit di pavia universit di roma la sapienza universit di pisa universit di bologna universit di catania universit di genova universit di palermo universit di napoli federico ii universit di roma tor vergata universit di trento politecnico di bari politecnico di milano universit degli studi di salerno 2010/2011 universit degli studi della calabria 2004/2005 universit degli studi di brescia 2004/2005 universit politecnica delle marche 2004/2005 universit degli studi di perugia 2006/2007 universit degli studi di padova 2008/2009 universit degli studi di genova 2014/2015 laurea specialistica quinquennale in architettura prima facolt di architettura delluniversit di roma la sapienza 1998/1999 universit di ferrara 1999/2000 universit di genova universit di palermo politecnico di milano politecnico di bari universit di firenze 2001/2002 laurea magistrale quinquennale in architettura prima facolt di architettura delluniversit di roma la sapienza 2004/2005 universit di ferrara universit di genova universit di palermo politecnico di bari universit di firenze politecnico di milano laurea specialistica in architettura (progettazione architettonica) universit di roma tre 2001/2002 universit degli studi di napoli federico ii 2005/2006 laurea magistrale in architettura (progettazione architettonica) universit di roma tre 2004/2005 laurea specialistica in architettura universit di napoli ii 2001/2002 politecnico di milano ii facolt di architettura delluniversit degli studi g. dannunzio di chieti-pescara facolt di architettura, pianificazione e ambiente del politecnico di milano facolt di architettura delluniversit degli studi di trieste facolt di architettura di siracusa, universit di catania facolt di architettura, universit degli studi di parma facolt di architettura, universit di bologna universit iuav di venezia 2002/2003 politecnico di torino facolt di architettura valle giulia, universit degli studi di roma la sapienza 2004/2005 universit degli studi di camerino universit di napoli federico ii universit degli studi mediterranea di reggio calabria universit degli studi di sassari 2005/2006 laurea specialistica in architettura (progettazione urbanistica) universit degli studi mediterranea di reggio calabria 2005/2006 laurea specialistica in progettazione dellarchitettura universit di firenze 2001/2002 laurea magistrale in architettura politecnico di milano ii 2004/2005 universit di napoli ii universit di napoli federico ii facolt di architettura delluniversit degli studi g. dannunzio di chieti-pescara facolt di architettura, pianificazione e ambiente del politecnico di milano universit iuav di venezia facolt di architettura, universit di bologna facolt di architettura di siracusa, universit di catania facolt di architettura, universit degli studi di parma facolt di architettura delluniversit degli studi di trieste universit degli studi di trieste 2014/2015 universit degli studi di camerino 2006/2007 universit degli studi di enna kore 2004/2005 universit degli studi di firenze 2008/2009 universit degli studi di cagliari universit degli studi di udine 2009/2010 universit degli studi mediterranea di reggio calabria universit degli studi di sassari 2010/2011 universit degli studi della basilicata universit degli studi di genova 2014/2015 laurea specialistica in architettura -progettazione architettonica e urbana facolt ludovico quaroni delluniversit degli studi la sapienza di roma 2000/2001 laurea magistrale in architettura -progettazione architettonica e urbana facolt ludovico quaroni delluniversit degli studi la sapienza di roma 2004/2005 laurea specialistica in architettura (progettazione urbana) universit di roma tre 2001/2002 laurea magistrale in architettura (progettazione urbana) universit di roma tre 2004/2005 laurea specialistica in architettura (progettazione urbana e territoriale) politecnico di torino 2002/2003 laurea specialistica in architettura (architettura delle costruzioni) politecnico di milano (facolt di architettura civile) 2001/2002 laurea magistrale in architettura (architettura delle costruzioni) politecnico di milano (facolt di architettura civile) 2004/2005 laurea specialistica architettura delle costruzioni universit degli studi di cagliari 2005/2006 laurea specialistica in architettura (restauro) facolt di architettura di valle giulia delluniversit degli studi la sapienza di roma 2004/2005 universit degli studi di roma tre facolt di architettura 2001/2002 universit degli studi di napoli federico ii 2005/2006 laurea magistrale in architettura (restauro) facolt di architettura di valle giulia delluniversit degli studi la sapienza di roma 2004/2005 universit degli studi di roma tre facolt di architettura 2009/2010 universit degli studi di napoli federico ii 2004/2005 laurea specialista in architettura (costruzione) politecnico di torino 2002/2003 laurea specialistica in architettura (restauro e valorizzazione) politecnico di torino 2005/2006 laurea specialistica in architettura (ambiente e paesaggio) politecnico di torino 2005/2006 laurea specialistica in architettura (nuove qualit delle costruzioni e dei contesti) universit degli studi della campania luigi vanvitelli (seconda universit degli studi di napoli) (107) 2007/2008 laurea magistrale in architettura e ingegneria edile universit degli studi della campania luigi vanvitelli (seconda universit degli studi di napoli) (107) 2009/2010 laurea magistrale in architettura e progetto dellambiente urbano universit degli studi della campania luigi vanvitelli (seconda universit degli studi di napoli) (107) 2009/2010 laurea magistrale in architettura progettazione degli interni e per lautonomia universit degli studi della campania luigi vanvitelli (seconda universit degli studi di napoli) (107) 2011/2012 laurea magistrale in architettura progettazione architettonica universit degli studi di napoli federico ii 2004/2005 politecnico di torino 2013/2014 laurea magistrale in architettura e citt , valutazione e progetto universit degli studi di napoli federico ii 2004/2005 laurea specialistica in architettura e citt , valutazione e progetto universit degli studi di napoli federico ii 2007/2008 laurea magistrale in architettura arredamento e progetto universit degli studi di napoli federico ii 2008/2009 laurea magistrale in architettura manutenzione e gestione universit degli studi di napoli federico ii 2008/2009 laurea magistrale in architettura costruzione citt politecnico di torino 2010/2011 laurea magistrale in architettura per il progetto sostenibile politecnico di torino 2010/2011 laurea magistrale in architettura per il restauro e la valorizzazione del patrimonio politecnico di torino 2010/2011 laurea magistrale architettura per la sostenibilit politecnico di torino 2010/2011 laurea magistrale architettura per lambiente costruito politecnico di torino 2010/2011 laurea magistrale in architettura e culture del progetto universit iuav di venezia 2013/2014 laurea magistrale in architettura e innovazione universit iuav di venezia 2013/2014 laurea magistrale in architettura per il nuovo e lantico universit iuav di venezia 2013/2014 laurea magistrale in architettura restauro universit degli studi mediterranea di reggio calabria 2013/2014 ' ' ( ) ' 2005/2006 professional diploma in architecture university of nicosia 2006/2007 (5 ) frederick university, , frederick 2008/2009 (5 ) frederick university, , frederick 2008/2009 (5 ) frederick university, , frederick 2014/2015 latvija arhitekta diploms r gas tehnisk universit te latvijas arhitektu savien bas sertific anas centra arhitekta prakses sertifik ts 2007/2008 lietuva bakalauro diplomas (architekt ros bakalauras) kauno technologijos universitetas architekto kvalifikacijos atestatas (atestuotas architektas) 2007/2008 vilniaus gedimino technikos universitetas vilniaus dail s akademija magistro diplomas (architekt ros magistras) kauno technologijos universitetas vilniaus gedimino technikos universitetas vilniaus dail s akademija magyarorsz g okleveles pit szm rn k msc budapesti m szaki s gazdas gtudom nyi egyetem pit szm rn ki kar a ter leti illet kes p t szkamara hat s gi bizony tv nya a szakmagyakorl si jogosults gr l. 2007/2008 okleveles pit szm rn k sz chenyi istv n egyetem, gy r m szaki tudom nyi kar 2007/2008 okleveles p t szm rn k p csi tudom nyegyetem pollack mih ly m szaki kar 2007/2008 malta degree in bachelor of engineering and architecture (hons) universita ta malta warrant btitlu ta perit mahrug mill-bord tal-warrant 2007/2008 nederland 1. het getuigschrift van het met goed gevolg afgelegde doctoraal examen van de studierichting bouwkunde, afstudeerrichting architectuur 1. technische universiteit te delft verklaring van de stichting bureau architectenregister die bevestigt dat de opleiding voldoet aan de normen van artikel 46. as of 2014/2015: verklaring van bureau architectenregister die bevestigt dat aan de eisen voor de beroepskwalificatie van architect is voldaan 1988/1989 2. het getuigschrift van het met goed gevolg afgelegde doctoraal examen van de studierichting bouwkunde, differentiatie architectuur en urbanistiek 2. technische universiteit te eindhoven 3. het getuigschrift hoger beroepsonderwijs, op grond van het met goed gevolg afgelegde examen verbonden aan de opleiding van de tweede fase voor beroepen op het terrein van de architectuur, afgegeven door de betrokken examencommissies van respectievelijk: 1988/1989 de amsterdamse hogeschool voor de kunsten te amsterdam de hogeschool rotterdam en omstreken te rotterdam de hogeschool katholieke leergangen te tilburg de hogeschool voor de kunsten te arnhem de rijkshogeschool groningen te groningen de hogeschool maastricht te maastricht 4. master of science in architecture, urbanism & building sciences variant architecture 4. technische universiteit delft faculteit bouwkunde 2003/2004 master of science in architecture, building and planning (specialisatie: architecture) technische universiteit eindhoven 2002/2003 master of architecture artez hogeschool voor de kunsten/artez academie van bouwkunst 2003/2004 amsterdamse hogeschool van de kunsten/academie van bouwkunst amsterdam 2003/2004 hanze hogeschool groningen/academie van bouwkunst groningen 2003/2004 hogeschool rotterdam/rotterdamse academie van bouwkunst 2003/2004 fontys hogeschool voor de kunsten/academie voor architectuur en stedenbouw in tilburg 2003/2004 sterreich 1. diplom-ingenieur, dipl.-ing. 1. technische universit t graz (erzherzog-johann-universit t graz) bescheinigung des bundesministers f r wissenschaft, forschung und wirtschaft ber die erf llung der voraussetzung f r die eintragung in die architektenkammer/bescheinigung einer bezirksverwaltungsbeh rde ber die ausbildung oder bef higung, die zur aus bung des baumeistergewerbes (berechtigung f r hochbauplanung) berechtigt 1998/1999 2. diplom-ingenieur, dipl.-ing. 2. technische universit t wien 3. diplom-ingenieur, dipl.-ing. 3. universit t innsbruck (leopold-franzens-universit t innsbruck) 4. magister der architektur, magister architecturae, mag. arch. 4. universit t f r angewandte kunst in wien 5. magister der architektur, magister architecturae, mag. arch. 5. akademie der bildenden k nste in wien 6. magister der architektur, magister architecturae, mag. arch. 6. universit t f r k nstlerische und industrielle gestaltung in linz 7. bachelor of science in engineering (bsc) (aufgrund eines bachelorstudiums), diplom-ingenieur/in (dipl.-ing. oder di) f r technisch-wissenschaftlich berufe (aufgrund eines bachelor- und eines masterstudiums entspricht msc) 7. fachhochschule k rnten 2004/2005 8. diplom-ingenieur, dipl.-ing. 8. universit t innsbruck (leopold-franzens- universit t innsbruck) 2008/2009 9. diplom-ingenieur, dipl.-ing. 9. technische universit t graz (erzherzog-johann- universit t graz) 2008/2009 10. diplom-ingenieur, dipl.-ing. 10. technische universit t wien 2006/2007 11. master of architecture (march) (aufgrund eines bachelor- und eines masterstudiums entspricht msc) 11. universit t f r k nstlerische und industrielle gestaltung linz 2008/2009 11. akademie der bildenden k nste wien 2008/2009 12. masterstudium der architektur 12. universit t f r angewandte kunst wien 2011/2012 13. ba-studiengang bauplanung u. bauwirtschaft studienzweig architektur u. ma-studiengang architektur 13. fachhochschule joanneum graz 2015/2016 14. bachelorstudiengang green building und masterstudiengang architektur green building 14. fachhochschule campus wien 2016/2017 polska magister in ynier architekt (mgr in . arch.) politechnika bia ostocka za wiadczenie o cz onkostwie w okrgowej izbie architekt w/za wiadczenie krajowej rady izby architekt w rp potwierdzaj ce posiadanie kwalifikacji do wykonywania zawodu architekta zgodnych z wymaganiami wynikaj cymi z przepis w prawa unii europejskiej osoby nie bd cej cz onkiem izby 2007/2008 politechnika gda ska politechnika dzka politechnika l ska zachodniopomorski uniwersytet technologiczny w szczecinie politechnika warszawska politechnika krakowska politechnika wroc awska krakowska akademia im. andrzeja frycza modrzewskiego 2003/2004 dyplom uko czenia studi w wy szych potwierdzaj cy uzyskanie tytu u zawodowego magistra in yniera architekta wy sza szko a ekologii i zarz dzania w warszawie 2011/2012 politechnika lubelska 2008/2009 uniwersytet techniczno-przyrodniczy im. jana i jdrzeja niadeckich w bydgoszczy 2011/2012 politechnika pozna ska 2007/2008 uniwersytet zielonog rski 2008/2009 dyplom studi w wy szych potwierdzaj cy uzyskanie tytu u zawodowego magistra in yniera architekta politechnika witokrzyska 2012/2013 portugal carta de curso de licenciatura em arquitectura faculdade de arquitectura da universidade t cnica de lisboa certificado de cumprimento dos pr -requisitos de qualifica o para inscri o na ordem dos arquitectos, emitido pela competente ordem dos arquitectos 1988/1989 faculdade de arquitectura da universidade do porto escola superior art stica do porto faculdade de ci ncias e tecnologia da universidade de coimbra universidade lus ada de lisboa 1986/1987 faculdade de arquitectura e artes da universidade lus ada de vila nova de famalic o 1993/1994 universidade lus fona de humanidades e tecnologia 1995/1996 instituto superior manuel teixeira gomes 1997/1998 universidade do minho 1997/1998 instituto superior t cnico da universidade t cnica de lisboa 1998/1999 iscte-instituto universit rio de lisboa 1998/1999 carta de curso de licenciatura em arquitectura e urbanismo escola superior gallaecia 2002/2003 para os cursos iniciados a partir do ano acad mico de 1991/1992 faculdade de arquitectura e artes da universidade lus ada do porto 1991/1992 mestrado integrado em arquitectura universidade aut noma de lisboa 2001/2002 universidade t cnica de lisboa (instituto superior t cnico) 2001/2002 carta de curso de mestrado integrado em arquitectura universidade do minho 1997/1998 iscte-instituto universit rio de lisboa 1999/2000 universidade lus ada de vila nova de famalic o 2006/2007 universidade lus fona de humanidades e tecnologias 1995/1996 faculdade de arquitectura da universidade t cnica de lisboa 2008/2009 universidade de vora 2007/2008 escola superior art stica do porto (esap) 1988/1989 (licenciatura) 2007/2008 (mestrado) instituto superior manuel teixeira gomes 2006/2007 universidade lus ada do porto 2006/2007 carta de curso de mestrado integrado em arquitectura e urbanismo universidade fernando pessoa 2006/2007 esg/escola superior gallaecia 2002/2003 diploma de mestre em arquitectura universidade lus ada de lisboa 1988/1989 carta de curso, grau de licenciado universidade de vora 2001/2002 carta de curso de mestre em arquitectura universidade do porto 2003/2004 certid o de licenciatura em arquitectura universidade cat lica portuguesa centro regional das beiras 2001/2002 diploma de mestrado integrado em arquitectura universidade cat lica portuguesa centro regional das beiras 2001/2002 rom nia diploma de arhitect universitatea de arhitectur i urbanism ion mincu certificat de dob ndire a dreptului de semn tur si de nscriere n tabloul na ional al arhitec ilor 2010/2011 universitatea politehnic din timi oara 2011/2012 universitatea tehnic din cluj napoca 2010/2011 universitatea tehnic gheorghe asachi din ia i 2007/2008 universitatea spiru haret facultatea de arhitectur 2009/2010 diploma de licen i master universitatea de arhitectur i urbanism ion mincu 2011/2012 universitatea politehnic din timi oara universitatea tehnic din cluj napoca universitatea tehnic gheorghe asachi din ia i universitatea spiru haret facultatea de arhitectur slovenija magister in enir arhitekture/magistrica in enirka arhitekture univerza v ljubljani, fakulteta za arhitekturo potrdilo zbornice za arhitekturo in prostor o usposobljenosti za opravljanje nalog odgovornega projektanta arhitekture 2007/2008 diploma o pridobljeni magistrski izobrazbi 2. stopnje univerza v mariboru; fakulteta za gradbeni tvo, prometno in enirstvo in arhitekturo slovensko diplom in iniera architekta (titul ing. arch.) slovensk technick univerzita v bratislave, fakulta architekt ry, tudijn odbor 5.1.1 architekt ra a urbanizmus certifik t vydan slovenskou komorou architektov na z klade 3-ro nej praxe pod doh adom a vykonania autoriza nej sk ky 2007/2008 technick univerzita v ko iciach, fakulta umen , tudijn odbor 5.1.1 architekt ra a urbanizmus 2004/2005 diplom magistra umen (titul mgr. art.) vysok kola v tvarn ch umen v bratislave, tudijn odbor 2.2.7 architektonick tvorba 2007/2008 suomi/finland arkkitehdin tutkinto/arkitektexamen teknillinen korkeakoulu/tekniska h gskolan (helsinki) 1998/1999 tampereen teknillinen korkeakoulu/tammerfors tekniska h gskola oulun yliopisto/ule borgs universitet aalto-yliopisto/aalto- universitetet tampereen teknillinen yliopisto/tammerfors tekniska universitet oulun yliopisto 2010/2011 tampereen teknillinen yliopisto 2010/2011 aalto-yliopisto/aalto-universitetet 2010/2011 sverige arkitektexamen chalmers tekniska h gskola ab 1998/1999 kungliga tekniska h gskolan lunds universitet ume universitet 2009/2010 united kingdom 1. diplomas in architecture 1. universities certificate of architectural education, issued by the architects registration board. the diploma and degree courses in architecture of the universities, schools and colleges of art should have met the requisite threshold standards as laid down in article 46 of this directive and in criteria for validation published by the validation panel of the royal institute of british architects and the architects registration board. eu nationals who possess the royal institute of british architects part i and part ii certificates, which are recognised by arb as the competent authority, are eligible. also eu nationals who do not possess the arb-recognised part i and part ii certificates will be eligible for the certificate of architectural education if they can satisfy the board that their standard and length of education has met the requisite threshold standards of article 46 of this directive and of the criteria for validation. an architects registration board part 3 certificate of architectural education 1988/1989 colleges of art schools of art cardiff university 2006/2007 university for the creative arts 2008/2009 birmingham city university 2008/2009 university of nottingham 2008/2009 2. degrees in architecture 2. universities 1988/1989 3. final examination 3. architectural association final examination (arb/riba part 2) architectural association 2011/2012 4. examination in architecture 4. royal college of art 5. examination part ii 5. royal institute of british architects 6. master of architecture 6. university of liverpool 2006/2007 cardiff university 2006/2007 university of plymouth 2007/2008 queens university, belfast 2009/2010 northumbria university 2009/2010 university of brighton 2010/2011 birmingham city university 2010/2011 university of kent 2006/2007 university of ulster 2008/2009 university of edinburgh/edinburgh school of architecture and landscape architecture 2009/2010 leeds metropolitan university 2011/2012 leeds beckett university (until 2014 leeds metropolitan university) 2014/2015 university of newcastle upon tyne 2011/2012 university of lincoln 2011/2012 university of huddersfield 2012/2013 university of the west of england 2011/2012 university of westminster 2011/2012 university for the creative arts 2013/2014 university of central lancashire 2014/2015 7. graduate diploma in architecture 7. university college london 2006/2007 8. professional diploma in architecture 8. university of east london 2007/2008 northumbria university 2008/2009 9. graduate diploma in architecture/march architecture 9. university college london 2008/2009 10. postgraduate diploma in architecture 10. leeds metropolitan university 2007/2008 university of edinburgh 2008/2009 sheffield hallam university 2009/2010 11. march architecture (arb/riba part 2) 11. university college london 2011/2012 university of nottingham 2013/2014 university of east london 2013/2014 12. master of architecture (march) 12. liverpool john moores university 2011/2012 de montfort university 2011/2012 arts university bournemouth 2011/2012 nottingham trent university 2012/2013 13. postgraduate diploma in architecture and architectural conservation 13. university of edinburgh 2008/2009 14. postgraduate diploma in architecture and urban design 14. university of edinburgh 2008/2009 15. mphil in environmental design in architecture (option b) 15. university of cambridge 2009/2010 mphil in architecture and urban design university of cambridge 2013/2014 16. professional diploma in architecture: advanced environmental and energy studies 16. university of east london/centre for alternative technology 2008/2009 17. marchd in applied design in architecture 17. oxford brookes university 2011/2012 18. march 18. university of portsmouth 2011/2012 19. master of architecture (international) 19. university of huddersfield 2012/2013 20. master of architecture with honours 20. cardiff university 2015/2016 21. march (architecture) 21. kingston university 2013/2014 22. march in architecture 22. university of greenwich 2013/2014 23. the degree of master of architecture in the college of humanities and social science 23. university of edinburgh/edinburgh school of architecture and landscape architecture 2012/2013 24. m.arch 24. sheffield hallam university 2013/2014 25. march architecture 25. university of the arts london is the awarding body and the march architecture is offered by central saint martins 2015/2016 26. march: master of architecture 26. london south bank university 2015/2016 27. master of architecture with urban planning 27. university of dundee 2015/2016 28. march architecture: collaborative practice 28. university of sheffield 2015/2016 (1) until 2012. (2) as of 2013. (3) until 1 october 2017, the evidence of formal qualifications should also be accompanied by a certificate of completion of a postgraduate internship ( sta podyplomowy ). (4) as of 2011. (5) as of january 2013. (6) as of june 2015. (7) as of february 2015. (8) as of 1991/1992. (9) as of june 2015. (10) as of july 2011. (11) as of june 2015. (12) as of may 2006. (13) as of june 2015. (14) as of 3 november 2015. (15) as of september 2008. (16) as of may 2015. (17) as of 2006. (18) as of 2012. (19) as of june 2015. (20) as of june 2015. (21) date of repeal within the meaning of article 27(3): 30 december 1994. (22) until 2012. (23) date of repeal within the meaning of article 27(3): 4 april 2000. (24) as of may 2006. (25) as of june 2015. (26) date of repeal within the meaning of article 27(3): 3 june 2015. (27) date of repeal within the meaning of article 27(3): 30 december 1994. (28) as of may 2015. (29) date of repeal within the meaning of article 27(3): 1 january 1983. (30) as of june 2015. (31) date of repeal within the meaning of article 27(3): 14 june 2017. (32) date of repeal within the meaning of article 27(3): 1 january 1983. (33) until 14 september 2010. (34) as of october 2009. (35) as of june 2015. (36) as of october 2009. (37) as of october 2009. (38) as of february 2015. (39) as of september 2008. (40) 1 august 1987 except for persons having commenced training prior to that date (41) 31 december 1971 (42) 31 october 1999 (43) evidence of qualifications is no longer awarded for training commenced after 5 march 1982 (44) 9 july 1984 (45) 31 march 2004. (46) 1 february 1984 (47) 3 december 1971 (48) 31 october 1993 (49) evidence of qualifications is no longer awarded for training commenced after 5 march 1982 (50) 8 july 1984 (51) 31 march 2004 (52) 1 january 1991. (53) as of june 2015. (54) as of october 2009. (55) as of may 2015. (56) as of june 2015. (57) as of february 2015. (58) date of repeal within the meaning of article 27(3): 8 december 2016. (59) as of june 2015. (60) as of february 2015. (61) as of september 2008. (62) as of july 2017. (63) date of repeal within the meaning of article 27(3): 12 august 1996. (64) as of september 2008. (65) 30 september 2007 (66) 28 february 2013. (67) date of repeal within the meaning of article 27(3): 31 december 1994. (68) as of june 2015. (69) date of repeal within the meaning of article 27(3): 3 june 2015. (70) date of repeal within the meaning of article 27(3): 1 january 1983. (71) as of 17 february 2006. (72) date of repeal within the meaning of article 27(3): 3 june 2015. (73) as of 21 november 2003. (74) training leading to the award of evidence of formal qualifications as a specialist in dental, oral and maxillo-facial surgery (basic medical and dental training) assumes completion and validation of basic medical studies (article 24) and, in addition, completion and validation of basic dental studies (article 34). (75) as of 2006. (76) as of 10 july 2014. (77) as of 2009. (78) as of january 2013 (79) this evidence of formal qualification entitles the holder to automatic recognition when it is issued to the nationals of member states who obtained qualification in ireland. (80) this information on the evidence of qualifications was included to ensure that graduates trained in ireland would be entitled to automatic recognition without the need for actual registration in ireland, such registration not being part of the qualification process. (81) this information on the evidence of qualifications replaces previous entries for the uk in order to ensure that graduates trained in the united kingdom would be entitled to automatic recognition of their qualification without the need for actual registration, such registration not being part of the qualification process. (82) valid until 2001. (83) as of 2001/2002. (84) until 2012. (85) as of 2013. (86) until 1 october 2016, the evidence of formal qualifications should also be accompanied by a certificate of completion of the postgraduate internship ( sta podyplomowy ). (87) as of 1 october 2011. (88) as of 1 september 2017. (89) valid until 22 november 2006. (90) as of 23 november 2006. (91) valid until 10 april 2008. (92) as of 11 april 2008. (93) as of 10 january 2011. (94) as of 1 october 2011. (95) as of 1 october 2012. (96) this evidence of formal qualification entitles the holder to automatic recognition when it is issued to the nationals of member states who obtained qualification in ireland. (97) this information on the evidence of qualifications was included to ensure that graduates trained in ireland would be entitled to automatic recognition without the need for actual registration in ireland, such registration not being part of the qualification process. (98) this information on the evidence of qualifications was included to ensure that graduates trained in the united kingdom would be entitled to automatic recognition of their qualification without the need for actual registration, such registration not being part of the qualification process. (99) valid until 2001. (100) as of 2001/2002. (101) this evidence of formal qualification entitles the holder to automatic recognition when it is issued to the nationals of member states who obtained qualification in ireland. (102) this information on the evidence of qualifications was included to ensure that graduates trained in ireland would be entitled to automatic recognition without the need for actual registration in ireland. in such cases, the accompanying certificate testifies the completion of all qualifications requirements. (103) this evidence of formal qualification entitles the holder to automatic recognition of their qualification when it is issued to the nationals of member states who obtained qualification in the united kingdom. (104) this information on the evidence of qualifications was included to ensure that graduates trained in the united kingdom would be entitled to automatic recognition of their qualification without the need for actual registration. in such cases, the accompanying certificate testifies the completion of all qualifications requirements. (105) as of 10 january 2011. (106) the two denominations universit degli studi di (name of the town) and universit di (name of the town) are equivalent terms that identify the same university. (107) as of october 2016 denomination changed into universit degli studi della campania luigi vanvitelli .

name: council decision (eu) 2017/2210 of 25 september 2017 on the signing, on behalf of the union, and provisional application of the agreement for scientific and technological cooperation between the european union and the arab republic of egypt setting out the terms and conditions for the participation of the arab republic of egypt in the partnership for research and innovation in the mediterranean area (prima) type: decision subject matter: research and intellectual property; cooperation policy; european construction; africa; regions and regional policy; natural environment; international affairs; health date published: 2017-12-01 1.12.2017 en official journal of the european union l 316/7 council decision (eu) 2017/2210 of 25 september 2017 on the signing, on behalf of the union, and provisional application of the agreement for scientific and technological cooperation between the european union and the arab republic of egypt setting out the terms and conditions for the participation of the arab republic of egypt in the partnership for research and innovation in the mediterranean area (prima) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 186, in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) decision (eu) 2017/1324 of the european parliament and of the council (1) provides for the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states. (2) prima aims to implement a joint programme to build research and innovation capacities and to develop knowledge and common innovative solutions for agro-food systems, to make them sustainable, and for integrated water provision and management in the mediterranean area, to make those systems and that provision and management more climate resilient, efficient, cost-effective and environmentally and socially sustainable, and to contribute to solving water scarcity, food security, nutrition, health, well-being and migration problems upstream. (3) prima will be jointly undertaken by a number of member states and third countries (participating states) with a high level of commitment to scientific, management and financial integration and under the same terms and conditions. (4) the arab republic of egypt (egypt) expressed its wish to join prima as a participating state and on an equal footing with the member states and third countries associated to horizon 2020 the framework programme for research and innovation (2014-2020) participating in prima. (5) in accordance with article 1(2) of decision (eu) 2017/1324 egypt is to become a participating state in prima subject to the conclusion of an international agreement for scientific and technological cooperation with the union setting out the terms and conditions for the participation of egypt in prima. (6) on 30 may 2017, the council authorised the commission to open negotiations, on behalf of the union, with egypt, on an agreement for scientific and technological cooperation between the european union and the arab republic of egypt setting out the terms and conditions for the participation of the arab republic of egypt in the partnership for research and innovation in the mediterranean area (prima) (the agreement), subject to the adoption of decision (eu) 2017/1324. the negotiations were successfully completed by the initialling of the agreement. (7) the agreement should be signed. (8) in order to allow for the participation of egypt in prima from its start, the agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force, has adopted this decision: article 1 the signing on behalf of the union of the agreement for scientific and technological cooperation between the european union and the arab republic of egypt setting out the terms and conditions for the participation of the arab republic of egypt in the partnership for research and innovation in the mediterranean area (prima) is hereby authorised, subject to the conclusion of the said agreement. the text of the agreement is attached to this decision. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 3 the agreement shall be applied on a provisional basis, as from the date on which the union receives the notification concerning the completion by egypt of its own procedures for the approval of the agreement, pending the completion of the procedures necessary for its entry into force. article 4 this decision shall enter into force on the date of its adoption. done at brussels, 25 september 2017. for the council the president m. maasikas (1) decision (eu) 2017/1324 of the european parliament and of the council of 4 july 2017 on the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states (oj l 185, 18.7.2017, p. 1).

name: council decision (eu) 2017/2211 of 25 september 2017 on the signing, on behalf of the union, of the agreement for scientific and technological cooperation between the european union and the hashemite kingdom of jordan setting out the terms and conditions for the participation of the hashemite kingdom of jordan in the partnership for research and innovation in the mediterranean area (prima) type: decision subject matter: cooperation policy; research and intellectual property; asia and oceania; health; natural environment; international affairs; regions and regional policy; european construction date published: 2017-12-01 1.12.2017 en official journal of the european union l 316/13 council decision (eu) 2017/2211 of 25 september 2017 on the signing, on behalf of the union, of the agreement for scientific and technological cooperation between the european union and the hashemite kingdom of jordan setting out the terms and conditions for the participation of the hashemite kingdom of jordan in the partnership for research and innovation in the mediterranean area (prima) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 186, in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) decision (eu) 2017/1324 of the european parliament and of the council (1) provides for the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states. (2) prima aims to implement a joint programme to build research and innovation capacities and to develop knowledge and common innovative solutions for agro-food systems, to make them sustainable, and for integrated water provision and management in the mediterranean area, to make those systems and that provision and management more climate resilient, efficient, cost-effective and environmentally and socially sustainable, and to contribute to solving water scarcity, food security, nutrition, health, well-being and migration problems upstream. (3) prima will be jointly undertaken by a number of member states and third countries (participating states) with a high level of commitment to scientific, management and financial integration and under the same terms and conditions. (4) the hashemite kingdom of jordan (jordan) expressed its wish to join prima as a participating state and on an equal footing with the member states and third countries associated to horizon 2020 the framework programme for research and innovation (2014-2020) participating in prima. (5) in accordance with article 1(2) of decision (eu) 2017/1324 jordan is to become a participating state in prima subject to the conclusion of an international agreement for scientific and technological cooperation with the union setting out the terms and conditions for the participation of jordan in prima. (6) on 30 may 2017, the council authorised the commission to open negotiations, on behalf of the union, with jordan, on an agreement for scientific and technological cooperation between the european union and the hashemite kingdom of jordan setting out the terms and conditions for the participation of the hashemite kingdom of jordan in the partnership for research and innovation in the mediterranean area (prima) (the agreement), subject to the adoption of decision (eu) 2017/1324. the negotiations were successfully completed by the initialling of the agreement. (7) the agreement should be signed, has adopted this decision: article 1 the signing on behalf of the union of the agreement for scientific and technological cooperation between the european union and the hashemite kingdom of jordan setting out the terms and conditions for the participation of the hashemite kingdom of jordan in the partnership for research and innovation in the mediterranean area (prima) is hereby authorised, subject to the conclusion of the said agreement (2). article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 3 this decision shall enter into force on the date of its adoption. done at brussels, 25 september 2017. for the council the president m. maasikas (1) decision (eu) 2017/1324 of the european parliament and of the council of 4 july 2017 on the participation of the union in the partnership for research and innovation in the mediterranean area (prima) jointly undertaken by several member states (oj l 185, 18.7.2017, p. 1). (2) the text of the agreement will be published together with the decision on its conclusion.

name: decision (eu) 2017/2199 of the european central bank of 20 november 2017 amending decision ecb/2014/40 on the implementation of the third covered bond purchase programme (ecb/2017/37) type: decision subject matter: free movement of capital; monetary economics; european construction; monetary relations date published: 2017-11-28 28.11.2017 en official journal of the european union l 312/92 decision (eu) 2017/2199 of the european central bank of 20 november 2017 amending decision ecb/2014/40 on the implementation of the third covered bond purchase programme (ecb/2017/37) the governing council of the european central bank, having regard to the treaty on the functioning of the european union and in particular the first indent of article 127(2) thereof, having regard to the statute of the european system of central banks and of the european central bank, and in particular the second subparagraph of article 12.1 in conjunction with the first indent of article 3.1, and article 18.1 thereof, whereas: (1) decision ecb/2014/40 (1) established the third covered bond purchase programme (hereinafter the cbpp3). alongside the asset-backed securities purchase programme, the secondary markets public sector asset purchase programme and the corporate sector purchase programme, the cbpp3 is part of the expanded asset purchase programme (app). the app aims to further enhance the transmission of monetary policy, facilitate the provision of credit to the euro area economy, ease borrowing conditions for households and firms and contribute to returning inflation rates to levels below but close to 2 % over the medium term, consistent with the primary objective of the european central bank (ecb) of maintaining price stability. (2) the governing council decided on 4 october 2017 to further refine the rules applicable to the eligibility for purchase under the cbpp3 of covered bonds that are commonly referred to as conditional pass-through covered bonds, in view of the potentially higher risks to which they expose the eurosystem. (3) therefore, decision ecb/2014/40 should be amended accordingly, has adopted this decision: article 1 amendment in article 2 of decision ecb/2014/40, the following point 9 is added: 9. covered bonds shall be excluded from purchases under the cbpp3 where both: (a) they have a conditional pass-through structure, whereby pre-defined events lead to an extension of the bond's maturity and a switch to a payment structure dependent primarily on cash flows generated by the assets in the underlying cover pool; and (b) they are issued by an entity with a first-best issuer rating below cqs3. article 2 entry into force this decision shall enter into force on 1 february 2018. done at frankfurt am main, 20 november 2017. for the governing council of the ecb the president of the ecb mario draghi (1) decision ecb/2014/40 of 15 october 2014 on the implementation of the third covered bond purchase programme (oj l 335, 22.11.2014, p. 22).

name: commission implementing decision (eu) 2017/2181 of 21 november 2017 amending implementing decision (eu) 2016/1918 concerning certain safeguard measures in relation to chronic wasting disease (notified under document c(2017) 7661) (text with eea relevance. ) type: decision_impl subject matter: means of agricultural production; europe; agricultural activity; european construction; agricultural policy; international trade; trade date published: 2017-11-23 23.11.2017 en official journal of the european union l 307/58 commission implementing decision (eu) 2017/2181 of 21 november 2017 amending implementing decision (eu) 2016/1918 concerning certain safeguard measures in relation to chronic wasting disease (notified under document c(2017) 7661) (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 999/2001 of the european parliament and of the council of 22 may 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (1), and in particular article 4(2) thereof, whereas: (1) regulation (ec) no 999/2001 lays down rules for the prevention, control and eradication of transmissible spongiform encephalopathies (tses) in the union. it applies to the production and placing on the market of live animals and products of animal origin and in certain specific cases to exports thereof. it also provides, inter alia, for monitoring programmes for certain tses and also for the adoption of safeguard measures in the event of outbreaks of tses. (2) commission implementing decision (eu) 2016/1918 (2) lays down temporary safeguard measures in relation to chronic wasting disease (cwd). it was adopted following the detection of five cases of cwd in cervids in norway in 2016. that was the first time that cwd had been detected in europe and the first natural case in reindeer in the world. cwd is an infectious disease and in the event of an outbreak of that disease there is a risk that it can spread to other cervid populations and to other regions and also to the territory of other member states of the union and to european free trade association states of the european economic area (eea efta states). (3) on 2 december 2016, the european food safety authority (efsa) adopted a scientific opinion on cwd in cervids (the efsa opinion) (3). the efsa opinion recommended the implementation of a 3-year surveillance programme for cwd in cervids in estonia, finland, iceland, latvia, lithuania, norway, poland and sweden, which are the member states and the eea efta states with a reindeer or a moose population, or with both populations. the efsa opinion highlighted that the objective of the 3-year cwd monitoring programme should be to confirm or exclude the presence of cwd in countries where the disease has never been detected and in countries where cwd has been detected, in order to estimate the prevalence and geographical spread of cwd. to date, cwd has not been detected in the union and as regards eea efta states, it has only been detected in norway. (4) following the adoption of the efsa opinion, annex iii to regulation (ec) no 999/2001 was amended by commission regulation (eu) 2017/1972 (4) in order to provide for a 3-year monitoring programme for cwd in cervids in certain member states and in eea efta states which have cervid populations which may have been exposed to cwd, covering the period from 1 january 2018 to 31 december 2020 (the 3-year monitoring programme for cwd). the purpose of the 3-year monitoring programme for cwd is to obtain a clear picture of the epidemiological situation as regards cwd in cervids in europe. (5) between january 2017 and september 2017, norway informed the commission and the member states, via electronic submissions as referred to in part i.b of chapter b of annex iii to regulation (ec) no 999/2001, of three additional cases of cwd detected in wild reindeers, in addition to the five cwd cases detected in norway in 2016 in wild reindeers and wild moose. (6) the efsa opinion also highlights that the use of natural cervid urine lures increases the probability of introduction of cwd into the union and recommends taking measures in order to reduce the probability of its introduction via natural cervid urine lures. cwd infectivity is present in urine, which plays a role in the transmission and dissemination of cwd. in the form of hunting lures, urine derived from infected cervids can therefore lead to the contamination of areas where cwd was previously not present. the efsa opinion therefore recommends discontinuing the use of cervid urine hunting lures. (7) taking into account the recommendations set out in the efsa opinion, it is appropriate to extend the safeguard measures laid down in implementing decision (eu) 2016/1918 to cover cervid urine hunting lures by prohibiting the importation into the union of cervid urine hunting lures from third countries, the movement of consignments of urine hunting lures derived from cervids originating in norway into the union, and the manufacture, placing on the market and use of urine hunting lures from cervids originating in the areas of sweden and finland listed in the annex to implementing decision (eu) 2016/1918. (8) in addition, the period of application of implementing decision (eu) 2016/1918 should be prolonged, taking into account the detection of the new cases of cwd in norway and pending the outcome of the 3-year monitoring programme for cwd. the period of application of that act should therefore be extended until 31 december 2020. (9) it is also necessary to amend the annex to implementing decision (eu) 2016/1918 as a result of the amendments made to the articles of that act by this decision. (10) implementing decision (eu) 2016/1918 should therefore be amended accordingly. (11) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 implementing decision (eu) 2016/1918 is amended as follows: (1) the following article 3a is inserted: article 3a 1. the importation into the union from third countries of consignments of cervid urine hunting lures shall be prohibited. 2. the movement into the union of consignments of urine hunting lures derived from cervids originating in norway shall be prohibited. 3. the manufacture, placing on the market and use of urine hunting lures from cervids originating in the areas listed in the annex shall be prohibited.; (2) in article 4, the date 31 december 2017 is replaced by the date 31 december 2020; (3) the annex is replaced by the text set out in the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 21 november 2017. for the commission vytenis andriukaitis member of the commission (1) oj l 147, 31.5.2001, p. 1. (2) commission implementing decision (eu) 2016/1918 of 28 october 2016 concerning certain safeguard measures in relation to chronic wasting disease (oj l 296, 1.11.2016, p. 21). (3) scientific opinion on chronic wasting disease (cwd) in cervids, the efsa journal (2017);15(1):46. (4) commission regulation (eu) 2017/1972 of 30 october 2017 amending annexes i and iii to regulation (ec) no 999/2001 of the european parliament and of the council as regards a surveillance programme for chronic wasting disease in cervids in estonia, finland, latvia, lithuania, poland and sweden and repealing commission decision 2007/182/ec (oj l 281, 31.10.2017, p. 14). annex annex 1. the areas of sweden referred to in article 2(2)(a) and (e), article 3(1), (2) and (4) and article 3a(3) the county of norrbotten, the county of v sterbotten, the county of j mtland, the county of v sternorrland, the lvdalen municipality in the county of dalarna, the municipalities of nordanstig, hudiksvall and s derhamn in the county of g vleborg. 2. the areas of finland referred to in article 2(2)(b), article 3(1), (3) and (4) and article 3a(3) the area located between the norwegian-finnish border and the norwegian-finnish reindeer fence.

name: council decision (eu) 2017/2105 of 10 november 2017 on the position to be adopted on behalf of the european union within the trade committee regarding the amendment of annex xii of the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part, setting out the list of colombian procuring entities in accordance with the provisions of title vi ( government procurement ) type: decision subject matter: eu institutions and european civil service; international trade; trade policy; america; european construction; international affairs date published: 2017-11-18 18.11.2017 en official journal of the european union l 303/6 council decision (eu) 2017/2105 of 10 november 2017 on the position to be adopted on behalf of the european union within the trade committee regarding the amendment of annex xii of the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part, setting out the list of colombian procuring entities in accordance with the provisions of title vi (government procurement) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular the first paragraph of article 207(4), in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part, (the trade agreement) has been provisionally applied with colombia since 1 august 2013 (1). (2) pursuant to paragraphs 1 and 3 of article 14 of the trade agreement, the trade committee may adopt decisions by consensus, involving only the union party and the signatory andean country concerned (i.e. colombia), provided that such decisions do not affect the rights and obligations of another signatory andean country. (3) the trade committee, during its fourth meeting on 24 november 2017, is to adopt the decision to agree on the modification of subsection 2 of section a to appendix 1 of annex xii (government procurement). the modification consists of a clarification of the coverage of government procurement entities at sub-central level in colombia. the modification entails the inclusion of a note to subsection 2 of colombia's government procurement coverage to specify that procuring entities cover all sub-central public procuring entities not having an industrial or commercial character. the union and colombia agree that such modification would not require compensatory adjustments. (4) it is appropriate to establish the position to be adopted on behalf of the union in the trade committee, as the decision will be binding upon the union, has adopted this decision: article 1 the position to be adopted, on behalf of the union within the trade committee shall be based on the draft decision of the trade committee attached to this decision. article 2 this decision shall enter into force on the day of its adoption. article 3 this decision is addressed to the commission. done at brussels, 10 november 2017. for the council the president u. palo (1) council decision 2012/735/eu of 31 may 2012 on the signing, on behalf of the union, and provisional application of the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part (oj l 354, 21.12.2012, p. 1). draft decision no [ ]/2017 of the eu-colombia-peru trade committee of [ ] 2017 amending appendix 1 of annex xii (government procurement) to the trade agreement between the european union and its member states, of the one part, and colombia and peru, of the other part the trade committee, having regard to the trade agreement between the european union (union) and its member states, of the one part, and colombia and peru, of the other part (the trade agreement), and in particular article 191 thereof, whereas: (1) article 191 of the trade agreement lays down the procedures whereby a party may modify or rectify its coverage of procurement under title vi of the trade agreement. (2) subsection 2 of section a to appendix 1 of annex xii (government procurement) to the trade agreement specifies sub-central government entities of colombia whose procurement is covered under title vi. (3) following exchanges between the union and colombia on the implementation of the trade agreement, colombia notified the union of its intention to add a note to subsection 2 to specify that procuring entities cover all sub-central public procuring entities, not having an industrial or commercial character. the union and colombia agree to such modification and that such modification will not require compensatory adjustments. (4) in order to include this note, subsection 2 of section a to appendix 1 of annex xii to the trade agreement must be modified. the decision to modify the annex can be adopted in the trade committee set out under the trade agreement by the union and colombia (the signatory andean country concerned), pursuant to paragraph 3 of article 14 of the trade agreement, as it relates exclusively to the bilateral relationship between them, has adopted this decision: article 1 the notes to subsection 2 of section a to appendix 1 of annex xii (government procurement) to the trade agreement shall be replaced as follows: notes to this subsection 1. for the purposes of this subsection procuring entities cover all sub-central public procuring entities, not having an industrial or commercial character. 2. title vi of this agreement does not cover: (a) procurements of food, agricultural raw materials/inputs and live animals related to agricultural support programmes and food assistance; and (b) procurements of goods classified under section 2 (food products, beverages and tobacco; textiles, apparel and leather products) of the cpc version 1.0 for social assistance programmes. article 2 the modification laid down in article 1 shall not entail compensatory adjustment since it does not lead to a reduction of coverage. article 3 this decision shall enter into force on the date of its adoption. done at [ ], [ ] 2017. for the trade committee

name: council decision (eu) 2017/2104 of 6 november 2017 on the position to be taken on behalf of the european union within the united nations economic commission for europe working party on agricultural quality standards (unece-wp.7) concerning proposals on quality standards for fruit and vegetables type: decision subject matter: united nations; consumption; international trade; technology and technical regulations; plant product; agricultural policy; marketing date published: 2017-11-18 18.11.2017 en official journal of the european union l 303/1 council decision (eu) 2017/2104 of 6 november 2017 on the position to be taken on behalf of the european union within the united nations economic commission for europe working party on agricultural quality standards (unece-wp.7) concerning proposals on quality standards for fruit and vegetables the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 43 in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the united nations economic commission for europe working party on agricultural quality standards (unece-wp.7) examines and adopts proposals establishing new unece quality standards for fruit and vegetables or amending the existing standards. those proposals are prepared by the specialised sections on standardisation of the unece. unece-wp.7 adopts the proposals by consensus of the participating members. (2) the unece quality standards for fruit and vegetables contribute to the international harmonisation of such standards and set a framework which ensures fair competition in the trading of fruit and vegetables. (3) the union participates as observer in unece-wp.7 and in the specialised sections on standardisation. the member states are members of the unece and participate in unece-wp.7 and in the specialised sections on standardisation. therefore the member states are entitled to participate in decisions to adopt of the unece quality standards for fruit and vegetables. (4) pursuant to articles 75(1) and 76(1) of regulation (eu) no 1308/2013 of the european parliament and of the council (1) products of the fruit and vegetable sector which are intended to be sold fresh to the consumer may only be marketed if they conform to the applicable marketing standards, if they are sound, fair and of marketable quality, and if the country of origin is indicated. (5) pursuant to article 75(2) of regulation (eu) no 1308/2013 the commission is empowered to lay down marketing standards in the fruit and vegetable sector by means of a delegated act. specific marketing standards are laid down for certain fruit and vegetable products by commission implementing regulation (eu) no 543/2011 (2). those specific marketing standards are based on the unece quality standards for those products. (6) pursuant to article 3(1) of implementing regulation (eu) no 543/2011 fruit and vegetables which are not covered by a specific marketing standard shall conform to the general marketing standard set out in part a of annex i to that implementing regulation. products that conform to any applicable marketing standards adopted by the unece are considered as conforming to that general marketing standard. (7) since unece quality standards for fruit and vegetables affect union law, it is necessary to establish the position to be taken on behalf of the union in the unece-wp.7 as regards those quality standards. (8) the proposals for quality standards prepared by the specialised section on standardisation of fresh fruit and vegetables and by the specialised section on standardisation of dry and dried produce are extensively discussed among scientific and technical experts of the fruit and vegetables sector. those proposals should therefore be supported on behalf of the union by the member states, provided that they are in the interest of the union and do not contravene union law, in particular regulation (eu) no 1308/2013. (9) in view of the evolving and technical nature of the quality standards for fresh fruit and vegetables and the consequent need for the position of the union to take account of those new developments as well as any other possible union concerns, procedures should be established in line with the principle of sincere cooperation among the union institutions enshrined in article 13(2) of the treaty on european union, for the year-to-year specification of the union position. (10) in order to allow for the necessary flexibility during the discussions and in the meeting of the unece-wp.7, member states, in consultation with the commission, should be authorised to accept changes to the proposals on quality standards for fruit and vegetables, provided that such changes do not alter the substance of those proposals. (11) the position established in this decision should be revised at the latest for the annual meeting of unece-wp.7 in 2020. (12) the union having only the status of observer in the unece wp.7 and the specialised sections on standardisation, it is for the member states which participate in the unece wp.7 to express the union position, acting jointly in the interest of the union, has adopted this decision: article 1 the position to be taken on behalf of the union in the annual meetings of the unece-wp.7, when the latter is called on to establish new unece quality standards for fruit and vegetables or to amend existing unece quality standards for fruit and vegetables, is set out in annex i. article 2 the year-to-year specification of the union position to be taken in the annual meetings of the unece-wp.7 shall be established in accordance with annex ii. article 3 this decision and its annexes shall be assessed and, where appropriate, revised by the council upon a proposal from the commission, at the latest for the annual meeting of the unece-wp.7 in 2020. article 4 the position referred to in article 1 shall be expressed by the member states which participate in unece-wp.7, acting jointly in the interest of the union. article 5 the member states which participate in the unece-wp.7, acting jointly in the interest of the union and in consultation with the commission, may agree to minor changes to the proposals on quality standards for fruit and vegetables in the unece-wp.7 that do not alter the substance of those proposals. article 6 this decision is addressed to the member states. this decision shall enter into force on the day of its adoption. done at brussels, 6 november 2017. for the council the president t. tamm (1) regulation (eu) no 1308/2013 of the european parliament and of the council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations (eec) no 922/72, (eec) no 234/79, (ec) no 1037/2001 and (ec) no 1234/2007 (oj l 347, 20.12.2013, p. 671). (2) 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 (oj l 157, 15.6.2011, p. 1). annex i the union position in the annual meetings of the unece-wp.7 the member states which participate in the unece-wp.7, acting jointly in the interest of the union, shall approve the proposals prepared by the specialised section on standardisation of fresh fruit and vegetables and by the specialised section on standardisation of dry and dried produce for establishing new unece quality standards for fruit and vegetables or amending the existing unece quality standards for fruit and vegetables, provided that: (a) the new quality standards for fruit and vegetables or the amendments to the existing quality standards for fruit and vegetables are in the interests of the union and serve the objectives pursued by the union within the framework of its agriculture policy; and (b) the new quality standards for fruit and vegetables or the amendments to the existing quality standards for fruit and vegetables are not contrary to union law and, in particular, are not contrary to regulation (eu) no 1308/2013, without prejudice to the commission's right to adapt the union's rules by delegated act, in particular as regards the marketing standards for fruit and vegetables, referred to in article 75 of that regulation. annex ii year-to-year specification of the union position to be taken at the annual meetings of the unece-wp.7 1. before each annual meeting of the unece-wp.7, the commission shall transmit to the council or its preparatory bodies a written preparatory document setting out the particulars of the proposed specification of the union position for discussion and approval of the position to be expressed on the union's behalf. that document shall be transmitted sufficiently in advance of the unece-wp.7 meeting it concerns. 2. when preparing the written document referred to in paragraph 1 of this annex, the commission shall assess whether the proposed quality standards comply with the conditions set out in annex i, including whether they raise any particular concerns for the union. 3. where, following the commission's assessement referred to in paragraph 2, the discussions within the council or its preparatory bodies conclude that a proposal of the specialised section on standardisation of fresh fruit and vegetables or of the specialised section on standardisation of dry and dried produce presents a particular concern for the union which has not been discussed in one of the specialised sections on standardisation, the member states which participate in the unece-wp.7, acting jointly in the interest of the union, shall request that the decision on that proposal be postponed until that concern has been duly discussed in the specialised section on standardisation. 4. where a proposal by the specialised section on standardisation of fresh fruit and vegetables or by the specialised section on standardisation of dry and dried produce is likely to be affected by new scientific or technical information that emerged after the discussion within the council or within its preparatory bodies but before or during the meeting of unece-wp.7, the member states which participate in the unece-wp.7, acting jointly in the interest of the union, shall request that the decision on that proposal in the unece-wp.7 be postponed until that proposal has been discussed in the specialised sections on standardisation on the basis of that new scientific or technical information. 5. if a number of member states equivalent to a blocking minority established by the second paragraph of point (a) of article 238(3) of the treaty on the functioning of the european union oppose a proposal for a new unece quality standard for fruit and vegetables or oppose an amendment to existing unece quality standards for fruit and vegetables, the member states which participate in the unece-wp.7, shall request that the decision on that proposed standard be postponed and that discussions be continued in the specialised section on standardisation of fresh fruit and vegetables or in the specialised section on standardisation of dry and dried produce or in a unece working group established for that purpose. 6. further meetings within the council or its preparatory bodies may be convened, if necessary and including on the spot, in order to take account of any new developments that may occur between the discussion within the council or its preparatory bodies and until or during the meeting of unece-wp.7, other than those developments referred to in article 5 of this decision. 7. if, in the course of those meetings, including on-the-spot meetings, and with regard to paragraph 3, 4 and 6 of this annex, it is impossible to reach an agreement on the proposed specification of the union position, the matter shall be referred to the council or its preparatory bodies.

name: decision (eu) 2017/2098 of the european central bank of 3 november 2017 on procedural aspects concerning the imposition of corrective measures for non-compliance with regulation (eu) no 795/2014 (ecb/2017/33) type: decision subject matter: free movement of capital; monetary relations; budget; trade policy; financial institutions and credit; accounting; european union law; monetary economics date published: 2017-11-16 16.11.2017 en official journal of the european union l 299/34 decision (eu) 2017/2098 of the european central bank of 3 november 2017 on procedural aspects concerning the imposition of corrective measures for non-compliance with regulation (eu) no 795/2014 (ecb/2017/33) the governing council of the european central bank, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 795/2014 of the european central bank of 3 july 2014 on oversight requirements for systemically important payment systems (ecb/2014/28) (1), and in particular article 22(6) thereof, whereas: (1) the governing council set out oversight requirements for systemically important payment systems (sips) in regulation (eu) no 795/2014 (ecb/2014/28). (2) pursuant to article 22(2) and (3) of regulation (eu) no 795/2014 (ecb/2014/28), competent authorities may impose corrective measures for non-compliance with oversight requirements. (3) however, as regulation (eu) no 795/2014 (ecb/2014/28) does not specify detailed rules and procedures for the imposition of corrective measures, in accordance with article 22(6) thereof, such rules and procedures should be laid down in this decision, has adopted this decision: article 1 definitions for the purposes of this decision: (1) competent authority means a competent authority as defined in point (5) of article 2 of regulation (eu) no 795/2014 (ecb/2014/28); (2) sips operator means a sips operator as defined in point (4) of article 2 of regulation (eu) no 795/2014 (ecb/2014/28); (3) corrective measure means a corrective measure as defined in point (44) of article 2 of regulation (eu) no 795/2014 (ecb/2014/28); (4) non-compliance means any infringement of regulation (eu) no 795/2014 (ecb/2014/28); (5) suspected non-compliance means reasonable grounds for suspecting that a sips operator has not fulfilled one or more of the requirements of regulation (eu) no 795/2014 (ecb/2014/28), based on the information and documentation (including a self-assessment provided by the sips operator) available to the competent authority; (6) ongoing non-compliance means any infringement of regulation (eu) no 795/2014 (ecb/2014/28) that has been confirmed by an assessment but has not been rectified by a sips operator in accordance with an action plan agreed with the competent authority within a time limit specified by that authority; (7) draft assessment means a report that has not yet been endorsed by the decision-making body of a competent authority, which provides a preliminary analysis of the sips' rules, procedures and operations, and of incidents, or any other matter that is considered of importance to the operation of the sips, and identifies a suspected non-compliance with the oversight requirements laid down in regulation (eu) no 795/2014 (ecb/2014/28); (8) assessment means, where the european central bank (ecb) acts as the competent authority, a report that has been endorsed by the governing council, or, where a national central bank (ncb) acts as the competent authority, a report that has been endorsed by the relevant decision-making body of that ncb, and which states the sips operator's level of compliance with the oversight requirements laid down in regulation (eu) no 795/2014 (ecb/2014/28). article 2 general principles 1. corrective measures shall be imposed on sips operators in accordance with article 22 of regulation (eu) no 795/2014 (ecb/2014/28) and the procedure laid down in this decision. 2. competent authorities may initiate the procedure to impose a corrective measure in the following scenarios: (a) in case of non-compliance that has been confirmed by an assessment; (b) in case of ongoing non-compliance, where no corrective measure has been previously imposed on the sips operator; (c) where a draft assessment gives grounds to the competent authority to suspect non-compliance that is serious and requires immediate action. 3. the formulation of corrective measures shall be sufficiently specific to allow a sips operator to undertake action without undue delay to remedy or avoid a repetition of its non-compliance. article 3 notice to the sips operator 1. in accordance with article 22(1) of regulation (eu) no 795/2014 (ecb/2014/28) and based on the findings of a draft assessment or an assessment, the competent authority shall give written notice to a sips operator which may include requesting additional information or explanations to be provided. 2. the written notice shall specify the nature of the non-compliance or suspected non-compliance, as well as the facts, information, assessments or legal grounds supporting the finding of non-compliance or suspected non-compliance. it shall state the corrective measure(s) that the competent authority considers imposing. it shall further state whether the case is considered serious and whether immediate action is required under article 4(2). 3. for cases of ongoing non-compliance, the written notice shall also specify the lack of progress or inadequacy of the progress made by the sips operator with regard to the implementation of the action plan agreed with the competent authority. article 4 organisation of the hearing phase 1. a sips operator shall be given the opportunity to be heard through commenting in writing on the facts, information, assessment or legal grounds supporting the finding of non-compliance or suspected non-compliance, and the corrective measure(s) being considered, as set out in the written notice, within a time limit specified by the competent authority of a minimum of 14 calendar days following receipt of the written notice. a sips operator may request an extension of the time limit and the competent authority shall have discretion to decide whether an extension is granted. 2. in relation to non-compliance that is considered serious enough to require immediate action, in accordance with article 22(3) of regulation (eu) no 795/2014 (ecb/2014/28), a sips operator shall be given the opportunity to be heard and provide explanations within a time limit, specified by the competent authority, which shall typically not exceed three business days following receipt of the written notice. 3. a sips operator may request the provision of explanation or documents from the competent authority concerning the non-compliance or suspected non-compliance. competent authorities shall endeavour to provide the relevant explanations or documents to sips operators in a timely manner. 4. if the competent authority deems it appropriate or at the request of the sips operator, the sips operator may be given the opportunity to comment on the facts, information, assessment or legal grounds supporting the finding of non-compliance or suspected non-compliance in a meeting. the sips operator may be supported in the meeting by a third party, including external legal counsel. 5. the competent authority shall prepare written minutes of any meeting with a sips operator. after having been given sufficient time to review the minutes and include any remarks or changes deemed necessary, the sips operator shall sign the minutes and the competent authority shall provide the sips operator with a copy of them. 6. a sips operator shall provide comments, documentation, explanations and any other information to the competent authority in the union language chosen by the sips operator, unless another language for communications is agreed in advance with the competent authority. article 5 access to the file 1. sips operators shall be entitled, after the initiation of the procedure for the imposition of corrective measures, to have access to the competent authority's file, subject to the legitimate interest of legal and natural persons other than the sips operators themselves. the right of access to the file shall not extend to confidential information. 2. the sips operators shall forward to the competent authority, without undue delay, any request related to access to the file. 3. the file consists of all of the documents obtained, produced or assembled by the competent authority during the procedure for the imposition of corrective measures. 4. for the purpose of this article, confidential information may include internal documents of the competent authority and correspondence between the competent authority and any persons involved in preparing the assessment. article 6 imposition of corrective measures 1. in accordance with article 22(2) and (3) of regulation (eu) no 795/2014 (ecb/2014/28), the competent authority may impose corrective measures on a sips operator, after taking into account the information provided by the latter. for the avoidance of doubt, where the procedure to impose a corrective measure has been initiated on the basis of suspected non-compliance, a corrective measure shall be imposed only after the relevant decision-making body of the competent authority has endorsed the report identifying non-compliance. 2. where the ecb acts as a competent authority, a decision to impose corrective measures shall be endorsed by the governing council. the decision shall specify the time limit within which the sips operator has to implement the corrective measures. 3. where an ncb acts as a competent authority, a decision to impose corrective measures shall be endorsed by the ncb's decision-making body. the decision shall specify the time limit within which the sips operator has to implement the corrective measures. the ncb shall submit a copy of the decision to the governing council for information without undue delay. article 7 time limits the right of a competent authority to impose corrective measures in respect of non-compliance that has been confirmed in an assessment shall expire two years after the finalisation of this assessment. article 8 notification of the decision to impose corrective measures the competent authority shall notify a sips operator in writing, including electronically, of any decision to impose corrective measures within seven calendar days of taking the decision. article 9 failure to implement corrective measures a failure by a sips operator to implement corrective measures within the indicated time limit may be treated as a separate ground for the imposition of a sanction by the ecb, provided that a sanction has not already been imposed for the same infringement. article 10 entry into force this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at frankfurt am main, 3 november 2017. the president of the ecb mario draghi (1) oj l 217, 23.7.2014, p. 16.

name: council decision (eu) 2017/2083 of 6 november 2017 on the signing, on behalf of the union, of the agreement between the european union and antigua and barbuda amending the agreement between the european community and antigua and barbuda on the short-stay visa waiver type: decision subject matter: america; european construction; international law; international affairs date published: 2017-11-15 15.11.2017 en official journal of the european union l 297/1 council decision (eu) 2017/2083 of 6 november 2017 on the signing, on behalf of the union, of the agreement between the european union and antigua and barbuda amending the agreement between the european community and antigua and barbuda on the short-stay visa waiver the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (a) of article 77(2), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) by its decision 2009/896/ec (1), the council concluded the agreement between the european community and antigua and barbuda on the short-stay visa waiver (2) (the agreement). the agreement provides for visa-free travel for the citizens of the union and for the citizens of antigua and barbuda when travelling to the territory of the other contracting party for a maximum period of 3 months during a 6-month period. (2) regulation (eu) no 610/2013 of the european parliament and of the council (3) introduced horizontal changes in the union's visa and border acquis and defined a short stay as a maximum of 90 days in any 180-day period. (3) it is necessary to incorporate this new definition into the agreement in order to fully harmonise the union's short-stay regime. (4) on 9 october 2014, the council adopted a decision authorising the commission to open negotiations with antigua and barbuda on an agreement which amends the agreement between the european community and antigua and barbuda on the short-stay visa waiver (the amending agreement). (5) negotiations on the amending agreement were successfully finalised by the initialling thereof, by exchange of letters, on 28 october 2016. (6) the amending agreement should be signed, and the declarations attached to the amending agreement should be approved, on behalf of the union. (7) this decision constitutes a development of the provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (4); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (8) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (5); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application, has adopted this decision: article 1 the signing on behalf of the union of the agreement between the european union and antigua and barbuda amending the agreement between the european community and antigua and barbuda on the short-stay visa waiver is hereby authorised, subject to the conclusion of the said agreement (6). article 2 the declarations attached to the amending agreement shall be approved on behalf of the union. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the amending agreement on behalf of the union. article 4 this decision shall enter into force on the date of its adoption. done at brussels, 6 november 2017. for the council the president t. tamm (1) council decision 2009/896/ec of 30 november 2009 on the conclusion of the agreement between the european community and antigua and barbuda on the short-stay visa waiver (oj l 321, 8.12.2009, p. 38). (2) oj l 169, 30.6.2009, p. 3. (3) regulation (eu) no 610/2013 of the european parliament and of the council of 26 june 2013 amending regulation (ec) no 562/2006 of the european parliament and of the council establishing a community code on the rules governing the movement of persons across borders (schengen borders code), the convention implementing the schengen agreement, council regulations (ec) no 1683/95 and (ec) no 539/2001 and regulations (ec) no 767/2008 and (ec) no 810/2009 of the european parliament and of the council (oj l 182, 29.6.2013, p. 1). (4) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (5) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20). (6) the text of the amending agreement will be published together with the decision on its conclusion.

name: council decision (eu) 2017/2087 of 6 november 2017 on the signing, on behalf of the union, of the agreement between the european union and the republic of mauritius amending the agreement between the european community and the republic of mauritius on the short-stay visa waiver type: decision subject matter: european construction; international law; international affairs; africa date published: 2017-11-15 15.11.2017 en official journal of the european union l 297/9 council decision (eu) 2017/2087 of 6 november 2017 on the signing, on behalf of the union, of the agreement between the european union and the republic of mauritius amending the agreement between the european community and the republic of mauritius on the short-stay visa waiver the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (a) of article 77(2), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) by its decision 2009/899/ec (1), the council concluded the agreement between the european community and the republic of mauritius on the short-stay visa waiver (2) (the agreement). the agreement provides for visa-free travel for the citizens of the union and for the citizens of the republic of mauritius when travelling to the territory of the other contracting party for a maximum period of 3 months during a 6-month period. (2) regulation (eu) no 610/2013 of the european parliament and of the council (3) introduced horizontal changes in the union's visa and border acquis and defined a short stay as a maximum of 90 days in any 180-day period. (3) it is necessary to incorporate this new definition into the agreement in order to fully harmonise the union's short-stay regime. (4) on 9 october 2014, the council adopted a decision authorising the commission to open negotiations with the republic of mauritius on an agreement which amends the agreement between the european community and the republic of mauritius on the short-stay visa waiver (the amending agreement). (5) negotiations on the amending agreement were successfully finalised by the initialling thereof, by exchange of letters, on 11 november 2016. (6) the amending agreement should be signed and the declarations attached to the amending agreement should be approved, on behalf of the union. (7) this decision constitutes a development of the provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (4); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (8) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (5); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application, has adopted this decision: article 1 the signing on behalf of the union of the agreement between the european union and the republic of mauritius amending the agreement between the european community and the republic of mauritius on the short-stay visa waiver is hereby authorised, subject to the conclusion of the said agreement (6). article 2 the declarations attached to the amending agreement shall be approved on behalf of the union. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the amending agreement on behalf of the union. article 4 this decision shall enter into force on the date of its adoption. done at brussels, 6 november 2017. for the council the president t. tamm (1) council decision 2009/899/ec of 30 november 2009 on the conclusion of the agreement between the european community and the republic of mauritius on the short-stay visa waiver (oj l 321, 8.12.2009, p. 41). (2) oj l 169, 30.6.2009, p. 17. (3) regulation (eu) no 610/2013 of the european parliament and of the council of 26 june 2013 amending regulation (ec) no 562/2006 of the european parliament and of the council establishing a community code on the rules governing the movement of persons across borders (schengen borders code), the convention implementing the schengen agreement, council regulations (ec) no 1683/95 and (ec) no 539/2001 and regulations (ec) no 767/2008 and (ec) no 810/2009 of the european parliament and of the council (oj l 182, 29.6.2013, p. 1). (4) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (5) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20). (6) the text of the amending agreement will be published together with the decision on its conclusion.

name: council decision (cfsp) 2017/2072 of 13 november 2017 updating and amending 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 amending decision (cfsp) 2017/1426 type: decision subject matter: international affairs; civil law; politics and public safety date published: 2017-11-14 14.11.2017 en official journal of the european union l 295/57 council decision (cfsp) 2017/2072 of 13 november 2017 updating and amending 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 amending decision (cfsp) 2017/1426 the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 27 december 2001, the council adopted common position 2001/931/cfsp (1). (2) on 4 august 2017, the council adopted decision (cfsp) 2017/1426 (2), updating the list of persons, groups and entities subject to articles 2, 3 and 4 of common position 2001/931/cfsp (the list). (3) the council has determined that there are no longer grounds for keeping one entity on the list. (4) the list should therefore be updated accordingly, has adopted this decision: article 1 the annex to decision (cfsp) 2017/1426 is amended as set out in the annex to this decision. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 13 november 2017. for the council the president f. mogherini (1) council common position 2001/931/cfsp of 27 december 2001 on the application of specific measures to combat terrorism (oj l 344, 28.12.2001, p. 93). (2) council decision (cfsp) 2017/1426 of 4 august 2017 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 (cfsp) 2017/154 (oj l 204, 5.8.2017, p. 95). annex the following entity is deleted from the list set out in the annex to decision (cfsp) 2017/1426: ii. groups and entities 18. fuerzas armadas revolucionarias de colombia farc ( revolutionary armed forces of colombia ).

name: council decision (cfsp) 2017/2073 of 13 november 2017 amending common position 2001/931/cfsp on the application of specific measures to combat terrorism type: decision subject matter: civil law; international affairs; politics and public safety date published: 2017-11-14 14.11.2017 en official journal of the european union l 295/59 council decision (cfsp) 2017/2073 of 13 november 2017 amending common position 2001/931/cfsp on the application of specific measures to combat terrorism the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 27 december 2001, the council adopted common position 2001/931/cfsp (1). (2) the council has determined that there are no longer grounds for keeping one entity on the list of persons, groups and entities subject to articles 2, 3 and 4 of common position 2001/931/cfsp. the restrictive measures applying to that entity were suspended by council decision (cfsp) 2016/1711 (2). (3) common position 2001/931/cfsp should therefore be amended accordingly, has adopted this decision: article 1 in article 5 of common position 2001/931/cfsp, the second paragraph is deleted. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 13 november 2017. for the council the president f. mogherini (1) council common position 2001/931/cfsp of 27 december 2001 on the application of specific measures to combat terrorism (oj l 344, 28.12.2001, p. 93). (2) council decision (cfsp) 2016/1711 of 27 september 2016 amending common position 2001/931/cfsp on the application of specific measures to combat terrorism (oj l 259i, 27.9.2016, p. 3).

name: commission implementing decision (eu) 2017/2077 of 10 november 2017 amending decision 2005/50/ec on the harmonisation of the 24 ghz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the community (notified under document c(2017) 7374) (text with eea relevance. ) type: decision_impl subject matter: electronics and electrical engineering; transport policy; organisation of transport; land transport; communications date published: 2017-11-14 14.11.2017 en official journal of the european union l 295/75 commission implementing decision (eu) 2017/2077 of 10 november 2017 amending decision 2005/50/ec on the harmonisation of the 24 ghz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the community (notified under document c(2017) 7374) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to decision no 676/2002/ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community (radio spectrum decision) (1), and in particular article 4(6) thereof, whereas: (1) commision decision 2005/50/ec (2), as amended by commission implementing decision 2011/485/eu (3), harmonises the technical conditions for the availability and efficient use of the 24 ghz range radio spectrum band for automotive short-range radar equipment. these radars help to prevent car collisions. (2) decision 2005/50/ec imposed upon member states statistical reporting obligations, including the requirement to collect, on a yearly basis, data on the number of vehicles equipped with short-range radar using the 24 ghz range radio spectrum band. (3) while the obligation to keep the use of the 24 ghz by short-range radars under scrutiny should remain, it now appears disproportionate to require each national authority to provide statistical data systematically on a yearly basis as envisaged in decision 2005/50/ec. national administrative resources would be better used if member states provided these statistical reports only upon request by the commission. the commission could request these statistical reports in the possible but unlikely event that interference or a sharp surge in the number of vehicles equipped with 24 ghz radars is reported. (4) since the adoption of decision 2005/50/ec, there have been no reports of harmful interference by those services which are protected by the decision. the number of vehicles equipped with short-range radar using the 24 ghz range radio spectrum band has remained generally low and in any case at a level which is well below the threshold of 7 % of the total number of vehicles in circulation in each member state. this threshold is considered as being the critical proportion below which it is presumed that no harmful interference would be caused to other users of the 24 ghz band. (5) decision 2005/50/ec should therefore be amended accordingly. (6) the measures provided for in this decision are in accordance with the opinion of the radio spectrum committee, has adopted this decision: article 1 decision 2005/50/ec is amended as follows: in the annex to the decision, the words the following data shall be collected on a yearly basis: are replaced by: the following data shall be collected upon request by the commission: article 2 this decision is addressed to the member states. done at brussels, 10 november 2017. for the commission mariya gabriel member of the commission (1) oj l 108, 24.4.2002, p. 1. (2) commission decision 2005/50/ec of 17 january 2005 on the harmonisation of the 24 ghz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the community (oj l 21, 25.1.2005, p. 15). (3) commission implementing decision 2011/485/eu of 29 july 2011 amending decision 2005/50/ec on the harmonisation of the 24 ghz range radio spectrum band for the time-limited use by automotive short-range radar equipment in the community (oj l 198, 30.7.2011, p. 71).

name: commission decision (eu) 2017/2076 of 7 november 2017 amending decision 2009/607/ec as regards the period of validity of the ecological criteria for the award of the eu ecolabel to hard coverings (notified under document c(2017) 7247) (text with eea relevance. ) type: decision subject matter: consumption; environmental policy; technology and technical regulations; marketing; building and public works date published: 2017-11-14 14.11.2017 en official journal of the european union l 295/74 commission decision (eu) 2017/2076 of 7 november 2017 amending decision 2009/607/ec as regards the period of validity of the ecological criteria for the award of the eu ecolabel to hard coverings (notified under document c(2017) 7247) (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 66/2010 of the european parliament and of the council of 25 november 2009 on the eu ecolabel (1), and in particular article 8(2) and (3)(c) thereof, after consulting the european union ecolabelling board, whereas: (1) the validity of the current ecological criteria for the award of the eu ecolabel for hard coverings, and of the related assessment and verification requirements, set out in commission decision 2009/607/ec (2) expires on 30 november 2017. an assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by decision 2009/607/ec. it is therefore appropriate to prolong the period of validity of those criteria and assessment and verification requirements. (2) decision 2009/607/ec should therefore be amended accordingly. (3) the measures provided for in this decision are in accordance with the opinion of the committee established by article 16 of regulation (ec) no 66/2010, has adopted this decision: article 1 article 3 of decision 2009/607/ec is replaced by the following: article 3 the ecological criteria for the product group hard coverings and the related assessment and verification requirements shall be valid until 30 june 2021. article 2 this decision is addressed to the member states. done at brussels, 7 november 2017. for the commission karmenu vella member of the commission (1) oj l 27, 30.1.2010, p. 1. (2) commission decision 2009/607/ec of 9 july 2009 establishing the ecological criteria for the award of the community eco-label to hard coverings (oj l 208, 12.8.2009, p. 21).

name: political and security committee decision (cfsp) 2017/2059 of 31 october 2017 extending the mandate of the head of the european union capacity building mission in somalia (eucap somalia) (eucap somalia/2/2017) type: decision subject matter: transport policy; international affairs; africa date published: 2017-11-11 11.11.2017 en official journal of the european union l 294/40 political and security committee decision (cfsp) 2017/2059 of 31 october 2017 extending the mandate of the head of the european union capacity building mission in somalia (eucap somalia) (eucap somalia/2/2017) the political and security committee, having regard to the treaty on european union, and in particular the third paragraph of article 38 thereof, having regard to council decision 2012/389/cfsp of 16 july 2012 on the european union capacity building mission in somalia (eucap somalia) (1), and in particular article 9(1) thereof, whereas: (1) pursuant to article 9(1) of decision 2012/389/cfsp, the political and security committee (psc) is authorised, in accordance with article 38 of the treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the european union capacity building mission in somalia (eucap somalia), including the decision to appoint a head of mission. (2) on 26 july 2016, the psc adopted decision eucap nestor/1/2016 (2), appointing ms maria-cristina stepanescu as head of eucap nestor from 1 september 2016 to 12 december 2016. (3) on 12 december 2016, the council adopted decision (cfsp) 2016/2240 (3), extending the mandate of the regional maritime capacity building mission in the horn of africa (eucap nestor) until 31 december 2018 and renaming it capacity building mission in somalia (eucap somalia). (4) on 10 january 2017, the psc adopted decision eucap somalia/1/2017 (4), extending the mandate of ms maria-cristina stepanescu as head of eucap somalia from 13 december 2016 until 12 december 2017. (5) the high representative of the union for foreign affairs and security policy has proposed to extend the mandate of ms maria-cristina stepanescu as head of eucap somalia from 13 december 2017 to 31 december 2018, has adopted this decision: article 1 the mandate of ms maria-cristina stepanescu as head of eucap somalia is hereby extended until 31 december 2018. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 31 october 2017. for the political and security committee the chairperson w. stevens (1) oj l 187, 17.7.2012, p. 40. (2) political and security committee decision (cfsp) 2016/1633 of 26 july 2016 on the appointment of the head of mission of the european union mission on regional maritime capacity building in the horn of africa (eucap nestor) (eucap nestor/1/2016) (oj l 243, 10.9.2016, p. 8). (3) council decision (cfsp) 2016/2240 of 12 december 2016 amending decision 2012/389/cfsp on the european union mission on regional maritime capacity building in the horn of africa (eucap nestor) (oj l 337, 13.12.2016, p. 18). (4) political and security committee decision (cfsp) 2017/114 of 10 january 2017 extending the mandate of the head of the european union capacity building mission in somalia (eucap somalia/1/2017) (oj l 18, 24.1.2017, p. 49).

name: council implementing decision (cfsp) 2017/2008 of 8 november 2017 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision_impl subject matter: africa; maritime and inland waterway transport; international affairs; international trade date published: 2017-11-09 9.11.2017 en official journal of the european union l 290/22 council implementing decision (cfsp) 2017/2008 of 8 november 2017 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya the council of the european union, having regard to the treaty on european union, and in particular article 31(2) thereof, having regard to council decision (cfsp) 2015/1333 of 31 july 2015 concerning restrictive measures in view of the situation in libya, and repealing decision 2011/137/cfsp (1), and in particular article 12(1) thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 july 2015, the council adopted decision (cfsp) 2015/1333. (2) on 31 october 2017, the united nations security council committee established pursuant to united nations security council resolution 1970 (2011) renewed and amended the listing of a vessel subject to restrictive measures. (3) annex v to decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 annex v to decision (cfsp) 2015/1333 is hereby amended as set out in the annex to this decision. article 2 this decision shall enter into force on the date of its publication in the official journal of the european union. done at brussels, 8 november 2017. for the council the president m. maasikas (1) oj l 206, 1.8.2015, p. 34. annex in section b (entities) of annex v to decision (cfsp) 2015/1333, entry 2 is replaced by the following: 2. name: lynn s a.k.a.: n.a. f.k.a.: n.a. address: n.a. listed on:2 august 2017 additional information imo: 8706349. listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). pursuant to paragraph 11 of resolution 2146 (2014), this designation was renewed by the committee on 31 october 2017 and is valid until 29 january 2018, unless terminated earlier by the committee pursuant to paragraph 12 of resolution 2146 (2014). flag state: saint vincent and the grenadines. as of 6 october 2017, the vessel was located in the territorial waters of lebanon, when it set sail heading west.

name: commission implementing decision (eu) 2017/2000 of 6 november 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (notified under document c(2017) 7467) (text with eea relevance. ) type: decision_impl subject matter: international trade; agricultural activity; regions of eu member states; europe; agricultural policy date published: 2017-11-08 8.11.2017 en official journal of the european union l 289/9 commission implementing decision (eu) 2017/2000 of 6 november 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (notified under document c(2017) 7467) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, whereas: (1) commission implementing decision (eu) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5 in a number of member states (the concerned member states), and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with article 16(1) of council directive 2005/94/ec (4). (2) implementing decision (eu) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned member states in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annex to that implementing decision. implementing decision (eu) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in article 29(1) and article 31 of directive 2005/94/ec, are to be maintained until at least the dates for those zones set out in the annex to that implementing decision. (3) since the date of its adoption, implementing decision (eu) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the union as regards avian influenza. in particular, implementing decision (eu) 2017/247 was amended by commission implementing decision (eu) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the annex to implementing decision (eu) 2017/247. that amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities. (4) implementing decision (eu) 2017/247 was also subsequently amended by commission implementing decision (eu) 2017/1841 (6) in order to strengthen the disease control measures applicable where there is an increased risk for the spread of highly pathogenic avian influenza. consequently, implementing decision (eu) 2017/247 now provides for the establishment at union level of further restricted zones in the concerned member states, as referred to in article 16(4) of directive 2005/94/ec, following an outbreak or outbreaks of highly pathogenicavian influenza, and the duration of the measures to be applied therein. implementing decision (eu) 2017/247 now also lays down rules for the dispatch of live poultry, day-old chicks and hatching eggs from the further restricted zones to other member states, subject to certain conditions. (5) in addition, the annex to implementing decision (eu) 2017/247 has been amended numerous times to take account of changes in the boundaries of the protection and surveillance zones established by the concerned member states in accordance with directive 2005/94/ec. the annex to implementing decision (eu) 2017/247 was last amended by commission implementing decision (eu) 2017/1969 (7), following the notification by italy of further outbreaks of highly pathogenic avian influenza in the regions of lombardia and veneto and by bulgaria of a further outbreak of this disease in the region of haskovo in those two member states. italy and bulgaria also notified the commission of the establishment of protection and surveillance zones around the infected poultry holdings in accordance with directive 2005/94/ec. (6) since the date of the last amendment made to implementing decision (eu) 2017/247 by implementing decision (eu) 2017/1969, italy has notified the commission of new outbreaks of highly pathogenic avian influenza of subtype h5n8 in poultry holdings, located in the region of lombardia of that member state. italy has also notified the commission that it has taken the necessary measures required in accordance with directive 2005/94/ec following those recent outbreaks, including the establishment of protection and surveillance zones around all the infected poultry holdings. (7) the commission has examined the measures taken by italy in accordance with directive 2005/94/ec, following the recent outbreaks of highly pathogenic avian influenza in that member state, and it is satisfied that the boundaries of the protection and surveillance zones established by the competent authorities of italy are at a sufficient distance to any poultry holding where an outbreak of highly pathogenic avian influenza of subtype h5n8 has been confirmed. (8) in order to prevent any unnecessary disturbance to trade within the union, and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at union level, in collaboration with italy, the protection and surveillance zones established in italy, in accordance with directive 2005/94/ec, following the recent outbreaks of highly pathogenic avian influenza in that member state. therefore, the entries for italy in the annex to implementing decision (eu) 2017/247 should be updated to take account of the up-to-date epidemiological situation in that member state as regards that disease. in particular, new entries for the protection and surveillance zones in the region of lombardia in italy, now subject to restrictions in accordance with directive 2005/94/ec, should be added to the lists in the annex to implementing decision (eu) 2017/247. (9) the annex to implementing decision (eu) 2017/247 should therefore be amended to update regionalization at union level to include the protection and surveillance zones established in italy, in accordance with directive 2005/94/ec, following the recent outbreaks of highly pathogenic avian influenza in that member state, and the duration of the restrictions applicable therein. (10) implementing decision (eu) 2017/247 should therefore be amended accordingly. (11) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 the annex to implementing decision (eu) 2017/247 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 6 november 2017. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) commission implementing decision (eu) 2017/247 of 9 february 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 36, 11.2.2017, p. 62). (4) council directive 2005/94/ec of 20 december 2005 on community measures for the control of avian influenza and repealing directive 92/40/eec (oj l 10, 14.1.2006, p. 16). (5) commission implementing decision (eu) 2017/696 of 11 april 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 101, 13.4.2017, p. 80). (6) commission implementing decision (eu) 2017/1841 of 10 october 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 261, 11.10.2017, p. 26). (7) commission implementing decision (eu) 2017/1969 of 27 october 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member (oj l 279, 28.10.2017, p. 56). annex the annex to implementing decision (eu) 2017/247 is amended as follows: (1) in part a, the entry for italy is replaced by the following: member state: italy area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec the area of the parts of emilia romagna region (adns 17/0042) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n44,841419 e12,076444 7.11.2017 the area of the parts of lombardia region (adns 17/0044) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,722409 e9,919093 1.11.2017 the area of the parts of veneto region (adns 17/0045) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,290336 e11,519548 31.10.2017 the area of the parts of lombardia region (adns 17/0046) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,756437 e9,455312 4.11.2017 the area of the parts of veneto region (adns 17/0047) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,349331 e11,62633 3.11.2017 the area of the parts of lombardia region (adns 17/0048) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,29094 e10,155602 3.11.2017 the area of the parts of lombardia region (adns 17/0049) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,83366 e9,569411 6.11.2017 the area of the parts of lombardia region (adns 17/0050) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,29899 e10,160651 7.11.2017 the area of the parts of lombardia region (adns 17/0051) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n46,159367 e9,952605 6.11.2017 the area of the parts of lombardia and veneto regions (adns 17/0052) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,265801 e10,648984 8.11.2017 the area of the parts of veneto region (adns 17/0053) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,380042 e11,797878 9.11.2017 the area of the parts of veneto region (adns 17/0054) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,367753 e11,845547 9.11.2017 the area of the parts of lombardia region (adns 17/0055) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,273174 e10,147377 15.11.2017 the area of the parts of lombardia region (adns 17/0056) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,258721 e10,137106 12.11.2017 the area of the parts of lombardia region (adns 17/0057) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,715443 e9,908386 15.11.2017 the area of the parts of lombardia region (adns 17/0058) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,53889 e9,344072 15.11.2017 the area of the parts of lombardia region (adns 17/0059) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,288632 e10,352774 18.11.2017 the area of the parts of lombardia region (adns 17/0060) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,275251 e10,160212 28.11.2017 the area of the parts of lombardia region (adns 17/0061) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,273215 e10,15843 28.11.2017 the area of the parts of lombardia region (adns 17/0062) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,279373 e10,243124 28.11.2017 (2) in part b, the entry for italy is replaced by the following: member state: italy area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec the area of the parts of emilia romagna region (adns 17/0042) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n44,841419 e12,076444 from 8.11.2017 to 16.11.2017 the area of the parts of emilia romagna region (adns 17/0042) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n44,841419 e12,076444 16.11.2017 the area of the parts of veneto region (adns 17/0043) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,307356 e11,503742 from 31.10.2017 to 8.11.2017 the area of the parts of veneto region (adns 17/0043) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,307356 e11,503742 8.11.2017 the area of the parts of lombardia region (adns 17/0044) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,722409 e9,919093 from 2.11.2017 to 10.11.2017 the area of the parts of lombardia region (adns 17/0044) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,722409 e9,919093 10.11.2017 the area of the parts of veneto region (adns 17/0045) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,290336 e11,519548 from 1.11.2017 to 9.11.2017 the area of the parts of veneto region (adns 17/0045) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,290336 e11,519548 9.11.2017 the area of the parts of lombardia region (adns 17/0046) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,756437 e9,455312 from 5.11.2017 to 13.11.2017 the area of the parts of lombardia region (adns 17/0046) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,756437 e9,455312 13.11.2017 the area of the parts of veneto region (adns 17/0047) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,349331 e11,62633 from 4.11.2017 to 12.11.2017 the area of the parts of veneto region (adns 17/0047) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,349331 e11,62633 12.11.2017 the area of the parts of lombardia region (adns 17/0048) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,29094 e10,155602 from 4.11.2017 to 12.11.2017 the area of the parts of lombardia region (adns 17/0048) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,29094 e10,155602 12.11.2017 the area of the parts of lombardia region (adns 17/0049) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,83366 e9,569411 from 7.11.2017 to 15.11.2017 the area of the parts of lombardia region (adns 17/0049) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,83366 e9,569411 15.11.2017 the area of the parts of lombardia region (adns 17/0050) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,29899 e10,160651 from 8.11.2017 to 16.11.2017 the area of the parts of lombardia region (adns 17/0050) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,29899 e10,160651 16.11.2017 the area of the parts of lombardia region (adns 17/0051) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n46,159367 e9,952605 from 7.11.2017 to 15.11.2017 the area of the parts of lombardia region (adns 17/0051) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n46,159367 e9,952605 15.11.2017 the area of the parts of lombardia and veneto regions (adns 17/0052) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,265801 e10,648984 from 9.11.2017 to 17.11.2017 the area of the parts of lombardia and veneto regions (adns 17/0052) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,265801 e10,648984 17.11.2017 the area of the parts of veneto region (adns 17/0053) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,380042 e11,797878 from 10.11.2017 to 18.11.2017 the area of the parts of veneto region (adns 17/0053) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,380042 e11,797878 18.11.2017 the area of the parts of veneto region (adns 17/0054) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,367753 e11,845547 from 10.11.2017 to 18.11.2017 the area of the parts of veneto region (adns 17/0054) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,367753 e11,845547 18.11.2017 the area of the parts of lombardia region (adns 17/0055) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,273174 e10,147377 from 16.11.2017 to 24.11.2017 the area of the parts of veneto region (adns 17/0055) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,27317 e10,147377 24.11.2017 the area of the parts of lombardia region (adns 17/0056) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,258721 e10,137106 from 13.11.2017 to 21.11.2017 the area of the parts of veneto region (adns 17/0056) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,258721 e10,137106 21.11.2017 the area of the parts of lombardia region (adns 17/0057) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,715443 e9,908386 from 16.11.2017 to 24.11.2017 the area of the parts of lombardia region (adns 17/0057) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,715443 e9,908386 24.11.2017 the area of the parts of lombardia region (adns 17/0058) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,53889 e9,344072 from 16.11.2017 to 24.11.2017 the area of the parts of lombardia region (adns 17/0058) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,53889 e9,344072 24.11.2017 the area of the parts of lombardia region (adns 17/0059) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,288632 e10,352774 from 19.11.2017 to 27.11.2017 the area of the parts of lombardia region (adns 17/0059) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,288632 e10,352774 27.11.2017 the area of the parts of lombardia region (adns 17/0060) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,275251 e10,160212 from 29.11.2017 to 7.12.2017 the area of the parts of lombardia region (adns 17/0060) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,275251 e10,160212 7.12.2017 the area of the parts of lombardia region (adns 17/0061) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,273215 e10,15843 from 29.11.2017 to 7.12.2017 the area of the parts of lombardia region (adns 17/0061) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,273215 e10,15843 7.12.2017 the area of the parts of lombardia region (adns 17/0062) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45,279373 e10,243124 from 29.11.2017 to 7.12.2017 the area of the parts of lombardia region (adns 17/0062) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45,279373 e10,243124 7.12.2017

name: council decision (eu, euratom) 2017/1998 of 6 november 2017 appointing a member, proposed by the kingdom of spain, of the european economic and social committee type: decision subject matter: europe; eu institutions and european civil service date published: 2017-11-08 8.11.2017 en official journal of the european union l 289/7 council decision (eu, euratom) 2017/1998 of 6 november 2017 appointing a member, proposed by the kingdom of spain, of the european economic and social committee the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 302 thereof, having regard to the treaty establishing the european atomic energy community, and in particular article 106a thereof, having regard to the proposal of the spanish government, having regard to the opinion of the european commission, whereas: (1) on 18 september 2015 and 1 october 2015, the council adopted decisions (eu, euratom) 2015/1600 (1) and (eu, euratom) 2015/1790 (2) appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020. (2) a member's seat on the european economic and social committee has become vacant following the end of the term of office of ms catalina ana vicens guill n, has adopted this decision: article 1 ms mar a nikolopoulou, comisiones obreras (cc.oo), is hereby appointed as a member of the european economic and social committee for the remainder of the current term of office, which runs until 20 september 2020. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 6 november 2017. for the council the president t. tamm (1) council decision (eu, euratom) 2015/1600 of 18 september 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 248, 24.9.2015, p. 53). (2) council decision (eu, euratom) 2015/1790 of 1 october 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 260, 7.10.2015, p. 23).

name: commission decision (eu) 2017/1995 of 6 november 2017 to maintain in the official journal of the european union the reference of harmonised standard en 13341:2005 + a1:2011 on static thermoplastic tanks for above-ground storage of domestic heating oils, kerosene and diesel fuels in accordance with regulation (eu) no 305/2011 of the european parliament and of the council (text with eea relevance. ) type: decision subject matter: oil industry; technology and technical regulations; chemistry; distributive trades; european organisations date published: 2017-11-07 7.11.2017 en official journal of the european union l 288/36 commission decision (eu) 2017/1995 of 6 november 2017 to maintain in the official journal of the european union the reference of harmonised standard en 13341:2005 + a1:2011 on static thermoplastic tanks for above-ground storage of domestic heating oils, kerosene and diesel fuels in accordance with regulation (eu) no 305/2011 of the european parliament and of the council (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 305/2011 of the european parliament and of the council of 9 march 2011 laying down harmonised conditions for the marketing of construction products and repealing council directive 89/106/eec (1), and in particular article 18(2) thereof, whereas: (1) pursuant to regulation (eu) no 305/2011, harmonised standards provided for in article 17 are to fulfil the requirements of the harmonised system set out in or by means of this regulation. (2) in january 2011, the european committee for standardisation (cen) adopted the harmonised standard en 13341:2005 + a1: 2011 static thermoplastic tanks for above ground storage of domestic heating oils, kerosene and diesel fuels blow moulded and rotationally moulded polyethylene tanks and rotationally moulded tanks made of anionically polymerized polyamide 6 requirements and test methods. the reference of the standard was subsequently published in the official journal of the european union (2). the reference of the standard was republished several times with the latest publication in 2017 (3). (3) on 21 august 2015 germany launched a formal objection procedure in respect of the harmonised standard en 13341:2005 + a1:2011. the formal objection was based on the lack of harmonised methods in that standard for ensuring the mechanical resistance, load-bearing capacity, stability and resistance to fragmentation or crushing of the products in question when installed in earthquake or flood areas. consequently, germany demanded the restriction of the reference of the standard published in the official journal of the european union by excluding earthquake or flood areas from its scope, or alternatively the withdrawal of that reference of the standard altogether. (4) according to germany, that standard does not contain any stipulations for ascertaining the performance of the construction products in question when they are installed in areas where a risk of earthquakes or flooding exists. the necessary assessment methods for those purposes are completely missing, when it comes to design, support construction or anchoring the tanks. moreover, the extent to which impacts resulting from loads from earthquakes or floods can be absorbed by them, cannot be assessed either. (5) germany considered these shortcomings to constitute a violation of article 17(3) of regulation (eu) no 305/2011, as the standard at hand did not entirely satisfy the requirements set out in the relevant mandate as provided in article 18 of that regulation. (6) when assessing the admissibility of the claims brought forward, it should be noted that the additional alleged needs brought forward by germany relate to the installation and the subsequent use of the products in question in areas where a risk of earthquakes or flooding exists. (7) however, according to article 17(3) of regulation (eu) no 305/2011, harmonised standards are to provide the methods and the criteria for assessing the performance of the products covered by them. the purpose of the harmonised system set out in or by means of that regulation is to lay down harmonised conditions for the marketing of construction products, not to provide rules for their installation or their use. (8) the rights to bring forward formal objections in accordance with article 18 of regulation (eu) no 305/2011 cannot, however, be extended to claims focusing on other matters than the content of the standards in question. such claims are therefore to be considered inadmissible in the context of formal objections. (9) therefore, and since the first demand of germany, to restrict the reference of the standard by excluding earthquake or flood areas from its scope of application, focuses on other matters than the content of the standard in question, it should be considered inadmissible. (10) the general alternative demand of germany, to withdraw the reference of the standard altogether, is mainly based on the inadequacy of the standard as it stands, especially when it comes to the installation and the subsequent use of the products in question in earthquake or flood areas. (11) however, member states remain fully entitled to regulate the specific conditions for the installation or the use of construction products, provided that such specific conditions do not entail requirements for the assessment of the performance of the products in breach of the harmonised system. member states are thus able to prohibit or limit the installation or use of the products in question in earthquake or flood areas, as currently is the case in germany. (12) on the basis of the contents of en 13341:2005 + a1:2011 as well as the information submitted by germany, by cen and by industry, and after consulting the committees established by article 64 of regulation (eu) no 305/2011 and by article 22 of regulation (eu) no 1025/2012 of the european parliament and of the council (4), it is widely agreed that the reference of that standard should be maintained in the official journal of the european union. (13) the alleged incompleteness of that standard should thus not be considered a sufficient reason for complete withdrawal of the reference of the standard en 13341:2005 + a1:2011 from the official journal of the european union. (14) the reference of en 13341:2005 + a1:2011 should therefore be maintained in the official journal of the european union, has adopted this decision: article 1 the reference of harmonised standard en 13341:2005 + a1:2011 static thermoplastic tanks for above ground storage of domestic heating oils, kerosene and diesel fuels blow moulded and rotationally moulded polyethylene tanks and rotationally moulded tanks made of anionically polymerized polyamide 6 requirements and test methods shall be maintained in the official journal of the european union. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 6 november 2017. for the commission the president jean-claude juncker (1) oj l 88, 4.4.2011, p. 5. (2) commission communication in the framework of the implementation of council directive 89/106/eec of 21 december 1988 on the approximation of laws, regulations and administrative provisions of the member states relating to construction products (oj c 246, 24.8.2011, p. 1). (3) commission communication in the framework of the implementation of regulation (eu) no 305/2011 of the european parliament and of the council laying down harmonised conditions for the marketing of construction products and repealing council directive 89/106/eec (oj c 267, 11.8.2017, p. 16). (4) regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council (oj l 316, 14.11.2012, p. 12).

name: council decision (eu) 2017/1960 of 23 october 2017 on the signing, on behalf of the union, and provisional application of the protocol setting out the fishing opportunities and the financial contribution provided for by the fisheries partnership agreement between the european union and the republic of mauritius type: decision subject matter: international affairs; africa; fisheries; european construction date published: 2017-10-28 28.10.2017 en official journal of the european union l 279/1 council decision (eu) 2017/1960 of 23 october 2017 on the signing, on behalf of the union, and provisional application of the protocol setting out the fishing opportunities and the financial contribution provided for by the fisheries partnership agreement between the european union and the republic of mauritius the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 43 in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 28 january 2014, the council adopted decision 2014/146/eu (1) on the conclusion of the fisheries partnership agreement between the european union and the republic of mauritius (the agreement). (2) the first protocol (2) to the agreement set out, for a period of three years, the fishing opportunities granted to union vessels in the fishing zone under the sovereignty or jurisdiction of the republic of mauritius (mauritius) and the financial contribution granted by the union. the period of application of that protocol expired on 27 january 2017. (3) the commission has negotiated, on behalf of the union, a new protocol setting out the fishing opportunities and the financial contribution provided for by the fisheries partnership agreement between the european union and the republic of mauritius (the protocol). the protocol was initialled on 26 april 2017. (4) the objective of the protocol is to enable the union and mauritius to work more closely on promoting a sustainable fisheries policy, sound exploitation of fisheries resources in mauritius waters, and mauritius's efforts to develop its sustainable ocean economy. (5) the protocol should be signed. (6) in order to ensure an expeditious start to fishing activities of union vessels, the protocol should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force, has adopted this decision: article 1 the signing on behalf of the union of the protocol setting out the fishing opportunities and the financial contribution provided for by the fisheries partnership agreement between the european union and the republic of mauritius (the protocol) is hereby authorised, subject to the conclusion of the said protocol. the text of the protocol is attached to this decision. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the protocol on behalf of the union. article 3 in accordance with article 15 of the protocol, the protocol shall be applied on a provisional basis, as from the signature thereof, pending the completion of the procedures necessary for its entry into force. article 4 this decision shall enter into force on the third day following that of its publication in the official journal of the european union. done at luxembourg, 23 october 2017. for the council the president k. iva (1) council decision 2014/146/eu of 28 january 2014 on the conclusion of the fisheries partnership agreement between the european union and the republic of mauritius (oj l 79, 18.3.2014, p. 2). (2) protocol setting out the fishing opportunities and the financial contribution provided for by the fisheries partnership agreement between the european union and the republic of mauritius (oj l 79, 18.3.2014, p. 9).

name: council decision (eu) 2017/1947 of 23 october 2017 establishing the position to be taken on behalf of the european union within the joint committee set up under the agreement between the european union and the republic of armenia on the facilitation of the issuance of visas, with regard to the adoption of common guidelines for the implementation of that agreement type: decision subject matter: international law; european construction; eu institutions and european civil service; europe date published: 2017-10-26 26.10.2017 en official journal of the european union l 276/44 council decision (eu) 2017/1947 of 23 october 2017 establishing the position to be taken on behalf of the european union within the joint committee set up under the agreement between the european union and the republic of armenia on the facilitation of the issuance of visas, with regard to the adoption of common guidelines for the implementation of that agreement the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (a) of article 77(2), in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) article 12 of the agreement between the european union and armenia on the facilitation of the issuance of visas (1) (the agreement) sets up a joint committee (the joint committee). it provides that the joint committee is, in particular, to monitor the implementation of the agreement. (2) regulation (ec) no 810/2009 of the european parliament and of the council (2) provides for the procedures and conditions for issuing visas for transit through, or intended stays on, the territory of the member states not exceeding 90 days in any 180-day period. (3) common guidelines are required to ensure a fully harmonised implementation of the agreement by the diplomatic missions and consular posts of the member states and to clarify the relationship between the provisions of the agreement and the provisions of the legislation of the parties to the agreement that continue to apply to visa issues not covered by the agreement. (4) it is appropriate to establish the position to be taken on the union's behalf within the joint committee with regard to the adoption of common guidelines for the implementation of the agreement. (5) this decision constitutes a development of the provisions of the schengen acquis in which the united kingdom does not take part, in accordance with council decision 2000/365/ec (3); the united kingdom is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (6) this decision constitutes a development of the provisions of the schengen acquis in which ireland does not take part, in accordance with council decision 2002/192/ec (4); ireland is therefore not taking part in the adoption of this decision and is not bound by it or subject to its application. (7) in accordance with articles 1 and 2 of protocol no 22 on the position of denmark, annexed to the treaty on european union and to the treaty on the functioning of the european union, denmark is not taking part in the adoption of this decision and is not bound by it or subject to its application, has adopted this decision: article 1 the position to be taken on the behalf of the european union within the joint committee set up under article 12 of the agreement between the european union and the republic of armenia on the facilitation of the issuance of visas, with regard to the adoption of common guidelines for the implementation of that agreement, shall be based on the draft decision of the joint committee attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at luxembourg, 23 october 2017. for the council the president k. iva (1) oj l 289, 31.10.2013, p. 2. (2) regulation (ec) no 810/2009 of the european parliament and of the council of 13 july 2009 establishing a community code on visas (visa code) (oj l 243, 15.9.2009, p. 1). (3) council decision 2000/365/ec of 29 may 2000 concerning the request of the united kingdom of great britain and northern ireland to take part in some of the provisions of the schengen acquis (oj l 131, 1.6.2000, p. 43). (4) council decision 2002/192/ec of 28 february 2002 concerning ireland's request to take part in some of the provisions of the schengen acquis (oj l 64, 7.3.2002, p. 20). draft decision no / of the joint committee set up under the agreement between the european union and the republic of armenia on the facilitation of the issuance of visas of with regard to the adoption of common guidelines for the implementation of that agreement the joint committee, having regard to the agreement between the european union and the republic of armenia on facilitating the issue of visas (1) (the agreement), and in particular article 12 thereof, whereas the agreement entered into force on 1 january 2014, has adopted this decision: article 1 the common guidelines for the implementation of the agreement between the european union and the republic of armenia on the facilitation the issuance of visas are set out in the annex to this decision. article 2 this decision shall enter into force on the date of its adoption. done at , for the european union for the republic of armenia (1) oj l 289, 31.10.2013, p. 2. annex common guidelines for the implementation of the agreement between the european union and the republic of armenia on the facilitation of the issuance of visas the purpose of the agreement between the european union and the republic of armenia on the facilitation of the issuance of visas (the agreement), which entered into force on 1 january 2014, is to facilitate, on the basis of reciprocity, the procedures for issuing visas for an intended stay of no more than 90 days per period of 180 days to the citizens of armenia. the agreement establishes, on the basis of reciprocity, legally binding rights and obligations for the purpose of simplifying the procedures for the issuing of visas to the citizens of armenia. these guidelines, adopted by the joint committee set up under article 12 of the agreement (the joint committee), aim at ensuring a harmonised implementation of the agreement by the diplomatic missions and consular posts of the member states of the union (member states). these guidelines are not part of the agreement and are therefore not legally binding. however, it is highly recommended that diplomatic and consular staff consistently follow them when implementing the agreement. these guidelines are intended to be updated in light of the experience gained in the implementation of the agreement under the responsibility of the joint committee. in order to ensure the continued and harmonised implementation of the agreement and in conformity with the rules of procedure of the joint committee, the parties agreed to undertake informal contacts between the formal meetings of the joint committee, in order to deal with urgent issues. detailed reports about these issues and the informal contacts will be submitted at the subsequent joint committee meeting. i. general issues 1.1. purpose and scope of application article 1(1) of the agreement provides that: 1. the purpose of this agreement is to facilitate the issuance of visas for an intended stay of no more than 90 days per period of 180 days to the citizens of armenia. the agreement applies to all citizens of armenia who apply for a short-stay visa, whichever country they reside in. the agreement does not apply to stateless persons holding a residence permit issued by armenia. the rules of the union visa acquis apply to that category of persons. as from 10 january 2013, all citizens of the union and citizens of the schengen associated countries are exempted from the visa requirement when travelling to armenia for a period of time not exceeding 90 days or when transiting through the territory of armenia. article 1(2) of the agreement provides that: 2. if armenia reintroduces the visa requirements for the citizens of the union or certain categories of them, the same facilitations granted under this agreement to the citizens of armenia would automatically, on the basis of reciprocity, apply to the citizens of the union concerned. 1.2. scope of the agreement article 2 of the agreement provides that: 1. the visa facilitations provided in this agreement shall apply to citizens of armenia only insofar as they are not exempted from the visa requirement by the laws and regulations of the union or the member states, this agreement or other international agreements. 2. the national law of armenia or of the member states or the union law shall apply to issues not covered by the provisions of this agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures. the agreement, without prejudice to article 10 thereof, does not affect the existing rules on visa obligations and visa exemptions. for instance, article 4 of council regulation (ec) no 539/2001 (1) allows member states to exempt from the visa requirement, among other categories of persons, civilian air and sea crews. in that context, it should be added that in accordance with 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 (2), all schengen member states must recognise long-stay visas and residence permits issued by each other as valid for short stays on each other's territories. all schengen member states accept residence permits, d visas and short-stay visas of schengen associated countries for entry and short stay and vice versa. regulation (ec) no 810/2009 of the european parliament and of the council (3) (the visa code) applies to all issues not covered by the agreement, such as the determination of the schengen member state responsible for processing a visa application, the motivation of a refusal to issue a visa, the right to appeal against a negative decision and the general rule of the personal interview with the visa applicant and providing all relevant information in relation to the visa application. furthermore, schengen rules (i.e. the refusal of entry in the territory, proof of sufficient means of subsistence etc.) and national law (i.e. the recognition of travel documents, expulsion measures etc.) continue also to apply to issues which are not covered by the agreement. even if the conditions provided for in the agreement are met, for example, proof of documentary evidence regarding the purpose of the journey for the categories provided for in article 4 is provided by the visa applicant, the issuance of the visa can still be refused if the conditions laid down in article 6 of regulation (eu) 2016/399 of the european parliament and of the council (4) (schengen borders code) are not fulfilled, i.e. the person is not in possession of a valid travel document, an alert in the schengen information system (sis) has been issued, the person is considered to be a threat to public policy, internal security, etc. other flexibilities in the issuing of visas provided for by the visa code continue to apply. for instance, multiple-entry visas for a long period of validity up to five years can be issued to categories of persons other than those mentioned in article 5 of the agreement, if the conditions provided for in article 24 of the visa code are met. in the same way, the provisions contained in article 16(5) and (6) of the visa code allowing waiver or reduction of the visa fee will continue to apply. 1.3. types of visas falling within the scope of the agreement point (d) of article 3 of the agreement defines a visa as an authorisation issued by a member state with a view to transiting through or an intended stay of a duration of no more than 90 days in any 180-day period in the territory of member states;. the facilitations provided by the agreement apply both to uniform visas and to visas with limited territorial validity. 1.4. calculation of the length of stay authorised by a visa regulation (eu) no 610/2013 of the european parliament and of the council (5) has re-defined the notion of short-stay. the current definition of short-stay reads as follows: no more than 90 days in any 180-day period, which entails considering the 180-day period preceding each day of stay. that definition entered into force on 18 october 2013 and is contained in the schengen borders code. the day of entry will be calculated as the first day of stay in the territory of the member states and the day of exit will be calculated as the last day of stay in the territory of the member states. the notion of any implies the application of a moving 180-day reference period, on each day of the stay looking back to the last 180-day period, in order to verify if the 90/180-day requirement continues to be fulfilled. that means that an absence from the territory of the member states for an uninterrupted period of 90 days allows for a new stay of up to 90 days. a short-stay calculator, which can be used for calculating the period of allowed stay under the new rules, can be found on-line at the following address: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/borders-and-visas/border-crossing/index_en.htm. example of calculation of stay on the basis of the current definition: a person holding a multiple-entry visa for 1 year (18 april 2014 18 april 2015) enters for the first time on 19 april 2014 and stays for three days. then the same person enters again on 18 june 2014 and stays for 86 days. what is the situation on specific dates? when will that person be allowed to enter again? on 11 september 2014: over the last 180 days (16 march 2014 11 september 2014) the person had stayed for three days (19-21 april 2014) plus 86 days (18 june 2014 11 september 2014) = 89 days = no overstay. the person may still stay for up to one day. as of 16 october 2014: the person might enter for a stay of three additional days. on 16 october 2014 the stay on 19 april 2014 becomes irrelevant (outside the 180-day period); on 17 october 2014 the stay on 20 april 2014 becomes irrelevant (outside the 180-day period; etc.). as of 15 december 2014: the person might enter for 86 additional days. on 15 december 2014 the stay on 18 june 2014 becomes irrelevant (outside the 180-day period); on 16 december 2014 the stay on 19 june 2014 becomes irrelevant, etc.). 1.5. situation regarding the member states that do not yet fully apply the schengen acquis, member states that do not participate in the union common visa policy and associated countries member states that joined the union in 2004 (the czech republic, estonia, cyprus, latvia, lithuania, hungary, malta, poland, slovenia and slovakia), 2007 (bulgaria and romania), and 2013 (croatia) are bound by the agreement as from its entry into force. bulgaria, croatia, cyprus and romania do not yet fully implement the schengen acquis. they will continue issuing national visas with a validity limited to their own national territory. once those member states fully implement the schengen acquis, they will apply the agreement in full. national law continues to apply to all issues not covered by the agreement until the date of full implementation of the schengen acquis by those member states. as from that date, schengen rules and/or national law shall apply to issues not covered by the agreement. bulgaria, croatia, cyprus and romania are authorised to recognise residence permits, d visas and short-stay visas issued by all schengen member states and associated countries for short stays on their territory. (6) the agreement does not apply to denmark, ireland and the united kingdom but includes joint declarations about the desirability of those member states to conclude bilateral agreements on visa facilitation with armenia. although associated to schengen, iceland, liechtenstein, norway and switzerland, are not bound by the agreement. however, the agreement includes a joint declaration about the desirability of those schengen associated countries to conclude, without delay, bilateral agreements on the facilitation of the issuance of short-stay visas with armenia. 1.6. the agreement and bilateral agreements article 13 of the agreement provides that: as from its entry into force, this agreement shall take precedence over provisions of any bilateral or multilateral agreements or arrangements concluded between individual member states and armenia, in so far as the provisions of the latter agreements or arrangements cover issues dealt with by this agreement. as from the date of entry into force of the agreement, provisions of the bilateral agreements in force between member states and armenia on issues covered by the agreement ceased to apply. in accordance with union law, member states have to take the necessary measures to eliminate the incompatibilities between their bilateral agreements and the agreement. should a member state have concluded a bilateral agreement or arrangement with armenia on issues not covered by the agreement, such agreement or arrangement would continue to apply after the entry into force of the agreement. ii. specific provisions 2.1. rules that apply to all visa applicants it is recalled that the facilitations mentioned below, with regard to the visa fee, the length of procedures for processing visa applications, departure in case documents are lost or stolen, and the extension of visa in exceptional circumstances, apply to all armenian visa applicants and visa holders, including tourists. 2.1.1. fees for processing visa applications article 6(1) of the agreement provides that: 1. the fee for processing visa applications shall amount to eur 35. in accordance with article 6(1) of the agreement, the fee for processing a visa application is eur 35. that fee applies to all armenian visa applicants (including tourists) and concerns short-stay visas, irrespective of the number of entries. article 6(2) of the agreement provides that (nb: any implementing arrangements follow the category): 2. without prejudice to paragraph 3 of this article, fees for processing the visa application are waived for the following categories of persons: (a) pensioners;. in order to benefit from the fee waiver for this category, visa applicants must present a proof of their pensioner status, i.e. pension book or certificate on receiving pension. the fee waiver is not justified in cases where the purpose of the journey is paid activity. (b) children under the age of 12;. in order to benefit from the fee waiver for this category, visa applicants must present evidence proving their age. (c) members of national and regional governments and of constitutional and supreme courts, in case they are not exempted from the visa requirement by this agreement;. members of regional governments will be understood as members of territorial administration, i.e. governors of the regions (marzpet) and their deputies, as well as the mayor of yerevan and his/her deputy. in order to benefit from the fee waiver for this category, visa applicants must present evidence from the armenian authorities proving their position. (d) persons with disabilities and the persons accompanying them, if necessary;. in order to benefit from the fee waiver, evidence should be provided that both visa applicants fall under this category. in case of disability, visa applicants have to present an extract from the medical certificate attesting the disability. in cases where the disability of the visa applicants is obvious (blind persons, people missing limbs) the visual recognition at the consular post is acceptable. in justified cases the visa application may be submitted by a representative or the guardian of the disabled person. (e) close relatives spouse, children (including adopted), parents (including custodians), grandparents or grandchildren of citizens of armenia legally residing in the territory of the member states, or citizens of the union residing in the territory of the member state of which they are nationals; (f) members of official delegations, including permanent members of official delegations, who, following an official invitation addressed to armenia, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of one of the member states by intergovernmental organisations; (g) pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including exchange programmes as well as other school-related activities; (h) journalists and technical crew accompanying them in a professional capacity;. in order to benefit from the fee waiver for this category, visa applicants must present proof of being members of professional journalistic or media organisations. (i) participants in international sport events and persons accompanying them in a professional capacity;. supporters will not be considered as accompanying persons. (j) representatives of civil society organisations and persons invited by armenian community non-profit organisations registered in the member states when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes or pan-armenian and community support programmes;. in order to benefit from the fee waiver for this category, visa applicants must present proof of being members of civil society organisations or non-profit organisations. (k) persons participating in scientific, academic, cultural or artistic activities, including university and other exchange programmes; (l) persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such person, or to attend a funeral of a close relative or to visit a seriously ill close relative. the fee is waived for the above-mentioned categories of persons. in addition, the fee is also waived, in accordance with article 16(4) of the visa code, for the following categories of persons: researchers from third countries travelling within the european union for the purpose of carrying out scientific research as defined in recommendation 2005/761/ec of the european parliament and of the council (7); representatives of non-profit organisations aged 25 years or less participating in seminars, conferences, sports, cultural or educational events organised by non-profit organisations. article 16(6) of the visa code provides that: 6. in individual cases, the amount of the visa fee to be charged may be waived or reduced when to do so serves to promote cultural or sporting interests as well as interests in the field of foreign policy, development policy and other areas of vital public interest or for humanitarian reasons. article 16(7) of the visa code provides that the visa fee is to be charged in euro, in the national currency of the third country or in the currency usually used in the third country where the application is lodged, and is not refundable except in the case of an inadmissible application or if the consulate is not competent. in order to avoid discrepancies which could lead to visa shopping, diplomatic missions and consular posts of the member states in armenia should ensure similar visa fees for all armenian visa applicants when charged in foreign currencies. armenian visa applicants will be given a receipt for the visa fee paid in accordance with article 16(8) of the visa code. article 6(3) of the agreement provides that: 3. if a member state cooperates with an external service provider in view of issuing a visa the external service provider may charge a service fee. this fee shall be proportionate to the costs incurred by the external service provider while performing its tasks and shall not exceed eur 30. the member states shall maintain the possibility for all applicants to lodge their applications directly at their consulates. with regard to the modalities of the cooperation with external services providers, article 43 of the visa code provides detailed information concerning their tasks. 2.1.2. length of procedures for processing visa applications article 7 of the agreement provides that: 1. diplomatic missions and consular posts of the member states shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa. 2. the period of time for taking a decision on a visa application may be extended up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed. 3. the period of time for taking a decision on a visa application may be reduced to 2 working days or less in urgent cases. a decision on the visa application will be taken, in principle, within 10 calendar days of the date of the lodging of an admissible visa application. that period may be extended up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed or, in case of representation, where the authorities of the represented member state are consulted. all those deadlines start running only when the visa application file is complete, i.e. as from the date of receipt of the visa application and supporting documents. as a principle, for diplomatic missions and consular posts of the member states that have an appointment system, the waiting time to get an appointment is not included in the processing time. the general rules set out in article 9 of the visa code are applicable to this issue as well as to other practical arrangements for lodging a visa application. as provided for in article 7(4) of the agreement, where an appointment is required for the lodging of an application, it shall, as a rule, take place within a period of two weeks from the date the appointment was requested. in justified cases of urgency (where the visa application could not have been lodged earlier for reasons that could not have been foreseen by the applicant), the consulate may allow applicants to lodge their applications either without appointment, or an appointment shall be given immediately. when setting the appointment, the possible urgency claimed by the visa applicant should be taken into account. the decision on reducing the time for taking a decision on a visa application as provided for in article 7(3) of the agreement is taken by the consular officer. 2.1.3. extension of visa in exceptional circumstances article 9 of the agreement provides that: citizens of armenia who are not able to leave the territory of the member states by the time stated in their visas for reasons of force majeure or humanitarian reasons shall have the term of their visas extended free of charge in accordance with the legislation applied by the receiving member state for the period required for their return to the state of their residence. with regard to extending the validity of the visa in cases of justified personal reasons, where the holder of the visa is unable to leave the territory of the member state by the date indicated on the visa sticker, the provisions of article 33 of the visa code shall apply as long as they are compatible with the agreement. however, under the agreement the extension of the visa is carried out free of charge in case of force majeure or humanitarian reasons. 2.2. rules that apply to certain categories of visa applicants 2.2.1. documentary evidence regarding the purpose of the journey for the categories of persons listed in article 4(1) of the agreement, only the indicated documentary evidence proving the purpose of the journey will be required. as provided for in article 4(3) of the agreement, no other justification, invitation or validation concerning the purpose of the journey will be required. however, this does not mean a waiver of the requirement to appear in person in order to submit the visa application or to provide supporting documents with regard to, for example, the means of subsistence. if in individual cases doubts remain regarding the authenticity of the document proving the purpose of the journey, under article 21(8) of the visa code the visa applicant may be called for an additional in-depth interview to the embassy and/or the consulate where that applicant can be questioned regarding the actual purpose of the visit or the applicant's intention to return. in such individual cases, additional documents can be provided by the visa applicant or exceptionally requested by the consular officer. the joint committee will closely monitor that issue. for the categories of persons not mentioned in article 4(1) of the agreement (for example tourists), the general rules regarding documentation proving the purpose of the journey continue to apply. the same applies to documents regarding parental consent for travel of children under 18 years of age. schengen rules and national law shall apply to issues not covered by the agreement, such as the recognition of travel documents, guarantees regarding return and sufficient means of subsistence. in principle, the original of the document required by article 4(1) of the agreement will be submitted with the visa application. however, the consulate can start processing the visa application based on the facsimile or copies of the document. nevertheless, the consulate may ask for the original document in case of the first time visa application and will ask for it in individual cases where there are doubts. article 4(1) of the agreement provides that: 1. for the following categories of citizens of armenia, the following documents are sufficient for justifying the purpose of the journey to the other party: (a) for close relatives spouses, children (including adopted), parents (including custodians), grandparents, grandchildren visiting citizens of armenia legally residing in the member states, or citizens of the european union residing in the territory of the member state of which they are nationals: a written request from the host person;. point (a) of article 4(1) of the agreement regulates the situation of armenian close relatives travelling to the member states to visit citizens of armenia legally residing in territory of the member states or citizens of the union residing in the territory of the member state of which they are nationals. the authenticity of the signature of the inviting person must be confirmed by the competent authority according to the national legislation of the country of residence. the invitation should be validated by competent authorities. in the case of diplomats, technical and administrative staff and other officials posted by the government of the republic of armenia to the member states, the authenticity of the signature must be confirmed by a letter or a note verbale issued by the head of diplomatic mission or consular post. (b) for members of official delegations including permanent members of such delegations who, following an official invitation addressed to armenia, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of one of the member states by intergovernmental organisations: a letter issued by a competent authority of armenia confirming that the applicant is a member of its delegation, respectively a permanent member of its delegation, travelling to the territory of the other party to participate in the aforementioned events, accompanied by a copy of the official invitation;. the name of the visa applicant must be stated in the letter issued by the competent authority confirming that the person is part of the delegation travelling to the territory of the other party to participate in the official meeting. the name of the visa applicant does not need to be stated in the official invitation to participate in the meeting, although this might be necessary when the official invitation is addressed to a specific person. that provision applies to members of official delegations regardless of the type of passport they hold. (c) for pupils, students, post-graduate persons and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school-related activities: a written request or a certificate of enrolment from the host university, college or school or student cards or certificates of the courses to be attended;. a student card is only accepted to justify the purpose of the journey if it has been issued by the host university, college or school where the studies or educational training are going to take place. (d) for persons travelling for medical reasons and necessary accompanying persons: an official document of the medical institution confirming necessity of medical care in this institution, the necessity of being accompanied and proof of sufficient financial means to pay for the medical treatment. the document from the medical institution confirming the three elements (the necessity of medical care in that institution, the necessity of being accompanied and the proof of sufficient financial means to pay for the medical treatment, e.g. proof of prepayment) must be submitted. (e) for journalists and technical crew accompanying them in a professional capacity: a certificate or other document issued by a professional organisation or the applicant's employer proving that the person concerned is a qualified journalist and stating that the purpose of the journey is to carry out journalistic work or proving that he/she is a member of the technical crew accompanying the journalist in a professional capacity;. this category does not cover freelance journalists and their assistants. the certificate or document proving that the visa applicant is a professional journalist or an accompanying person in a professional capacity and the original document issued by that person's employer stating that the purpose of the journey is to carry out journalistic work or assist in such work must be presented. a number of professional organisations exist in armenia, which represent the interests of journalists or accompanying persons in a professional capacity and could issue certificates proving that the person is a professional journalist or an accompanying person in a professional capacity in a specific area. in order to assess the professional status of those organisations, consulates may consult www.e-register.am. consulates may also accept a certificate issued by the applicant's employer. (f) for participants in international sport events and persons accompanying them in a professional capacity: a written request from the host organisation, competent authorities, national sport federations or national olympic committees of the member state;. the list of accompanying persons in the case of international sports events will be limited to those attending in a professional capacity: coaches, masseurs, managers, medical staff and head of the sports club. therefore, supporters will not be considered as accompanying persons. (g) for business people and representatives of business organisations: a written request from the host legal person or company, organisation or an office or a branch of such legal person or company, state or local authorities of the member states or organising committees or trade and industrial exhibitions, conferences and symposia held in the territories of one of the member states, endorsed by the competent authorities in accordance with the national legislation;. in order to verify the existence of the business organisation the consulates may consult www.e-register.am. (h) for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events: a written request from the host organisation confirming that the person concerned is participating in the event;. (i) for representatives of civil society organisations and persons invited by armenian community non-profit organisations registered in the member states when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes or pan-armenian and community support programmes: a written request issued by the host organisation, a confirmation that the person is representing the civil society organisation or participating in pan-armenian or community support activities and the certificate on establishment of such organisation from the relevant register issued by a state authority in accordance with the national legislation;. a document from the civil society organisation confirming that the visa applicant is representing that organisation must be presented. the competent armenian state authority issuing the certificate on establishment of a civil society organisation is the ministry of justice. the register in which the certificates on establishment of civil society organisations are registered is the state registry of legal persons. the ministry of justice administers the electronic data base of ngos, which is available via the website /https://www.e-register.am/ of the ministry of justice. individual members of the civil society organisations are not covered by the agreement. (j) for persons participating in scientific, academic, cultural or artistic activities, including university and other exchange programmes: a written request from the host organisation to participate in the activities; (k) for drivers conducting international cargo and passenger transportation services to the territories of the member states in vehicles registered in armenia: a written request from the national association (union) of carriers of armenia providing for international road transportation, stating the purpose, itinerary, duration and frequency of the trips;. the armenian national association of carriers competent for providing the written request to professional drivers is the association of international road carriers of armenia (airca). (l) for participants of the official exchange programmes organised by twin cities and other municipal entities: a written request of the head of administration/mayor of these cities or municipal authorities;. the head of administration/mayor of the city or other locality competent to issue the written request is the head of administration/mayor of the host city or other locality where the twinning activity is going to take place. that category only covers official twinning. (m) for visiting military and civil burial grounds: an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried. the agreement does not specify whether the above-mentioned official document should be issued by the authorities of the country where the burial ground is located or those of the country in which the person who wants to visit the burial ground resides. it should be accepted that the competent authorities of either country may issue such an official document. the above-mentioned official document confirming the existence and preservation of the grave as well as of the family or other relationship between the visa applicant and the buried must be presented. the agreement does not create any new liability rules for the natural or legal persons issuing the written requests. the respective union and/or national law applies in the case of false issuance of such requests. 2.2.2. issuance of multiple-entry visas in cases where the visa applicant needs to travel frequently to the territory of the member states, short-stay visas may be issued for several visits, provided that the total length of those visits does not exceed 90 days per period of 180 days. article 5 of the agreement provides that: 1. diplomatic missions and consular posts of the member states shall issue multiple-entry visas with a term of validity of 5 years to the following categories of persons: (a) spouses, children (including adopted), who are under the age of 21 or are dependent and parents (including custodians), visiting citizens of armenia legally residing in the member states, or citizens of the european union residing in the territory of the member state of which they are nationals; (b) members of national and regional governments and of constitutional and supreme courts if they are not exempted from the visa requirement by the present agreement, in the exercise of their duties; (c) permanent members of official delegations who, following an official invitation addressed to armenia, are to participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the member states by intergovernmental organisations; by way of derogation, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period, in particular where: in the case of the persons referred to in point a), the period of validity of the authorisation for legal residence of citizens of armenia legally residing in the european union, in case of the persons referred to in point b), the term of office, in the case of the persons referred to in point c), the term of the validity of the status as a permanent member of an official delegation, is less than five years. taking into account the professional status of those categories of persons, or their family relationship with a citizen of armenia who is legally residing in the territory of the member states or with a union citizen residing in a member state whose nationality that person holds, it is justified to grant them a multiple-entry visa with a term of validity of five years, or limited to the term of office or to their legal residence if they are less than five years. persons falling under point (a) of article 5(1) of the agreement, must present proof of the legal residence of the host person. with regard to persons falling under point (b) of article 5(1) of the agreement, confirmation should be given regarding their professional status and the duration of their term of office. that provision does not apply to persons falling under point (b) of article 5(1) of the agreement if they are exempted from the visa requirement by the agreement, i.e. if they are holders of a diplomatic passport. persons falling under point (c) of article 5(1) of the agreement must present proof of their permanent status as a member of the official delegation and the need to participate regularly in meetings, consultations, negotiations or exchange programmes. in cases where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the validity of the multiple-entry visa will be limited to that period. 2. diplomatic missions and consular posts of the member states shall issue multiple-entry visas with the term of validity of one year to the following categories of persons, provided that during the previous year they have obtained at least one visa and have made use of it in accordance with the laws on entry and stay of the visited state: (a) members of official delegations who, following an official invitation addressed to armenia, shall participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the member states by intergovernmental organisations; (b) representatives of civil society organisations and persons invited by armenian community non-profit organisations registered in the member states when undertaking trips to the member states for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes or pan-armenian and community support programmes; (c) members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to the member states; (d) persons participating in scientific, cultural or artistic activities, including university and other exchange programmes, who regularly travel to the member states; (e) students and post-graduate persons who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes; (f) participants of the official exchange programmes organised by twin cities and other municipal entities; (g) persons needing to visit regularly for medical reasons and necessary accompanying persons; (h) journalists and technical crew accompanying them in a professional capacity; (i) business people and representatives of business organisations who regularly travel to the member states; (j) participants in international sports events and persons accompanying them in a professional capacity; (k) drivers conducting international cargo and passenger transportation services to the territories of the member states in vehicles registered in armenia. by way of derogation from the first sentence, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period. in principle, multiple-entry visas with the term of validity of one year will be issued to the above-mentioned categories of visa applicants if during the previous year (12 months) the visa applicant has obtained at least one visa and has made use of it in accordance with the laws on entry and stay in the territory(ies) of the visited member state(s) (for instance, the person has not overstayed) and if there are reasons for requesting a multiple-entry visa. in cases where it is not justified to issue a visa valid for one year, for instance if the duration of the exchange programme is of less than one year or the person does not need to travel for a full year, the term of validity of the visa will be of less than one year, provided that the other requirements for issuing the visa are met. 3. diplomatic missions and consular posts of the member states shall issue multiple-entry visas with the term of validity of a minimum of 2 years and a maximum of 5 years to the categories of persons referred to in paragraph 2 of this article, provided that during the previous 2 years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the visited state unless the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, in which case the term of validity of the multiple-entry visa shall be limited to that period. 4. the total period of stay of persons referred to in paragraphs 1 to 3 of this article shall not exceed 90 days per period of 180 days in the territory of the member states. multiple-entry visas with the term of validity from two to five years will be issued to the categories of visa applicants referred to in article 5(2) of the agreement, provided that during the previous two years (24 months) they have made use of the two one year multiple-entry visas in accordance with the laws on entry and stay in the territory(ies) of the visited member state(s) and that the reasons for requesting a multiple-entry visa are still valid. it has to be noted that a visa with the term of validity from two to five years will only be issued if the visa applicant has been issued two visas valid for at least one year during the previous two years (24 months), and if that person has made use of those visas in accordance with the laws on entry and stay in the territory(ies) of the visited member state(s). diplomatic missions and consular posts of the member states will decide, on the basis of the assessment of each visa application, on the term of validity of those visas, i.e. from two to five years. there is no obligation to issue a multiple-entry visa if the applicant has not made use of a previously issued visa. 2.2.3. holders of diplomatic passports. article 10 of the agreement provides that: 1. citizens of armenia who are holders of valid diplomatic passports may enter, leave and transit through the territories of the member states without visas. 2. persons mentioned in paragraph 1 of this article may stay without visas in the territories of the member states for a period not exceeding 90 days per period of 180 days. the procedures for the posting of diplomats in the member states are not covered by the agreement. the usual accreditation procedure applies. iii. cooperation on travel documents in a joint declaration annexed to the agreement, the parties agreed that the joint committee should evaluate the impact of the level of security of the respective travel documents on the functioning of the agreement. to that end, the parties agreed to regularly inform each other about the measures taken for avoiding the proliferation of travel documents, developing the technical aspects of travel document security as well as regarding the personalisation process of the issuance of travel documents. iv. statistics in order to allow the joint committee to effectively monitor the implementation of the agreement, diplomatic missions and consular posts of the member states shall submit statistics to the commission every six months. where possible, those statistics should include, presented in a monthly breakdown: the number of each type of visas issued to the different categories covered by the agreement; the number of visa refusals for the different categories covered by the agreement; the number of multiple-entry visas issued; the length of validity of multiple-entry visas issued; the number of visas issued without fees to the different categories covered by the agreement. (1) council regulation (ec) no 539/2001 of 15 march 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (oj l 81, 21.3.2001, p. 1). (2) oj l 239, 22.9.2000, p. 19. (3) regulation (ec) no 810/2009 of the european parliament and of the council of 13 july 2009 establishing a community code on visas (visa code) (oj l 243, 15.9.2009, p. 1). (4) regulation (eu) 2016/399 of the european parliament and of the council of 9 march 2016 on a union code on the rules governing the movement of persons across borders (schengen borders code) (oj l 77, 23.3.2016, p. 1). (5) regulation (eu) no 610/2013 of the european parliament and of the council of 26 june 2013 amending regulation (ec) no 562/2006 of the european parliament and of the council establishing a community code on the rules governing the movement of persons across borders (schengen borders code), the convention implementing the schengen agreement, council regulations (ec) no 1683/95 and (ec) no 539/2001 and regulations (ec) no 767/2008 and (ec) no 810/2009 of the european parliament and of the council (oj l 182, 29.6.2013, p. 1). (6) decision no 565/2014/eu of the european parliament and of the council of 15 may 2014 introducing a simplified regime for the control of persons at the external borders based on the unilateral recognition by bulgaria, croatia, cyprus and romania of certain documents as equivalent to their national visas for transit through or intended stays on their territories not exceeding 90 days in any 180-day period and repealing decisions no 895/2006/ec and no 582/2008/ec (oj l 157, 27.5.2014, p. 23). (7) recommendation 2005/761/ec of the european parliament and of the council of 28 september 2005 to facilitate the issue by the member states of uniform short-stay visas for researchers from third countries travelling within the community for the purpose of carrying out scientific research (oj l 289, 3.11.2005, p. 23).

name: council decision (cfsp) 2017/1933 of 23 october 2017 amending decision (cfsp) 2015/1763 concerning restrictive measures in view of the situation in burundi type: decision subject matter: africa; international affairs; civil law date published: 2017-10-24 24.10.2017 en official journal of the european union l 273/9 council decision (cfsp) 2017/1933 of 23 october 2017 amending decision (cfsp) 2015/1763 concerning restrictive measures in view of the situation in burundi the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 1 october 2015, the council adopted decision (cfsp) 2015/1763 (1), concerning restrictive measures in view of the situation in burundi. (2) on the basis of a review of decision (cfsp) 2015/1763, the restrictive measures should be renewed until 31 october 2018. (3) decision (cfsp) 2015/1763 should therefore be amended accordingly, has adopted this decision: article 1 the second paragraph of article 6 of decision (cfsp) 2015/1763 is replaced by the following: it shall apply until 31 october 2018. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at luxembourg, 23 october 2017. for the council the president k. iva (1) council decision (cfsp) 2015/1763 of 1 october 2015 concerning restrictive measures in view of the situation in burundi (oj l 257, 2.10.2015, p. 37).

name: commission implementing decision (eu) 2017/1910 of 17 october 2017 amending decision 93/52/eec as regards the brucellosis (b. melitensis)-free status of certain regions of spain, decision 2003/467/ec as regards the official bovine brucellosis-free status of cyprus and of certain regions of spain, and as regards the official enzootic-bovine-leucosis-free status of italy, and decision 2005/779/ec as regards the swine vesicular disease-free status of the region of campania of italy (notified under document c(2017) 6891) (text with eea relevance. ) type: decision_impl subject matter: means of agricultural production; agricultural activity; europe; regions of eu member states; agricultural policy date published: 2017-10-19 19.10.2017 en official journal of the european union l 269/46 commission implementing decision (eu) 2017/1910 of 17 october 2017 amending decision 93/52/eec as regards the brucellosis (b. melitensis)-free status of certain regions of spain, decision 2003/467/ec as regards the official bovine brucellosis-free status of cyprus and of certain regions of spain, and as regards the official enzootic-bovine-leucosis-free status of italy, and decision 2005/779/ec as regards the swine vesicular disease-free status of the region of campania of italy (notified under document c(2017) 6891) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 64/432/eec of 26 june 1964 on animal health problems affecting intra-community trade in bovine animals and swine (1), and in particular paragraph 7 of annex a.ii and section e of chapter i of annex d thereto, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, having regard to council directive 91/68/eec of 28 january 1991 on animal health conditions governing intra-community trade in ovine and caprine animals (3), and in particular section ii of chapter 1 of annex a thereto, whereas: (1) directive 91/68/eec establishes the animal health conditions governing trade in the union in ovine and caprine animals. it lays down the conditions whereby member states or regions thereof may be recognised as being officially free of brucellosis (brucella melitensis). (2) commission decision 93/52/eec (4) provides that the regions of the member states referred to in annex ii thereto are recognised as officially free of brucellosis (b. melitensis) in accordance with the conditions laid down in directive 91/68/eec. (3) spain has submitted to the commission documentation demonstrating that the autonomous communities of la rioja and of valencia, and the provinces of albacete, cuenca and guadalajara of the autonomous community of castilla-la mancha, comply with the conditions laid down in directive 91/68/eec in order to be recognised as officially free of brucellosis (b. melitensis) as regards ovine and caprine herds. (4) following the evaluation of the documentation submitted by spain, the autonomous communities of la rioja and of valencia, and the provinces of albacete, cuenca and guadalajara of the autonomous community of castilla-la mancha, should be recognised as being officially free of brucellosis (b. melitensis) as regards ovine and caprine herds. (5) the entry for spain in annex ii to decision 93/52/eec should therefore be amended accordingly. (6) directive 64/432/eec applies to trade within the union in bovine animals and swine. it lays down the conditions whereby a member state or a region thereof may be declared officially brucellosis-free or officially enzootic-bovine-leucosis-free as regards bovine herds. (7) commission decision 2003/467/ec (5) provides that the member states and regions thereof which are listed respectively in chapters 1 and 2 of annex ii thereto are declared officially brucellosis-free as regards bovine herds. decision 2003/467/ec also provides that the member states and regions thereof which are listed respectively in chapters 1 and 2 of annex iii thereto are declared officially enzootic-bovine-leucosis-free as regards bovine herds. (8) cyprus has submitted to the commission documentation demonstrating that its whole territory complies with the conditions laid down in directive 64/432/eec in order to be declared officially brucellosis-free as regards bovine herds. (9) following the evaluation of the documentation submitted by cyprus, that member state should be recognised as an officially brucellosis-free member state as regards bovine herds and listed accordingly in chapter 1 of annex ii to decision 2003/467/ec. (10) spain has submitted to the commission documentation demonstrating that the autonomous communities of catalu a, castilla-la mancha, and galicia, and the province of zamora of the autonomous community of castilla y le n, comply with the conditions laid down in directive 64/432/eec in order to be declared officially brucellosis-free as regards bovine herds. (11) following the evaluation of the documentation submitted by spain, the autonomous communities of catalu a, castilla-la mancha, and galicia, and the province of zamora of the autonomous community of castilla y le n should be declared officially brucellosis-free regions as regards bovine herds and listed accordingly in chapter 2 of annex ii to decision 2003/467/ec. (12) certain regions of italy are currently listed in chapter 2 of annex iii to decision 2003/467/ec as officially enzootic-bovine-leucosis-free regions. italy has now submitted to the commission documentation demonstrating that its whole territory complies with the conditions laid down in directive 64/432/eec in order to be declared officially enzootic-bovine-leucosis-free as regards bovine herds. (13) following the evaluation of the documentation submitted by italy, that member state should be declared an officially enzootic-bovine-leucosis-free member state as regards bovine herds and listed accordingly in chapter 1 of annex iii to decision 2003/467/ec, and the references to certain regions of that member state in chapter 2 of that annex should be deleted. (14) annexes ii and iii to decision 2003/467/ec should therefore be amended accordingly. (15) commission decision 2005/779/ec (6) was adopted following outbreaks of swine vesicular disease in italy. it lays down animal health rules as regards swine vesicular disease for the regions of that member state that are recognised as free from swine vesicular disease and that are listed in annex i to that decision, and also for the regions of that member state that are not recognised as free from that disease and that are listed in annex ii to that decision. (16) a programme for the eradication and monitoring of swine vesicular disease has been implemented in italy for several years, with a view to achieving swine vesicular disease-free status for all regions of that member state. italy has submitted new information to the commission as regards the swine vesicular disease-free status of the region of campania, demonstrating that the disease has been eradicated from that region. (17) following the examination of the information submitted by italy, the region of campania should be recognised as free from swine vesicular disease and that region should be deleted from the list in annex ii to decision 2005/779/ec and listed instead in annex i to that decision. (18) annexes i and ii to decision 2005/779/ec should therefore be amended accordingly. (19) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 annex ii to decision 93/52/eec is amended in accordance with annex i to this decision. article 2 annexes ii and iii to decision 2003/467/ec are amended in accordance with annex ii to this decision. article 3 annexes i and ii to decision 2005/779/ec are amended in accordance with annex iii to this decision. article 4 this decision is addressed to the member states. done at brussels, 17 october 2017. for the commission vytenis andriukaitis member of the commission (1) oj 121, 29.7.1964, p. 1977/64. (2) oj l 224, 18.8.1990, p. 29. (3) oj l 46, 19.2.1991, p. 19. (4) commission decision 93/52/eec of 21 december 1992 recording the compliance by certain member states or regions with the requirements relating to brucellosis (b. melitensis) and according them the status of a member state or region officially free of the disease (oj l 13, 21.1.1993, p. 14). (5) commission decision 2003/467/ec of 23 june 2003 establishing the official tuberculosis, brucellosis, and enzootic-bovine-leucosis-free status of certain member states and regions of member states as regards bovine herds (oj l 156, 25.6.2003, p. 74). (6) commission decision 2005/779/ec of 8 november 2005 concerning animal health protection measures against swine vesicular disease in italy (oj l 293, 9.11.2005, p. 28). annex i in annex ii to decision 93/52/eec, the entry for spain is replaced by the following: in spain: autonomous community of asturias, autonomous community of the balearic islands, autonomous community of the canary islands, autonomous community of cantabria, autonomous community of castilla-la mancha: provinces of albacete, cuenca and guadalajara, autonomous community of castilla y le n, autonomous community of extremadura, autonomous community of galicia, autonomous community of la rioja, autonomous community of navarra, autonomous community of pais vasco, autonomous community of valencia. annex ii annexes ii and iii to decision 2003/467/ec are amended as follows: (1) annex ii is amended as follows: (a) chapter 1 is replaced by the following: chapter 1 officially brucellosis-free member states iso code member state be belgium cz czech republic dk denmark de germany ee estonia ie ireland fr france cy cyprus lv latvia lt lithuania lu luxembourg mt malta nl netherlands at austria pl poland ro romania si slovenia sk slovakia fi finland se sweden; (b) in chapter 2, the entry for spain is replaced by the following: in spain: autonomous community of asturias, autonomous community of the balearic islands, autonomous community of the canary islands, autonomous community of castilla-la mancha, autonomous community of castilla y le n: provinces of burgos, soria, valladolid and zamora, autonomous community of catalu a, autonomous community of galicia, autonomous community of la rioja, autonomous community of murcia, autonomous community of navarra, autonomous community of pais vasco.; (2) annex iii is amended as follows: (a) chapter 1 is replaced by the following: chapter 1 officially enzootic-bovine-leucosis-free member states iso code member state be belgium cz czech republic dk denmark de germany ee estonia ie ireland es spain it italy cy cyprus lv latvia lt lithuania lu luxembourg nl netherlands at austria pl poland si slovenia sk slovakia fi finland se sweden uk united kingdom; (b) in chapter 2, the entry for italy is deleted. annex iii annexes i and ii to decision 2005/779/ec are amended as follows: (1) in annex i, the following entry is inserted between the entry for basilicata and the entry for emilia-romagna: campania; (2) in annex ii, the entry for campania is deleted.

name: commission decision (eu) 2017/1861 of 29 july 2016 on state aid sa33983 (2013/c) (ex 2012/nn) (ex 2011/n) italy compensation to sardinian airports for public service obligations (sgei) (notified under document c(2016) 4862) (text with eea relevance. ) type: decision subject matter: executive power and public service; economic policy; competition; consumption; regions of eu member states; air and space transport; europe; organisation of transport date published: 2017-10-18 18.10.2017 en official journal of the european union l 268/1 commission decision (eu) 2017/1861 of 29 july 2016 on state aid sa33983 (2013/c) (ex 2012/nn) (ex 2011/n) italy compensation to sardinian airports for public service obligations (sgei) (notified under document c(2016) 4862) (only the english text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to the provisions cited above (1) and having regard to their comments, whereas: 1. procedure (1) on 30 november 2011 italy notified a compensation scheme in favour of sardinian airport operators for public service obligations (hereinafter psos) with the aim of strengthening and developing air transport. that notification was made via the electronic notification system of the commission. (2) the commission requested italy to provide additional information on the notification by letters dated 30 january 2012, 24 april 2012 and 12 july 2012. italy replied to those requests by letters dated 24 february 2012, 30 may 2012 and 9 august 2012. (3) on the basis of the information received that italy might have put the measure into effect before the commission had taken a decision authorising it, the commission has decided to investigate the measure under chapter 3 of regulation (eu) 2015/1589 (2) regarding unlawful state aid. (4) on 30 november 2012, italy asked the commission to indicate the timing for the decision and for certain clarifications concerning the procedure. the commission replied by letter transmitted to italy on 7 december 2012. (5) by letter dated 23 january 2013, the commission informed italy of its decision to initiate the procedure provided for in article 108(2) of the treaty (opening decision) with regard to the notified scheme. (6) italy provided its comments on the opening decision on 21 march 2013 (with annexes received on 22 march 2013). (7) the opening decision was published in the official journal of the european union on 30 may 2013. the commission invited interested parties to submit their comments on the alleged aid measures. (8) on 10 april 2013, the commission received comments on the case from ryanair ltd, as interested party. the commission transmitted those comments to italy by letter dated 3 may 2013. italy has not submitted any observations on the comments from ryanair. (9) the commission subsequently received comments from the following interested parties: (a) ryanair and a consultancy firm acting on its behalf, on 28 june 2013; (b) geasar s.p.a., the airport operator of olbia airport, on 1 july 2013; (c) sogeaal s.p.a., the airport operator of alghero airport, on 29 july 2013; (d) sogaer s.p.a., the airport operator of cagliari airport, on 30 july 2013 and 2 august 2013; (e) easyjet, on 30 july 2013. (10) on 31 july 2013, the commission forwarded the non-confidential versions of the comments from geasar and sogeaal to italy, which was thus given the opportunity to react. the commission forwarded the comments from sogaer and ryanair to italy on 2 august and those from easyjet, on 7 august. (11) on 27 september 2013, italy informed the commission that it had no observations on the comments from the three airport operators. on 20 and 21 november 2013, italy sent its observations to the commission regarding of ryanair's comments. italy did not provide any observations regarding easyjet's observations. (12) on 20 december 2013, ryanair provided further comments, which were forwarded to italy on 9 january 2014. italy did not provide any observations on those comments. (13) on 17 january 2014 and 31 january 2014, ryanair provided further comments, which were forwarded to italy on 12 january 2015. italy did not provide any observations regarding these comments. (14) by letter dated 25 february 2014, the commission informed italy of the adoption of the 2014 aviation guidelines (3) on 20 february 2014 and of the fact that those guidelines would become applicable to the case at hand from the moment of their publication in the official journal. the commission gave italy the opportunity to comment on the guidelines and their application within 20 working days of their publication in the official journal. (15) by letters dated 24 february 2014, the commission also informed interested parties of the adoption of the 2014 aviation guidelines and of the fact that those guidelines would become applicable to the case at hand from the moment of their publication in the official journal. the commission gave interested parties the opportunity to comment on the guidelines and their application within 20 working days of their publication in the official journal. (16) the 2014 aviation guidelines were published in the official journal on 4 april 2014. they replaced the 1994 aviation guidelines (4) as well as the 2005 aviation guidelines (5). (17) on 15 april 2014 a notice was published in the official journal inviting member states and interested parties to submit comments on the application of the 2014 aviation guidelines to this case within 1 month of their publication (6). (18) on 13 june 2014, sogaer provided comments on the case in the context of the adoption of the new guidelines. geasar and sogeaal provided their comments on 16 june 2014 and easyjet on 4 july 2014. the comments from sogaer, geasar, sogeaal and easyjet were transmitted to italy by the commission on 9 july 2014. italy has not submitted any observations on those comments. (19) on 12 and 26 september 2014 ryanair provided further comments on the case. the commission forwarded those comments to italy on 28 october 2014. italy has not submitted any observations on those comments. (20) on 26 january 2015, ryanair and a consultancy firm acting on its behalf provided further comments, which were forwarded to italy on 4 february 2015. italy has not submitted any observations on those comments. (21) on 27 february 2015 and 2 march 2015, ryanair and a consultancy firm acting on its behalf provided further comments, which were forwarded to italy on 24 march 2015. italy has not submitted any observations on those comments. (22) on 18 march 2015, the commission requested italy to provide additional information on the case. italy replied on 11, 18 and 19 may 2015. (23) on 31 march 2015, easyjet provided additional comments completing its original submission of 30 july 2013. on 1 and 14 may 2015 easyjet and a consultancy firm acting on its behalf provided further comments on the case. on 1 june 2015, easyjet provided additional comments on the case. all those comments were forwarded to italy on 6 july 2015. on 17 september 2015, italy submitted its observations on the comments from easyjet and the consultancy firm acting on its behalf. (24) on 29 june 2015, the commission requested additional information from italy. italy replied partially on 14 july 2015 and sent the annexes to that reply on 10 september 2015. (25) on 17 july 2015 the commission requested additional information from italy. italy replied on 11 september 2015. (26) on 8 and 14 october 2015, the commission requested additional information from italy. italy replied on 5 november 2015. (27) on 24 november 2015, italy provided further information on the case. (28) on 24 november 2015, the commission requested additional clarifications from italy. italy replied on 27 november 2015. (29) on 4 december 2015, ryanair and a consultancy firm acting on its behalf provided further information on the case, which was forwarded to italy on 8 december 2015. italy replied on 16 december 2015, indicating that it had no observations on those documents. (30) on 11, 16 and 17 december 2015, italy submitted further comments on the case. 2. detailed description of the aid 2.1. title and objectives of the measure (31) the notified scheme provides compensation for public service obligations to operators of airports located in sardinia, with the aim of strengthening and developing air transport. italy claims that those public service obligations relate to a service of general economic interest (hereinafter sgei). the scheme has been established pursuant to article 3 of regional law of sardinia of 13 april 2010, no 10 (7), (hereinafter law 10/2010). (32) this article defines the purpose of that scheme, which consists in strengthening air transport to and from sardinia by extending flight operations, both in terms of frequencies in winter periods and the number of new destinations served. for this purpose, sardinian airports were to channel this public financing to airlines as public service compensation. (33) the broader objective of the scheme is strengthening the regional economy by increasing flows of tourists, in particular outside the summer season. 2.2. granting authority (34) the region of sardinia (hereinafter the region) is the granting authority. the region benefits from the special status of autonomous region in italy. 2.3. legal framework (35) article 3 of law 10/2010 provides for funding in the form of compensation for public service obligations to sardinian airport operators for the period 2010-2013. law 10/2010 is implemented by decisions adopted by the regional executive. (36) regional decree no 122/347 of 17 may 2010 (8) states that the amounts defined by law 10/2010 are at the charge of the regional budget. (37) the sardinian regional executive has adopted several implementing acts, which define the conditions and arrangements for access to funding under law 10/2010, as follows: (a) sardinia's decision no 29/36 of 29 july 2010 (9) defines the criteria, nature and duration of transport service for which funding could be granted, and sets out the guidelines for the drafting and assessment of the airports' plans of activities (programmi di attivit ). (b) sardinia's decision no 43/37 of 6 december 2010 (10) approves the plans of activities submitted by the airport operators for 2010 and the specific amount to be granted to each of them for 2010. (c) sardinia's decision no 52/117 of 23 december 2011 (11) establishes the annual amounts to be granted from the region to the airport operators for the period 2011-2013 on the basis of the plans of activities presented by the airport operators in 2011. (38) regional law of 19 january 2011, no 1 (12) reduced the contributions to be granted from the region to the airports, as defined by law 10/2010, to eur 21 100 000 for 2011 and eur 21 500 000 for 2012 and 2013. (39) regional law of 30 june 2011, no 12 (13) establishes a mechanism of financial advances to be operated through the constitution of an ad hoc financial fund inside sfirs (14). sfirs is the financial in-house company of the sardinian region, which, as financial broker and operational branch of the region, has been entrusted by the region to set up and manage the regional fund aimed at granting financial advances as interest-bearing shareholder's financing (15). sfirs is placed under direct control of and managed by the region. its role is to manage plans, policies and programs set out by the region for the economic and social development of the territory. its board of directors is appointed by the region. the entrustment act no 15 of 9 august 2011 (16) entrusts sfirs with the constitution and management of the airports regional fund (17) (the regional fund) aimed at granting financial advances to the contributions of the region. decision no 500 of 9 august 2011 (18) approves the detailed rules for implementation of the regional fund. decision no 22 of 30 january 2012 (19) completes the rules set out in decision no 500 of 9 august 2011. (40) regional law of 7 august 2012, n. 15 (20) amends the regional law of 30 june 2011. decision no 694 of 2 october 2012 (21) implements the regional law of 7 august 2012 and completes and amends the rules for implementation of the regional fund, by extending the application of the law of 30 june 2011 for the years 2012 and 2013. (41) decision no 4/34 of 5 february 2014 (22) modifies the allocation of the regional contributions for the year 2013, taking into account the reduction of the regional contributions decided in the context of the budget of the region allocated to the financing of the activities pursuant to law 10/2010 and the effective costs sustained by the three airport operators. 2.4. the scheme (42) the notified scheme intends to develop air transport and make air connections to and from sardinia less seasonal, which contributes to the overarching objective of attracting tourism and strengthening the regional economy. to that end, law 10/2010 provides for funding in the form of compensation for public service obligations to sardinian airport operators for the period 2010-2013. (43) the implementing decisions clarify that the objective of law 10/2010 to reduce seasonality consists of extending the period during which flights are operated. this entails increasing the frequency of flights during the so-called mid-season (that is to say, the months flanking the summer season april, may, september and october) or the winter season, and also the opening up of new routes to and from places not yet connected to sardinia. the reasoning behind the scheme is to promote a regional air transport policy that strengthens the economic, social and territorial cohesion of the communities concerned by addressing the accessibility disadvantages facing sardinia as an island. (44) the decisions referred to in section 2.3 establish the three following activities: (a) increase of air traffic by airlines (activity 1). airlines and airport operators have to define, within detailed plans of activities, strategies to increase air traffic and favour de-seasonality of touristic flows, by defining routes of strategic interest, frequencies, capacity offer and subsequent traffic objectives. if those targets are met, financial compensation is received; if the targets are not met, penalties must be paid. (b) promotion of sardinia as a touristic destination by airlines (activity 2). in the aforementioned plans of activities, airlines and airport operators should also define specific marketing and advertising activities aimed at increasing the number of passengers and at promoting the catchment area of the airport. (c) further promotional activities entrusted by airport operators to third service providers other than airlines (23) on behalf of the region (activity 3). (45) once the region has approved the plans of activities, assessing the activities proposed therein on the basis of their economic impact on the airport and the sardinian economic activity as a whole, it distributes accordingly the financial resources available for each year and each airport. (46) compensation to airport operators is calculated on the basis of the estimated costs borne by airlines for flying the strategic routes, national or international, and meeting the passenger targets per year. once the passenger targets have been defined, airport operators select the airlines requested to operate the services in question. selected carriers receive the compensation which covers the difference between their operating costs and the actual or presumed revenues from passenger tickets. (47) the notification document from italy mentions that the region should approve the tender process organised by airport operators to select the interested airlines. the commission has not been informed of any tender organised by airport operators. according to italy, airlines have been selected on the basis of the most attractive commercial offers submitted to airport operators upon publication of notices on their websites. as regards airports, the aid scheme is conceived to coordinate the development of the regional airport system by placing regional airports on a complementary position with each other (24). 2.5. marketing activities undertaken by airlines (48) the law 10/2010 provides that, in the context of activity 2, airport operators have to conclude marketing agreements with airlines with a view to promoting sardinia as a touristic destination. the plans of activities must therefore define specific strategies of marketing and advertising aimed at increasing the number of passengers and at promoting the catchment area of the airport. (49) two different types of agreement have been entered into by airport operators, depending on the airline: either a single agreement including both airport services and marketing services or two separate contracts, as in the case of ryanair, where there is an airport services agreement with ryanair and a marketing services agreement with its fully-owned marketing company ams (airport marketing services). the agreements combine and link traffic increase and marketing measures and are based on a premium system according to the success of the traffic increase measures. under the agreements, the carrier has to operate a defined flights programme and at the same time develop a marketing and advertising plan. (50) the marketing is based on a dedicated page on the airport destination on the carriers' website which sometimes includes a travel guide. the marketing is aimed at promoting the tourist and business attractions in the region and maximising the share of inbound foreign originating travellers. 2.6. airports concerned (51) in 2010, sardinia counted five airports: (a) alghero, the airport operator of which is so.ge.a.al s.p.a. (sogeaal) (b) cagliari-elmas, the airport operator of which is so.g.aer. s.p.a. (sogaer) (c) olbia, the airport operator of which is geasar s.p.a. (geasar) (d) tortoli, the airport operator of which is ge.ar.to. s.p.a. (gearto) (e) oristano, the airport operator of which is so.ge.a.or. s.p.a. (sogeaor) (52) all these companies are limited liability companies. sogeaal and sogaer are publicly held. geasar is controlled by the air carrier meridiana. (53) italy confirmed that, although law 10/2010 refers to all sardinian airports, the two minor airports of the island, oristano and tortol -arbatax (which have less than 200 000 passengers per year (25)), did not receive any financing pursuant to law 10/2010. (54) alghero is located in the north-west of sardinia, olbia in the north-east and cagliari in the south. distances and travel times by road between those airports are the following (26): cagliari-alghero 247 km 2h40 cagliari-olbia 273 km 2h51 olbia-alghero 136 km 1h53 2.6.1. cagliari airport (55) the airport operator sogaer is publicly owned, as the chamber of commerce of cagliari (c.c.i.a. cagliari) owns the majority of shares, as indicated in table 1. the region does not control the cagliari chamber of commerce (27), which is financed autonomously thanks to an annual fee paid by company members. the chamber of commerce is an autonomous public entity which is in charge of providing miscellaneous services the company members (28). table 1 shareholdership structure of sogaer (29): (%) c.c.i.a. cagliari 94,35 s.f.i.r.s. spa 3,43 banco di sardegna spa 1,05 regione autonoma sardegna 0,72 meridiana spa 0,21 c.c.i.a.a. oristano 0,10 corsorzio sardegna costa sud 0,06 associazione industriali province della sardegna meridionale 0,04 confapi sardegna 0,03 editorial airon 0,01 fima spa 0,01 (56) in 2014, the airport handled 3 639 627 passengers (30). it is located in the southern part of the island and constitutes its main airport in terms of traffic. since 2007 sogaer has owned the entire concession for the airport management. the airport operates domestic and international flights and the main airlines present at the airport are ryanair, meridianafly, alitalia cai, airone, easyjet, volotea and airberlin. during the period 2007-2009, 69 % of the passenger traffic at the airport was recorded between april and october. (57) at 31 december 2013 sogaer recorded a turnover of eur 26,8 million and a positive net result of eur 1,7 million. total assets amounted to eur 125,5 million. 2.6.2. alghero airport (58) the airport operator of the alghero airport, sogeaal, is 80,20 % owned by the sardinian region and 19,80 % owned by sfirs spa (in-house company owned by the region) (31). sogeaal started its activity in 1995 through a partial and temporary concession, which was transformed into a full concession in 2007 (32). (59) the airport is located in the north-west part of the island. according to italy, its catchment area covers approximately 35 % of the island and includes 450 000-600 000 inhabitants within the provinces of sassari, oristano and nuoro. in terms of commercial passenger traffic, alghero is the third airport of sardinia, with a total of 1 639 374 passengers in 2014 (33). (60) three types of airlines operate at the airport: traditional ones such as alitalia, meridiana, iberia and lufthansa, low-cost ones such as easyjet and ryanair and charter companies such as tui fly and jet time. during the period 2007-2009, 75 % of the passenger traffic at the airport was recorded between april and october. (61) at 31 december 2013 sogeaal recorded a turnover of eur 15,9 million and a negative net result of eur 1,5 million. total assets amounted to eur 42,0 million. 2.6.3. olbia airport (62) the operator of olbia airport, geasar, has a majority of private shareholders (34), as indicated in table 2. table 2 shareholdership structure of geasar (%) meridiana s.p.a. 79,79 c.c.i.a.a. di sassari (camera di commercio) 10,00 c.c.i.a.a. di nuoro (camera di commercio) 8,42 regione sardegna 1,59 consorzio costa smeralda 0,20 (63) geasar started its activity in 1989 with a partial concession for the management of olbia airport. olbia is located in the north-east part of sardinia. the airport hosts traditional airline companies, such as alitalia and lufthansa, low-cost airlines such as easyjet and vueling, and charter companies such as smartwings and mistral air. (64) the airport had 2 127 718 passengers in 2014 (35). it is mainly dedicated to passenger commercial traffic, domestic and international. the airport has a touristic vocation, as it serves the highly touristic costa smeralda. therefore traffic is mostly concentrated between may and october: during the period 2007-2009, 84 % of the passenger traffic at the airport was registered between april and october. (65) at 31 december 2013 geasar recorded a turnover of eur 27,0 million and a positive net result of eur 2,8 million. total assets amounted to eur 57,3 million. 2.7. mechanism and structure of the financing put in place by the sardinian region 2.7.1. global amount of the contributions committed by the sardinian region (66) originally, article 3 of law 10/2010 authorised the region to grant airport operators eur 19 700 000 for 2010 and eur 24 500 000 for each of the subsequent years 2011, 2012 and 2013. (67) throughout the period, taking into account its own resources and the plans of activities presented by the airports, the region progressively reduced the amounts originally committed to financing of the scheme as set out in table 3. table 3 compensation committed in favour of sardinian airports 2010-2013 (eur) 2010 2011 2012 2013 total alghero 9 960 000 10 559 913,00 9 094 919,77 8 029 737,87 37 644 570,64 cagliari 5 000 000 4 777 320,33 8 405 080,23 9 261 925,37 27 444 325,93 olbia 4 000 000 3 057 654,00 4 000 000,00 4 208 336,76 15 265 990,76 oristano 300 000 300 000 total 19 260 000 18 394 887,33 21 500 000 21 500 000 80 654 887,33 (68) decision no 4/34 of 5 february 2014 modified the regional contribution for 2013 and provides for a global amount of eur 17 500 000 for 2013 for the three airport operators as set out in table 4. table 4 compensation committed in favour of sardinian airports 2013 (according to decision no 4/34 of 5 february 2014) (eur) year 2013 alghero 8 235 603 cagliari 5 264 397 olbia 4 000 000 total 17 500 000 (69) the final contributions resulting from the various modifications, actually granted by the sardinian region to the three airports, are set out in table 5 (36). table 5 final compensation committed in favour of sardinian airports 2010-2013 (eur) 2010 2011 2012 2013 total alghero 9 960 000 10 559 913 9 094 920 8 235 603 37 850 436 cagliari 5 000 000 4 777 320 8 405 080 5 264 397 23 446 797 olbia 4 000 000 3 057 654 4 000 000 4 000 000 15 057 654 oristano 300 000 300 000 total 19 260 000 18 394 887 21 500 000 17 500 000 76 654 887 (70) the measure takes the form of direct grants from the region to the sardinian airport operators, which will then transfer the sums involved to the airlines and other entities involved. the grants are directly financed from the regional budget. airport operators have to manage separate accounts to keep track of the amounts received. 2.7.2. the plans of activities and the routes of strategic interest (71) the operators of the sardinian airports are required to draft plans of activities and submit them to the region for approval. those plans of activities have to include the activities consisting in developing point-to-point air connections, with national and european destinations to and from sardinian airports, to be achieved through agreements with airlines. to that end, the plan itself must indicate which initiatives, from among those listed (37), the airport operators consider feasible in terms of the objectives of enhancing and making air transport less seasonal laid down by law 10/2010. (72) the plans have to identify the routes of strategic interest (domestic and international) and the targets per year concerning flight frequency, load factor, new routes, number of passengers and marketing activity. (73) the plans of activities have to respect the following principles: (a) the routes of strategic interest cannot overlap with the routes already operated under a pso regime (38) on the basis of regulation (ec) no 1008/2008 of the european parliament and of the council (39). (b) the financial contribution for each of the subsidised routes should decrease over time. (c) the financial agreement concluded with airlines should include a plan for promotion of the local territory that should be consistent with the tourism-related communication strategy of the region. (d) where the total compensation requested by the airports is higher than the total amount authorised by the regional budget, preference is given to international connections vis vis domestic routes (except for destinations serving more than 3 million inhabitants), routes connecting major hubs, routes with a great traffic potential, routes for which services are to be provided throughout the year rather than on a seasonal basis and companies deciding to create an operational base in the local airport. (74) operating the routes of strategic interest represents the sgei that airlines should provide in exchange for compensation (subject to targets set for passenger traffic being met). the plans of activities should be backed up by appropriate economic and financial forecasts that illustrate the prospects for the profitability of the initiatives in question and indicate the financial requirements associated with those activities for each year concerned. these requirements include an indication of the level of own resources invested by the airport operator as well as the investment level of third parties benefiting from the traffic increase. (75) the actual plans of activities submitted by italy during the formal procedure comply with the requirements set out in recital 73. they contain the mandatory information required by the region such as a presentation of the subsidised transport offer, a detailed calculation of the compensation to be granted and the expected economic benefits of the public support. (76) once the activity plans have been approved, the region decides accordingly to grant annual financial resources to each airport, assessing the activities undertaken on the basis of the valuation of their economic impact on economic activity in sardinia. (77) the financing of the plans is as follows: (a) the beneficiary airport operator will receive a first instalment as an advance payment equal to 20 % of the total amount foreseen in the plans; (b) 60 % of the total funding will be paid as an interim payment on receipt of a quarterly report; (c) the payment of the last instalment will be paid within 60 days of receipt of the relevant documentation, after verification by the region of the activity carried out, the results achieved and the costs incurred. (78) the plans of activities have been approved by two decisions of the region: (a) sardinian decision no 43/37 of 6 december 2010 approved the plans of activities for 2010 submitted by the operators of cagliari, olbia, alghero and oristano and the specific amounts to be granted to each of them (40). (b) sardinian decision no 52/117 of 23 december 2011 approved the plans of activities submitted by the operators of cagliari, olbia and alghero for the period 2011-2013. the annual passenger targets per airport and the breakdown of the compensation amongst the three airports are specified. the decision further clarifies that the plans for 2011 have to be considered definitive since they concern activities already carried out, whilst the plans for the following 2 years, 2012 and 2013, are subject to change. 2.7.3. the monitoring process (79) it is for airport operators to prepare the plans of activities in accordance with the provisions of law 10/2010 and its various implementation acts. they have to interact with airlines in the course of that preparation and the final plan has to be approved by the region. should the region disagree or notice inconsistencies with the provisions of law 10/2010, it can require changes to the plans of activities. (80) airport operators are required by the region to monitor the performance of airlines and to apply penalties for non-fulfilment of the targets defined ex-ante, in particular in terms of frequencies and passengers. this penalty mechanism must be provided for in the agreements with airline companies. (81) the decisions of the regional executive implementing the law 10/2010 envisage a monitoring mechanism to be set up by the region, to avoid overcompensation for the annual cost forecasted for the activities in question. the region has to define ex-ante actions of control, check and eventually recover any over-compensation in particular by monitoring the actual number of flights and passengers. (82) the region monitors the real costs sustained by airport operators for the implementation of the activities in question by checking the apposite documentation and reporting of the annual costs (invoices from airline companies to the airport operators). airport operators have to report the financing of the activities to the region, based on the invoices received from contractors (airline companies for activities 1 and 2 and other companies for activity 3). it also checks that the route subject to compensation is not a route subject to pso under regulation (ec) no 1008/2008. (83) the regional financing pursuant to law 10/2010 can only be granted in the context of the afore-mentioned plans of activities, which have to be approved by the region. as those plans were drawn up before the activities provided for by law 10/2010 were carried out, there may be some variations in their implementation. therefore, the mechanism organised by the region provides that it should adapt its final contribution to variations in the implementation of the activities or in the costs sustained by airports (41). therefore the final contribution decided by the region takes into account the actual implementation of the plans of activities and the consistency of the activities for which financing is requested with the objectives of law 10/2010 and with the touristic marketing plan of the region. where discrepancies are revealed, the final contribution is adapted by the region (42). (84) the documentation submitted by italy shows that airport operators have indeed reported to the region on the public funding received (including supporting evidence such as invoices relating to the costs incurred) and provided evidence of marketing and promotion actions. the region has checked that information and paid the remaining instalment to the airport operators. 2.7.4. financial advances and the role of the regional fund (85) as already mentioned in section 2.3, the regional law of 30 june 2011 establishes the regional fund (43) managed by sfirs and financed by the region. (86) the financial mechanism set up by the region pursuant to law 10/2010 is the following: (a) the financial resources relating to the implementation of the three activities are advanced by the airport operators to the airlines at the airports concerned (in the case of activities 1 and 2) and to the other service providers concerned (in the case of activity 3). (b) every year, following requests for pre-financing by airport operators, the region decides that sfirs through the regional fund should grant financial advances to the airports. the regional fund then grants the airport operators, upon request, financing against remuneration (commission fee and interest) as advance payment of the amount apportioned pursuant to law 10/2010. the advance payment should correspond to a maximum of 85 % (44) of the contribution committed by the region to airport operators. the financial advance is subject to interest (euribor 6 m + 2 % for 2010 and euribor 6 m + 1,5 % for 2011-2013) and commission fee (1 % for 2010 and 0,50 % for 2011-2013), paid by airport operators to sfirs. (c) the region subsequently confirms the definitive amounts to be granted to airport operators (the contribution of the region), within the limits of its available resources and taking into account the amounts actually paid by the airport operators in the context of the implementation of the three activities. to that end, airport operators submit appropriate reports which: (i) indicate the results achieved and include an impact analysis; (ii) specify in detail the costs actually incurred by the airport for the initiatives carried out, also providing the necessary supporting documents (invoices or similar). (d) from the amount of the regional contribution, the regional fund deducts a 4 % withholding fee, which is paid back to the region. once the final contribution has been decided, the regional fund grants the remaining part of the financing (45) to the airport operator. the fund is supposed to grant the remaining part to the airport operator within a maximum of 6 months after the conclusion of the plans of activities. 2.8. financial flows 2.8.1. financial flows from the region to the airport operators (87) although the region had committed to grant a total of eur 76 654 887 throughout the period 2010-2013 (see table 5), it actually transferred eur 68 510 256 to airport operators for the financing of the three activities pursuant to law 10/2010 (46) (see table 6, column a): eur 35 516 988 for sogeaal, eur 19 250 617 for sogaer and eur 13 742 651 for geasar. (88) the total financial advances transferred from the regional fund to airport operators amount to eur 42 987 645 (table 6, column b). the commission fee and interest charge are calculated from the financial advance and deducted by the fund when the financial advance is disbursed to the airport operator. the withholding fee represents 4 % of the contribution committed by the region and is deducted by the fund from the contribution amount when disbursing the remaining part of the sum granted by the region to the airport (after the financial advances have been paid) (47). (89) therefore, the net amount to be received by the airport operator (table 6, column c) can be calculated as the contribution of the region less the three financial charges (commission fee, interest charge and withholding fee). the amounts communicated by italy as being the net amounts actually received by the airport operators (table 6, column d), are slightly different from the theoretical amounts: (a) in the case of sogeaal, italy explains that the airport operator should still receive eur 167 661 from the region in respect of the 2013 contribution. (b) the regional contributions to sogaer and geasar for 2013 (eur 4 946 576 and eur 3 795 930 respectively) were decided on by the region on 19 june 2014 and 10 june 2014 respectively, but were never paid (48): italy recognises that the regional decision constitutes a legally binding commitment to pay the amounts in question, which can be invoked before a national court. nevertheless italy decided to wait until the ongoing state aid proceedings have ended. table 6 effective financial flows from the region to the airport operators sogeaal alghero (eur) reference activity period contribution fixed up by the region (a) financial advance (b) financial charges amount to be received by the airport operator (c) net amount effectively received by the airport operator (d) difference (c) (d) amount date of commitment amount date of payment withholding fee 4 % commission fee interest charge 2010 8 517 963 7/11/2012 [ ] (*1) 20/09/2011 [ ] [ ] [ ] [ ] [ ] [ ] 2011 9 041 162 12/11/2012 [ ] 8/02/2012 & 23/08/2012 [ ] [ ] [ ] [ ] [ ] [ ] 2012 9 062 413 3/06/2013 [ ] 22/10/2012 [ ] [ ] [ ] [ ] [ ] [ ] 2013 8 895 449 27/10/2014 [ ] 17/10/2013 [ ] [ ] [ ] [ ] [ ] [ ] total 35 516 988 [ ] [ ] [ ] [ ] [ ] [ ] [ ] sogaer cagliari (eur) reference activity period contribution fixed up by the region (a) financial advance (b) financial charges amount to be received by the airport operator (c) net amount effectively received by the airport operator (d) difference (c) (d) amount date of commitment amount date of payment withholding fee 4 % commission fee interest charge 2010 4 657 311 7/11/2012 [ ] 10/09/2012 [ ] [ ] [ ] [ ] [ ] [ ] 2011 4 777 320 7/11/2012 [ ] 15/06/2012 [ ] [ ] [ ] [ ] [ ] [ ] 2012 4 869 410 13/06/2013 [ ] [ ] [ ] [ ] 2013 4 946 576 19/06/2014 [ ] [ ] [ ] [ ] total 19 250 617 [ ] [ ] [ ] [ ] [ ] [ ] [ ] geasar olbia (eur) reference activity period contribution fixed up by the region (a) financial advance (b) financial charges amount to be received by the airport operator (c) net amount effectively received by the airport operator (d) difference (c) (d) amount date of commitment amount date of payment withholding fee 4 % commission fee interest charge 2010 3 972 223 7/11/2012 [ ] 19/09/2011 [ ] [ ] [ ] [ ] [ ] 0 2011 2 945 363 7/11/2012 [ ] 1/06/2012 [ ] [ ] [ ] [ ] [ ] 0 2012 3 029 135 12/06/2013 [ ] [ ] [ ] 0 2013 3 795 930 10/06/2014 [ ] [ ] [ ] [ ] total 13 742 651 [ ] [ ] [ ] [ ] [ ] [ ] [ ] 2.8.2. financial flows from the airport operators to airlines and third service providers for the financing of the three activities (90) the airport operators of alghero, cagliari, and olbia have financed airlines and third service providers for the implementation of activities 1, 2 and 3 over the period 2010-2013. according to italy, the compensation received by airport operators from the region during the period 2010-2013 for the financing of activities 1, 2 and 3 has been passed on to airlines and third service providers. airlines received financing for activities 1 and 2 and have been selected on the basis of the most attractive commercial offer (49). third service providers in charge of marketing measures, such as advertising or tourist agencies, received financing for activity 3. (91) table 7 summarises the financial flows from airport operators to airlines and third service providers for the financing of activities 1, 2 and 3. table 7 financial flows from the airport operators to airlines and third service providers for the financing of activities 1, 2 and 3 sogeaal alghero (eur) reference activity period financing of the activities activities 1 & 2 activity 3 total (a) 2010 [ ] [ ] 8 517 963 2011 [ ] [ ] 9 041 162 2012 [ ] [ ] 9 062 413 2013 [ ] [ ] 8 895 449 total [ ] [ ] 35 516 987 (100 %) sogaer cagliari (eur) reference activity period financing of the activities activities 1 & 2 activity 3 total (a) 2010 [ ] [ ] 4 657 311 2011 [ ] [ ] 4 977 946 2012 [ ] [ ] 4 869 410 2013 [ ] [ ] 4 946 576 total [ ] [ ] 19 451 243 (100 %) geasar olbia (eur) reference activity period financing of the activities activities 1 & 2 activity 3 total (a) 2010 [ ] [ ] 3 972 223 2011 [ ] [ ] (50) 2 945 500 2012 [ ] [ ] 3 029 160 2013 [ ] [ ] 3 795 935 total [ ] [ ] 13 742 818 (100 %) (92) table 8 summarises the payments by the airport operators to airline companies for the financing of activities 1 and 2. table 8 financial flows from the airport operators to airline companies for the financing of activities 1 and 2 sogeaal alghero (eur) 2010 2011 2012 2013 total ryanair [ ] [ ] [ ] [ ] [ ] ams [ ] [ ] [ ] [ ] [ ] easyjet [ ] [ ] [ ] volotea [ ] [ ] alitalia [ ] [ ] meridiana [ ] [ ] [ ] wizzair [ ] [ ] [ ] total [ ] [ ] [ ] [ ] 35 221 513 sogaer cagliari (eur) 2010 2011 2012 2013 total ryanair [ ] [ ] [ ] [ ] [ ] ams [ ] [ ] [ ] [ ] [ ] easyjet [ ] [ ] [ ] [ ] [ ] germanwings [ ] [ ] tourparade [ ] [ ] air berlin [ ] [ ] vueling [ ] [ ] volotea [ ] [ ] [ ] total [ ] [ ] [ ] [ ] 19 018 170 geasar olbia (eur) 2010 2011 2012 2013 total meridiana fly [ ] [ ] [ ] [ ] [ ] air italy [ ] [ ] [ ] air berlin [ ] [ ] [ ] [ ] [ ] easyjet [ ] [ ] [ ] [ ] [ ] norwegian [ ] [ ] [ ] [ ] [ ] jet2.com [ ] [ ] [ ] [ ] niki [ ] [ ] vueling [ ] [ ] air baltic [ ] [ ] volotea [ ] [ ] [ ] total [ ] [ ] [ ] [ ] 12 683 623 2.8.3. conclusion (93) as set out in table 6, the financing provided by the region has been fully transferred to airport operators, which themselves have even provided more financing than they received from the region for the implementation of activities 1, 2 and 3 under their plans of activities. (the difference between the funding actually provided for the implementation of activities 1, 2, 3 (column b of table 9) and the amount actually received from the region by airport operators for carrying out these activities (column c of table 9) amounts to eur 12 733 760). table 9 comparison between the financing provided by the region and the amounts financed by airport operators for the implementation of the three activities pursuant to law 10/2010 (eur) contribution fixed up by the region (a) total amount financed by airports for the three activities (b) difference (a) (b) net amount effectively received from the region by airport operators (c) difference (b) (c) alghero 35 516 988 35 516 987 1 33 028 346 2 488 641 cagliari 19 250 617 19 451 243 200 625 13 607 197 5 844 045 olbia 13 742 651 13 742 818 167 9 341 744 4 401 074 total 68 510 256 68 711 048 200 792 55 977 287 12 733 760 (94) in addition, as regards airlines, as set out in table 8, the financing provided by the region through airport operators to airlines for activities 1 and 2 has been passed on to the following companies: (1) ryanair (2) ams (3) meridiana fly (4) air italy (5) air berlin (6) easy jet (7) norwegian (8) jet2.com (9) niki (10) vueling (11) air baltic (12) volotea (13) tourparade (14) alitalia (15) wizzair (16) germanwings. 3. grounds for initiating the procedure and the initial assessment by the commission (95) according to the opening decision, the scope of the formal investigation procedure encompasses the following activities: (a) financial compensation from the region to the three airport operators (sogeaal, geasar and sogaer) throughout the period 2010-2013 for the financing of activities 1, 2 and 3; (b) financial compensations provided by the three airport operators to airline companies for the financing of activities 1 and 2 throughout the period 2010-2013 (51). (96) the opening decision noted that since the commission was investigating possible unlawful aid granted by the operator of alghero airport in case sa.23098 (52), the present case covers only aid measures not examined in that case (53). (97) regarding the financial compensation from the region to the three airport operators, the commission reached the preliminary conclusion that the compensation granted to sardinian airports constitutes state aid within the meaning of article 107(1) of the treaty and that, italy had not respected the standstill obligation in article 108(3) of the treaty with respect to that compensation. (98) the commission expressed its doubts on the compatibility of the compensation scheme for the airport operators with the internal market. in particular, the commission reached the preliminary view that the compensation at issue could not be seen as compensation for a genuine sgei entrusted to airport operators. (99) regarding the financial compensation provided by the three airport operators to airline companies for the financing of activities 1 and 2, the commission considered that it may involve state aid within the meaning of article 107(1) of the treaty and that it might be considered illegal under article 108(3) of the treaty, given that it appears to have been granted to the beneficiaries in violation of the standstill obligation. in particular, the commission considered that the region exercised control over the resources under consideration, which had been clearly committed in the regional budget for the precise purpose, among others, of subsidising air transport routes to and from the airports. therefore the commission considered that the transfers from the airport operators to the airlines were imputable to the state and involved state resources. the commission also considered that the funding received by airlines reduces the costs that they would otherwise have to bear from their own resources if they were to operate the same flight schedule, and concluded that there was an economic advantage for airlines. (100) furthermore, the commission expressed its doubts whether the financial compensation paid to airlines operating at the airports of alghero, cagliari and olbia can be considered compatible with the internal market pursuant to article 107(3)(c) of the treaty. in particular the commission expressed its doubts regarding compatibility in accordance with the 2011 sgei decision (54) in conjunction with regulation (ec) no 1008/2008, the 2011 sgei framework (55) in conjunction with regulation (ec) no 1008/2008, and the 2005 aviation guidelines. 4. comments from italy on the opening decision 4.1. the law 10/2010 (101) italy justifies the financial intervention based on law 10/2010 for the period 2010-2013 by the development of air transport between sardinia and domestic and european destinations with the aim of increasing touristic flows, in particular outside of the summer season, which is of great importance for the sardinian economy. (102) the law assigns airports operators specific responsibility for fulfilling its objective and designing its conditions and criteria. in particular, airport operators have to elaborate plans of activities subject to approval of the region, which specify the actions to be undertaken to favour de-seasonality and increase of air transport. those plans of activities include a financial business plan, which presents the expected results and the financial resources needed to reach the objective. (103) the plans of activities have to respect the following conditions: (a) the routes covered by the plan have to be different from those already covered by public service compensation, (b) an adequate promotion of the island has to be envisaged in the case of new routes or an increase in the operational period of flights. (104) when the financial resources needed exceed the budget of the region, the required funds should be allocated according to the criteria defined in sardinia's decision no 29/36 of 29 july 2010 (56) (priority to international routes, important hubs served, de-seasonality, highest flight frequency ). (105) the law 10/2010 provides for the three categories of activities to be financed by the region, as referred to in recitals 44 et seq. (106) the various activities prepared by the airport operators are described in detail in the plans of activities of each airport and italy has provided the commission with tables summarising the activities carried out and the relevant regional financing. italy argues that the activities had a positive impact for the region, as in the period in question air traffic and related passengers inflows have increased. (107) italy specifies that the main beneficiaries of the regional financing pursuant to law 10/2010 are airlines: indeed, law 10/2010 foresees the financing, throughout sardinian airports, of airline companies willing to open or increase new routes and provides for the de-seasonality of existing routes in the period 2010-2013. 4.2. financial advances (108) regional law of 30 june 2011, no 12 (57) states that the financial advances provided for by law 10/2010 should bear interest. for this purpose, on 9 august 2011 (58), the region entrusted sfirs with creating and managing a regional fund to manage those financial advances. (109) italy argues that those advances are loans provided at market conditions: according to the rules governing the fund, financial loans bear an interest rate of euribor 6m plus a 2 % spread for 2010 and a 1,50 % spread for 2011 and 2012. in addition, airport operators have to pay a management fee of 1 % of the financial advance for 2010 and 0,5 % for 2011. italy is of the opinion that the market conditions of the financial advances have to be assessed using the synthetic cost indicator (isc) (59), which takes into account all costs linked to the loans to be charged to the airport. italy has provided the commission with a table setting out details of the isc for each financial advance granted. the isc related to the financial advance to sogaer is higher than the other ones and also higher than market conditions, as the financial advance was granted in september 2012 and the isc calculation done for the whole year 2012. (110) italy has provided the information set out in table 10 regarding financial advances granted to the three airport operators for 2010 and 2011 and concludes that the financial advances were granted on financial conditions which were in line with conditions of similar operations on the market. italy specifies that, for 2010 and 2011, the loans were intended to compensate airport operators for the amounts they had already transferred to airlines for the performance of the activities 1 and 2. table 10 financial advances granted to the three airport operators for 2010 and 2011 anticipazioni annualit 2010 societ di gestione sede importo erogato data di erogazione interessi addebitati sino al 2012 commissioni addebitate costo complessivo isc al 2012 sogeaal spa alghero [ ] 01/07/2011 [ ] [ ] [ ] [ ] sogaer spa cagliari [ ] 25/09/2012 [ ] [ ] [ ] [ ] geasar spa olbia [ ] 27/09/2011 [ ] [ ] [ ] [ ] anticipazioni annualit 2011 societ di gestione sede importo erogato data di erogazione interessi addebitati sino al 2012 commissioni addebitate costo complessivo isc al 2012 sogeaal spa alghero [ ] 02/01/2012 [ ] [ ] [ ] [ ] sogaer spa cagliari [ ] 05/07/2012 [ ] [ ] [ ] [ ] geasar spa olbia [ ] 20/07/2012 [ ] [ ] [ ] [ ] 4.3. other information (111) italy points out that regional decree no 122/347 of 17 may 2010 (60) is the administrative instrument which allows the funds allocated by law 10/2010 to be effectively registered in the regional budget. (112) italy specifies that, although law 10/2010 refers to all sardinian airports, the airport operators which were interested in benefitting from the activities are the operators of alghero, olbia and cagliari. on 22 september 2010, the oristano airport operator presented a plan of activities and financing of eur 300 000 for 2010 was approved by the region. however, the oristano airport operator was wound up in may 2011 and the airport is now closed. (113) italy has provided the commission with tables summarising the activities undertaken and the relevant regional financing as well as the contracts concluded between sfirs and airport operators. (114) italy submits (61) that state intervention was needed, as the airports would not have been able to cover the costs sustained for the financing of the activities pursuant to law 10/2010. the three airport operators would not have been able to implement and finance the activities provided for by law 10/2010, either through their own resources, or through bank financing. (a) cagliari airport: the economic performance of the company was negative during the period 2007-2009 and, despite a positive ebitda (62), the business activity did not cover the depreciation costs, which lead to a negative ebit (63). the company was characterised at that time by a constant economic and financial imbalance, which jeopardised its creditworthiness. in 2008, a capital increase of eur 4,4 million was necessary to cover the accumulated losses. because of this difficult financial situation, the airport operator was not able to cover the costs sustained for the implementation of the activities pursuant to law 10/2010 with its own resources. nor was it able to contract further external financing from financial institutions, which it would not have been able to reimburse because of insufficient generation of financial cash flows. during the period 2010-2013, the operational margin of the airport operator decreased slightly by 40 % in terms of ebit and the 2013 annual financial report notes the under-capitalisation of the company and a financial situation which would become critical if the anticipated funding from the region for 2014 was not paid (64). (b) alghero airport: the period 2007-2009 showed serious economic and financial difficulties with a negative net result higher than the shareholders' equity, the reason for a recapitalisation of the company which took place in 2009. the financial advances system managed by the region was primarily targeted for sogeaal, in order to implement the activities provided for by law 10/2010 without imposing any further burden on the company. the airport's ebitda was positive only in 2007 and its ebit was negative throughout the whole period, worsening to a level of eur 11,3 million in 2009. equity had been continuously decreasing over the period concerned, reaching a negative amount of eur 4,8 million in 2009. the company was therefore not able to finance the activities in question with its own resources, nor to make further use of external bank financing because of its incapacity to reimburse the potential debt contracted. the period 2010-2013 saw a continuing negative operational margin in terms of ebit, which changed from eur 3,6 million in 2010 to eur 1,5 million in 2013. the capital structure deteriorated during the period, as equity decreased by more than half to reach a level of eur 2,4 million in 2013 for total assets of eur 41,9 million (65). (c) olbia airport: throughout the period 2007-2009, the airport operator registered a significant economic slowdown mainly linked to the reduction in the number of passengers. ebitda decreased by 22,8 % and ebit by 41,3 % over the period. despite positive net results, the company did not generate positive net cash flows because of an increase of the working capital and a substantial investment program in the period 2007-2009 (eur 13,2 million). global indebtedness increased by eur 2 million over the period and further debt towards financial institutions was highly improbable as it might have jeopardised the financial balance of the company (66). in addition, the financial situation of the airport operator meant it was not able to finance the activities with its own resources, as the generation of financial cash flows was not sufficient to cover the investments in working capital and fixed assets. a third option could have been a capital increase from the shareholders, in order to guarantee the necessary liquidity to finance the three activities provided for by law 10/2010. to assess whether this would have been a valuable option, the investment required has been assessed from the point of view of a market economy investor. the analysis carried out by geasar (67), on the basis of a standard methodology for the profitability assessment of an investment, shows that the net present value (npv) and the internal rate of return (irr) calculated on the agreements concluded between the airport operator and the airline companies were negative, which excludes any interest in a potential capital increase from the shareholders. the period 2010-2013 saw a relative stagnation in terms of ebitda at a level of eur 5,9 million. although the ebit margin and the net result slightly improved over the period, the company still had difficulty in generating positive net cash flows because of increases in the working capital and investments (68). 5. comments from interested parties 5.1. comments from ryanair 5.1.1. comments on the opening decision 5.1.1.1. general considerations (115) ryanair points out that it flies only to alghero and cagliari and not to other sardinian airports. the company stresses that its right to submit comments is hampered by the absence of a reasonably detailed description of the alleged aid to ryanair, particularly regarding cagliari airport. ams and ryanair are therefore unable to submit comments that fully address the arrangements between ryanair, ams and cagliari airport. (116) ryanair commissioned a consultancy firm to prepare a detailed meip (69) comparator analysis, demonstrating that the charges paid by ryanair at cagliari airport are in line with or exceed those paid by ryanair at comparable private or public-private airports, therefore complying with the meip. (117) ryanair argues that they were not aware of the existence of sardinian regional law 10/2010 when entering into arrangements with cagliari and alghero. ryanair argues that ams negotiated with the airport operators on a commercial basis, with reference to the terms applicable at comparable airports around europe (in the case of ryanair) and taking into account the relevant ams rate card applicable at the time (in the case of ams). (118) ryanair argues that the sardinian airports were the direct beneficiaries of the alleged aid, whereas the airlines were indirect beneficiaries. ryanair notes that the commission assumes that the aid has been provided to the airports following a formula, however only the components of that formula are provided in the opening decision, not the formula itself. this lack of information denies ryanair its right to make comments in this respect. (119) furthermore, even if the airports have received aid, the commission cannot simply conclude that this has been passed on to the airlines, without any specific evidence supporting this assumption. ryanair specifies that the commission has not identified any element in the contracts between cagliari airport and ryanair/ams that could consist of state aid. (120) finally, ryanair contests the use of the 2005 aviation guidelines in the opening decision to determine whether aid was granted to the airports. in fact, the 2005 guidelines do not provide a reliable reference framework for the assessment of alleged state aid to airports and low cost airlines. 5.1.1.2. ryanair's arrangements with airports (121) regarding agreements with airports, ryanair stresses the fact that it negotiates with airports on a genuinely commercial basis, which explains why the outcome of those negotiations varies from airport to airport. in assessing ryanair's arrangements with airports, ryanair points out that the commission has to: (a) consider all relevant factors by assessing the agreements with airports, considering the implication of non-aeronautical revenues and network externalities; (b) rely on comparator airports; (c) take into account the market position of regional airports in europe which remain more exposed to strong competition from neighbouring airports, while being barely conceived and managed on a commercial basis; (d) consider the airports' long-term planning: regional airports do not respond to the application of a standard 5-year business plan; (e) apply the single till approach, taking into account airport revenues generated both from aeronautical and non-aeronautical activities; (f) integrate network externalities: an increased number of users of an airport makes it more valuable to other potential users and therefore increases its overall value; (g) take into account that ryanair's agreements with airports are not concluded on an exclusive basis: usually the airports under investigation have ample spare capacity to accommodate other airlines. (122) in assessing the fees paid by ryanair to airports for the various services it receives, the significantly reduced needs of ryanair compared to other airlines, due to its business model, have to be taken into consideration, as well as the substantial non-aeronautical revenues generated by airports thanks to ryanair. 5.1.1.3. marketing agreements (123) ryanair reiterates that ams's marketing agreements with airports are negotiated and concluded separately from ryanair's agreements with the same airports. in particular, ryanair and ams specify that there is no advantage for ams since ams concludes marketing agreements with public and private airports. public and private parties therefore compete for the limited space available for advertisement on ryanair.com. thus, ams does not benefit from any advantage for the purpose of state aid law, as meip is satisfied throughout the conclusion of those agreements. (124) moreover, ryanair argues that the commission failed to present any legal or factual basis to question the commercial rationale of the decision of the operators of alghero and cagliari airport to advertise on ryanair.com, in circumstances where ams offers its services at a market price. as a result, ams is not in a position to exercise its right of defence. (125) ryanair also presented two more studies on the changing trend of airport revenues. over the years, airports have significantly increased their revenues from non-aeronautical services. according to ryanair, advertising on ryanair's website increases the proportion of inbound passengers and, therefore, the non-aeronautical revenues. (126) ryanair states that marketing and advertising on the websites of all airlines has become a mainstream practice; this is particularly the case of airport companies, who have started to promote their brand on the internet especially through airlines' websites. (127) ryanair specifies that ams does not discriminate between airports, public authorities and other non-airport clients. privately owned or controlled airports and other private parties have concluded agreements with ams based on similar, non-discriminatory terms. 5.1.1.4. state aid issues (128) ryanair is of the opinion that there is no imputation to the state in the measures at stake: simple approval by the sardinian authorities of the airport's plans of activities is not sufficient for the imputation of a measure to the state. (129) ryanair stresses that the selection of airlines on the basis of commercial bids presented to airport operators following the publication of notices on their websites represents itself a tender procedure. moreover, there is no need for a tender when the airport-airline deal satisfies the meip and there is no sgei/pso applicable to the airline, as in this case. (130) ryanair also raises doubts on the selective criteria challenged by the commission, since any airline wishing to enter into arrangements with alghero or cagliari airport could have done so. (131) ryanair concludes by asserting that the situation in sardinia arises out of the inadequacy of the rules governing public service obligations routes under regulation (ec) no 1008/2008 and their application by the italian authorities. as a result, italian airports are faced with the following choices: (i) serving routes with public service obligations operated by traditional airlines, using small aircrafts and delivering small numbers of passengers at the cost of high subsidies (which would nevertheless not be sufficient to ensure low ticket prices); or (ii) entering into business relationships with low cost carriers, with guarantees on passenger volumes, use of large aircraft, delivery of large numbers of passengers, no subsidies and low ticket prices. faced with such a choice, any market economy investor would have selected the second option. (132) in the light of those observations, ryanair concludes that neither ryanair nor ams have been a beneficiary of state aid and that the sardinian airports acted in line with the meip. 5.1.2. economic meip assessment with regard to cagliari international airport (70) (133) ryanair instructed a consultancy firm to prepare a detailed meip comparator analysis, demonstrating that the charges paid by ryanair at cagliari airport are in line with or exceed those paid by ryanair at comparable private or public-private airports, therefore complying with the meip. the consultancy firm acting on ryanair's behalf sent the fully confidential version of that report directly to the commission. (134) the analysis shows that the overall level of charges paid by ryanair at cagliari airport is, on average, higher than the comparable level of charges paid by the airline over the same period at the comparator airports. specifically, the average charge paid by ryanair at cagliari airport is 2,3 to 2,4 times higher that paid by ryanair at the comparator airports, on both a per-passenger and per-turnaround basis, over the period between 2006/07 and 2012/13. (135) the study concluded that the various agreements considered in the procedure were compatible with a level of charges that would have been offered to ryanair by an airport-owning market economy investor in similar circumstances. 5.1.3. identifying the market benchmark in comparator analysis for meip tests (71) (136) the consultancy firm acting on ryanair's behalf believes that the commission's approach of only accepting comparator airports in the same catchment area as the airport under investigation is flawed. (137) it argues that market benchmark prices obtained from comparator airports are not polluted by state aid given to surrounding airports. therefore, it is possible to robustly estimate a market benchmark for the meip tests, as: (a) comparator analyses are widely used for meip tests outside of the field of state aid; (b) companies affect each other's pricing decisions only if their products are substitutes or complements; (c) airports in the same catchment area do not necessarily compete with each other, and the comparator airports used in the reports submitted face limited competition from state-owned airports within their catchment area (< 1/3 of commercial airports within the catchment area of comparator airports is fully state owned, and none of the airports within the same catchment area as comparator airports was subject to on-going state aid concerns (as of april 2013)); (d) even where comparator airports face competition from state-owned airports within the same catchment area, there are reasons to believe their behaviour is in line with the meip (for example, where there is a large private ownership stake or where the airport is privately managed). (e) market economy investor airports will not set prices below incremental cost. 5.1.4. principles underlying profitability analysis for meip tests (72) (138) the consultancy firm acting on ryanair's behalf argues that its profitability analysis submitted to the commission follows the principles that would be adopted by a rational private sector investor and reflects the approach apparent from commission precedents. indeed, the terminal value can be adjusted by a conservative assumption on the probability of whether the agreement will be renewed with ryanair or whether similar terms will be agreed with other airlines. incremental profitability of ryanair agreements to the airports should be assessed on the basis of estimates of the npv or irr measures. 5.1.5. brand building: why and how small brands should invest in marketing (73) (139) the study aims to set out the commercial logic underlying regional airports' decisions to buy advertising on ryanair.com from ams. (140) since there is a large number of well-known and habitually used airports, weaker competitors must overcome static buying behaviour of consumers by finding a way to consistently communicate their brand message to a wide audience. nevertheless, traditional forms of marketing communication require expenditure beyond their resources. (141) instead, advertising via ams: (i) offers an opportunity to reach a significant audience, consisting of consumers who are already considering a travel purchase; (ii) entails relatively low costs (rate card at commercial rates for online communication); (iii) allows communication during the purchasing phase; (iv) offers the possibility of creative advertising. 5.1.6. ryanair's submission of 20 december 2013 (142) ryanair submitted comments on 20 december 2013, regarding the payments to ams, ryanair's wholly owned web advertising subsidiary. (143) ryanair disagrees with the commission's assessment of payments to ams as costs to the airport as this approach disregards the value of ams' services to the airport. ryanair furthermore believes that the purchase of valuable marketing services at market rates should be considered separately from a related airport-airline contractual arrangement for the purposes of the market economy operator analysis. (144) in support, ryanair submits an analysis from a consultancy firm acting on its behalf benchmarking the prices charged by ams with the prices of comparable services offered by other travel websites. the analysis concludes that the prices charged by ams were either lower than the average or within the mid-range of prices charged by comparator websites. (145) according to ryanair, this shows that ams' prices are in line with the market prices. the decision by a public airport to purchase ams' services is therefore in line with the market economy operator test. (146) ryanair asks the commission to reassess its approach adopted for the analysis of ams' contracts. ryanair believes that ams arrangements should be considered separately from ryanair's airport services arrangements, being therefore subjected to a separate market economy operator test. should the commission insist on including ams arrangements and ryanair's airport services arrangements in a joint market economy operator test, the value of ams services to the airport should at least not be disregarded. (147) the report of the consultancy firm acting on ryanair's behalf of 20 december 2013 on ams prices refers to the conclusions drawn in previously submitted reports by marketing advisers mindshare (2004) and zenobie conseil (2011), as well as professor mcloughlin's report (2012) outlining the importance of advertising for small brands. those reports confirm that ryanair has a strong pan-european brand, capable of applying a premium price for its advertising services. (148) in the analysis, ams rates were compared with the advertising prices applied by a sample comparators' websites for the period 2004-2005, when the ams rate card was first introduced, and 2013. the results show that ryanair.com has more than twice as many monthly visitors as the next most popular travel website, and that visitors are more likely to enter into other e-commerce transactions. these unique characteristics combined with high brand awareness allow ryanair to charge a premium. (149) in conclusion, for both periods and across sectors, ams rates were found to be lower than or within the range of prices charged by websites in the comparator sets. (150) in support, ryanair submitted data on traffic to its united kingdom homepage between november 2012 and november 2013, and in the period 2009-2012, as well as data on ams services bought by several airports and ams' agreements with those airports. (151) the annex b.4 to ryanair's submission of 20 december 2013 consists in the ams contract dated 27 march 2009. in particular, the contract states that airport marketing services will provide a package of marketing services for the period 29 march 2009-28 march 2010 for the value of eur 1 600 000,00. for the period from 29 march 2010 until 28 march 2014, the value of the internet services will amount to eur 2 000 000,00 per annum and will be based on the airport marketing services current rate card. [ ] 5.1.7. ryanair submission of 17 january 2014 (152) ryanair submitted a report prepared by a consultancy firm concerning the principles that it believes should apply to a market economy operator profitability test encompassing both the air services agreements concluded between ryanair and the airports and the marketing agreements concluded between ams and the same airports. ryanair emphasises that this does not prejudice its position that ams agreements and air service agreements should be subjected to separate market economy operator tests. (153) the report states that ams-associated income should be included on the revenue side in a joint profitability analysis, where ams expenditure is included on the cost side. in order to do so, the report proposes a cash-flow-based methodology, by which expenditures on ams would be treated as an incremental operating expense. (154) the report submits that marketing activities contribute to creating and enhancing brand value, which is likely to generate business and profits over the duration and beyond expiry of the marketing agreements. because of an agreement with ryanair, other airlines are more likely to be attracted to the airport, increasing the flow of commercial operators and the airport's non-aeronautical revenues. were the commission to undertake a joint profitability analysis, those benefits should be taken into account by treating expenditure on ams as an incremental operating expense, with incremental profits calculated net of ams payments. in addition, a terminal value could be included in projected incremental profits in order to capture value accruing beyond expiry of its term. (155) in support of this approach, the report submits a summary of the results of studies that demonstrate how advertising can build brand value and improve customer loyalty. in particular, advertising on ryanair.com increases brand exposure for an airport. specifically, smaller regional airports aiming to increase their traffic base can build their brand value by entering into advertising agreements with ams. (156) finally, the cash-flow approach is argued to be in line with state aid and non-state aid competition decisions from the commission, namely the case of bayernlb, where the commission indicated that it would use a dividend discount valuation model to estimate cash flows and then assign a terminal value based on projected dividend growth, and the margin squeeze case relating to telef nica, where the commission incorporated a terminal value into its discounted cash flow analysis. 5.1.8. oxera's report 31 january 2014: how should ams agreements be treated within the profitability analysis as part of the market economy operator test? practical application (157) on 31 january 2014 ryanair communicated on the commission state aid investigations in which it is currently involved. on the basis of studies commissioned to a consultancy firm, ryanair discusses the practicalities of incorporating ams within a joint ams-asa (74) profitability analysis (75) and argues how, in principle, under its understanding of the commission's approach, ams agreements can be incorporated within a joint ams-asa profitability analysis. (158) the approach adopted takes into account the potential for the asa and ams agreements to sustain an airport's profits beyond the scheduled end of the asas. (159) ryanair argues that ryanair's presence at an airport could attract other passengers or airlines to use the airport. advertising and promotion, as a result of the ams agreements, could lead to a greater traffic of ryanair or non-ryanair passengers, after the scheduled expiry of the asa with ryanair. furthermore, it could also increase the non-aeronautical revenues of the airport. in ryanair's opinion, this is an intuitive result, since almost all businesses in the economy will invest in marketing to improve profitability via product differentiation. given the typical benefits of marketing, and the network effects associated with growth within airports, it would be therefore incorrect to assume that the only incremental revenues associated with ams marketing will be ryanair passengers using the airport during the lifetime of the asa. 5.1.9. comments by ryanair of 12 september 2014 (160) ryanair points out that the examination of the airport-airline arrangement must involve a market economy operator analysis, as recognised by section 3.5 of the 2014 aviation guidelines. (161) furthermore, ryanair argues that the capacity approach to the allocation of investment costs is both legally correct under the ex-ante profitability test, and also correct as a matter of economics. indeed, the actual usual approach fails to reflect the fact that meo profitability analyses must be carried out on an ex-ante basis. 5.1.10. allocation of investment costs (76) (162) the report of the consultancy firm acting on ryanair's behalf highlights paragraph 64 of the new aviation guidelines and states that, in fact, the hypothetical new terminal or facilities are not required only for one specific airline but other airline companies also can benefit from them. it points out that it is not fair to attribute 100 % of the costs to one company even if it is the only company that operates in the airport, whereas the calculation of the costs based on the utilisation of the capacity created by the investments could be a good way. (163) ryanair stresses the critical difference in measuring utilisation with respect to capacity, rather than share of traffic. the airport of angouleme is taken as an example, where ryanair represented 95-97 % of traffic, but only 25-28 % of the capacity utilisation. (164) the consultancy firm provides the commission with several examples, including the alghero case (77). in 2004 a new passenger terminal opened at alghero airport that significantly increased the airport's passenger capacity from about 0,8 million to 2,5 million. this increase in terminal capacity was reflected in sogeaal's business plans through increased rotations and passenger departures from 2004 onwards. (165) in conclusion, the note reports that the appropriate way to allocate investment costs is in relation to the expected share of capacity represented by a given airline agreement. 5.1.11. evaluation of the wider impact of ams agreements on airport traffic (78) (166) the consultancy firm acting on ryanair's behalf has examined the expected incremental profitability of the agreements from the airport's perspective, by analysing not only the costs of the ams payments, but also the benefits, in terms of the increased attractiveness of the airport, and the potential both for higher levels of non-ryanair passenger traffic and correspondingly higher levels of non-aeronautical revenues. (167) in order to demonstrate the wider impact of the ams agreements, the alghero airport has been handled as a case study by the consultancy firm. the results of that analysis reveal a positive impact on sogeaal thanks to the marketing agreements signed with ams. in particular the airport benefitted from (i) a possible increase in attractiveness for other airlines, (ii) a limited decline in passenger numbers due to the financial crisis and (iii) a potential audience of ams advertising more than 50 times greater compared to similar arrangements with alitalia. (168) finally, the report argues that, in the absence of any empirical analysis of the impact of advertising on ryanair.com, it is incorrect to conclude that the only benefits of advertising on ryanair.com are to increase levels of ryanair traffic, and that the benefits of the ams agreements do not persist beyond the expiry date of the agreements. 5.1.12. the role of comparator analysis in meop (79) assessments (80) (169) ryanair argues that the commission has not undertaken any assessment of the efficiency of the airports' costs when carrying out the profitability analyses. therefore, they stress the fact that ryanair is not in a position to know whether the deal is expected to be profitable for the airport. (170) the analysis conducted by the consultancy firm acting on ryanair's behalf highlights the importance of a comparator analysis to understand the real costs of an airport. it introduces many examples of comparator analysis used by the commission in recent years and stresses the fact that the commission itself states that comparator analysis has a great importance in meop assessments. (171) in conclusion, ryanair suggests using the comparator analysis at least as a cross-check on the results from the profitability analysis. 5.1.13. economic meop assessments: comparator analysis including ams (81) (172) the study provided by ryanair demonstrates how the results of the 2012 and 2013 at l beck and cagliari airports do not change after the inclusion of ams payments within the comparator analysis. (173) it concludes that, over the period under consideration (2007-2013), net charges paid by ryanair at cagliari airport have been, on average, higher than the average at the comparator airports. this implies that a market economic operator would have been likely to have offered similar arrangements to ryanair. in particular, they argue that the result is not sensitive to the treatment of ams payments, and is robust to various sensitivity checks. 5.1.14. economic meop assessment: cagliari airport, profitability analysis (82) (174) the study aims to demonstrate, through an ex ante analysis, that the asa agreements of january 2007, december 2007 and december 2009 were considered profitable by sogaer spa (operator of cagliari airport) and would have also been considered profitable by any other management company, in accordance with the 2014 aviation guidelines. (175) in particular, the profitability analysis based on the npv calculation shows a positive outcome of the index for the whole period (2007 and 2009). consequently the arrangements at cag appear to be market-conform. (176) the evidence indicates that, under similar circumstances, a market economy operator of the cagliari airport would have found it profitable to have been offered similar arrangements to those that were agreed between ryanair and cagliari airport. 5.1.15. the impact of ryanair's operations on airports' non-aeronautical revenues (83) (177) the consultancy firm acting on ryanair's behalf considered that the start of ryanair's operations had a significant positive impact on the level of per passenger non-aeronautical revenues of the airport. on this basis, the report claims that the approach used to date in its meop profitability analysis as well as in the commission's analysis (84) were conservative, as they did not include this increase in the airport revenues. (178) the report undertakes an empirical analysis using a sample of 57 european airports meant to be as similar as possible to the airports assessed in the present investigation. the result is that the start of ryanair's operations (85) in 29 of those airports led to an increase of around 12,0-13,7 % in non-aeronautical revenues per departing passenger in real terms (over and above inflation), this effect being statistically significant. this is likely to be due to ryanair passengers spending more than passengers from other airlines, partly as a result of limited catering facilities provided on-board low-cost carriers, and as a result of the start of ryanair's operations resulting in the development of the terminal for example, by attracting additional retail outlets. (179) the report also finds that this effect held for low-cost carriers more generally. due to the growth in the low-cost carrier industry with strong brands that carry significant levels of passenger traffic, the start of a low-cost carrier's operations at an airport could result in significant development of the airport and hence higher non-aeronautical revenues on a per-passenger basis. based on the sample of airports considered, the start of operations by full-fare carriers, in contrast, does not have a significant impact on airports' non-aeronautical per passenger revenues. (180) according to that report, the results highlight the conservative nature of the approach used to date in its meop profitability analysis as well as in the commission's analysis. these analyses do not assume any accelerated growth in airports' non-aeronautical revenues on a per passenger basis and hence do not capture the wider benefits of ryanair's operations from airports, but only uprated estimates of non-aeronautical revenues per departing passenger by the much lower rate of inflation. the consultancy firm therefore expected its meop analysis and the commission's analysis to underestimate the expected profitability of ryanair's arrangements at the airport. 5.2. comments from easyjet 5.2.1. comments on the opening decision 5.2.1.1. easyjet operations in sardinia (181) during the period 2010-2013, easyjet operated from cagliari and olbia airports. the contract with cagliari airport (182) the contract with cagliari airport operator was signed on 14 december 2010, and was valid from 29 march 2010 to 28 march 2013 (86). the total value of the cagliari contract was eur [ ]: the contract provides that the airport operator of cagliari airport should pay easyjet eur [ ] for the first year, eur [ ] for the second year and eur [ ] for the third. (183) the contract with cagliari airport clarifies that, in order to boost the region's economy and gain a suitable economic return, the region decided to increase its marketing investments in the tourism industry and thus provided airport operators, year by year, with an amount to be spent for that purpose. easyjet committed to provide marketing activities, operate point to point flights, and reach passenger targets as indicated in the contract. (184) the contract includes a 3-year business and media plan prepared by easyjet and passenger targets to be reached by the airline company. an economic impact study commissioned to an external consultant is attached to the contract and measures the return of the investment, resulting from marketing activities. (185) failure by easyjet to comply with the commitment to operate the routes and frequencies agreed would entitle sogaer not to pay the corresponding amount. easyjet gave a commitment to pay all relevant and standard airport fees and taxes to sogaer. failure to pay the aforementioned fees and taxes would have been considered a breach of its obligations to sogaer, which would have had the right to terminate the contract. (186) article 5 of the contract with cagliari airport specifies that the provision of financial support is made conditional upon the granting of the relevant funds by the region. contracts with olbia airport (187) the first contract with geasar was signed on 17 march 2011 and covered the period from 28 march 2010 to 27 march 2011 (eur [ ] one off payment). the second contract was signed on 25 january 2012 and covered the period from 27 march 2011 to 30 march 2013 (87) (up to eur [ ] for the summer season 2011-winter season 2011/2012 and up to eur [ ] for the summer season 2012-winter season 2012/2013). the last contract with olbia airport was signed on 1 march 2013 and covered the period from 27 march 2013 to 30 march 2014 (up to eur [ ]). (188) the contracts do not mention that the public funds granted for the development of air transport are from the region. (189) easyjet states that the aim of the contract signed on 25 january 2012 was to further increase its operations within the airport by: (i) opening a new connection between olbia and madrid during summer season 2012; (ii) increasing the weekly frequency of transport from and to berlin during winter season 2012/13; and (iii) developing the traffic flows in transit especially in the international markets, during the medium and low season. the purpose of the contract was to develop a marketing and advertising program with the financial participation of geasar. (190) easyjet prepared a business plan, examined by geasar, which produced its own business plan with the purpose of verifying the financial viability of the contract. the airport operator verified the value of the investment based on the outcome of its own business plan (88). 5.2.1.2. elements of state aid (191) in order to understand whether the measure in question has to be deemed state aid, easyjet goes through each of the criteria set out in article 107(1) of the treaty. state resources (192) easyjet states that, although the contract with sogaer specifically refers to the sardinian regional law 10/2010, pursuant to which the region would grant such funds to the airport operator, there is no evidence that the funds received by easyjet from sogaer and geasar were the same as those granted directly from the region to the airport operators. (193) firstly, easyjet argues that the reference to the regional law in the contract between sogaer and easyjet in itself does not demonstrate a direct link between sardinian regional funds and easyjet. moreover, the fact that that reference was not made in the contract between geasar and easyjet further demonstrates that the law 10/2010 mentioned in the other contract was not material in the relationship between the airport operators and easyjet. (194) easyjet believes that the commission should make a specific assessment pertaining to the easyjet contracts in order to verify whether the funds easyjet received from the airport operators effectively came from the region before reaching the conclusion that the measure in question is state aid. the distortion of competition within the internal market (195) easyjet states that the compensation received is not sufficient to adversely affect competition. this is due to two main factors: the relatively low amount of compensation and the absence of airlines operating on the same routes as mentioned in the contracts. (196) easyjet is the only airline that operates all the routes mentioned in the contract with sogaer and almost all the routes mentioned in the contract with geasar. airport operators invited other airlines to operate the same routes through the publication on their websites of the invitation for airlines to provide business plans to operate routes from/to cagliari and olbia, but only easyjet acted upon this opportunity. (197) since easyjet is the only airline operator on the relevant routes, no competitor can be harmed by the alleged aid. thus, according to easyjet, there is no distortion of competition. absence of any economic advantage (198) easyjet states that the measure does not involve any economic advantage in its favour and bases its argumentation on the private investor principle. (199) easyjet states that sogaer and geasar were able to assess on an ex ante basis the positive economic return of the contracts. the economic return is based on two factors: (i) easyjet gave a commitment to provide the marketing activities, operate the point-to-point flights, and reach the passenger targets provided for in the contracts; (ii) easyjet provided the airport operator with business plans that cover the period of the contracts as well as media plans, in order to allow the airport operator to verify the profitability; and (iii) the airport operator confirmed the return on the investment, resulting from the marketing activities. (200) concerning the first point, easyjet clarifies that in both the cagliari and olbia contracts, it gave a commitment to operate a minimum schedule of operations and frequencies for the relevant routes. (201) concerning the second point, the business plans provided by easyjet describe easyjet's offer in detail, so that airport operators may assess the profitability of the investments. easyjet clarifies that, on the basis of the information available at the time, both the airport operators concluded that the investments resulted in a significant economic return for the airports. (202) sogaer based its decision to operate with easyjet on the result of an economic impact study, certified by an external consultant, which verified the return on the investment, concluding that it was very likely to result in a significant economic return and development for the airport. geasar declared in the contract that it had examined easyjet's business plan, evaluated the assumptions and the expected results and had produced its own business plan, confirming the economic interest in operating with easyjet. (203) the contracts with sogaer and geasar significantly increased the number of passengers at cagliari and olbia airports, thus granting stable and increasing revenue from aeronautical and non-aeronautical activities. (204) easyjet believes that the contracts with sogaer and geasar are based on purely commercial terms. therefore the measure at hand cannot be considered state aid due to the fact that sogaer and geasar acted as private investors looking for economic benefits. 5.2.1.3. compliance with the altmark test and/or article 106(2) of the treaty (205) easyjet affirms that the compensation granted to easyjet does not constitute illegal state aid as it fulfils all four criteria defined by the court of justice of the european union in the altmark judgment (89) to establish whether public service compensation constitute state aid. (206) the measure constitutes compensation for the commitment to operate specifically identified strategic international routes to/from cagliari and olbia airports and provide the related marketing and advertising services, notably during the unprofitable off-peak season,. furthermore its funding under the scheme is limited to (partial) compensation for the costs actually borne by easyjet in fulfilling its public service mission, and eventually allows easyjet to obtain a reasonable profit. (207) easyjet believes that the first altmark condition (entrustment with a well-defined public service obligation) is met since the task of operating strategic international routes has been conferred on easyjet by the state, and that public service task has been precisely defined. easyjet entered into binding contracts with sogaer and geasar as a result of the sardinia law 10/2010 and subsequent implementing acts,. such contracts impose specific obligations on easyjet to ensure that the principle of territorial continuity is upheld and that a sufficient number of flights is provided to carry passengers to/from sardinia also during the off-season. the compensation under scrutiny relates to sgei assigned to easyjet by the region through sogaer and geasar. (208) in analysing the second condition (parameters for calculating the compensation are defined in advance in an objective and transparent manner), easyjet submits that the contracts entrusting easyjet with the task of providing air transport services on the strategic routes sufficiently specify, in advance, the compensation for fulfilment of the task, since they indicate a fixed amount per year specifically relating to the operation of the routes concerned throughout the year. (209) with reference to the third condition (compensation received does not exceed what is necessary to cover the costs and achieve a reasonable profit), easyjet states that the provision of air transport services specified in the contracts with sogaer and geasar entails major fixed and operating costs for easyjet. [ ] easyjet confirms that without the support received from the airports, it would never have operated any routes from sardinian airports, except for during the peak season. (210) easyjet states that even the fourth altmark condition is met (the compensation received does not exceed the costs of a well-run undertaking that is adequately equipped with the means to provide the public service). easyjet submits that it can be considered a typical undertaking, well run and adequately equipped with the means to provide the public service. what easyjet wants to highlight is that it is one of the best-run european airlines and is able to offer customers low fares due to its focus on efficiency, and reliance on high utilisation of fleet and intensive use of it, which all drive down the cost per passenger. (211) should the commission consider that the altmark conditions are not met, easyjet considers that all the conditions of article 106(2) of the treaty are met and that the activities were necessary for the fulfilment of services of general economic interest. the activities may therefore still be justified as compatible under the exception provided by article 106(2)of the treaty. 5.2.1.4. the balancing test (212) according to easyjet, even if the scheme falls outside the scope of regulations and guidelines, the positive outcome of the balancing test makes it fully legal, irrespective of the amount of aid or the size of the beneficiary. aid is considered to have undue negative effects when: (a) it is granted to inefficient or dominant companies in declining sectors; (b) it displaces private investment or research efforts; (c) it discriminates against certain companies or technologies. (213) none of the competitive distortions that are commonly associated with problematic state aid are to be found in this case: (i) the recipients have not captured market shares at the expense of potentially more efficient competitors; (ii) foreign competitors have not been discriminated against to the advantage of national champions; (iii) consumers have not lost out from not having access to cheaper or better products. (214) easyjet states that the scheme in question fulfils the requirements of necessity and proportionality. the scheme is necessary because easyjet would not otherwise operate the routes throughout the year. the scheme is proportional, because the contribution represents only a fraction of easyjet's operating costs. 5.2.1.5. conclusion (215) easyjet concludes that it did not receive any illegal state aid from either sardinian airports or sardinian authorities during the period under investigation. 5.2.2. comments provided on the application of the 2014 aviation guidelines to the measures at stake (216) easyjet asserts that it has already demonstrated that it received no illegal state aid for a number of reasons, which are unaffected by the new guidelines. easyjet stresses that there are two methods, at section 3.5 of the 2014 aviation guidelines, for determining whether agreements between airports and airlines satisfy the market economy operator test and, thus, are free of state aid. (217) the first is the benchmark method, but the commission dismisses this method due to the substantial presence of state subsidies in the airport market. (218) the alternative method proposed consists in ascertaining whether the commercial arrangement concerned incrementally contributes to the profitability of the airport from an ex ante perspective (section 3.5.2 of the 2014 aviation guidelines). easyjet specifies that the commission considers ex ante incremental profitability analysis to be the most relevant criterion for the assessment of arrangements concluded by airports with individual airlines. in the opinion of the company, that assessment should, in principle, be based on a business plan taking into account available information and foreseeable developments at the time when the agreement was concluded. (219) easyjet stresses that, as explained in the comments submitted on 30 july 2013, sogaer and geasar were able to anticipate on an ex ante basis the positive economic return of the contracts. (220) easyjet notes that the positive economic return is based on the following factors: (i) easyjet gave a commitment to provide the marketing activities, operate the point-to-point flights and reach the passenger targets provided for in the contracts; (ii) easyjet provided the airport operator with business plans that cover the period of the contracts as well as media plans, in order to allow the airport operator to verify the profitability; and (iii) the airport operator confirmed the return on the investment, resulting from the marketing activities. easyjet points out that, based on the information available at the time, both airport operators concluded that the investments result in a significant economic return for the airports. in fact, sogaer based its decision to enter into the contract with easyjet on the result of an economic impact study. (221) easyjet also points out that its advertising and marketing activities significantly increased the visibility of cagliari and olbia airports and therefore passenger flow on routes to those airports. (222) regarding point 5.2 of the 2014 aviation guidelines, easyjet notes that there are some changes to the conditions under which airlines can receive aid for launching new routes. easyjet maintains that, for this case, under the new guidelines, more flexible arrangements, in terms of airport size and eligible destinations, could be justified for airports located in remote regions, as in this case on an island. easyjet submits that the new criteria for the admissibility of start-up aid are substantially fulfilled. (223) the company notes that point 5.2 of the 2014 aviation guidelines states that start-up aid to airlines will be considered to contribute to the achievement of an objective of common interest, if one of the following conditions is met: (i) the aid increases the mobility of union citizens and the connectivity of the regions by opening new routes, or (ii) the aid facilitates regional development of remote regions. according to point 2.2 of the guidelines, remote regions mean outermost regions, malta, cyprus, ceuta, melilla, islands which are part of the territory of a member state, and sparsely populated areas. easyjet retains that those criteria are both met. furthermore, the requirement of a genuine transport need also appears to be fulfilled, due to the lack of real alternative transportation methods. (224) easyjet recalls that start-up aid can be granted to airlines departing from airports with fewer than 3 million passengers per year (point 142 of the aviation guidelines), and, on a case by case basis, also to those departing from airports with more than 3 and less than 5 million passengers per year (point 144). as regards olbia airport whose contract with easyjet was signed in 2011 the traffic volumes registered in 2009 and 2010 amounted to, respectively, 1 621 945 and 1 591 821 passengers. with respect to cagliari airport whose contract with easyjet was signed in 2010 the traffic volumes registered in 2008 and 2009 amounted to, respectively, 2 924 805 and 3 317 262 passengers. in any case, the commission, in the opinion of easyjet, should conclude that the start-up aid is necessary pursuant to point 142 (in the case of cagliari airport), or at least to point 144 of the 2014 aviation guidelines. (225) concerning the appropriateness of state aid as a policy instrument, point 147 provides that that that criterion is fulfilled if one of the following conditions is satisfied: (i) an ex ante business plan prepared by the airline establishes that the route receiving the aid has prospects of becoming profitable for the airline without public funding after 3 years, or (ii) in the absence of a business plan for a route, the airlines provide an irrevocable commitment to the airport to operate the route for a period at least equal to the period during which they received start-up aid. easyjet underlines the fact that the business plans drafted at the moment the contracts were signed confirmed the convenience and the sustainability of the agreements for the airports. (226) while no formal commitment to operate beyond the initial 3-year period was provided, de facto that condition is being currently fulfilled, as easyjet has continued to operate at cagliari and olbia airports, after the expiry of the agreement in 2013. (227) regarding the existence of an incentive effect, easyjet recalls that start-up aid to airlines has an incentive effect if it is likely that, in the absence of the aid, the level of economic activity of the airline at the airport concerned would not be expanded. easyjet, referring to the comments that it submitted on 30 july 2013, points out that, without the support received from sogaer and geasar, it would not have operated any of the routes concerned, outside the peak season. (228) with regard to the proportionality of the aid amount, easyjet estimates that that criterion was complied with in this case. finally, concerning the avoidance of undue negative effects on competition and trade, easyjet states that the routes operated cannot be served by any high-speed rail service or other forms of transport. furthermore, there are no other airports in the same catchment areas as cagliari and olbia airports. 5.2.3. additional comments on meop analysis with regard to olbia airport (229) easyjet states that the agreements with olbia airport are compliant with the market economy operator principle. to that end, easyjet provided the commission with one report prepared by a consultancy firm. that study analyses the expected profitability of each marketing agreement concluded by easyjet with olbia on a fully ex ante basis, in line with its understanding of the commission's approach following the 2014 aviation guidelines and the recent case practice (90). (230) the results show that, under relevant assumptions at the time when the 2010 and 2011 marketing agreements were signed, each agreement was expected to be sufficiently profitable (91). indeed, regarding the 2010 and 2011 agreements, the npv is strictly positive both in the reported base case and in multiple sensitivity tests, suggesting that a rational private investor would have been likely to offer similar agreements. (231) thus the evidence presented indicates that, under similar circumstances, a rational market economy investor would have been willing to enter into similar agreements with easyjet, assuming reasonable ex ante expectations for geasar. that analysis implies that, by concluding the various agreements with easyjet, geasar was behaving in a manner similar to a private investor. 5.3. comments from geasar s.p.a. (airport operator of olbia airport) 5.3.1. comments on the opening decision (232) olbia airport mainly handles domestic and international commercial passenger traffic, with an emphasis on tourist traffic. air traffic from and to olbia airport peaks in the summer season, between may and october. (233) geasar stresses that the airport's location in an island region, such as sardinia, means that: (a) it cannot be regarded as overlapping with airports in other member states or in mainland italy; (b) olbia airport is not in competition with the island's other airports (in particular mario mameli airport in cagliari-elmas and the alghero-fertilia airport). the three sardinian airports cannot be considered to be mutually substitutable, as they have different catchment areas. the key reasons for their non-substitutability are: the island's topography, the scattered presence of the population across the territory, the long distances between them and the lack of fast road links between the island's different areas. (234) moreover, air traffic at olbia airport is not in competition with the other modes of transport from and to sardinia. the only alternative to reaching sardinia by air is by sea, but with far longer journey times. 5.3.1.1. the actions taken by geasar to implement law 10/2010 (235) geasar submitted action plans for 2010 and for the 3-year period 2011-2013 to the region, together with their respective funding applications. the region approved the allocation of funding for those periods, by decisions no 43/37 of 6 december 2010 and no 52/117 of 23 december 2011. (236) the actions actually implemented by geasar concerned solely activities 2 and 3 as provided for in law 10/2010; they concerned activities to promote sardinia as a tourist destination. geasar did not conclude any route development agreement under activity 1. activity 2 (237) the airport operator published on its website the call for expressions of interest for the purpose of concluding marketing and advertising contracts implementing law 10/2010. after receiving expressions of interest, geasar negotiated the proposals for marketing activities with the airlines, taking into account the tourism marketing plan drawn up by the region as one of its planning instruments. (238) as a result, geasar concluded, for the period 2010-2013, ad hoc contracts with easyjet, meridiana, air berlin, fly niki, volotea, norwegian, air italy, jet2.com and air baltic. most of the contracts had a duration of 1 or 2 years. (239) the contracts were based on the pre-requisite that the airlines concerned operated certain domestic or european routes from and to olbia. that requirement was linked to the promotion of sardinia as a tourist destination by the airlines. (240) the destination marketing and promotion activities which the carriers undertake to carry out using the budget provided under the contract, are set out in a specific media plan. more specifically, they consist in: (i) classical advertising (that is to say, in town, in the media, in in-flight magazines, etc.); and (ii) online advertising on the air carrier's website. activity 3 (241) geasar entrusted to third parties, on behalf of the region, several initiatives to promote sardinia as a destination, such as advertising in the press and through television commercials, printing of maps with information on sardinia, billboards and window stickers to be put up at the airport, consultancy contracts for planning promotional strategies, participation in sector fairs and press conferences, and promotion of the destination through the offer of travel packages by tourist agencies and a website promoting tourism in sardinia. financial flows (242) the payment of activities 2 and 3 is advanced by the airport operator to the airlines and the other service providers concerned. geasar submitted reports of the activities implemented in the period 2010-2012, with costs actually incurred, to the region. the region should have then reimbursed the sums advanced by the airport operator. (243) the region has partially reimbursed the costs incurred by geasar for the activities 2 and, become of its limited budgetary appropriations. the largest part of the funds disbursed by the region under law 10/2010 relates to activity 2, covering geasar's payments to airlines by way of consideration under marketing and advertising contracts. (244) table 11 shows the financial flows from geasar. table 11 financial flows from olbia airport (eur) 2010 2011 2012 total activity 2 [ ] [ ] [ ] [ ] activity 3 [ ] [ ] [ ] [ ] total reported by the airport operator to the region 3 972 223 3 057 654 3 029 160 10 059 037 right to contributions under law 2010 3 972 223 2 945 363 3 029 160 9 946 747 total contributions under law 2010 reimbursed to the airport operator 3 400 000 2 599 000 3 029 160 9 028 160 5.3.1.2. assessment under article 107(1) of the treaty (245) geasar is not the actual beneficiary of activities 2 and 3 and the opening decision contained an error in that it included geasar among the beneficiaries of the state aid provided for by law 10/2010. geasar was not the beneficiary of the economic advantage deriving from the aid: the contributions granted by the region under law 10/2010 were simply passed on by the airport operators to the ultimate beneficiaries, that is to say the airlines operating air links in the airports under examination. this also applies to the tourist promotion of sardinia commissioned by the airport operators from other companies. (246) according to geasar, the contributions under law 10/2010 do not constitute state aid since at least two of the four conditions for identifying state aid under article 107(1) of the treaty are not met: (a) activities 2 and 3 confer no advantage on geasar, which considers that the funds provided for by law 10/2010 are consistent with the meip: the sums paid by the region, with regard to activities 2 and 3, consist of consideration for a service rendered and costs actually incurred by third parties. geasar also notes that the consideration paid to the airlines (activity 2) and the other service providers (activity 3) is consistent with current market prices. on the other hand, the funding granted by the region under law 10/2010 has generated a financial return for the region over the medium-long term. the amount obtained by the region in terms of increased tax revenue can be considered to be higher than the costs incurred by the region in funding the activities under examination. the loans granted by sfirs were also paid out under market conditions; (b) activities 2 and 3 do not affect trade and do not distort competition: on account of its particular location, olbia airport operates at local level, not competing with other national or european airports. management, albeit partial, of olbia airport was assigned to geasar in 1989, hence well before the judgment in a roport de paris of 12 december 2000, which extended the applicability of state aid rules to the operation of airports. (247) geasar concludes that the contributions under law 10/2010 do not constitute state aid, pursuant to article 107(1) of the treaty. 5.3.1.3. assessment of compatibility pursuant to article 107(3)(c) of the treaty (248) in the alternative, geasar submits that, in any case, the contributions paid out under law 10/2010 are compatible with the internal market pursuant to article 107(3)(c) of the treaty. compatibility must be assessed in accordance with point 79 of the 2005 aviation guidelines (92): (a) the aid is paid out to airlines with a valid operating licence issued by a member state pursuant to regulation (ec) no 1008/2008; (b) the funding at issue was aimed at reducing the seasonality of air traffic; accordingly, it promoted the opening of new routes or schedules, and did not concern airlines subject to public service obligations within the meaning of regulation (ec) no 1008/2008; (c) for the airlines concerned, the subsidised link was profitable; (d) the funding covered the additional start-up costs of operating the new route or the new schedule; those costs are in line with current market prices; (e) the initiatives under law 10/2010 were adequately publicised among the various airlines interested in offering their services; (f) the contracts include a system of penalties triggered by any airline's failure to comply with its commitments towards the airport. (249) geasar notes that the subsidies paid out under law 10/2010 are granted to airlines for a slightly longer period (4 years instead of 3) and are of a greater intensity than allowed by the 2005 aviation guidelines, but adds that not all the contracts concluded with airlines have the duration set out in law 10/2010; most importantly, it stresses that the guidelines allow derogations from the intensity criteria they contain in the case of assisted and economically disadvantaged regions such as sardinia. (250) the measures under examination are appropriate to incentivise development targets consistent with union interests, and do not affect trade between member states to an extent contrary to the common interest. in this regard, geasar refers to the european parliament resolution of 10 may 2012 on the future of regional airports and air services in the eu (93), which stressed the importance of regional airports in the union. (251) geasar believes that the assessment of the compatibility of the measures under examination with the internal market should take into account the key role played by olbia airport in ensuring the territorial continuity of an island region such as sardinia. 5.3.1.4. assessments under article 106 of the treaty (252) geasar notes that the amounts paid out under law 10/2010 do not constitute state aid on the basis of the altmark criteria and, even if they did, they would be compatible under article 106(2) of the treaty. fulfilment of the altmark criteria (253) as to the first condition in altmark, geasar points out that the measures under examination are part of the region's broader geographical and transport policy designed to ensure a minimum of air links between the island and the rest of the union, covering the whole year. (254) according to geasar, the second and third conditions in altmark are met: the parameters on the basis of which the compensation is calculated were established in advance in an objective and transparent manner, and there is no risk of over-compensation since geasar has only been partly reimbursed for the costs incurred. (255) geasar considers that it incurred costs as a private undertaking subject to normal market conditions; therefore, the fourth altmark condition is also met. compatibility pursuant to article 106(2) of the treaty (256) geasar considers that this compatibility should be assessed in the light of the sgei decision of 2005 and, in the alternative, in the light of the sgei framework of 2011, mutatis mutandis. (257) geasar notes that the threshold set out in article 2(1)(a) of the sgei decision of 2005 is met in that the amount of the public contribution was about eur 4 million per year, and geasar's turnover was below eur 100 million. the conditions in articles 4, 5 and 6 of the sgei decision of 2005 are likewise met. (258) as to the applicability of the sgei framework of 2011, geasar points out that: (a) the compensation was granted for a genuine and correctly defined service of general economic interest; (b) the responsibility for the operation of the service of general economic interest was entrusted to the undertakings concerned by way of one or more acts; (c) the amount of compensation does not exceed what is necessary to cover the net cost of discharging the public service obligations, including a reasonable profit. 5.3.2. comments provided on the application of the 2014 aviation guidelines to the measures at stake (259) geasar points out that the alleged aid at issue was granted before 4 april 2014 and that section 8.6 of the 2014 aviation guidelines clarifies the date from which the compatibility criteria set out therein are to be applied. the commission must therefore apply the principle set out in point 172 of the guidelines to all cases concerning operating aid (pending notifications and unlawful non-notified aid) to airports even if the aid was granted before 4 april 2014. section 5 of the guidelines also sets out compatibility criteria for operating aid paid prior to 4 april 2014. on the other hand, the 2014 aviation guidelines do not apply to investment and start-up aid granted in breach of article 108(3) of the treaty before 4 april 2014. the commission must apply to such types of aid the rules in force at the time when the aid was granted (points 173 and 174 of the guidelines). (260) geasar refers to the comments it submitted to the commission on 1 july 2013 to demonstrate that it received no state aid. however, should the commission nevertheless come to the conclusion that the public funding paid out under law 10/2010 qualifies as operating aid of which geasar s.p.a. was the actual beneficiary, the airport operator maintains that any aid granted meets the compatibility criteria set out in the 2014 aviation guidelines. (261) geasar notes that under point 137 of the guidelines, operating aid granted before the beginning of the transitional period, including aid paid before 4 april 2014, may be declared compatible pursuant to article 107(3)(c) of the treaty, to the full extent of uncovered operating costs. a further condition for such aid to be compatible is that: (a) the conditions in section 5.1.2 are met, with the exception of points 115, 119, 121, 122, 123, 126 to 130, 132, 133 and 134; (b) in particular, distortions of competition will be taken into account. (262) geasar believes that all the compatibility conditions set out in the 2014 aviation guidelines have been met. 5.3.2.1. contribution to a well-defined objective of common interest (points 113 and 114 of the 2014 aviation guidelines) (263) geasar notes that any operating aid granted under law 10/2010 certainly contributed to the achievement of an objective of common interest. this is confirmed by the objectives of strengthening the economic, social and territorial cohesion of the reference community which the region intended to pursue through adoption of law 10/2010. indeed, the public contribution granted was intended to promote the development of flight links between the island and the rest of the union and to reduce their seasonality, and it made it possible to avoid any disruptions in the air traffic and connectivity (point 113). (264) geasar s.p.a. maintains that law 10/2010 did contribute to increas[ing] the mobility of union citizens and the connectivity of the regions by establishing access points for intra-union flights (point 113(a)). it adds that law 10/2010 facilitate[d] regional development (point 113(c)); indeed, olbia airport is an essential gateway to tourist destinations in north-eastern sardinia and law 10/2010 has helped to reduce the seasonality of air traffic. 5.3.2.2. need for state intervention (points 116, 117 and 118 of the 2014 aviation guidelines) (265) according to geasar, this requirement is also met, because olbia airport falls within the category mentioned in point 118 of the guidelines, namely airports unable to cover their operating costs. more specifically, olbia airport falls under heading (d), airports with annual passenger traffic of 1-3 million. in 2013 commercial passenger traffic amounted to 1 950 615 passengers. 5.3.2.3. appropriateness of state aid as a policy instrument (point 120 of the 2014 aviation guidelines) (266) geasar believes that there were no other less distortive policy instruments or aid instruments that would have made it possible to attain the same objective, which was to ensure air links to north-western sardinia, which at the time were mainly concentrated in the summer period, and thereby help overcome the lag in development affecting the area as a consequence of its peripheral location and isolation. any aid received was used to maintain and develop commercial traffic, ensuring good links between the different member states. 5.3.2.4. existence of incentive effect (point 124 of the 2014 aviation guidelines) (267) geasar points out that any aid granted to it under law 10/2010 was, in any event, strictly used to enable the development of traffic volumes and airport activity, which are considered to be consistent with the general interest objectives pursued. in the absence of public intervention, those aims would not have been achieved and olbia airport would have incurred a significant decrease in its activity level over the course of the year. 5.3.2.5. proportionality of the aid amount (aid limited to the minimum necessary) (point 125 of the 2014 aviation guidelines) (268) on this point, the airport operator refers to the relevant elements already available to the commission and remarks that the public funds granted are intended to reimburse the operator for costs actually incurred in relation to the initiatives implemented under law 10/2010. 5.3.2.6. avoidance of undue negative effects on competition and trade (point 131 of the 2014 aviation guidelines) (269) geasar observes that any operating aid did not affect competition in any manner. the operator notes that on account of its geographical location, olbia airport is an island operation with a geographically limited scope, not exposed to the competition of other national or union airports. moreover, on account of its characteristics, it is also not in competition with the other airports in sardinia. furthermore, olbia airport does not compete with alternative modes of transport. (270) geasar lastly points out that, again in compliance with the 2014 aviation guidelines, olbia airport is open to all potential users and ( ) not dedicated to one specific user. in the light of the foregoing, the company believes that any operating aid granted under law 10/2010 is fully compatible with the criteria in point 5.1.2 of the 2014 aviation guidelines and should therefore be considered compatible with the internal market pursuant to article 107(3)(c) of the treaty. 5.4. comments from sogeaal s.p.a. (airport operator of alghero airport) 5.4.1. comments on the opening decision (271) sogeaal stresses that the location of the alghero airport in an island region, such as sardinia, means that: (a) alghero airport cannot be regarded as overlapping with airports in other member states or in mainland italy; (b) alghero airport not in competition with the island's other airports (in particular mario mameli airport in cagliari-elmas and the olbia-costa smeralda airport). the three sardinian airports cannot be considered to be mutually substitutable, as they have different catchment areas. the key reasons for their non-substitutability are: the island's topography, the scattered presence of the population across the territory, the long distances between them and the lack of fast road links between the island's different areas. (272) moreover, air traffic at alghero airport is not in competition with the other modes of transport from and to sardinia. the only alternative to reaching sardinia by air is by sea, but with far longer journey times. 5.4.1.1. the actions taken by sogeaal to implement law 10/2010 (273) sogeaal submitted action plans for 2010 and for the 3-year period 2011-2013 to the region, together with the respective funding applications. the region approved the allocation of funding for those periods, by decisions no 43/37 of 6 december 2010 and no 52/117 of 23 december 2011. (274) sogeaal considered that, when implementing activities 1, 2 and 3 provided for in law 2010, it took into account the profitability prospects estimated in the economic-financial plan. activity 1 (275) after publicising its intention to conclude contracts for route development under law 10/2010, sogeaal concluded agreements with ryanair and easyjet, for the years 2010-2013, under which the airlines undertook to reach certain traffic targets, and on reaching them would receive from sogeaal, on the region's behalf, a certain sum of money by way of success fee. activity 2 (276) the airport operator published on its website its intention to conclude marketing and advertising contracts under law 10/2010. sogeaal then concluded marketing and advertising contracts with ams, meridiana, alitalia and wizzair. the contracts were based on the pre-requisite that the airlines concerned operated certain domestic or eu routes from and to alghero. that requirement was linked to the promotion of sardinia as a tourist destination by the airlines. (277) the destination marketing and promotion activities which the carriers carry out using the contribution provided under the contract, include: (i) classical advertising (that is to say, in town, in the media, in in-flight magazines, etc.); and (ii) online advertising on the air carrier's website. activity 3 (278) sogeaal entrusted to third parties, on behalf of the region, several initiatives to promote sardinia as a destination, including the creation of a website promoting tourism in sardinia, classic and online advertising campaigns, and promotion of the destination through the offer of travel packages by tourist agencies. financial flows (279) the payment for the actions carried out under activities 1, 2 and 3 is made in the form of an advance by the airport operators to the airlines and the other service providers concerned. sogeaal submitted the reports of the activities implemented in the period 2010-2012, with costs actually incurred, to the region. the region must then reimburse the sums advanced by the airport operator. (280) the largest part of the funds disbursed by the region under law 10/2010 relates to activities 1 and 2, covering sogeaal's payments to airlines by way of consideration under marketing and advertising contracts, as shown in table 12. table 12 financial flows from alghero airport (eur) 2010 2011 2012 total activity 1 [ ] [ ] [ ] [ ] activity 2 [ ] [ ] [ ] [ ] activity 3 [ ] [ ] [ ] total reported by the airport operator to the region 8 517 962 9 041 162 9 062 413 26 621 538 right to contributions under law 2010 8 517 962 9 041 162 9 062 413 26 621 538 total contributions under law 2010 reimbursed to the airport operator 8 517 962 9 041 162 9 062 413 26 621 538 5.4.1.2. assessment under article 107(1) of the treaty (281) sogeaal is not the actual beneficiary of activities 1, 2 and 3. sogeaal claims the opening decision contained an error in that it included sogeaal among the beneficiaries of the state aid provided for by law 10/2010. (282) sogeaal was not the beneficiary of the economic advantage deriving from the aid: the contributions granted by the region under law 10/2010 were simply passed on by the airport operators to the ultimate beneficiaries, that is to say, the airlines operating air links in the airports under examination. this also applies to the tourist promotion of sardinia commissioned by the airport operators from other companies. (283) according to sogeaal, the compensation granted under law 10/2010 do not constitute state aid. three of the four conditions for identifying state aid under article 107(1) are not met. activities 1, 2 and 3 do not affect trade and do not distort competition: on account of its particular location, alghero airport operates at local level, not competing with any other national or european airports. management, albeit partial, of alghero airport was assigned to sogeaal in 1989, hence well before the judgment in a roport de paris of 12 december 2000, which extended the applicability of state aid rules to the operation of airports. (284) activities 1, 2 and 3 confer no economic advantage. sogeaal considers that the funds provided for by law 10/2010 are consistent with the meip: the sums paid by the region, with regard to all three activities consist of consideration for a service rendered and costs actually incurred by third parties. sogeaal also notes that the consideration paid to the airlines (activity 2) and the other service providers (activity 3) is consistent with current market prices. (285) the funding granted by the region under law 10/2010 has generated a financial return for the region over the medium-long term. the amount obtained by the region in terms of increased tax revenue can be considered to be higher than the costs incurred by the region in funding the activities under examination. the loans granted by sfirs were also paid out under market conditions. (286) sogeaal concludes that the contributions under law 10/2010 do not constitute state aid pursuant to article 107(1) of the treaty. 5.4.1.3. assessment of compatibility pursuant to article 107(3)(c) of the treaty (287) in the alternative, sogeaal submits that, in any case, the contributions paid out under law 10/2010 are compatible with the internal market pursuant to article 107(3)(c) of the treaty. compatibility must be assessed in accordance with point 79 of the 2005 aviation guidelines (94): (a) the aid is paid out to airlines holding a valid operating licence issued by a member state pursuant to regulation (ec) no 1008/2008; (b) the funding at issue was aimed at reducing the seasonality of air traffic and accordingly promoted the opening of new routes or schedules, and it did not concern airlines subject to public service obligations within the meaning of regulation (ec) no 1008/2008; (c) for the airlines concerned, the subsidised link was profitable; (d) the initiatives under law 10/2010 were adequately publicised among the various airlines interested in offering their services; (e) the contracts include a system of penalties triggered by any airline's failure to comply with its commitments towards the airport. (288) sogeaal notes that the subsidies paid out under law 10/2010 are granted to airlines for a slightly longer period (4 years instead of 3) and a greater intensity than allowed by the 2005 aviation guidelines but adds that not all the contracts concluded with airlines have the duration set out in law 10/2010; most importantly, it stresses that the guidelines allow derogations from the intensity criteria they contain in the case of assisted and economically disadvantaged regions such as sardinia. (289) the activities under examination are appropriate to incentivise development targets consistent with union interests and do not affect trade between member states to an extent contrary to the common interest. in this regard, sogeaal refers to the european parliament resolution of 10 may 2012 on the future of regional airports and air services in the eu, which stressed the importance of regional airports in the eu. (290) sogeaal believes that assessment of the compatibility of the measures under examination with the internal market should take into account the key role played by alghero airport in ensuring the territorial continuity of an island region such as sardinia. 5.4.1.4. assessments under article 106 of the treaty (291) sogeaal notes that the amounts paid out under law 10/2010 do not constitute state aid on the basis of the altmark criteria and, even if they did, they would be compatible under article 106(2) of the treaty. fulfilment of the altmark criteria (292) as to the first condition in altmark, sogeaal points out that the activities under examination are part of the region's broader geographical and transport policy designed to ensure a minimum of air links between the island and the rest of the union, covering the whole year. (293) according to sogeaal, the second and third conditions in altmark are met: the parameters on the basis of which the compensation is calculated were established in advance in an objective and transparent manner, and there is no risk of over-compensation, since sogeaal has been only partly reimbursed for the costs incurred. (294) the costs considered were incurred by private, well run undertakings, hence the fourth altmark condition is also met. compatibility pursuant to article 106(2) of the treaty (295) sogeaal considers that this compatibility should be assessed in the light of the sgei decision of 2005 and, in the alternative, in the light of the sgei framework of 2011, mutatis mutandis. (296) sogeaal notes that the threshold set out in article 2(1)(a) of the sgei decision of 2005 is met in that the amount of the public contribution was about eur 4 million per year, and sogeaal's turnover was below eur 100 million. the conditions in articles 4, 5 and 6 of the sgei decision of 2005 are likewise met. (297) as to the applicability of the sgei framework of 2011, sogeaal points out that: (a) the compensation was granted for a genuine and correctly defined service of general economic interest; (b) the responsibility for the operation of the service of general economic interest was entrusted to the undertakings concerned by way of one or more acts; (c) the amount of compensation does not exceed what is necessary to cover the net cost of discharging the public service obligations, including a reasonable profit. 5.4.2. comments provided on the application of the 2014 aviation guidelines to the measures at stake (298) sogeaal points out that the alleged aid at issue was granted before 4 april 2014 and that section 8.6 of the 2014 aviation guidelines clarifies the date from which the compatibility criteria set out therein are to be applied. the commission must therefore apply the principle set out in point 172 of the guidelines to all cases concerning operating aid (pending notifications and unlawful non-notified aid) to airports even if the aid was granted before 4 april 2014. section 5 of the guidelines also sets out compatibility criteria for operating aid paid prior to 4 april 2014. on the other hand, the 2014 aviation guidelines do not apply to investment and start-up aid granted in breach of article 108(3) of the treaty before 4 april 2014. the commission must apply to such types of aid the rules in force at the time when the aid was granted (points 173 and 174 of the guidelines). (299) sogeaal refers to comments it submitted to the commission on 29 july 2013 to demonstrate that it received no state aid. however, should the commission nevertheless come to the conclusion that the public funding paid out under law 10/2010 qualifies as operating aid of which sogeaal was the actual beneficiary, the airport operator maintains that any aid granted meets the compatibility criteria set out in the 2014 aviation guidelines. (300) sogeaal notes that under point 137 of the guidelines, operating aid granted before the beginning of the transitional period, including aid paid before 4 april 2014, may be declared compatible pursuant to article 107(3)(c) of the treaty, to the full extent of uncovered operating costs. a further condition for such aid to be compatible is that: (a) the conditions in section 5.1.2 are met, with the exception of points 115, 119, 121, 122, 123, 126 to 130, 132, 133 and 134; (b) in particular, distortions of competition will be taken into account. (301) sogeaal believes that all the compatibility conditions set out in the 2014 aviation guidelines are met and notes that on 8 may 2014 it had already submitted remarks on compatibility with the 2014 aviation guidelines in procedure sa.23098-aeroporto di alghero. 5.4.2.1. contribution to a well-defined objective of common interest (points 113 and 114 of the 2014 aviation guidelines) (302) sogeaal notes that any operating aid granted under law 10/2010 certainly contributed to the achievement of an objective of common interest. this is confirmed by the objectives of strengthening the economic, social and territorial cohesion of the reference community which the region intended to pursue through adoption of law 10/2010. indeed, the public contribution granted was intended to promote the development of flight links between the island and the rest of the union and to reduce their seasonality, and it made it possible to avoid any disruptions in the air traffic and connectivity (point 113). (303) sogeaal maintains that law 10/2010 did in fact help to increas[ing] the mobility of union citizens and the connectivity of the regions by establishing access points for intra-union flights (point 113(a)). (304) the same operator adds that law 10/2010 facilitate[d] regional development (point 113(c)); this is particularly true of the alghero airport catchment area, north-western sardinia, which suffers from a marked lag in development. 5.4.2.2. need for state intervention (points 116, 117 and 118 of the 2014 aviation guidelines) (305) according to sogeaal, this requirement is also met, because the alghero airport falls within the category mentioned in point 118 of the guidelines, namely airports unable to cover their operating costs. more specifically, alghero airport falls under heading (d), airports with annual passenger traffic of 1-3 million. 5.4.2.3. appropriateness of state aid as a policy instrument (point 120 of the 2014 aviation guidelines) (306) sogeaal believes that there were no other less distortive policy instruments or aid instruments that would made it possible to attain the same objective, which was to ensure air links to north-western sardinia, which at the time were mainly concentrated in the summer period, and thereby help overcome the lag in development affecting the area as a consequence of its peripheral location and isolation. any aid received was used to maintain and develop commercial traffic, ensuring good connections between the different member states. 5.4.2.4. existence of incentive effect (point 124 of the 2014 aviation guidelines) (307) sogeaal points out that any aid granted to it under law 10/2010 was, in any event, strictly used to enable the development of traffic volumes and airport activity, which are considered to be consistent with the general interest objectives pursued. in the absence of public intervention, those aims would not have been achieved and alghero airport would have incurred a significant decrease in its activity level over the course of the year. 5.4.2.5. proportionality of the aid amount (aid limited to the minimum necessary) (point 125 of the 2014 aviation guidelines) (308) on this point, the airport operator refers to the relevant elements already available to the commission and remarks that the public funds granted are intended to reimburse the operator for costs actually incurred in relation to the initiatives implemented under law 10/2010. 5.4.2.6. avoidance of undue negative effects on competition and trade (point 131 of the 2014 aviation guidelines) (309) sogeaal observes that any operating aid did not affect competition in any manner. the operator notes that on account of its geographical location, alghero airport is an island operation with a geographically limited scope, not exposed to the competition of other national or union airports. moreover, on account of its characteristics, it is also not in competition with the other airports in sardinia. furthermore, alghero airport does not compete with alternative modes of transport. (310) sogeaal lastly points out that, again in compliance with the 2014 aviation guidelines, alghero airport is open to all potential users and ( ) not dedicated to one specific user. in the light of the foregoing, the company believes that any operating aid granted under law 10/2010 is fully compatible with the criteria in point 5.1.2 of the 2014 aviation guidelines and should therefore be considered compatible with the internal market pursuant to article 107(3)(c) of the treaty. 5.5. comments from sogaer (airport operator of cagliari airport) 5.5.1. comments on the opening decision (311) sogaer disagrees with the approach taken by the commission when it appears to apply the altmark principle to sogaer rather than to the carriers: sogaer has never been asked by the region to perform any service of general interest. sogaer believes that the region has not been able to produce any document giving a clear description of the public service obligations imposed by the airports precisely because the alleged obligations have never been understood to be obligations. 5.5.1.1. mistaken identification of the beneficiaries (312) sogaer disagrees with the conclusion reached by the commission that sogaer is a beneficiary of state aid under law 10/2010. sogaer takes the view that the aid scheme under investigation does not constitute operating aid to sogaer or compensation paid to sogaer for a service requested by the region, namely selecting airlines able to achieve stated annual targets for frequency and passenger volume on strategic routes to and from cagliari airport. (313) sogaer argues that under that scheme, the region provides compensation which is merely channelled through sogaer, as part of a plan decided, financed and monitored by the region, and is paid to airlines in return for operating new routes or developing existing routes to and from sardinia. if there had been no new routes opened or existing routes expanded, sogaer would have received no payment for the service provided. (314) sogaer draws attention to the accounting obligation that was imposed on it: the region reimbursed sogaer for the funds that the latter had advanced to airlines, only after the region accepted sogaer accounts, which had to show that the airlines had received the entirety of the regional contributions. sogaer maintains, therefore, that it was not a beneficiary of the aid in question and that it is incorrect to speak of financial support granted by the region to sogaer. sogaer is not aware of any precedent for a commission finding that a party is a beneficiary of state aid when its role is confined to passing on to third parties the public resources it has received. the service for which the region was paying compensation was provided by the airline, and not by the airport operator. sogaer adds that the advance payment granted by sfirs did not involve any element of state aid. it was a loan that bore interest on market terms. 5.5.1.2. financial flows (315) the payment of activities 2 and 3 is advanced by the airport operator to the airlines and the other providers concerned sogeaal submitted reports of the activities implemented in the period 2010-2012, showing the costs actually incurred, to the region. the region should then have reimbursed the sums advanced by the airport operator. table 13 shows the related financial flows. table 13 financial flows from alghero airport (eur) 2010 2011 2012 total activities 1 and 2 [ ] [ ] [ ] [ ] activity 3 [ ] [ ] [ ] [ ] total amount paid to airlines 4 537 447 4 941 510 4 262 250 13 741 207 total reported from the airport operator to the region 4 657 311 4 977 945 4 869 410 14 504 666 entitlement to contributions under the law of 2010 5 000 000 4 777 320 8 405 080 18 182 401 total contributions under the law of 2010 reimbursed to the airport operator 4 250 000 4 060 722 0 8 310 722 5.5.1.3. the beneficiaries of the measures (316) sogaer takes the view that the effective beneficiaries of the three activities defined under law 10/2010 consisted of the island's tourist industry and indirectly the region itself, thanks to the increased tax revenue resulting from the expansion of tourism. (317) as a condition of the grant made to them by the region, the airports were required to pass on what they received so that they cannot be considered the effective beneficiaries. the same applies to the two main low-cost airlines operating in cagliari, ryanair and easyjet, both of whom were foreign companies aided by the region to pursue regional objectives. 5.5.1.4. absence of state aid (318) sogaer analyses the component elements of a state aid measure and in particular considers the question whether the payment made conferred a competitive advantage. the company asserts that the regional compensation never covered more than a part of the additional costs borne by the carriers in order to open new routes or expand existing ones. it gives the example of ryanair, for whom the compensation paid by the region, passed on by sogaer, covered about one tenth of the estimated cost of operating the routes requested. (319) sogaer emphasises that the mechanism put in place amounts to a win-win solution: passengers can fly at competitive prices to and from the island, while the region receives additional revenue deriving from tourism. the regional tourism and hospitality industry, the airlines and the airports also benefit as a result. sogaer consequently contests the approach taken by the commission, which seems to set out to break this virtuous circle. (320) sogaer always chose carriers after publishing an invitation on its own website. the possibility of serving cagliari was open to all interested carriers on the same economic terms. sogaer argues that if the airlines in question manage to make greater profits than other airlines, thanks to their special business models, this cannot be attributed to state aid granted by the airport operator or by the region. nor can the carriers be penalised for it. (321) in conclusion, sogaer takes the view that there is no state aid, because (i) the necessary undue advantage to the carriers is lacking; (ii) the private economy investor principle is satisfied, in view of the gains to the regional treasury, which are greater than the expenditure under article 3 of law 10/2010; and (iii) the aid goes to the tourism and hospitality industry on the island and is not on a scale such that it might have an effect on intra-union trade. 5.5.1.5. services of general economic interest (sgeis) (322) sogaer considers that the commission's analysis of the selectivity of the advantage is excessively strict. the commission argues that the law 10/2010 refers not to specific routes but to the general objective of developing air transport. the commission objects that this is contrary to the first altmark criterion to give a clear definition of the requirements that the beneficiary undertaking must satisfy in order to obtain compensation for a service of general economic interest. (323) in sogaer's view it was clear from the wording of the regional legislation that the compensation was to be given only to airlines that opened new routes or expanded existing ones. sogaer considers that as an objective that obligation is sufficiently precise. (324) the commission's approach to the definition of the parameters for calculating the compensation is similarly severe. sogaer argues that the volume of compensation paid to the carriers was calculated by criteria more restrictive than those laid down by the region, and that this should be enough to satisfy the second altmark criterion. (325) as regards the third and fourth altmark criteria, sogaer says it published a specific notice in the official journal of the european union in 2003, which was followed in june and august of the same year by an advertisement in the main european daily newspaper. no air carrier came forward, and sogaer published a standing notice on its own website. sogaer always avoided any form of overcompensation for the services requested, even where there was only one carrier interested and sogaer's margin for negotiation was consequently tighter. (326) sogaer is not aware of any legal act by which the region gave airport operators the task of performing a public service obligation. the commission's efforts to establish whether the level of compensation awarded to the airport operators was or was not proportionate are therefore doomed to failure. 5.5.1.6. the private economy investor principle and the 2014 aviation guidelines (327) sogaer says that it conducted itself towards the low-cost airlines, ryanair in particular, in the same way as airports under private management did. in support of this assertion it refers to the report of the consultancy firm acting on ryanair's behalf dated 28 june 2013. (328) it argues that many of the compatibility criteria set out in the 2014 aviation guidelines are substantially met in the case at issue: (i) sogaer managed aid or compensation for the opening of new routes or the expansion of existing ones on behalf of the region; (ii) the compensation represented about one tenth of the average operating cost; and (iii) the airlines benefitting from the activities under assessment all held a valid operating licence. sogaer therefore considers that if the guidelines are interpreted on substantive rather than on formalistic lines it can be concluded that the aid at issue is compatible. 5.5.2. comments on the application of the 2014 aviation guidelines to the measures at issue (329) sogaer observes that the exemption provided for in point 137 of the aviation guidelines should be applied in the case of cagliari airport even though the airport exceeds 3 million passengers. otherwise cagliari would be treated differently from the other two airports in sardinia concerned by the activities under assessment. (330) sogaer emphasises that the aid at issue served to facilitate the mobility of citizens of the union to and from cagliari, significantly increasing the number of intra-union flights to and from the island's capital. (331) on the necessity of intervention on the part of the region, sogaer says that without the regional contributions to offset what sogaer had passed on to airlines and other service providers, sogaer's accounts would have shown a loss. there was no other way of achieving the objective of improving connections between the region and the rest of the union that might have entailed less distortion of competition. (332) sogaer stresses that the region always kept aid to the minimum, paying only in respect of items properly accounted for by the airport operator. (333) with regard to the prevention of adverse effects on competition and trade within the union, sogaer observes that the scheme was applicable to all the other regional airports, even though they were in competition with one another, thus allowing coverage of the respective differentials between operating costs and revenue. (334) lastly, sogaer asserts that if the commission should take the view that the scheme under assessment constitutes operating aid to sogaer, the aid should in any event be considered compatible with the internal market, since it is in line with the criteria and conditions in point 5.1.2 of the aviation guidelines. 6. observations from italy on interested parties' comments 6.1. observations from italy on ryanair's comments (335) the regional authorities dispute ryanair's statements to the effect that the airports acted in accordance with the meip in maintaining commercial relations with airlines in order to increase passenger traffic and, consequently, revenues. in reality, the airport management companies only acted as intermediaries, engaged in nothing more than the transfer of resources to airlines. (336) according to the region, the market economy investor in this instance was the region, which weighed up the investment in terms of the positive economic impact for the territory. (337) italy provided a note from the italian national civil aviation authority (95), stating that the possibility for regional airports of advertising on the websites of low-cost airlines would represent an advantage for the tourism and commercial sectors, as regional airports do not benefit from the consolidated market positions and degree of guaranteed visibility of major airports. (338) both italy and the enac dispute ryanair's statement to the effect that the situation in sardinia resulted from inadequate rules on the routes subject to public service obligations under regulation (ec) no 1008/2008 and their enforcement by the italian authorities. italy notes that the objective of territorial continuity is to ensure that all citizens can move around within national or union territory under equal conditions in terms of quality and cost. the public service obligations authorised by regulation (ec) no 1008/2008 allow any union carrier to accept the terms of those obligations without financial compensation. if no carrier agrees to provide the service, a european tender is held, with provision for financial compensation. in this respect, the italian authorities emphasise that commercial relations with carriers must be maintained directly by airports; the choice made by the state in ensuring that territorial continuity is maintained by way of public service obligations is, however, a different matter. 6.2. observations from italy on easyjet's comments (339) italy submitted observations on the comments of easyjet and of the consultancy firm acting on its behalf. italy disagrees with both the overall approach and the conclusions drawn by the consultancy firm in its report on the economic meop assessment of the agreements between easyjet and olbia airport. (340) italy rejects easyjet's claim for three reasons: (a) italy considers that the meop should not be applied to the olbia airport, because the operator of the airport is a private operator, geasar, and not a public one within the meaning of the union rules on state aid. its choices and actions are therefore based on market criteria, except if those choices are prescribed by ad hoc public regulations. (b) in this case however, italy assumes that, contrary to the claims of the consultancy firm, the marketing contracts in question were not signed by geasar seeking an alleged but non-existent profitability, but solely because they were required and regulated by a specific public measure. law 10/2010 especially aims at incentivising air transport by granting contributions to airlines. since the repeal of law 10/2010, those activities have been discontinued. (c) thirdly, for italy the contributions paid by the region to the airport operator to cover the costs of the activities at issue only transited through the airport management company, which transferred their entire amount to the actual beneficiary, id est, the airline concerned. (341) then, should the claims of the consultancy firm be upheld, italy estimates that its calculations are erroneous. the report of the consultancy firm is based on data found in the financial statements of geasar for the years starting from 2004, which show the revenues from airport traffic as well as the main economic data which form the year's operating results but do not show the analytical accounting data necessary to accurately perform the profitability analysis. the consultancy firm therefore overestimates the revenues induced by the contracts, particularly concerning non-aeronautical revenues. for italy, the marketing contracts in question have a negative and not a positive balance, contrary to the assessment of the consultancy firm. this applies to the marketing contracts signed with easyjet as well as to the contracts signed with all the other airlines concerned. this, according to italy, confirms the point that those agreements were signed in direct execution of law 10/2010. (342) last, italy dismisses the inclusion of handling contracts signed by geasar with the airlines concerned in the analysis carried out by the consultancy firm. handling contracts are typical contracts negotiated and executed on a business basis and concern the provision of services against the payment of monetary consideration by the airline. they are not related to law 10/2010 and to the activities implemented under that law. the consideration shown in those contracts is based on the airport operator's usual business practice, which is to apply tariffs and discounts based on volume and other factors. indeed, these contracts have remained in force even after the repeal of law 10/2010, at similar or even lower prices than in the preceding years. 7. assessment of the aid 7.1. introduction and scope of the decision (343) it first must be assessed whether the funding provided by airport operators to airline companies in respect of activities 1 and 2 under law 10/2010 during of the period 2010-2013 constitutes state aid within the meaning of article 107(1) of the treaty. (344) as set out in section 2, the opening decision noted that since the commission was investigating possible unlawful aid granted by the operator of alghero airport in case sa.23098 (96), the present case covers only aid measures not examined in that case (97). (345) while not all of payments by sogeaal for activities 1 and 2 are made under contracts examined in case sa.23098, the large majority of those payments was assessed in that case. moreover, it is not straightforward in all cases to make a clear distinction given that the financial relationship between sogeaal and a given airline in the relevant period may be governed by various contracts only some of which have been considered in case sa.23098. the commission therefore considers that it is appropriate to exclude all agreements with airlines concluded by sogeaal under the scheme under assessment from the scope of the present proceedings (98). (346) furthermore, the scope of the opening decision did not include the potential aid granted by airport operators to service providers other than airlines for activity 3. therefore, the commission cannot take a position on that aspect. the second question to be assessed is whether the airport operators have received aid from the region. 7.2. existence of aid (347) by virtue of article 107(1) of the treaty , any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between member states, be incompatible with the internal market. (348) the criteria in article 107(1) of the treaty are cumulative. therefore, in order for the measures in question to constitute aid within the meaning of article 107(1) of the treaty all of the following conditions need to be fulfilled. namely, the measures should must: (a) be granted by the state or through state resources; (b) favour certain undertakings or the production of certain goods; (c) distort or threaten to distort competition; (d) affect trade between member states. (349) the commission notes that the notified measures constitute an aid scheme within the meaning of point (d) of article 1 of regulation (eu) 2015/1589. on the basis of the legal framework described in section 2 of this decision, without further implementing measures being required in addition to those already described, individual aid awards can be made to undertakings (such as airlines) defined within law 10/2010 in a general and abstract manner (i.e. no individual companies are designated). 7.2.1. funding provided by airport operators to airline companies in respect of activities 1 and 2 (law 10/2010) in the period 2010-2013 existence of state aid in favour of airline companies (350) in this subsection, it will be assessed whether the funding provided by the region to airline companies through the operators of sardinian airports under law 10/2010 constitute state aid to the airline companies. 7.2.1.1. notion of undertaking and economic activity (351) in accordance with article 107(1) of the treaty, state aid rules apply only where the recipient is an undertaking. the court of justice has consistently defined undertakings as entities engaged in an economic activity, regardless of their legal status or ownership and the way in which they are financed (99). any activity consisting in offering goods and services on a market is an economic activity (100). (352) airlines offer scheduled passenger air transport services on the market. those services correspond to the ones defined for activity 1 (see recital 44) and consist in the operation of commercial flights and the transportation of passengers by air. they clearly carry out an economic activity. (353) ams, which is not itself an airline but received funding in respect of activity 2, is a 100 % subsidiary of ryanair. consequently, ryanair can be presumed to have exercised decisive influence over the behaviour of ams. for the purpose of the application of state aid rules in this case and according to commission practise (101), ams and ryanair are considered to be a single undertaking in the sense of article 107(1) of the treaty. for ease of reference, ams, being considered as a single undertaking with ryanair, will also be considered as an airline. (354) therefore the airline companies which benefitted from the funds provided by the region through airport operators carry out an economic activity and are considered as undertakings for the purposes of article 107(1) of the treaty. 7.2.1.2. state resources and imputability to the state (355) the concept of state aid applies to any advantage granted through state resources by the state itself or by any intermediary body acting by virtue of powers conferred on it. resources of local authorities are, for the application of article 107 of the treaty, state resources. (356) the scheme originates from a regional law and is financed through resources originating from the region. for the purposes of article 107 of the treaty, resources of regional local authorities are state resources and decisions of such authorities should be regarded as imputable to the state (102). the scheme as such is thus imputable to the state and financed through state resources for the purposes of state aid law. (357) the same is true for the financial flows from the airport operators to the airlines. (358) the airlines have received funding from the region through the operators of sardinian airports to open new routes or increase frequencies or extend periods of operation of existing routes, as described in particular in table 8, and to provide marketing services. (359) the behaviour of the airport operators was determined by the region through law 10/2010 and the activity plans, which had to be approved by the region before being put into effect. the mechanism put in place through law 10/2010 provides that the region is to transfer public funds to airport operators, which should, in turn, transfer them to airport operators in accordance with the detailed specifications of the activity plans approved by the region. the activity plans were designed and proposed in the first place by airport operators but the region reviewed the plans, approved them, and determined the funding provided to the airport operator on that basis. through the approval of the detailed activity plans, the region determined precisely how each airport operator should allocate the funding received from the region to airlines. as described in section 2.7.3, the monitoring process put in place (which determines the payment of the last instalment to airport operators) also ensures compliance with those obligations. (360) therefore the airport operators can be considered as intermediaries between the region and the airlines. they were implanting the aid scheme, transferring to the airlines in full the funding they received from the region. in doing so, they acted in accordance with instructions received from the region through the approved activity plans. (361) in view of the above, the payments by the airport operators to airlines for the financing of activities 1 and 2 are financed through state resources (to the extent that airport operators received funding from the region to finance those activities (103)) and are imputable to the state. 7.2.1.3. economic advantage (362) an advantage within the meaning of article 107(1) of the treaty is any economic benefit which an undertaking would not have obtained under normal market conditions, namely in the absence of state intervention. only the effect of the measure on the undertaking is relevant, not the cause or the objective of the state intervention. whenever a public authority provides an undertaking with funding which relieves it from costs that it should normally bear, this gives rise to an economic advantage. (363) no advantage is granted, however, if the funding can be considered as compensation for a public service in accordance with the criteria set out in the altmark judgment. moreover, no advantage is conferred when a member state acts in accordance with the market economy investor principle. (364) as a first step, it is necessary to examine the nature of the funding provided by the region to airlines in the context of activities 1 and 2, and the extent to which it finances their activities or, in other words, relieves them from costs that they should normally bear. (365) in the context of activity 1, the region requires the airport operators to enter into agreements with airlines that provide financial incentives to the latter to increase air traffic (notably during off-peak seasons). airlines have to meet targets in terms of traffic; they receive financial compensation, if they meet those targets and incur penalties if they fail to do so. the corresponding payments result from the funding scheme channelled by the region to airlines through airport operators, offsetting part of the costs incurred by those airlines in flying the routes concerned. (366) in the context of activity 2, the region makes payments to airlines through airport operators in exchange for marketing services provided by the airlines concerned. those payments cannot be considered as true consideration for marketing services, but also amount to payments to the airlines for increasing their activities in the region. as will be seen below in recitals 368 et seq., the scheme is designed in such a way that the marketing services to be provided by airlines in the context of activity 2 are intended to promote, in the first place, the air transport services provided by those same airlines from/to sardinia. (367) italy stressed in the notification documents (104) that, under the scheme, the marketing actions funded by the region in the context of activity 2 must be carried out by airlines and aim to increase the number of passengers on routes opened or extended as a result of the scheme (105). (368) the fact that the marketing services in the context of activity 2 are to be provided by airlines rather than any other type of companies able to offer such services is, in itself, a factor which naturally leads those marketing services to promote, in the first place, the air transport services offered by the airlines concerned. indeed, airlines usually promote regions and cities, in particular on their websites, when they operate flights to such regions and territories, with a view to enticing potential customers to use their services to fly to those areas. furthermore, on the websites of airlines, the promotion of certain regions and cities is usually intrinsically linked to the promotion of the flights operated by the airlines to that region, or at least to information supplied on the existence and characteristics of those flights. for instance, in the case of ryanair, one of the european airlines which has most developed the promotion of regions and cities on its website, the web pages dedicated to the promotion of regions and destinations rather systematically also provide information on flights operated by ryanair to those regions and destinations (106). (369) furthermore, the act implementing law 10/2010 that defines the content of the airports' activity plans (107) provides that the marketing actions are to be carried out under activity 2 in case new routes are opened or the flight operations period is extended (108). that provision establishes a clear link between the marketing services to be carried out in the context of activity 2 and the opening of new routes or expansion of operations on existing routes. this means that the marketing services to be proposed in the activity plans should promote the new or extended air transport services themselves so as to stimulate the number of passengers using the services concerned. as already indicated in recital 367, this interpretation has been explicitly confirmed by italy. (370) moreover, it would be inconceivable that the marketing services in question, which necessarily have to be carried out by airlines, would be provided by airlines other than those operating the new or extended air transport services, to which the marketing services ought to be linked. an airline has very limited incentives to promote a competitor's services, even in exchange for remuneration. (371) promoting its own destinations is part of the normal activities of an airline. the destinations and regions to which they fly is one of the features of their transport services that airlines normally advertise, together with a range of other aspects (airfares, comfort on board, in-flight services, reliability, ticket flexibility, frequent flyer programme etc.). (372) in view of the above, it can be concluded that payments made by the region to airlines in the context of activity 2 subsidise the marketing costs that airlines should normally bear in the context of their air transport operations. furthermore, insofar as they are linked to the opening of new routes or extension of operations on existing routes, those payments act as financial incentives to airlines to increase air traffic to sardinia. in that respect, they are similar to the payments made in the context of activity 1, with the difference that they relate to a particular aspect of the airlines' air transport services, namely the promotion of those services. (373) in addition, as emphasised by italy in the notification (109), under the scheme, the marketing actions funded by the region in the context of activity 2 must be part of the same activity plans referred to in the context activity 1 (110). this establishes a further link between the opening and extension of routes (which is the objective of activity 1) and the marketing agreements to be concluded in the context of activity 2. this shores up the conclusion that the payments made by the region to airlines through the airport operators in the context of activity 1 and activity 2 are similar in nature: they are essentially financial incentives subsidising part of the airlines' costs in exchange for expanding air transport operations by those airlines from/to sardinia. (374) furthermore, under the scheme, a clear distinction is made between marketing services to be provided in the context of activity 2, that is to say by airlines, and marketing services to be provided in the context of activity 3, that is to say by other types of companies, corroborates the finding that the services performed in the context of activity 2 serve a distinct purpose, different from activity 3, necessarily linked to the fact that the providers are engaged in air transport operations. logically, that purpose can hardly be anything other than the increase in air traffic by the airlines concerned from/to sardinia. (375) the commission's review of the agreements concluded between airport operators and airlines in the context of the scheme illustrates that. for example, the easyjet agreements directly link airport services to marketing services. point 3 of the agreement with olbia airport's operator states that the carrier intends to increase its operation from/to olbia and that, in order to expand such flight activities, the carrier has developed a marketing and advertising programme to promote the destinations and to develop the traffic flows in transit, especially towards the international markets. (376) an examination of the various marketing agreements concluded between airport operators and airlines in the framework of the scheme illustrates that the marketing services are directly linked to the flights operated by those airlines. therefore the marketing services directly target travellers who could potentially use transport services offered by the airlines referred to in the marketing agreements. (377) in conclusion, the payments by the region via the airport operators to airlines in the context of both activity 1 and activity 2 must be considered as subsidies to the airlines for operating more flights to and from sardinia. (378) it remains to be analysed whether the payments by the region to airlines through airport operators for increasing their air transport operations to sardinia constitute compensation for a public service obligation in accordance with the altmark criteria and whether they comply with the meop. (379) the first criterion of the altmark ruling is that the recipient undertaking must actually have public service obligations to discharge and those obligations must be clearly defined. as indicated in point 70 of the 2014 aviation guidelines, as regards air transport services, public service obligations can only be imposed in accordance with regulation (ec) no 1008/2008. in particular, such obligations can only be imposed with regard to a specific route or group of routes, and not with regard to any generic route originating from a given airport, city or region. moreover, public service obligations can only be imposed with regard to a route to fulfil transport needs which cannot be adequately met by an existing air route or by other means of transport (footnotes omitted). indeed, air transport is a sector where the union legislator has decided to restrict the wide margin of discretion normally enjoyed by member states when qualifying certain activities as sgeis, by imposing conditions set out in regulation (ec) no 1008/2008. however, routes that are the object of public service obligations in accordance with regulation (ec) no 1008/2008, which exist in sardinia (111), are explicitly excluded from the scope of application of law 10/2010, which is clearly designed as a system parallel to the system of public service obligations under regulation (ec) no 1008/2008. therefore, the funding provided by airport operators to airlines under law 10/2010 cannot be considered as compensation provided to airlines for the operation of genuine services of general economic interest. as a result, one of the four cumulative conditions of the altmark judgment, namely the first one, is not satisfied. (380) as to the application of the meop, it should first be noted that italy has not relied on that principle (112). there are also no indications that the region acted as a market economy operator in establishing the scheme; in fact, it is clear that it sought to achieve public policy objectives, in particular strengthening of the regional economy by attracting more tourist flows, rather than profits in its capacity as airport owner. (381) second, the region provides funding to airlines through various airport operators in the framework of a regional scheme applicable to several airports. it cannot be considered as an airport operator, all the more so since the region only controls one of the airport operators concerned. thus the ex ante incremental profitability analysis presented in points 61 to 66 of the 2014 aviation guidelines cannot be applied in this case. according to that method, in order to assess whether an airport operator, when entering into arrangements with an airline, behaved as a market economy operator guided by profitability prospects would have done under similar circumstances, it should be assessed whether the arrangements in question could be expected, when they were concluded, to incrementally contribute to the profitability of the airport and are part of an overall strategy leading to profitability in the long term. however, this test is not applicable in this case because the measures under assessment are a scheme established by a public authority, for reasons of public policy, that covers several airports, and not an individual arrangement between an airport and an airline. (382) when granting the financing concerned to airlines in the context of activity 1 and activity 2, the region could not expect any return that a profit-driven market economy operator would have taken into consideration in similar circumstances. the expected effects of the financing was an increase in the number of passengers travelling by air to sardinia, which as such does not give rise to dividends, capital gains or any other form of profit for the region. italy has failed to identify any profitability element expected to arise for the region as a result of the financing at issue. the main effect of the increase in air traffic is to stimulate economic development in the region, particularly at the level of certain sectors such as tourism, retail, restaurants etc., with positive effects on regional economic development and employment. however, according to settled case law (113), such public policy benefits would not be taken into consideration by a profit-driven market economy operator and are thus to be disregarded when applying the meop. (383) for the same reasons, a benchmarking exercise, as described in points 54 to 60 of the 2014 aviation guidelines, is not relevant in the present case. (384) in any event, italy has not submitted any business plan, ex ante profitability analysis or internal documents showing clearly that an analysis conducted before the granting of the public financing revealed that financial returns such that a profit-driven market economy operator would take into consideration could be expected by the region as a result of the financing in question. nor did the region carry out a benchmarking exercise, as defined in points 54 to 60 of the 2014 aviation guidelines. italy failed in particular to provide a comparison of airport charges, net of any benefits provided to the airlines (such as marketing support, discounts or any other incentive), across a sufficient number of suitable comparator airports, whose operators behave as market economy operators. (385) this confirms that the region did not behave vis- -vis airlines as a market economy operator guided by profitability prospects. (386) in addition, despite the provisions of law 10/2010, no tender procedure was put in place with a view to selecting airlines and funding the activity plans. airport operators published notices on their respective websites and they chose the best offer, meaning that the financial support provided to airlines did not follow an open and transparent tender procedure. in addition, as already explained, the scheme is conceived in the first place to disburse public funds to airlines and this financing does not correspond either to compensation for genuine public service obligations or to remuneration for products or services fulfilling genuine needs of the region. as a consequence, even if proper tender procedures had been followed to select airlines, this could not have ruled out the existence of an advantage. (387) under these circumstances, there is also no scope for assessing the individual financial relationship between the airports and the airlines that result from the application of the scheme in the manner foreseen in points 53-66 of the 2014 aviation guidelines. those points provide guidance to determine whether the prices charged by an airport that has public resources comply with the meop. in the present case, however, it is clear that the airport operators were not acting as market economy operators when entering into the various contracts with the airlines. they were implementing an aid scheme devised by the region to increase air transport for the general benefit of the territory). (388) in view of all the above, the commission concludes that the funding provided by the region to airlines through airport operators for the financing of activities 1 and 2 in the framework of the scheme conferred an economic advantage on the airlines concerned. 7.2.1.4. selectivity (389) in the present case, the financing of the scheme by the region cannot be seen as a scheme of general application. the commission considers indeed that the design and the implementation of the scheme was for the exclusive benefit of certain undertakings or certain sectors of activity, namely airlines funded by the region through airport operators under the scheme under scrutiny (114). airlines flying to sardinia, which have not concluded these agreements, did not benefit from the same financial support from the region, or not under the conditions provided for by law 10/2010. since the beneficiaries of the economic advantage concerned are limited to some specific undertakings of a specific one sector (air transport), the measures are selective. 7.2.1.5. distortion of competition and effect on trade (390) when aid granted by a member state strengthens the position of an undertaking compared with other undertakings competing in intra-union trade, the latter must be regarded as affected by that aid. in accordance with settled case-law, for a measure to distort competition it is sufficient that the recipient of the aid competes with other undertakings on markets open to competition. (391) the compensation paid to airline companies through airport operators is an economic advantage for the airlines in question, which is capable of strengthening their position on the market. the air transport sector is characterised by intense competition between operators from different member states, in particular since the entry into force of the third stage of liberalisation of air transport (third package) on 1 january 1993. it follows that the measures affect trade between member states and distorts or threatens to distort competition in the air transport sector. (392) therefore, the financial compensation provided through airport operators to airline companies for the financing of activities 1 and 2 (law 10/2010) in the period 2010-2013 distorts or threatens to distort competition and affects trade between member states. 7.2.1.6. conclusion (393) the commission concludes funding provided by the region to airlines through airport operators for the financing of activities 1 and 2 constitutes state aid to airline companies within the meaning of article 107(1) of the treaty. 7.2.2. existence of state aid in favour of the airport operators (394) in this subsection, the question is whether the funding provided by the region to the operators of sardinian airports under law 10/2010 constitutes state aid to those airports. the commission will now assess whether the criterion related to the presence of an economic advantage is fulfilled. (395) an advantage within the meaning of article 107(1) of the treaty is any economic benefit which an undertaking would not have obtained under normal market conditions, namely in the absence of state intervention. only the effect of the measures on the undertaking are relevant, not the cause or the objective of the state intervention. whenever the financial situation of the undertaking is improved as a result of state intervention, an advantage is present. (396) as explained in section 7.2.1, under law 10/2010, the airport operators passed on in full funds received from the region to finance financial incentives for the expansion of air transport services as well as marketing agreements, which they co-financed through their own resources. the airport operators were thus intermediaries and did not retain the funds received from the region. hence, they cannot be considered as the direct beneficiaries of the aid scheme. (397) however, since the financial incentives and marketing payments to the airlines were intended and had the effect of increasing air traffic, it must be assessed whether that increase in air traffic confers an indirect advantage to the airports concerned. (398) in its recent notice on the notion of state aid (115), the commission indicated that [ ] indirect advantages should be distinguished from mere secondary economic effects that are inherent in almost all state aid measures (for example through an increase of output). for this purpose, the foreseeable effects of the measures should be examined from an ex ante point of view. an indirect advantage is present if the measures are designed in such a way as to channel its secondary effects towards identifiable undertakings or groups of undertakings. this is the case, for example, if the direct aid is, de facto or de jure, made conditional on the purchase of goods or services produced by certain undertakings only (for example only undertakings established in certain areas). (399) the notice continues in a footnote (116) to that passage: by contrast, a mere secondary economic effect in the form of increased output (which does not amount to indirect aid) can be found where the aid is simply channelled through an undertaking (for example a financial intermediary) which passes it on in full to the aid beneficiary. (400) the activities under assessment in this case have not been designed to channel their secondary effects towards the sardinian airports. instead, the activities have been designed to benefit a large group of undertakings in the region, in particular those offering services to tourists. (401) as already established, the purpose of the scheme consists in channelling public funds to several airlines and other services providers with a view to opening new routes (or increasing frequencies) as well as advertising sardinia as a touristic destination accessible by air transport. under the mechanism put in place by the region through law 10/2010 (as described in section 2.7.2), the region transfers the corresponding public funds to airport operators, which should in turn pass them on to third parties in accordance with the detailed specifications of the activity plans approved by the region. as described in section 2.7.3, the monitoring process put in place (which determines the payment of the last instalment to airport operators) also ensures compliance with those obligations. (402) the commission therefore concludes that the aid is channelled through the airport operators which pass it on in full to the airlines, which are the only real beneficiaries of the scheme. the airport operators should be considered de jure (because of the provisions of law 10/2010) and de facto (because of the effective financial flows analysed by the commission) as vehicles used to pass on public funding to airlines (403) the commission notes that the airport operators may benefit from the increase in air traffic that is brought about by the aid to airlines under the scheme. such effects are, however, similar to the positive effects on economic operators in other sectors whose revenues are linked to the number of air passengers, in particular tourism (car rental, hotels, restaurants, catering, fuelling, retail etc. ). those sectors are highly dependent on the number of passengers arriving at/departing from the sardinian airports. therefore, the commission considers that the scheme has not been designed in such a way as to channel its secondary effects towards the airport operators, but rather so as to benefit the many tourism-related sectors in sardinia. (404) furthermore, the effect of the measures on airports is inherent in the nature and objective of the scheme, which is to increase air traffic to sardinia by providing appropriate incentives to airlines. the fact that the airlines purchase airport services from the operators of the three sardinian airports concerned is an inherent feature of the scheme and cannot be detached from it, given that the scheme consists in providing airlines with financial incentives to increase air traffic. it is thus not an additional, independent condition concerning the acquisition of goods or services that the region added to the design of its scheme in order to produce an effect other than the main expected effect of the scheme, namely the increase in air traffic to sardinia. (405) in the light of the foregoing, the commission concludes that activities 1, 2 and 3 do not confer an indirect advantage on airport operators. since one of the cumulative conditions for the presence of state aid is not fulfilled, the commission also concludes that activities 1 and 2 do not constitute state aid. (406) for the reasons set out above, it is concluded that the airport operators concerned did not receive state aid within the meaning of article 107(1) of the treaty. 7.3. lawfulness of the aid to the airlines (407) the measures were notified to the commission on 30 november 2011. however, italy implemented the scheme without the commission having approved it. financing pursuant to law 10/2010 was provided from the region to airport operators and from airport operators to airlines throughout the period 2010-2013 (117). (408) in addition, no block exemption regulation covers the scheme at stake. in particular, the sgei decision is not applicable as the financing of airlines under the scheme cannot be considered as compensation for a genuine sgei entrusted to airlines (118). (409) thus, italy has not complied with its obligations under article 108 of the treaty and therefore the financing of airlines under the scheme is considered as unlawful pursuant to article 108(3) of the treaty. 7.4. compatibility of the aid to the airlines (410) the burden of proof regarding the compatibility of aid with the internal market, by way of derogation from article 107(1) of the treaty, is borne principally by the member state concerned. italy notes (119) that law 10/2010 has not been conceived as a scheme to support start-up routes and that the scheme does not fulfil all the compatibility criteria for start-up aid as defined in article 79 of the 2005 aviation guidelines. italy nevertheless suggests that the commission should, in this case, apply point 81 of the 2005 aviation guidelines, which states that the commission may carry out a case-by-case assessment of aid or a scheme which fails to fully comply with these criteria [those of point 79], but the end result of which would be comparable. (120). 7.4.1. applicable legal framework (411) as the activities cannot be considered as compensation to airlines for a genuine sgei, the sgei framework based on article 106(2) of the treaty cannot apply in this case. (412) as regards start-up aid, the 2014 aviation guidelines state that as regards start-up aid to airlines, the commission will apply the principles set out in these guidelines to all notified start-up aid measures in respect of which it is called upon to take a decision from 4 april 2014, even where the measures were notified prior to that date. in accordance with the commission notice on the determination of the applicable rules for the assessment of unlawful state aid, the commission will apply to unlawful start-up aid to airlines the rules in force at the time when the aid was granted. accordingly, it will not apply the principles set out in these guidelines in the case of unlawful start-up aid to airlines granted before 4 april 2014 (121). (413) the 2005 aviation guidelines, in turn, stipulate that the commission will assess the compatibility of ( ) start-up aid granted without its authorisation and which therefore infringes article 88(3) of the treaty [now article 108(3) of the treaty], on the basis of these guidelines if payment of the aid started after the guidelines were published in the official journal of the european union (122). (414) the regional financing was granted between 2010 and 2013, before the publication of the 2014 aviation guidelines. therefore the commission will apply the 2005 aviation guidelines for the assessment of the financial compensation provided by airport operators to airline companies for the financing of activities 1 and 2 (law 10/2010) in the period 2010-2013. 7.4.2. assessment of the compatibility of the financial compensation provided by airport operators to airline companies for the financing of activities 1 and 2 (law 10/2010) in the period 2010-2013 (415) considering that the compatibility conditions for start-up aid enshrined in point 79 of the 2005 aviation guidelines are cumulative, it is only necessary to demonstrate that one of those conditions is not fulfilled in order to find that the aid to the airlines is not compatible. nevertheless, the commission will review several criteria set out in the 2005 aviation guidelines to assess the compatibility of the aid measures at hand. (416) point 79(d) of the 2005 aviation guidelines requires the long-term viability and degressiveness of the measure at stake: the route receiving the aid must ultimately prove profitable, i.e. it must at least cover its costs, without public funding. for this reason start-up aid must be degressive and of limited duration. the activities defined under law 10/2010 have never been defined to target the long-term viability of the routes in question and nothing in the system established by law 10/2010 ensures that the aid amount is degressive over the period 2010-2013 (123). there is no indication that the routes concerned would become profitable for the airlines without the public funding. (417) point 79(e) of the 2005 aviation guidelines adds the criterion of compensation for additional start-up costs: the amount of aid must be strictly linked to the additional start-up costs incurred in launching the new route or frequency and which the air operator will not have to bear once it is up and running. the regional financing is not related to specific start-up costs and nothing in the system established by law 10/2010 ensures that the aid amount is limited to such costs. italy has never adduced any evidence to show that the funding provided by the region with respect to activities 1 and 2 was calculated on the basis of the airlines' start-up costs or limited to such costs. the region, by financing airport operators, intended to develop air traffic through the opening of new routes, increasing the frequencies on existing routes, and the de-seasonality of existing routes and to improve regional development and tourism through marketing actions undertaken by airlines. the region thus never intended to compensate airlines for additional start-up costs. therefore this criterion is not fulfilled. (418) in addition, point 79(f) of the 2005 aviation guidelines sets out conditions of intensity and duration: the amount of aid in any 1 year may not exceed 50 % of total eligible costs for that year and total aid may not exceed an average of 30 % of eligible costs. at no point has italy mentioned the concept of eligible costs as explained in the guidelines nor any thresholds for such costs. airport operators presented their plans of activities to the region with an indication of the total amount of the costs incurred for the implementation of the measures. the region then decided the amount to be granted to each airport operator per year, but that amount was never limited to 50 % of the costs incurred for 1 year. there is no evidence that the regional spending in respect of activities 1 and 2 amounted to twice the amount of the aid. therefore this criterion is not fulfilled. (419) point 79(h) of the 2005 aviation guidelines adds the criterion of the non-discriminatory allocation: any public body which plans to grant start-up aid to an airline for a new route, whether or not via an airport, must make its plans public in good time and with adequate publicity to enable all interested airlines to offer their services. the notification must in particular include the description of the route as well as the objective criteria in terms of the amount and the duration of the aid. the rules and principles relating to public procurement and concessions must be respected where applicable. neither the region nor the airport operators organised proper tenders complying with the public procurement rules to select the airlines in charge of the implementation of activities 1 and 2. the notification document from italy mentions that the region should approve the tender process organised by airport operators to select the interested airlines. the commission has not been informed of any tender organised by airport operators and, according to italy, airlines have been selected on the basis of the most attractive commercial offers submitted to airport operators upon publication of notices on their websites. therefore this criterion is not fulfilled. (420) therefore the commission considers that point 81 of the 2005 aviation guidelines cannot be applied in this case, as several of the criteria in point 79 are not fulfilled. compliance with those criteria is essential for start-up aid to be considered compatible. since the compatibility criteria in point 79 are not fulfilled, the aid is not compatible with the internal market. 7.4.3. conclusion (421) the financial compensation provided by airport operators to airline companies for the financing of activities 1 and 2 under law 10/2010 in the period 2010-2013 cannot be considered compatible with the internal market, as the compatibility criteria referred to in point 79 of the 2005 aviation guidelines are not fulfilled. the state aid granted to airlines by the region therefore constitutes unlawful state aid which is incompatible with the internal market. 8. recovery (422) according to the treaty and the court's established case-law, the commission has power to require the member state concerned to abolish or alter aid when it has found that that aid to be incompatible with the internal market (124). the court has also consistently held that the obligation on a member state to abolish aid regarded by the commission as being incompatible with the internal market is designed to re-establish the previously existing situation (125). (423) in this context, the court has established that this objective is attained once the recipient has repaid the amounts granted by way of unlawful aid, thus forfeiting the advantage which it had enjoyed over its competitors on the market, and the situation prior to the payment of the aid is restored (126). (424) in line with the case-law, article 16(1) of regulation (eu) 2015/1589 states that where negative decisions are taken in cases of unlawful aid, the commission shall decide that the member state concerned shall take all necessary measures to recover the aid from the beneficiary [ ]. (425) thus, given that the measures in question were implemented in breach of article 108 of the treaty, and are to be considered as unlawful and incompatible aid, they must be recovered in order to re-establish the situation that existed on the market prior to their being granted. recovery should cover the time from when the advantage accrued to the beneficiary, that is to say when the aid was put at the disposal of the beneficiary, until effective recovery, and the sums to be recovered should bear interest until effective recovery. (426) regarding the amounts to be recovered, the commission will consider the amounts effectively paid by the region and passed on by geasar and sogaer to airlines throughout the period 2010-2013 for the implementation of measures 1 and 2. as shown in table 6 in recital 89, airport operators have, in practice, provided more funding than they received from the region: airport operators have been undercompensated by the region since they must pay the financial interest on the financial advances received (127) and since regional contributions for 2014 have not yet been paid to cagliari and olbia airport operators. table 14 summarises these findings. table 14 difference between the amount effectively paid to airlines for measures 1 and 2 and the financing received from the region and passed to by geasar and sogaer (eur) contribution fixed up by the region (a) net amount effectively received from the region by airport operators (b) total amount paid by airport operators to airlines for measures 1 & 2 (c) difference (b) (c) cagliari 19 250 617 13 607 197 19 018 170 5 410 973 olbia 13 742 651 9 341 744 12 683 623 3 341 879 total 32 993 268 22 948 941 31 701 793 8 752 852 (427) table 15 shows the details of the annual payments made to airlines by geasar and sogaer throughout the 4 years 2010-2013. italy provided the commission with each payment date. table 15 payments received by airlines from the airports operators of olbia and cagliari (eur) ryanair/ams 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date cagliari [ ] 13/07/2010 [ ] 22/07/2011 [ ] 6/03/2012 [ ] 24/06/2013 [ ] 13/07/2010 [ ] 22/07/2011 [ ] 12/04/2012 [ ] 24/06/2013 [ ] 13/07/2010 [ ] 22/07/2011 [ ] 2/05/2012 [ ] 24/06/2013 [ ] 13/07/2010 [ ] 26/09/2011 [ ] 7/06/2012 [ ] 13/08/2013 [ ] 13/07/2010 [ ] 26/09/2011 [ ] 17/07/2012 [ ] 06/09/13 [ ] 13/07/2010 [ ] 26/09/2011 [ ] 02/08/12 [ ] 06/09/13 [ ] 13/07/2010 [ ] 18/10/2011 [ ] 14/09/2012 [ ] 18/10/2013 [ ] 13/07/2010 [ ] 18/10/2011 [ ] 02/10/12 [ ] 11/11/2013 [ ] 13/07/2010 [ ] 3/11/2011 [ ] 6/11/2012 [ ] 9/12/2013 [ ] 13/07/2010 [ ] 06/12/11 [ ] 5/12/2012 [ ] 15/01/2014 [ ] 11/08/10 [ ] 04/01/12 [ ] 7/01/2013 [ ] 13/08/2013 [ ] 11/08/10 [ ] 31/01/2012 [ ] 5/02/2013 [ ] 14/05/2013 [ ] 7/10/2010 [ ] 22/07/2011 [ ] 17/07/12 [ ] 14/05/2013 [ ] 10/02/11 [ ] 17/07/2012 [ ] 24/06/13 [ ] 2/07/2013 [ ] 10/02/11 [ ] 12/07/11 [ ] 2/07/2013 [ ] 13/08/2013 [ ] 10/02/11 [ ] 26/07/2011 [ ] 12/03/2012 [ ] 6/09/2013 [ ] 10/02/11 [ ] 26/07/2011 [ ] 17/04/2012 [ ] 6/09/2013 [ ] 12/07/2011 [ ] 26/07/2011 [ ] 8/05/2012 [ ] 18/10/2013 [ ] 12/07/2011 [ ] 30/09/11 [ ] 10/07/12 [ ] 11/11/2013 [ ] 26/07/11 [ ] 30/09/11 [ ] 6/09/2012 [ ] 9/12/2013 [ ] 26/07/11 [ ] 30/09/11 [ ] 6/09/2012 [ ] 15/01/14 [ ] 26/07/11 [ ] 4/11/2011 [ ] 19/10/2012 [ ] 13/08/2013 [ ] 26/07/11 [ ] 14/11/2011 [ ] 19/10/2012 [ ] 13/02/2014 [ ] 26/07/11 [ ] 13/12/2011 [ ] 14/11/2012 [ ] 13/03/14 [ ] 26/07/11 [ ] 12/01/12 [ ] 14/11/2012 [ ] 3/09/2014 [ ] 26/07/11 [ ] 12/01/12 [ ] 21/12/2012 [ ] 13/02/14 [ ] 26/07/11 [ ] 12/01/12 [ ] 8/02/2013 [ ] 13/03/2014 [ ] 26/07/11 [ ] 12/01/12 [ ] 10/07/2012 [ ] 3/09/2014 [ ] 26/07/11 [ ] 26/07/2011 [ ] 2/07/2013 [ ] 14/04/2014 [ ] 26/07/11 [ ] 26/07/2011 [ ] 26/07/11 [ ] 26/07/2011 [ ] 26/07/11 [ ] 26/07/2011 [ ] 26/07/11 [ ] 26/07/2011 [ ] 26/07/11 [ ] 10/07/2012 [ ] 11/07/2011 [ ] 11/07/2011 [ ] 02/04/10 [ ] 02/04/10 [ ] 6/07/2010 [ ] 6/07/2010 [ ] 6/07/2010 [ ] 30/08/2010 [ ] 30/08/2010 [ ] 30/08/2010 [ ] 5/10/2010 [ ] 2/02/2011 [ ] 2/02/2011 [ ] 5/04/2011 [ ] 5/04/2011 [ ] 22/07/11 total [ ] [ ] [ ] [ ] [ ] [ ] [ ] [eur 8-20 mio] (eur) easyjet 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date olbia [ ] 21/10/2010 [ ] 17/08/2012 [ ] 19/07/2013 & [ ] 13/09/2013 & [ ] 21/10/2010 13/09/2013 2/05/2014 [ ] 30/05/2011 [ ] 30/05/2011 total [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [eur 0-10 mio] cagliari [ ] 29/10/10 [ ] 6/10/2011 [ ] 16/11/12 [ ] 24/09/2013 [ ] 29/10/10 [ ] 6/04/2012 [ ] 16/10/13 [ ] 17/08/2011 [ ] 17/08/2012 [ ] 24/09/2013 [ ] 06/10/11 total [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [eur 0-10 mio] (eur) air berlin 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date cagliari [ ] 7/04/2014 [ ] 13/05/2014 [ ] 6/06/2014 total [ ] [eur 0-1 mio] olbia [ ] 11/01/2011 [ ] 4/01/2012 [ ] 6/02/2013 [ ] 4/12/2013 & [ ] 11/01/2011 12/03/2013 4/12/2013 26/06/2014 [ ] 1/07/2011 & 12/07/2011 [ ] 12/07/2011 & 4/11/2011 [ ] 4/11/2011 & 04/01/12 total [ ] [ ] [ ] [ ] [ ] [ ] [ ] [eur 2-10 mio] (eur) meridiana 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date olbia [ ] 1/04/2015 [ ] 31/12/2011 [ ] 30/05/2013 [ ] 30/06/2014 [ ] 1/04/2015 total [ ] [ ] [ ] [ ] [ ] [ ] [ ] [eur 0-7 mio] (eur) air italy 2010 2011 total amount payment date amount payment date olbia [ ] 17/05/2011 & 23/05/2011 & 02/08/2011 [ ] 23/05/2011 total [ ] [ ] [ ] [eur 0-1 mio] (eur) vueling 2013 amount payment date olbia [ ] 5/02/2014 cagliari [ ] 17/03/2014 total [eur 0-1 mio] (eur) volotea 2012 2013 total olbia [ ] 29/10/2012 & [ ] 15/07/2013 & 16/01/2013 & 30/09/2013 & 30/09/2013 29/01/2014 & 30/01/2014 [ ] cagliari [ ] 23/04/2015 [ ] 23/04/2015 [ ] total [ ] [ ] [ ] [eur 0-1 mio] (eur) jet2.com 2011 2012 2013 total amount payment date amount payment date amount payment date olbia [ ] 20/12/2011 [ ] 16/01/2013 [ ] 16/05/2013 & 7/08/2014 total [ ] [ ] [ ] [ ] [ ] [ ] [eur 0-1 mio] (eur) air baltic 2013 amount payment date olbia [ ] 15/10/2013 & 6/12/2013 & 3/02/2014 total [eur 0-1 mio] (eur) norwegian 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date olbia [ ] 19/04/2011 [ ] 31/05/2012 [ ] 31/12/2013 [ ] 19/12/2014 [ ] 19/04/2011 total [ ] [ ] [ ] [ ] [ ] [ ] [ ] [eur 0-1 mio] (eur) niki 2012 amount payment date olbia [ ] 25/09/2012 total [eur 0-1 mio] (eur) tourparade 2012 amount payment date cagliari [ ] 22/08/2013 total [eur 0-1 mio] (eur) germanwings 2012 amount payment date cagliari [ ] 18/04/2013 total [eur 0-1 mio] (428) the global amount received from the region by the two airport operators has been used to finance the three measures 1, 2 and 3. the commission has not received any information from italy regarding the exact allocation of the regional funds per type of measure and per air carrier. therefore the commission proposes an allocation per type of measure and per air carrier based on percentages deducted from the amounts shown in table 16. as shown in table 7 in recital 91 and repeated in table 16, the distribution between measures 1 and 2 (paid to airlines) and measure 3 (paid to third service providers) is indicated as a percentage of the total. table 16 financial flows from geasar and sogaer to airlines and third service providers for the financing of measures 1, 2 and 3 sogaer cagliari (eur) reference activity period financing of the activities activities 1 & 2 activity 3 total (a) 2010 [ ] [ ] 4 657 311 2011 [ ] [ ] 4 977 946 2012 [ ] [ ] 4 869 410 2013 [ ] [ ] 4 946 576 total [ ] [ ] 19 451 243 (100 %) geasar olbia (eur) reference activity period financing of the activities activities 1 & 2 activity 3 total (a) 2010 [ ] [ ] 3 972 223 2011 [ ] [ ] 2 945 500 2012 [ ] [ ] 3 029 160 2013 [ ] [ ] 3 795 935 total [ ] [ ] 13 742 818 (100 %) (429) for each airport manager, the commission applies the percentages representing the share of measures 1 and 2 in the overall financing provided by the airport managers, to the net amount effectively received by the two airport operators from the region. the result obtained should tentatively indicate the real amount of public funding provided by the region and spent for measures 1 and 2 (see table 17). table 17 indicative amount received from the region and spent for measures 1 and 2 (eur) contribution fixed up by the region (a) net amount effectively received from the region by airport operators (b) net amount effectively received from the region by airport operators and spent for measures 1 & 2 cagliari 19 250 617 [ ] 13 303 757 [ ] olbia 13 742 651 [ ] 8 621 496 [ ] total 32 993 268 22 948 941 21 925 253 (430) the annual breakdown per airport and the part of the financing provided to airlines for the implementation of activities 1 and 2 and received from the region, is indicated in the following tables: table 18 annual breakdown per airport operator for the financing of activities 1 and 2 sogaer cagliari (eur) reference activity period net amount effectively received by the airport operator (d) financing of activities 1 & 2 part of the financing of the activities received from the region (%) 2010 4 306 635 [ ] 94,94 2011 4 426 733 [ ] 89,56 2012 4 570 389 [ ] 96,27 2013 0 [ ] 0,00 total 13 303 757 19 018 170 geasar olbia (eur) reference activity period net amount effectively received by the airport operator (d) financing of activities 1 & 2 part of the financing of the activities received from the region (%) 2010 3 360 349 [ ] 88,48 2011 2 577 381 [ ] 96,44 2012 2 683 765 [ ] 98,74 2013 0 [ ] 0,00 total 8 621 496 12 683 623 (431) the commission will apply these percentages to the level of funding provided by each airport operator to the beneficiary airlines as shown in table 15 in order to get the amount to be recovered per airport and per airline company. the indicative amounts to be recovered by italy from the various airlines are indicated in table 19, on the basis of the information made available to the commission. table 19 indicative amounts to be recovered from airlines (eur) ryanair/ams total to be recovered 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date cagliari [ ] 13/07/2010 [ ] 22/07/2011 [ ] 6/03/2012 [ ] 24/06/2013 [ ] 13/07/2010 [ ] 22/07/2011 [ ] 12/04/2012 [ ] 24/06/2013 [ ] 13/07/2010 [ ] 22/07/2011 [ ] 2/05/2012 [ ] 24/06/2013 [ ] 13/07/2010 [ ] 26/09/2011 [ ] 7/06/2012 [ ] 13/08/2013 [ ] 13/07/2010 [ ] 26/09/2011 [ ] 17/07/2012 [ ] 06/09/13 [ ] 13/07/2010 [ ] 26/09/2011 [ ] 02/08/12 [ ] 06/09/13 [ ] 13/07/2010 [ ] 18/10/2011 [ ] 14/09/2012 [ ] 18/10/2013 [ ] 13/07/2010 [ ] 18/10/2011 [ ] 02/10/12 [ ] 11/11/2013 [ ] 13/07/2010 [ ] 3/11/2011 [ ] 6/11/2012 [ ] 9/12/2013 [ ] 13/07/2010 [ ] 06/12/11 [ ] 5/12/2012 [ ] 15/01/2014 [ ] 11/08/10 [ ] 04/01/12 [ ] 7/01/2013 [ ] 13/08/2013 [ ] 11/08/10 [ ] 31/01/2012 [ ] 5/02/2013 [ ] 14/05/2013 [ ] 7/10/2010 [ ] 22/07/2011 [ ] 17/07/12 [ ] 14/05/2013 [ ] 10/02/11 [ ] 17/07/2012 [ ] 24/06/13 [ ] 2/07/2013 [ ] 10/02/11 [ ] 12/07/11 [ ] 2/07/2013 [ ] 13/08/2013 [ ] 10/02/11 [ ] 26/07/2011 [ ] 12/03/2012 [ ] 6/09/2013 [ ] 10/02/11 [ ] 26/07/2011 [ ] 17/04/2012 [ ] 6/09/2013 [ ] 12/07/2011 [ ] 26/07/2011 [ ] 8/05/2012 [ ] 18/10/2013 [ ] 12/07/2011 [ ] 30/09/11 [ ] 10/07/12 [ ] 11/11/2013 [ ] 26/07/11 [ ] 30/09/11 [ ] 6/09/2012 [ ] 9/12/2013 [ ] 26/07/11 [ ] 30/09/11 [ ] 6/09/2012 [ ] 15/01/14 [ ] 26/07/11 [ ] 4/11/2011 [ ] 19/10/2012 [ ] 13/08/2013 [ ] 26/07/11 [ ] 14/11/2011 [ ] 19/10/2012 [ ] 13/02/2014 [ ] 26/07/11 [ ] 13/12/2011 [ ] 14/11/2012 [ ] 13/03/14 [ ] 26/07/11 [ ] 12/01/12 [ ] 14/11/2012 [ ] 3/09/2014 [ ] 26/07/11 [ ] 12/01/12 [ ] 21/12/2012 [ ] 13/02/14 [ ] 26/07/11 [ ] 12/01/12 [ ] 8/02/2013 [ ] 13/03/2014 [ ] 26/07/11 [ ] 12/01/12 [ ] 10/07/2012 [ ] 3/09/2014 [ ] 26/07/11 [ ] 26/07/2011 [ ] 2/07/2013 [ ] 14/04/2014 [ ] 26/07/11 [ ] 26/07/2011 [ ] 26/07/11 [ ] 26/07/2011 [ ] 26/07/11 [ ] 26/07/2011 [ ] 26/07/11 [ ] 26/07/2011 [ ] 26/07/11 [ ] 10/07/2012 [ ] 11/07/2011 [ ] 11/07/2011 [ ] 02/04/10 [ ] 02/04/10 [ ] 6/07/2010 [ ] 6/07/2010 [ ] 6/07/2010 [ ] 30/08/2010 [ ] 30/08/2010 [ ] 30/08/2010 [ ] 5/10/2010 [ ] 2/02/2011 [ ] 2/02/2011 [ ] 5/04/2011 [ ] 5/04/2011 [ ] 22/07/11 total [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [eur 8-20 mio] [eur 8-20 mio] (eur) easyjet total to be recovered 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date olbia [ ] 21/10/2010 [ ] 17/08/2012 [ ] 19/07/2013 & [ ] 13/09/2013 & [ ] 21/10/2010 13/09/2013 2/05/2014 [ ] 30/05/2011 [ ] 30/05/2011 total [ ] [ ] [ ] [ ] [eur 0-10 mio] [eur 0-10 mio] cagliari [ ] 29/10/10 [ ] 6/10/2011 [ ] 16/11/12 [ ] 24/09/2013 [ ] 29/10/10 [ ] 6/04/2012 [ ] 16/10/13 [ ] 17/08/2011 [ ] 17/08/2012 [ ] 24/09/2013 [ ] 06/10/11 total [ ] [ ] [ ] [ ] [eur 0-10 mio] [eur 0-10 mio] (eur) air berlin total to be recovered 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date cagliari [ ] 7/04/2014 [ ] 13/05/2014 [ ] 6/06/2014 total [ ] [eur 0-1 mio] to be determined olbia [ ] 11/01/2011 [ ] 4/01/2012 [ ] 6/02/2013 [ ] 4/12/2013 & [ ] 11/01/2011 12/03/2013 4/12/2013 26/06/2014 [ ] 1/07/2011 & 12/07/2011 [ ] 12/07/2011 & 4/11/2011 [ ] 4/11/2011 & 04/01/12 total [ ] [ ] [ ] [ ] [ ] [ ] [eur 2-10 mio] [eur 2-10 mio] (eur) meridiana total to be recovered 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date olbia [ ] 1/04/2015 [ ] 31/12/2011 [ ] 30/05/2013 [ ] 30/06/2014 [ ] 1/04/2015 total [ ] [ ] [ ] [ ] [ ] [ ] [eur 0-7 mio] [eur 0-7 mio] (eur) air italy total to be recovered 2010 2011 total amount payment date amount payment date olbia [ ] 17/05/2011 & 23/05/2011 & 02/08/2011 [ ] 23/05/2011 [ ] [ ] total [ ] [ ] [eur 0-1 mio] [eur 0-1 mio] (eur) volotea total to be recovered 2012 2013 total amount payment date amount payment date olbia [ ] 29/10/2012 & [ ] 15/07/2013 & 16/01/2013 & 30/09/2013 & 30/09/2013 29/01/2014 & 30/01/2014 [eur 0-1 mio] [eur 0-1 mio] cagliari [ ] 23/04/2015 [ ] 23/04/2015 [eur 0-1 mio] [eur 0-1 mio] (eur) air baltic total to be recovered 2013 amount payment date olbia [ ] 15/10/2013 & 6/12/2013 & 3/02/2014 total [eur 0-1 mio] to be determined (eur) vueling total to be recovered 2013 amount payment date olbia [ ] 5/02/2014 to be determined cagliari [ ] 17/03/2014 total [eur 0-1 mio] to be determined (eur) norwegian total to be recovered 2010 2011 2012 2013 total amount payment date amount payment date amount payment date amount payment date olbia [ ] 19/04/2011 [ ] 31/05/2012 [ ] 31/12/2013 [ ] 19/12/2014 [ ] 19/04/2011 [ ] total [eur 0-1 mio] [eur 0-1 mio] [eur 0-1 mio] [eur 0-1 mio] [eur 0-1 mio] [eur 0-1 mio] (eur) jet2.com total to be recovered 2011 2012 2013 total amount payment date amount payment date amount payment date olbia [ ] 20/12/2011 [ ] 16/01/2013 [ ] 16/05/2013 & 7/08/2014 total [eur 0-1 mio] [eur 0-1 mio] [eur 0-1 mio] [eur 0-1 mio] [eur 0-1 mio] (eur) niki total to be recovered 2012 amount payment date olbia [ ] 25/09/2012 total [eur 0-1 mio] [eur 0-1 mio] (eur) tourparade total to be recovered 2012 amount payment date cagliari [ ] 22/08/2013 total [eur 0-1 mio] [eur 0-1 mio] (eur) germanwings total to be recovered 2012 amount payment date cagliari [ ] 18/04/2013 total [eur 0-1 mio] [eur 0-1 mio] (432) to take into account the actual advantage received by the airlines, the amounts indicated in table 19 may be adjusted, according to the supporting evidence provided by italy, in particular the exact date for all payments. (433) as explained at recital 353, for the purpose of the application of state aid rules in this case, ams and ryanair are considered to be a single undertaking. therefore, ryanair and ams should be jointly and severally liable for the reimbursement of the total amount of the aid they received. (434) in addition, italy should add recovery interest to the aid amount, calculated from the date on which the unlawful aid was at the disposal of the beneficiary until the date of its recovery (128), in accordance with chapter v of commission regulation (ec) no 794/2004 (129). 9. conclusion 9.1. funding provided by airport operators to airline companies in respect of activities 1 and 2 (law 10/2010) in the period 2010-2013 existence of state aid in favour of airline companies (435) italy unlawfully implemented the aid provided to airline companies operating at the two airports concerned, pursuant to law 10/2010, for the financing of activities 1 and 2 throughout the period 2010-2013, in breach of article 108(3) of the treaty. (436) the aid provided to airline companies operating at the airports concerned, pursuant to law 10/2010, for the financing of activities 1 and 2 throughout the period 2010-2013 is incompatible with the internal market. the incompatible aid should be recovered from airline companies, which operated at olbia and cagliari airports and benefitted from financing of activities 1 and 2 pursuant to law 10/2010. italy should ensure that all national measures are taken to ensure that the aid recipients reimburse that undue advantage to it. 9.2. financial compensation from the region to sardinian airport operators for the financing of activities 1, 2 and 3 (law 10/2010) over the period 2010-2013 existence of state aid in favour of the airport operators (437) the commission considers that under the scheme established by law 10/2010 over the period 2010-2013, the three airports managers sogeaal, sogaer and geasar did not receive state aid within the meaning of article 107(1) of the treaty under the scheme established by law 10/2010 during the period 2010-2013, has adopted this decision: article 1 1. the scheme that italy established by regional law of sardinia of 13 april 2010, no 10 misure per lo sviluppo del trasporto aereo does not involve state aid within the meaning of article 107(1) of the treaty in favour of sogeaal s.p.a., sogaer. s.p.a., the operator of cagliari-elmas airport and geasar s.p.a., the operator of olbia airport. 2. the scheme that italy established by law 10/2010 constitutes state aid within the meaning of article 107(1) of the treaty in favour of ryanair/ams, easyjet, air berlin, meridiana, alitalia, air italy, volotea, wizzair, norwegian, jet2.com, niki, tourparade, germanwings, air baltic and vueling, in so far as it relates to the operations of those airlines at cagliari-elmas airport and olbia airport. 3. the state aid referred to in paragraph 2 has been put into effect by italy in breach of article 108(3) of the treaty. 4. the state aid referred to in paragraph 2 is incompatible with the internal market. article 2 1. italy shall recover the state aid referred to in article 1(2) from the beneficiaries. 2. taking into account that ryanair and ams constitute a single economic unit for the purpose of the present decision they shall be jointly liable for repayment of the state aid received by either of them. 3. the sums to be recovered shall bear interest from the date on which they were put at the disposal of the beneficiaries until their actual recovery. 4. the interest shall be calculated on a compound basis in accordance with chapter v of regulation (ec) no 794/2004 and to regulation (ec) no 271/2008 amending regulation (ec) no 794/2004. 5. italy shall cancel all outstanding payments of the aid referred to in article 1(2) with effect from the date of adoption of this decision. article 3 1. recovery of the aid referred to in article 1(2) shall be immediate and effective. 2. italy shall ensure that this decision is implemented within 4 months following the date of its notification of this decision. article 4 1. within 2 months following notification of this decision, italy shall submit the following information: the list of beneficiaries that have received aid under the scheme referred to in article 1(2) and the total amount of aid received by each of them under the scheme, the total amount (principal and recovery interests) to be recovered from each beneficiary, a detailed description of the measures already taken and planned to comply with this decision, documents demonstrating that the beneficiaries have been ordered to repay the aid. 2. italy shall keep the commission informed of the progress of the national measures taken to implement this decision until recovery of the aid referred to in article 2 has been completed. it shall immediately submit, on simple request of the commission, information on the measures already taken and planned to comply with this decision. it shall also provide detailed information concerning the amounts of aid and recovery interest already recovered from the beneficiaries. article 5 this decision is addressed to the italian republic. done at brussels, 29 july 2016. for the commission margrethe vestager member of the commission (1) oj c 152, 30.5.2013, p. 30. (2) council regulation (eu) 2015/1589 of 13 july 2015 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 248, 24.9.2015, p. 9). (3) guidelines on state aid to airports and airlines (oj c 99, 4.4.2014, p. 3). (4) application of articles 92 and 93 of the ec treaty and article 61 of the eea agreement to state aids in the aviation sector (oj c 350, 10.12.1994, p. 5). (5) community guidelines on financing of airports and start-up aid to airlines departing from regional airports (oj c 312, 9.12.2005, p. 1). (6) oj c 113, 15.4.2014, p. 30. (7) legge regionale 13 aprile 2010, n.10 misure per lo sviluppo del trasporto aereo art. 3: incentivi alla destagionalizzazione dei collegamenti aerei isolani. (8) decreto assessorato della programmazione, bilancio, credito e assetto del territorio n. 122 del 17.5.2010. (9) deliberazione della giunta regionale no 29/36 del 29.7.2010 attuazione dell'art. 3 della l.r. 13 aprile 2010, n. 10. misure per lo sviluppo del trasporto aereo. (10) deliberazione della giunta regionale no 43/37 del 6.12.2010 legge regionale 13 aprile 2010, no 10, art. 3. misure per lo sviluppo del trasporto aereo. programmi di attivit degli aeroporti. (11) deliberazione no 52/117 del 23.12.2011 legge regionale 13 aprile 2010, no 10. misure per lo sviluppo del trasporto aereo. programmi di attivit triennio 2011-2013. (12) legge regionale 19 gennaio 2011, n. 1 disposizioni per la formazione del bilancio annuale e pluriennale della regione (legge finanziaria 2011). (13) legge regionale 30 giugno 2011, n.12 art.4, commi 32 e 33. (14) societ finanziaria industriale regione sardegna spa www.sfirs.it financial broker under articles 106 and 107 of legislative decree 1 september 1993 no 385. (15) anticipazioni finanziarie a titolo di finanziamento soci oneroso. (16) atto di affidamento a sfirs, rep. 15 del 9 agosto 2011. (17) fondo regionale aeroporti. (18) determinazione del direttore del servizio pianificazione e programmazione sistemi di trasporto no 694 del 2 ottobre 2012 di integrazione del regolamento di attuazione del fondo aeroporti a seguito della legge regionale no 15/2012. (19) determinazione no 22 del 30.1.2012 legge regionale 30 giugno 2011, no 12 art. 4, commi 32 e 33 fondo regionale per anticipazioni finanziarie regolamento attuativo. (20) legge regionale 7 agosto 2012, no 15, art. 2. (21) determinazione prot. no 7641 rep. no 694 del 2 ottobre 2012 legge regionale 30 giugno 2011, no 12 art. 4, commi 32 e 33, modificata e integrata dalla legge regionale 7 agosto 2012, no 15, art. 2 fondo regionale per anticipazioni finanziarie rimodulazione e integrazione regolamento attuativo. (22) deliberazione no 4/34 del 5.2.2014 legge regionale 13 aprile 2010, n. 10. misure per lo sviluppo del trasporto aereo. riparto risorse annualit 2013. (23) advertising or tourist agencies for example. (24) deliberazione no 29/36 of 29 july 2010, p. 1. (25) the airport of oristano, suspended in 2011, had around 7 000 passengers in 2010 and around 1 300 thousand in 2011. the airport of tortol -arbatax had around 13 500 passengers in 2010 and around 2 800 passengers in 2011. (26) source: google maps. (27) source: italy in its communication to the commission of 5 may 2016. (28) the law no 580 of 29 december 1993 is regulating the status of the chambers of commerce in italy. (29) the main shareholder of the airport has the intention to sell a 40 % of its shares in a very next future (source: 2013 annual report). (30) source: wikipedia. (31) this shareholdership structure of sogeaal reflects the changes which happened in the course of 2010. the airport is currently undergoing privatisation. (32) concessione di gestione totale. (33) source: airport's official website. (34) societa per azioni costituita nel 1985. (35) source: wikipedia. (36) as explained in recital 53, financial compensation had originally been foreseen in favour of all sardinian airports, including oristano airport, but it was then cancelled. (37) see recital 44. (38) since 2000, psos have been imposed on domestic routes between sardinian airports and airports on mainland italy pursuant to union air transport rules. (39) regulation (ec) no 1008/2008 of the european parliament and of the council of 24 september 2008 on common rules for the operation of air services in the community (oj l 293, 31.10.2008, p. 3). (40) as regards tortol -arbatax, the act mentions that the airport operator submitted the plan for the triennium only (not for 2010). (41) in its communication to the commission of 11 september 2015 (recital 14), italy provides the example of geasar, which, in 2013, reduced its marketing activities compared to the initial previsions (within the activity 2 financed by the region). the region consequently reduced its final contribution. (42) italy provides for that purpose the example of the oristano airport, for which the region refused a specific route forecasted in the plan of activities of the airport communication from italy to the commission of 5 may 2015, pp. 5-6. (43) fondo regionale per anticipazioni finanziarie legge regionale 30 giugno 2011, n. 12, art. 4, commi 32 e 33. (44) with a maximum up to 90 % for 2011 cf. determinazione prot. no 7641 rep. no 694 del 2/10/2012. (45) this amount is equivalent to the contribution decided by the region, less the 4 % withholding fee and the financial anticipation already granted to the airport operator. (46) italy provided the commission with tables indicating the final amount committed by the region. (47) the commission notes that the italian authorities do not explain why the financial advances reported in the tables sometimes exceed the contribution fixed by the region. however, these differences are not relevant for the purpose of assessing the aid measures since the commission only retains the budgetary commitment (column a) and the amount effectively received by airport operators (column d) see table 14. (48) disposti ma non erogati. (*1) business secret. (49) see recital 47: although tenders had been foreseen by the sardinian legal framework, no tender has been organised to select airline companies. (50) in its communication of 11 september 2015, italy declares an amount of eur [ ] for the financing of activity 3 in 2011. in its communication of 16 december 2015 (report from deloitte financial advisory s.r.l.), italy mentions the amount of eur [ ] instead of eur [ ] without any justification for the difference. (51) the scope of the opening decision did not include the potential aid granted by airport operators to service providers other than airlines for activity 3. therefore, the commission cannot take a position on this aspect. (52) commission decision (eu) 2015/1584 of 1 october 2014 on state aid sa.23098 (c 37/07) (ex nn 36/07) implemented by italy in favour of societ di gestione dell'aeroporto di alghero so.ge.a.al s.p.a. and various air carriers operating at alghero airport (oj l 250, 25.9.2015, p. 38). (53) see recitals 48-52. (54) commission decision 2012/21/eu of 20 december 2011 on the application of article 106(2) of the treaty on the functioning of the european union to state aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (oj l 7, 11.1.2012, p. 3). (55) commission communication on a european union framework for state aid in the form of public service compensation (2011) (oj c 8, 11.1.2012, p. 15). (56) see footnote 4. (57) see footnote 8. (58) atto di affidamento a sfirs, rep. 15 del 9 agosto 2011. (59) isc indicatore sintetico di costo. (60) see footnote 3. (61) italy provided the commission with three reports presenting an economic and financial analysis of the airports with respect to the measures foreseen by law 10/2010. the commission bases its analysis on these reports. (62) earnings before interest, taxes, depreciation, and amortisation. (63) earnings before interest and taxes. (64) source: annual financial reports of sogaer for the period 2010-2013. (65) source: annual financial reports of sogeaal for the period 2010-2013. (66) for that purpose geasar provides the commission with a financial simulation assuming a new debt taken by the company to finance the measures pursuant to law 10/2010 and concludes towards a worsening of the main financial indicators of the company. (67) valutazione economica degli accordi tra geasar s.p.a. e i vettori aerei stipulati nell'ambito della legge regionale n. 10/2010 deloitte financial advisory s.r.l. 15/12/2015. (68) source: annual financial reports of geasar for the period 2010-2013. (69) market economy investor principle. (70) oxera's report dated 28 june 2013. (71) ryanair state aid cases, prepared for ryanair by oxera, 9 april 2013. (72) principles underlying profitability analysis for meip tests. ryanair state aid cases, prepared for ryanair by oxera, 9 april 2013. (73) prepared for ryanair by professor d.p. mcloughlin, 10 april 2013. (74) airport services agreements. (75) the joint ams-asa profitability analysis has been undertaken for all those airports for which the consultancy firm has been able to obtain the necessary data. (76) oxera's report of 12 september 2014. (77) see footnote 52. (78) oxera report of 26 september 2014. (79) market economy operator principle. (80) communication from ryanair of 26 january 2015. (81) communication from ryanair of 27 february 2015. (82) report oxera, 2 mars 2015. (83) oxera report prepared for ryanair, 4 december 2015. (84) the consultancy firm refered to the approach used by the commission in the decisions for pau and n mes airports, where the commission calculated expected non-aeronautical revenues per departing passenger based on the observed data at the airport prior to signing the agreements, with adjustments for inflation. commission decision (eu) 2015/1227 of 23 july 2014 on state aid sa.22614 (c 53/07) implemented by france in favour of the chamber of commerce and industry of pau-b arn, ryanair, airport marketing services and transavia (oj l 201, 30.7.2015, p. 109), in particular recital 414. commission decision (eu) 2016/633 of 23 july 2014 on state aid sa.33961 (2012/c) (ex 2012/nn) implemented by france in favour of n mes uz s le vigan of n mes-uz s-le vigan chamber of commerce and industry, veolia transport a roport de n mes, ryanair limited and airport marketing services limited (oj l 113, 27.4.2016, p. 32), in particular recital 436. (85) the consultancy firm considered the start of ryanair's operations as the year when ryanair started significant operations at an airport, defined as the first year in which ryanair departing passengers exceeded 50 % of the maximum total number of ryanair departing passengers carried in 1 year at the same airport over the period 1994-2012. (86) the cagliari contract concerns the operation of the following routes: stansted, geneva, basel, schoenefeld. (87) the olbia contract concerns the operation of the following routes: bristol, basel, geneva, london gatwick, milano malpensa, schoenefeld, lyon, orly and madrid-barajas. (88) neither business plan has been communicated to the commission. (89) judgment of 24 july 2003, altmark trans and regierungspr sidium magdeburg, c-280/00, eu:c:2003:415. (90) mainly commission decision 2004/393/ec of 12 february 2004 with its establishment at charleroi concerning advantages granted by the walloon region and brussels south charleroi airport to the airline ryanair in connection with its establishment at charleroi (oj l 137, 30.4.2004, p. 1), and commission decision 2013/664/eu of 25 july 2012 on measure sa.23324 c 25/07 (ex nn 26/07) finland, finav a, airpro and ryanair at tampere-pirkkala airport (oj l 309, 19.11.2013, p. 27). (91) the analysis has been made without access to the airport to discuss the data obtained from public sources and easyjet, the information has been derived from the relevant marketing agreements, invoice data, ground-handling agreements, published tariffs and olbia airport's annual accounts. (92) the criteria in question have been examined by the commission at points 133 et seq. of the opening decision. (93) 2011/2196 (ini). (94) the criteria in question were examined by the commission at points 133 et seq. of the opening decision. (95) ente nazionale per l'aviazione civile enac. (96) commission decision (eu) 2015/1584 of 1 october 2014 on state aid sa.23098 (c 37/07) (ex nn 36/07) implemented by italy in favour of societ di gestione dell'aeroporto di alghero so.ge.a.al s.p.a. and various air carriers operating at alghero airport (oj l 250, 25.9.2015, p. 38). (97) see recitals 51-54. (98) as regards the implementation of the scheme, the commission notes that italy had indicated already at the stage of the formal procedure in case sa.23098 that the decision to conclude commercial agreements between sogeaal and airlines was made in accordance with the region in its capacity as controlling shareholder of sogeaal (see in particular recital 383). (99) see communication from the commission on the application of the european union state aid rules to compensation granted for the provision of services of general economic interest (oj c 8, 11.1.2012, p. 4) part 2.1 and associated case law, in particular the judgment of 12 september 2000, pavlov and others, c-180/98, c-181/98, c-182/98, c-183/98 and c-184/98, eu:c:2000:428. (100) judgment of 16 june 1987, commission/italy, case 118/85, eu:c:1987:283, paragraph 7; judgment of 18 june 1998, commission/italy, c-35/96, eu:c:1998:303, paragraph 36; judgment in pavlov and others, eu:c:2000:428, paragraph 75. (101) for this purpose, see commission decision (eu) 2015/1227 of 23 july 2014 on state aid sa.22614 (c 53/07) implemented by france in favour of the chamber of commerce and industry of pau-b arn, ryanair, airport marketing services and transavia (oj l 201, 30.7.2015, p. 109), in particular recital 290. see also commission decision on altenburg airport not published yet. (102) judgment of 12 may 2011, r gion nord-pas-de-calais/commission t-267/08 and t-279/08, eu:t:2011:209. (103) the limited amount of own financing of the measures by airport operators does not result from the latter's discretionary decisions, but reflects the fact that the region has reduced ex post the level of public financing channelled to airport operators although the latter had already borne the corresponding cost of financing airlines. see section 2.7 in particular recitals 83, 86 and 89. (104) document oggetto: attuazione della legge regionale 13 aprile 2010, no 10 misure per lo sviluppo del trasporto aereo finanziamento degli aeroporti isolani per il potenziamento e lo sviluppo del trasporto aereo quale servizio di interesse economico generale, notified by italy on 30 november 2011. (105) definizione, attraverso gli stessipiani di attivit , di adeguate strategie di marketing and pubblicita finalizzate all'incremento del numero di passeggeri nelle rotte oggetto della gara (emphasis added), p. 7. (106) see for instance the milan page of ryanair (https://www.ryanair.com/gb/en/plan-trip/destinations/flights-to-milan, visited on 6 july 2016). (107) deliberazione nr 29/36 of 29 july 2010. (108) i programmi dovranno prevedere la realizzazione di attivit in coerenza con le seguenti direttive: ( ) deve essere prevista adeguata promozione del territorio in caso di lancio di nuove rotte o di aumento di operativit dei voli (emphasis added), p. 3. (109) document oggetto: attuazione della legge regionale 13 aprile 2010, no 10 misure per lo sviluppo del trasporto aereo finanziamento degli aeroporti isolani per il potenziamento e lo sviluppo del trasporto aereo quale servizio di interesse economico generale, notified by italy on 30 november 2011. (110) definizione, attraverso gli stessipiani di attivit , di adeguate strategie di marketing and pubblicita finalizzate all'incremento del numero di passeggeri nelle rotte oggetto della gara (highlight added), p. 7. (111) since 2000, public service obligations have been imposed on domestic routes between sardinian airports and airports on mainland italy pursuant to union air transport rules. (112) see judgment of the court of justice of 5 june 2012, commission v edf, c-124/10, eu:c:2012:318, paragraph 82. (113) see judgment in commission v edf, eu:c:2012:318, paragraph 79. (114) see in that regard the judgment of 30 june 2016, belgium v commission, c-270/15, eu:c:2016:489, in particular paragraph 50. (115) point 116 of commission notice on the notion of state aid as referred to in article 107(1) tfeu, published on the 19 may 2016, http://ec.europa.eu/competition/state_aid/modernisation/notice_of_aid_en.pdf (116) see footnote 181. (117) see table 6 at section 2.8.1. (118) see recital 379. (119) communication from the sardinian region of 18 may 2015, punto 10, p. 12. (120) communication from italy dated 18 may 2015 (reference 4812), as answer to a commission request pp. 12-13. (121) 2014 aviation guidelines, point 174. (122) 2005 aviation guidelines, point 85. (123) see table 5 in recital 69. (124) see judgment of 12 july 1973, commission/germany, case 70/72, eu: c:1973:87, paragraph 13. (125) see judgment of 14 september 1994, spain/commission, c-278/92, c-279/92 and c-280/92, eu: c: 1994:325, paragraph 75. (126) see judgment of 17 june 1999, belgium/commission, c-75/97, eu: c:1999:311, paragraphs 64 and 65. (127) see section 2.7.4. (128) see article 16(2) of council regulation (eu) 2015/1589 precited. (129) commission regulation (ec) no 794/2004 of 21 april 2004 implementing council regulation (ec) no 659/1999 laying down detailed rules for the application of article 93 of the ec treaty (oj l 140, 30.4.2004, p. 1).

name: commission implementing decision (eu) 2017/1870 of 16 october 2017 on the publication of the reference of the european standard on electronic invoicing and the list of its syntaxes pursuant to directive 2014/55/eu of the european parliament and of the council (text with eea relevance. ) type: decision_impl subject matter: executive power and public service; technology and technical regulations; information technology and data processing; accounting; documentation; trade policy date published: 2017-10-17 17.10.2017 en official journal of the european union l 266/19 commission implementing decision (eu) 2017/1870 of 16 october 2017 on the publication of the reference of the european standard on electronic invoicing and the list of its syntaxes pursuant to directive 2014/55/eu of the european parliament and of the council (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2014/55/eu of the european parliament and of the council of 16 april 2014 on electronic invoicing in public procurement (1), and in particular article 3(2) and the third subparagraph of article 11(2) thereof, whereas: (1) directive 2014/55/eu has the objective of promoting the uptake of electronic invoicing in public procurement, by ensuring semantic interoperability and improving legal certainty. the benefits of electronic invoicing are maximised when the generation, sending, transmission, reception and processing of an invoice can be fully automated. the use of a common european standard on electronic invoicing and the identification of a limited list of syntaxes are a guarantee that these benefits are reached in the context of the internal market. (2) pursuant to article 3 of directive 2014/55/eu, the commission requested from the european standardisation organisations to develop the european standard on electronic invoicing and its related deliverables, amongst which the main one is the list of syntaxes, based on the standardisation request of 10 december 2014, c(2014) 7912 final (2). (3) on 28 june 2017 the european committee for standardisation (cen) issued the european standard en 16931-1:2017, electronic invoicing part 1: semantic data model of the core elements of an electronic invoice and the list of syntaxes cen/ts 16931-2:2017, electronic invoicing part 2: list of syntaxes that comply with en 16931-1, according to cen system of classification. (4) the related deliverables developed by cen aiming at supporting the implementation of the european standard on electronic invoicing are available on cen website. (5) the commission has conducted a test on the practical application for an end user of the european standard on electronic invoicing, in accordance with fifth subparagraph of article 3(1) of directive 2014/55/eu. the test showed that the european standard en 16931-1:2017 is fit for purpose and meets the criteria listed in second subparagraph of article 3(1) of directive 2014/55/eu and especially criteria of practicality, user-friendliness and possible implementation costs. the report of the outcome of that test was submitted to the european parliament and the council on 11 october 2017. (6) in order to ensure that electronic invoices are received and processed in compliance with the european standard on electronic invoicing and the related syntaxes as soon as possible, this decision should enter into force on the first day following that of its publication in the official journal of the european union. (7) the reference of en 16931-1:2017, electronic invoicing part 1: semantic data model of the core elements of an electronic invoice and the list of syntaxes cen/ts 16931-2:2017, electronic invoicing part 2 should therefore be published in the official journal of the european union, has adopted this decision: article 1 the reference of the european standard on electronic invoicing en 16931-1:2017, electronic invoicing part 1: semantic data model of the core elements of an electronic invoice and the list of syntaxes with reference cen/ts 16931-2:2017, electronic invoicing part 2: list of syntaxes that comply with en 16931-1, as set out in the annex to this decision, are hereby published. article 2 18 april 2019 is the final date for bringing into force of the measures referred to in the first subparagraph of article 11(2) of directive 2014/55/eu. article 3 this decision shall enter into force on the first day following that of its publication in the official journal of the european union. done at brussels, 16 october 2017. for the commission the president jean-claude juncker (1) oj l 133, 6.5.2014, p. 1. (2) commission implementing decision c(2014) 7912 final of 10 december 2014 on a standardisation request to the european standardisation organisations as regards a european standard on electronic invoicing and a set of ancillary standardisation deliverables pursuant to regulation (eu) no 1025/2012 of the european parliament and of the council (m/528). annex list of syntaxes the list of syntaxes mentioned in article 3(2) of directive 2014/55/eu is provided by cen in clause 7 of cen/ts 16931-2:2017, published on 28 june 2017. the 2 syntaxes are the following: 1. un/cefact cross industry invoice xml message as specified in xml schemas 16b (scrdm cii) (1). 2. ubl invoice and credit note messages as defined in iso/iec 19845:2015 (2). (1) these documents are made available by unece (united nations economic commission for europe) at http://www.unece.org/cefact/xml_schemas/index (2) these documents are made available by oasis ubl (universal business language) at http://docs.oasis-open.org/ubl/cs1-ubl-2.1/ubl-2.1.pdf

name: council decision (cfsp) 2017/1869 of 16 october 2017 on the european union advisory mission in support of security sector reform in iraq (euam iraq) type: decision subject matter: asia and oceania; european construction; politics and public safety; social affairs date published: 2017-10-17 17.10.2017 en official journal of the european union l 266/12 council decision (cfsp) 2017/1869 of 16 october 2017 on the european union advisory mission in support of security sector reform in iraq (euam iraq) the council of the european union, having regard to the treaty on european union and in particular article 28, article 42(4) and article 43(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 19 june 2017, the council reiterated the union's steadfast support for iraq's unity, sovereignty and territorial integrity, and underscored the importance of security and the rule of law for stability in iraq. the council announced that, in response to the request by the iraqi authorities, the union was examining the deployment of an eu security sector reform advise and assist team to assist in the reform efforts in cooperation and coherence with other international partners. (2) on 17 july 2017, the council approved a crisis management concept for a possible civilian csdp mission in support of security sector reform in iraq. (3) on 24 august 2017, the prime minister of iraq welcomed the envisaged mission in a letter to the high representative of the union for foreign affairs and security policy (hr). (4) following the recommendation of the director of the civilian planning and conduct capability, the mission should be launched. (5) the political and security committee (psc) should exercise, under the responsibility of the council and of the high representative, political control over the mission, provide it with strategic direction and take the relevant decisions in accordance with the third paragraph of article 38 of the treaty on european union (teu). (6) the watch-keeping capability should be activated for this mission. (7) this mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the union's external action as set out in article 21 teu, has adopted this decision: article 1 mission the union hereby establishes and launches a european union advisory mission in support of security sector reform in iraq (euam iraq). article 2 objectives the strategic objectives of euam iraq shall be: (1) to provide advice and expertise to the iraqi authorities at the strategic level in order to contribute to the implementation of the iraqi national security strategy; (2) to analyse, assess and identify opportunities for potential further union engagement in support of the needs of the security sector reform in iraq in the long term; (3) to assist the union delegation to iraq in the coordination of union and member states support in the field of security sector reform in iraq. article 3 tasks 1. in order to fulfil the objectives set out in point (1) of article 2, euam iraq shall: (a) support the national counter-terrorism committee in the implementation of the national counter-terrorism strategy and in identifying the sub-strategies and action plans for its implementation; (b) support the planning directorate of the ministry of the interior to plan the institutional reforms of the department, including police services, as part of the implementation of the national security strategy; (c) contribute to the drafting of a national strategy against organised crime led by the department of organised crime of the ministry of interior; 2. in order to fulfil the objectives set out in point (2) of article 2, euam iraq shall: (a) do a mapping of ongoing activities in support of the civilian security sector, including border security, and identify lessons and gaps; (b) identify, in coordination with international donors, key projects for quick delivery in the short term in which union institutions or member states could engage; (c) identify medium- to long-term needs and opportunities for possible future engagement in the security sector reform domain, with a view to informing and supporting union politico-strategic planning for such possible engagement if so required; (d) contribute to the management and running of the security sector reform architecture as part of the joint secretariat. 3. euam iraq shall assist the union delegation to iraq in the coordination of union and member states support in the field of security sector reform in iraq. 4. euam iraq shall ensure that human rights and gender perspectives are incorporated into its tasks, and that policies and plans developed with its support comply with international standards and obligations on human rights and on gender. 5. euam iraq shall ensure that that actions to combat organised crime include the fight against illegal migration, trafficking in weapons and drugs, cybercrime and illicit trafficking and destruction of cultural goods. the latter will be closely coordinated with all relevant actors on the ground, in particular with unesco and the global coalition. 6. euam iraq shall not carry out any executive function. article 4 chain of command and structure 1. euam iraq shall have a unified chain of command as a crisis management operation. 2. euam iraq shall have its headquarters in baghdad. 3. euam iraq shall be structured in accordance with its planning documents. article 5 civilian operation commander 1. the director of civilian planning and conduct capability (cpcc) shall be the civilian operation commander for euam iraq. the cpcc shall be at the disposal of the civilian operation commander for the planning and conduct of euam iraq. 2. the civilian operation commander shall exercise command and control of euam iraq at the strategic level, under the political control and strategic direction of the political and security committee (psc) and overall authority of the high representative for foreign affairs and security policy (hr). 3. the civilian operation commander shall ensure the proper and effective implementation of the decisions of the council and the psc with regard to the conduct of operations, including by issuing instructions at the strategic level to the head of mission as required, and providing him with advice and technical support. the civilian operation commander shall report to the council through the hr. 4. all seconded staff shall remain under the full command of the national authorities of the seconding state in accordance with national rules, of the union institution concerned or of the european external action service (eeas) respectively. those authorities shall transfer operational control (opcon) of their staff to the civilian operation commander. 5. the civilian operation commander shall have overall responsibility for ensuring that the union's duty of care is properly discharged. 6. the civilian operation commander and the head of union delegation to iraq shall consult each other as required. article 6 head of mission 1. mr markus ritter is hereby appointed head of mission. 2. the head of mission shall assume responsibility for euam iraq and shall exercise command and control thereof, at theatre level. the head of mission shall be directly responsible to the civilian operation commander and shall act in accordance with the his instructions. 3. the head of mission shall be the representative of euam iraq in its area of responsibility. 4. the head of mission shall exercise administrative and logistic responsibility for euam iraq, including responsibility for the assets, resources and information that have been placed at the disposal of euam iraq. the head of mission may delegate management tasks regarding staff and financial matters to staff members of euam iraq, under his overall responsibility. 5. the head of mission shall be responsible for disciplinary control over the staff of euam iraq. for seconded staff, disciplinary action shall be exercised by the national authorities of the seconding state in accordance with national rules, by the union institution concerned, or by the eeas respectively. 6. the head of mission shall ensure appropriate visibility of euam iraq. 7. the head of mission shall coordinate with other union actors on the ground, as appropriate. without prejudice to the chain of command, the head of mission shall receive local political guidance from the head of the union delegation to iraq. article 7 staff 1. euam iraq shall consist primarily of staff seconded by member states, union institutions or the eeas. each member state, each union institution and the eeas shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances. 2. the member state, the union institution, or the eeas respectively shall be responsible for answering any claims linked to the secondment from or concerning the members of staff that they have seconded, and for bringing any action against such persons. 3. international and local staff may be recruited on a contractual basis by euam iraq if the functions required cannot be provided by personnel seconded by member states. exceptionally, in duly justified cases, where no qualified applicants from member states are available, nationals from participating third states may be recruited on a contractual basis, as appropriate. 4. the conditions of employment and the rights and obligations of international and local staff shall be laid down in the contracts between euam iraq and the staff member concerned. article 8 status of euam iraq and of its staff the status of euam iraq and its staff, including as appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of euam iraq, shall be the subject of an agreement concluded pursuant to article 37 teu in accordance with the procedure laid down in article 218 treaty on the functioning of the european union. article 9 political control and strategic direction 1. the psc shall exercise, under the responsibility of the council and of the hr, political control and strategic direction of euam iraq. the council hereby authorises the psc to take the relevant decisions for this purpose in accordance with the third paragraph of article 38 teu. this authorisation shall include the power to appoint a head of mission, upon a proposal from the hr, and the power to amend the operation plan (oplan). the powers of decision with respect to the objectives and termination of the euam iraq shall remain vested in the council. 2. the psc shall report to the council at regular intervals. 3. the psc shall receive, on a regular basis and as required, reports from the civilian operation commander and the head of mission on issues within their areas of responsibility. article 10 participation of third states 1. without prejudice to the decision-making autonomy of the union and its single institutional framework, third states may be invited to contribute to euam iraq, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from iraq, and that they contribute to the running costs of euam iraq, as appropriate. 2. third states contributing to euam iraq shall have the same rights and obligations as member states in terms of the day-to-day management of euam iraq. 3. the council hereby authorises the psc to take the relevant decisions on acceptance of the proposed contributions and on the establishment of a committee of contributors. 4. detailed arrangements regarding the participation of third states shall be covered by agreements concluded in accordance with article 37 teu. where the union and a third state conclude or have concluded an agreement establishing a framework for the participation of that third state in union crisis-management operations, the provisions of that agreement shall apply in the context of euam iraq. article 11 security 1. the civilian operation commander shall direct the head of mission's planning of security measures and ensure that euam iraq implements those measures properly and effectively in accordance with article 5. 2. the head of mission shall be responsible for the security of euam iraq and for ensuring compliance with minimum security requirements applicable to euam iraq, in line with the policy of the union on the security of personnel deployed outside the union in an operational capacity under title v teu, and its supporting instruments. 3. the head of mission shall be assisted by a mission security officer, who shall report to the head of mission and shall also maintain a close functional relationship with the eeas. 4. the euam iraq staff shall undergo mandatory security training before taking up their duties, in accordance with the oplan. they shall also receive regular in-theatre refresher training organised by the mission security officer. 5. the head of mission shall ensure the protection of eu classified information in accordance with council decision 2013/488/eu (1). article 12 watch-keeping capability the watch-keeping capability shall be activated for euam iraq. article 13 legal arrangements euam iraq shall have the capacity to procure services and supplies, to enter into contracts and administrative arrangements, to employ staff, to hold bank accounts, to acquire and dispose of assets and to discharge its liabilities, and to be a party to legal proceedings, as required in order to implement this decision. article 14 financial arrangements 1. the financial reference amount intended to cover the expenditure related to euam iraq from 16 october 2017 to 17 october 2018 shall be eur 14 000 000. the financial reference amount for any subsequent period shall be decided by the council. 2. all expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the union. participation of natural and legal persons in the award of procurement contracts by euam iraq shall be open without limitations. moreover, no rule of origin for the goods purchased by euam iraq shall apply. subject to the commission's approval, euam iraq may conclude technical arrangements with member states, the host state, participating third states and other international actors, regarding the provision of equipment, services and premises to euam iraq. 3. euam iraq shall be responsible for the implementation of its budget. for this purpose, euam iraq shall sign an agreement with the commission. 4. euam iraq shall report fully to, and be supervised by, the commission on the activities undertaken within the framework of the agreement. 5. the financial arrangements shall respect the chain of command provided for in articles 4, 5 and 6 and the operational requirements of euam iraq. 6. the expenditure related to euam iraq shall be eligible as of the date of adoption of this decision. article 15 consistency of the union's response and coordination 1. the hr shall ensure the consistency of the implementation of this decision with the union's external action as a whole, including the union's development programmes. 2. without prejudice to the chain of command, the head of mission shall act in close coordination with the union delegation to iraq to ensure the consistency of union action in iraq. 3. the head of mission shall coordinate closely with member states' heads of missions present in iraq. article 16 release of information 1. the hr shall be authorised to release to the third states associated with this decision, as appropriate and in accordance with the needs of euam iraq, eu classified information up to confidentiel ue/eu confidential level generated for the purposes of euam iraq, in accordance with decision 2013/488/teu. 2. in the event of a specific and immediate operational need, the hr shall also be authorised to release to the host state any eu classified information up to restreint ue/eu restricted level which has been generated for the purposes of euam iraq, in accordance with decision 2013/488/eu. arrangements between the hr and the competent authorities of the host state shall be drawn up for this purpose. 3. the hr shall be authorised to release to the third states associated with this decision any eu non-classified documents connected with the deliberations of the council relating to euam iraq and covered by the obligation of professional secrecy pursuant to article 6(1) of the council's rules of procedure (2). 4. the hr may delegate the powers and the ability to conclude the arrangements, referred to in paragraphs 1, 2 and 3, to persons placed under his or her authority, to the civilian operations commander and to the head of mission, in accordance with section vii of annex vi to decision 2013/488/eu. article 17 entry into force and duration this decision shall enter into force on the day of its adoption. it shall apply until 17 october 2018. done at luxembourg, 16 october 2017. for the council the president f. mogherini (1) council decision 2013/488/eu of 23 september 2013 on the security rules for protecting eu classified information (oj l 274, 15.10.2013, p. 1). (2) council decision 2009/937/eu of 1 december 2009 adopting the council's rules of procedure (oj l 325, 11.12.2009, p. 35).

name: council implementing decision (eu) 2017/1855 of 10 october 2017 authorising romania to apply a special measure derogating from article 287 of directive 2006/112/ec on the common system of value added tax type: decision_impl subject matter: european union law; taxation; europe; business classification date published: 2017-10-14 14.10.2017 en official journal of the european union l 265/19 council implementing decision (eu) 2017/1855 of 10 october 2017 authorising romania to apply a special measure derogating from article 287 of directive 2006/112/ec on the common system of value added tax the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (1), and in particular article 395 thereof, having regard to the proposal from the european commission, whereas: (1) under point 18 of article 287 of directive 2006/112/ec, romania may exempt from value added tax (vat) taxable persons whose annual turnover is no higher than the equivalent in national currency of eur 35 000 at the conversion rate on the day of its accession. (2) by virtue of council implementing decision 2012/181/eu (2) romania is authorised to apply a higher threshold and to exempt from vat taxable persons with annual turnover not exceeding eur 65 000. this measure was extended by council implementing decision 2014/931/eu (3) which expires on 31 december 2017. (3) by letter registered with the commission on 26 april 2017 romania requested the authorisation to continue derogating from point 18 of article 287 of directive 2006/112/ec and at the same time to increase the exemption threshold to the equivalent in national currency of eur 88 500. (4) a higher threshold for the special scheme for small enterprises is a simplification measure, as it may significantly reduce the vat obligations of small enterprises. (5) in accordance with article 395(2) of directive 2006/112/ec, the commission informed the other member states by letter dated 9 june 2017 of the request made by romania. the commission notified romania by letter dated 12 june 2017 that it had all the information necessary to consider the request. (6) romania expects that the measure reduces vat-related obligations for a number of small enterprises. it should also reduce the burden on the tax authorities by removing the need to monitor the collection of a small volume of revenues from larger number of small enterprises. (7) given that this derogating measure is to result in reduced vat obligations for small enterprises, romania should be authorised to apply the measure for a limited period. taxable persons should still be able to opt for the normal vat arrangements. (8) as articles 281 to 294 of directive 2006/112/ec governing the special scheme for small enterprises are subject to review, it is possible that a directive amending those provisions of directive 2006/112/ec will enter into force before the period of validity of the derogation expires on 31 december 2020. (9) based on information provided by romania, the increased threshold will have a negligible impact on the overall amount of tax revenue collected at the stage of final consumption. (10) the derogation has no impact on the union's own resources accruing from vat, because romania will carry out a compensation calculation in accordance with article 6 of council regulation (eec, euratom) no 1553/89 (4), has adopted this decision: article 1 by way of derogation from point 18 of article 287 of directive 2006/112/ec, romania is authorised to exempt from vat taxable persons whose annual turnover is no higher than the equivalent in national currency of eur 88 500 at the conversion rate on the day of its accession. article 2 this decision shall take effect on the date of its notification. this decision shall apply from 1 january 2018 until 31 december 2020, or until the entry into force of a directive amending the provisions of articles 281 to 294 of directive 2006/112/ec, whichever date is the earlier. article 3 this decision is addressed to romania. done at luxembourg, 10 october 2017. for the council the president t. t niste (1) oj l 347, 11.12.2006, p. 1. (2) council implementing decision 2012/181/eu of 26 march 2012 authorising romania to introduce a special measure derogating from article 287 of directive 2006/112/ec on the common system of value added tax (oj l 92, 30.3.2012, p. 26). (3) council implementing decision 2014/931/eu of 16 december 2014 extending the application of implementing decision 2012/181/eu authorising romania to introduce a special measure derogating from article 287 of directive 2006/112/ec on the common system of value added tax (oj l 365, 19.12.2014, p. 145). (4) council regulation (eec, euratom) no 1553/89 of 29 may 1989 on the definitive uniform arrangements for the collection of own resources accruing from value added tax (oj l 155, 7.6.1989, p. 9).

name: council implementing decision (eu) 2017/1856 of 10 october 2017 authorising the republic of poland to introduce a special measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax type: decision_impl subject matter: europe; trade; information technology and data processing; criminal law; european union law; taxation date published: 2017-10-14 14.10.2017 en official journal of the european union l 265/21 council implementing decision (eu) 2017/1856 of 10 october 2017 authorising the republic of poland to introduce a special measure derogating from article 193 of directive 2006/112/ec on the common system of value added tax the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council directive 2006/112/ec of 28 november 2006 on the common system of value added tax (1), and in particular article 395 thereof, having regard to the proposal from the european commission, whereas: (1) article 193 of directive 2006/112/ec provides that the taxable person supplying the goods or services is, as a general rule, liable for the payment of value added tax (vat) to the tax authorities. (2) by letter registered with the commission on 7 october 2016, poland has requested a derogation from article 193 of directive 2006/112/ec in order to apply the reverse charge mechanism to supplies of hard drives such as solid-state drives and hard disk drives. (3) in accordance with article 395(2) of directive 2006/112/ec, the commission informed the other member states by letters dated 12 and 13 july 2017 of the request made by poland. by letter dated 13 july 2017, the commission notified poland that it had all the information necessary to consider the request. (4) hard drives, which are not covered by article 199a of directive 2006/112/ec, became another commodity in the category of electronic products used for vat fraud in poland. according to poland, an increase of vat fraud appeared on the hard drive market through the use of the missing trader mechanism. the scale and scope of this practice has a direct, very negative impact on distributors not participating in the fraud and it leads to the decrease of vat revenues. (5) poland undertook a number of measures to tackle and prevent vat fraud. however, until the measures bring effective results, poland considers that additional support, in the form of a temporary measure such as the introduction of the reverse charge mechanism, is necessary. (6) poland should therefore be authorised to apply the reverse charge mechanism to supplies of hard drives such as solid-state drives and hard disk drives from 1 january 2018. the derogation should be limited in time until 31 december 2020. (7) until the expiry of the derogation the measures undertaken by poland are expected to prevent further spreading of the vat fraud in the sector of hard drives and thus poland will not need to derogate any more from article 193 of directive 2006/112/ec with regards to these supplies. poland should therefore not seek the renewal of the derogation. (8) the derogation has no impact on the union's own resources accruing from vat, has adopted this decision: article 1 by way of derogation from article 193 of directive 2006/112/ec, poland is authorised to designate the recipient as the person liable to pay vat in the case of supplies of hard drives such as solid-state drives and hard disk drives. article 2 this decision shall take effect on the date of its notification. this decision shall apply from 1 january 2018 and shall expire on 31 december 2020. article 3 this decision is addressed to the republic of poland. done at luxembourg, 10 october 2017. for the council the president t. t niste (1) oj l 347, 11.12.2006, p. 1.

name: council decision (eu) 2017/1843 of 9 october 2017 appointing a member and three alternate members, proposed by the republic of finland, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2017-10-12 12.10.2017 en official journal of the european union l 262/5 council decision (eu) 2017/1843 of 9 october 2017 appointing a member and three alternate members, proposed by the republic of finland, of the committee of the regions the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 305 thereof, having regard to the proposal of the finnish government, whereas: (1) on 26 january 2015, 5 february 2015 and 23 june 2015, the council adopted decisions (eu) 2015/116 (1), (eu) 2015/190 (2) and (eu) 2015/994 (3) appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020. (2) a member's seat on the committee of the regions has become vacant following the end of the term of office of mr ilpo haalisto. (3) three alternate members' seats on the committee of the regions have become vacant following the end of the terms of office of mr veikko kumpum ki, ms hannele luukkainen and mr antero saksala, has adopted this decision: article 1 the following are hereby appointed to the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: (a) as a member: mr ilpo heltimoinen, lappeenrannan kaupunginvaltuuston j sen, (b) as alternate members: ms terhi koulumies, helsingin kaupunginvaltuuston j sen, mr jari andersson, sastamalan kaupunginvaltuuston j sen, mr mikko aaltonen, tampereen kaupunginvaltuuston j sen. article 2 this decision shall enter into force on the date of its adoption. done at luxembourg, 9 october 2017. for the council the president s. kiisler (1) council decision (eu) 2015/116 of 26 january 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 20, 27.1.2015, p. 42). (2) council decision (eu) 2015/190 of 5 february 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 31, 7.2.2015, p. 25). (3) council decision (eu) 2015/994 of 23 june 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 159, 25.6.2015, p. 70).

name: commission decision (eu) 2017/1797 of 23 may 2017 on the aid schemes sa.42393 (2016/c) (ex 2015/n) implemented by germany for certain end-consumers (reduced chp surcharge) and sa.47887 (2017/n) which germany is planning to implement in order to extend the chp support scheme as regards chp installations used in closed networks (notified under document c(2017) 3400) (text with eea relevance. ) type: decision subject matter: environmental policy; economic policy; competition; europe; building and public works; energy policy; soft energy date published: 2017-10-06 6.10.2017 en official journal of the european union l 258/127 commission decision (eu) 2017/1797 of 23 may 2017 on the aid schemes sa.42393 (2016/c) (ex 2015/n) implemented by germany for certain end-consumers (reduced chp surcharge) and sa.47887 (2017/n) which germany is planning to implement in order to extend the chp support scheme as regards chp installations used in closed networks (notified under document c(2017) 3400) (only the english text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having given notice to the parties concerned to submit their comments (1) and having regard to their comments, having regard also to the treaty on the functioning of the european union, and in particular of article 108(3) thereof, whereas: 1. procedure (1) on 28 august 2015, the german authorities notified to the commission the draft bill on the reform of the combined heat and power generation act (kraft-w rme-kopplungsgesetz, the kwkg 2016, as notified), which was then adopted into law on 21 december 2015. the kwkg 2016 replaced the combined heat and power generation act of 19 march 2002 (the kwkg 2002). (2) by letter dated 24 october 2016 (the opening decision), the commission informed the german authorities that it had approved the support to combined heat and power (chp) installations, storage facilities and district heating/cooling networks granted under the kwkg 2016, as notified, but that it had decided to initiate the procedure laid down in article 108(2) of the treaty in respect of the reductions of the chp surcharge for certain end-consumers granted under the kwkg 2016, as notified. (3) the opening decision was published in the official journal of the european union (2). the commission invited interested parties to submit their comments on the aid measures. (4) the commission received comments from interested parties. it forwarded them to the german authorities, who were given the opportunity to react; their comments were received on 13 january 2017 by letter dated the same day. (5) the german authorities submitted their comments on the opening decision on 10 november 2016. further to requests for information of 6 february 2017, 29 march 2017 and 28 april 2017, they provided additional information on 10 february 2017, 31 march 2017 and 2 may 2017. (6) the german authorities also informed the commission that the provisions governing the chp surcharge and the reductions of the chp surcharge for certain end-consumers which were the object of the formal investigation procedure had been amended by a law of 22 december 2016 amending the provisions on electricity production from cogeneration and autogeneration (gesetz zur nderung der bestimmungen zur stromerzeugung aus kraft-w rme-kopplung und zur eigenerzeugung, the law of 22 december 2016). (7) on 29 march 2017 the german authorities notified to the commission a planned modification of the support to chp installations that the commission had approved on 24 october 2016. the notification of that amendment was registered under sa.47887 (2017/n). on 3 april 2017 the german authorities provided additional information. the preliminary assessment of that amendment pursuant to article 108(3) tfeu and article 4 of council regulation (eu) 2015/1589 (3) is included in the present decision (section 7). (8) on 25 april 2017, in both procedures, the german authorities informed the commission that they exceptionally accept that the decision in both cases sa.42393 and sa.47887 be adopted and notified in the english language. 2. detailed description of the aid measure in respect of which the formal investigation procedure has been opened (reduced chp surcharges) 2.1. presentation of the kwkg 2016: objectives and context (9) the kwkg 2016 (as notified and as amended) aims at improving the energy efficiency of energy production in germany by increasing the net electricity production from chp installations to 110 twh/year by 2020 and to 120 twh/year by 2025, as compared to the current yearly production of 96 twh/year. the german authorities expect that such an increase would contribute to an additional reduction by 4 million tonnes of co2 emissions by 2020 in the electricity sector as in germany electricity from chp installations displaces separated production of heat and electricity by coal-fired power plants. it forms part of the different measures adopted in the framework of the energiewende (energy transition). (10) under the kwkg 2016 aid is granted to new, modernised and retrofitted high-efficiency chp installations (4). also, in order to maintain the current production level of 15 twh/year of existing installations in the district heating sector and possibly bring it back to a previous level of 20 to 22 twh/year, germany grants support to existing gas-fired chp installations in the district heating sector until 2019. the kwkg 2016 further supports new heat/cooling storage facilities or retrofitted storage facilities, as they increase the flexibility of chp facilities, and can therefore help further reducing co2 emissions in the electricity sector. finally, aid can be granted for the construction or expansion of heating/cooling networks given that using chp installations in connection with district heating increases the energy efficiency of the system. all those aid measures were approved by the commission in its opening decision (5). (11) the kwkg 2016, as notified, entered in force on 1 january 2016. it did not suspend the entry into force of the provisions on the surcharge and reductions of the surcharge. the law of 22 december 2016 amends the provisions governing the chp surcharge and the reductions of the chp surcharge for certain end-consumers (the kwkg 2016, as amended) entered into force on 1 january 2017. (12) the kwkg 2002 that the kwkg 2016 has replaced was already pursuing objectives of climate protection, environmental protection and energy efficiency. specifically, it already provided for premium payment to operators of chp installations with the objective of reducing co2 emissions in germany by 10 million in 2005 and at least 20 million in 2010 (compared to 1998). the premium was established by the kwkg 2002 and came on top of the price obtained for the sale of the electricity. the support under the kwkg 2002 was also financed from a surcharge (also designated hereinafter as the chp surcharge) and the kwkg 2002 provided reductions of this surcharge to certain end-consumers. however the kwkg 2002 has not been notified the commission pursuant to article 108(3) tfue. 2.2. the chp surcharges and the reductions for certain end-consumers 2.2.1. normal chp surcharge and reductions for certain end-consumers under the kwkg 2016 (13) the support for chp installations, storage facilities and district heating/cooling networks is financed by a surcharge imposed on electricity that is supplied to end-consumers through the public electricity grid or through a closed distribution network (the chp surcharge). it is collected by network operators as a supplement to network charges. that surcharge is designated as the kwkg-umlage in the kwkg 2016 (see paragraph 26(1) of the kwkg 2016). network operators have to keep separate accounts in respect of the collected chp surcharge (paragraph 26(1) of the kwkg 2016, as notified, and paragraph 26(3) of the kwkg 2016, as amended). (14) the amount of the chp surcharge is calculated each year by the transmission system operators as a uniform rate per kwh supplied to end-consumers connected to the public grid or to closed distribution networks. (15) paragraph 27b of the kwkg 2016, as amended provides that electricity that is stored is subject to the chp surcharge when it is withdrawn from the storage facility and not when it is fed into the storage facility. (16) some categories of end-consumers benefit however from a reduced rate established in accordance with the kwkg 2016. for end-consumers with a yearly consumption of more than 1 gwh (category b end-consumers), the kwkg 2016, as notified, established a maximum chp surcharge of 0,04 eur cent/kwh. the other category of end-consumers benefitting from a reduced chp rate are end-consumers active in the manufacturing sector consuming more than 1 gwh and for which the electricity cost represents more than 4 % of turnover (category c end-consumers). for the latter category of end-consumers, the kwkg 2016, as notified, establishes a maximum chp surcharge of 0,03 eur cent/kwh (paragraph 26(2) of the kwkg 2016, as notified). end-consumers paying the full chp surcharge are called category a end-consumers. (17) the chp surcharge rates (in eur cent/kwh) (6) that were applicable under the kwkg 2016, as notified, for the year 2016 are set out in table 1 below: table 1 chp surcharge rates in 2016 category a category b category c 0,445 0,04 0,03 (18) based on the forecasts (7) made by transmission network operators to determine the chp surcharge in 2016 (8), the german authorities have provided the following figures showing the relative size of each category and the importance of the reductions: table 2 relative share in consumption and in the chp funding by each end-consumer category total cat. a cat. b cat. c forecasted consumption in gwh 485 149 259 748 143 883 81 518 share of total consumption 100 % 53,54 % 29,66 % 16,80 % chp surcharge 2016 (eur cent/kwh), rounded 0,445 0,04 0,03 forecasted chp surcharge (total in million eur) 1 239 1 157 58 24 share of total revenue 100 % 93 % 5 % 2 % notional (9) chp surcharge 2016 (eur cent/kwh), rounded 0,255 difference compared to notional chp surcharge 0,19 (10) 0,215 (11) 0,225 (12) advantage (in million eur) rounded 494 310 184 (19) reductions of the chp surcharge were introduced by the kwkg 2002. for end-consumers with a yearly consumption of more than 100 000 kwh (category b end-consumers), the kwkg 2002 established a maximum chp surcharge of 0,05 eur ct/kwh. for end-consumers active in the manufacturing sector consuming more than 100 000 kwh and for which the electricity cost represents more than 4 % of turnover (category c end-consumers), the kwkg 2002 established a maximum chp surcharge of 0,025 eur ct/kwh. 2.2.2. the chp surcharge and the reductions under the kwkg 2016 as amended on 22 december 2016 (20) the german authorities indicated that as of 1 january 2017 the reductions would be granted only to electro-intensive users that are eligible for reductions of the eeg surcharge (i.e. the surcharge that is levied in germany on electricity in order to finance the support to renewables under the eeg act) on the basis of paragraph 63(1) of the renewable energy sources act (erneuerbare-energien-gesetz, eeg 2014 (13)) read in conjunction with paragraph 64 of the eeg (see paragraph 27a of the kwkg 2016, as amended). that requirement implies that: (a) the undertaking must belong to one of the sectors listed in annex 4 to the eeg; (b) the electricity that is subject to the eeg surcharge and that has been used by the undertaking itself was at least 1 gwh in the last financial year at the consumption point concerned; (c) the undertaking concerned can be classified at the consumption point concerned in one of the sectors of annex 4 to the eeg; (d) the electro-intensity of the undertaking reaches: 14 % for undertakings of list 1 of annex 4 to the eeg, 20 % for undertakings of list 2 of annex 4 to the eeg; (e) the undertaking must have a certified energy or environmental management system in place. if it consumes less than 5 gwh, it can use alternative systems of improvement of the energy-efficiency. (f) the electro-intensity of the undertaking is calculated as the ratio between the electricity costs and the arithmetic mean of the gross added value (the gva) over the 3 last closed accounting years. the relevant electricity costs correspond to the undertaking's assumed electricity consumption multiplied by the assumed electricity price. the assumed electricity consumption corresponds to the arithmetic mean over the last 3 closed accounting years (14). the assumed electricity price corresponds to the average retail electricity price applying to undertakings with a similar level of electricity consumption. (21) for an undertaking fulfilling those conditions, the chp surcharge is capped as follows: (a) consumption up to 1 gwh: no cap full chp surcharge; (b) for the rest of the consumption: 15 % of the full chp surcharge. (22) however, the total amount of the surcharge is limited for all consumption points benefitting from a reduction to the following percentages applied to the arithmetic mean of the gva of the undertaking over the last 3 closed accounting years to: (a) 0,5 % of the gva for undertakings reaching at least 20 % of electro-intensity; (b) 4 % of the gva for undertakings having an electro-intensity below 20 %. (23) in any event, the reduction of the chp surcharge resulting from the caps may not result in an amount that is lower than 0,03 eur ct/kwh for the electricity above 1 gwh. (24) for the year 2017, the amended kwkg 2016 establishes the level of the full chp surcharge at 0,438 eur ct/kwh (paragraph 37 of the kwkg 2016, as amended). 2.2.3. the adjustment plan (25) the german authorities have indicated the following chp surcharge rates for the period 2011-2016: full rate (in eur ct/kwh) cat. b end-consumers cat. c end-consumers (in eur ct/kwh) % of full rate (in eur ct/kwh) % of full rate 2011 0,03 0,03 100 0,025 83 2012 0,002 0,05 2 500 0,025 1 250 2013 0,126 0,06 48 0,025 20 2014 0,178 0,055 31 0,025 14 2015 0,254 0,051 20 0,025 10 2016 0,445 0,04 9 0,03 7 (26) the german authorities explained that the surcharge being established based on the estimated financing needs for the support and with a correction mechanism when estimates had been too high (or too low), the surcharge for category a end-consumers has sometimes been very low, either because the estimated support was low in a given year or because of corrections for previous years in which the surcharge had been too high. this was for instance the case in 2012 where the chp surcharge was low because of a correction due to the 2009 chp surcharge which proved to be too high compared to real figures. by contrast the surcharge for category c end-consumers remained fixed, representing therefore in 2012 a higher percentage of the normal surcharge. (27) the german authorities presented an adjustment plan for end-consumers of categories b and c. this plan aims at bringing progressively the chp surcharges paid by the categories b and c end-consumers to a level of 100 % in the case of non-electro-intensive users and to a level of 15 % of the full chp surcharge in the case of electro-intensive users by 2019. (28) the adjustment plan starts in 2011. given that the surcharges paid by category b or category c end-consumers represented in total for 2011 and 2012 more than 100 % of the normal surcharge, the adjustment plan applies to non-electro-intensive users only as of 2013. category b consumers actually paid for 2013-2016 in total more than what the adjustment plan requires (21 % instead of up to 12,5 %), they will thus in practice have to be adjusted as of 2017 only. category c consumers will be adjusted as of 2016 because for the period 2013-2015 they paid in total more than what the adjustment plan required (13 % instead of up to 12,5 %). (29) as for electro-intensive users, they paid in total for the period 2011 to 2016 15 % of the chp surcharge. the adjustment plan will in practice apply to them as of 2017. (30) for the years 2017 and 2018 the adjustment plan is based on the rule that the surcharge represents double the surcharge of the previous year, i.e. the surcharge will amount to 0,060 eur ct/kwh or 0,080 eur ct/kwh in 2017, depending on the end-consumers belonging to category b or c and 0,120 eur ct/kwh or 0,160 eur ct/kwh in 2018, depending on the end-consumers belonging to category b or c. in 2019, they will pay 100 % of the surcharge. however, for electro-intensive users, the chp surcharge will be capped at 15 % of the full chp surcharge. (31) the adjustment plans follows the following path: (%) cat. b end-consumers (non-electro-intensive) cat. c end-consumers (non-electro-intensive) electro-intensive user 2011 7 7 7 2012 8,1 8,1 8,1 2013 9,2 9,2 9,2 2014 10,3 10,3 10,3 2015 11,4 11,4 11,4 2016 12,5 12,5 (0,056 eur ct/kwh) 12,5 2017 18,3 (0,08 eur ct/kwh) 13,7 (0,06 eur ct/kwh) 13,7 (0,06 eur ct/kwh) if former category c end-consumer and 15 if former category b end-consumer. 2018 36,5 (0,16 eur ct/kwh) 27,4 (0,12 eur ct/kwh) 15 2019 100 100 15 (32) in case that the chp surcharge paid in the past was lower than the level set in the adjustment plan, the beneficiaries will be requested to pay the difference. (33) this is the case for non-electro-intensive users belonging to category c. for 2016 they will be requested to pay additional 0,026 eur ct/kwh given that they paid 0,03 eur ct/kwh while they should have paid 0,056 eur ct/kwh according to the adjustment plan (see paragraph 36 of the kwkg 2016, as amended). this amount will be included in the final bill for 2016. however, the undertaking will not have to pay the additional 0,026 eur ct/kwh if the total value of the reductions for the period 2014-2016 does not exceed eur 160 000. germany indicated that this threshold ensures that the reductions do not fulfil all criteria of the state aid within the meaning of the regulation adopted pursuant to article 2 of the council regulation (ec) no 994/98 (15) (de minimis). (34) the adjustment plan has been enacted as from 2016 in the law of 22 december 2016 (paragraph 36 of the kwkg 2016, as amended). 2.3. further details on the establishment and collection of the chp surcharge (35) in order to make sure that each network operator is compensated for the extra costs resulting from his compensation obligation, the kwkg 2016 organises a system by which the burden resulting from the purchase and compensation obligations is spread evenly between transmission network operators in proportion to the consumption of end-consumers connected to their network or the distribution networks connected to their transmission networks and then compensated entirely to them through the chp surcharge which is proportionate to the consumption in their respective network, as well (paragraphs 26-28 of the kwkg 2016, as notified and paragraph 29 of the kwkg 2016, as amended). that system can be summarised as follows: (a) network operators collect the chp surcharge from end-consumers connected to their grid; (b) all distribution network operators can require full compensation of the extra-costs (resulting from their obligation to pay premiums to chp-installations connected to their grid, see recital 65 of the opening decision) from their respective transmission network operator; the burden is thus transferred to the transmission network operators; (c) transmission network operators balance the financial burden out between themselves in such a way that each of them bears the same burden in proportion to the consumption of end-consumers (directly or indirectly) connected to their grid; then (d) transmission network operators obtain compensation from the distribution network operators so that each network operator bears the same burden in proportion to the consumption of end-consumers connected to their respective distribution networks and in proportion to the chp surcharge collected. in concrete terms, that implies that distribution network operators transfer the monies collected from the chp surcharge to their respective transmission system operator (given that they already also transferred the entire financial burden to them under step b above) (16). (36) that system is maintained under the kwkg 2016, as amended; it is however spelled out in greater detail and in a clearer way in the kwkg 2016, as amended. there is one change in respect of how the chp surcharge is collected from beneficiaries: following the amendments introduced by the law of 22 december 2016, the reduced chp surcharge that electro-intensive users pay is collected directly by the transmission system operators (paragraph 27(2) of the kwkg 2016, as amended). (37) as already described in the opening decision (recital 79), the kwkg 2016, as notified, establishes the methodology to be used by transmission network operators to calculate the chp surcharge. the level of the chp surcharge is on the one hand a function of the projected aid amount and the projected supplies of electricity to the end-consumers connected to the public grid and the closed distribution networks. on the other hand it will take into account corrections for preceding years and reductions for certain categories of end-consumers. the law also sets a yearly limit to the budget of the scheme and hence the total chp surcharge (paragraph 29 of the kwkg 2016, as notified). (38) this methodology is maintained in the kwkg 2016 as amended (paragraph 26a of the kwkg 2016, as amended). for 2017, though, the kwkg 2016, as amended, deviates from this methodology and sets the level of the normal chp surcharge rate directly in the law (at 0,438 eur ct/kwh, see paragraph 37(1) of the kwkg 2016, as amended). 2.4. duration (39) the german authorities committed to renotify the reductions of the chp surcharge at the latest 10 years from the date of adoption of the final commission decision. 2.5. recipient(s) (40) before the amendments made by the law of 22 december 2016, there were two categories of beneficiaries of reductions. (41) on the one hand, recipients were so-called category b end-consumers, i.e. end-consumers with a yearly consumption of more than 1 gwh (see also recital 15 above). the german authorities submitted that they do not possess exact information on the sectors in which beneficiaries of category b would be active but indicated that companies of the manufacturing sectors generally had consumption above 1 gwh with the exception of 17 sectors in which average consumption is below 1 gwh/a listed in table 23 to the opening decision. (42) also, the information provided during the preliminary investigation phase showed that undertakings active in the service sectors have generally consumption levels below 1 gwh with the exception of a few sectors like hospital care and hotels (see tables 6 and 7 of the opening decision and recital 127 of the opening decision). (43) on the other hand, before the amendments made by the law of 22 december 2016, the second category of beneficiaries of reductions were so-called category c end-consumers, i.e. end-consumers active in the manufacturing sector and consuming more than 1 gwh and for which the electricity cost represents more than 4 % of turnover. (44) the german authorities did not provide detailed information on the sectors or types of undertakings that would comply with those conditions but indicated that most of them would qualify as electro-intensive users within the meaning of the besondere ausgleichregelung under the eeg (the besar). (45) after the amendments introduced by the law of 22 december 2016, beneficiaries of reductions will be electro-intensive users fulfilling the criteria described under recital 20 above. that is, electro-intensive users within the meaning of the besar. in that connection, the german authorities had indicated during the preliminary investigation phase that companies benefitting from reduced eeg surcharges and included in the besar were mainly active in the sectors set out in table 3 below. table 3 overview of the sectors of the besar economic activities [wz 2008] number of delivery points privileged electricity [gwh] 0800 mining and quarrying except energy producing materials 171 516 1000 manufacture of food products 414 3 754 1100 manufacture of beverages 38 364 1300 manufacture of textiles 63 687 1600 manufacture of wood and of products of wood and cork, except furniture; etc. 142 3 038 1700 manufacture of pulp, paper and paper products 118 11 843 1800 manufacture of paper and paper products etc. 28 353 1900 manufacture of coke and refined petroleum products 15 [ ] (*1) 2000 manufacture of chemicals and chemical products 283 28 421 2200 manufacture of rubber and plastic products 351 3 984 2300 manufacture of glass and glass products, ceramic, etc. 285 7 550 2400 manufacture of basic metals 280 24 351 2500 manufacture of fabricated metal products, except machinery and equipment 205 1 453 2600 manufacturing of computers, etc. 21 337 2700 manufacture of electrical equipment 26 799 2800 machinery 21 474 2900 manufacture of motor vehicles, trailers and semi-trailers 30 320 3100 manufacture of furniture 5 [ ] (*1) 3800 waste collection, treatment and disposal activities; etc. 90 544 4900 land transport and transport via pipeline services 130 12 443 aid to other sectors 61 1 624 total 2 777 105 935 (46) the german authorities also indicated that the beneficiaries would amount under the new reduction regime to around 2 000 manufacturing companies with an estimated total yearly electricity consumption of around 100 twh. 2.6. objective of reduced chp surcharges (47) the german authorities have explained that in their views the reductions are needed in order to maintain the chp support as that support is only possible if the levies do not jeopardise the competitiveness of the companies concerned. the german authorities fear that the full surcharge could in the medium term lead to an important reduction of investments and a weakening of the value chains in germany and add that without the reductions the chp support as well as the related objective of energy efficiency and reduced co2 emissions would not be accepted anymore. (48) the german authorities finally stressed that the burden of the chp surcharge adds to the burden already resulting from the eeg surcharge, which is also aimed at providing sufficient financial resource to finance support to renewable energy, the latter being a policy that is like chp support aiming at decarbonisation of electricity production in germany. 2.7. grounds for initiating the procedure (49) in its opening decision the commission acknowledged the similarities between the chp support and renewable support and the similarities between chp surcharges and renewable surcharges. it acknowledged that there might be reasons to finance chp support from electricity surcharges and that in order to ensure a regular but also sustainable financing source for the support and thus maintain the ambitious climate change objectives pursued with chp support, reductions for certain end-consumers might be needed. however, the commission had doubts as to proportionality and necessity of the aid measures and hence the distortion of competition. (50) the commission also indicated that it would use the eligibility and proportionality criteria of recitals 185 to 192 of the guidelines on state aid for environmental protection and energy 2014-2020 (17) (the eeag) as guidance and observed in this respect that the reductions granted by germany were not limited to the same categories of users, in particular the reductions did not seem to be limited to undertakings that would be electro-intensive and facing international competition (and hence not being able to pass on their costs to customers). (51) the commission therefore opened the formal investigation procedure. 3. comments from interested parties as regards the reduced chp surcharge 3.1. comments from bv glas (52) the commission received comments from bv glas, the trade association of the german glass industry. bv glas indicates that the glass industry employs directly 53 000 people in germany, has a turnover of eur 9,2 billion (2015), that the sector has a high exposure to trade and that most of the glass-making companies qualify as category c end-consumers. (53) bv glas submits that the measure does not qualify as state aid given that it does not involve financial flows from the state budget. it does not provide any details in support of this view but merely observes that the chp surcharge is similar to the eeg surcharge which it also considers as not qualifying as a state resource and refers to the comments it sent to the commission in the framework of procedure sa.33995 (2013/c) (18). it also considers that the measure does not provide for an advantage, is not selective and has no impact on trade and competition without further explanations. (54) bv glas further considers that the reductions granted to categories b and c end-consumers are compatible with the internal market as they are necessary to secure the energiewende in germany and the related climate protection objectives. without the reductions the climate change objective pursued by the support measures financed from the surcharge would be put at risk: on the one hand without reductions, the chp surcharge is unsustainable for the sectors concerned. it would result in so many job losses that the chp support policy (and ambitious climate change goals) would need to be abandoned; in addition, the industry would likely move towards countries with less ambitious climate policies. the proportionality of the measure results from the fact that concerned beneficiaries still pay a certain share of the chp surcharge. (55) in particular for the glass industry, the disappearance of chp surcharges would imply a 17-fold increase of the surcharge which would add on to the energy tax, the eeg surcharge and increased network charges resulting from an increased renewable share in production mix. in this respect bv glas underlines that investments in the glass industry in germany are decreasing, which is due to high energy surcharges. bv glas further points to value chains linked to the glass industry; they would also disappear if the glass industry were to delocalise. (56) bv glas also considers that the limitation of category c reductions to end-consumers active in the manufacturing sector is not discriminatory and also within the logic of the system because the manufacturing sector is generally a price taker contrary to service providers, faces intense international competition and cannot pass on costs to customers. bv glas further submits that the service sector generally has lower co2 emissions and delocalisation of service activities would not imply risks of carbon leakage; also, they would generally relocate to another member state and not outside the union. (57) bv glas also explains that the glass industry has already reached a high degree of energy efficiency and that an increased charge rate would not incentivise further reductions. bv glas further explains that electro-intensive users are constantly incentivised to improve energy-efficiency given the high share that energy prices represent in total production costs (often between 20 % and 50 %). it has also underlined that the german glass industry continuously improved its energy efficiency rate over the years and that the german glass industry is taking part in several initiatives aimed at improving energy efficiency. it is also part of an agreement (through the bdi) by which the industry has committed to improve energy efficiency by 1,35 % per year. (58) finally, bv glas considers that legitimate expectations prevent recovery in the present case given that the commission concluded in a 2002 decision that a previous version of the kwkg did not constitute aid. 3.2. trimet (59) the commission also obtained a short letter from trimet in which trimet views the reductions as necessary as the full surcharge would represent an amount of around eur [ ] (*2) and would thereby eat up a large part of the group result. trimet indicated that it was in favour of limiting the reductions to electro-intensive users eligible for reductions of the eeg surcharge under the besar. 4. comments submitted by the german authorities after the opening decision as regards the reduced chp surcharge (60) the german authorities consider that opening the formal investigation procedure was unjustified because it demonstrated during the preliminary investigation phase that the reductions are necessary and proportionate. it does not provide any additional elements on this point but indicates that the reduction system was amended and that the reductions are now granted to electro-intensive users only that are facing international competition. (61) the german authorities stress that the new reduction system introduced by the law of 22 december 2016 is entirely built on the eligibility and proportionality criteria used for granting reductions of the eeg surcharge under the besar that the commission approved in case sa.38632 (2014/n) germany eeg 2014 reform of the renewable energy law. (62) the german authorities further explain that the objective of the chp surcharge is to contribute to the common aim of energy efficiency and environmental protection. they admit that reductions of electricity prices in general could in theory reduce the incentive to save electricity but that this is not the case here because for electro-intensive users the electricity price in itself is a sufficient incentive to become more energy-efficient. even a reduced chp surcharge increases the electricity costs of those companies and the incentive to become more energy-efficient. (63) the german authorities give the example of a company with a total yearly energy consumption of 10 gwh that has a saving potential of 1 gwh. the potential savings would amount to eur 112 000 if the full chp surcharge was paid. with a reduced chp surcharge savings would still amount to eur 109 000 (19). the german authorities underline that the example shows that electricity savings pay off also with chp surcharge reduction. additionally, beneficiaries generally use a certified energy management system. with rising awareness the likelihood that companies will identify and implement energy efficiency measures will therefore potentially increase. moreover, due to the parallelism between the reduction schemes of chp surcharge and eeg surcharge, the incentives for energy-efficiency would be increased further by the eeg surcharge. (64) the german authorities stress that the new system of reductions introduced by the law of 22 december 2016 targets electro-intensive users subject to international competition i.e. the ones at threat of bankruptcy or delocalisation if they would have to bear the full chp surcharge but that those companies will nevertheless still contribute to financing the support (in principle 15 % of the surcharge unless the surcharge reaches a certain level of gva). (65) the german authorities note that the reductions have a limited impact as the chp surcharge in relative terms is not so high. in any event negative impacts would be outweighed by positive impact. (66) also, based on the data available for companies eligible to a reduced eeg surcharge, the german authorities simulated that the full chp surcharge would amount to 0,255 eur cent/kwh if no reductions were to apply (notional chp surcharge in the table below) and that this surcharge rate would still represent between 1 and 9 % of gva for a sample of around 100 companies eligible to reduced eeg levies and having a consumption above 1 gwh. it provided updated figures during the formal investigation showing that for the 20 first eligible companies to the besar (in terms of consumption), the notional chp surcharge would represent between 0,8 and 6 % (based on 2015 figures) of the companies' gva and the full chp surcharge (amounting to 0,445 eur ct/kwh) would represent between 1 % and 11 % of gva. (67) it also submitted the following simulation to illustrate the possible impact of a full surcharge on companies: table 4 simulation of the impact of a full surcharge notional chp surcharge surcharge under the chp law 2016 end-consumer consumption (gwh) burden w/out privilege (gwh) burden under the chp law kwkg 2016 (eur) increase in burden by factor cat b 0,255 0,04 industry 1 10 0,0255 8 050 3,17 industry 2 100 0,255 44 050 5,79 cat c 0,255 0,03 industry 3 1 000 2,55 304 150 8,38 (68) germany finally stressed that the burden of the chp surcharge adds to the burden already resulting from the eeg surcharge. 5. detailed description of the notified aid scheme subject to preliminary examination (sa.47887) (69) the support to new chp installations with installed capacity between 1 and 50 mwel that was notified by the german authorities as sa.42393 (2015/n) and approved by the opening decision is to be granted as of the winter 2017/2018 to operators selected in tenders (see recital 91 of the opening decision). participation in those tenders was to be subject to the condition that the entire electricity produced in the chp installation is injected into the public grid and that if the electricity produced by the chp installation is directly consumed by the owner of the chp installation or is injected into a closed distribution network without being first injected into the public grid, the installation concerned would not be eligible to participate in the tender. the german authorities had indicated that without that exclusion a level playing field in the tender would not have been ensured. it explained that given that self-consumed chp electricity is eligible for a reduced eeg surcharge chp installations used for self-consumption would have had a systematic advantage over chp installations feeding electricity into the grid (see recital 94 of opening decision). (70) on 29 march 2017, the german authorities informed the commission that they were considering using the empowerment laid down in paragraph 33a(2)(b)(bb) of the kwkg 2016, as amended, to allow the participation in tenders of chp installations whose electricity is injected into a closed distribution network instead of being injected in the public grid. chp installations used for autoconsumption would however remain ineligible for participation in the tenders support and are not concerned by the notified amendment. (71) concerning chp installations used in closed distribution networks, the german authorities explained that the exclusion had initially been based on the following assumptions: when the production and the consumption occurs in the same closed network, network charges can be lower compared to a constellation where all the consumption is produced by chp installations outside the closed distribution network. this can in certain circumstances allow the operator of the chp installation in the closed distribution network to obtain a better price for the electricity produced compared to an operator injecting electricity into the public grid. in a tender in which operators compete for a fixed premium that will be paid on top of the market price, operators of chp installations to be used in closed distribution networks could have benefitted from a competitive advantage and if that competitive advantage had been systematic and significant, it would have allowed those operators to bid strategically above their costs and this would have resulted in overcompensation. the german authorities added that the above mentioned effect could also be possible outside closed distribution networks but that an advantage for the operator of a chp installation is only feasible if only a few end-consumers are connected to the same grid. therefore in a public grid, the effect does generally not lead to a distortion of competition. (72) however, after having conducted a more detailed study of the issue, the german authorities have observed that closed distribution networks come in different constellations and that generally network charges are not saved or the savings are rather low and the risks of strategic bidding mentioned in recital 71 above is much lower than assumed. that conclusion results from a number of observations that the german authorities could make in the meantime. (73) first, for the strategic bidding to materialise, the chp installation would need to obtain a much better price for the electricity produced, which implies that the saving of network charges has to be substantial. for a measurable effect, the production would need to be sold for a high share to local consumption. otherwise there would be no potential to obtain better prices. (74) secondly, the beneficiaries of lower network charges are all the end-consumers in the closed distribution network, regardless if they conclude an energy supply contract with the chp operator or not. therefore the chp operator would have to make contracts with all or at least with the majority of the end-consumers. if there are many end-consumers connected to the closed distribution network, free rider behavior is likely to be the result. the end-consumers would not be willing to pay the chp operator higher prices as network charges would be lower anyway. as chp installations are long-term assets, the operator furthermore would have to make sure to have long term contracts with the majority of the end-consumers connected to the closed distribution network, which again reduces the possibility to obtain (much) higher prices from the end-consumers. (75) thirdly, end-consumers in closed distribution networks are often industrial users who are entitled to reduced network fees because of different exemptions in paragraph 19 of the electricity network fee regulation (stromnetzentgeltverordnung). as the reductions are based on the stable or specific consumption profile of the end-consumers concerned and not to the fact that the network is a closed distribution network, there is only little or no margin for significant reductions of network fees which could be used to negotiate higher prices. (76) as a result, the german authorities observed that the supposed competitive advantage was not necessarily significant and would also not be systematic so that the strategic bidding risk would also be much lower than initially feared (if existing at all). the german authorities are therefore contemplating to allow the participation of chp installations producing electricity that is injected into a closed distribution network to the tenders without any further changes in the tender design. if however further enquiries during the ongoing legislative procedure show that there remains a distortion of competition and that specific measures in the tender design are needed, the german authorities committed to notify these effects and any countermeasures to the commission. in any event, the german authorities committed to include into the evaluation of the chp support scheme also the participation of chp installations producing electricity that is injected into closed distribution networks. (77) the german authorities confirmed that the chp installations concerned are the chp installations described under recitals 23 and 63 of the opening decision and for which the german authorities had provide the following lcoe calculations. table 5 lcoe calculations for projects implemented by contractors, outside the besar, larger than 100 kwel, over 15 years (2016-2030) up to 10 mw and over 20 years (2016 to 2035) above 10 mw, discount rate 30 % per year in eur cents/kwh (2013 values) sector in which the client of the contractor is active manufacture of automotive components automobile manufacturer automobile manufacturer automobile manufacturer automobile manufacturer automobile manufacturer installation type bhkw 5 bhkw 5 dt 1 gt 1 bhkw 6 gud 1 el. capacity 2 000 kw 2 000 kw 5 000 kw 10 000 kw 10 000 kw 20 000 kw full-load hours 4 500 h/a 8 000 h/a 5 500 h/a 5 500 h/a 5 500 h/a 5 000 h/a self-consumption rate 50 % 100 % 100 % 100 % 100 % 80 % lcoe 10,42 7,22 12,13 8,42 8,49 11,56 average market price 6,77 6,25 6,25 6,25 6,25 5,87 difference between lcoe and market price 3,65 0,97 5,88 2,17 2,24 5,7 (78) like the other chp-installations that can take part in the tenders, they will have to be high-efficiency chp installations to be eligible. (79) the aid to the chp installations selected in the tender will be granted as premium on top of the market price during 30 000 full load operating hours. no premium will be paid when the value of hour contracts is null or negative on the spot exchange (day ahead) for germany (paragraph 7(8) kwkg 2016 as notified, paragraph 7(7) of the kwkg 2016, as amended). the electricity generated during this period is not taken into account for the calculation of the number of full load hours during which support can be granted. also the chp operator is responsible for balancing. 6. assessment of the reductions of the chp surcharge 6.1. existence of state aid within the meaning of article 107(1) of the treaty (80) pursuant to article 107(1) of the treaty, save as otherwise provided in the treaties, any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between member states, be incompatible with the internal market. (81) in determining whether a measure constitutes state aid within the meaning of article 107(1) of the treaty, the commission has to assess whether the measure: (a) confers an advantage on certain undertakings or certain sectors (selective advantage); (b) is imputable to the state and involve state resources; (c) distorts or threatens to distort competition; (d) is liable to affect trade between member states. 6.1.1. selective advantage (82) as recalled by the court in its judgment of 21 december 2016 in the joined cases commission v world duty free group and commission v banco santander and santusa (20), for establishing the selectivity of a tax measure or a levy, it is necessary to determine whether that measure introduces, between operators that are, in the light of the objective pursued by the general tax system concerned, in a comparable factual and legal situation, a distinction that is not justified by the nature and general structure of that system. (83) in its opening decision the commission had found that in principle the chp surcharge is to be paid on each kwh supplied to end-consumers through the public grid or the closed distribution network operated by the respective network operators. that surcharge is a uniform surcharge by kwh. as described under sections 2.2.1 and 2.3 above, the system for determining the surcharge remained basically unchanged under the kwkg 2016, as amended and remains based on the principle of a uniform chp surcharge. the normal chp surcharge amounted to 0,445 eur ct/kwh in 2016 and amounts to 0,438 eur ct/kwh in 2017. (84) hence, by limiting the chp surcharge respectively to 0,04 eur cent/kwh and to 0,03 eur cent/kwh, the kwkg 2016, as notified, reduces the chp surcharge of companies qualifying as category b or c end-consumers and thus relieves them from a burden which they would normally have to bear. also, by limiting the chp surcharge respectively to 0,056 eur ct/kwh in 2016, to 0,06 and 0,08 eur ct/kwh in 2017 and to 0,12 eur ct/kwh and 0,16 eur ct/kwh in 2018 the kwkg 2016, as amended, reduces the financial burden for undertakings qualifying as category b or c end-consumers and thus relieves them from a burden which they would normally have to bear. also by limiting the chp surcharge to 15 % of the full surcharge (and to 0,5 % or 4 % of their gva) for the electro-intensive users fulfilling the conditions set out in recital 20 above the kwkg 2016, as amended, reduces the financial burden for undertakings qualifying as category b or c end-consumers and thus relieves them from a burden which they would normally have to bear. such a reduction constitutes an advantage (21). (85) the advantage is also selective. indeed, as far as category c is concerned, the reduction is limited to the manufacturing sector only. within this sector, the reduction is further granted only to companies having an annual consumption of more than 1 gwh and having electricity costs that represent more than 4 % of their turnover (which excludes further manufacturing sectors as they typically do not reach those values, see recital 127 of the opening decision). the same observation applies to the reductions granted to electro-intensive users fulfilling the conditions set out in recital 20 above. the reductions are selective given that they are granted to undertakings active in specific sectors only and within the sector the reductions are granted only to undertakings reaching 1 gwh of consumption at a given consumption point and when they reach a certain electro-intensity threshold. (86) as to category b, the advantage is limited to undertakings reaching an annual consumption level of 1 gwh. the commission notes further that although category b seems open to all sectors, the 1 gwh threshold de facto excludes several sectors and undertakings of the economy which typically never reach that consumption threshold. (87) however, in the light of the objective pursued by the surcharge (contribute to the chp support), end-consumers of categories b or c and electro-intensive users are in a comparable legal and factual situation. in particular, those end-consumers consume electricity injected into the public grid or closed network as the end-consumers of category a. they benefit also similarly to end-consumers of category a from the lower level of co2 emissions due to high energy efficient chp support financed by the chp surcharge. (88) the german authorities did not submit any comments on the selectivity of the measure. (89) bv glas seems to argue that the fact that the reductions are limited to the manufacturing sector would be in the logic of the system because undertakings active in the manufacturing sectors are generally price takers and cannot pass on their extra costs to customers while service sectors would generally pass on surcharges to customers. (90) the commission notes first that when the commission has established that a given measure creates differences between undertakings which, with regard to the objective of the measure in question, are in a comparable factual and legal situation, it is for the member state which has introduced such a differentiation between undertakings in relation to charges to show that it is actually justified by the nature and general scheme of the system in question (22). the german authorities have not claimed that the reductions would be in the nature and general scheme of the chp surcharge. in particular, it has not claimed that the chp surcharge would rest on the principle that the chp surcharge is imposed on undertakings only if they can pass on their extra costs to their customers. in addition, the eligibility conditions do not support the unsubstantiated assumption that the normal charge system of the chp surcharge rests on the principle that the chp surcharge is imposed on undertakings only if they can pass on their extra costs to their customers. (91) first, eligibility for reductions under the kwkg 2016, as notified does not depend on the undertakings demonstrating that they cannot pass on their extra costs to their customers. second, no elements have been provided demonstrating that all sectors and undertakings benefitting from the category b and c reductions de facto cannot pass on their extra costs and that those excluded from the reductions can all pass on their extra costs. third, bv glas's arguments that it is normal that the reductions would be limited to undertakings active in the manufacturing sector is at odds with reductions granted to category b end-consumers: they can be active in the service sector and do not need to be electro-intensive. as to the kwkg 2016, as amended, the german authorities did not submit that the chp surcharge was based on the ability of end-consumers to pass on costs. also, the inability to pass on costs is not a formal eligibility condition for the reductions. (92) the commission therefore concludes that the reductions cannot be viewed as within the logic of the chp surcharge system and maintains its conclusion that the reductions under examination constitute a selective advantage for the beneficiaries of the reductions. (93) the german authorities have also introduced paragraph 27b in the kwkg 2016, as amended, which provides that electricity that is stored is subject to the chp surcharge when it is withdrawn from the storage facility and not when it is fed into the storage facility. the commission considers that that provision is in the nature and general scheme of the chp surcharge (and thus does not constitute a selective advantage): it aims at avoiding double taxation, a principle that is generally applied in tax or levy systems. that provision is in line with the principle that the surcharge is due when electricity is taken from the grid and consumed. germany has explained that electricity that is stored in the storage facility has however not yet been consumed. the commission therefore considers that the exemption provided under paragraph 27b in the kwkg 2016, as amended, is not selective. 6.1.2. state resources and imputability (94) the commission found in its opening decision that the reductions were imputable to the state as all reductions were granted by law (kwkg 2016) and were thus imputable to the state. in addition, the commission observed that the bafa (i.e. the federal office for economic affairs and export control, a higher federal authority subordinated to the federal ministry for economic affairs and energy) is in charge of verifying that only eligible operators obtain the support. (95) the commission further found in its opening decision that the reductions were financed from state resources. (96) in that respect, the commission first observed that in order to finance the chp support, germany introduced a special surcharge, the chp surcharge (see paragraph 26 of the kwkg 2016, as notified, and paragraph 26 of the kwkg 2016, as amended, establishing the chp surcharge and giving the right to network operators to impose the chp surcharge on end-consumers), and defined its purpose (i.e. the financing of state policies in the energy field: chp-support and the investment subsidies for storage and district heating/cooling networks) and the methodology to determine its amount, which for some categories of end-consumers is set directly by the state (category b and category c end-consumers and electro-intensive users). also, deficits and surpluses of the collected chp surcharge (in comparison to the support needed) are corrected in the following year, thereby ensuring that network operators are entirely compensated for the extra costs resulting from their obligation to pay the support, but also implying that they cannot use the revenue from the surcharge for anything else than the financing of the support of chp electricity, heating and cooling storage, and district heating/cooling. on that basis, the commission concluded that, like in the case giving rise to the judgment of 19 december 2013 in the case association vent de col re! (23), the state had, within the framework of the kwkg 2016, created a system where the costs incurred by the network operators in connection to the support of chp electricity, storage facilities and district heating/cooling networks are fully compensated by the chp surcharge imposed on electricity end-consumers. that circumstance distinguishes the present case from the case giving rise to the judgment of 13 march 2001 in the case preussenelektra (24), as in the latter case the electricity suppliers had to finance the additional costs from their own means. in addition, neither the chp support granted to generators of chp electricity nor the investment subsidies granted to operators of district heating and cooling networks and of storage facilities constitute prices or fees for goods or services. indeed, the chp support is paid by the network operators to operators of chp installations although the electricity is not sold to the network operators but to third parties; in certain cases, it is even consumed by the operator of the chp installation itself. also, as far as the district heating/cooling networks and the storage facilities are concerned, they remain in the ownership of the operator asking for the subsidy and the payment of the subsidy does not entitle the electricity network operators to any right in respect of the district heating/cooling networks and storage facilities concerned (on the support to district heating/cooling networks and the storage facilities, see recitals 33 to 45 of the opening decision). (97) the commission further noted in the opening decision that transmission network operators play a special role in the system. they have been entrusted with the calculation of the chp surcharge based on the methodology set out in the kwkg 2016 and manage the financial flows of the chp surcharge. the financial burden resulting from the support to chp, district heating network and heating systems is entirely transferred to them; they then have to ensure that the financial burden is equally spread between transmission network operators (in proportion to category a, b and c end-consumers connected to their grid) and they are being transferred the chp surcharge from distribution network operators to compensate them for the financial burden resulting from the support. they also have to warn the bafa in case the budget would be exceeded. in that regard they display similarities with the situation of the samenwerkende elektriciteits-produktiebedrijven nv in the case giving rise to the judgment of 17 july 2008 in the case essent network noord (25) and with that of the transmission system operators in the case giving rise to the judgment of 10 may 2016 in the case germany v commission (eeg 2012) (26). (98) furthermore, the commission had also found in its opening decision that the following elements confirmed that the chp surcharge is under state control: the chp surcharge has to be placed on a separate account so that the regulator can verify the absence of cross-subsidies between the various activities of the network operators. in addition, the law requires that the invoicing between transmission network operators be controlled by an auditor or a chartered accountant. finally, the law also limits the total budget of the measure and the total amount of the surcharge. when there is a risk that the budget would be exceeded, transmission network operators have to warn the bafa which will then calculate new but reduced support rates to ensure that the budget is not exceeded. this is a further confirmation that the chp surcharge constitutes a resource under the control of the state. (99) the german authorities did not submit any comments on this point. bv glas has commented that the measure does not constitute state aid because it is not burdening the state budget. however, the commission notes in this respect that according to settled case law, resources do not need to transit through the state budget to be considered as state resources. it is sufficient that they remain under public control (27). indeed, advantages which are granted directly or indirectly through state resources are to be regarded as aid within the meaning of article 107(1) of the treaty. the distinction between aid granted by the state and aid granted through state resources serves to bring within the definition of aid not only aid granted directly by the state, but also aid granted by public or private bodies designated or established by the state (28). (100) based on those elements, the commission maintains its conclusion that the chp surcharge qualifies as state resource and that as a result, the reduced chp surcharge rates are also financed from state resources. those reductions are financed from state resources as the chp support. any reduction of the chp surcharge has been set up in the law and involved state control to the same extent as the full chp surcharge (see above). therefore, also the reduction of the chp surcharge must be considered as financed from state resources (29). 6.1.3. effect on trade and impact on competition (101) as regards reductions of chp surcharges, they can distort competition between undertakings within the same sector as not all undertakings are eligible (depending on their consumption level for and/or the respective importance of electricity costs compared to turnover for and/or depending on the respective importance of electricity costs compared to gva) and are also likely to affect trade between member states and competition with undertakings in other member states. indeed, the undertakings benefitting from reductions are typically active in certain manufacturing sectors where electricity costs represent a larger share of production costs (metal industry, paper and chemical sector, glass-making industry, refineries, wood industry, food and feed sector, see opening decision recital 127 and also table 3 above). companies active in sectors like the chemical sector, the paper industry, automobile manufacturing and automotive supply are in competition with undertakings located in other member states. (102) bv glas submitted that there was no impact on competition but did not explain why. bv glas seems to imply that there would be no impact on competition because the measure aims at reducing a competitive disadvantage compared to undertakings in other member states. given that chp surcharges also exist in other member states (for instance in france (30)), that argument is not supported by the facts. in addition, it is established case law that the fact that a measure is aimed at harmonising through unilateral measures competition conditions between member states would not prevent such a measure from being qualified as state aid (31). 6.1.4. conclusion on the existence of state aid (103) the commission therefore concludes that the reductions of the chp surcharge granted to categories b and c end-consumers and to electro-intensive users foreseen in kwkg 2016 involve state aid within the meaning of article 107 of the treaty. 6.2. existing aid/new aid and lawfulness of the aid (104) bv glas has underlined that the kwkg 2016 is very similar to the kwkg 2002 and therefore constitutes existing aid. (105) the commission notes, however, that while there are many similarities between the kwkg 2002 and the kwkg 2016, that cannot lead to the conclusion that the aid scheme of the chp surcharge reductions as provided for by the kwkg 2016 would qualify as an existing aid scheme. (106) it is true that the law of 12 may 2000 for the protection of electricity generation on the basis of chp (the kwkg 2000), one of the precursors of the kwkg 2016, had been considered not to involve state aid by the commission (32). however, as the commission noted in its opening decision (recital 288), the kwkg 2000 has been abolished already in 2002 and replaced by the kwkg 2002 which was in turn replaced by the kwkg 2016. (107) the aid measure can thus not be regarded as existing aid, in particular since there are several substantial differences between the kwkg 2000 and the kwkg 2016 and actually already between the kwkg 2000 and the kwkg 2002. (108) the first difference being that the reductions of the chp surcharge which are the subject matter of the formal investigation did not exist in the kwkg 2000 and the commission did not examine them in its decision of 22 may 2002 on state aid nn 68/2000 germany law for the protection of electricity generation on the basis of combined heat and power of 12 may 2000 (33). (109) in addition, under the kwkg 2000, the law simply established a purchase obligation together with the price to be paid for that good. there was a burden sharing between network operators. the law, however, did not establish any chp surcharge to finance the support and as mentioned in the previous recital there were no reduced chp surcharges for certain categories of end-consumers. (110) the kwkg 2016 is different from the kwkg 2000 in the following respects: first the purchase obligation has been replaced by the obligation to pay a premium for electricity that is most of the time not purchased by the network operator. second, the kwkg 2016 also provides for support for electricity that is auto-consumed, i.e. aid that is not even injected into the grids operated by network operators. third, the kwkg 2016 also provides for support to heat storage and district heating networks, i.e. infrastructure not related to the electricity grid. fourth, the law guarantees that network operators are fully compensated for their extra costs through the chp surcharge established by the law and the transmission network operators centralise financial flows linked to premium payments and the chp surcharge. the chp surcharge is a uniform surcharge per kwh across all networks. fifth, the law contains a maximum budget that also limits the increase of the chp surcharge. and sixth, the kwkg 2016 provides for a cap to the chp surcharge for category b and category c end-consumers. finally, support for chp installations, district heating networks etc. is available only after having obtained an authorisation from the bafa. such a confirmation of eligibility for support did not exist under the kwkg 2000. (111) already the kwkg 2002 presents several important alterations to the kwkg 2000: obligation to pay a premium on top of market price (instead of mere purchase obligation of electricity for a given price), guarantee provided by law that network operators will be compensated for the extra costs resulting from the obligation to pay the premium, creation of the uniform chp surcharge, central role of transmission network operators in centralising the financial flows linked to support payments and chp surcharge and introduction of caps to the chp surcharge for two categories of end-consumers (category b and category c). also the obligation to obtain an authorisation from the bafa to obtain access to support was introduced in 2002. in 2009, the kwkg 2002 was amended to provide support also for auto-consumption and for district heating networks. in 2012, the kwkg 2002 was amended to include also support for heating and cooling storage facilities as well as for district cooling networks. the budget limitation was introduced by the kwkg 2016. (112) based on these elements, the commission thus concludes that the kwkg 2016 shares several features with the kwkg 2002 but that it cannot qualify as an existing aid measure given that the decision in case nn 68/2000 (34) did not concern the kwkg 2002 but the kwkg 2000 and given that the kwkg 2016 presents several substantial alterations compared to the kwkg 2000. (113) the similarities between the kwkg 2002 and the kwkg 2016 (obligation to pay a premium on top of market price, guarantee provided by law that network operators will be compensated for the extra costs resulting from the obligation to pay the premium, introduction of a uniform chp surcharge and introduction of reduced chp surcharge for certain end-consumers, central role of transmission network operators in centralising the financial flows linked to support payments and chp surcharge, authorisation from the bafa to obtain access to support) and the differences to the kwkg 2000 actually lead to the conclusion that reductions of the chp surcharge granted under the kwkg 2002 qualified as state aid already. the commission acknowledges that pursuant to article 1(a)(iv) in conjunction with article 17 of regulation (eu) 2015/1589 only the chp surcharge reductions that were granted 10 years before 24 october 2016 qualify as existing aid. (114) in addition germany submitted the adjustment plan starting from 2011 thus explicitly recognising that the chp surcharge reductions as from 2011 did involve new state aid compared to the kwkg 2002. 6.3. compatibility with the internal market (115) in the opening decision, the commission concluded that the state aid to high-efficiency chp installations, to storage facilities and to energy-efficient district heating/cooling networks granted under the kwkg 2016 was compatible with the internal market. (116) in its opening decision, the commission however raised doubts as to whether the reduced chp surcharges for category b and category c end-consumers could be declared compatible with the internal market on the basis of article 107(3) c) tfue. (117) the compatibility assessment below only covers the reductions granted to category b and category c end-consumers since 2007 and to electro-intensive users described under recital 20 above. this decision does not cover reductions granted to railway undertakings on payments of the chp surcharge. those reductions were approved under decision sa.43666 (35). (118) the capped surcharge relieves category b and category c end-consumers and electro-intensive users from a part of the chp surcharge that they would normally have had to bear in their day-to-day operations as part of their electricity costs; it thus reduces operating costs for the companies concerned. (119) article 107(1) of the treaty provides for the general principle of prohibition of state aid within the union. article 107(2) and 107(3) of the treaty provide for exemptions to that principle. (120) as the commission noted in its opening decision, the reductions do not fall within the scope of the eeag. first the chp surcharge does not qualify as environmental tax within the meaning of section 3.7.1 of the eeag. indeed, the chp-surcharge pursues a specific objective namely financing of a support for chp installations. the chp-surcharge in contrast to environmental taxes does not have a behavioural steering effect (see paragraphs 167 and 181 of the eeag). it does not aim at changing the behaviour of the chp surcharge payers itself. thus the assessment of its reductions under section 3.7.1 may be excluded. the chp surcharge presents many similarities with renewable surcharges that are dedicated to the funding of the support to renewable electricity as it indirectly pursues the environmental objective of reducing co2 emissions of electricity production through the financing of cogeneration support. however, section 3.7.2 of the eeag applies only to surcharges dedicated to the funding of the support of the energy from renewable sources thus does not cover funding of energy efficiency measures like high energy efficient chp. no other commission guidelines can apply to the notified measure. (121) however, the commission may declare an aid measure compatible directly under article 107(3)(c) of the treaty if it is necessary and proportionate and if the positive effects for the common objective outweigh the negative effects on competition and trade. those conditions can be considered as fulfilled if the following questions can be answered in the affirmative: (a) is the aid measure aimed at a well-defined objective of common interest? (36) (b) is it targeted towards a situation where aid can bring about a material improvement that the market alone cannot deliver (for example because it addresses a market failure)? (c) is the aid measure well designed to deliver the objective of common interest (necessity of the aid)? (37) in particular: is the aid measure an appropriate and necessary instrument, i.e. are there other, better-placed instruments? is there an incentive effect, i.e. does the aid change the behaviour of firms? is the aid measure proportionate, i.e. could the same change in behaviour be obtained with less aid? (d) are the distortions of competition and the effect on trade limited, so that the overall balance is positive? 6.3.1. objective of common interest (122) the commission observed in its opening decision that the chp surcharge is dedicated to the funding of the support for high-efficiency cogeneration and therefore indirectly contributes to the achievement of the objectives pursued by those support measures, i.e. reducing the environmental impact of electricity production by increasing the energy efficiency of energy production and reducing co2 emissions in the electricity sector, which the commission found to correspond to an objective of common interest. (123) the commission also observed that reductions of chp surcharges dedicated to finance support for cogeneration of heat and power can also indirectly contribute to the objective of the support measures financed from the surcharges (i.e. the increase of energy efficiency of energy production and the reduction of co2 emissions linked to electricity consumption) because they can help securing a sufficient financing base for the support measures themselves in a similar way to how reductions in the funding of support for renewable electricity help securing a sufficient financing base for renewable electricity support (see section 3.7.2 of the eeag and in particular paragraph 182 of the eeag). hence, if reductions are needed to secure the financing of those support measures, they would also indirectly contribute to the objectives pursued by the support measures examined under sections 3.3.1 to 3.3.5 of the opening decision. (124) the commission also observed that the union has not established mandatory targets per member state for the production of high-efficiency chp electricity, contrary to what is the case for renewable energies. the funding needs for supporting chp installations are thus generally lower than funding needs for the support to renewable energy, which makes it less imperative to finance the support measures from a levy on electricity consumption. however, the directive 2012/27/eu of the european parliament and the council (38) has set a 20 % headline target on energy efficiency and provides for indicative national efficiency targets to which high-efficiency chp installations, energy-efficient district heating networks and storage systems can make an important contribution. in addition member states are under the obligation to assess their potential for the implementation of energy efficiency measures, including chp installations, district heating and storage facilities and to deploy the identified potential. as a result, financing needs for energy efficiency support measures could also potentially become significant, thereby increasing the need for member states to be able to finance the measures from energy consumption levies. in addition, the target of 27 % improvement in energy efficiency for 2030 that the european council endorsed on 23 october 2014 (39) will continue to lead the union and its member states towards further reductions of co2 emissions and towards further energy savings. (125) to avoid that electricity end-consumers particularly affected by the financing costs of the promotion of high-efficiency chp (and the related promotion of energy-efficient district heating networks and heat storage facilities connected to chp installations) could be put at a significant competitive disadvantage, germany may need to grant partial reductions, in particular since the chp surcharge adds up to the eeg surcharge in order to finance a set of support measures in the electricity sector to reduce co2 emissions and fight against climate change. indeed, bankruptcy or delocalisation of too many undertakings particularly impacted by the eeg or the chp surcharge might erode the financing basis: instead of paying a reduced surcharge, the relevant companies would not contribute at all to the financing implying an even higher financial effort from other end-consumers to finance the support of chp, again reducing acceptability of the surcharge and hence of the support of chp as such. (126) in its opening decision, the commission had observed that while the chp surcharge was not aimed at creating incentives to reduce energy consumption but only at financing energy efficiency measures, it should be avoided that the magnitude of the reductions induce companies to be less energy-efficient, as this would run counter to the objective of the supported energy efficiency measures. (127) concerning the risk of reducing the incentives to be energy-efficient, the german authorities have submitted that the reductions do not eliminate incentives for electro-intensive users to be energy-efficient given that the chp surcharge represents only a small portion of electricity costs. the mere electricity price in itself, given the high share of energy costs compared to total production costs, provides for an incentive to increase energy efficiency (see recitals 62 and following above). also bv glas submitted that electro-intensive users are constantly incentivised to improve energy-efficiency given the high share that energy prices represent in total production costs (often between 20 and 50 %). (128) the commission agrees that for electro-intensive companies exposed to international trade the mere electricity price in itself can provide an incentive to increase energy efficiency given that for energy-intensive energy represents a high share of production costs. this incentive will be more important for companies facing a certain level of international trade as the competitive pressure will induce companies to be efficient. as also those companies will have to pay at least 15 % of the chp-surcharge, this minimum contribution will actually reinforce incentives that electro-intensive companies facing international competition have to invest in energy efficiency measures. no elements were provided though to demonstrate that the reductions would not eliminate incentives for undertakings that are not electro-intensive. however, the german authorities have limited the reductions to electro-intensive users that face a certain level of international competition as of 1 january 2017 and the great part of beneficiaries in 2016 could be considered as energy-intensive users. it has also subjected the reductions to participation in an energy or environmental management system. finally, as will be examined more in detail below, the german authorities have maintained an own contribution of 15 % of the chp surcharge. the commission therefore concludes that the reductions, as amended, will not remove incentives for electro-intensive users to increase their energy-efficiency. as the period 2011-2018 and as regards non-electro-intensive users, the german authorities submitted an adjustment plan which will increase incentives for energy-efficiency for non-electro-intensive users. (129) based on those elements, the commission concludes that the reduced chp surcharges contribute to a common objective. 6.3.2. need for state intervention, appropriateness of aid and incentive effect (130) under sections 3.3.1.2, 3.3.2.2, 3.3.4.2 and 3.3.5.2 of its opening decision, the commission concluded that the promotion of high-efficiency cogeneration installations, energy-efficient district heating/cooling networks and heating/cooling storage installations would not be delivered by the market alone and that the aid measures (and their financing) were needed to incentivise the investments into and/or operation of those installations and facilities. (131) the aid measures examined under sections 3.3.1 to 3.3.5 of the opening decision are all directed at increasing energy-efficiency of energy production and at reducing the carbon footprint of electricity production and thus consumption. they are aimed at fighting against climate change. (132) while the chp surcharge is not the only conceivable financing means, it is appropriate to finance aid measures for the production of high-efficiency cogenerated electricity, energy-efficient district heating networks and heat storage facilities on the basis of a surcharge on electricity consumed by end-consumers connected to the grid and withdrawn from this grid, because of the close link between the supported measures and the electricity withdrawn from the grid. also, such a surcharge provides a relatively stable financing stream and does not impair budgetary discipline. those are the reasons why such a financing system is often used to finance support for the production of renewable electricity. as already mentioned in recital 125 above, financing needs for energy efficiency support measures could become significant, thereby increasing the need for member states to be able to finance the measures from electricity surcharges. (133) the commission considers therefore that a reduced chp surcharge could be deemed necessary to reach the objectives of energy efficiency and environmental protection pursued by the measures examined under sections 3.3.1 to 3.3.5 of the opening decision if in the absence of reductions the chp surcharge financing those measures and the objective pursued by those measures would be put at risk. (134) that could be the case if the payment of the full chp surcharge would imply the delocalisation or bankruptcy of too many undertakings or sectors. that would in turn significantly reduce the acceptability of the chp surcharge as well as the number of surcharge payers and would risk jeopardising the aid measures as such. (135) the commission indicated in its opening decision (recital 274) that the criteria developed under paragraphs 185, 186 and 187 of the eeag could serve as guidance in order to identify sectors at risk of delocalisation or bankruptcy in case of too high energy surcharges aimed at the financing of cogeneration support. that seems appropriate in particular given that, on the one hand, the measures that are financed from the chp surcharge serve the same environmental objective as the measures that are financed from the renewable surcharges falling within the scope of section 3.7.2 of the eeag (fight against climate change by reducing co2 emissions resulting from electricity production) and given that, on the other hand, the chp surcharge in germany adds to the renewable surcharges (the eeg surcharge in germany) and is structured in a similar way. as it is levied in proportion to electricity withdrawn from the grid, the chp surcharge will impact in particular undertakings for which electricity costs represent an important share of gross added value and which cannot easily pass on their costs to end-consumers without losing important market shares given the intensity of the international trade of the sector in which they are active. those are the undertakings that the criteria set out under paragraphs 185, 186 and 187 of the eeag aim at identifying. (136) during the preliminary investigation the german authorities had explained that the reduced chp surcharges were needed to ensure the competitiveness of the companies (energy users) concerned and that ultimately they would be needed to secure the financing for the support measures. however, the german authorities had not provided sufficient information to show that the reduced chp surcharges were needed for all types of undertakings or sectors included within categories c and b end-consumers to secure the financing of aid measures laid down in the kwkg 2016, as notified. it had only provided information related to electro-intensive users exposed to international competition and eligible for reductions of renewable surcharges acknowledging, however, that end-consumers in categories b and c were not all such undertakings. (137) in its opening decision, the commission observed that it had accepted that some sectors with high electro-intensity and high exposure to international trade were very likely to be significantly affected by the full eeg surcharge and that this threat to their competitiveness and viability would be sufficiently material to jeopardise support for renewable energies (40). assuming that beneficiaries would correspond to companies eligible for support under the eeg, the full chp surcharge would, for a significant number of those companies, represent between 1 % and 9 % of gva. that would constitute indeed a sizable burden, in particular since it would be added to the burden resulting already from the eeg surcharge, a surcharge that finances measures pursuing the same environmental objective as the measures financed from the chp surcharge. (138) during the formal investigation procedure, the german authorities did not provide any additional information allowing the commission to verify which share of the beneficiaries would indeed correspond to undertakings eligible for reduced eeg surcharges or for reductions under section 3.7.2 of the eeag, nor did it provide information that would demonstrate the necessity of reductions also for companies that are neither electro-intensive nor facing international competition. also, while bv glas maintains that all reductions are needed, it did not submit information that would indicate that also reductions for non-electro-intensive users would be needed. in fact, the information submitted by bv glas is limited to electro-intensive users. however as of 1 january 2017 reductions will be limited to electro-intensive users that are qualifying for reductions of the renewable surcharge (i.e. to eiu at risk of relocation or bankruptcy). non-electro-intensive users of category b and c will not be eligible for reductions any more. for non-electro-intensive users, the german authorities provided an adjustment plan under which reductions will be phased out totally by 2019, also the reductions granted to non-electro-intensive users starting in 2011 have been adjusted based on an adjustment plan submitted to the commission (see also section 6.4 below on the adjustment plan). (139) based on those elements, in particular the modifications and adjustment plan provided by the german authorities ensuring that the reductions are limited to electro-intensive users exposed to international trade, the commission concludes that the reductions are appropriate and necessary to ensure the sustainability of the financing of cogeneration support and have an incentive effect. 6.3.3. proportionality (140) in its opening decision, the commission observed that reductions cannot correspond to full exemptions or be so significant as to jeopardise the purpose of the support measure because they result in too heavy a burden on the other end-consumers (recital 269 of the opening decision). also, too significant reductions increase the distortion of competition resulting from them. this is why under the eeag, as far as reductions in the funding of support for energy from renewable sources are concerned, undertakings eligible for reductions should pay a minimum contribution corresponding in principle to 15 % of the normal levy (see paragraph 188 of the eeag), with additional reductions possible when the levy represents more than a certain share of the gva of the company (paragraph 189 of the eeag). (141) in its opening decision (recital 282), the commission had indicated that it would use paragraphs 188 and 189 of the eeag as guidance to assess the proportionality of the reductions. that seems appropriate in particular given that, on the one hand, the measures that are financed from the chp surcharge serve the same environmental objective as the measures that are financed from the renewable surcharges falling within the scope of section 3.7.2 of the eeag (fight against climate change by reducing co2 emissions resulting from electricity production) and given that, on the other hand, the reductions aim at ensuring the sustainability of the financing of those support measures by limiting the burden for undertakings or particularly affected by energy surcharges but still requiring from them a sufficient own contribution. (142) the commission had observed in its opening decision (recital 283) that the german authorities had not shown during the preliminary investigation that the caps of 0,04 and 0,03 eur cent/kwh were limited to the necessary minimum. the german authorities did not show that less significant reductions would not have been acceptable. it has insisted on the cumulation effect with the eeg but did not provide concrete information related to the beneficiaries of the reductions that would compare the ratio between the reduced chp surcharge and the gva with the ratio between slightly higher chp surcharges (for instance 15 %) and the gva or with the ratio between the reduced chp surcharge cumulated to the reduced eeg surcharge and the gva. (143) the german authorities did not provide any additional information during the formal investigation. bv glas has submitted that the reductions were limited to the minimum necessary but without explaining why the reductions would be limited to the minimum. (144) however, germany modified the kwkg 2016 and as a result, reductions are limited as of 1 january 2017 to electro-intensive users that are qualifying for reductions of the renewable surcharge and the surcharge will be at least 15 % of the surcharge (see recital 21 above). non-electro-intensive users will not be eligible for reductions anymore. also the german authorities provided an adjustment plan for previous category b and c end-consumers under which reductions will be phased out totally by 2019 for category b and c end-consumers who do not qualify as electro-intensive users and under which the reductions granted to non-electro-intensive users in the past were adjusted starting in 2011. the german authorities also provided an adjustment plan for previous category b and c end-consumers who qualify as electro-intensive users starting in 2011. (145) based on those elements, in particular the modifications introduced as of 1 january 2017 to the level of reductions and the adjustment plan provided by the german authorities, the commission concludes that the reductions of the chp surcharges are proportionate to the objective pursued. 6.3.4. distortion of competition (146) the commission had observed in its opening decision that it had during the preliminary investigation phase not obtained enough elements that would enable the commission to assess the overall balance of the potential distortion of competition and trade between member states. moreover, as the necessity, appropriateness, incentive effect and the proportionality of the aid measure had not yet been demonstrated, the commission had doubts that the aid measure ensured that the distortions of competition resulting from the relief of companies from part of their operating costs were limited and that the overall balance of the measure would be positive. (147) the german authorities have underlined in their comments on the opening decision (recital 287) that the distortions are limited given the positive impact of the measures financed from the chp surcharge and given that with the amendments adopted on 22 december 2016 the reductions will be limited to the minimum necessary to ensure the sustainability of the chp surcharge. (148) concerning the positive impacts, the commission had observed in its opening decision that the measures financed from the chp surcharge were aimed at important reductions in terms of co2 emissions and were also important for improving the integration of cogenerated electricity into the electricity market. those positive impacts are summarised under recitals 9 and 10 above. (149) the commission further notes that directive 2012/27/eu has set a 20 % headline target on energy efficiency and obliges member states to assess their potential for the implementation of energy efficiency measures, including chp installations, district heating and storage facilities and to deploy the identified potential. in addition, the 2030 target of 27 % improvement in energy efficiency that the european council endorsed on 23 october 2014 (41) will continue to lead the union and its member states towards further reductions of co2 emissions and towards further energy savings. as a result, there are financing needs for energy efficiency support measures and they could also potentially become more significant in the future given that the 20 % target has not yet been reached and will after that have to be further improved to reach the 2030 target. therefore, ensuring the availability and sustainability of financial means for chp installations, district heating and storage facilities is an important element to pave the way for increased energy efficiency of energy production and further co2 emission reductions. indeed, the commission also found in its opening decision that there were still market failures in this domain and that support measures were still needed to increase energy efficiency. (150) further, the commission notes that with the amendments introduced on 22 december 2016 germany limits the eligibility for reductions to undertakings eligible for reductions under the besar, i.e. to undertakings and sectors which are the most at risk of delocalisation and bankruptcy in case of payment of the full surcharge and hence which would constitute the largest threat to the sustainability of the surcharge. also, beneficiaries are still required to contribute their share to the financing of the energy efficiency measures and the reductions do not undermine beneficiaries' incentives to remain energy-efficient. (151) finally, the commission notes that the reductions are granted to all undertakings active in the same sector when they are in the same situation in terms of electro-intensity. (152) on this basis, the commission concludes that the overall balance of the aid measure is positive in that its positive effects outbalance the possible distortion of competition. 6.4. adjustment plan (153) the reduced chp surcharges were introduced in 2002 by the kwkg 2002. the german authorities have mentioned in that respect that in 2002 the commission found that the then applicable kwkg 2000 did not contain state aid and did not indicate to germany that the kwkg 2002 would be a notifiable act (42). they submitted that the fact that the commission did not object to the kwkg 2002 and declared the kwkg 2000 as not constituting aid would raise legitimate reasons that the reductions of the chp surcharges did not constitute aid, at least until 2014 when the commission adopted the 2014 eeag and made clear that renewable or chp support schemes financed from surcharges would constitute aid. also bv glas submits that commission decision of 22 may 2002 on state aid nn 68/2000 germany law for the protection of electricity generation on the basis of combined heat and power of 12 may 2000 (the 2002 commission decision) created legitimate expectations that the kwkg 2002 and then the kwkg 2016 did not contain any aid. (154) nevertheless, germany submitted to the commission an adjustment plan starting in 2011 and progressively adjusting category b and category c end-consumers to the eligibility and proportionality criteria introduced by the law of 22 december 2016 and incorporated in the kwkg 2016, as amended (i.e. reductions limited to electro-intensive users fulfilling the conditions set out in recital 20 above and reductions limited to 85 % of the chp surcharge or to 4 % or 0,5 % of gva, depending on the electro-intensity of the undertaking). (155) it aligns the payments of chp surcharges of all previous category b and c end-consumers who qualify as electro-intensive users to the levels compatible by 2018. while the commission assesses this adjustment plan on the basis of article 107(3)c tfue solely, the comparison with assessment criteria set out in eeag with regard to the adjustment of res-surcharge reductions applied before 1 july 2014 shows that the progressive adjustment of chp surcharge foreseen in the submitted plan would allow to consider the past payments of chp surcharges compatible with the internal market. (156) in fact the plan foresees a progressive increase of the chp surcharge for the categories b and c end-consumers from 2011 on so that in 2019 they will have to pay the full chp surcharge (100 %). this path is stricter than the transitional provision with regard to reductions in funding of res foreseen in eeag. for the eiu, the plan foresees an adjustment to 15 % already in 2018, thus earlier than the commission requires with regard to the adjustment of reductions in funding of res (see paragraph 193 eeag). thus the commission considers that the implementation of the submitted adjustment plan would render the reductions of chp-surcharges in the past compatible with the internal market. (157) given that the chp-surcharges paid by category b and category c end-consumers represented in total for 2011 and 2012 more than 100 % of the full chp-surcharge paid by category a of end-consumers, the adjustment plan applies to non-electro-intensive users only as of 2013. category b consumers actually paid for 2013-2016 in total more than what the adjustment plan requires (21 % instead of up to 12,5 %), they will thus in practice have to be adjusted as of 2017 only. category c consumers will be adjusted as of 2016 because for the period 2013-2015 they paid in total more than what the adjustment plan required (13 % instead of up to 12,5 %). (158) as for electro-intensive users, they paid in total for the period 2011 to 2016 15 % of the chp surcharge. the adjustment plan will in practice apply to them as of 2017. (159) thus in light of the actual amounts of chp-surcharge paid by the beneficiaries in the previous years the implementation of the adjustment plan will not require any increase of the surcharge in past years, except for 2016 for category c end-consumers who do not qualify as electro-intensive users. however, this increase of the chp surcharge has already been enacted in the law of 22 december 2016 and the increased chp surcharge for this category of end-consumer has been included in the final bill for 2016. indeed, under paragraph 36 of the kwkg 2016 as amended, an additional surcharge of 0,026 eur ct/kwh is due, unless reductions for the period 2014-2016 are below eur 160 000 (i.e. 20 % below the de minimis threshold). (160) the commission also finds that the starting point of the adjustment plan in 2011 is justified. indeed in june 2010 the european council agreed upon a 20 % energy efficiency target to be reached by 2020. in the course of 2010 and 2011, the eu adopted several action plans and communications (43) stressing the importance of energy efficiency and the need to step up efforts, including in energy generation and including through schemes, to increase energy efficiency. this together with also directive 2012/27/eu induced member states to step up support measures and surcharges, including chp-surcharge, started to increase as a result. (161) concerning legitimate expectations that would arise from the 2002 commission decision, the commission notes that its 2002 decision did not relate to reductions of a chp surcharge and it is unclear how it could then raise legitimate expectations as to the absence of aid. in any event, assuming that there could have been legitimate expectations based on the 2002 commission decision and based on the status of the case law (preussenelektra (44)), those legitimate expectations would have ended by 2011 at the latest as several developments in case law and case practice would have lead a prudent and alert economic operator to realise that it was no longer possible to assume that reductions of chp surcharge would not constitute aid. (162) the court of justice has repeatedly held that the right to rely on the principle of the protection of legitimate expectations extends to any person in a situation where a community institution has caused him to entertain expectations which are justified by precise assurances provided to him. however, if a prudent and alert economic operator could have foreseen the adoption of a community measure likely to affect his interests, he cannot plead that principle if the measure is adopted (45). (163) indeed, in the meantime, the court clarified in its essent judgment of 17 july 2008 (46) the boundaries of the preussenelektra judgment (47) and concluded that also qualifies as state resource a surcharge imposed by the state and managed by an entity designated by the state even if the monies do not transit via a fund or account directly managed by the state; in addition, on 22 july 2009, the commission opened the formal investigation procedure on a cap introduced by an austrian law that exempted companies in energy intensive industries from the obligation to purchase green electricity if expenses for green electricity were larger than 0,5 % of their respective production value (48). on 8 march 2011, the commission confirmed its position in a final decision that the austrian cap for energy-intensive users under the green electricity act constituted state aid (49). (164) the commission notes also that the adjustment plan leads in practice to an adjustment for category c end-consumers who do not qualify as electro-intensive users in 2016. in 2016, any prudent and alert economic operator would have realised that before believing that the reductions constituted no aid, it was prudent to wait for the commission's position, in particular since it was known that the kwkg 2016 had been notified to the commission for approval. (165) finally, the commission notes that the adjustment plan avoids too high and too abrupt financial disruptions for individual undertakings and in that sense also contributes to the sustainability of the financing of the chp support as described under recitals 124 and following above. (166) for the reductions of chp-surcharges applied prior to the starting date of the adjustment plan the commission considers that in light of the development state of high efficient chp (period prior to the establishment of 20 % eu-energy efficiency target) the amounts of reductions awarded under the kwkg 2002 after november 2006 could be considered as not fulfilling all the criteria in article 107(1) tfue and thus falling under the regulation pursuant to article 2 of council regulation (ec) no 994/98 which was applicable at the time (de minimis aid) or that the reductions granted from december 2008 until december 2010 would fall under the temporary community framework for state aid measures to support access to finance in the current financial and economic crisis (50). 6.5. conclusion (167) the commission finds that germany has unlawfully implemented reduced chp surcharges for certain end-consumers in breach of article 108(3) of the treaty. however, the commission finds that those reductions as amended by the law of 22 december 2016 and as complemented by the adjustment plan are compatible with the internal market within the meaning of article 107(3)(c) of the treaty. 7. preliminary examination of the intended extension of chp support based on the kwkg 2016, as amended by the law of 22 december 2017 (168) as described under recital 7 the german authorities notified an amendment to the chp support scheme that the commission approved on 24 october 2016. that amendment consists in changing the conditions to be fulfilled by chp installations in order to be eligible for participation in the tenders to be organised as of winter 2017/2018 to select chp projects that will benefit from support. as a result of that amendment, chp installations injecting electricity into closed distribution networks will also be eligible for participation in the said tenders (the amendment). chp used for autoconsumption would however remain ineligible for support and are not concerned by the notified amendment. the following section contains the preliminary examination pursuant to article 4 of regulation (eu) 2015/1589 of that amendment. 7.1. existence of aid (169) as a result of the amendment described under section 5 above, a further category of chp operators would be eligible to take part in the tenders to obtain a fixed premium on top of the market price for electricity. the amendment would thus increase the circle of beneficiaries of the approved aid scheme. it does not change the commission's assessment of the existence of aid made in recitals 123, 128 to 137, 139 and 144(a) of the opening decision. the amendment therefore also constitutes an aid scheme. (170) in particular, the amendment gives the chp installations concerned access to the tenders organised for chp installations injecting the electricity into public grids. chp installations selected in the tender will obtain a premium on top of the market price. it provides them with an advantage over other electricity producers who are only obtaining the market price for the electricity they produce. as only operators of chp installations and only certain types of chp operators can take part in the tender, the advantage is selective. the support is financed from the chp surcharge described under sections 2.2 and 2.3 above and is therefore financed from state resources for the reasons set out above under section 6.1.2 above. the advantage is also likely to affect trade between member states and competition. indeed, the operators of chp installations injecting electricity into closed distribution networks are in competition with electricity providers injecting electricity into public grids. as electricity injected in public grids is subject to trade between member states and competition between member states, also the amendment extending the possibility for chp installations injecting electricity in closed distribution networks is likely to affect trade and competition between member states. 7.2. legality (171) as the addition of a new category of chp installations eligible to take part in the tenders has not yet been adopted, germany has complied with its obligations under article 108(3) of the treaty. 7.3. compatibility 7.3.1. contribution to an objective of common interest. (172) the objective of the support remains the same as described in recital 148 of the opening decision: it is directed at an increased level of environmental protection through promoting electricity from high energy-efficient cogeneration. the commission notes in this respect that chp installations which would become eligible to participate in the tenders would continue to be subject to the high-efficiency requirement in line with paragraph 139 of the eeag. (173) the commission therefore concludes that the amendment contributes to an objective of common interest in the same way as the original scheme did (see in this regard section 3.3.1.1 of the opening decision). 7.3.2. need for state intervention and incentive effect (174) chp installations injecting electricity into a private grid correspond to the type of chp installations referred to in the opening decision as kontraktor (see recital 23 of the opening decision) and for which the german authorities have provided levelised cost of energy calculations and comparison with market price projections (see table 5 above). (175) member states need to demonstrate that state aid is necessary to remedy a market failure that otherwise would remain unaddressed (cf. paragraph 37 of the eeag). in the case of cogeneration, the commission presumes that energy efficiency measures target negative externalities by creating individual incentives to attain environmental targets for energy efficiency and for the reduction of greenhouse gas emissions (cf. paragraphs 35 and 142 of the eeag). (176) according to paragraph 49 of the eeag, the member state must demonstrate that the aid has the effect of incentivising the beneficiaries to change their behaviour in line with the objective of common interest pursued. (177) the calculations provided by the german authorities (see table 5) show that the production costs of electricity from high-efficiency chp (lcoe) are higher than the electricity market price and that without support such activity would be unlikely to be economically viable. (178) chp installations that are concerned by the amendment will obtain support only if selected in a competitive bidding process; there is thus no need to comply with the form requirement contained in paragraph 51 of the eeag (see paragraph 52 of the eeag). (179) the commission therefore concludes that the german authorities have demonstrated that the aid for chp installations injecting electricity into private grids is needed and that the aid scheme will have an incentive effect. 7.3.3. appropriateness of the aid, proportionality and avoidance of undue distortion of competition (180) in line with paragraph 145 of the eeag, state aid may be considered an appropriate instrument to finance energy efficiency measures, independent of the form in which it is granted. premiums on top of market price are appropriate aid instruments to compensate chp plants for the higher production costs of electricity from highly efficient cogeneration as they target the additional cost element that is not covered by the market price. (181) the notified amendment would add a new category of chp operators who could participate to the tender in order to obtain a premium on top of the market price. it corresponds to operating aid for the production of electricity in highly energy-efficient chp installations, thus paragraph 151 of the eeag is applicable for the assessment of proportionality. (182) for the assessment of proportionality, paragraph 151 of the eeag makes reference to the conditions applying to operating aid for electricity from renewable energy sources as established in section 3.3.2.1 of the eeag. (183) the chp plants concerned by the amendment fall into the category defined in paragraph 151(a) of the eeag: the electricity produced will be sold to the public (albeit a more limited number of customers than electricity sold into the public grid). (184) for the assessment of proportionality, paragraph 151 of the eeag makes reference to the conditions applying to operating aid for electricity from renewable energy sources as established in section 3.3.2.1 of the eeag. (185) according to paragraph 124 of the eeag, the aid must be granted as a premium in addition to the market price whereby the generators sell their electricity directly on the market. in addition, the beneficiaries must be subject to standard balancing responsibilities, unless no liquid intra-day balancing markets exist and finally the scheme must ensure that generators have no incentive to generate electricity when market prices are negative. (186) the aid scheme complies with paragraph 124(a) of the eeag given that the aid paid to selected undertakings will be paid out as a premium on top of the market price and the operator of the chp installation has to sell the electricity on the market (see recital 79 above). the operator is also subject to normal balancing responsibilities (see recital 79 above). finally, the scheme does not create any incentives to produce at time of negative prices. indeed the aid is paid out as a fixed premium and for a limited amount of full load hours. this increases the incentives to sell the electricity at times of higher demand, as this will maximise the revenues and conversely reduces incentives to produce at times of negative prices. in addition, germany suspends the support at times of negative prices (see recital 79 above). (187) paragraph 126 of the eeag requires that, from 1 january 2017, aid is granted in a competitive bidding process. (188) the amendment complies with this requirement as it consists in adding a category of chp operators eligible to take part in the tenders that will be organised as of winter 2017/2018. as for the issue of strategic bidding, the commission notes that the german authorities conducted a study into the economics of chp installations injecting electricity into private grids which revealed that the competitive advantage was much more limited than initially thought (if at all existing), so that the risk of strategic bidding was sufficiently low for making it possible to include this kind of chp installations in the same tender. in addition, the german authorities indicated that they will include this element into the evaluation of tenders and further indicated that if signs of strategic bidding are detected, the german authorities would address them in the framework of the tender design and notify the amendments to the eligibility conditions and tender design to the commission. 7.3.4. transparency (189) the amendment does not alter the commitment provided by the german authorities to implement all conditions laid down in section 3.2.7 of the eeag. the measures comply with the transparency provision. 7.3.5. conclusion (190) based on the reasons set out in sections 7.3.1 to 7.3.4, the commission concludes that the support to new highly-efficient chp installations used in closed distribution networks is in line with the eeag, in particular section 3.4 thereof, and is therefore compatible with the internal market pursuant to article 107(3)(c) tfue, has adopted this decision: article 1 the reductions of the chp surcharges which germany has implemented pursuant to kwkg 2016 in breach of article 108(3) tfue are compatible with the internal market pursuant to article 107(3)c tfue following the amendments of 22 december 2016. article 2 individual aid granted on the basis of the aid schemes referred to in article 1 does not constitute state aid within the meaning of article 107(1) of the treaty if, at the time it was granted, it fulfilled the conditions laid down in the regulation adopted pursuant to article 2 of regulation (ec) no 994/98 which was applicable at the time the aid was granted. article 3 the commission accepts the adjustment plan for the period 2011-2019 as notified by germany. germany shall inform the commission of the implementation of the adjustment plan. article 4 the commission does not raise objections to the extension of the aid scheme approved by the decision c(2016) 6714 to new highly-efficient chp installations used in closed distribution networks, which germany is planning to implement on the basis of paragraph 33a(2)(b)(bb) of the kwkg 2016, as amended by the law of 22 december 2016, on the grounds that the extension of the aid scheme is compatible with the internal market pursuant to article 107(3)(c) of the treaty. article 5 this decision is addressed to the federal republic of germany. done at brussels, 23 may 2017. for the commission margrethe vestager member of the commission (1) oj c 406, 4.11.2016, p. 21. (2) commission decision of 24 october 2016 on state aid sa.42393 (2016/c) (ex 2015/n) germany reform of support for cogeneration in germany invitation to submit comments pursuant to article 108(2) of the treaty on the functioning of the european union (oj c 406, 4.11.2016, p. 21). (3) council regulation (eu) 2015/1589 of 13 july 2015 laying down detailed rules for the application of article 108 of the treaty on the functioning of the european union (oj l 248, 24.9.2015, p. 9). (4) coal and lignite chp installations are excluded from the support under the kwkg 2016. (5) cf. footnote 1. (6) see https://www.netztransparenz.de/de/file/kwkg-aufschlaege_2016_v01.pdf (7) germany indicated that final figures would not be available before second semester 2017. (8) forecasts available under: https://www.netztransparenz.de/de/file/kwkg_prognose_2016_nach_kwkg_2016_internet.pdf (9) the notional chp surcharge is the surcharge that would apply to all users if categories b and c end-consumers were not benefitting from reductions. (10) if categories b and c end-consumers were not benefitting from reductions, the chp surcharge for category a end-consumers would be 0,19 eur ct/kwh lower. (11) if categories b and c end-consumers were not benefitting from reductions, the chp surcharge would be 0,215 eur ct/kwh higher for category b end-consumers (comparison with the notional chp surcharge). (12) if categories b and c end-consumers were not benefitting from reductions, the chp surcharge would be 0,225 eur ct/kwh higher for category c end-consumers (comparison with the notional chp surcharge). (13) the eeg 2014 is available under http://www.gesetze-im-internet.de/eeg_2014/ the eeg 2014 has been published in the german official gazette on 24 july 2014 (bgbl i 2014 no 33, p. 1066). (14) this methodology to determine electro-intensity of the undertaking has been approved by the commission in state aid cases sa.38632 and sa.44679 (see commission decision of 23 july 2014 on state aid sa.38632 (2014/n) germany eeg 2014 (oj c 325, 2.10.2015, p. 4) and commission decision of 20 december 2016 on state aid sa.44679 (2016/n) germany modification of the method used to define electro-intensity under the eeg (oj c 68, 3.3.2017, p. 10). (15) council regulation (ec) no 994/98 of 7 may 1998 on the application of articles 107 and 108 of the treaty on the functioning of the european union to certain categories of horizontal state aid (oj l 142, 14.5.1998, p. 1). (16) that step is now explained in more explicit terms under paragraph 28(3) of the kwkg, as amended. (*1) business secret source: bafa, may 2016. (17) oj c 200, 28.6.2014, p. 1. (18) state aid case sa.33995 (2013/c) (ex 2013/nn) on the aid scheme implemented by germany for the support of renewable electricity and of energy-intensive users (see commission decision (eu) 2015/1585 of 25 november 2014 on the aid scheme sa.33995 (2013/c) (ex 2013/nn) (implemented by germany for the support of renewable electricity and of energy-intensive users) (oj l 250, 25.9.2015, p. 122)). (*2) business secret (19) assumption: electricity tariff after eeg surcharge reduction 11,2 eur cent/kwh. (20) judgment of 21 december 2016, commission v world duty free group, joined cases c-20/15 p and c-21/15 p, ecli:eu:c:2016:981, paragraph 60. (21) judgment of 11 december 2014, austria v commission, t-251/11, ecli:eu:t:2014:1060, paragraph 112; judgment of 10 may 2016, germany v commission, t-47/15, ecli:eu:t:2016:281, paragraph 55. (22) judgment of 8 september 2011, commission v the netherlands, c-279/08 p, ecli:eu:c:2011:551, paragraph 32. (23) judgment of 19 december 2013, vent de col re and others, c-262/12 ecli:eu:c:2013:851. (24) judgment of 13 march 2001, preussenelektra, c-379/98 ecli:eu:c:2001:160. (25) judgment of 17 july 2008, essent netwerk noord and others, c-206/06, ecli:eu:c:2008:413. (26) judgment of 10 may 2016, germany v commission, t-47/15, ecli:eu:t:2016:281. (27) judgment of 16 may 2002, france v commission, c-482/99 eu:c:2002:294, paragraph 37, and judgment of 10 may 2016, germany v commission, t-47/15, ecli:eu:t:2016:281, paragraph 83. (28) to this effect, see judgment of 22 march 1977, steinike & weinlig, c-78/76, eu:c:1977:52, paragraph 21; judgment of 17 march 1993, sloman neptun v bodo ziesemer, joined cases c-72/91 and c-73/91, eu:c:1993:97, paragraph 19, and judgment of 10 may 2016, germany v commission, t-47/15, ecli:eu:t:2016:281, paragraph 81. (29) see also judgment of 10 may 2016, germany v commission, t-47/15, ecli:eu:t:2016:281, paragraph 112, and judgment of 11 december 2014, austria v commission, t-251/11, ecli:eu:t:2014:1060, paragraph 76. (30) commission decision of 27 march 2014 on state aid sa.36511 (2014/c) (ex 2013/nn) france support mechanism for renewable energies and caps on the cspe invitation to submit comments pursuant to article 108(2) of the treaty on the functioning of the european union (oj c 348, 3.10.2014, p. 78). (31) judgment of 1 february 2017, portovesme v commission, c-606/14 p, ecli:eu:c:2017:75, paragraph 91. (32) commission decision of 22 may 2002 on state aid nn 68/2000 germany law for the protection of electricity generation on the basis of combined heat and power of 12 may 2000 (oj c 164, 10.7.2002, p. 5). (33) ibidem. (34) ibidem. (35) commission decision of 22 august 2016 on state aid sa.43666 (2015/n) germany reduction of the kwkg surcharge for railways (oj c 406, 4.11.2016, p. 1). (36) judgment of 14 january 2009, kronoply v commission,t-162/06, ecli:eu:t:2009:2, especially paragraphs 65, 66, 74 and 75. (37) judgment of 7 june 2001, agrana zucker und st rke v commission, case t-187/99, ecli:eu:t:2001:149, paragraph 74; judgment of 14 may 2002, graphischer maschinenbau v commission, case t-126/99, ecli:eu:t:2002:116, paragraphs 41-43; judgment of 15 april 2008, nuova agricast, case c-390/06, ecli:eu:c:2008:224, paragraphs 68-69. (38) directive 2012/27/eu of the european parliament and of the council of 25 october 2012 on energy efficiency, amending directives 2009/125/ec and 2010/30/eu and repealing directives 2004/8/ec and 2006/32/ec (oj l 315, 14.11.2012, p. 1). (39) conclusions of the european council of 23-24 october 2014. (40) see commission decision of 23 july 2014 on state aid sa.38632 (2014/n) germany eeg 2014 (oj c 325, 2.10.2015, p. 4). (41) conclusions of the european council of 23-24 october 2014. (42) commission decision of 22 may 2002 on state aid nn 68/2000 germany law for the protection of electricity generation on the basis of combined heat and power of 12 may 2000 (oj c 164, 10.7.2002, p. 5). (43) see conclusions of the european council of 17 june 2010. the conclusions of the european council of 17 june 2010 confirmed the energy efficiency target as one of the headline targets of the union's new strategy for jobs and smart, sustainable and inclusive growth. under this process and in order to implement this objective at national level, member states are required to set national targets in close dialogue with the commission and to indicate, in their national reform programmes, how they intend to achieve them. see also communication from the commission to the european parliament, the council, the european economic and social committee and the committee of the regions: energy 2020 a strategy for competitive, sustainable and secure energy (com(2010) 639 final of 10 november 2010). it places energy efficiency at the core of the union energy strategy for 2020 and outlines the need for a new energy efficiency strategy that will enable all member states to decouple energy use from economic growth. communication from the commission to the european parliament, the council, the european economic and social committee and the committee of the regions: see also conclusions of the european council of 4 february 2011 acknowledging that the union energy efficiency target was not on track and that determined action is required to tap the considerable potential for higher energy savings in buildings, transport, products and processes. see also communication of 8 march 2011 from the commission to the european parliament, the council, the european economic and social committee and the committee of the regions: energy efficiency plan 2011. the communication confirmed that the union is not on track to achieve its energy efficiency target. to remedy that, the energy efficiency plan 2011 spelled out a series of energy efficiency policies and measures covering the full energy chain, including energy generation of heat and electricity and underlying that waste heat should be recovered where possible and a greater use of high efficient cogeneration should be made where possible. (44) judgment of 13 march 2001, preussenelektra, case c-379/98, ecli:eu:c:2001:160. (45) judgment of 22 june 2006, forum 187 v commission, joined cases c-182/03, c-217/03, ecli:eu:c:2005:266, paragraph 147. (46) judgment of 17 july 2008, essent netwerk noord and others, c-206/06, ecli:eu:c:2008:413. (47) judgment of 13 march 2001, preussenelektra, case c-379/98, ecli:eu:c:2001:160. (48) commission decision of 22 july 2009 on state aid sa.26036 (c 24/2009) austria aid to large electricity consumers (oj c 217, 11.9.2009, p. 12). (49) commission decision 2011/528/eu of 8 march 2011 on state aid measure c 24/09 (ex n 446/08) state aid for energy-intensive businesses under the green electricity act in austria (oj l 235, 10.9.2011, p. 42). (50) oj c 83, 7.4.2009, p. 1.

name: council decision (eu) 2017/1793 of 15 september 2017 amending decision (eu) 2017/1792 on the signing, on behalf of the union, and provisional application of the bilateral agreement between the european union and the united states of america on prudential measures regarding insurance and reinsurance type: decision subject matter: information and information processing; international affairs; insurance; european construction; america; trade policy date published: 2017-10-06 6.10.2017 en official journal of the european union l 258/3 council decision (eu) 2017/1793 of 15 september 2017 amending decision (eu) 2017/1792 on the signing, on behalf of the union, and provisional application of the bilateral agreement between the european union and the united states of america on prudential measures regarding insurance and reinsurance the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 114 read in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 21 april 2015, the council authorised the commission to open negotiations with the united states of america for an agreement on reinsurance. the negotiations were successfully concluded by an exchange of letters between the lead negotiators on 12 january 2017. (2) the agreement should be signed on behalf of the european union in english, subject to its conclusion at a later date. for this purpose, decision (eu) 2017/1792 (1) should be amended accordingly, has adopted this decision: article 1 decision (eu) 2017/1792 is amended as follows: (1) article 2 is replaced by the following: article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union as well as the exchange of letters between the european union and the united states of america concerning language arrangements. the signature of the agreement shall take place together with the signature of the exchange of letters.; (2) the following article is inserted: article 3a the agreement shall be signed in english. pursuant to union law, the agreement is also drawn up by the union in the bulgarian, croatian, czech, danish, dutch, estonian, finnish, french, german, greek, hungarian, italian, latvian, lithuanian, maltese, polish, portuguese, romanian, slovak, slovenian, spanish and swedish languages. these additional language versions should be authenticated by an exchange of diplomatic notes between the european union and the united states of america. all authenticated versions shall be of equal value. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 15 september 2017. for the council the president m. maasikas (1) council decision (eu) 2017/1792 of 29 may 2017 on the signing, on behalf of the union, and provisional application of the bilateral agreement between the european union and the united states of america on prudential measures regarding insurance and reinsurance (see page 1 of this official journal).

name: council decision (eu) 2017/1790 of 25 september 2017 on the position to be taken, on behalf of the european union, within the cooperation council established by the partnership and cooperation agreement between the european communities and their member states, of the one part, and the republic of armenia, of the other part, with regard to the adoption of the eu-armenia partnership priorities type: decision subject matter: european construction; cooperation policy; europe date published: 2017-10-04 4.10.2017 en official journal of the european union l 256/9 council decision (eu) 2017/1790 of 25 september 2017 on the position to be taken, on behalf of the european union, within the cooperation council established by the partnership and cooperation agreement between the european communities and their member states, of the one part, and the republic of armenia, of the other part, with regard to the adoption of the eu-armenia partnership priorities the council of the european union, having regard to the treaty on european union, and in particular article 37 thereof, having regard to the treaty on the functioning of the european union, and in particular articles 207 and 209, in conjunction with article 218(9) thereof, having regard to the proposal from the european commission and the high representative of the union for foreign affairs and security policy, whereas: (1) the partnership and cooperation agreement between the european communities and their member states, of the one part, and the republic of armenia, of the other part (1) (the agreement), was signed on 22 april 1996 and entered into force on 1 july 1999. (2) in accordance with article 78 of the agreement, the cooperation council established by the agreement may make appropriate recommendations to attain the objectives of the agreement. (3) the parties have agreed to establish partnership priorities with a view to providing guidance and focus for their joint work on a sector-by-sector basis. (4) the partnership priorities will be adopted by the cooperation council. (5) the position of the union within the cooperation council with regard to the adoption of the eu-armenia partnership priorities is to be adopted by the council, has adopted this decision: article 1 the position to be taken, on behalf of the union, within the cooperation council established by the partnership and cooperation agreement between the european communities and their member states, of the one part, and the republic of armenia, of the other part, with regard to the adoption of the eu-armenia partnership priorities, shall be based on the draft recommendation of the cooperation council, as attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 25 september 2017. for the council the president m. maasikas (1) oj l 239, 9.9.1999, p. 3. draft recommendation no /2017 of the eu-armenia cooperation council of on the eu-armenia partnership priorities the eu-armenia cooperation council, having regard to the partnership and cooperation agreement between the european communities and their member states, of the one part, and the republic of armenia, of the other part, and in particular article 78 thereof, whereas: (1) the partnership and cooperation agreement between the european communities and their member states, of the one part, and the republic of armenia, of the other part (1) (the agreement), was signed on 22 april 1996 and entered into force on 1 july 1999. (2) in accordance with article 78 of the agreement, the cooperation council may make appropriate recommendations to attain the objectives of the agreement. (3) pursuant to article 95(1) of the agreement, the parties are to take any general or specific measures required to fulfil their obligations under the agreement and are to see to it that the objectives set out in the agreement are attained. (4) the review of the european neighbourhood policy proposed a new phase of engagement with partners, allowing a greater sense of ownership by both sides. (5) the union and armenia have agreed to consolidate their partnership by agreeing on a set of priorities for the period 2017-2020 with the aim of supporting and strengthening the resilience and stability of armenia. (6) the parties to the agreement have therefore agreed on the text of the eu-armenia partnership priorities, which will support the implementation of the agreement, focusing cooperation on commonly identified shared interests, has adopted the following recommendation: article 1 the cooperation council recommends that the parties implement the eu-armenia partnership priorities, as set out in the annex. article 2 this recommendation shall take effect on the date of its adoption. done at brussels, . for the cooperation council the chair (1) oj eu l 239, 9.9.1999, p. 3.

name: political and security committee decision (cfsp) 2017/1780 of 18 september 2017 on the appointment of the head of mission of the european union csdp mission in mali (eucap sahel mali) (eucap sahel mali/1/2017) type: decision subject matter: africa; eu institutions and european civil service; european construction; international security date published: 2017-09-30 30.9.2017 en official journal of the european union l 253/37 political and security committee decision (cfsp) 2017/1780 of 18 september 2017 on the appointment of the head of mission of the european union csdp mission in mali (eucap sahel mali) (eucap sahel mali/1/2017) the political and security committee, having regard to the treaty on european union, and in particular the third paragraph of article 38 thereof, having regard to council decision 2014/219/cfsp of 15 april 2014 on the european union csdp mission in mali (eucap sahel mali) (1), and in particular article 7(1) thereof, whereas: (1) pursuant to decision 2014/219/cfsp, the political and security committee (psc) is authorised, in accordance with the third paragraph of article 38 of the treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the eucap sahel mali mission, including the decision to appoint a head of mission. (2) on 26 may 2014, the psc adopted decision eucap sahel mali/1/2014 (2), appointing mr albrecht conze as head of mission of eucap sahel mali from 26 may 2014 to 14 january 2015. (3) the mandate of mr albrecht conze as head of mission of eucap sahel mali has been extended several times, most recently by psc decision eucap sahel mali/2/2016 (3), which extended his mandate as head of mission of eucap sahel mali until 14 july 2017. (4) on 15 september 2017, the high representative of the union for foreign affairs and security policy proposed the appointment of mr philippe rio as head of mission of eucap sahel mali from 1 october 2017 to 14 january 2018, has adopted this decision: article 1 mr philippe rio is hereby appointed as head of mission of the european union csdp mission in mali (eucap sahel mali) from 1 october 2017 to 14 january 2018. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 18 september 2017. for the political and security committee the chairperson w. stevens (1) oj l 113, 16.4.2014, p. 21. (2) political and security committee decision 2014/310/cfsp of 26 may 2014 on the appointment of the head of mission of the european union csdp mission in mali (eucap sahel mali) (eucap sahel mali/1/2014) (oj l 164, 3.6.2014, p. 43). (3) political and security committee decision (cfsp) 2016/2381 of 14 december 2016 extending the mandate of the head of mission of the european union csdp mission in mali (eucap sahel mali) (eucap sahel mali/2/2016) (oj l 352, 23.12.2016, p. 59).

name: council decision (eu) 2017/1779 of 29 may 2017 on the position to be taken on behalf of the european union within the association council set up by the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the arab republic of egypt, of the other part, with regard to the adoption of a recommendation on the eu-egypt partnership priorities type: decision subject matter: regions and regional policy; european construction; africa; cooperation policy date published: 2017-09-30 30.9.2017 en official journal of the european union l 253/34 council decision (eu) 2017/1779 of 29 may 2017 on the position to be taken on behalf of the european union within the association council set up by the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the arab republic of egypt, of the other part, with regard to the adoption of a recommendation on the eu-egypt partnership priorities the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 217, in conjunction with article 218(9) thereof, having regard to the proposal from the european commission and the high representative of the union for foreign affairs and security policy, whereas: (1) the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the arab republic of egypt, of the other part (1) (hereinafter referred to as the agreement) was signed on 25 june 2001 and entered into force on 1 june 2004. (2) a joint communication by the high representative of the union for foreign affairs and security policy and by the european commission of 18 november 2015 on the review of the european neighbourhood policy was welcomed in the council conclusions of 14 december 2015, where, inter alia, the council confirmed the intention to start a new phase of engagement with partners in 2016 which could lead to the setting of new partnership priorities, where appropriate, focused on agreed priorities and interests. (3) the union and egypt have agreed to consolidate their partnership by agreeing on a set of priorities for the period 2017-2020 with the aim of addressing common challenges facing the union and egypt, to promote joint interests and to guarantee long-term stability on both sides of the mediterranean. (4) the eu-egypt partnership priorities are guided by a shared commitment to the universal values of democracy, the rule of law and the respect for human rights. (5) the position of the union within the association council set up by the agreement should therefore be based on the draft recommendation of the association council attached to this decision, has adopted this decision: article 1 the position to be taken on behalf of the european union within the association council set up by the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the arab republic of egypt, of the other part, with regard to the adoption of the eu-egypt partnership priorities shall be based on the draft recommendation of the association council attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 29 may 2017. for the council the president c. cardona (1) euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the arab republic of egypt, of the other part (oj l 304, 30.9.2004, p. 39). draft recommendation no 1/2017 of the eu-egypt association council of agreeing on the eu-egypt partnership priorities the eu-egypt association council, having regard to the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the arab republic of egypt, of the other part, and in particular article 76 thereof, whereas: (1) the euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the arab republic of egypt, of the other part (1) (hereinafter referred to as the agreement) was signed on 25 june 2001 and entered into force on 1 june 2004. (2) article 76 of the agreement gives the association council the power to take appropriate decisions, for the purposes of attaining the objectives of the agreement. (3) in accordance with article 86 of the agreement, the parties are to take any general or specific measures required to fulfil their obligations under the agreement and shall see to it that the objectives set out in the agreement are attained. (4) the review of the european neighbourhood policy proposed a new phase of engagement with partners, allowing for a greater sense of ownership by both sides. (5) the union and egypt have agreed to consolidate their partnership by agreeing on a set of priorities for the period 2017-2020 with the aim of addressing common challenges facing the union and egypt, to promote joint interests and to guarantee long-term stability on both sides of the mediterranean, hereby recommends: article 1 the association council recommends that the parties implement the eu-egypt partnership priorities as set out in the annex. article 2 the eu-egypt partnership priorities referred to in article 1 replace the eu-egypt action plan, whose implementation was recommended by recommendation no 1/2007 of the association council, of 6 march 2007. article 3 this recommendation shall enter into force on the date of its adoption. done at , for the association council the chair (1) euro-mediterranean agreement establishing an association between the european community and its member states, of the one part, and the arab republic of egypt, of the other part (oj l 304, 30.9.2004, p. 39).

name: decision (eu, euratom) 2017/1614 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the innovation and networks executive agency for the financial year 2015 type: decision subject matter: european construction; eu institutions and european civil service; budget; research and intellectual property; eu finance; organisation of transport date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/111 decision (eu, euratom) 2017/1614 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the innovation and networks executive agency for the financial year 2015 the european parliament, having regard to the general budget of the european union for the financial year 2015 (1), having regard to the consolidated annual accounts of the european union for the financial year 2015 (com(2016) 475 c8-0269/2016) (2), having regard to the final annual accounts of the innovation and networks executive agency for the financial year 2015 (3), having regard to the commission's report on the follow-up to the discharge for the 2014 financial year (com(2016) 674), and to the accompanying commission staff working documents (swd(2016) 338, swd(2016) 339), having regard to the commission's annual report to the discharge authority on internal audits carried out in 2015 (com(2016) 628), and to the accompanying commission staff working document (swd(2016) 322), having regard to the court of auditors' report on the annual accounts of the innovation and networks executive agency for the financial year 2015, together with the agency's reply (4), having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2015 (05874/2017 c8-0038/2017), having regard to articles 317, 318 and 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (6) and in particular articles 62, 164, 165 and 166 thereof, having regard to council regulation (ec) no 58/2003 of 19 december 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (7), and in particular article 14(3) thereof, having regard to commission regulation (ec) no 1653/2004 of 21 september 2004 on a standard financial regulation for the executive agencies pursuant to council regulation (ec) no 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (8), and in particular the first and second paragraphs of article 66 thereof, having regard to commission implementing decision 2013/801/eu of 23 december 2013 establishing the innovation and networks executive agency and repealing decision 2007/60/ec as amended by decision 2008/593/ec (9), having regard to rule 93 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinions of the other committees concerned (a8-0150/2017), a. whereas, under article 17(1) of the treaty on european union, the commission is to execute the budget and manage programmes and, pursuant to article 317 of the treaty on the functioning of the european union, is to implement the budget in cooperation with the member states, on its own responsibility, having regard to the principles of sound financial management; 1. grants the director of the innovation and networks executive agency discharge in respect of the implementation of the agency's budget for the financial year 2015; 2. sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the european union for the financial year 2015, section iii commission and executive agencies, and in its resolution of 27 april 2017 on the court of auditors' special reports in the context of the commission discharge for the financial year 2015 (10); 3. instructs its president to forward this decision, the decision on discharge in respect of the implementation of the general budget of the european union for the financial year 2015, section iii commission and the resolution forming an integral part of those decisions, to the director of the innovation and networks executive agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj l 69, 13.3.2015. (2) oj c 380, 14.10.2016, p. 1. (3) oj c 417, 11.11.2016, p. 11. (4) oj c 449, 1.12.2016, p. 219. (5) oj c 380, 14.10.2016, p. 147. (6) oj l 298, 26.10.2012, p. 1. (7) oj l 11, 16.1.2003, p. 1. (8) oj l 297, 22.9.2004, p. 6. (9) oj l 352, 24.12.2013, p. 65. (10) texts adopted of that date, p8_ta(2017)0144 (see page 66 of this official journal).

name: decision (eu) 2017/1684 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european monitoring centre for drugs and drug addiction for the financial year 2015 type: decision subject matter: eu finance; eu institutions and european civil service; budget date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/257 decision (eu) 2017/1684 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european monitoring centre for drugs and drug addiction for the financial year 2015 the european parliament, having regard to the final annual accounts of the european monitoring centre for drugs and drug addiction for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european monitoring centre for drugs and drug addiction for the financial year 2015, together with the centre's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0051/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 1920/2006 of the european parliament and of the council of 12 december 2006 on the european monitoring centre for drugs and drug addiction (4), and in particular article 15 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0099/2017), 1. grants the director of the european monitoring centre for drugs and drug addiction discharge in respect of the implementation of the centre's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european monitoring centre for drugs and drug addiction, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 128. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 376, 27.12.2006, p. 1. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1681 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european medicines agency for the financial year 2015 type: decision subject matter: budget; eu institutions and european civil service; eu finance date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/250 decision (eu) 2017/1681 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european medicines agency for the financial year 2015 the european parliament, having regard to the final annual accounts of the european medicines agency for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european medicines agency for the financial year 2015, together with the agency's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0055/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 726/2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency (4), and in particular article 68 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on the environment, public health and food safety (a8-0084/2017), 1. grants the executive director of the european medicines agency discharge in respect of the implementation of the agency's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european medicines agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 123. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 136, 30.4.2004, p. 1. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu, euratom) 2017/1710 of the european parliament of 27 april 2017 on the closure of the accounts of the euratom supply agency for the financial year 2015 type: decision subject matter: budget; european construction; eu finance; accounting date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/302 decision (eu, euratom) 2017/1710 of the european parliament of 27 april 2017 on the closure of the accounts of the euratom supply agency for the financial year 2015 the european parliament, having regard to the final annual accounts of the euratom supply agency for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the euratom supply agency for the financial year 2015, together with the agency's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0069/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 1(2) thereof, having regard to council decision 2008/114/ec, euratom of 12 february 2008 establishing statutes for the euratom supply agency (4), and in particular article 8 of the annex thereto, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0126/2017), 1. approves the closure of the accounts of the euratom supply agency for the financial year 2015; 2. instructs its president to forward this decision to the director-general of the euratom supply agency, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 184. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 41, 15.2.2008, p. 15.

name: decision (eu) 2017/1618 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the general budget of the european union for the financial year 2015, section v court of auditors type: decision subject matter: eu finance; eu institutions and european civil service; budget date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/120 decision (eu) 2017/1618 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the general budget of the european union for the financial year 2015, section v court of auditors the european parliament, having regard to the general budget of the european union for the financial year 2015 (1), having regard to the consolidated annual accounts of the european union for the financial year 2015 (com(2016) 475 c8-0273/2016) (2), having regard to the court of auditors' annual report on the implementation of the budget concerning the financial year 2015, together with the institutions' replies (3), having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to article 314(10) and articles 317, 318 and 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (5), and in particular articles 55, 99, 164, 165 and 166 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0151/2017), 1. grants the secretary-general of the court of auditors discharge in respect of the implementation of the budget of the court of auditors for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the court of auditors, the european council, the council, the commission, the court of justice of the european union, the european ombudsman, the european data protection supervisor and the european external action service, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj l 69, 13.3.2015. (2) oj c 380, 14.10.2016, p. 1. (3) oj c 375, 13.10.2016, p. 1. (4) oj c 380, 14.10.2016, p. 147. (5) oj l 298, 26.10.2012, p. 1.

name: decision (eu) 2017/1696 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european securities and markets authority for the financial year 2015 type: decision subject matter: eu finance; free movement of capital; eu institutions and european civil service; budget date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/278 decision (eu) 2017/1696 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european securities and markets authority for the financial year 2015 the european parliament, having regard to the final annual accounts of the european securities and markets authority for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european securities and markets authority for the financial year 2015, together with the authority's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the authority in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0074/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (eu) no 1095/2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority (european securities and markets authority), amending decision no 716/2009/ec and repealing commission decision 2009/77/ec (4), and in particular article 64 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on economic and monetary affairs (a8-0124/2017), 1. grants the executive director of the european securities and markets authority discharge in respect of the implementation of the authority's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european securities and markets authority, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 162. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 331, 15.12.2010, p. 84. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu, euratom) 2017/1708 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the euratom supply agency for the financial year 2015 type: decision subject matter: budget; eu finance; european construction date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/300 decision (eu, euratom) 2017/1708 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the euratom supply agency for the financial year 2015 the european parliament, having regard to the final annual accounts of the euratom supply agency for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the euratom supply agency for the financial year 2015, together with the agency's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0069/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 1(2) thereof, having regard to council decision 2008/114/ec, euratom of 12 february 2008 establishing statutes for the euratom supply agency (4), and in particular article 8 of the annex thereto, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0126/2017), 1. grants the director-general of the euratom supply agency discharge in respect of the implementation of the agency's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director-general of the euratom supply agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 184. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 41, 15.2.2008, p. 15.

name: decision (eu) 2017/1639 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the translation centre for the bodies of the european union for the financial year 2015 type: decision subject matter: eu institutions and european civil service; budget; eu finance date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/171 decision (eu) 2017/1639 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the translation centre for the bodies of the european union for the financial year 2015 the european parliament, having regard to the final annual accounts of the translation centre for the bodies of the european union for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the translation centre for the bodies of the european union for the financial year 2015, together with the centre's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0054/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council regulation (ec) no 2965/94 of 28 november 1994 setting up a translation centre for bodies of the european union (4), and in particular article 14 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0075/2017), 1. grants the director of the translation centre for the bodies of the european union discharge in respect of the implementation of the centre's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the translation centre for the bodies of the european union, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 27. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 314, 7.12.1994, p. 1. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1635 of the european parliament of 27 april 2017 on the closure of the accounts of the agency for the cooperation of energy regulators for the financial year 2015 type: decision subject matter: budget; eu finance; eu institutions and european civil service; accounting date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/165 decision (eu) 2017/1635 of the european parliament of 27 april 2017 on the closure of the accounts of the agency for the cooperation of energy regulators for the financial year 2015 the european parliament, having regard to the final annual accounts of the agency for the cooperation of energy regulators for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the agency for the cooperation of energy regulators for the financial year 2015, together with the agency's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0075/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 713/2009 of the european parliament and of the council of 13 july 2009 establishing an agency for the cooperation of energy regulators (4), and in particular article 24 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0147/2017), 1. approves the closure of the accounts of the agency for the cooperation of energy regulators for the financial year 2015; 2. instructs its president to forward this decision to the director of the agency for the cooperation of energy regulators, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 17. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 211, 14.8.2009, p. 1. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1656 of the european parliament of 27 april 2017 on the closure of the accounts of the european banking authority for the financial year 2015 type: decision subject matter: budget; eu finance; financial institutions and credit; eu institutions and european civil service; accounting date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/203 decision (eu) 2017/1656 of the european parliament of 27 april 2017 on the closure of the accounts of the european banking authority for the financial year 2015 the european parliament, having regard to the final annual accounts of the european banking authority for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european banking authority for the financial year 2015, together with the authority's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the authority in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0072/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (eu) no 1093/2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority (european banking authority), amending decision no 716/2009/ec and repealing commission decision 2009/78/ec (4), and in particular article 64 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on economic and monetary affairs (a8-0079/2017), 1. approves the closure of the accounts of the european banking authority for the financial year 2015; 2. instructs its president to forward this decision to the executive director of the european banking authority, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 72. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 331, 15.12.2010, p. 12. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1657 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european centre for disease prevention and control for the financial year 2015 type: decision subject matter: budget; eu finance; eu institutions and european civil service date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/204 decision (eu) 2017/1657 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european centre for disease prevention and control for the financial year 2015 the european parliament, having regard to the final annual accounts of the european centre for disease prevention and control for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european centre for disease prevention and control for the financial year 2015, together with the centre's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0061/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 851/2004 of the european parliament and of the council of 21 april 2004 establishing a european centre for disease prevention and control (4), and in particular article 23 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on the environment, public health and food safety (a8-0082/2017), 1. grants the director of the european centre for disease prevention and control discharge in respect of the implementation of the centre's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the director of the european centre for disease prevention and control, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 77. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 142, 30.4.2004, p. 1. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1741 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the innovative medicines initiative 2 joint undertaking for the financial year 2015 type: decision subject matter: budget; eu institutions and european civil service; health; eu finance; research and intellectual property date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/356 decision (eu) 2017/1741 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the innovative medicines initiative 2 joint undertaking for the financial year 2015 the european parliament, having regard to the final annual accounts of the innovative medicines initiative 2 joint undertaking for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the innovative medicines initiative 2 joint undertaking for the financial year 2015, together with the joint undertaking's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2015 (05875/2017 c8-0089/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 209 thereof, having regard to council regulation (eu) no 557/2014 of 6 may 2014 establishing the innovative medicines initiative 2 joint undertaking (4), and in particular article 12 thereof, having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0083/2017), 1. grants the executive director of th innovative medicines initiative 2 joint undertaking discharge in respect of the implementation of the joint undertaking's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the executive director of the innovative medicines initiative 2 joint undertaking, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 473, 16.12.2016, p. 57. (2) oj c 473, 16.12.2016, p. 58. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 169, 7.6.2014, p. 54. (5) oj l 38, 7.2.2014, p. 2.

name: decision (eu) 2017/1726 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european gnss agency for the financial year 2015 type: decision subject matter: eu finance; budget; eu institutions and european civil service date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/331 decision (eu) 2017/1726 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european gnss agency for the financial year 2015 the european parliament, having regard to the final annual accounts of the european gnss agency for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european gnss agency for the financial year 2015, together with the agency's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0066/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (eu) no 912/2010 of the european parliament and of the council of 22 september 2010 setting up the european gnss agency, repealing council regulation (ec) no 1321/2004 on the establishment of structures for the management of the european satellite radio navigation programmes and amending regulation (ec) no 683/2008 of the european parliament and of the council (4), and in particular article 14 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0148/2017), 1. grants the executive director of the european gnss agency discharge in respect of the implementation of the agency's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european gnss agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 214. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 276, 20.10.2010, p. 11. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1743 of the european parliament of 27 april 2017 on the closure of the accounts of the innovative medicines initiative 2 joint undertaking for the financial year 2015 type: decision subject matter: eu institutions and european civil service; budget; health; eu finance; research and intellectual property; accounting date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/360 decision (eu) 2017/1743 of the european parliament of 27 april 2017 on the closure of the accounts of the innovative medicines initiative 2 joint undertaking for the financial year 2015 the european parliament, having regard to the final annual accounts of the innovative medicines initiative 2 joint undertaking for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the innovative medicines initiative 2 joint undertaking for the financial year 2015, together with the joint undertaking's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2015 (05875/2017 c8-0089/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 209 thereof, having regard to council regulation (eu) no 557/2014 of 6 may 2014 establishing the innovative medicines initiative 2 joint undertaking (4), and in particular article 12 thereof, having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0083/2017), 1. approves the closure of the accounts of the innovative medicines initiative 2 joint undertaking for the financial year 2015; 2. instructs its president to forward this decision to the executive director of the innovative medicines initiative 2 joint undertaking, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 473, 16.12.2016, p. 57. (2) oj c 473, 16.12.2016, p. 58. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 169, 7.6.2014, p. 54. (5) oj l 38, 7.2.2014, p. 2.

name: decision (eu) 2017/1732 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the clean sky 2 joint undertaking for the financial year 2015 type: decision subject matter: eu institutions and european civil service; budget; mechanical engineering; eu finance date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/341 decision (eu) 2017/1732 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the clean sky 2 joint undertaking for the financial year 2015 the european parliament, having regard to the final annual accounts of the clean sky 2 joint undertaking for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the clean sky 2 joint undertaking for the financial year 2015, together with the joint undertaking's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2015 (05875/2017 c8-0087/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 209 thereof, having regard to council regulation (eu) no 558/2014 of 6 may 2014 establishing the clean sky 2 joint undertaking (4), and in particular article 12 thereof, having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0094/2017), 1. grants the executive director of the clean sky 2 joint undertaking discharge in respect of the implementation of the joint undertaking's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the executive director of the clean sky 2 joint undertaking, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 473, 16.12.2016, p. 15. (2) oj c 473, 16.12.2016, p. 17. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 169, 7.6.2014, p. 77. (5) oj l 38, 7.2.2014, p. 2.

name: decision (eu) 2017/1641 of the european parliament of 27 april 2017 on the closure of the accounts of the translation centre for the bodies of the european union for the financial year 2015 type: decision subject matter: accounting; eu finance; eu institutions and european civil service; budget date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/175 decision (eu) 2017/1641 of the european parliament of 27 april 2017 on the closure of the accounts of the translation centre for the bodies of the european union for the financial year 2015 the european parliament, having regard to the final annual accounts of the translation centre for the bodies of the european union for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the translation centre for the bodies of the european union for the financial year 2015, together with the centre's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the centre in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0054/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council regulation (ec) no 2965/94 of 28 november 1994 setting up a translation centre for bodies of the european union (4), and in particular article 14 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0075/2017), 1. approves the closure of the accounts of the translation centre for the bodies of the european union for the financial year 2015; 2. instructs its president to forward this decision to the director of the translation centre for the bodies of the european union, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 27. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 314, 7.12.1994, p. 1. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1719 of the european parliament of 27 april 2017 on the closure of the accounts of the european police office (europol) for the financial year 2015 type: decision subject matter: accounting; eu finance; european construction; budget date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/318 decision (eu) 2017/1719 of the european parliament of 27 april 2017 on the closure of the accounts of the european police office (europol) for the financial year 2015 the european parliament, having regard to the final annual accounts of the european police office for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european police office for the financial year 2015, together with the office's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the office in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0070/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council decision 2009/371/jha of 6 april 2009 establishing the european police office (europol) (4), and in particular article 43 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0107/2017), 1. approves the closure of the accounts of the european police office for the financial year 2015; 2. instructs its president to forward this decision to the director of the european police office, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 198. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 121, 15.5.2009, p. 37. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1663 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european environment agency for the financial year 2015 type: decision subject matter: eu finance; budget; eu institutions and european civil service date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/215 decision (eu) 2017/1663 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the european environment agency for the financial year 2015 the european parliament, having regard to the final annual accounts of the european environment agency for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european environment agency for the financial year 2015, together with the agency's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0052/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to regulation (ec) no 401/2009 of the european parliament and of the council of 23 april 2009 on the european environment agency and the european environment information and observation network (4), and in particular article 13 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on the environment, public health and food safety (a8-0085/2017), 1. grants the executive director of the european environment agency discharge in respect of the implementation of the agency's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the executive director of the european environment agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 87. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 126, 21.5.2009, p. 13. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1731 of the european parliament of 27 april 2017 on the closure of the accounts of the bio-based industries joint undertaking for the financial year 2015 type: decision subject matter: eu institutions and european civil service; budget; technology and technical regulations; eu finance; accounting date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/340 decision (eu) 2017/1731 of the european parliament of 27 april 2017 on the closure of the accounts of the bio-based industries joint undertaking for the financial year 2015 the european parliament, having regard to the final annual accounts of the bio-based industries joint undertaking for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the bio-based industries joint undertaking for the financial year 2015, together with the joint undertaking's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the joint undertaking in respect of the implementation of the budget for the financial year 2015 (05875/2017 c8-0088/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 209 thereof, having regard to council regulation (eu) no 560/2014 of 6 may 2014 establishing the bio-based industries joint undertaking (4), and in particular article 12 thereof, having regard to commission delegated regulation (eu) no 110/2014 of 30 september 2013 on the model financial regulation for public-private partnership bodies referred to in article 209 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control (a8-0103/2017), 1. approves the closure of the accounts of the bio-based industries joint undertaking for the financial year 2015; 2. instructs its president to forward this decision to the executive director of the bio-based industries joint undertaking, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 473, 16.12.2016, p. 7. (2) oj c 473, 16.12.2016, p. 8. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 169, 7.6.2014, p. 130. (5) oj l 38, 7.2.2014, p. 2.

name: decision (eu, euratom) 2017/1611 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the consumers, health, agriculture and food executive agency for the financial year 2015 type: decision subject matter: budget; health; eu institutions and european civil service; consumption; foodstuff; eu finance; economic structure date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/105 decision (eu, euratom) 2017/1611 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of the consumers, health, agriculture and food executive agency for the financial year 2015 the european parliament, having regard to the general budget of the european union for the financial year 2015 (1), having regard to the consolidated annual accounts of the european union for the financial year 2015 (com(2016)475 c8-0269/2016) (2), having regard to the final annual accounts of the consumers, health, agriculture and food executive agency for the financial year 2015 (3), having regard to the commission's report on the follow-up to the discharge for the 2014 financial year (com(2016)674), and to the accompanying commission staff working documents (swd(2016)338, swd(2016)339), having regard to the commission's annual report to the discharge authority on internal audits carried out in 2015 (com(2016)628), and to the accompanying commission staff working document (swd(2016)322), having regard to the court of auditors' report on the annual accounts of the consumers, health, agriculture and food executive agency for the financial year 2015, together with the agency's reply (4), having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2015 (05874/2017 c8-0038/2017), having regard to articles 317, 318 and 319 of the treaty on the functioning of the european union, having regard to article 106a of the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (6) and in particular articles 62, 164, 165 and 166 thereof, having regard to council regulation (ec) no 58/2003 of 19 december 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (7), and in particular article 14(3) thereof, having regard to commission regulation (ec) no 1653/2004 of 21 september 2004 on a standard financial regulation for the executive agencies pursuant to council regulation (ec) no 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of community programmes (8), and in particular the first and second paragraphs of article 66 thereof, having regard to commission implementing decision 2013/770/eu of 17 december 2013 establishing the consumers, health and food executive agency and repealing decision 2004/858/ec (9), having regard to commission implementing decision 2014/927/eu of 17 december 2014 amending implementing decision 2013/770/eu in order to transform the consumers, health and food executive agency into the consumers, health, agriculture and food executive agency (10), having regard to rule 93 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinions of the other committees concerned (a8-0150/2017), a. whereas, under article 17(1) of the treaty on european union, the commission is to execute the budget and manage programmes and, pursuant to article 317 of the treaty on the functioning of the european union, is to implement the budget in cooperation with the member states, on its own responsibility, having regard to the principles of sound financial management; 1. grants the director of the consumers, health, agriculture and food executive agency discharge in respect of the implementation of the agency's budget for the financial year 2015; 2. sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the european union for the financial year 2015, section iii commission and executive agencies, and in its resolution of 27 april 2017 on the court of auditors' special reports in the context of the commission discharge for the financial year 2015 (11); 3. instructs its president to forward this decision, the decision on discharge in respect of the implementation of the general budget of the european union for the financial year 2015, section iii commission and the resolution forming an integral part of those decisions, to the director of the consumers, health, agriculture and food executive agency, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj l 69, 13.3.2015. (2) oj c 380, 14.10.2016, p. 1. (3) oj c 417, 11.11.2016, p. 2. (4) oj c 449, 1.12.2016, p. 41. (5) oj c 380, 14.10.2016, p. 147. (6) oj l 298, 26.10.2012, p. 1. (7) oj l 11, 16.1.2003, p. 1. (8) oj l 297, 22.9.2004, p. 6. (9) oj l 341, 18.12.2013, p. 69. (10) oj l 363, 18.12.2014, p. 183. (11) texts adopted of that date, p8_ta(2017)0144 (see page 66 of this official journal).

name: decision (eu) 2017/1722 of the european parliament of 27 april 2017 on the closure of the accounts of the european union agency for fundamental rights for the financial year 2015 type: decision subject matter: budget; accounting; eu institutions and european civil service; eu finance date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/323 decision (eu) 2017/1722 of the european parliament of 27 april 2017 on the closure of the accounts of the european union agency for fundamental rights for the financial year 2015 the european parliament, having regard to the final annual accounts of the european union agency for fundamental rights for the financial year 2015, having regard to the court of auditors' report on the annual accounts of the european union agency for fundamental rights for the financial year 2015, together with the agency's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council recommendation of 21 february 2017 on discharge to be given to the agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0050/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council regulation (ec) no 168/2007 of 15 february 2007 establishing a european union agency for fundamental rights (4), and in particular article 21 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0146/2017), 1. approves the closure of the accounts of the european union agency for fundamental rights for the financial year 2015; 2. instructs its president to forward this decision to the director of the european union agency for fundamental rights, the council, the commission and the court of auditors, and to arrange for its publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 203. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 53, 22.2.2007, p. 1. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1714 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of eurojust for the financial year 2015 type: decision subject matter: eu finance; budget; european construction date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/308 decision (eu) 2017/1714 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the budget of eurojust for the financial year 2015 the european parliament, having regard to the final annual accounts of eurojust for the financial year 2015, having regard to the court of auditors' report on the annual accounts of eurojust for the financial year 2015, together with eurojust's reply (1), having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to the council's recommendation of 21 february 2017 on discharge to be given to eurojust in respect of the implementation of the budget for the financial year 2015 (05873/2017 c8-0056/2017), having regard to article 319 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (3), and in particular article 208 thereof, having regard to council decision 2002/187/jha of 28 february 2002 setting up eurojust with a view to reinforcing the fight against serious crime (4), and in particular article 36 thereof, having regard to commission delegated regulation (eu) no 1271/2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5), and in particular article 108 thereof, having regard to rule 94 of and annex iv to its rules of procedure, having regard to the report of the committee on budgetary control and the opinion of the committee on civil liberties, justice and home affairs (a8-0129/2017), 1. grants the administrative director of eurojust discharge in respect of the implementation of eurojust's budget for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision, and the resolution forming an integral part of it, to the administrative director of eurojust, the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj c 449, 1.12.2016, p. 193. (2) see footnote 1. (3) oj l 298, 26.10.2012, p. 1. (4) oj l 63, 6.3.2002, p. 1. (5) oj l 328, 7.12.2013, p. 42.

name: decision (eu) 2017/1602 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the general budget of the european union for the financial year 2015, section i european parliament type: decision subject matter: eu institutions and european civil service; budget; eu finance date published: 2017-09-29 29.9.2017 en official journal of the european union l 252/1 decision (eu) 2017/1602 of the european parliament of 27 april 2017 on discharge in respect of the implementation of the general budget of the european union for the financial year 2015, section i european parliament the european parliament, having regard to the general budget of the european union for the financial year 2015 (1), having regard to the consolidated annual accounts of the european union for the financial year 2015 (com(2016) 475 c8-0270/2016) (2), having regard to the report on budgetary and financial management for the financial year 2015, section i european parliament (3), having regard to the internal auditor's annual report for the financial year 2015, having regard to the court of auditors' annual report on the implementation of the budget for the financial year 2015, together with the institutions' replies (4), having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the court of auditors for the financial year 2015, pursuant to article 287 of the treaty on the functioning of the european union, having regard to article 314(10) and article 318 of the treaty on the functioning of the european union, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (6), and in particular articles 164, 165 and 166 thereof, having regard to the bureau decision of 16 june 2014 on the internal rules on the implementation of the european parliament's budget (7), and in particular article 22 thereof, having regard to rule 94 and rule 98(3) of, and annex iv to, its rules of procedure, having regard to the report of the committee on budgetary control (a8-0153/2017), a. whereas the president adopted parliament's accounts for the financial year 2015 on 4 july 2016; b. whereas the secretary-general, as principal authorising officer by delegation, certified, on 24 june 2016, his reasonable assurance that the resources assigned for parliament's budget have been used for their intended purpose, in accordance with the principles of sound financial management and that the control procedures established give the necessary guarantees concerning the legality and regularity of the underlying transactions; c. whereas the audit of the court of auditors stated that, in its specific assessment of administrative and other expenditure in 2015, it did not identify any serious weaknesses in the examined annual activity reports and internal control systems of the institutions and bodies required by regulation (eu, euratom) no 966/2012; d. whereas article 166(1) of regulation (eu, euratom) no 966/2012 requires each union institution to take all appropriate steps to act on the observations accompanying parliament's discharge decision; 1. grants its president discharge in respect of the implementation of the budget of the european parliament for the financial year 2015; 2. sets out its observations in the resolution below; 3. instructs its president to forward this decision and the resolution forming an integral part of it to the council, the commission and the court of auditors, and to arrange for their publication in the official journal of the european union (l series). the president antonio tajani the secretary-general klaus welle (1) oj l 69, 13.3.2015. (2) oj c 380, 14.10.2016, p. 1. (3) oj c 354, 27.9.2016, p. 1. (4) oj c 375, 13.10.2016, p. 1. (5) oj c 375, 13.10.2016, p. 10. (6) oj l 298, 26.10.2012, p. 1. (7) pe 422.541/bur.

name: council implementing decision (cfsp) 2017/1754 of 25 september 2017 implementing decision 2013/255/cfsp concerning restrictive measures against syria type: decision_impl subject matter: international affairs; civil law; asia and oceania date published: 2017-09-26 26.9.2017 en official journal of the european union l 246/7 council implementing decision (cfsp) 2017/1754 of 25 september 2017 implementing decision 2013/255/cfsp concerning restrictive measures against syria the council of the european union, having regard to the treaty on european union, and in particular article 31(2) thereof, having regard to council decision 2013/255/cfsp of 31 may 2013 concerning restrictive measures against syria (1), and in particular article 30(1) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 may 2013, the council adopted decision 2013/255/cfsp. (2) the information relating to four persons and one entity set out in annex i to decision 2013/255/cfsp should be updated. (3) annex i to decision 2013/255/cfsp should therefore be amended accordingly, has adopted this decision: article 1 annex i to decision 2013/255/cfsp is amended as set out in the annex to this decision. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 25 september 2017. for the council the president m. maasikas (1) oj l 147, 1.6.2013, p. 14. annex annex i to decision 2013/255/cfsp is amended as follows: (1) in part a (persons), the following entries are replaced as follows: 236. saji' darwish (a.k.a. saji jamil darwish; sajee darwish; sjaa darwis) () date of birth: 11 january 1957 rank: major general, syrian arab air force holds the rank of major general, a senior officer and former commander of the 22nd division of the syrian arab air force, in post after may 2011. operates in the chemical weapons proliferation sector and is responsible for the violent repression against the civilian population: as a senior ranking officer of the syrian arab air force and commander of the 22nd division until april 2017 he holds responsibility for the use of chemical weapons by aircraft operating from airbases under the control of the 22nd division, including the attack on talmenes that the joint investigative mechanism reported was conducted by hama airfield-based regime helicopters. 21.3.2017 247. jayyiz rayyan al-musa (a.k.a.: jaez sawada al-hammoud al-mousa; jayez al-hammoud al-moussa) () date of birth: 1954 place of birth: hama, syria rank: major general governor of hasaka, appointed by bashar al-assad; he is associated with bashar al-assad. holds the rank of major general, a senior officer and former chief of staff of the syrian air force. as a senior officer of the syrian air force, he is responsible for the violent repression against the civilian population in syria, including the use of chemical weapons attacks by the syrian regime during his tenure as chief of staff of the syrian air force, as identified in the report of the joint investigative mechanism established by the united nations. 18.7.2017 248. mayzar 'abdu sawan (a.k.a.: meezar sawan) () date of birth: 1954 rank: major general holds the rank of major general, a senior officer and commander of the 20th division of the syrian air force, in post after may 2011. as a senior officer in the syrian air force he is responsible for the violent repression against the civilian population including attacks against civilian areas by aircraft operating from airbases under the control of the 20th division. 18.7.2017 249. isam zahr al-din (a.k.a.: isam zuhair al-din; isam zohruddin; issam zahruddin; issam zahreddine; essam zahruddin; issam zaher eldin; issam zaher al-deen; nafed assadllah) () date of birth: 1961 place of birth: tarba, as-suwayda province, syria rank: brigadier general holds the rank of brigadier general, a senior officer in the republican guard, in post after may 2011. as a senior military officer he is responsible for the violent repression against the civilian population, including during the siege of baba amr in february 2012. 18.7.2017 (2) in part b (entities), the following entry is replaced as follows: 21. centre d' tudes et de recherches syrien (cers) (a.k.a. centre d'etude et de recherche scientifique (cers); scientific studies and research center (ssrc); centre de recherche de kaboun) barzeh street, po box 4470, damascus provides support to the syrian army for the acquisition of equipment used for the surveillance and repression of demonstrators. operating in the chemical weapon proliferation sector, it is the government entity responsible for developing and producing non-conventional weapons, including chemical weapons, and the missiles to deliver them. 1.12.2011

name: council decision (eu) 2017/1753 of 14 september 2017 appointing a member and an alternate member, proposed by the italian republic, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2017-09-26 26.9.2017 en official journal of the european union l 246/5 council decision (eu) 2017/1753 of 14 september 2017 appointing a member and an alternate member, proposed by the italian republic, of the committee of the regions the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 305 thereof, having regard to the proposals of the italian government, whereas: (1) on 26 january 2015, 5 february 2015 and 23 june 2015, the council adopted decisions (eu) 2015/116 (1), (eu) 2015/190 (2) and (eu) 2015/994 (3) appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020. on 21 april 2016 and 17 october 2016, by council decisions (eu) 2016/643 (4) and (eu) 2016/1860 (5) respectively, mr mauro d'attis was reappointed as a member. (2) a member's seat on the committee of the regions has become vacant following the end of the mandate on the basis of which mr mauro d'attis (consigliere del comune di brindisi (br)) was proposed. (3) an alternate member's seat on the committee of the regions has become vacant following the end of the mandate on the basis of which ms benedetta brighenti (vice sindaco del comune di castelnuovo rangone (mo)) was proposed, has adopted this decision: article 1 the following are hereby appointed to the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: (a) as a member: sig. mauro d'attis, assessore del comune di roccafiorita (me) (change of mandate); and (b) as an alternate member: sig.ra benedetta brighenti, consigliere comunale del comune di castelnuovo rangone (mo) (change of mandate). article 2 this decision shall enter into force on the date of its adoption. done at brussels, 14 september 2017. for the council the president a. anvelt (1) council decision (eu) 2015/116 of 26 january 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 20, 27.1.2015, p. 42). (2) council decision (eu) 2015/190 of 5 february 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 31, 7.2.2015, p. 25). (3) council decision (eu) 2015/994 of 23 june 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 159, 25.6.2015, p. 70). (4) council decision (eu) 2016/643 of 21 april 2016 appointing a member, proposed by the italian republic, of the committee of the regions (oj l 108, 23.4.2016, p. 35). (5) council decision (eu) 2016/1860 of 17 october 2016 appointing two members and an alternate member, proposed by the italian republic, of the committee of the regions (oj l 284, 20.10.2016, p. 31).

name: commission implementing decision (eu) 2017/1593 of 20 september 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (notified under document c(2017) 6458) (text with eea relevance. ) type: decision_impl subject matter: regions of eu member states; agricultural activity; international trade; europe; agricultural policy date published: 2017-09-21 21.9.2017 en official journal of the european union l 243/14 commission implementing decision (eu) 2017/1593 of 20 september 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (notified under document c(2017) 6458) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, whereas: (1) commission implementing decision (eu) 2017/247 (3) was adopted following outbreaks of highly pathogenic avian influenza of subtype h5 in a number of member states (the concerned member states), and the establishment of protection and surveillance zones by the competent authority of the concerned member states in accordance with article 16(1) of council directive 2005/94/ec (4). (2) implementing decision (eu) 2017/247 provides that the protection and surveillance zones established by the competent authorities of the concerned member states in accordance with directive 2005/94/ec are to comprise at least the areas listed as protection and surveillance zones in the annex to that implementing decision. implementing decision (eu) 2017/247 also lays down that the measures to be applied in the protection and surveillance zones, as provided for in article 29(1) and article 31 of directive 2005/94/ec, are to be maintained until at least the dates for those zones set out in the annex to that implementing decision. (3) since the date of its adoption, implementing decision (eu) 2017/247 has been amended several times to take account of developments in the epidemiological situation in the union as regards avian influenza. in addition, implementing decision (eu) 2017/247 was amended by commission implementing decision (eu) 2017/696 (5) in order to lay down rules regarding the dispatch of consignments of day-old chicks from the areas listed in the annex to implementing decision (eu) 2017/247. that amendment took into account the fact that day-old chicks pose a very low risk for the spread of highly pathogenic avian influenza compared to other poultry commodities. (4) in addition, the annex to implementing decision (eu) 2017/247 has been amended numerous times to take account of changes in the boundaries of the protection and surveillance zones established by the member states concerned in accordance with directive 2005/94/ec. that annex was last amended by commission implementing decision (eu) 2017/1519 (6), following the notification by italy of outbreaks of highly pathogenic avian influenza of subtype h5n8 in poultry holdings in the regions of lombardia and veneto, and the establishment of protection and surveillance zones by that member state around the infected poultry holdings in accordance with directive 2005/94/ec. (5) since the date of the last amendment made to implementing decision (eu) 2017/247 by implementing decision (eu) 2017/1519, italy has detected and notified to the commission new outbreaks of highly pathogenic avian influenza of subtype h5n8 in poultry holdings, again located in the regions of lombardia and veneto of that member state. italy has also notified the commission that it has taken the necessary measures required in accordance with directive 2005/94/ec, including the establishment of protection and surveillance zones around the infected poultry holdings. (6) the commission has examined the measures taken by italy in accordance with directive 2005/94/ec, following the recent outbreaks of avian influenza of subtype h5n8 in that member state, and it has satisfied itself that the boundaries of the protection and surveillance zones, established by the competent authority of italy, are at a sufficient distance to any holding where an outbreak of highly pathogenic avian influenza of subtype h5n8 has been confirmed. (7) in order to prevent any unnecessary disturbance to trade within the union, and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to rapidly describe at union level, in collaboration with italy, the protection and surveillance zones established in italy, in accordance with directive 2005/94/ec, following the recent outbreaks of highly pathogenic avian influenza of subtype h5n8 in that member state. therefore, the entries for italy in the annex to implementing decision (eu) 2017/247 should be updated to take account of the up-to-date epidemiological situation in that member state as regards that disease. in particular, new entries for certain areas in the regions of lombardia and veneto need to be added in order to address this new situation. (8) the annex to implementing decision (eu) 2017/247 should therefore be amended to update regionalization at union level to include the protection and surveillance zones established by italy following the new outbreaks of highly pathogenic avian influenza in the regions of lombardia and veneto, in accordance with directive 2005/94/ec and the duration of the restrictions applicable therein. (9) implementing decision (eu) 2017/247 should therefore be amended accordingly. (10) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 the annex to implementing decision (eu) 2017/247 is amended in accordance with the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 20 september 2017. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) commission implementing decision (eu) 2017/247 of 9 february 2017 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 36, 11.2.2017, p. 62). (4) council directive 2005/94/ec of 20 december 2005 on community measures for the control of avian influenza and repealing directive 92/40/eec (oj l 10, 14.1.2006, p. 16). (5) commission implementing decision (eu) 2017/696 of 11 april 2017 amending implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 101, 13.4.2017, p. 80). (6) commission implementing decision (eu) 2017/1519 of 1 september 2017 amending the annex to implementing decision (eu) 2017/247 on protective measures in relation to outbreaks of the highly pathogenic avian influenza in certain member states (oj l 228, 2.9.2017, p. 1). annex the annex to implementing decision (eu) 2017/247 is amended as follows: (1) in part a, the entry for italy is replaced by the following: member state: italy area comprising: date until applicable in accordance with article 29(1) of directive 2005/94/ec municipality of san pietro di morubio (vr): east of via casari, via borgo, via farfusola municipality of roverchiara (vr): south of via molaro, south west of via anesi, west of via borcola, south of via viola, west of via buss , south of sp3, south and west of via casalino municipality of cerea (vr): north of sp44c, east of via polesella, north of via guanti, west of sp45, north of via cesare battisti, east of sp2, via isolella bassa municipality of angiari (vr): north west of sp44c, west of via lungo buss , north and west and south of via boscarola. 20.9.2017 municipality of chignolo po (pv): east of sp193, south of via don sbarsi, east of via mariotto. municipality of monticelli pavese (pv). municipality of rottofreno (pc): north of e70. municipality of sarmato (pc): north of e70. municipality of pieve porto morone (pv): east of sp412, south of sp193. municipality of badia pavese (pv): south east of sp193, via roma 21.9.2017 the area of the parts of lombardia and emilia romagna regions (adns 17/0036) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45.046214 and e10.186550 30.9.2017 the area of the parts of veneto region (adns 17/0037) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45.137063 and e11.664795 5.10.2017 (2) in part b, the entry for italy is replaced by the following: member state: italy area comprising: date until applicable in accordance with article 31 of directive 2005/94/ec municipality of ronco all'adige (vr): west of via mazza, north and east of via pezze albaro, north west of via lasta, west of via ponzilovo, west of via pieve, south of via canton , west of via ronchi, north of sp19, west of via fornetto municipality of zevio (vr): east of via s. spirito, south of via botteghe, east of via bertolda municipality of palu' (vr): north east of via rizza, north east and north of localit stagn nuovo/vecchio, east of via piave, north west of via casoti, west of via ponte rosso, north west of localit motte i/ii. 22.9.2017 municipality of zimella (vr): east of via fedriga, south of via fiorette and via baffa, east and south of via s. martino; west of sp500, south of via callesella, west of via larga municipality of veronella(vr): north east of sp7b, south east of via fiume, south of via colonnello rossi, piazza s. gregorio, east of via bruso; north west and north east of via giavone municipality of albaredo d'adige (vr): north east of via cadelsette, east of sp18 municipality of cologna veneta (vr): west and north of via s. giustina,west of sp7 23.9.2017 municipality of cervignano d'adda (lo) municipality of boffalora d'adda (lo): west of sp1, sp25 municipality of mulazzano (lo): north east of sp202, sp158, east of via quartiano, north east of via roma, piazza della chiesa, east of via cassino, sp 158 municipality of zelo buon persico (lo): west of sp16, south and east of country road that connect sp16 to sp16d, east of sp16d, south east of circonvallazione zelo buon persico, north east of via dante municipality of galgagnano (lo) municipality of spino d'adda (cr): south of canale vacchelli, west of sp1, viale della vittoria, south and west of sp1 25.9.2017 municipality of ronco all'adige (vr): east of sp19 municipality of zimella (vr): west of via fedriga, north of via fiorette, via baffa, north and west of via s. martino; east of sp500, north of via callesella, east of via larga municipality of veronella (vr): west of via bruso; north of piazza s.gregorio, west of via fiume, west of sp7b, north of country road that connect sp7b to sp18. municipality of cologna veneta (vr): east and south of via s. giustina, east of sp7 municipality of belfiore (vr): east of sp39, north of str. porcilana, east of sp38b municipality of san bonifacio (vr): south of via circonvalazione, east of via masetti, south east of sp38, east of sp7 and cavalcavia monteforte, south of sr11 municipality of arcole (vr) municipality of lonigo (vi): south of via trassegno, east of via albaria, south of via fontane municipality of alonte (vi) municipality of orgiano (vi): west of via borgomale, via cree storte, via ca' muzzana, via perara, south west of via s. feliciano municipality of asigliano veneto (vi). municipality of pressana (vr): north east of sp40b, east of sp500 municipality of roveredo di gua' (vr): south of via ca' dolfina, west of scolo giacomelli centrale and scolo sperona municipality of montagnana: west of sp90 and north of sr10 23.9.2017 municipality of legnago (vr): south west of sp46, south of sp46b, via valverde, east of via scolo pisani, south east of via villabona, west of ss434. municipality of cerea (vr): south west of localit muri. municipality of casaleone (vr): south and east of via carpania municipality of pressana (vr): south-west of sp40b, east of sp500; north of sp40b, via braggio, west of sp500 municipality of minerbe (vr): north east of via nuvolea, north of sr10, east of via serraglio, via amedeo di savoia, north of sp41, east of via comuni, sp500 municipality of boschi sant'anna (vr): south of via scaranella, east of via olmo, south of via faro, east of sp42a municipality of bevilacqua (vr) municipality of terrazzo (vr): west of via brazzetto, north west of sp42, west of sp41 municipality of villa bartolomea (vr): north-east of sp47, west of via beccascogliera, east of via argine della valle, west of via zanardi, via ferranti, north of via arzaron, via rodigina, west of via brazzetto 24.9.2017 municipality of zevio (vr): west of via s. spirito, north of via botteghe, west of via bertolda east of via campagnol, via casa nuova, via fienil molino, south of via speranza, east of via monti lessini, east and north of via pontoncello municipality of palu' (vr): south west of via rizza, south west and south of localit stagn nuovo/vecchio, north east of via piave, via belledonne, west and south of sp20 municipality of oppeano (vr): east of ss434, south of via spinetti, east of via marco biagi, south of via ferruccio busoni, east of sp2; and north east and north west of sp21, south and west of via degli oppi, north and west of via fornello, via spin, via 44a municipality of san martino buon albergo (vr): south of marco pantani pedestrian cycle track, via casotton, south east of via giarette, east of via pantina, via coetta, south west of and south east of via ferraresa, south of via mariona, east of sp20 municipality of lavagno (vr): south of st. porcilana, east of sp20 municipality of colognola ai colli (vr): south and west of sp37, south of via peschieria, sp37 municipality of soave (vr): south of localit val ponsara, via mondello, west of via bassano, south of via carantiga, west of via ca' del bosco, east of sp37a, south of via ugo foscolo, via bissoncello di sopra, via ghiaia municipality of caldiero (vr) municipality of bovolone (vr): north and west of via capitello, north of sp21 municipality of belfiore (vr): west of sp39, south of str. porcilana, west of sp38b municipality of san bonifacio (vr): north of via circonvalazione, west of via masetti, north west of sp38, west of sp7, cavalcavia monteforte, north of sr11, west of francesco perlini 22.9.2017 municipality of casalmaiocco (lo) municipality of tribiano (mi) municipality of vaiano cremasco (cr) municipality of sordio (lo) municipality of lodi (lo): municipality of melegnano (mi): north east of ss9, east of via vittorio veneto, via camillo benso di cavour, vicolo monastero, via stefano bersani, south of via frisi, via conciliazione, east of viale s. predabissi, east and south of via giardino municipality of cerro al lambro (mi): east of sp17 municipality of boffalora d'adda (lo): east of sp1, sp25 municipality of casaletto lodigiano (lo): east of sp17, north of sp115 municipality of salerano sul lambro (lo): north of sp115, east of sp204, north of sp140 municipality of lodi vecchio (lo) municipality of pieve fissiraga (lo): north and north west of sp235 municipality of cornegliano laudense (lo): north west of sp235 municipality of mulazzano (lo): south west of sp202, sp158, west of via quartiano, south west of via roma, piazza della chiesa, west of via cassino, sp 158 municipality of zelo buon persico (lo): east of sp16, north and west of country road that connect sp16 to sp16d, west of sp16d, north west of circonvallazione zelo buon persico, south west of via dante municipality of vizzolo predabissi (mi) municipality of san zenone al lambro (mi) municipality of tavazzano con villavesco (lo) municipality of montanaso lombardo (lo) municipality of spino d'adda (cr): north of canale vacchelli, east of sp1, viale della vittoria, north and east of sp1 municipality of merlino (lo) municipality of comazzo (lo) municipality of dresano (mi) municipality of colturano (mi) municipality of paullo (mi) municipality of monte cremasco (cr) municipality of dovera (cr) municipality of pandino (cr) municipality of san giuliano milanese (mi): east of ss9, south and east of via l. tolstoi, east of str. vicinale cascinetta, south east of str. provinciale mediglia s.giuliano municipality of mediglia (mi): west of str. provinciale bettola sondrio, south of cascina meleganello, east of via piero capponi, via della liberazione municipality of pantigliate (mi) municipality of liscate (mi): south of sp14 municipality of truccazzano (mi): south of sp14 municipality of rivolta d'adda (cr): south of sp14, sp185 municipality of crespiatica (lo) municipality of corte palasio (lo) municipality of settala (mi) municipality of agnadello (cr): west of sp472, sp34, south of sp34 municipality of palazzo pignano (cr) 25.9.2017 municipality of chignolo po (pv): west of sp193, north of via don sbarsi, west of via mariotto. municipality of badia pavese (pv): east of via guglielmo marconi municipality of san colombano al lambro (mi): south of sp19, viale f. petrarca, west of sp23, south of s. giovanni di dio, west of via privata colombana, via del pilastrello, west of strada comunale per campagna 30.9.2017 municipality of ronco all'adige (vr): west of sp19, east of via quadrelli, south and west of via valmarana, south of via casona, south and east of via ponzilovo, east of via lasta, west and south of via pezze albaro, east of via mazza. municipality of palu' (vr): east of via piave, south east of via casoti, east of via ponte rosso, south of localit motte i/ii. municipality of oppeano (vr): east of sp20, north of sp44. 29.9.2017 municipality of albaredo d'adige (vr): south of via caldasette, east of via palazzetto, via presina, north east of via villaraspa, via carotta, via pascoloni. municipality of veronella(vr): east and north west of via giavone. 29.9.2017 municipality of cerea (vr): south of sp44c, west of via palesella, south of via guanti, east of sp45, south of via cesare battisti, east of via paride da cerea, east and north of sr10. municipality of angiari (vr): south east of sp44c, east of via lungo buss , south and east and north of via boscarola. municipality of bonavigo (vr): west and south of sp44b. municipality of legnago (vr): north west of via palazzina, sp46c dir, via g.b. giudici, north of via corradina, west of via lungo buss , north west of viale regina margherita, north of via xxiv maggio, east of via passeggio, via disciplina, north west and west of via degli alpini, via padana inferiore est, north west of sr10, west of via custoza, south east of via s. vito, south of sp44b. 29.9.2017 municipality of chignolo po (pv): east of sp193, south of via don sbarsi, east of via mariotto municipality of monticelli pavese (pv) municipality of rottofreno (pc): north of e70 municipality of sarmato (pc): north of e70 municipality of pieve porto morone (pv): east of sp412, south of sp193 municipality of badia pavese (pv): south east of sp193, via roma from 22.9.2017 to 30.9.2017 municipality of san pietro di morubio (vr): east of via casari, via borgo, via farfusola municipality of roverchiara (vr): south of via molaro, south west of via anesi, west of via borcola, south of via viola, west of via buss , south of sp3, south and west of via casalino. municipality of cerea (vr): north of sp44c, east of via polesella, north of via guanti, west of sp45, north of via cesare battisti, east of sp2, via isolella bassa. municipality of angiari (vr): north west of sp44c, west of via lungo buss , north and west and south of via boscarola from 21.9.2017 to 29.9.2017 municipality of san pietro di morubio (vr): west of via casari, via borgo, via farfusola municipality of roverchiara (vr): north of via molaro, north east of via anesi, east of via borcola, north of via viola, east of via buss , north of sp3, a north east of via casalino. municipality of cerea (vr): south and west of sr10, west of via paride da cerea, west of sp2, via isolella bassa; and north east of localit muri. municipality of bonavigo (vr): east and north of sp44b. municipality of legnago (vr): south east of via palazzina, sp46c dir, via g.b. giudici, south of via corradina, east of via lungo buss , south east of viale regina margherita, south of via xxiv maggio, west of via passeggio, via disciplina, south east and east of via degli alpini, via padana inferiore est, south east of sr10, east of via custoza, north west of via s. vito, north of sp44b; and north east of sp46, north of sp46b, via valverde, west of via scolo pisani, north west of via villabona, east of ss434. municipality of albaredo d'adige (vr): west of sp18, south of via caldasette, west of via palazzetto, via presina, south west of via villaraspa, via carotta, via pascoloni. municipality of ronco all'adige (vr): south of sp19, south east and south west of sp21, east of via valle tomba, via paluvecchio. municipality of palu' (vr): south west of via piave, via belledonne, east and north of sp20. municipality of oppeano (vr): south west and south east of sp21, north and east of via degli oppi, south and east of via fornello, via spin, via 44a, south west and west of sp20, south west of sp44. municipality of isola rizza (vr). municipality of bovolone (vr): east of via dosso, viale del silenzio, north east of sp2, south and east of via capitello, south of sp21. municipality of salizzole (vr): east of sp48c, south of sp20, east of via capitello, south east of via pascoletto. municipality of concamarise (vr). municipality of nogara (vr): east of sp48c, north of sr10. municipality of sanguinetto (vr). municipality of casaleone (vr): north and west of via carpania. municipality of veronella (vr): south east of via giavone. municipality of pressana (vr): west of sp500, south of via braggio, via sp40b. municipality of minerbe (vr): south west of via nuvolea, south of sr10, west of via serraglio, via amedeo di savoia, south of sp41, west of via comuni, sp500. municipality of boschi sant'anna (vr): north of via scaranella, west of via olmo, north of via faro, west of sp42a. 29.9.2017 municipality of rottofreno (pc): south of e70 municipality of sarmato (pc): south of e70 municipality of pieve porto morone (pv): west of sp412, north of sp193 municipality of badia pavese (pv): north west of sp193, via roma, via guglielmo marconi municipality of gragnano trebbiense (pc): north of sp7, sp11 municipality of borgonovo val tidone (pc): north of sp11, east of sp412r, north and east of via montanata municipality of castel san giovani (pc) municipality of arena po (pv): east of sp199, north of sp75, north east of sp144 municipality of san zenone al po (pv): east and south of sp35 municipality of costa de' nobili (pv): east of sp31 municipality of zerbo (pv) municipality of santa cristina e bissone (pv) municipality of miradolo terme (pv): south of via privata dei colli, west of sp189 municipality of graffignana (lo): south of sp125, east of sp19, south of via monteleone municipality of san colombano al lambro (mi): north of sp19, viale f. petrarca, east of sp23, north of via s. giovanni di dio, east of via privata colombana, via del pilastrello, east of strada comunale per campagna municipality of borghetto lodigiano (lo): west and south of sp125, south of sp23, south of sp125 municipality of brembio (lo): south of sp168, west of sp141 municipality of livraga (lo) municipality of orio litta (lo) municipality of ospedaletto lodigiano (lo) municipality of senna lodigiana (lo) municipality of calendasco (pc) municipality of guardamiglio (lo): west of po river municipality of san rocco al porto (lo): west of po river municipality of somaglia (lo): west of sp223, sp142 30.9.2017 the area of the parts of lombardy and emilia romagna regions (adns 17/0036) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45.046214 and e10.186550 from 1.10.2017 to 9.10.2017 the area of the parts of lombardy and emilia romagna regions (adns 17/0036) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45.046214 and e10.186550 9.10.2017 the area of the parts of veneto region (adns 17/0037) contained within a circle of radius of three kilometres, centred on wgs84 dec. coordinates n45.137063 and e11.664795 from 6.10.2017 to 14.10.2017 the area of the parts of veneto region (adns 17/0037) extending beyond the area described in the protection zone and within the circle of a radius of ten kilometres, centred on wgs84 dec. coordinates n45.137063 and e11.664795 14.10.2017

name: commission decision (eu) 2017/1592 of 15 may 2017 on the measure sa.35429 2017/c (ex 2013/nn) implemented by portugal for the extension of use of public water resources for hydro-electricity generation (notified under document c(2017) 3110) (text with eea relevance. ) type: decision subject matter: competition; economic policy; cooperation policy; natural environment; europe; electrical and nuclear industries; energy policy date published: 2017-09-21 21.9.2017 en official journal of the european union l 243/5 commission decision (eu) 2017/1592 of 15 may 2017 on the measure sa.35429 2017/c (ex 2013/nn) implemented by portugal for the extension of use of public water resources for hydro-electricity generation (notified under document c(2017) 3110) (only the portuguese text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to article 108(2) of the treaty on the functioning of the european union and having regard to their comments, whereas: 1. procedure (1) on 18 september 2012, the commission received a complaint filed by private citizens against alleged illegal state aid granted by portugal to edp energias de portugal, s.a. (1) (edp) regarding both stranded costs in portugal and the extension of use of public water resources for hydro electricity generation. (2) on 30 october 2012, the commission forwarded the complaint to portugal and also requested additional information, which portugal supplied by letter dated 8 january 2013. a meeting with the portuguese authorities took place on 25 january 2013. portugal supplied further information on 7 march 2013. (3) on 18 september 2013, the european commission sent a letter to portugal to notify its decision to initiate the formal investigation procedure, following the procedure of article 108(2) of the treaty on the functioning of the european union (tfeu) regarding only the extension of use of public water resources for hydro electricity generation. (4) the commission received comments from portugal on 21 october 2013 and a corrigendum was adopted accordingly on 29 january 2014. (5) the commission's decision to initiate the formal investigation procedure (2) (the opening decision) was published in the official journal of the european union on 16 april 2014. (6) in may 2014, the commission received observations from third parties. (7) portugal sent its reply to the observations sent by third parties on 3 july 2014. (8) the commission requested additional information by letter of 15 april 2016. portugal sent its reply on 19 august 2016. (9) the present decision closes the formal investigation procedure, which was opened under article 108 tfeu. it does not address compliance of the measure with other provisions of eu law, such as eu public procurement rules and antitrust rules based on articles 106 and 102 tfeu. 2. description of the measure 2.1. the energy market in portugal (10) before the liberalisation of the portuguese electricity market in 2007, the electricity produced in portugal was not sold directly on the market but acquired by the public operator of the electricity network, rede el trica nacional, s.a. (ren), based on long-term power purchase agreements (ppas). according to those ppas, ren was obliged to buy a guaranteed amount of electricity from authorised producers, at a guaranteed price covering precisely identified cost items, and for a guaranteed period of time, namely until 2027. 2.2. the decision on stranded costs (11) following the implementation of directive 2003/54/ec of the european parliament and of the council (3), portugal decided to proceed with the early termination of the ppas and their replacement by the payment of a compensation relating to stranded costs (the costs of maintenance of contractual equilibrium (cmec) mechanism). decree-law no 240/2004, of 27 december 2004, sets the parameters and the methodology for calculating the cmec. (12) portugal notified the measure for compensation for stranded costs on 1 april 2004, on the basis of the communication from the commission relating to the methodology for analysing state aid linked to stranded costs (4). these stranded costs were to be paid for early termination of the ppas between edp and ren for 34 power plants, of which 27 were hydro power plants, in consideration of the expected burden of past investments in a liberalised market. the decision on stranded costs also refers to tejo energia and turbogas. portugal notified its intention to also grant stranded costs to tejo energia and turbogas. the measure was planned to be financed through revenue resulting from a levy imposed on final electricity consumers, based on subscribed power. (13) the commission approved the measure in 2004 to cover the potential losses made by three undertakings including the incumbent (5) in the decision concerning state aid n161/2004 stranded costs in portugal (6). (14) as laid down in that commission decision, the cmec compensation paid to edp each year since july 2007 consists of two elements, namely a fixed component which is a share of the ex ante computed maximum annual amount and an adjustment component that takes into account the real value of the difference between the actual revenues and the costs of the plants concerned, computed at the level of the consolidated company group, edp in this case. a final adjustment of the cmec amount will be calculated at the beginning of 2018, which will be the 11th year following the early termination of the ppa. this final adjustment will be calculated on the basis of the forecasted income up to the end of 2027, which is the end of the implementation of the cmec mechanism, following the commission decision. 2.3. extension of the concession period (15) the termination agreement for edp's ppas in relation to hydro power plants were concluded in february 2005 after the adoption of decree-law no 240/2004. the ppas termination agreement contains a clause with suspensive effect on the agreed termination. that clause makes ppa termination conditional upon the right to use public water resources for a period not less than the end life of the equipment and civil engineering works. in any case, the right to use public water resources were to be granted to the energy producer, namely edp, for the same period. (16) pursuant to the portuguese water act no 58/2005, of 29 december 2005, and decree-law no 226-a/2007, of 31 may 2007, concerning the regime of use of water resources, the use of public water resources for energy production is subject to a concession. the choice of the entity receiving the concession had to be made through one of the specific procedures determined by law. pursuant to decree-law no 240/2004 and decree-law no 226-a/2007, at the end of the concession, the assets pertaining to the activity subject to the concession revert free of charge to the state. if, however, the entity receiving the concession made investments authorised by the grantor that were not and could not be amortised, the state could either repay the residual value or extend the terms of the concession for the remaining time for the assets to be depreciated, but in no event exceeding 75 years (7). 2.4. value of the extension of hydro concessions (17) portugal carried out three studies which detail the calculation of the possible economic value resulting from the extension in 2007. the main results of the studies were as follows: (a) ren estimates the value of the extension of the concession to eur 1 672 million, based on a single discount rate of 6,6 % corresponding to edp's self-reported value of weighted average cost of capital (wacc). (b) caixa banco de investimento estimates a value between eur 650 million and eur 750 million, based on the use of two discount rates: the residual value of the ppas discounted at 4,57 %, resulting from a spread of 50 basis points over the 4,05 % yield of 15-year government bonds; and the free cash flows discounted with a wacc of 7,72 % based on a capital asset pricing model supplied with data indirectly derived from similar european utilities' equity and risk cost estimates. (c) credit suisse first boston (csfb) estimates a value of eur 704 million depending on an assumed electricity price of 50 eur/mwh, based on a set of discount rates of 7,89 % for wacc and 4,55 % for the residual value, respectively. the wacc rate is, like for caixa banco de investimento, based on a capital asset pricing model fed with data indirectly derived from similar european utilities' equity and risk cost estimates. (18) decree-law no 226-a/2007 gave legal support to the suspensive clauses of ppas by extending the term of the rights to use the public water resources held by hydro power plants operated by edp whose ppa had been terminated by decree law no 240/2004. (19) pursuant to article 91(6) of decree-law no 226-a/2007, the transmission of rights to electricity producers (de facto edp) was subject to payment of an amount reflecting an economic and financial balance. as defined in article 92(1) of decree law no 226-a/2007, this amount corresponded, for each power plant, to the difference between the market value of operation until the end of the extended term expressed in cash flows and the residual value of the investment, as set out in the ppa and discounted at appropriate discount rates for each of those two components of the price. that provision allowed the transaction not to be treated as one single investment in financial terms, since different interest rates are used to discount the following: (a) the residual value (to be paid to edp); (b) the financial free cash flows accruing to edp from subsequent sales of electricity generated by those hydro plants (to be paid to portugal by edp and eventually the consumers). (20) in accordance with the provisions of decree-law no 226-a/2007, edp paid to the portuguese state the sum of eur 759 million in consideration for the economic and financial balance of the extension of all 27 hydro power plants concessions. this figure includes the amount of eur 55 million corresponding to the water resource tax rate. it follows that the net amount of that consideration paid by edp was eur 704 million. 2.5. the complaint (21) in the complaint received in september 2012, it was alleged that portugal had granted unlawful state aid, incompatible with the internal market, to edp, which resulted from two distinct measures as follows: (a) the compensation for stranded costs to edp pre-dating the liberalisation of electricity markets, which the commission approved in its decision concerning state aid n 161/2004 stranded costs in portugal (as referred to in recital 12 (8)): the complainant argues that, due to changes in circumstances since the adoption of the commission decision, and the inconsistency with the terms of the communication from the commission relating to the methodology for analysing state aid linked to stranded costs (9), the aid approved in 2004 would no longer be compatible with union state aid rules; (b) the low price that edp paid to portugal in 2007 for the extension without public tender of the duration of concessions for the right of using public water resources for hydropower generation, thereby foregoing state income to the advantage of edp. 2.6. the opening decision (22) in the opening decision, the commission rebutted the part of the complaint related to stranded cost compensation and concluded that there were no reasons to declare that the aid was no longer compatible with the internal market. (23) however, the commission raised doubts on the possible state aid to edp in the implementation of the regime of use of water resources. the commission preliminarily concluded in its opening decision that the possibly low amount paid by edp for the extension of the right to use public water resources in implementation of decree-law no 226-a/2007, if confirmed, would appear as having entailed a selective economic advantage to edp. (24) on compatibility, the commission did not discern, at that stage, any appropriate legal basis for the compatibility with the internal market of the possible state aid to edp. 2.6.1. absence of tender (25) firstly, the commission noted that the award of use of public water resources under concession for the purpose of operation of a service supplied on a market may not involve an economic advantage to the beneficiary where the concession is awarded as a result of an open and non-discriminatory tender procedure gathering a sufficient number of interested operators. however, in the case at hand, the ppa termination agreements de facto prolonged by around 25 years on average the exclusive right of edp to operate the power plants concerned without any tender procedure. indeed, the organisation of a tender had been pre-empted by the suspensive clauses of the 27 ppa termination agreements between ren and edp. (26) considering the significant share of the portuguese market accounted for by the power plants (27 %), the position of edp on the portuguese electricity generation and wholesale supply market (55 %) and the specific interest of hydro plants in an electricity generation portfolio, the commission considered that such suspension clauses may have triggered a foreclosure effect on a lasting basis for market entry of prospective competitors which could have bid in an open tender. therefore, an economic advantage unduly benefitting edp could be established in case the tender had resulted in a higher price than the price paid by edp, net of the residual value owed to this undertaking. 2.6.2. supporting economic studies used to estimate the transaction price (27) secondly, in its opening decision, the commission considered that a second best solution in the absence of tender could have been an arm's length negotiation between the portuguese authorities and edp. portugal acting as market operator would have aimed at obtaining a highest return on the public goods put to concession. with this approach, the negotiation with edp would have been backed by the valuation carried out in 2007 (10) proving to be the most beneficial to portugal, i.e. the valuation proposed by ren. (28) as referred to in recital 44 of the opening decision, portugal had consented to a final price amounting to nearly half of the price evaluated by ren. should the valuation proposed by ren proved the most accurate, it seems implausible that the state would have acted as a market operator in negotiating with edp. 2.6.3. financial methodology used to determine the transaction price (29) thirdly, additional doubts were raised regarding the methodology used to determine the transaction price. the method determined in decree law no 226-a/2007 closely follows the approach presented by caixa banco da investimento which uses two discount rates (11). (30) the commission expressed its doubts that an absence of use of the same discount rate, based solely on the cost of capital of edp, as proposed by ren, could entail an economic advantage to edp. the commission noted that if the rate used to discount the residual value and the free cash flows had been a single wacc rate based on the typical cost of capital of a european electricity generator (7,55 %), edp should have paid eur 1 340 million, that is, eur 581 million more than the amount actually paid by edp. (31) the commission considered therefore in its opening decision that, taking into account the choice made by the portuguese authorities of extending the concessions to the exclusive benefit of edp rather than via a tender procedure opened to other competitors, it could have been more appropriate to use a discount rate based on edp's actual wacc to reflect its own and true cost of capital. ren reported that edp's actual wacc in 2007 was 6,6 % and therefore it could be appropriate to use this value rather than 7,55 %. thus, the commission concluded that an economic advantage unduly benefiting edp could be established. 3. comments from interested parties (32) during the formal investigation, the commission received observations from the complainants and edp. (33) the complainants considered that through the extension of the concessions, edp received state aid. according to them, the measure constitutes a compensation for lost revenue. (34) in its answer dated 19 may 2014, edp considered conversely that the measure does not constitute state aid. firstly, edp argues that it did not gain any economic advantage from the recognition in 2007 of the right to use public water resources until the end of the useful life of the equipment in the 27 hydroelectric power plants with ppas, considering that that right was granted under normal market conditions. (35) according to edp, the presence of an economic advantage can be excluded if the state acts as a private vendor in an arm's length transaction on the open market and seeks to obtain the best price for the asset. (36) edp claims that it is entitled to receive the residual value of the hydroelectric power plants if the ppas terminate prior to the end of the useful life of the plants. therefore, it was not economically viable for the state to open a public tender in 2007 to award new water resource concessions. (37) edp considers that if the state had sought to obtain a higher value than the one arising from the independent studies, edp would have opted not to extend the right to use the water resources and to receive the residual value of the power plants immediately, as it was entitled to do. (38) moreover, edp considers that the ren study on the economic value of the extension of the concessions contains inappropriate economic and financial assumptions which significantly reduce the value of the rights, which means that edp would never have accepted the findings of that study for the purpose of a bilateral negotiation. (39) therefore, edp argues that the unilateral setting of the value of the extension of the concessions, on the basis of an objective valuation methodology, is sufficient to avoid the existence of an economic advantage. (40) secondly, edp argues that the methodology established in decree-law no 226-a/2007 is objective and is based on generally accepted principles of economic calculation. its application enables coherent, justifiable and non-arbitrary compensation calculation. (41) regarding the appropriate discount rates that must be used for the financial flows of each plant, both caixa banco de investimento and csfb concludes that the discount rate of the residual value of the plants should reflect the contractual risk inherent in that value. edp points out that, since they came into force in 1995, all the ppas already entitled edp to receive from ren the residual value of the plant if the contracts were to cease prior to their expiry date. if edp was not interested in extending its right to use public water resources, it would therefore have received the residual value from ren on the expiry date of each ppa. (42) moreover, edp explains that the residual value of the hydro power plants it is entitled to recoup is in fact a credit held by edp over the state, through ren, from the entry into force of the ppas in 1995. ren is an undertaking controlled by the portuguese state. the risk of failure to meet its obligations is therefore to be associated to the state's debt risk. edp concludes that the relevant discount rate for updating that value should thus only take into account the risk associated to ren's failure to comply with that obligation. 4. comments and answers from portugal (43) portugal sent a reply to the comments of the interested parties, but focused on the issue of stranded costs on which the commission did not raise any doubts. (44) in april 2016, the commission requested additional information from portugal. portugal replied on 16 april 2016 and provided legal clarifications on the provisions of decree-law no 240/2004 and annexes to the concession contracts. 5. assessment of the measure 5.1. existence of aid (45) article 107(1) tfeu provides that any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between member states, be incompatible with the internal market. (46) in order to conclude whether state aid is present, the commission must assess whether the cumulative criteria of article 107(1) tfeu (i.e. transfer of state resources and imputability to the state, selective advantage, potential distortion of competition and affectation of intra-union trade) are met for the measure under assessment. 5.1.1. imputability (47) regarding imputability, in cases where a public authority grants an advantage to a beneficiary, the measure is by definition imputable to the state. (48) the extension of the right to use public water resources for the purpose of hydropower generation to the benefit of edp acting as a subentity receiving the concession of ren results from the implementation of decree-law no 226-a/2007 concerning the regime of use of water resources. the provisions of this decree-law also set out the rules to be followed by the state for the determination of the payment made by edp in consideration of the economic benefits of the extension. decree-law no 226-a/2007 is a public act adopted and enacted by the portuguese authorities. it follows that aid measures possibly contained therein would be imputable to the portuguese republic. 5.1.2. state resources (49) regarding the qualification of state resources, granting access to a public domain or natural resources, or granting special or exclusive rights without adequate remuneration in line with market rates, can constitute a foregoing of state revenues (12). (50) pursuant to the portuguese water act no 58/2005 and decree-law no 226-a/2007, water resources within the portuguese territory belong to the portuguese state and cannot be privately appropriated and owned by natural or legal persons. it follows that, in principle, economic benefits derived from the utilisation of public water resources are provided through state resources within the meaning of article 107(1) tfeu. (51) natural resources with intangible values such as water or air may be necessary and sometimes essential for citizens. however, if their exploitation is non-marketable and/or no economic value is attributed to their use, such resources may not necessarily constitute a vehicle for the attribution of economic benefits of the kind that article 107(1) tfeu captures, and escape the qualification of state resource. in this case the measure consists of the granting of an entitlement to use water resources which are part of the public domain. the existence of a transaction price shows that this entitlement is ascribed an economic value. therefore, the commission concludes that the measure entails state resources. (52) article 9 of directive 2000/60/ec of the european parliament and of the council (13) lays down the principle of cost recovery for water services, adequate incentives in water pricing policies for the efficient use of water resources and adequate contribution from, inter alia, industry. these provisions of union law recognise an economic value to different water uses. moreover, in any event, in the case of portugal, the provisions of article 91 of decree-law no 226-a/2007 further determines that the use of public water resources for the purposes of electricity generation entails an economic, quantifiable and marketable value under portuguese law. (53) it follows that the extension of the right to use water resources for the purpose of hydropower generation to the benefit of edp, acting as a subentity receiving the concession of ren as set out in decree-law no 226-a/2007, appears to involve state resources within the meaning of article 107(1) tfeu. 5.1.3. absence of advantage (54) whether a transaction is in line with market conditions can be established on the basis of a generally-accepted, standard assessment methodology (14). such a methodology must be based on the available objective, verifiable and reliable data (15), which should be sufficiently detailed and should reflect the economic situation at the time at which the transaction was decided, taking into account the level of risk and future expectations (16). (55) in its opening decision, the commission raised doubts whether the economic valuation of the extension of the concessions, valued in 2007, was underestimated due to the use of different discount rates applied to its two components, the residual value of unamortised assets and the free cash flows generated from the operation of the hydro plants. (56) the prolongation price estimated in 2007 is eur 704 million (net of a tax withdrawal amounting to eur 55 million) and has two components. firstly, it is composed of the discounted free cash flows incurred by the operation of the hydro plants over the period 2020-2044 (17) (eur 2 115 million discounted at 2007). secondly, it is composed of the net present value, at 2007, of the residual value (eur 1 356 million discounted at 2007). it should be noted that edp would have been entitled to recover the value of these assets, had portugal decided not to grant the extension of the concession to edp. (57) the commission questioned to what extent the application of a lower discount factor to the residual value of the unamortised assets was acceptable from a methodological point of view (18). (58) in order to reflect the fact that the value of these unamortised assets used to operate the plant will be known in 2020 and therefore less uncertain, as they are contracted with entities controlled by the portuguese state, the banks used a lower discount rate than the wacc applied to the cash flows, in other words, the risk free rate plus a 50-80 bpp spread (ca. 4,6 % v 7,8 % for the wacc). the application of a lower discount rate increases the net present value of the residual value and decreases the prolongation price. considering that the residual value is not affected by the same economic uncertainties than the free cash flows, it can be concluded that the application of the risk free rate is justified. (59) on the other hand, the use of the wacc to estimate the net present value of the free cash flows (generated from 2020 to 2044 on average) corresponds to market practice. it is justified by the higher operational risk in a context of a liberalised market, the realisation of the iberian electricity market (19), the development of a more integrated energy market at european level, which entails overall more uncertainties on the cash generation. therefore, the application of the wacc to the discounted cash flows is justified. (60) the evaluation of the wacc was made by caixa banco de investimento and csfb using a combination of a benchmarking approach (wacc of similar players in similar sectors) with a bottom up approach (recalculation of the wacc using public data obtained from bloomberg). the wacc was estimated at 7,72 % and 7,88 % for caixa banco de investimento and csfb, respectively. this approach reflects market practice and is compliant with similar approaches already validated by the commission in other cases (20). (61) the commission also raised doubts on whether the methodology used by ren, the transmission system operator, to assess the prolongation price, resulting in a higher price (eur 1 672 million) could not be seen as a more satisfactory approach than the valuations performed by the two financial institutions (21). (62) however, the methodology proposed by ren does not represent market practice. the proposed prolongation price cannot be retained for the following reasons: (a) ren applied one single discount rate to both the residual value and the free cash flows. this discount rate assumes the wacc is given by edp's wacc (6,6 %). the wacc must however reflect the profitability required by a panel of investors of a given sector in a given country, for a certain type of project. waccs are generally calculated based on both a benchmarking approach (wacc of comparable market players) and a bottom-up approach, involving a specific estimate of each component of the wacc (beta, market risk premium), which was not performed in the study. therefore ren's method does not seem to apply the standard methodology generally applied by the market. (b) in addition, ren's evaluation could not be used by the portuguese authorities due to its lack of independence. according to the portuguese legal framework, the value of the concession was to be determined based on the evaluations performed by two independent institutions, csfb and caixa banco de investimento in the case at hand, and their valuations were used to establish the value of the prolongation price. as shown above, the evaluations provided by csfb and caixa banco de investimento used an appropriate methodology. the commission finds no ground to consider these evaluations inappropriate to establish the market value of the extension period of the concessions. (63) as a conclusion, after due analysis, the methodology used by portugal to assess the prolongation price can be considered to be satisfactory. (64) in the event of a tender, portugal would have had to pay edp for the amount of the unamortised assets at the end of the ppa concession period (2020). secondly, the prolongation price is based on an assumption of electricity prices of 50 eur/mwh. it should be pointed out that the compensation for stranded costs assessed at the same period was based on an estimate of 36 eur/mwh. should this assumption be retained for the calculation of the prolongation price, portugal would have supported a negative price (eur 15,4 million of net present value). therefore, the price assumptions compared with assumptions used in the stranded cost decision are certainly more favourable to the portuguese state, and reflect a conservative approach retained by both financial institutions in their valuation of the prolongation price. 6. conclusion (65) the commission therefore concludes that the measure entitling edp to operate hydro power plants for an extended period against the payment of a price of eur 704 million does not meet all the cumulative conditions of article 107(1) tfeu, and therefore it does not constitute state aid, has adopted this decision: article 1 the measure which portugal has implemented for edp energias de portugal, s.a. regarding the extension of use of public water resources for hydro electricity generation, does not constitute state aid within the meaning of article 107(1) of the treaty on the functioning of the european union. article 2 this decision is addressed to the portuguese republic. done at brussels, 15 may 2017. for the commission margrethe vestager member of the commission (1) formerly electricidade de portugal until 2004. (2) state aid sa.35429 (2013/c) (ex 2012/cp) extension of use of public water resources for hydro electricity generation invitation to submit comments pursuant to article 108(2) of the treaty on the functioning of the european union (oj c 117, 16.4.2014, p. 113). (3) directive 2003/54/ec of the european parliament and of the council of 26 june 2003 concerning common rules for the internal market in electricity and repealing directive 96/92/ec (oj l 176, 15.7.2003, p. 37). (4) adopted by the commission on 26 july 2001 and communicated to member states by letter sg(2001) d/290869 of 6 august 2001. (5) namely edp, tejo energia and turbogas. (6) commission decision c(2004)3468 of 22 september 2004 concerning state aid n 161/2004, stranded costs in portugal (oj c 250, 8.10.2005, p. 9). (7) the portuguese authorities explained that the principle that non-amortised investments are compensated when the relevant assets revert to the state at the end of a concession was already provided for before the liberalisation of the sector under portuguese law. (8) commission decision c(2004)3468 of 22 september 2004 concerning state aid n 161/2004, stranded costs in portugal (oj c 250, 8.10.2005, p. 9). (9) adopted by the commission on 26 july 2001 and communicated to member states by letter sg(2001) d/290869 of 6 august 2001. (10) see recital 16 of the opening decision. (11) see recital 16 of the opening decision. (12) see communication from the commission on the application of the european union state aid rules to compensation granted for the provision of services of general economic interest (oj c 8, 11.1.2012, p. 4), paragraph 33, where reference is made to the judgment of the court of justice of 22 may 2003, connect austria gesellschaft f r telekommunikation gmbh v telekom-control-kommission, and mobilkom austria ag, c-462/99, ecli:eu:c:2003:297, paragraphs 92 and 93; and to the judgment of the court of first instance of 4 july 2007, bouygues and bouygues t l com sa v commission, t 475/04, ecli:eu:t:2007:196, paragraphs 101, 104, 105 and 111. (13) directive 2000/60/ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy (oj l 327, 22.12.2000, p. 1). (14) see judgment of the general court of 29 march 2007, scott v commission, t-366/00, ecli:eu:t:2007:99, paragraph 134; and judgment of the court of justice of 16 december 2010, seydaland vereinigte agrarbetriebe, c-239/09, ecli:eu:c:2010:778, paragraph 39. (15) see judgment of the general court of 16 september 2004, valmont nederland bv v commission, t-274/01, ecli:eu:t:2004:266, paragraph 71. (16) see judgment of the general court of 29 march 2007, scott v commission, t-366/00, ecli:eu:t:2007:99, paragraph 158. (17) 2020 corresponds to the average end year of the ppas and the stranded costs compensation period, for the 27 hydro power plants involved in the transaction. 2044 corresponds to the average date of the end of the extension period of the concessions for the 27 hydro power plants. (18) see recital 51 of the opening decision. (19) the iberian electricity market, or mibel, was defined in the international agreement between the portuguese republic and the kingdom of spain for the constitution of an iberian electricity market. mibel was implemented through a series of laws adopted in spain (for example, order itc/2129/2006, of 30 june 2006) and in portugal (for example, portaria 643/2006, of 26 june 2006). (20) see, for example, state aid hungary sa.38454 (2015/c)(ex 2015/n) possible aid to the paks nuclear power station invitation to submit comments pursuant to article 108(2) of the treaty on the functioning of the european union (oj c 8, 12.1.2016, p. 2), and t-319/12 and t-321/12 spain and ciudad de la luz v commission, ecli:eu:t:2014:604, paragraph 40, t-233/99 and t-228/99 landes nordrhein-westfalen v commission, ecli:eu:t:2003:57, paragraph 245. (21) see recitals 48 to 51 of the opening decision.

name: commission decision (eu) 2017/1583 of 1 september 2017 specifying, pursuant to directive 2006/7/ec of the european parliament and of the council, en iso 17994:2014 as the standard on the equivalence of microbiological methods (notified under document c(2017) 5843) type: decision subject matter: natural environment; technology and technical regulations; non-governmental organisations; natural and applied sciences; environmental policy date published: 2017-09-19 19.9.2017 en official journal of the european union l 239/34 commission decision (eu) 2017/1583 of 1 september 2017 specifying, pursuant to directive 2006/7/ec of the european parliament and of the council, en iso 17994:2014 as the standard on the equivalence of microbiological methods (notified under document c(2017) 5843) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2006/7/ec of the european parliament and of the council of 15 february 2006 concerning the management of bathing water quality and repealing directive 76/160/eec (1), and in particular article 15(2)(a) thereof, whereas: (1) commission decision 2009/64/ec (2) specifies the international standard iso 17994:2004(e) water quality criteria for establishing equivalence between microbiological methods as the standard on the equivalence of microbiological methods for the purposes of directive 2006/7/ec. (2) standard iso 17994:2004(e) is outdated and has been technically updated (e.g. terminology update, clearer specifications, and addition of a new annex on technical calculations). (3) standard iso 17994:2004(e) has therefore been replaced by a more recent version, iso 17994:2014 water quality requirements for the comparison of the relative recovery of microorganisms by two quantitative methods. this international standard has been transposed by the european committee for standardisation in a european standard en iso 17994:2014. it is therefore appropriate to specify standard en iso 17994:2014 as the standard on the equivalence of microbiological methods for the purposes of directive 2006/7/ec. (4) decision 2009/64/ec should therefore be repealed. (5) the measures provided for in this decision are in accordance with the opinion of the committee established by article 16(1) of directive 2006/7/ec, has adopted this decision: article 1 for the purposes of article 3(9) of directive 2006/7/ec, standard en iso 17994:2014 water quality requirements for the comparison of the relative recovery of microorganisms by two quantitative methods shall be specified as the standard on the equivalence of microbiological methods. article 2 decision 2009/64/ec is repealed. article 3 this decision is addressed to the member states. done at brussels, 1 september 2017. for the commission karmenu vella member of the commission (1) oj l 64, 4.3.2006, p. 37. (2) commission decision 2009/64/ec of 21 january 2009 specifying, pursuant to directive 2006/7/ec of the european parliament and of the council, iso 17994:2004(e) as the standard on the equivalence of microbiological methods (oj l 23, 27.1.2009, p. 32).

name: council decision (eu) 2017/1535 of 4 september 2017 adopting the council's position on draft amending budget no 4 of the european union for the financial year 2017 type: decision subject matter: budget; eu finance date published: 2017-09-09 9.9.2017 en official journal of the european union l 233/6 council decision (eu) 2017/1535 of 4 september 2017 adopting the council's position on draft amending budget no 4 of the european union for the financial year 2017 the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 314 thereof, in conjunction with the treaty establishing the european atomic energy community, and in particular article 106a thereof, having regard to regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (1) and in particular article 41 thereof, whereas: the union's budget for the financial year 2017 was definitively adopted on 1 december 2016 (2), on 27 june 2017, the commission submitted a proposal containing draft amending budget no 4 to the general budget for the financial year 2017, has decided as follows: sole article the council's position on draft amending budget no 4 of the european union for the financial year 2017 was adopted on 4 september 2017. the full text can be accessed for consultation or downloading on the council's website: http://www.consilium.europa.eu/ done at brussels, 4 september 2017. for the council the president m. maasikas (1) oj l 298, 26.10.2012, p. 1. (2) oj l 51, 28.2.2017, p. 1.

name: commission implementing decision (eu) 2017/1521 of 1 september 2017 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2017) 5903) (text with eea relevance. ) type: decision_impl subject matter: means of agricultural production; europe; agricultural policy; agricultural activity date published: 2017-09-05 5.9.2017 en official journal of the european union l 229/1 commission implementing decision (eu) 2017/1521 of 1 september 2017 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2017) 5903) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, having regard to council directive 2002/99/ec of 16 december 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and in particular article 4(3) thereof, whereas: (1) commission implementing decision 2014/709/eu (4) lays down animal health control measures in relation to african swine fever in certain member states. the annex to that implementing decision demarcates and lists certain areas of those member states in parts i to iv thereof, differentiated by the level of risk based on the epidemiological situation as regards that disease. that list includes certain areas of latvia, lithuania and poland. (2) in august 2017, a few cases of african swine fever in wild boar were observed in bauskas novada and in jelgavas novada in latvia and in gmina komar wka podlaska in poland, in areas currently listed in part i of the annex to implementing decision 2014/709/eu. these cases constitute an increased level of risk that should be reflected in the annex to that implementing decision. (3) in august 2017, a few outbreaks of african swine fever in domestic pigs occurred in al inink and anyk i rajono savivaldyb in lithuania and in gmina jedwabne in poland. these outbreaks occurred in areas currently listed in part ii of the annex to implementing decision 2014/709/eu. these outbreaks constitute an increased level of risk that should be reflected in the annex to that implementing decision. (4) the evolution of the current epidemiological situation of african swine fever in the affected domestic and feral pig populations in the union should be taken into account in the assessment of the risk to animal health posed by the new disease situation in latvia, lithuania and poland. in order to focus the animal health control measures provided for in implementing decision 2014/709/eu, and to prevent the further spread of african swine fever, while at the same time preventing any unnecessary disturbance to trade within the union, and also avoiding unjustified barriers to trade by third countries, the union list of areas subject to the animal health control measures set out in the annex to that implementing decision should be amended to take account of the changes in the epidemiological situation as regards that disease in latvia, lithuania and poland. (5) accordingly, the areas affected by the recent cases of african swine fever in wild boar in latvia and poland that are currently listed in part i of the annex to implementing decision 2014/709/eu should now be listed instead in part ii of that annex. (6) in addition, the areas affected by the recent outbreaks of african swine fever in domestic pigs in lithuania and poland that are currently listed in part ii of the annex to implementing decision 2014/709/eu should now be listed instead in part iii of that annex. (7) the annex to implementing decision 2014/709/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 plants, animals, food and feed, has adopted this decision: article 1 the annex to implementing decision 2014/709/eu is replaced by the text set out in the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 1 september 2017. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) oj l 18, 23.1.2003, p. 11. (4) commission implementing decision 2014/709/eu of 9 october 2014 concerning animal health control measures relating to african swine fever in certain member states and repealing implementing decision 2014/178/eu (oj l 295, 11.10.2014, p. 63). annex the annex to implementing decision 2014/709/eu is replaced by the following: annex part i 1. estonia the following areas in estonia: hiiu maakond. 2. latvia the following areas in latvia: aizputes novads, alsungas novads, auces novada b nes, vecsaules, v ti u un ukru pagasts, auces pils ta, broc nu novads, dobeles novada penkules pagasts, jelgavas novada platones, vircavas, jaunsvirlaukas, vilces, lielplatones, elejas un sesavas pagasts, kandavas novada v nes un matkules pagasts, kuld gas novads, p vilostas novada sakas pagasts un p vilostas pils ta, republikas pils ta jelgava, rund les novada svitenes un viesturu pagasts, saldus novada ezeres, jaunauces, jaunlutri u, kurs u, lutri u, novadnieku, pamp u, rubas, saldus, vadakstes, za as, zir u, zv rdes un des pagastis, saldus pils ta, skrundas novads, stopi u novada da a, kas atrodas uz rietumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, t rvetes novads, ventspils novada j rkalnes pagasts. 3. lithuania the following areas in lithuania: joni kio rajono savivaldyb , jurbarko rajono savivaldyb , kalvarijos savivaldyb , kazl r dos savivaldyb , kelm s rajono savivaldyb , marijampol s savivaldyb , pakruojo rajono savivaldyb : lyg m , linkuvos, pakruojo ir pa vitinio seni nijos, panev io rajono savivaldyb : krekenavos seni nijos dalis vakarus nuo nev io up s, radvili kio rajono savivaldyb : auk telk , baisogalos, grinki kio, radvili kio, radvili kio miesto, sk mi , aukoto, eduvos miesto, aul n ir tyruli , raseini rajono savivaldyb , aki rajono savivaldyb , iauli miesto savivaldyb , iauli rajono savivaldyb , vilkavi kio rajono savivaldyb . 4. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gminy kalinowo, prostki, stare juchy i gmina wiejska e k w powiecie e ckim, gminy bia a piska, orzysz, pisz i ruciane nida w powiecie piskim, gminy mi ki i wydminy w powiecie gi yckim, gminy olecko, witajno i wieliczki w powiecie oleckim. w wojew dztwie podlaskim: gmina bra sk z miastem bra sk, gminy bo ki, rudka, wyszki, cz gminy bielsk podlaski po o ona na zach d od linii wyznaczonej przez drog nr 19 (w kierunku p nocnym od miasta bielsk podlaski) i przed u onej przez wschodni granic miasta bielsk podlaski i drog nr 66 (w kierunku po udniowym od miasta bielsk podlaski), miasto bielsk podlaski, cz gminy orla po o ona na zach d od drogi nr 66 w powiecie bielskim, gminy d browa bia ostocka, ku nica, jan w, nowy dw r, sidra, suchowola i korycin w powiecie sok lskim, gminy dziadkowice, grodzisk i perlejewo w powiecie siemiatyckim, gminy kolno z miastem kolno, ma y p ock i turo l w powiecie kolne skim, gminy juchnowiec ko cielny, sura , turo ko cielna, apy i po witne w powiecie bia ostockim, powiat zambrowski, gminy baka arzewo, raczki, rutka-tartak, suwa ki i szypliszki w powiecie suwalskim, gminy soko y, kulesze ko cielne, nowe piekuty, szepietowo, klukowo, ciechanowiec, wysokie mazowieckie z miastem wysokie mazowieckie, czy ew w powiecie wysokomazowieckim, powiat augustowski, gminy om a, miastkowo, nowogr d, pi tnica, niadowo i zb jna w powiecie om y skim, powiat miejski bia ystok, powiat miejski om a, powiat miejski suwa ki, powiat sejne ski. w wojew dztwie mazowieckim: gminy bielany, ceran w, jab onna lacka, sabnie, sterdy , repki i gmina wiejska soko w podlaski w powiecie soko owskim, gminy domanice, kotu , mokobody, przesmyki, paprotnia, sk rzec, sucho ebry, mordy, siedlce, wi niew i zbuczyn w powiecie siedleckim, powiat miejski siedlce, gminy lelis, yse, rzeku , troszyn, czerwin i goworowo w powiecie ostro ckim, gminy olszanka i osice w powiecie osickim, powiat ostrowski. w wojew dztwie lubelskim: gminy stary brus i urszulin w powiecie w odawskim, gminy borki, czemierniki, miasto radzy podlaski i ulan-majorat w powiecie radzy skim, gmina adam w, krzywda, serokomla, stanin, trzebiesz w, wojcieszk w i gmina wiejska uk w w powiecie ukowskim, gminy dbowa k oda, jab o , milan w, parczew, siemie i sosnowica w powiecie parczewskim, gminy dorohusk, kamie , che m, ruda huta, sawin i wierzbica w powiecie che mskim, powiat miejski che m, gminy firlej, kock, nied wiada, ostr wek, ostr w lubelski i u cim w w powiecie lubartowskim. part ii 1. estonia the following areas in estonia: abja vald, alatskivi vald, elva linn, haaslava vald, haljala vald, halliste vald, harju maakond (v lja arvatud osa kuusalu vallast, mis asub l una pool maanteest nr 1 (e20), aegviidu vald ja anija vald), ida-viru maakond, kambja vald, karksi vald, kihelkonna vald, konguta vald, k pu vald, kuressaare linn, l ne maakond, l ne-saare vald, laekvere vald, osa leisi vallast, mis asub l ne pool kuressaare-leisi maanteest (maanatee nr 79), luunja vald, m ksa vald, meeksi vald, muhu vald, mustjala vald, n o vald, osa tamsalu vallast, mis asub kirde pool tallinna-tartu raudteest, p rnu maakond (v lja arvatud audru ja t stamaa vald), peipsi re vald, piirissaare vald, p lva maakond, puhja vald, r gavere vald, rakvere linn, rakvere vald, rannu vald, rapla maakond, r ngu vald, ruhnu vald, salme vald, s meru vald, suure-jaani vald, t htvere vald, tartu linn, tartu vald, tarvastu vald, torgu vald, lenurme vald, valga maakond, vara vald, vihula vald, viljandi linn, viljandi vald, vinni vald, viru-nigula vald, v hma linn, v nnu vald, v ru maakond. 2. latvia the following areas in latvia: da u novads, aglonas novada kastu inas, gr veru un eltovas pagasts, aizkraukles novads, akn stes novads, alojas novads, al ksnes novads, amatas novads, apes novada trapenes, gaujienas un apes pagasts, apes pils ta, auces novada lielauces un les pagasts, bab tes novads, baldones novads, baltinavas novads, balvu novada v ksnas, b rzkalnes, vectil as, lazdulejas, brie uciema, til as, b rzpils un kri j u pagasts, bauskas novads, bever nas novads, burtnieku novads, carnikavas novads, c su novads, cesvaines novads, ciblas novads, dagdas novads, daugavpils novada vaboles, l ksnas, sventes, medumu, demenas, kalk nes, laucesas, tabores, ma inovas, ambe u, bi ernieku, naujenes, vecsalienas, salienas un skrudalienas pagasts, dobeles novada dobeles, annenieku, bikstu, zebrenes, naud tes, auru, krim nu, b rzes un jaunb rzes pagasts, dobeles pils ta, dundagas novads, engures novads, rg u novads, garkalnes novada da a, kas atrodas uz zieme rietumiem no autoce a a2, gulbenes novada l go pagasts, iecavas novads, ik iles novada t n u pagasta da a, kas atrodas uz dienvidaustrumiem no autoce a p10, ik iles pils ta, il kstes novads, jaunjelgavas novads, jaunpils novads, j kabpils novads, jelgavas novada gl das, za enieku, sv tes, kalnciema, l vb rzes un valgundes pagasts, kandavas novada c res, kandavas, zem tes un zantes pagasts, kandavas pils ta, k rsavas novads, eguma novads, ekavas novads, koc nu novads, kokneses novads, kr slavas novads, krimuldas novada krimuldas pagasta da a, kas atrodas uz zieme austrumiem no autoce a v89 un v81, un l durgas pagasta da a, kas atrodas uz zieme austrumiem no autoce a v81 un v128, krustpils novads, lielv rdes novads, l gatnes novads, limba u novada skultes, limba u, umurgas, katvaru, p les un vi enes pagasts, limba u pils ta, l v nu novads, lub nas novads, ludzas novads, madonas novads, m lpils novads, m rupes novads, mazsalacas novads, m rsraga novads, nauk nu novads, neretas novads, ogres novads, olaines novads, ozolnieku novads, p rgaujas novads, p avi u novads, prei u novada saunas pagasts, prieku u novads, raunas novada raunas pagasts, republikas pils ta daugavpils, republikas pils ta j kabpils, republikas pils ta j rmala, republikas pils ta r zekne, republikas pils ta valmiera, r zeknes novada audri u, b rzgales, ornajas, dric nu, gaigalavas, gri k nu, ilzeskalna, kantinieku, kaunatas, lend u, l znavas, maltas, m ko kalna, nag u, ozolaines, ozolmui as, rikavas, nautr nu, sakstagala, silmalas, sto erovas, stru nu un v r mu pagasts un feima u pagasta da a, kas atrodas uz zieme iem no autoce a v577 un pu as pagasta da a, kas atrodas uz zieme austrumiem no autoce a v577 un v597, riebi u novada s ukalna, stabulnieku, gal nu un silaj u pagasts, rojas novads, ropa u novada da a, kas atrodas uz austrumiem no autoce a p10, rug ju novada lazdukalna pagasts, rund les novada rund les pagasts, r jienas novads, salacgr vas novads, salas novads, saulkrastu novads, siguldas novada mores pagasts un alla u pagasta da a, kas atrodas uz dienvidiem no autoce a p3, skr veru novads, smiltenes novada brantu, blomes, smiltenes, bilskas un grundz les pagasts un smiltenes pils ta, stren u novads, talsu novads, tukuma novads, valkas novads, varak nu novads, vecpiebalgas novads, vecumnieku novads, ventspils novada ances, t rgales, popes, v rves, u avas, piltenes, puzes, ziru, ug les, usmas un zl ku pagasts, piltenes pils ta, vies tes novads, vi akas novads, vi nu novads, zilupes novads. 3. lithuania the following areas in lithuania: alytaus miesto savivaldyb , alytaus rajono savivaldyb , anyk i rajono savivaldyb : andrioni kio, anyk i , debeiki , kavarsko seni nijos dalis rytus nuo kelio nr. 120 ir iaur nuo kelio nr. 1205, kurkli , skiemoni , sv das , tro k n ir vie int seni nijos, bir tono savivaldyb , bir miesto savivaldyb , bir rajono savivaldyb : nemun lio radvili kio, pabir s, pa eriauk t s ir parov jos seni nijos, elektr n savivaldyb , ignalinos rajono savivaldyb , jonavos rajono savivaldyb : eimi seni nijos dalis iaur nuo kelio nr 144 ir vakarus nuo kelio nr 232, kai iadori miesto savivaldyb , kai iadori rajono savivaldyb , kauno miesto savivaldyb , kauno rajono savivaldyb s: akademijos, al n , batniavos, domeikavos, e er lio, garliavos apylinki , garliavos, karm lavos, ka ergin s, kulautuvos, lapi , linksmakalnio, neveroni , raudondvario, ringaud , rok , samyl , taurakiemio, u lied i , vilkijos apylinki , vilkijos, zapy kio seni nijos, k daini rajono savivaldyb savivaldyb s: dotnuvos, gud i n , josvaini seni nijos dalis iaur nuo kelio nr 3514 ir nr 229, kraki , k daini miesto, survili kio, truskavos, vilaini ir tos seni nijos, kupi kio rajono savivaldyb : nori n , skapi kio, suba iaus ir imoni seni nijos, mol t rajono savivaldyb , pakruojo rajono savivaldyb : guostagalio, klovaini , rozalimo ir eimelio seni nijos, pasvalio rajono savivaldyb : joni k lio apylinki , joni k lio miesto, nami i , salo i , pu aloto ir va k seni nijos, radvili kio rajono savivaldyb : pakalni ki ir sidabravo seni nijos, prien miesto savivaldyb , prien rajono savivaldyb , roki kio rajono savivaldyb , irvint rajono savivaldyb , ven ioni rajono savivaldyb , trak rajono savivaldyb , ukmerg s rajono savivaldyb : deltuvos, lyduoki , pabaisko, pivonijos, siesik , e uoli , ukmerg s miesto, vepri , elvos ir emaitkiemio seni nijos, utenos rajono savivaldyb , vilniaus miesto savivaldyb , vilniaus rajono savivaldyb , visagino savivaldyb , zaras rajono savivaldyb . 4. poland the following areas in poland: w wojew dztwie podlaskim: cz gminy wizna po o ona na zach d od linii wyznaczonej przez drog cz c miejscowo ci jedwabne i wizna oraz na po udnie od linii wyznaczon przez drog nr 64 (od skrzy owania w miejscowo ci wizna w kierunku wschodnim do granicy gminy) w powiecie om y skim, gmina dubicze cerkiewne, cz ci gmin kleszczele i czeremcha po o one na wsch d od drogi nr 66 w powiecie hajnowskim, gmina kobylin-borzymy w powiecie wysokomazowieckim, gminy grabowo i stawiski w powiecie kolne skim, gminy czarna bia ostocka, dobrzyniewo du e, gr dek, micha owo, supra l, tykocin, wasilk w, zab ud w, zawady i choroszcz w powiecie bia ostockim, cz gminy bielsk podlaski po o ona na wsch d od linii wyznaczonej przez drog nr 19 (w kierunku p nocnym od miasta bielsk podlaski) i przed u onej przez wschodni granic miasta bielsk podlaski i drog nr 66 (w kierunku po udniowym od miasta bielsk podlaski), cz gminy orla po o ona na wsch d od drogi nr 66 w powiecie bielskim, gminy sok ka, szudzia owo i krynki w powiecie sok lskim. w wojew dztwie lubelskim: gminy komar wka podlaska i wohy w powiecie radzy skim, gminy rossosz, wisznice, s awatycze, sosn wka, tuczna i omazy w powiecie bialskim. part iii 1. estonia the following areas in estonia: aegviidu vald, anija vald, audru vald, j rva maakond, j geva maakond, kadrina vald, kolga-jaani vald, k o vald, laeva vald, laimjala vald, osa leisi vallast, mis asub ida pool kuressaare-leisi maanteest (maantee nr 79), osa kuusalu vallast, mis asub l una pool maanteest nr 1 (e20), osa tamsalu vallast, mis asub edela pool tallinna-tartu raudteest, orissaare vald, pihtla vald, p ide vald,rakke vald, tapa vald, t stamaa vald, v ike-maarja vald, valjala vald. 2. latvia the following areas in latvia: apes novada vire u pagasts, aglonas novada aglonas pagasts, balvu novada kubu u un balvu pagasts un balvu pils ta, daugavpils novada n cgales, kalupes, dubnas un vi u pagasts, garkalnes novada da a, kas atrodas uz dienvidaustrumiem no autoce a a2, gulbenes novada be avas, galgauskas, jaungulbenes, daukstu, stradu, litenes, st merienas, tirzas, druvienas, rankas, lizuma un lejasciema pagasts un gulbenes pils ta, ik iles novada t n u pagasta da a, kas atrodas uz zieme rietumiem no autoce a p10, in ukalna novads, jaunpiebalgas novads, krimuldas novada krimuldas pagasta da a, kas atrodas uz dienvidrietumiem no autoce a v89 un v81, un l durgas pagasta da a, kas atrodas uz dienvidrietumiem no autoce a v81 un v128, limba u novada vidri u pagasts, prei u novada prei u, aizkalnes un pel u pagasts un prei u pils ta, raunas novada drustu pagasts, r zeknes novada feima u pagasta da a, kas atrodas uz dienvidiem no autoce a v577 un pu as pagasta da a, kas atrodas uz dienvidrietumiem no autoce a v577 un v597, riebi u novada riebi u un ru onas pagasts, ropa u novada da a, kas atrodas uz rietumiem no autoce a p10, rug ju novada rug ju pagasts, salaspils novads, s jas novads, siguldas novada siguldas pagasts un alla u pagasta da a, kas atrodas uz zieme iem no autoce a p3, un siguldas pils ta, smiltenes novada launkalnes, vari u un palsmanes pagasts, stopi u novada da a, kas atrodas uz austrumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, v rkavas novads. 3. lithuania the following areas in lithuania: anyk i rajono savivaldyb : kavarsko seni nijos dalis vakarus nuo kelio nr. 120 ir pietus nuo kelio nr. 1205 ir traupio seni nija, bir rajono savivaldyb : vabalninko, papilio ir irvenos seni nijos, druskinink savivaldyb , jonavos rajono savivaldyb : bukoni , dumsi , jonavos miesto, kulvos, r klos, il , upnink , u usalio seni nijos ir eimi seni nijos dalis pietus nuo kelio nr 144 ir rytus nuo kelio nr 232, kauno rajono savivaldyb : babt , eki k s ir vand iogalos seni nijos, k daini rajono savivaldyb : pel dnagi , pernaravos seni nijos ir josvaini seni nijos dalis pietus nuo kelio nr 3514 ir nr 229, kupi kio rajono savivaldyb : alizavos ir kupi kio seni nijos, lazdij rajono savivaldyb , panev io miesto savivaldyb , panev io rajono savivaldyb : karsaki kio, mie i ki , naujamies io, pa strio, raguvos, ramygalos, smilgi , upyt s, vadokli , vel io seni nijos ir krekenavos seni nijos dalis rytus nuo nev io up s, pasvalio rajono savivaldyb : dauj n , krin ino, pasvalio apylinki , pasvalio miesto ir pump n seni nijos, al inink rajono savivaldyb , ukmerg s rajono savivaldyb : tauj n ir vidi ki seni nijos, var nos rajono savivaldyb . 4. poland the following areas in poland: w wojew dztwie podlaskim: powiat grajewski, powiat moniecki, gminy jedwabne i przytu y oraz cz gminy wizna, po o ona na wsch d od linii wyznaczonej przez drog cz c miejscowo ci jedwabne i wizna oraz na p noc od linii wyznaczonej przez drog 64 (od skrzy owania w miejscowo ci wizna w kierunku wschodnim do granicy gminy) w powiecie om y skim, gminy czy e, bia owie a, hajn wka z miastem hajn wka, narew, narewka i cz ci gminy czeremcha i kleszczele po o one na zach d od drogi nr 66 w powiecie hajnowskim, gminy drohiczyn, mielnik, milejczyce, nurzec-stacja, siemiatycze z miastem siemiatycze w powiecie siemiatyckim. w wojew dztwie mazowieckim: gminy plater w, sarnaki, stara kornica i huszlew w powiecie osickim, gmina korczew w powiecie siedleckim. w wojew dztwie lubelskim: gminy kode , konstantyn w, jan w podlaski, le na podlaska, piszczac, rokitno, bia a podlaska, zalesie i terespol z miastem terespol, drel w, midzyrzec podlaski z miastem midzyrzec podlaski w powiecie bialskim, powiat miejski bia a podlaska, gminy radzy podlaski i k kolewnica w powiecie radzy skim, gminy hanna, ha sk, wola uhruska, wyryki i gmina wiejska w odawa w powiecie w odawskim, gmina podedw rze w powiecie parczewskim. part iv italy the following areas in italy: tutto il territorio della sardegna.

name: council decision (cfsp) 2017/1512 of 30 august 2017 amending decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea type: decision subject matter: international affairs; international security; technology and technical regulations; asia and oceania; international trade date published: 2017-08-31 31.8.2017 en official journal of the european union l 224/118 council decision (cfsp) 2017/1512 of 30 august 2017 amending decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 22 april 2013, the council adopted decision 2013/183/cfsp (1) concerning restrictive measures against the democratic people's republic of korea (the dprk), which replaced decision 2010/800/cfsp (2) and, inter alia, implemented united nations security council resolutions (unscrs) 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013). (2) on 2 march 2016, the un security council adopted unscr 2270 (2016) providing for new measures against the dprk. (3) on 31 march 2016, the council adopted decision (cfsp) 2016/476 (3) giving effect to those measures. (4) on 27 may 2016, the council adopted decision (cfsp) 2016/849 (4) concerning restrictive measures against the dprk, which replaced decision 2013/183/cfsp and, inter alia, implemented unscrs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016). (5) unscr 2270 (2016) provides that the asset freeze is to apply with respect to entities of the government of the dprk or the workers' party of korea, or by persons acting on their behalf or at their direction, where a un member state determines that they are associated with the dprk's nuclear or ballistic missile programs or other activities prohibited by the relevant unscrs. moreover, the council considers that persons acting on behalf or at the direction of the entities of the government of the dprk or the workers' party of korea that the council determines are associated with the dprk's nuclear or ballistic-missile programmes or other activities prohibited by the relevant unscrs should be subject to travel restrictions. (6) the council considers it necessary to include a new annex to list those persons and entities. (7) unscr 2270 (2016) also provides that the asset freeze applicable with respect to entities of the government of the dprk or the workers' party of korea, or by persons acting on their behalf or at their direction, does not apply where the funds, other financial assets or economic resources, are required to carry out the activities of dprk's missions to the un and other specialised agencies. (8) further action by the union is needed in order to implement certain measures provided for in this decision. (9) decision (cfsp) 2016/849 should therefore be amended accordingly, has adopted this decision: article 1 decision (cfsp) 2016/849 is amended as follows: (1) article 13 is amended as follows: (a) point (2) is replaced by the following: (2) financial institutions under the jurisdiction of member states shall not enter into, or continue to participate in, any transactions with: (a) banks domiciled in the dprk, including the central bank of the dprk; (b) branches or subsidiaries within the jurisdiction of the member states of banks domiciled in the dprk; (c) branches or subsidiaries outside the jurisdiction of the member states of banks domiciled in the dprk; (d) financial entities that are not domiciled in the dprk, that are within the jurisdiction of the member states and that are controlled by persons or entities domiciled in the dprk; or (e) financial entities that are not domiciled in the dprk or are not within the jurisdiction of the member states but are controlled by persons or entities domiciled in the dprk, unless such transactions fall within the scope of point (3) and have been authorised in accordance with point (4).; (b) point (5) is replaced by the following: (5) the prior authorisation referred to in point (4) shall not be required for any transfer of funds or transaction which is necessary for the official purposes of a diplomatic or consular mission of a member state in the dprk or an international organisation enjoying immunities in the dprk in accordance with international law. (2) in article 18, paragraph 2 is replaced by the following: 2. member states shall prohibit the entry into their ports of any vessel if they have information that provides reasonable grounds to believe that the vessel is owned or controlled, directly or indirectly, by a person or entity listed in annex i, ii, iii or v, or contains cargo whose supply, sale, transfer or export is prohibited by unscr 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this decision. (3) in article 20, paragraph 1 is replaced by the following: 1. it shall be prohibited to lease or charter member states' flagged vessels or aircraft or to provide crew services to the dprk, any persons or entities listed in annex i, ii, iii or v, any other dprk entities, any other persons or entities whom the member state determines to have assisted in the evasion of sanctions or in the violation of the provisions of unscr 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this decision, any persons or entities acting on behalf or at the direction of any of the aforementioned, or any entities owned or controlled by any of the aforementioned. (4) in article 23(1), the following point is added: (d) persons acting on behalf or at the direction of the entities of the government of the dprk or the workers' party that the council determines are associated with the dprk's nuclear or ballistic-missile programmes or other activities prohibited by unscr 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016), that are not covered by annex i, ii or iii, as listed in annex v to this decision. (5) article 27 is amended as follows: (a) in paragraph 1, point (d) is replaced by the following: (d) entities of the government of the dprk or the workers' party of korea, or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, that the council determines are associated with the dprk's nuclear or ballistic-missile programmes or other activities prohibited by unscr 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016), and that are not covered by annex i, ii or iii, as listed in annex v to this decision.; (b) in paragraph 6, the introductory wording is replaced by the following: 6. paragraph 1 shall not prevent a designated person or entity listed in annex ii, iii or v from making a payment due under a contract entered into before the listing of that person or entity, provided that the relevant member state has determined that:. (6) article 28 is replaced by the following: article 28 article 27(1)(d), and 27(2) insofar as it refers to the persons and entities covered by article 27(1)(d), shall not apply with respect to funds, other financial assets or economic resources that are required to carry out the activities of the dprk's missions to the un and its specialised agencies and related organisations or other diplomatic and consular missions of the dprk, or to any funds, other financial assets or economic resources that the sanctions committee determines in advance on a case-by-case basis are required for the delivery of humanitarian assistance, denuclearisation or any other purpose consistent with the objectives of unscr 2270 (2016). (7) in article 32, point (a) is replaced by the following: (a) the designated persons or entities listed in annex i, ii, iii, iv or v,. (8) in article 33, paragraph 2 is replaced by the following: 2. the council, acting by unanimity on a proposal from member states or the high representative of the union for foreign affairs and security policy, shall establish the lists in annex ii, iii or v and adopt modifications thereto. (9) in article 34, paragraph 2 is replaced by the following: 2. where the council decides to subject a person or entity to the measures referred to in points (b) or (c) of article 23(1) or point (b), (c) or (d) of article 27(1), it shall amend annex ii, iii or v accordingly. (10) article 35 is replaced by the following: article 35 1. annexes i, ii, iii and v shall include the grounds for listing of listed persons and entities, as provided by the un security council or by the sanctions committee with regard to annex i. 2. annexes i, ii, iii and v shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the un security council or by the sanctions committee with regard to annex i. with regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and id card numbers, gender, address, if known, and function or profession. with regard to entities, such information may include names, place and date of registration, registration number and place of business. annex i shall also include the date of designation by the un security council or by the sanctions committee. (11) in article 36, paragraph 2 is replaced by the following: 2. the measures referred to in points (b) and (c) of article 23(1) and points (b), (c) and (d) of article 27(1) shall be reviewed at regular intervals and at least every 12 months. they shall cease to apply in respect of the persons and entities concerned if the council determines, in accordance with the procedure referred to in article 33(2), that the conditions for their application are no longer met. (12) the annex set out in the annex to this decision is added. article 2 this decision shall enter into force on the date following that of its publication in the official journal of the european union. done at brussels, 30 august 2017. for the council the president m. maasikas (1) council decision 2013/183/cfsp of 22 april 2013 concerning restrictive measures against the democratic people's republic of korea and repealing decision 2010/800/cfsp (oj l 111, 23.4.2013, p. 52). (2) council decision 2010/800/cfsp of 22 december 2010 concerning restrictive measures against the democratic people's republic of korea and repealing common position 2006/795/cfsp (oj l 341, 23.12.2010, p. 32). (3) council decision (cfsp) 2016/476 of 31 march 2016 amending decision 2013/183/cfsp concerning restrictive measures against the democratic people's republic of korea (oj l 85, 1.4.2016, p. 38). (4) council decision (cfsp) 2016/849 of 27 may 2016 concerning restrictive measures against the democratic people's republic of korea and repealing decision 2013/183/cfsp (oj l 141, 28.5.2016, p. 79). annex annex v list of persons and entities referred to in point (d) of article 23(1) and point (d) of article 27(1)

name: commission decision (eu) 2017/1494 of 19 december 2016 on state aid for an investment contract for the biomass conversion of the first unit of the drax power plant sa.38760 (2016/c) which the united kingdom is planning to implement (notified under document c(2016) 8442) (text with eea relevance. ) type: decision subject matter: technology and technical regulations; economic policy; energy policy; europe; electrical and nuclear industries; environmental policy; soft energy; competition date published: 2017-08-23 23.8.2017 en official journal of the european union l 217/1 commission decision (eu) 2017/1494 of 19 december 2016 on state aid for an investment contract for the biomass conversion of the first unit of the drax power plant sa.38760 (2016/c) which the united kingdom is planning to implement (notified under document c(2016) 8442) (only the english text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to the provision(s) cited above (1) and having regard to their comments, whereas: 1. procedure (1) following pre-notification contacts, on 2 april 2015 the united kingdom notified the commission, pursuant to article 108(3) of the treaty, of support for the conversion to biomass of unit 1 of the drax power station. the commission requested the united kingdom to provide additional information on 20 may, 24 july and 23 october 2015. the united kingdom provided a reply to the commission on 26 may, 25 august and 5 november 2015. (2) by letter dated 5 january 2016, the commission informed the united kingdom that it had decided to initiate the procedure laid down in article 108(2) of the treaty in respect of the aid for the conversion to biomass of unit 1 of the drax power station (the opening decision). (3) on 18 february 2015, the united kingdom provided its comments on the opening decision to the commission. (4) on 5 february 2016, the opening decision was published in the official journal of the european union. the commission also invited interested parties to submit their comments. (5) the commission received comments from 49 interested parties. on 7 april 2016, it forwarded those comments to the united kingdom, which was given the opportunity to reply. on 9 may 2016, the united kingdom duly replied to the comments. 2. detailed description of the measure 2.1. the drax biomass conversion project and beneficiary (6) the united kingdom selected eight renewable energy projects under the final investment decision enabling for renewables (fider) process (2). support for these selected projects will be provided on the basis of investment contracts. the notified measure concerning unit 1 of the drax power station is one of the eight projects selected under the fider (3). (7) the notified aid concerns operating aid for the electricity generated in one unit (unit #1) of the coal fired drax power plant converted to enable it to operate entirely on biomass. the power plant is situated in selby, north yorkshire in north east england and it is owned and operated by drax power limited (the beneficiary), a wholly owned subsidiary of drax holding limited. (8) drax is a 3 960 mw coal fired power plant that started commercial operation in 1974. under the current proposal, one of the six units in the power plant will be retrofitted to operate exclusively on biomass. due to the characteristics of the combustion process, the plant will be able to burn only industrial grade wood pellets. the plant will provide electricity to the national power grid and the united kingdom estimates that the project will generate 1,1 % of the united kingdom's average annual future electricity. (9) according to united kingdom's estimates, the notified project will save approximately 28,8 million tonnes of co2 emissions during the lifetime of the project and supply approximately 3,6 twh of electricity per annum. the plant will provide base-load, low-carbon electricity. (10) according to the united kingdom's estimates, the drax unit is designed to operate at 645 mw nominal electrical power with a mean load factor of 78 % (4). the unit will use approximately 2,4 million dry tonnes of wood pellets a year, most of which will be imported from the south-east of the united states. the approximate breakdown of the sources of wood pellets will be as follows: (a) 60 % will be imported from the south-east of the us (5); (b) 13 % will be imported from brazil; (c) approximately 7 % will be purchased on the wood pellet spot market; (d) 4 % will be sourced from europe. the remaining share of approximately 16 % will be sourced from the south-east of the us and canada however, small volumes might also be sourced from the rest of europe depending on availability. the unit 1 at drax will not be designed to comply with the applicable laws on waste incineration regulations, and therefore will not be able to burn waste wood. the measure is designed based on applicable eu-ets rules which do not require surrendering any ets allowances for ghg emissions from the combustion of biomass. (11) the table shows the expected operating parameters of the drax unit, updated by the united kingdom following the opening of the formal investigation procedure. according to the united kingdom, the load factor is defined as the product of the amount of time the plant is technically available to generate electricity and the time the plant is actually scheduled to generate electricity. the net load factor shown in the table is obtained by multiplying a mean technical availability of 83,7 % and a gross load factor of 93,1 % (6). plant operating parameters operating parameters drax unit (updated) (7) fuel costs (gbp/gj) thermal efficiency (%) mean net load factor (%) 8,18 38,6 78 2.2. national legal basis, financing and budget (12) the uk national legislation for the measure is the energy act 2013. (13) the total budget for the notified project is estimated at gbp 1,3 billion and the united kingdom confirmed that no aid will be paid to the beneficiary before the commissioning date. (14) the aid will be paid out by a government owned counterparty, the low carbon contracts company ltd funded through a statutory levy imposed on all licensed electricity suppliers, based on the suppliers' market share, calculated by reference to their customers' metered electricity use. electricity suppliers will be required to meet the cost of their obligations from their own resources but will be allowed to pass on the costs to consumers as part of their overall pricing strategies. 2.3. the form of the aid, duration and production costs (15) the aid for the electricity generated by the notified project will be granted in the form of a variable premium (known as a contract for difference or cfd), calculated as the difference between a pre-fixed price (the strike price) and an estimate of the market price for electricity (the reference price). the reference price is a price based on forward wholesale market electricity prices for a given period. the beneficiary will generate revenue from selling its electricity on the market (8), but when the average wholesale price of electricity falls below the strike price, the beneficiary will receive a top-up payment from a government owned counterparty, low carbon contracts company ltd, (the cfd counterparty) for the difference. the beneficiary will, however, retain the risk of not achieving the reference price and a volume risk of not achieving its forecasted sales volumes (9). regardless of the commissioning date, aid payments will end on 31 march 2027. (16) the aid for the project is therefore determined on the basis of an administratively set strike price. the strike prices were set by the united kingdom at such levels to ensure that the support under the fider is broadly equivalent to that provided under the renewable obligation scheme (10) in order to provide for a smooth transition between both support schemes. (17) for the purposes of calculating the strike price for dedicated biomass conversion plants, such as the drax unit, the united kingdom took into account the ranges of levelised costs of electricity (lcoe) in the range of 105 gbp/mwh to 115 gpb/mwh. the united kingdom explained that the level of the strike price for biomass conversion projects was calculated taking into account a range in hurdle rates (11) of 8,8 % to 12,7 %. (18) the applicable strike price for the notified project is 100 gbp/mwh (2012 prices indexed annually to the consumer price index) and therefore below the range defined by the united kingdom as appropriate for biomass conversion projects. the levelised costs include the financing costs of new power plants based on a 10 % discount rate for all technologies. the united kingdom presented in detail how these costs were calculated, the sources of data used and the hurdle rates considered (12). (19) the key assumptions used for the calculation of strike prices, including for levelised costs, fossil fuel prices, effective tax rates and maximum build assumptions are listed in the government's levelised cost report (13) and the reports from the department of energy and climate change (14). for this purpose, the wholesale price of electricity is assumed to be approximately 55 gbp/mwh in real terms increasing to 65 gbp/mwh in 2020. based on this strike price, and the initial operating parameters (15), the internal rate of return (irr) for the notified project was estimated at 4,7 % on a real, pre-tax basis. 2.4. cumulation (20) the united kingdom clarified that projects that have been awarded fider contracts will be not eligible to receive a support for the same electricity generation under the new cfd support scheme. moreover, no project receiving payments under fider contracts will be eligible to receive renewable obligation certificates for the same electricity generation. finally, renewable generation that receives support through an investment contract will not be eligible to participate in the capacity market or receive investment aid during the term of the investment contract. (21) based on the rules described in recital 20, the united kingdom confirmed that neither the beneficiary nor any of its direct or indirect stakeholders has received, been granted or applied for any other support from the united kingdom or from any other member state. 2.5. use and availability of biomass (22) as explained in recital 8, the drax unit will only be able to burn wood pellets. wood pellets used in the drax unit will be required to satisfy the united kingdom sustainability criteria including a minimum of 60 % greenhouse gas savings (16) against the average fossil grid intensity in the union, namely, against the coal and gas average in the union. these targets will be increased to a minimum of 72 % greenhouse gas saving from april 2020 and then further to a minimum of 75 % saving from april 2025. the sustainability criteria also contain provisions to protect biodiversity and avoid unsustainable practices (17). (23) global demand for wood pellets was estimated at 25 million tonnes (18) per annum in 2014 and 17 million in 2012 (19). demand in the union is higher than production which means that wood pellets are imported into the union. net imports of wood pellets in the union in 2012 were estimated at 4 million tonnes per annum and it is expected to increase to approximately 5,3 million tonnes per annum in 2014 (20). (24) approximately 18,8 million tonnes of wood pellet were consumed in the union (21) in 2014. of these 18,8 million tonnes, approximately 7,8 million tonnes are used for energy production in industry. with 4,7 million tonnes consumed in 2014, the united kingdom is the largest user of wood pellets in industry. 2.6. transparency (25) with regard to reporting and transparency, the united kingdom indicated that all the investment contracts awarded through the fider process have been published online in the form in which they were concluded (22). 2.7. the decision to initiate the formal investigation (26) on 5 january 2016, the commission decided to initiate the formal investigation procedure regarding the compatibility of the notified aid with the internal market, in particular in view of the proportionality of the aid and the risk of market distortion. (27) more specifically, the commission concluded that the risk of overcompensation could not be excluded due to uncertainties in the assumptions and based on a sensitivity calculation provided by the united kingdom to estimate the impact on the irr by changes in the plant average thermal efficiency, load factor and fuel cost. if the thermal efficiency and the load factor were to increase by 5 % and fuel costs to decrease by 5 %, the irr (on pre-tax real basis) would increase from the estimated 4,7 % to over 15,6 %. the commission therefore expressed doubts on the absence of overcompensation. (28) the commission also expressed concerns that the amount of wood pellets required to operate the drax unit entirely on biomass would lead to undue negative effects on other participants on the wood pellet market. the drax biomass conversion project would consume approximately 9 % of the global wood pellet production and 16 % of the consumption in the union, based on 2012 figures. the commission expressed doubts that the market could accommodate such an increase in demand without undue market distortions. (29) the commission further noted that wood biomass, as raw material, has different uses. the increased demand for wood pellets might also lead to distortions in the wood fibre market affecting other industries, such as the pulp and paper or board manufacturing. given the size of the drax biomass conversion project, the commission could not, with sufficient certainty, exclude the existence of undue market distortions in the raw material market (i.e., the wood fibre market). 3. comments from interested parties (30) following the opening decision, the commission received 49 comments from stakeholders. the commission also received comments from trade unions and members of parliaments, both from the european parliament and the uk parliament, which supported the drax biomass conversion project, highlighting the economic and social importance of the notified project. also, the governor of mississippi expressed his support for the notified project citing the benefits of the wood pellet industry for that state. letters supporting the notified project were also received from various companies in different sectors, such as in the manufacture of railway freight wagons, forestry industry and the wood pellet industry (23). (31) in total 33 stakeholders (24) submitted comments emphasising the positive impact of the drax biomass conversion project and the limited risk of distortions in the wood fibre market that the notified project would entail. the observations covered various topics including, among others: the availability and sustainability of biomass; the economic impact of the notified project, the role of biomass energy in achieving the renewable targets laid down in the renewable energy directive, the plant's estimated operating parameters and the logistics of the fuel supply. (32) several associations of industrial wood pellets producers highlighted the environmental benefits of bioenergy and the sustainability of wood pellets produced in the us. they emphasised that biomass has an important role to play in reducing greenhouse gas emissions. (33) the european pellet council pointed out in its comments that the demand for wood pellets would not lead to undue distortions in the wood pellet market and for other users of biomass. they provided data showing that an estimated increase in wood pellet demand by six million tonnes between 2013 and 2015 did not lead to significant price increases, but rather showed that prices had been falling since 2014. they also emphasised the insignificance (2,4 %) of removals of wood fibre for wood pellets compared to removals of wood fibre for other industries. in addition, they pointed out, inter alia, with reference to a study (25), that the increase in wood pellet demand is smaller than the decline in demand from the pulp market. (34) the consultant, forest2market, submitted a report to the commission (26) prepared in order to quantify and contextualise the manufacturing, wood supply and price trends which have occurred in the south-east of the us, prior to and since the emergence of the wood pellet industry. they found that the impact of export wood pellet mills on forest inventory and wood fibre prices in the south of the us was minimal and that wood pellet mills exporting to the union, by themselves, do not drive price changes or changes to forest inventory and management. (35) forest2market estimated that the additional exports of wood pellets to the european union represent 1 % of the total pulpwood inventory of the southern part of the us and 0,3 % of the total us inventory. furthermore, wood fibre prices would probably have increased without the increased demand from the markets for wood pellets in the union. among the factors affecting the price of wood fibres, forest2markets identified the following elements: (a) a decline in the production of sawmill residual chips, due to the housing market crash, which has resulted in an increased demand for pulpwood; (b) strong deviations from average long-term precipitation patterns; and (c) land ownership changes. (36) forest2market also provided data on the forestry inventory. according to that data, the average supply of residues between 2007 and 2014 was 21 % less than the supply between 2000 and 2006, causing pine residual prices to increase by 12,5 % and hardwood residual prices to increase by 10,7 %, when comparing averages over those two periods. according to forest2market, this demonstrates the impact of the reduced availability of sawmill residues on wood prices. (37) the biomass trader, evolution markets, provided information on the wood pellet spot market. according to evolution markets, the wood pellet spot market had experienced some volatility during the preceding 24 months, but the spot price for industrial wood pellets hit historic lows in 2016. the wood pellet spot market is also very illiquid and the volume of wood pellets traded under spot market conditions remains low when compared to the volume traded under long term contracts. according to evolution markets, although spot pricing is currently cheaper than long term contracts, sourcing sufficient volumes to supply even half of the drax unit consumption requirement would be extremely difficult. (38) other stakeholders supporting the drax biomass conversion project submitted arguments similar to those referred to in recitals 33 to 37. several parties (27) argued that wood pellet mills will use mainly residues and low quality wood fibres. some of these stakeholders (28) claim that the wood pellet industry has the lowest capability to pay for wood fibres and that competition with traditional industries will therefore be limited. (39) other stakeholders (29) claimed that the wood pellet industry uses only a small part of the total wood inventory in the south-east of the us. therefore, the wood pellet industry alone does not drive the dynamics of the forestry industry in the south-east of the us and has no or little effect on prices. as a result, there is no compelling evidence to support the argument that the market for the export of wood pellets has led to the closure of paper or packaging mills (30). (40) certain stakeholders (31) argued that the long term contracts needed to secure the supply chain of the drax biomass conversion unit are more expensive than wood pellets from on the spot market, which is not liquid enough to supply a project of this size. the us industrial wool pellet association (usipa) submitted that there is only limited trade of both wood fibre and wood products between the us and the european union. therefore, the possibilities for undue distortions are limited. (41) according to several stakeholders, the demand from the wood pellet industry is beneficial for the forestry industry affected by the decline of traditional industries (32). it should, therefore, not be considered as unduly distortive. the westervelt company submitted a report from forest research (33) that assessed the risk of indirect wood use change (iwuc) (34). that report concluded that the risk of iwuc in the south-east of the us is small, as significant biomass surpluses are expected to persist and new wood pellet mills have a limited capability to pay for wood compared with currently installed processing capacity. (42) the international trade administration (ita) of the us department of commerce supplied trade data on us exports of wood pellets. the ita did not draw any conclusions from the data, but pointed to a blog post of the us department of agriculture chief economist highlighting the positive economic impacts of wood pellets production. (43) three stakeholders argued that the support for the drax biomass conversion project would lead to overcompensation and market distortions in the wood fibre market. renewable energy systems ltd (res) claimed that the operating parameters of the drax plant were underestimated, and it specifically referred to the net load factor. it recommended the introduction of a claw back clause and a cap on the number of mwh receiving aid. res also indicated that a competitive bidding process could have reduced the strike price. (44) fern submitted comments on behalf of seven organisations (35) which indicated that low estimates used for the load factor and high estimates for the fuel costs will result in overcompensation. moreover, those comments pointed out that, due to its large size, the drax biomass conversion project might distort the wood fibre market. these submissions also contested the co2 savings claims by the notified project. (45) in addition, fern pointed out, quoting data from the consultant risi, that from 2011 to 2015 prices in the south of the us increased by 27 % for softwood and by 56 % for hardwood. the submission by fern quoted a market analysis by the independent consultant forisk (36). this analysis assumed that global wood fibre demand from industrial wood pellets would increase from 10,6 to 25 million tonnes per annum in the period from 2014 to 2019 and the analysis did not take into account the effect of saw mill residues. it subsequently made the finding that the stumpage prices (37) in the south-east of the us could increase by 30 % to 40 %. (46) in a separate submission, biofuelwatch reiterated that the support for the drax biomass conversion project would lead to overcompensation due to an underestimated load factor and overestimated fuel costs. that submission also claimed that, due to its size, the notified project would distort the market in the south-east of the us, and in south america where drax would source approximately 16 % of its fuel, citing the risk of land-grabs from poorly regulated operations in south america. (47) three stakeholders (38) supported the view that the drax biomass conversion project may distort competition in the raw material market for wood fibre. afpa provided estimates of wood pellet production and exports in the south-east of the us based on a study by the independent consultant risi. wood pellet exports to the european union increased from 1,8 to 4,5 million tonnes per annum during the period from 2012 to 2015. according to projections by risi, exports could further increase to 10,6 million tonnes per annum in 2019. figure 1 shows the estimated us wood pellet production. figure 1 estimated us wood pellet production (million short tonnes; source, risi) (48) according to afpa, the increase in wood pellet production is already causing an increase in stumpage prices in the south-east of the us. figure 2 shows the pulpwood stumpage prices in the south-east of the us for the period from 2006 to 2015 submitted by afpa. figure 2 us se pulpwood stumpage prices (usd/cord, source risi) (49) the risi study also contains a detailed breakdown of the costs of producing wood pellets in the south-east of the us (39) and exporting them to the united kingdom. on the basis of these data, risi estimated the beneficiary's maximum ability to pay for wood fibres under a cfd contract. a power plant receiving a cfd strike price of 105 gbp/mwh would be able to pay up to usd 275 per tonne of wood pellets. accounting for transportation, production and harvest, this amounts to usd 57,9 per tonne of stumpage, which would be more than 4,7 times the average stumpage price. therefore, the beneficiary would be able to out price other users of wood fibres. (50) in addition, risi estimated that the composition of wood pellets from the south of the us is composed of 64 % softwood pulpwood, 12 % of hardwood pulpwood, 12 % of mill residuals and 12 % of forest biomass, that is to say, forest residues or harvest residues material that is too small or of poor quality to be used for pulp. therefore, the wood pellets would be largely made from material that other industries are also using. (51) similarly, graphic package international inc. (gpii) reported that the wood used for manufacturing wood pellets in the south-east of the us are mainly pulpwood sized roundwood and mills residues, with forest residue accounting for only a small fraction of the total wood required of less than 20 %. wood fibre consumption in the south of the us, by the forest products industry is projected to increase from 170 million dry metric tonnes in 2014 to 182 million tonnes in 2019, that is to say, a growth of approximately 1,4 % per annum. (52) gpii also added that the increased use of wood fibre by the wood pellet industry is increasing the stumpage price in the south-east of the us, citing data from the consultant, forest2market. gpii reported that pine pulpwood stumpage prices in the south of the us increased on average by 11 % in 2013 and by 10 % in 2014. (53) gpii provided maps with existing and planned wood pellet plants located near two of their paperboard mills. while some pulp, paper and wood products mills shut down in the area concerned, the wood pellet plants represent more than the number of pulp, paper and wood products mills that have been shut down. gpii, therefore, claims that these wood pellet mills create additional distortions. (54) finally, gpii also submitted a study (40) financed by the us department of agriculture (usda) on the impact of wood pellet exports on wood fibre prices in the south-east of the us. according to that report, for the period from 2016 to 2017, 40 million green short tonnes (gst), equal to 16,9 dry metric tonnes, will be used for bioenergy in the south of the us, including 8,4 million tonnes of wood pellets. as a result, the economic model drax power limited suggests that stumpage prices for some types of wood, that is to say, pine non-sawtimber, could more than double. (55) westrock, citing the risi study, also remarked that the share of forest biomass residues in wood pellets from the south of the us would not exceed 12 %. based on the risi study, westrock also claimed that wood fibre consumption by wood pellet producers is forecasted to increase by 14 % annually up to 2019. over the same period, total wood fibre supply is projected to increase by only 2,0 % annually. this would potentially significantly increase the stumpage price to the disadvantage of the traditional wood industries. 4. comments from the united kingdom (56) in reply to the decision to open a formal investigation, the united kingdom provided updated information on the operating parameters of the drax biomass conversion unit. the mean load factor was increased from 70,5 % to 78 %. the united kingdom explained that the estimated availability of the drax plant reflects experience gained in a similar unit converted to biomass and was backed up by independent advice. however, the united kingdom increased the time that the plant is scheduled to operate, if technically available, to 93,3 % of the available time in a year from 84,1 %. this was the result of eliminating the low gross load factors that were included in view of potential fuel supply constraints. that elimination reflects the increased level of confidence in being able to contract sufficient supplies of wood pellets and in managing the risk of being left with excess biomass at the end of the plant lifetime. (57) in addition, the united kingdom reviewed the estimate for the thermal efficiency of the drax biomass conversion, confirming the previous estimate of 38,6 % thermal efficiency, as it reflects the experience in biomass conversion projects supported by independent advice received by drax. (58) the united kingdom also provided an updated breakdown of fuel supply costs. the average fuel costs are now estimated at 8,18 gbp/gj, down from 8,40 (41) gbp/gj. the new fuel costs estimate reflects the additional wood pellet contracts, optimisation of some fuel-related costs and changes in macroeconomic variables. in particular, the united kingdom notes that the spot market for wood pellets is not liquid enough to be relied upon by large biomass conversion plants. (59) prices based on long-term wood pellet supply contracts are usually higher than the spot price. in the updated submission, the fuel costs are now based on the weighted average of the existing long-term contracts, which account for approximately 77 % of the wood pellet requirements, long-term contracts yet to be finalised which account for approximately 15 % of wood pellet requirements, and estimated spot prices, which account for 7 % of wood pellet requirements. fuel handling costs, such as uk port costs, uk rail costs, storage, sustainability costs, risk hedging and foreign exchange, are estimated to amount to 1,49 gbp/gj. biomass wood pellet costs delivered to the uk port would, therefore, amount to [ ] gbp/gj less [ ] gbp/gj which equals [ ] gbp/gj. this would reflect wood pellet costs of 181 usd per tonne (including costs of insurance and freight (cif)). the united kingdom also explained that this price is in line with costs reported by us suppliers that is in the range of 6,27 gbp/gj to 8,24 gbp/gj (as estimated by independent consultant, ricardo energy & environment). (60) the united kingdom emphasised that the estimates for the operating parameters of the drax plant are robust, as they were verified by independent experts (42). furthermore, the united kingdom noted that the three operating parameters are not correlated. therefore, large simultaneous variations in the profit-increasing direction over a period of 20 years are unlikely. (61) according to the united kingdom, these developments significantly affected the profitability of the drax biomass conversion project. the estimated irr is now [4-12] % on a real, pre-tax basis, based on robust parameters and within the hurdle rates. (62) the united kingdom confirmed that the beneficiary will not source wood fibre from old growth forests. in line with the requirements of the united kingdom timber standard regulation, wood will be taken only from working forests which are sustainably and actively managed. (63) regarding the intention of the beneficiary to procure wood pellets from south america, the united kingdom clarified that the material sourced from brazil will come from a single company based in the southern state of rio grande do sul. some of the surplus wood fibre will be used to make wood pellets. the material to be sourced will be either certified by the forest stewardship council (fsc) forest management system or certified as fsc controlled wood and the wood pellet company has fsc chain of custody certification. the united kingdom confirmed that the company and its operations have been independently audited to ensure that it meets the united kingdom's sustainability and legal requirements for biomass. (64) in response to afpa data on the composition of wood pellets, the united kingdom explained that wood fibre derived from forestry practices makes up slightly more than 80 % of us wood pellet mill input material. the united kingdom notes that this figure is in line with the data reported by risi when using comparable definitions for the different types of wood. (65) the united kingdom also provided data on the relative size of the us wood pellet industry. according to an analysis by forest2market (43), forest inventory in the south of the us increased by nearly 1,2 billion tonnes between 2000 and 2014. the wood pellet export industry in that area grew from zero to 3,6 million tonnes between 2008 and 2014. this represents 0,3 % of the total pine pulpwood inventory in the south of the us and 0,09 % of total pine inventory, that is to say, pulpwood and sawtimber. (66) the wood fibre requirement of 2,4 million tonnes of wood pellets by the drax biomass conversion unit represented 0,2 % of the total hardwood pulpwood inventory and 0,06 % of total hardwood inventory namely pulpwood and sawtimber. total wood fibres removals, for all consumers, in the south of the us in 2014 were 250,2 million tonnes, or 3,3 % of the total forestry inventory. (67) regarding the location of wood pellet mills (see submission gpii), the united kingdom submits that new wood pellet mills will need to be located in areas where they would not be required to compete directly with other wood raw materials users to secure financing for the construction of these plants. referring to a report by the consultant, forest2market (44), the united kingdom submits that the location of wood pellet mills depends on a number of factors such as vacated demand, economic development incentives, tax abatements, fibre supply and price, proximity to fibre supply and proximity to rail infrastructure serving a deep water port. the report shows that 61 % of wood pellet mills in the south of the us are located more than 30 miles from a competitor. the same report also found that all the wood pellet mills surveyed are located within 65 miles of a competitor. according to the report, this is common practice also for other wood fibre users that, historically, have not operated in the absence of any other competition. at the same time, 72 % of exports from the wood pellet mills surveyed by forest2markets are located within 65 miles of a closed facility indicating that exports from wood pellet mills are located in proximity to closed sites. (68) addressing the studies by forisk and usda which link the increased use of biomass with increased stumpage price, the united kingdom suggested that the projections concerning wood pellet production are overestimated. for example, the usda study submitted by gpii assumes a demand of over 40 million gst of wood fibre in the southern costal part of the us by 2017, up from around 20 million gst in 2015. this would result in around 18 million tonnes of wood pellets being produced by 2017 in the southern costal part of the us alone. this is considerably higher than the estimates provided by forisk of 11,6 million tonnes by 2019. moreover, other factors such as the increased availability of residues are not taken into account. (69) regarding the claims concerning the beneficiary ability to pay for wood fibre, the united kingdom notes that the estimates provided by risi do not take into account the updated strike price of 100 gbp/mwh instead than 105 gbp/mwh and some extra fuel related costs. the updated average fuel costs for unit 1 are 8,18 gbp/gj. the biomass pellet costs amount to [ ] gbp/gj, while other fuel related costs, namely costs for port utilisation, rail transport, storage, sustainability certification, hedging and currency exchange, amount to [ ] gbp/gj (see recital 51 above). the united kingdom considers that this figure is within the price range of us wood pellet suppliers estimated by independent consultant, ricardo energy & environment at between 6,27 8,24 gbp/gj. (70) the united kingdom submitted that other factors, including a reduced supply of sawmilling residues following the housing market crash, contributed to the recent increase in recorded stumpage prices. to substantiate this point, the united kingdom claimed that there was no visible correlation between the change in the stumpage prices for pine or hardwood and the presence of significant wood pellet production. (71) the united kingdom also claimed that the trade volumes for industrial wood from the us to the european union are limited. in 2013, from a total production of approximately 270 million green tonnes of industrial roundwood, the us exported to the european continent approximately 3,3 million green tonnes (45). by comparison, in 2013 the european union imported approximately 31 million green tonnes of roundwood and 15 million green tonnes of woodchip and sawdust, predominantly from other european countries. there is therefore limited reliance on non-energy raw materials traded from the us to the european union. 5. assessment of the measure (72) a measure constitutes state aid within the meaning of article 107(1) of the treaty if it is granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods [ ] in so far as it affects trade between member states. (73) as set out in the opening decision, the beneficiary (drax power limited) will receive operating aid in the form of a variable premium from a government-owned cfd counterparty for the electricity generated by the converted unit. the measure favours the generation of electricity from renewable energy sources (in this case biomass) by the selected beneficiary. electricity is widely traded between member states. the notified measure may therefore distort competition on the electricity market and affect trade between the member states. in addition, the plant will also compete for biomass fuel in the raw material market as, due to a lack of sufficient local forestry resources, the majority of the wood pellets required to fuel the drax unit will be imported from abroad (see recital 11 above). (74) the commission concludes that the notified measure constitutes state aid within the meaning of article 107(1) of the treaty (46). 5.1. legality of the aid (75) on the basis of the information provided by the united kingdom, the commission notes that no final investment decision has yet been taken and that no payments will be made before state aid approval has been obtained. the commission considers therefore that the united kingdom has fulfilled its obligations under article 108(3) of the treaty. 5.2. compatibility of the aid (76) the commission notes that the notified measure aims at promoting the generation of electricity from renewable energy sources, namely from solid biomass. the notified measure falls within the scope of the guidelines on state aid for environmental protection and energy 2014-2020 (eeag) (47). the commission has therefore assessed the notified measure in accordance with the general compatibility provisions, set out in section 3.2 of the eeag and in accordance with the specific compatibility criteria for operating aid granted for electricity from renewable energy sources, set out in section 3.3.2.1 of the eeag. 5.2.1. objective of common interest (77) as concluded in the opening decision, the commission notes that the aim of the notified aid measure is to help the united kingdom achieve the renewable energy targets (48) and the co2 reduction objectives set by the union as part of its eu 2020 strategy (49). as described in recital 9, and in accordance with paragraphs 30, 31 and 33(a) of the eeag, the united kingdom explicitly estimated the co2 savings and renewable electricity generation capacity expected from the notified project. the commission concludes that the notified aid measure is aimed at an objective of common interest in accordance with article 107(3)(c) of the treaty. (78) a number of environmental organisations raised concerns about the environmental effects of the notified project. the united kingdom confirmed that the notified aid will only be granted to biomass, as defined in paragraph 19(6) of the eeag. the commission recalls that the notified aid will help the united kingdom to reach the union climate and energy targets for 2020. in addition, the commission notes that the wood pellets to be used by the drax biomass conversion plant will be required to satisfy the united kingdom's own sustainability criteria, including minimum co2 savings calculated on a life cycle basis. the united kingdom's sustainability criteria also contain provisions to avoid other negative environmental effects, such as loss of biodiversity. 5.2.2. need for state intervention, incentive effect and appropriateness of the aid (79) the commission concluded in its opening decision that the notified aid is necessary, that it has an incentive effect and that it is an appropriate instrument. in particular, with reference to paragraphs 38, 107, 115 of the eeag, the commission notes that the market failures, namely the failure to fully include all externalities generated by the use of fossil fuels in the price of energy, are not sufficiently addressed by the existing policy framework and that in the absence of the operating aid under assessment in this decision, the biomass conversion project would not be financially viable. (80) with reference to paragraphs 49 and 58 of the eeag, the united kingdom showed that the lcoe generated in the drax converted unit are well above the expected electricity market price and they also provided a financial analysis demonstrating that without the aid under assessment, the irr of the notified project would be negative. in such a situation, market players would not want to invest in the drax biomass conversion project. the notified aid therefore would change the beneficiary's behaviour. the united kingdom confirmed that the beneficiary was required to submit applications and that these applications were submitted before work on the notified project commenced, in compliance with paragraph 51 of the eeag. (81) with reference to paragraphs 40 and 116 of the eeag, the united kingdom showed that the notified aid is an appropriate instrument. as explained in the opening decision, the lcoe are above the expected electricity market price and the expected irr, without state aid, would be negative. in order to address the lack of sufficient revenues to fund the conversion to biomass of a unit at the drax plant, the united kingdom intends to grants state aid, that is particularly targeted and that addresses the needs of the project without exceeding the hurdle rate. the notified project was selected among several others for the purpose of achieving the union renewable energy targets (50), through the award of operating aid in the form of a cfd. the commission in its decision in case sa.36196 (2014/n), united kingdom electricity market reform contract for difference for renewables c(2014) 5079 final) (51), concluded that the cfd is an appropriate instrument for realising the objective of common interest. (82) therefore, the commission concludes that the aid for the notified project is necessary, that it has an incentive effect and that it is granted by means of an appropriate instrument. 5.2.3. proportionality (83) the commission recalls that the lcoe for such biomass projects, based on a rate of return of 10 %, was calculated by the united kingdom as being at least 105 gbp/mwh (52). the commission considers the lcoe appropriate for this type of project as the cost has already been confirmed in previous decisions (53). the united kingdom demonstrated that the notified aid per unit of energy does not exceed the difference between the lcoe and the expected market price of electricity, as the strike price, reflecting the market price plus the premium, set at 100 gbp/mwh does not exceed the lcoe (54). furthermore, the united kingdom confirmed that the notified aid will continue to be granted until the investment is depreciated according to normal accounting rules and that the notified aid will not be cumulated with any other aid. (84) the hurdle rate for the notified project is between 8,8 % and 12,7 % on a real, pre-tax basis (55) and this was accepted by the commission in its opening decision. it was in line with the rates previously approved by the commission for biomass projects in the united kingdom (56). the commission will assess in this decision whether the irr of the project is respecting the hurdle rate. (85) in the opening decision, the commission expressed doubts that the state aid would not lead to overcompensation based on a sensitivity analysis provided by the united kingdom (57). the irr, on pre-tax real basis, would have increased from the estimated 4,7 % to over 15,6 % if the thermal efficiency and the load factor were to increase by 5 % and fuel costs were to decrease by 5 %. the commission noted the uncertainties in those assumptions and in particular the reduced load factor during some years of operation, due to logistic concerns with the supply of wood pellets, and the level of the fuel costs (since supply contracts did not cover the entire supply requirements of the biomass unit). (86) following the opening decision, the united kingdom submitted updated information about the notified project and in particular it reviewed and updated the operating parameters. on the basis of that updated information the irr for the notified project is now approximately [4-12] % on a pre-tax real basis which is in line with the hurdle rate. (87) as described in recital 11, the united kingdom eliminated the low gross load factors that had been included and increased the mean net load factor from 71 % to 78 % following the opening decision. the united kingdom substantiated the new load factor on the basis of a comparison with other similar plants. the commission notes that the increase is larger than was assumed in the sensitivity analysis and that the estimated load factor of 78 % is now in line with what was observed in comparable plants (58). (88) the revision of the load factor also addresses concerns submitted by third parties about the calculation of the low load factor (59). res ltd advised that a competitive bidding process could have resulted in a lower aid amount being required based on the general experience with bidding processes (60). the commission notes that a competitive bidding process is not required and that the current measure does not lead to overcompensation. (89) with regard to the fuel costs, as stated in the opening decision, the commission recognises that the wood pellet supply for the notified project is largely procured by long term contracts where prices may be higher than the spot prices. however, the commission noted that there were still uncertainties as the existing supply contracts at the date of adoption of the opening decision did not cover the entire supply required for the notified project. (90) the united kingdom explained in detail the fuel costs of sufficient supplies of wood pellets and updated their fuel costs estimates. the fuel costs were reduced from 8,40 usd/gj to 8,18 usd/gj, beyond the 5 % sensitivity analysis of 8,23 usd/gj. the united kingdom submitted that the fuel costs estimates are now based on more long term contracts addressing most of the wood pellet requirements as well as estimates for future supply contracts and future spot prices (61). (91) the documentation provided by the united kingdom included also a detailed breakdown of the main cost elements in the drax biomass conversion unit's supply chain including fuel related costs such as port utilisation, rail transport, storage, sustainability certification, hedging and currency exchange. according to the opinion of independent experts, also submitted by the united kingdom, the average fuel costs estimated for the drax biomass conversion unit are within the price range of us wood pellet suppliers (62). the updated fuels costs reflect a wood pellet price (cif) of 181 usd per tonne which is also in line with the estimate by risi (63). (92) in order to substantiate the thermal efficiency claim, the united kingdom provided data demonstrating that the thermal efficiency of this type of biomass conversion project could increase by approximately 38 % to 39 %. the commission notes that no specific doubts were raised in this respect in the opening decision and it considers that the efficiency rate is in line with the typical efficiency rates observed in comparable plants (64). (93) finally, the irr for the notified project has changed as a consequence of a number of factors including the loss of approximately 1 year of aid as the proposed investment contract will end on 31 march 2027 irrespective of the start date of the measure and also due to unfavourable foreign exchange rate developments. this irr is, therefore, higher than the value of 4,7 % estimated in the original notification to the commission. the difference is due to the revised estimates of the plant's operating parameters. (94) in light of the matters referred to above, the commission concludes that the estimated irr of the notified project is based on sound estimates of the plant's costs and operating parameters. furthermore, the estimated irr is within the range of hurdle rates required for this type of project. therefore, the aid does not lead to overcompensation and is proportionate to reach the objective of common interest. 5.2.4. avoidance of undue negative effects on competition and trade (95) in assessing the compatibility of a state aid measure, the commission must establish that the negative effects of the aid measure in terms of distortions of competition and impact on trade between member states must be limited and outweighed by the positive effects in terms of contribution to the objective of common interest (65). (96) with reference to paragraphs 94, 95 and 96 of the eeag, the commission finds that the notified measure does not lead to manifestly negative effects, as the aid is proportionate and does not purely lead to a relocation of the activity without an environmental effect. the aid will assist in the conversion of the drax unit from coal to biomass, increasing the share of renewable energy in the united kingdom (66). (97) in order to assess the negative effects of the aid measure, the commission focused on the distortions resulting from the foreseeable impact the aid would have on competition in the product markets affected and on the location of the economic activity (67). 5.2.4.1. negative effects on the electricity market (98) as the aid is granted for the production of electricity from renewable energy sources, the affected product market is the electricity market. with reference to paragraph 89 eeag, the commission identifies two main potential distortions caused by aid, namely product market distortions and location effects. (99) with reference to paragraph 101 of the eeag, the commission notes that the project consists of retrofitting a unit in an existing coal fired power plant. as the project converts an existing plant it will not add to the beneficiary generation capacity on the power market. therefore, the measure will not increase the beneficiary's share of the generation market. (100) moreover, the commission recalls that the electrical generation capacity of the drax biomass conversion unit corresponds approximately to 1,1 % of the united kingdom's electricity generation market. therefore, the measure will not have the negative effect of enhancing the beneficiary's market power. (101) with reference to paragraphs 94 96 eeag, the commission considers that the project does not involve a relocation of the activity, and it would also not have a significant impact on competition in the united kingdom electricity generation market. therefore, the commission concludes that the measure would not have any significant impact on competition in the electricity market. furthermore, the notified aid due to the interconnectivity level of the united kingdom will not adversely affect the trading conditions within the internal electricity market. (102) in its opening decision, the commission expressed doubts as to whether the notified project distorts competition in the wood pellet market and further upstream in the raw material market to an extent contrary to the common interest. in view of the specific characteristics of this individually notified project, the commission extended the analysis to indirect effects on the input markets being here secondary markets (see below). 5.2.4.2. negative effects on the wood pellet market (103) the commission firstly notes that the drax unit at hand will only be able to use industrial-grade wood pellets as an input fuel. while some plants may be able to partially substitute wood pellets for other fuels, it is not expected that the drax unit will be able to substitute wood pellets for other products in view of its design. therefore for the purpose of analysing further the scale of distortion of competition and trade of the operating aid granted to electricity generated by the retrofitted drax unit, the industrial wood pellet market constitutes the appropriate product market. (104) the commission, as in the opening decision, concludes, based on the trade flows, the volume of the imports into the union and market growth in recent years that, for assessing the market distortions, the wood pellet market is not limited to a single member state or to the european union but should be considered a global market. this is confirmed by the large volume of wood pellets imported from oversea to supply the drax unit and in line with the conclusion reached in case sa.38762 (2014/n). (105) the commission notes that the majority of the wood pellet supply is currently bought under individually negotiated long term contracts. moreover, market barriers for new production facilities appear to be low. the recent increase in wood pellet production capacity both in the south-east of the us and in the union (68) supports this observation as well as the conclusion of long term contracts by drax to secure the supply for the unit. (106) having regard to past trends, it is also noted that the spot price in the south-east of the us, the anticipated principal source of wood pellets for the notified project, did not change significantly when imports into the union from that region increased. this is also supported by data submitted by the european pellet council (69). (107) the conversion of the drax unit will create 2,4 million tonnes of additional wood pellet demand. this is equivalent to 12,8 % of the total wood pellet consumption in the union in 2014 (70). however, annual consumption in the union increased almost 25 %, or by 3,7 million tonnes, from 2012 to 2014. in addition, the wood pellet production capacity in the south-east of the us increased rapidly and is envisaged to increase also in the future (71). (108) no indication has emerged from the formal investigation procedure to suggest that the wood pellet market will not be able to expand at similar rates in the coming years to accommodate an increase in demand from the drax project. 5.2.4.3. negative effects in the raw material market (109) the commission noted in the recitals 81 to 84 of the opening decision that increased demand for wood pellets can lead to further distortions in the raw material market, which is the wood fibre market. (110) for economic reasons, manufacturing plants of semi-finished pulpwood products source their wood supply from within an average distance of approximately 100 km to 150 km, referred to as the catchment radius of the plant. for this reason wood fibres are a local product while pellets are transported over long distances and have a global market. as a result, in order to assess the notified measure's impact on competition and trade, it is necessary to determine from which local market the wood pellets will or are likely to be sourced. (111) as explained in recital 10, compared to the opening decision, the drax unit has clarified its fuel supply and will source 60 % of its total wood fibre requirements from the us; approximately 13 % of its fuel requirements will be sourced from brazil; 7 % of its fuel requirements will be purchased on the spot market; approximately 4 % of its fuel requirements will be sourced from the baltic states in europe; approximately 15 % of its fuel requirements will be purchased from merchants, located in the south-east of the us. the remainder of the fuel requirements will be sourced from canada and potentially from other member states. this implies that approximately 100 000 dry tonnes per annum will be sourced from other member states through long term contracts. this would amount to approximately 0,7 % of the 2014 union wood pellet production which had been estimated at 13,5 million tonnes (72). (112) the commission notes that most of the wood pellets are sourced from outside the union and the market for raw materials is local. the effects of increased wood pellets demand on the raw material markets will thus take place to a great extent outside the european union. it is therefore unlikely that the notified project will affect raw material market prices in the union. (113) as the majority of the wood pellet supply for the project will be imported from the south-east of the us, the focus of potential market distortions in the raw material wood fibre market is in that region (73). (114) the majority of the submissions received during formal investigation procedure support the view that industrial wood pellets from the south-east of the us will be mainly composed of wood fibre derived from forestry practices. the commission notes that up to 2019 the estimated growth of the wood pellet industry (of approximately 14 % per annum (74)) is much higher than that of the traditional forestry industry which is estimated at approximately 1,4 % per annum (75). however, due to the low share of wood pellet manufactures in the wood fibre market (76), the total removal would increase at a compound rate of less than 1,8 % per annum until 2019. on the basis of estimates submitted by westrock, the total wood fibre supply is projected to increase by 2,0 % annually and therefore less than the estimated growth. the impact resulting from the support to the drax unit is therefore expected to be limited. (115) according to the data submitted by the united kingdom (77) the amount of raw material required by the drax unit, namely 2,4 million tonnes per annum, will be less than 1 % of the total removals from forests in the south of the us in 2014 which was approximately 250 million tonnes. in turn, this is only a small fraction of the total forestry inventory. even taking into account the additional requirements from other biomass projects, such as the lynemouth project, these low percentages do not give strong indications of undue distortions in the raw material market. (116) fern et al. and gpii submitted market modelling studies showing an increase in stumpage price caused by an increase in wood pellet production. for example, according to the forisk study, an increase in global industrial wood pellet demand from 10,6 million tonnes per annum in 2014 to 25 million tonnes in 2019, ignoring the effect of saw mill residues, could increase stumpage prices in the south-east of the us by 30 % to 40 % (78). according to the usda report submitted by gpii, increasing production of biomass for bioenergy to 16,9 million tonnes by 2016 could more than double the prices of some types of wood, namely pine non-sawtimber (79). (117) however, as submitted by the united kingdom (80), the demand for wood pellets used as an input for these studies does not reflect the demand from the drax biomass conversion project, but rather overall estimates and overall demand. in addition, the overall demand as estimated in the usda study is lower than in more recent studies. for instance, the usda study estimates that approximately 13 million tonnes of wood would be used for bioenergy in the south-east of the us in 2015 and this is higher than what was reported by risi, which was less than 8 million tonnes for the same year. in addition, the alleged price increase from all estimated demand would also be limited in time according to the usda report as forestry inventory responses to such demand increase. (118) a number of third parties submitted that the increase in wood pellet production has already lead to an increase in stumpage prices in the south-east of the us. for example, gpii cites data from the consultants forest2market to support the claim that pine pulpwood stumpage prices in the south of the us increased on average by 11 % in 2013 and by 10 % in 2014. fern at al. reported that, from 2011 to 2015, prices in the southern us have increased by 27 % for softwood and by 56 % for hardwood. afpa have also made similar claims (81). (119) the commission notes in that respect that, over a longer term the average stumpage price is not outside the historical range (82). moreover, the submission by forest2market (83) concluded that several factors have contributed to the observed price increase. in particular forest2market cited a decline in production of sawmill residues, weather-related events and land ownership changes which it stated are contributing factors. forest2market concluded that it is likely that wood fibre prices would have increased without incremental demand from export pellet markets (84). the fact that stumpage prices increased over time seems therefore to be the result of several market developments. (120) with regard to the claims made as to the beneficiary's ability to pay for fibre (85) the commission notes that the reviewed and reduced fuel costs (86) result in a wood pellet price of usd 181 per tonne cif. this is equivalent to the wood pellet price cif reported by risi (87). (121) regarding the location of wood pellet mills, the commission notes the finding that export wood pellet mills currently in operation in the south-east of the us are generally located within a 65 mile radius of one another and predominantly within a radius of between 30 and 65 miles (88). therefore, the catchment area of such wood pellet mills will overlap with that of other competing industries. however, the commission notes that the vast majority of such export wood pellets mills are located within 65 miles of a closed wood processing facility. in addition, it was clarified that several considerations are taken into account in order to determine the location of a wood pellet mill. according to the report quoted by the united kingdom (89), the majority of pulp and paper mills that closed in the region south-east of the us did so before 2010 thereby showing little correlation with the growth of the wood pellet industry (90). (122) finally, the poyry report (91) looked at the risk of unfair competition for wood fibres between the wood pellet industry and traditional industries using wood fibres. the report did not only take into account the wood pellet demand stemming from the supported drax biomass conversion unit but also from other plants, including the plant at lynemouth. the report concluded that the existing and planned wood pellet mill capacity in the south-east of the us should be sufficient to address the increase in the wood pellet demand and that the risk of iwuc should be small. (123) it should therefore be concluded that the notified measure is not expected to lead to undue distortions in the raw material market. in particular, the commission notes that the local distortions in the market, to the extent they would occur, are taking place in the south-east of the us and that therefore they would have a limited effect, if any, on trade between member states. in this respect, it is also recalled that the notified aid would be granted for the production of electricity from solid biomass and that any effects of the aid on the raw material market would be indirect. 5.2.4.4. balancing test (124) as set out in paragraph 97 of the eeag, for state aid measures that are well targeted to the market failure they aim to address, the risk that the aid will unduly distort competition is more limited. the commission notes that the notified aid is directly aimed at achieving the union climate and energy targets for 2020 in a proportionate and appropriate way. therefore the risk of undue distortions of competition in the electricity market is also more limited as explained in section 5.2.4.1. as set out in section 5.2.4.2, the commission did not find undue distortions in the affected product wood pellet market, nor in the upstream raw material market. the commission recalls that the potential distortions in the raw material market do not arise directly from the operating aid, but from the increased demand for wood pellets as a fuel for electricity generation. furthermore, the effects on the raw material market are indirect compared to the distortions in the wood pellet market. (125) in addition, the commission is required to assess whether the measure distorts or threatens to distort competition insofar as it affects trade between member states. the effects in the raw material market are local and mostly take place outside the union as the majority of the wood pellets for drax unit will be imported from outside europe (see recital 10). therefore, the commission notes that any effect on trade between member states arising from an increased stumpage price in the south-east of the us would, in any case, be limited. (126) the commission concludes from the above that the negative effects of the notified aid to the electricity generated in the drax biomass conversion project, in terms of distortions of competition and impact on trade between member states on the electricity market but also on the secondary markets, are limited and are out-weighted by the positive effects in terms of the contribution to the objective of common interest, namely the production of energy from renewable sources and reduction of co2 emissions in electricity generation, so that the overall balance is positive. 5.2.5. other aspects compliance with articles 30 and 110 tfeu (127) in the context of the decision in the case sa.36196 (2014/n) on cfd for renewables, the decision in the cases sa.38758 (2014/n), sa.38759 (2014/n), sa.38761 (2014/n), sa.38763 (2014/n) and sa.38812 (2014/n) regarding fider aid to five offshore wind projects, and the cases sa.38762(2015/c)(2014/n) and sa.38796(2014/n) relating to the lynemouth and teesside biomass projects, the united kingdom has committed to adjusting the way in which the electricity suppliers' liabilities for cfd payments are calculated to ensure that eligible renewable electricity generated in the european union outside the united kingdom and supplied to customers within the united kingdom is not taken into account as part of those suppliers' market shares. (128) the united kingdom will ensure that no cfd payments are made before this adjustment is in place, or if this is not possible, that the united kingdom will put in place a mechanism to reimburse electricity suppliers for any imported eligible renewable electricity supplied before the exemption comes into effect but after cfd payments have started to be made. (129) the commitment by the united kingdom referred to in recital 127 will also apply to the notified measure. in the light of this commitment, the commission considers that the financing mechanism of the notified aid measure should not introduce any discrimination contrary to article 30 or article 110 of the treaty. (130) in light of the matters mentioned above, the commission considers that the aid measure in support of the drax biomass conversion unit notified by the united kingdom on 15 april 2015 pursues an objective of common interest in a necessary and proportionate way in accordance with the eeag and that it is therefore compatible with the internal market within the meaning of article 107(3)(c) of the treaty, has adopted this decision: article 1 the state aid notified by the united kingdom on 2 april 2015 which that member state is planning to implement in favour of drax power limited in support of a grant for biomass conversion of the unit 1 of the drax power plant is compatible with the internal market within the meaning of article 107(3)(c) of the treaty. article 2 this decision is addressed to the united kingdom of great britain and northern ireland. done at brussels, 19 december 2016. for the commission margrethe vestager member of the commission (1) oj c 46, 5.2.2016, p. 19. (2) the commission has adopted a decision on seven of the eight renewable energy projects. on 23 july 2014, a no objection decision (c(2014) 5074 final) was adopted for five offshore wind project (cases state aid: sa.38758 (2014/n), sa.38759 (2014/n), sa.38761 (2014/n), sa.38763 (2014/n) and sa.38812 (2014/n) united kingdom support for five offshore wind farms: walney, dudgeon, hornsea, burbobank and beatrice) (oj c 393, 7.11.2014, p. 1); on 22 january 2015, a no objection decision (c(2015) 168 cor) was adopted in the state aid case: sa.38796 (2014/n) united kingdom teesside dedicated chp biomass project (oj c 406, 4.11.2016, p. 1) and a final no objection decision (c(2015) 8441 final) was adopted in the state aid case: sa.38762 (2015/c) (2014/n) united kingdom, investment contract for lynemouth power station biomass conversion on 1 december 2015 (decision not yet published). (3) biomass co-firing power plants accredited under the renewable obligation support scheme that undergo full conversion to biomass are eligible to participate in the fider process. (4) this is the updated figure following the opening of the formal investigation procedure in february 2016. the load factor was initially estimated at 70,5 %. (5) the information submitted by the united kingdom in reply to opening decision also clarifies the beneficiary's intended supply strategy. (6) the mean net load factor, before the update by the united kingdom after the opening of the investigation procedure (70,5 %), was the product of a mean technical availability of 83,7 % and a mean gross load factor of 83,7 %. (7) the initial operating parameters as set out in the opening decision are: (a) fuel costs 8,39 (gbp/gj); (b) thermal efficiency 38,6 %; and (c) mean net load factor 70,5 %. (8) the united kingdom clarified that the modified condition on the absence of incentives to generate at negative prices introduced for the general cfd scheme (sa.36196) does not apply to the notified project. (9) for more information on the cfd remuneration mechanism, see recitals 17 to 31 of the commission decision of 23 july 2014 in state aid case: sa.36196 (2014/n) united kingdom electricity market reform contract for difference for renewables (c(2014) 5079 final). (oj c 393, 7.11.2014, p. 1). (10) the renewable obligation scheme was originally approved by the commission decision of 28 february 2001 in state aid case n 504/2000 united kingdom renewables obligation and capital grants for renewable technologies c(2001) 3267 fin (oj c 30, 2.2.2002, p. 14) and subsequently amended several times. in its current form, the renewable obligation scheme was approved by the commission in its decision of 2 april 2013 in state aid case sa.35565 (2013/n) united kingdom amendments to the renewables obligation (ro) scheme (oj c 167, 13.6.2013, p. 5). some specific elements were afterwards approved for northern ireland in state aid case sa.36084 (13/n) renewables obligation in northern ireland) (oj c 167, 13.6.2013, p. 1) and scotland in state aid case sa.37453 (2014/n) amendment to sa.35565 renewables obligation (ro) scheme) (oj c 172, 6.6.2014, p. 1). (11) the hurdle rate is defined as the minimum rate of return needed to implement a project of this kind. (12) all these elements have been published by the uk authorities in the document electricity generation costs, available on https://www.gov.uk/government/publications/electricity-generation-costs. (13) electricity generation costs december 2013 decc (2013), www.gov.uk/government/publications/electricity-generation-costs. (14) www.gov.uk/government/publications/electricity-market-reform-delivery-plan (15) see footnote 4 of recital 10. (16) emissions from biomass would be calculated on a life cycle basis. (17) for more information, see: www.gov.uk/government/consultations/ensuring-biomass-affordability-and-value-for-money-under-the-renewables-obligation (18) unless otherwise specified, the ubit of tonnes always refers to oven dry metric tonnes. (19) risi global pellet demand outlook: www.risiinfo.com/product/2015-global-pellet-demand-outlook-study/ (20) aebiom annual report 2015. (21) aebiom statistical report 2015. (22) www.gov.uk/government/publications/final-investment-decision-fid-enabling-for-renewables-investment-contracts. following publication of the investment contract, the united kingdom lowered the strike price from 105 gbp/mwh to 100 gbp/mwh. in this respect, the investment contracts published online do not reflect their final version. (23) for instance, the davis group and tanac. (24) shaw resources; canfor; fibreco; pinnacle; smart green shipping; astec; european pellet council; pacific bioenergy; georgia biomass; hancock group; onex; db cargo; fram; enviva; renewable energy association; highland pellets; forest2market; cm biomass partners; westervelt renewable energy; weyerhaeuser; aebiom; fednav; sgsf; evolution markets; usipa; scotia atlantic; drax; beasley forest products; cosan; nafo; wpac; port of tyne; american forest foundation. (25) forest2market; wood supply market trends in the us south 1995 2015: www.theusipa.org/documents/ussouthwoodsupplytrends.pdf (26) forest2market; wood supply market trends in the us south 1995 2015: www.theusipa.org/documents/ussouthwoodsupplytrends.pdf (27) canfor pacific bioenergy; pinnacle; onex; fram renewable fuels; georgia biomass; hancock natural resources; enviva; highlands pellets; usipa and weyerhaeuser. (28) highlands pellets; drax; weyerhaeuser; cm biomass partners. (29) enviva; nafo; drax; astec; baesley; drax; aebiom and rea. (30) baesley; astec citing a report from forest2market; fram renewable fuels; nafo. (31) hancock natural resources group; us pellet industry and highlands pellets. (32) pinnacle; onex; scotia atlantic biomass; georgia biomass; westervelt renewable energy; american forest foundation; drax; weyerhaeuser; southern group of state foresters; cm biomass partners and smart green shipping alliance. (33) the risk of indirect wood use change (may 2014): https://ec.europa.eu/energy/sites/ener/files/2014_biomass_forest_research_report_.pdf (34) the risk that wood pellet production for large scale electricity and heat generation will push other users of the same biomass raw material out of the market. (35) biofuelwatch; dogwood alliance; birdlife; european environmental bureau; fern; nrdc and southern environmental law center. (36) how can global demand for wood pellets affect local timber markets in the u.s. south? forisk consulting, may 2015: www.forisk.com/blog/2015/06/02/how-can-global-demand-for-wood-pellets-affect-local-timber-markets-in-the-u-s-south/ (37) namely, the price paid for the right to harvest trees. (38) graphic package international inc. gpii; american forest & paper association afpa and westrock. (39) during the period from 2009 to 2015, the average price for imports of wood pellet into the united kingdom was 194 usd/tonne (175 usd/tonne at cif). the average overseas transport cost (including freight, loading and haulage to the port) amounted to 46 usd/tonne over the same period. when mill profits are taken into account, wood cost (harvested, at the gate of the pellet mill) was, on average, 34 % of the import price. according to the same report, the cost of harvesting and transport to the mill amount to usd 22 per green short tonne (gst, equivalent to usd 49,3 per dry, metric tonne). (40) karen lee abt, robert c. abt, christopher s. galik, and kenneth e. skogn. 2014. effect of policies on pellet production and forests in the u.s. south: www.srs.fs.usda.gov/pubs/47281 (41) fuel costs were reported at 8,39 gbp/gj in the notification by the united kingdom of april 2015, and then updated to 8,40 gbp/gj in the additional information submitted in august 2015. (42) the united kingdom submitted a report from ricardo energy&environment. (43) http://biomassmagazine.com/articles/13137/export-industryundefineds-impacts-on-southern-forests-markets (44) www.usendowment.org/images/forests2market_pellet_report_11.2015.pdf (45) consisting of 0,25 million green tonnes of chips and sawdust; nearly 2 million green tonnes of woodpulp, about 0,97 million green tonnes of industrial roundwood, and 0,056 million green tonnes of sawlogs. (46) see also the commission decisions in cases sa.38758 (2014/n), sa.38759 (2014/n), sa.38761 (2014/n), sa.38763 (2014/n) and sa.38812 (2014/n); c(2014)5074 final; oj c 393, 7.11.2014, p. 1) and cases sa.38796 (2014/n); sa.387962 (2015/c)(2014/n) (decision not yet published) which benefit from a similar cfd aid. (47) oj c 200, 28.6.2014, p. 1. (48) the united kingdom has a target of 15 % of energy requirements to be produced from renewable resources and the renewable energy share in 2013 amounted to 5,1 % (2013) (swd(2015) 117 final). (49) see directive 2009/28/ec of the european parliament and of the council of 23 april 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing directive 2001/77/ec and 2003/30/ec (oj l 140, 5.6.2009, p. 16) and directive 2003/87/ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96/61/ec (oj l 275, 25.10.2003, p. 32) and also the communication from the commission to the european parliament, the european economic and social committee and committee of the regions of 15 december 2011 on the energy roadmap 2050 (com(2011) 885 final). (50) see recital 6 of this decision. (51) oj c 393, 7.11.2014, p. 1. (52) see recital 17. (53) see, for example, the decision for cases sa.38758 (2014/n), sa.38759 (2014/n), sa.38761 (2014/n), sa.38763 (2014/n) and sa.38812 (2014/n) united kingdom support for five offshore wind farms: walney, dudgeon, hornsea, burbo bank and beatrice c(2014) 5074 final, (oj c 393, 7.11.2014, p. 1); and the decision for cases sa.38796 (2014/n) united kingdom teesside dedicated chp biomass project (oj c 406, 4.11.2016, p. 1); and the decision of 1 december 2015 in case sa.38762 (2015/c) (2014/n) united kingdom, investment contract for lynemouth power station biomass conversion (decision not yet published). (54) see recitals 26 to 29 of the opening decision for more information on the lcoe of the notified project. (55) see recital 17. (56) see, for instance, state aid case: sa.37453 (2014/n) amendment to sa.35565 renewables obligation (ro) scheme) (oj c 172, 6.6.2014, p. 1). (57) see recital 27. (58) for instance, see the commission approved a mean net load factor of 77 % for the lynemouth plant in case sa.38762 (2015/c) (2014/n) united kingdom, investment contract for lynemouth power station biomass conversion (decision not yet published). (59) see recital 44. (60) see recital 43. (61) see recital 59. (62) see recital 59. (63) see footnote 38 of this decision. (64) see for instance commission decision sa.38762 (2014/n). (65) see paragraph 88 of the eeag. (66) see recital 9. (67) see paragraph 97 of the eeag. (68) aebiom statistical report 2013 european bioenergy outlook: www.aebiom.org/2013-european-bioenergy-outlook-aebiom-statistical-report/ (69) see recital 33. (70) aebiom statistical report 2015 european bioenergy outlook: www.aebiom.org/library/statistical-reports/statistical-report-2015/ (71) see figure 1. (72) see footnote 20. (73) regarding the wood pellets sourced from brazil and the risk of irregular operation in south america, the commission notes that all pellets will be source by a single, well established plantation that is fsc certified (see recital 63). (74) see recital 55. (75) see recital 51. (76) see recital 65. (77) see recital 65. (78) see recital 45. (79) see recital 54. (80) see recital 68. (81) see figure 2 in recital 48. (82) see figure 2 in recital 48. (83) see recital 34. (84) forest2market; wood supply market trends in the us south 1995 2015: www.theusipa.org/documents/ussouthwoodsupplytrends.pdf (85) see recital 49. (86) see recital 69. (87) see footnote 38. (88) see recital 67. (89) see recital 67 (90) see figure 1 in recital 47. (91) see recital 41.

name: decision (eu) 2017/1493 of the european central bank of 3 august 2017 amending decision ecb/2014/29 on the provision to the european central bank of supervisory data reported to the national competent authorities by the supervised entities pursuant to commission implementing regulation (eu) no 680/2014 (ecb/2017/23) type: decision subject matter: communications; information and information processing; financial institutions and credit; free movement of capital; information technology and data processing; budget; trade policy date published: 2017-08-22 22.8.2017 en official journal of the european union l 216/23 decision (eu) 2017/1493 of the european central bank of 3 august 2017 amending decision ecb/2014/29 on the provision to the european central bank of supervisory data reported to the national competent authorities by the supervised entities pursuant to commission implementing regulation (eu) no 680/2014 (ecb/2017/23) the governing council of the european central bank, having regard to council regulation (eu) no 1024/2013 of 15 october 2013 conferring specific tasks on the european central bank concerning policies relating to prudential supervision of credit institutions (1), and in particular article 6(2) thereof, having regard to regulation (eu) no 468/2014 of the european central bank of 16 april 2014 establishing the framework for cooperation within the single supervisory mechanism between the european central bank and national competent authorities and with national designated authorities (ssm framework regulation) (ecb/2014/17) (2), and in particular article 21 and article 140(4) thereof, having regard to the proposal of the supervisory board, whereas: (1) decision ecb/2014/29 (3) stipulates rules for providing to the european central bank supervisory data reported to the national competent authorities by supervised entities pursuant to commission implementing regulation (eu) no 680/2014 (4). (2) the european commission has adopted on 14 september 2016 commission implementing regulation (eu) 2016/2070 (5), which lays down reporting requirements for institutions permitted to use internal approaches for the calculation of risk-weighted exposure amounts or own funds requirements, except for operational risk. those institutions are required to report the results of the calculations of their internal approaches for their exposures or positions that are included in the benchmark portfolios provided by the european banking authority. (3) decision ecb/2014/29 should cover the information to be reported by supervised entities on the basis of implementing regulation (eu) 2016/2070. (4) therefore, decision ecb/2014/29 should be amended accordingly, has adopted this decision: article 1 amendments decision ecb/2014/29 is amended as follows: 1. the title is replaced by the following: decision of the european central bank of 2 july 2014 on the provision to the european central bank of supervisory data reported to the national competent authorities by the supervised entities pursuant to commission implementing regulations (eu) no 680/2014 and (eu) 2016/2070 (ecb/2014/29) (2014/477/eu); 2. article 1 is replaced by the following: article 1 scope pursuant to article 21 of the ssm framework regulation, this decision lays down procedures concerning the submission to the ecb of data reported to the national competent authorities by the supervised entities on the basis of implementing regulation (eu) no 680/2014 and commission implementing regulation (eu) 2016/2070 (*1). (*1) commission implementing regulation (eu) 2016/2070 of 14 september 2016 laying down implementing technical standards for templates, definitions and it-solutions to be used by institutions when reporting to the european banking authority and to competent authorities in accordance with article 78(2) of directive 2013/36/eu of the european parliament and of the council (oj l 328, 2.12.2016, p. 1).;" 3. article 3 is replaced by the following: article 3 remittance dates 1. national competent authorities shall submit to the ecb the data referred to in article 1 and reported to them by the supervised entities on the following remittance dates: (1) by 12 noon central european time (cet) (*2) on the 10th working day following the relevant remittance dates referred to in implementing regulation (eu) no 680/2014 and article 4 of implementing regulation (eu) 2016/2070 with respect to: (a) significant supervised entities reporting at the highest level of consolidation within the participating member states; (b) significant supervised entities that are not part of a supervised group; (c) supervised entities which are classified as significant in accordance with the three most significant credit institutions criterion in their member state and which report on a consolidated basis or on an individual basis, if they are not required to report on a consolidated basis; (d) other supervised entities reporting on a consolidated basis or on an individual basis, if they are not required to report on a consolidated basis, which are included in the list of institutions covered by the reporting to the european banking authority (eba) in accordance with article 2 of decision eba/dc/2015/130 of the european banking authority (*3) and article 2 of decision eba/dc/2016/156 of the european banking authority (*4); (2) by close of business on the 25th working day following the relevant remittance dates referred to in implementing regulation (eu) no 680/2014 and article 4 of implementing regulation (eu) 2016/2070 with respect to: (a) significant supervised entities reporting on a consolidated and sub-consolidated basis insofar as these data have not been submitted in accordance with point (1); (b) significant supervised entities that are part of a supervised group reporting on an individual basis insofar as these data have not been submitted in accordance with point (1); (c) less significant supervised entities reporting at the highest level of consolidation within the participating member states insofar as these data have not been submitted in accordance with point (1); (d) less significant supervised entities that are not part of a supervised group insofar as these data have not been submitted in accordance with point (1); (4) by close of business on the 35th working day following the relevant remittance dates referred to in implementing regulation (eu) no 680/2014 and article 4 of implementing regulation (eu) 2016/2070 with respect to: (a) less significant supervised entities reporting on a consolidated and sub-consolidated basis insofar as these data have not been submitted in accordance with points (1) and (2); (b) less significant supervised entities that are part of a supervised group reporting on an individual basis insofar as these data have not been submitted in accordance with point (1). 2. by derogation from paragraph 1, the national competent authorities shall submit to the ecb the data referred to in article 5 of implementing regulation (eu) 2016/2070 on the following remittance dates: (1) by 12 noon cet on the 10th working day following 11 november of each calendar year with respect to: (a) significant supervised entities reporting at the highest level of consolidation within the participating member states; (b) significant supervised entities that are not part of a supervised group; (c) supervised entities which are classified as significant in accordance with the three most significant credit institutions criterion in their member state and report on a consolidated basis or on an individual basis, if they are not required to report on a consolidated basis; (d) other supervised entities reporting on a consolidated basis or on an individual basis, if they are not required to report on a consolidated basis, that are included in the list of institutions covered by the reporting to the eba in accordance with article 2 of decision eba/dc/2016/156; (2) by close of business on the 25th working day following 11 november of each calendar year with respect to: (a) significant supervised entities reporting on a consolidated and sub-consolidated basis insofar as these data have not been submitted in accordance with point (1); (b) significant supervised entities that are part of a supervised group reporting on an individual basis insofar as these data have not been submitted in accordance with point (1); (c) less significant supervised entities reporting at the highest level of consolidation within the participating member states insofar as these data have not been submitted in accordance with point (1); (d) less significant supervised entities that are not part of a supervised group insofar as these data have not been submitted in accordance with point (1); (3) by close of business on the 35th working day following 11 november of each calendar year with respect to: (a) less significant supervised entities reporting on a consolidated and sub-consolidated basis insofar as these data have not been submitted in accordance with points (1) and (2); (b) less significant supervised entities that are part of a supervised group reporting on an individual basis insofar as these data have not been submitted in accordance with point (1); (*2) cet takes account of the change to central european summer time." (*3) decision eba/dc/2015/130 of the european banking authority of 23 september 2015 on reporting by competent authorities to the eba. available on the eba's website at www.eba.europa.eu" (*4) decision eba/dc/2016/156 of the european banking authority of 31 may 2016 on data for supervisory benchmarking. available on the eba's website at www.eba.europa.eu;" 4. in article 4, paragraph 1 is replaced by the following: 1. national competent authorities shall monitor and assess the quality and reliability of the data made available to the ecb. national competent authorities shall apply the relevant validation rules developed, maintained and published by the eba. national competent authorities shall also apply the additional data quality checks defined by the ecb in cooperation with the national competent authorities.; 5. in article 6, paragraph 1 is replaced by the following: 1. national competent authorities shall submit the data specified in this decision according to the relevant data point model and extensible business reporting language taxonomy, developed, maintained and published by the eba.; 6. the following article 7a is inserted: article 7a first reporting following the taking effect of decision (eu) 2017/1493 of the european central bank (ecb/2017/23) 1. national competent authorities shall submit the data reported to them pursuant to implementing regulation (eu) 2016/2070 in accordance with decision (eu) 2017/1493 of the european central bank (ecb/2017/23) (*5) beginning with the first remittance dates which occur after that decision takes effect. 2. national competent authorities shall submit the data reported to them pursuant to implementing regulation (eu) no 680/2014 by institutions included in the list of institutions covered by the reporting to the eba pursuant to article 2 of decision eba/dc/2016/156 in accordance with article 3(1)(1)(d) beginning with the first remittance dates which occur after decision (eu) 2017/1493 (ecb/2017/23) takes effect. (*5) decision (eu) 2017/1493 of the european central bank of 3 august 2017 amending decision ecb/2014/29 on the provision to the european central bank of supervisory data reported to the national competent authorities by the supervised entities pursuant to commission implementing regulation (eu) no 680/2014 (ecb/2017/23) (oj l 216, 22.8.2017, p. 23)." article 2 taking effect this decision shall take effect on the day of its notification to the addressees. article 3 addressees this decision is addressed to the national competent authorities of the participating member states. done at frankfurt am main, 3 august 2017. the president of the ecb mario draghi (1) oj l 287, 29.10.2013, p. 63. (2) oj l 141, 14.5.2014, p. 1. (3) decision ecb/2014/29 of 2 july 2014 on the provision to the european central bank of supervisory data reported to the national competent authorities by the supervised entities pursuant to commission implementing regulation (eu) no 680/2014 (oj l 214, 19.7.2014, p. 34). (4) commission implementing regulation (eu) no 680/2014 of 16 april 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to regulation (eu) no 575/2013 of the european parliament and of the council (oj l 191, 28.6.2014, p. 1). (5) commission implementing regulation (eu) 2016/2070 of 14 september 2016 laying down implementing technical standards for templates, definitions and it-solutions to be used by institutions when reporting to the european banking authority and to competent authorities in accordance with article 78(2) of directive 2013/36/eu of the european parliament and of the council (oj l 328, 2.12.2016, p. 1).

name: commission implementing decision (eu) 2017/1483 of 8 august 2017 amending decision 2006/771/ec on harmonisation of the radio spectrum for use by short-range devices and repealing decision 2006/804/ec (notified under document c(2017) 5464) (text with eea relevance. ) type: decision_impl subject matter: technology and technical regulations; communications; research and intellectual property date published: 2017-08-18 18.8.2017 en official journal of the european union l 214/3 commission implementing decision (eu) 2017/1483 of 8 august 2017 amending decision 2006/771/ec on harmonisation of the radio spectrum for use by short-range devices and repealing decision 2006/804/ec (notified under document c(2017) 5464) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to decision no 676/2002/ec of the european parliament and of the council of 7 march 2002 on a regulatory framework for radio spectrum policy in the european community (radio spectrum decision) (1), and in particular article 4(3) thereof, whereas: (1) commission decision 2006/771/ec (2) harmonises the technical conditions for use of spectrum for a wide variety of short-range devices, including applications such as alarms, local communications equipment, door openers, medical implants and intelligent transport systems. short-range devices are typically mass-market and/or portable products which can easily be taken and used across borders; differences in spectrum access conditions therefore prevent their free movement, increase their production costs and create risks of harmful interference with other radio applications and services. a regulatory framework for short-range devices supports innovation for a wide range of applications. (2) decision no 243/2012/eu of the european parliament and of the council (3) requires member states, in cooperation with the commission, where appropriate, to foster the collective use of spectrum as well as shared use of spectrum in order to enhance efficiency and flexibility, and to seek to ensure spectrum availability for radio-frequency identification (rfid) and the internet of things (iot). (3) due to the growing importance of short-range devices for the economy, and in view of rapid changes in technology and societal demands, new applications for short-range devices may emerge. such applications will require regular updates of harmonised technical conditions for spectrum use. (4) on 5 july 2006, the commission issued a permanent mandate to the european conference of postal and telecommunications administrations (cept), pursuant to article 4(2) of decision no 676/2002/ec, to update the annex to decision 2006/771/ec in response to technological and market developments in the area of short-range devices. (5) commission decisions 2008/432/ec (4), 2009/381/ec (5) and 2010/368/eu (6) and commission implementing decisions 2011/829/eu (7) and 2013/752/eu (8) already amended the harmonised technical conditions for short-range devices laid down in decision 2006/771/ec by replacing its annex. (6) in its july 2016 report (9), submitted in response to the above-mentioned mandate, the cept informed the commission of the results of the requested examination of the other usage restrictions in the annex to decision 2006/771/ec and advised the commission to amend a number of technical aspects in that annex. (7) the results of the cept analysis show that short-range devices operating on a non-exclusive and shared basis need, on the one hand, legal certainty regarding the possibility of using spectrum on a shared basis, which can be achieved through predictable technical conditions for the shared use of harmonised bands which ensure reliable and efficient use of those bands. these short-range devices also need, on the other hand, sufficient flexibility to allow for a wide variety of applications, in order to maximise the benefits of wireless innovation in the union. it is therefore necessary to harmonise defined technical usage conditions to prevent harmful interference and to ensure as much flexibility as possible, while fostering reliable and efficient use of frequency bands by short-range devices. (8) the scope of the categories as defined in the annex should give users predictability as regards other short-range devices that are allowed to use the same frequency band on a non-exclusive and shared basis. consequently manufacturers should ensure that short-range devices effectively avoid harmful interference with other short-range devices. equipment operating within the conditions set out in this decision should also comply with directive 2014/53/eu of the european parliament and of the council (10). (9) in the specific frequency bands covered by this decision, the combination of the categorisation of short-range devices and the identification of the technical usage conditions (frequency band, transmit power limit/field strength limit/power density limit, additional parameters and other usage restrictions) applicable to such categories establishes a predictable harmonised sharing environment allowing short-range devices to share the use of spectrum with each other on a non-exclusive basis, regardless of the purpose of such use. (10) in order to safeguard the legal certainty and the predictability of such harmonised sharing environments, the use of harmonised bands either by short-range devices which are not part of a harmonised category or under less restrictive technical parameters should only be allowed to the extent that the relevant sharing environment is not compromised. (11) on 2 july 2014, in the document timeframe and guidance to cept for the sixth update of the srd decision (rscom 13-78rev2), the commission called on the cept to consider merging other existing decisions pertaining to short-range devices into decision 2006/771/ec. in its july 2016 report (9), the cept revised the technical parameters for rfid devices and recommended that the commission repeal decision 2006/804/ec (11) and include the revised parameters for rfid within this decision. (12) in an addendum to its july 2016 report (12), submitted in march 2017 in response to the above-mentioned mandate, the cept informed the commission of further possibilities for an approach to technical harmonisation of radio spectrum for use by short-range devices in the 870-876 mhz and 915-921 mhz bands also taking into account new opportunities in the 863-868 mhz band already harmonised for short-range devices. these possibilities apply mainly to new types of machine-to-machine (m2m)/iot applications in short-range device networks which can benefit from economies of scale as a result of harmonisation at union level. (13) the results of cept's work on the addendum show that the new opportunities in the 863-868 mhz band are fully in line with the harmonised sharing environments established by decision 2006/771/ec and its updates and should therefore be included in its annex. the 870-876 mhz and 915-921 mhz bands should not be included in the annex to that decision, owing to the need for greater flexibility in implementation. (14) on the basis of the overall results of the cept's work, the regulatory conditions for short-range devices can be streamlined, e.g., by merging two decisions pertaining to short-range devices and by improving technical conditions. the updating of harmonised spectrum access conditions for short-range devices should help to achieve the objective set by decision no 243/2012/eu to foster the collective use of spectrum in the internal market by given categories of short-range devices. (15) the annex to decision 2006/771/ec should therefore be amended, and decision 2006/804/ec should be repealed accordingly. (16) the measures provided for in this decision are in accordance with the opinion of the radio spectrum committee, has adopted this decision: article 1 the annex to decision 2006/771/ec is replaced by the text in the annex to this decision. article 2 decision 2006/804/ec is repealed with effect from 1 january 2018. article 3 member states shall report to the commission on the implementation of this decision by 2 may 2018 at the latest. article 4 this decision is addressed to the member states. done at brussels, 8 august 2017. for the commission mariya gabriel member of the commission (1) oj l 108, 24.4.2002, p. 1. (2) commission decision 2006/771/ec of 9 november 2006 on harmonisation of the radio spectrum for use by short-range devices (oj l 312, 11.11.2006, p. 66). (3) decision no 243/2012/eu of the european parliament and of the council of 14 march 2012 establishing a multiannual radio spectrum policy programme (oj l 81, 21.3.2012, p. 7). (4) commission decision 2008/432/ec of 23 may 2008 amending decision 2006/771/ec on harmonisation of the radio spectrum for use by short-range devices (oj l 151, 11.6.2008, p. 49). (5) commission decision 2009/381/ec of 13 may 2009 amending decision 2006/771/ec on harmonisation of the radio spectrum for use by short-range devices (oj l 119, 14.5.2009, p. 32). (6) commission decision 2010/368/eu of 30 june 2010 amending decision 2006/771/ec on harmonisation of the radio spectrum for use by short-range devices (oj l 166, 1.7.2010, p. 33). (7) commission implementing decision 2011/829/eu of 8 december 2011 amending decision 2006/771/ec on harmonisation of the radio spectrum for use by short-range devices (oj l 329, 13.12.2011, p. 10). (8) commission implementing decision 2013/752/eu of 11 december 2013 amending decision 2006/771/ec on harmonisation of the radio spectrum for use by short-range devices and repealing decision 2005/928/ec (oj l 334, 13.12.2013, p. 17). (9) cept report 59, rscom 16-24. (10) directive 2014/53/eu of the european parliament and of the council of 16 april 2014 on the harmonisation of the laws of the member states relating to the making available on the market of radio equipment and repealing directive 1999/5/ec (oj l 153, 22.5.2014, p. 62). (11) commission decision 2006/804/ec of 23 november 2006 on harmonisation of the radio spectrum for radio frequency identification (rfid) devices operating in the ultra high frequency (uhf) band (oj l 329, 25.11.2006, p. 64). (12) addendum to cept report 59, rscom 17-07. annex annex harmonised frequency bands and technical parameters for short-range devices band no frequency band [i] category of short-range devices [ii] transmit power limit/field strength limit/power density limit [iii] additional parameters (channelling and/or channel access and occupation rules) [iv] other usage restrictions [v] implementation deadline 1 9-59,750 khz inductive devices [14] 72 d /m at 10 metres 1 july 2014 2 9-315 khz active medical implant devices [1] 30 d /m at 10 metres duty cycle limit [vi]: 10 % this set of usage conditions is only available to active implantable medical devices [7]. 1 july 2014 3 59,750-60,250 khz inductive devices [14] 42 d /m at 10 metres 1 july 2014 4 60,250-74,750 khz inductive devices [14] 72 db a/m at 10 metres 1 july 2014 5 74,750-75,250 khz inductive devices [14] 42 db a/m at 10 metres 1 july 2014 6 75,250-77,250 khz inductive devices [14] 72 db a/m at 10 metres 1 july 2014 7 77,250-77,750 khz inductive devices [14] 42 db a/m at 10 metres 1 july 2014 8 77,750-90 khz inductive devices [14] 72 db a/m at 10 metres 1 july 2014 9 90-119 khz inductive devices [14] 42 db a/m at 10 metres 1 july 2014 10 119-128,6 khz inductive devices [14] 66 db a/m at 10 metres 1 july 2014 11 128,6-129,6 khz inductive devices [14] 42 db a/m at 10 metres 1 july 2014 12 129,6-135 khz inductive devices [14] 66 db a/m at 10 metres 1 july 2014 13 135-140 khz inductive devices [14] 42 db a/m at 10 metres 1 july 2014 14 140-148,5 khz inductive devices [14] 37,7 d /m at 10 metres 1 july 2014 15 148,5-5 000 khz [17] inductive devices [14] 15 d /m at 10 metres in any bandwidth of 10 khz. furthermore the total field strength is 5 d /m at 10 m for systems operating at bandwidths larger than 10 khz 1 july 2014 17 400-600 khz radio frequency identification (rfid) devices [12] 8 d /m at 10 metres 1 july 2014 18 456,9-457,1 khz non-specific short-range devices [3] 7 db a/m at 10 m this set of usage conditions is only available for emergency detections of buried victims and valuable items devices. 1 july 2014 19 984-7 484 khz transport and traffic telematics devices [13] 9 d /m at 10 m duty cycle limit [vi]: 1 % this set of usage conditions is only available for eurobalise transmissions in the presence of trains and using the 27 mhz band for telepowering. 1 july 2014 20 3 155 -3 400 khz inductive devices [14] 13,5 d /m at 10 metres 1 july 2014 21 5 000 -30 000 khz [18] inductive devices [14] 20 d /m at 10 metres in any bandwidth of 10 khz. furthermore the total field strength is 5 d /m at 10 m for systems operating at bandwidths larger than 10 khz 1 july 2014 22 6 765 -6 795 khz inductive devices [14] 42 d /m at 10 metres 1 july 2014 23 7 300 -23 000 khz transport and traffic telematics devices [13] 7 d /m at 10 m antenna restrictions apply that provide at least equivalent performance to the techniques described in the harmonised standards adopted under directive 2014/53/eu. this set of usage conditions is only available for euroloop transmissions in the presence of trains and using the 27 mhz band for telepowering. 1 july 2014 24 7 400 -8 800 khz inductive devices [14] 9 d /m at 10 metres 1 july 2014 25 10 200 -11 000 khz inductive devices [14] 9 d /m at 10 metres 1 july 2014 27a 13 553 -13 567 khz inductive devices [14] 42 d /m at 10 metres 1 july 2014 27b 13 553 -13 567 khz radio frequency identification (rfid) devices [12] 60 d /m at 10 metres the transmission mask and antenna requirements for all combined frequency segments have to provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu. 1 july 2014 27c 13 553 -13 567 khz non-specific short-range devices [3] 42 d /m at 10 metres 1 july 2014 28 26 957 -27 283 khz non-specific short-range devices [3] 10 mw effective radiated power (e.r.p.) 1 july 2014 29 26 990 -27 000 khz non-specific short-range devices [3] 100 mw e.r.p. duty cycle limit [vi]: 0,1 %. model control devices may operate without duty cycle restrictions [11]. 1 july 2014 30 27 040 -27 050 khz non-specific short-range devices [3] 100 mw e.r.p. duty cycle limit [vi]: 0,1 %. model control devices may operate without duty cycle restrictions [11]. 1 july 2014 31 27 090 -27 100 khz non-specific short-range devices [3] 100 mw e.r.p. duty cycle limit [vi]: 0,1 %. model control devices may operate without duty cycle restrictions [11]. 1 july 2014 32 27 140 -27 150 khz non-specific short-range devices [3] 100 mw e.r.p. duty cycle limit [vi]: 0,1 %. model control devices may operate without duty cycle restrictions [11]. 1 july 2014 33 27 190 -27 200 khz non-specific short-range devices [3] 100 mw e.r.p. duty cycle limit [vi]: 0,1 %. model control devices may operate without duty cycle restrictions [11]. 1 july 2014 34 30-37,5 mhz active medical implant devices [1] 1 mw e.r.p. duty cycle limit [vi]: 10 % this set of usage conditions is only available to ultra-low power medical membrane implants for blood pressure measurements within the definition of active implantable medical devices [7] in directive 90/385/eec. 1 july 2014 35 40,66-40,7 mhz non-specific short-range devices [3] 10 mw e.r.p. 1 january 2018 36 87,5-108 mhz high duty cycle/continuous transmission devices [8] 50 nw e.r.p. channel spacing up to 200 khz. this set of usage conditions is only available to wireless audio and multimedia streaming transmitters with analogue frequency modulation (fm). 1 july 2014 37a 169,4-169,475 mhz assistive listening devices (ald) [4] 500 mw e.r.p. channel spacing: max 50 khz. 1 july 2014 37c 169,4-169,475 mhz non-specific short-range devices [3] 500 mw e.r.p. channel spacing: max 50 khz. duty cycle limit [vi]: 1,0 %. for metering devices [5], the duty cycle limit [vi] is 10,0 % 1 july 2014 38 169,4-169,4875 mhz non-specific short-range devices [3] 10 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. duty cycle limit [vi]: 0,1 %. 1 july 2014 39a 169,4875-169,5875 mhz assistive listening devices (ald) [4] 500 mw e.r.p. channel spacing: max 50 khz. 1 july 2014 39b 169,4875-169,5875 mhz non-specific short-range devices [3] 10 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. duty cycle limit [vi]: 0,001 %. between 00:00h and 06:00h local time a duty cycle limit [vi] of 0,1 % may be used. 1 july 2014 40 169,5875-169,8125 mhz non-specific short-range devices [3] 10 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. duty cycle limit [vi]: 0,1 %. 1 july 2014 82 173,965-216 mhz assistive listening devices (ald) [4] 10 mw e.r.p. on a tuning range basis [25]. channel spacing: max 50 khz. a threshold of 35 db v/m is required to ensure the protection of a dab receiver located at 1,5 m from the ald device, subject to dab signal strength measurements taken around the ald operating site. the ald device should operate under all circumstances at least 300 khz away from the channel edge of an occupied dab channel. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. 1 january 2018 41 401-402 mhz active medical implant devices [1] 25 w e.r.p. channel spacing: 25 khz. individual transmitters may combine adjacent channels for increased bandwidth up to 100 khz. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. alternatively a duty cycle limit [vi] of 0,1 % may also be used. this set of usage conditions is only available for systems specifically designed for the purpose of providing non-voice digital communications between active implantable medical devices [7] and/or body-worn devices and other devices external to the human body used for transferring non-time-critical individual patient-related physiological information. 1 july 2014 42 402-405 mhz active medical implant devices [1] 25 w e.r.p. channel spacing: 25 khz. individual transmitters may combine adjacent channels for increased bandwidth up to 300 khz. other techniques to access spectrum or mitigate interference, including bandwidths greater than 300 khz, can be used provided they result at least in an equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu to ensure compatible operation with the other users and in particular with meteorological radiosondes. this set of usage conditions is only available to active implantable medical devices [7]. 1 july 2014 43 405-406 mhz active medical implant devices [1] 25 w e.r.p. channel spacing: 25 khz individual transmitters may combine adjacent channels for increased bandwidth up to 100 khz. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. alternatively a duty cycle limit [vi] of 0,1 % may also be used. this set of usage conditions is only available for systems specifically designed for the purpose of providing non-voice digital communications between active implantable medical devices [7] and/or body-worn devices and other devices external to the human body used for transferring non-time-critical individual patient-related physiological information. 1 july 2014 44a 433,05-434,04 mhz non-specific short-range devices [3] 1 mw e.r.p. and 13 dbm/10 khz power density for bandwidth modulation larger than 250 khz voice applications are allowed with advanced mitigation techniques. audio and video applications are excluded. 1 july 2014 44b 433,05-434,04 mhz non-specific short-range devices [3] 10 mw e.r.p. duty cycle limit [vi]: 10 % analogue audio applications other than voice are excluded. analogue video applications are excluded. 1 july 2014 45a 434,04-434,79 mhz non-specific short-range devices [3] 1 mw e.r.p. and 13 dbm/10 khz power density for bandwidth modulation larger than 250 khz voice applications are allowed with advanced mitigation techniques. audio and video applications are excluded. 1 july 2014 45b 434,04-434,79 mhz non-specific short-range devices [3] 10 mw e.r.p. duty cycle limit [vi]: 10 % analogue audio applications other than voice are excluded. analogue video applications are excluded. 1 july 2014 45c 434,04-434,79 mhz non-specific short-range devices [3] 10 mw e.r.p. duty cycle limit [vi]: 100 % subject to channel spacing up to 25 khz. voice applications are allowed with advanced mitigation techniques. audio and video applications are excluded. 1 july 2014 83 446,0-446,2 mhz pmr446 [21] 500 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. 1 january 2018 46a 863-865 mhz non-specific short-range devices [3] 25 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. alternatively a duty cycle limit [vi] of 0,1 % may also be used. 1 january 2018 46b 863-865 mhz high duty cycle/continuous transmission devices [8] 10 mw e.r.p. this set of usage conditions is only available to wireless audio and multimedia streaming devices. 1 july 2014 84 863-868 mhz wideband data transmission devices [16] 25 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. bandwidth: 1 mhz. duty cycle [vi]: 10 % for network access points [26] duty cycle [vi]: 2,8 % otherwise this set of usage conditions is only available for wideband srds in data networks [26]. 1 january 2018 47 865-868 mhz non-specific short-range devices [3] 25 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. alternatively a duty cycle limit [vi] of 1 % may also be used. analogue audio applications other than voice are excluded. analogue video applications are excluded. 1 july 2014 47a 865-868 mhz radio frequency identification (rfid) devices [12] 2 w e.r.p. interrogator transmissions at 2 w e.r.p. are only permitted within the four channels centred at 865,7 mhz, 866,3 mhz, 866,9 mhz and 867,5 mhz; each with a maximum bandwidth of 200 khz. rfid interrogator devices placed on the market before the repeal date of ec decision 2006/804/ec are grandfathered , i.e. they are continuously permitted to be used in line with the provisions set out in ec decision 2006/804/ec before the repeal date. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. 1 january 2018 47b 865-868 mhz non-specific short-range devices [3] 500 mw e.r.p. transmissions only permitted within the bands 865,6-865,8 mhz, 866,2-866,4 mhz, 866,8-867,0 mhz and 867,4-867,6 mhz. adaptive power control (apc) required. alternatively other mitigation technique with at least an equivalent level of spectrum compatibility. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. bandwidth: 200 khz duty cycle [vi]: 10 % for network access points [26] duty cycle [vi]: 2,5 % otherwise this set of usage conditions is only available for data networks [26]. 1 january 2018 48 868-868,6 mhz non-specific short-range devices [3] 25 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. alternatively a duty cycle limit [vi] of 1 % may also be used. analogue video applications are excluded. 1 july 2014 49 868,6-868,7 mhz low duty cycle/high reliability devices [15] 10 mw e.r.p. channel spacing: 25 khz the whole frequency band may also be used as a single channel for high-speed data transmission. duty cycle limit [vi]: 1,0 % this set of usage conditions is only available to alarm systems [22]. 1 july 2014 50 868,7-869,2 mhz non-specific short-range devices [3] 25 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. alternatively a duty cycle limit [vi] of 0,1 % may also be used. analogue video applications are excluded. 1 july 2014 51 869,2-869,25 mhz low duty cycle/high reliability devices [15] 10 mw e.r.p. channel spacing: 25 khz. duty cycle limit [vi]: 0,1 % this set of usage conditions is only available to social alarm devices [6]. 1 july 2014 52 869,25-869,3 mhz low duty cycle/high reliability devices [15] 10 mw e.r.p. channel spacing: 25 khz duty cycle limit [vi]: 0,1 % this set of usage conditions is only available to alarm systems [22]. 1 july 2014 53 869,3-869,4 mhz low duty cycle/high reliability devices [15] 10 mw e.r.p. channel spacing: 25 khz duty cycle limit [vi]: 1,0 % this set of usage conditions is only available to alarm systems [22]. 1 july 2014 54 869,4-869,65 mhz non-specific short-range devices [3] 500 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. alternatively a duty cycle limit [vi] of 10 % may also be used. analogue video applications are excluded. 1 july 2014 55 869,65-869,7 mhz low duty cycle/high reliability devices [15] 25 mw e.r.p. channel spacing: 25 khz duty cycle limit [vi]: 10 % this set of usage conditions is only available to alarm systems [22]. 1 july 2014 56a 869,7-870 mhz non-specific short-range devices [3] 5 mw e.r.p. voice applications allowed with advanced mitigation techniques. audio and video applications are excluded. 1 july 2014 56b 869,7-870 mhz non-specific short-range devices [3] 25 mw e.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. alternatively a duty cycle limit [vi] of 1 % may also be used. analogue audio applications other than voice are excluded. analogue video applications are excluded. 1 july 2014 57a 2 400 -2 483,5 mhz non-specific short-range devices [3] 10 mw equivalent isotropic radiated power (e.i.r.p.) 1 july 2014 57b 2 400 -2 483,5 mhz radio determination devices [9] 25 mw e.i.r.p. 1 july 2014 57c 2 400 -2 483,5 mhz wideband data transmission devices [16] 100 mw e.i.r.p. and 100 mw/100 khz e.i.r.p. density applies when frequency hopping modulation is used, 10 mw/mhz e.i.r.p. density applies when other types of modulation are used techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. 1 july 2014 58 2 446 -2 454 mhz radio frequency identification (rfid) devices [12] 500 mw e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. 1 july 2014 59 2 483,5 -2 500 mhz active medical implant devices [1] 10 mw e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. channel spacing: 1 mhz. the whole frequency band may also be used dynamically as a single channel for high-speed data transmissions. in addition, a duty cycle limit [vi] of 10 % applies. this set of usage conditions is only available to active implantable medical devices [7]. peripheral master units are for indoor use only. 1 july 2014 59a 2 483,5 -2 500 mhz medical data acquisition [20] 1 mw e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. modulation bandwidth: 3 mhz. in addition, aduty cycle [vi]: 10 % applies. the set of usage conditions is only available for medical body area network system (mbans) [23] for indoor use within healthcare facilities 1 january 2018 59b 2 483,5 -2 500 mhz medical data acquisition [20] 10 mw e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. modulation bandwidth: 3 mhz. in addition, a duty cycle [vi]: 2 % applies. the set of usage conditions is only available for medical body area network system (mbans) [23] for indoor use within the patient's home 1 january 2018 60 4 500 -7 000 mhz radio determination devices [9] 24 dbm e.i.r.p. [19] techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to tank level probing radar [10]. 1 july 2014 61 5 725 -5 875 mhz non-specific short-range devices [3] 25 mw e.i.r.p. 1 july 2014 62 5 795 -5 815 mhz transport and traffic telematics devices [13] 2 w e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions applies only to road tolling applications. 1 january 2018 63 6 000 -8 500 mhz radio determination devices [9] 7 dbm/50 mhz peak e.i.r.p. and 33 dbm/mhz mean e.i.r.p. automatic power control and antenna requirements as well as equivalent techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to level probing radar. established exclusion zones around radio astronomy sites must be obeyed. 1 july 2014 64 8 500 -10 600 mhz radio determination devices [9] 30 dbm e.i.r.p. [19] techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to tank level probing radar [10]. 1 july 2014 65 17,1-17,3 ghz radio determination devices [9] 26 dbm e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to ground-based systems. 1 july 2014 66 24,05-24,075 ghz transport and traffic telematics devices [13] 100 mw e.i.r.p. 1 july 2014 67 24,05-26,5 ghz radio determination devices [9] 26 dbm/50 mhz peak e.i.r.p. and 14 dbm/mhz mean e.i.r.p. automatic power control and antenna requirements as well as equivalent techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to level probing radar. established exclusion zones around radio astronomy sites must be obeyed. 1 july 2014 68 24,05-27 ghz radio determination devices [9] 43 dbm e.i.r.p. [19] techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to tank level probing radar [10]. 1 july 2014 69a 24,075-24,15 ghz transport and traffic telematics devices [13] 100 mw e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. dwell time limits and frequency modulation range apply as specified in harmonised standards. this set of usage conditions is only available to ground-based vehicle radars. 1 july 2014 69b 24,075-24,15 ghz transport and traffic telematics devices [13] 0,1 mw e.i.r.p. 1 july 2014 70a 24,15-24,25 ghz non-specific short-range devices [3] 100 mw e.i.r.p. 1 july 2014 70b 24,15-24,25 ghz transport and traffic telematics devices [13] 100 mw e.i.r.p. 1 july 2014 71 24,25-24,495 ghz transport and traffic telematics devices [13] 11 dbm e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. duty cycle limits [vi] and frequency modulation ranges apply as specified in harmonised standards. this set of usage conditions is only available to ground-based vehicle radars operating in the harmonised 24 ghz frequency range. 1 july 2014 72 24,25-24,5 ghz transport and traffic telematics devices [13] 20 dbm e.i.r.p. (forward-facing radars) 16 dbm e.i.r.p. (rear-facing radars) techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. duty cycle limits [vi] and frequency modulation range apply as specified in harmonised standards. this set of usage conditions is only available to ground-based vehicle radars operating in the harmonised 24 ghz frequency range. 1 july 2014 73 24,495-24,5 ghz transport and traffic telematics devices [13] 8 dbm e.i.r.p. techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. duty cycle limits [vi] and frequency modulation range apply as specified in harmonised standards. this set of usage conditions is only available to ground-based vehicle radars operating in the harmonised 24 ghz frequency range. 1 july 2014 74a 57-64 ghz non-specific short-range devices [3] 100 mw e.i.r.p., a maximum transmit power of 10dbm and a maximum e.i.r.p. power spectral density of 13dbm/mhz 1 july 2014 74b 57-64 ghz radio determination devices [9] 43 dbm e.i.r.p. [19] techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to tank level probing radar [10]. 1 july 2014 74c 57-64 ghz radio determination devices [9] 35 dbm/50 mhz peak e.i.r.p. and 2 dbm/mhz mean e.i.r.p. automatic power control and antenna requirements as well as equivalent techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to level probing radar. 1 july 2014 75 57-66 ghz wideband data transmission devices [16] 40 dbm e.i.r.p. and 13 dbm/mhz e.i.r.p. density techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. fixed outdoor installations are excluded. 1 july 2014 76 61-61,5 ghz non-specific short-range devices [3] 100 mw e.i.r.p. 1 july 2014 77 63-64 ghz transport and traffic telematics devices [13] 40 dbm e.i.r.p. this set of usage conditions is only available to vehicle-to-vehicle, vehicle-to-infrastructure and infrastructure-to-vehicle systems. 1 july 2014 78a 75-85 ghz radio determination devices [9] 34dbm/50 mhz peak e.i.r.p. and 3 dbm/mhz mean e.i.r.p. automatic power control and antenna requirements as well as equivalent techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to level probing radar. established exclusion zones around radio astronomy sites must be obeyed. 1 july 2014 78b 75-85 ghz radio determination devices [9] 43 dbm e.i.r.p. [19] techniques to access spectrum and mitigate interference that provide at least equivalent performance to the techniques described in harmonised standards adopted under directive 2014/53/eu must be used. this set of usage conditions is only available to tank level probing radar [10]. 1 july 2014 79a 76-77 ghz transport and traffic telematics devices [13] 55 dbm peak e.i.r.p. and 50 dbm mean e.i.r.p. and 23,5 dbm mean e.i.r.p. for pulse radars this set of usage conditions is only available to ground-based vehicle and infrastructure systems. 1 july 2014 79b 76-77 ghz transport and traffic telematics devices [13] 30 dbm peak e.i.r.p. and 3 dbm/mhz average power spectral density duty cycle limit [vi]: 56 %/s this set of usage conditions is only available to obstacle detection systems for rotorcraft use [24]. 1 january 2018 80a 122-122,25 ghz non-specific short-range devices [3] 10 dbm e.i.r.p/250 mhz and 48 dbm/mhz at 30 elevation 1 january 2018 80b 122,25-123 ghz non-specific short-range devices [3] 100 mw e.i.r.p. 1 january 2018 81 244-246 ghz non-specific short-range devices [3] 100 mw e.i.r.p. 1 july 2014 [i] member states must allow adjacent frequency bands within this table to be used as a single frequency band provided the specific conditions of each of these adjacent frequency bands are met. [ii] as defined in article 2(3) [iii] member states must allow the usage of spectrum up to the transmit power, field strength or power density given in this table. in accordance with article 3(3), they may impose less restrictive conditions, i.e. allow the use of spectrum with higher transmit power, field strength or power density, provided that this does not reduce or compromise the appropriate coexistence between short-range devices in bands harmonised by this decision. [iv] member states may only impose these additional parameters (channelling and/or channel access and occupation rules) , and shall not add other parameters or spectrum access and mitigation requirements. less restrictive conditions within the meaning of article 3(3), mean that member states may completely omit the additional parameters (channelling and/or channel access and occupation rules) in a given cell or allow higher values, provided that the appropriate sharing environment in the harmonised band is not compromised. [v] member states may only impose these other usage restrictions and shall not add additional usage restrictions. as less restrictive conditions may be introduced within the meaning of article 3(3), member states may omit one or all of these restrictions, provided that the appropriate sharing environment in the harmonised band is not compromised. [vi] duty cycle is defined as the ratio, expressed as a percentage, of (ton)/(tobs) where ton is the on time of a single transmitter device and tobs is the observation period. ton is measured in an observation frequency band (fobs). unless otherwise specified in this technical annex, tobs is a continuous one hour period and fobs is the applicable frequency band in this technical annex. less restrictive conditions within the meaning of article 3(3), mean that member states may allow a higher value for duty cycle . [1] the active medical implant device category covers the radio part of active implantable medical devices that are intended to be totally or partially introduced, surgically or medically, into the human body or that of an animal, and where applicable their peripherals. [3] the non-specific short-range device category covers all kinds of radio devices, regardless of the application or the purpose, which fulfil the technical conditions as specified for a given frequency band. typical uses include telemetry, telecommand, alarms, data transmissions in general and other applications. [4] the assistive listening device (ald) category covers radio communications systems that allow persons suffering from hearing disability to increase their listening capability. typical system installations include one or more radio transmitters and one or more radio receivers. [5] the metering device category covers radio devices that are part of bidirectional radio communications systems which allow remote monitoring, measuring and transmission of data in smart grid infrastructures, such as electricity, gas and water. [6] social alarm devices are radio communications systems that allow reliable communication for a person in distress in a confined area to initiate a call for assistance. typical uses of social alarm are to assist elderly or disabled people. [7] active implantable medical devices as defined in council directive 90/385/eec of 20 june 1990 on the approximation of the laws of the member states relating to active implantable medical devices (oj l 189, 20.7.1990, p. 17). [8] the high duty cycle/continuous transmission device category covers radio devices that rely on low latency and high duty cycle transmissions. typical uses are for personal wireless audio and multimedia streaming systems used for combined audio/video transmissions and audio/video sync signals, mobile phones, automotive or home entertainment system, wireless microphones, cordless loudspeakers, cordless headphones, radio devices carried on a person, assistive listening devices, in-ear monitoring, wireless microphones for use at concerts or other stage productions, and low power analogue fm transmitters (band 36). [9] the radio determination device category covers radio devices that are used for determining the position, velocity and/or other characteristics of an object, or for obtaining information relating to these parameters. radiodetermination equipment typically conducts measurements to obtain such characteristics. any kind of point-to-point or point-to-multipoint radio communications is outside of this definition. [10] tank level probing radar (tlpr) is a specific type of radiodetermination application, which is used for tank level measurements and is installed in metallic or reinforced concrete tanks, or similar structures made of material with comparable attenuation characteristics. the purpose of the tank is to contain a substance. [11] model control devices are a specific kind of telecommand and telemetry radio equipment that is used to remotely control the movement of models (principally miniature representations of vehicles) in the air, on land or over or under the water surface. [12] the radio frequency identification (rfid) device category covers tag/interrogator based radio communications systems, consisting of radio devices (tags) attached to animate or inanimate items and of transmitter/receiver units (interrogators) which activate the tags and receive data back. typical uses include the tracking and identification of items, such as for electronic article surveillance (eas), and collecting and transmitting data relating to the items to which tags are attached, which may be either battery-less, battery assisted or battery powered. the responses from a tag are validated by its interrogator and passed to its host system. [13] the transport and traffic telematics device category covers radio devices that are used in the fields of transport (road, rail, water or air, depending on the relevant technical restrictions), traffic management, navigation, mobility management and in intelligent transport systems (its). typical applications are used for interfaces between different modes of transport, communication between vehicles (e.g. car to car), between vehicles and fixed locations (e.g. car to infrastructure) as well as communication from and to users. [14] the inductive device category covers radio devices that use magnetic fields with inductive loop systems for near field communications. typical uses include devices for car immobilisation, animal identification, alarm systems, cable detection, waste management, personal identification, wireless voice links, access control, proximity sensors, anti-theft systems, including rf anti-theft induction systems, data transfer to hand-held devices, automatic article identification, wireless control systems and automatic road tolling. [15] the low duty cycle/high reliability device category covers radio devices that rely on low overall spectrum utilisation and low duty cycle spectrum access rules to ensure highly reliable spectrum access and transmissions in shared bands. typical uses include alarm systems that use radio communication for indicating an alert condition at a distant location and social alarms systems that allow reliable communication for a person in distress. [16] the wideband data transmission device category covers radio devices that use wideband modulation techniques to access the spectrum. typical uses include wireless access systems such as radio local area networks (was/rlans) or wideband srds in data networks. [17] in band 20 higher field strengths and additional usage restrictions apply for inductive applications. [18] in bands 22, 24, 25, 27a, and 28 higher field strengths and additional usage restrictions apply for inductive applications. [19] the power limit applies inside a closed tank and corresponds to a spectral density of 41,3 dbm/mhz e.i.r.p. outside a 500 litre test tank. [20] the medical data acquisition category covers the transmission of non-voice data to and from non-implantable medical devices for the purpose of monitoring, diagnosing and treating patients in healthcare facilities or patient's home. [21] pmr446 equipment is hand portable (no base station or repeater use) and uses integral antennas only in order to maximise sharing and minimise interference. pmr 446 equipment operates in short range peer-to-peer mode and shall be used neither as a part of infrastructure network nor as a repeater; [22] an alarm system is a device which uses radio communication support for indicating an alert to a system or a person, as a main functionnality, at a distant location when a problem or a specific situation occurs. radio alarms include social alarms and alarms for security and safety. [23] medical body area network systems (mbanss), used for medical data acquisition, are intended to be used in healthcare facilities and patients' homes. they are low power radio systems used for the transmission of non-voice data to and from medical devices for the purposes of monitoring, diagnosing and treating patients as prescribed by duly authorised healthcare professionals and are defined in the context of medical applications only; [24] member states can specify exclusion zones or equivalent measures in which the obstacle detection application for rotorcraft use shall not be used for the protection of the radioastronomy service or other national use. rotorcraft is defined as easa cs-27 and cs-29 (resp. jar-27 and jar-29 for former certifications); [25] devices shall implement the whole frequency range on a tuning range basis. [26] a network access point in a data network is a fixed terrestrial short range device that acts as a connection point for the other short range devices in the data network to service platforms located outside of that data network. the term data network refers to several short range devices, including the network access point, as network components and to the wireless connections between them.

name: commission decision (eu) 2017/1471 of 10 august 2017 amending decision 2013/162/eu to revise member states' annual emission allocations for the period from 2017 to 2020 (notified under document c(2017) 5556) type: decision subject matter: deterioration of the environment; environmental policy date published: 2017-08-12 12.8.2017 en official journal of the european union l 209/53 commission decision (eu) 2017/1471 of 10 august 2017 amending decision 2013/162/eu to revise member states' annual emission allocations for the period from 2017 to 2020 (notified under document c(2017) 5556) the european commission, having regard to the treaty on the functioning of the european union, having regard to decision no 406/2009/ec of the european parliament and of the council of 23 april 2009 on the effort of member states to reduce their greenhouse gas emissions to meet the community's greenhouse gas emission reduction commitments up to 2020 (1), and in particular the fourth subparagraph of article 3(2) thereof, whereas: (1) commission decision 2013/162/eu (2) determines member states' annual emission allocations (aeas) for the period from 2013 to 2020 using the data from member states' greenhouse gas (ghg) inventories determined in accordance with the 1996 intergovernmental panel on climate change (ipcc) guidelines for national greenhouse gas inventories, available at the time of its adoption. (2) after the adoption of decision 2013/162/eu, article 6 of commission delegated regulation (eu) no 666/2014 (3) required member states to report greenhouse gas inventories determined in accordance with the 2006 ipcc guidelines for national greenhouse gas inventories, and the united nations framework convention on climate change (unfccc) reporting guidelines on annual inventories as set out in decision 24/cp.19 of the conference of the parties to the unfccc. (3) article 27 of regulation (eu) no 525/2013 of the european parliament and of the council (4) requires the commission to examine the impact of the use of the 2006 ipcc guidelines, or of changes to unfccc methodologies used, on the member state's total greenhouse gas emissions relevant for article 3 of decision no 406/2009/ec by december 2016, with a view to ensuring consistency between the methodologies used for the determination of the aeas and the annual reporting by member states after the date of that examination. (4) in accordance with article 27 of regulation (eu) no 525/2013 and based on the ghg inventory data as reviewed under article 19 of that regulation, the commission examined the impact of the use of the 2006 ipcc guidelines, and of changes to unfccc methodologies used, on member state's ghg inventories. the difference in the total greenhouse gas emissions relevant for article 3 of decision no 406/2009/ec exceeds 1 % for most member states. in the light of this examination, all member states' annual emission allocations for the years 2017 to 2020 contained in annex ii to decision 2013/162/eu should be revised in order to take into account the updated inventory data reported and reviewed pursuant to article 19 of regulation (eu) no 525/2013 in 2016. such revision should be done using the same methodology as the one used for determining the annual emission allocations by decision 2013/162/eu. (5) the revision of aeas should be limited to those that were allocated for the years 2017 to 2020, since for greenhouse gas emissions for the years 2013 to 2016 member states can no longer change their policies and measures. however, in the interests of clarity the whole annex ii to decision 2013/162/eu should be replaced, while keeping the aeas for the years 2013 to 2016 unchanged. (6) article 2 of decision 2013/162/eu refers to global warming potential values from the 4th ipcc assessment report as adopted by decision 15/cp.17 of the conference of the parties to the unfccc. in the meanwhile the conference of the parties to the unfccc adopted a new decision 24/cp.19 recalling decision 15/cp.17 and confirming the values from the 4th ipcc assessment report. article 7 of delegated regulation (eu) no 666/2014 requires member states and the commission to use the global warming potentials listed in annex iii to decision 24/cp.19 for the purpose of determining and reporting greenhouse gas inventories pursuant to paragraphs 1 to 5 of article 7 of regulation (eu) no 525/2013. in the interests of clarity the reference to decision 15/cp.17 in article 2 of decision 2013/162/eu should therefore be replaced by a reference to decision 24/cp.19. (7) the measures provided for in this decision are in accordance with the opinion of the climate change committee, has adopted this decision: article 1 decision 2013/162/eu is amended as follows: (1) in article 2, decision 15/cp.17 is replaced by decision 24/cp.19; (2) annex ii is replaced by the text in the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 10 august 2017. for the commission miguel arias ca ete member of the commission (1) oj l 140, 5.6.2009, p. 136. (2) commission decision 2013/162/eu of 26 march 2013 on determining member states' annual emission allocations for the period from 2013 to 2020 pursuant to decision no 406/2009/ec of the european parliament and of the council (oj l 90, 28.3.2013, p. 106). (3) commission delegated regulation (eu) no 666/2014 of 12 march 2014 establishing substantive requirements for a union inventory system and taking into account changes in the global warming potentials and internationally agreed inventory guidelines pursuant to regulation (eu) no 525/2013 of the european parliament and of the council (oj l 179, 19.6.2014, p. 26). (4) regulation (eu) no 525/2013 of the european parliament and of the council of 21 may 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and union level relevant to climate change and repealing decision no 280/2004/ec (oj l 165, 18.6.2013, p. 13). annex annex ii member states annual emissions allocation for the year 2013 to 2020 calculated applying global warming potential values from the fourth ipcc assessment report member state annual emission allocation (tonnes of carbon dioxide equivalent) 2013 2014 2015 2016 2017 2018 2019 2020 belgium 82 376 327 80 774 027 79 171 726 77 569 425 76 190 376 74 703 759 73 217 143 71 730 526 bulgaria 28 661 817 28 897 235 29 132 652 29 368 070 27 481 112 27 670 637 27 860 163 28 049 688 czech republic 65 452 506 66 137 845 66 823 185 67 508 524 67 971 770 68 581 207 69 190 644 69 800 080 denmark 36 829 163 35 925 171 35 021 179 34 117 187 34 775 642 33 871 444 32 967 246 32 063 048 germany 495 725 112 488 602 056 481 479 000 474 355 944 453 842 854 446 270 289 438 697 724 431 125 160 estonia 6 296 988 6 321 312 6 345 636 6 369 960 5 928 965 5 960 550 5 992 135 6 023 720 ireland 47 226 256 46 089 109 44 951 963 43 814 816 41 194 830 40 110 780 39 026 731 37 942 682 greece 61 003 810 61 293 018 61 582 226 61 871 434 61 029 668 61 298 009 61 566 349 61 834 690 spain 235 551 490 233 489 390 231 427 291 229 365 191 225 664 376 223 560 157 221 455 939 219 351 720 france 408 762 813 403 877 606 398 580 044 393 282 481 371 789 603 366 284 473 360 779 342 355 274 211 croatia 21 196 005 21 358 410 21 520 815 21 683 221 20 147 020 20 330 287 20 513 553 20 696 819 italy 317 768 849 315 628 134 313 487 419 311 346 703 307 153 729 304 562 057 301 970 385 299 378 714 cyprus 5 919 071 5 922 555 5 926 039 5 929 524 4 196 633 4 122 837 4 049 042 3 975 247 latvia 9 279 248 9 370 072 9 460 897 9 551 721 9 747 135 9 834 273 9 921 411 10 008 549 lithuania 17 153 997 17 437 556 17 721 116 18 004 675 18 033 267 18 327 321 18 621 376 18 915 430 luxembourg 9 814 716 9 610 393 9 406 070 9 201 747 8 992 800 8 780 781 8 568 762 8 356 742 hungary 50 796 264 51 906 630 53 016 996 54 127 362 50 432 363 51 347 175 52 261 987 53 176 800 malta 1 168 514 1 166 788 1 165 061 1 163 334 1 174 524 1 173 666 1 172 808 1 171 950 netherlands 125 086 859 122 775 394 120 463 928 118 152 462 116 032 216 113 763 728 111 495 240 109 226 752 austria 54 643 228 54 060 177 53 477 125 52 894 074 51 372 672 50 751 430 50 130 188 49 508 946 poland 204 579 390 205 621 337 206 663 283 207 705 229 210 107 929 211 642 729 213 177 529 214 712 329 portugal 49 874 317 50 139 847 50 405 377 50 670 907 48 431 756 48 811 632 49 191 508 49 571 384 romania 83 080 513 84 765 858 86 451 202 88 136 547 90 958 677 92 739 954 94 521 231 96 302 508 slovenia 12 278 677 12 309 309 12 339 941 12 370 573 12 161 170 12 196 719 12 232 267 12 267 816 slovakia 25 877 815 26 203 808 26 529 801 26 855 793 26 759 746 27 028 129 27 296 513 27 564 896 finland 33 497 046 32 977 333 32 457 619 31 937 905 31 771 327 31 185 203 30 599 079 30 012 956 sweden 43 386 459 42 715 001 42 043 544 41 372 087 39 377 620 38 772 710 38 167 800 37 562 890 united kingdom 358 980 526 354 455 751 349 930 975 345 406 200 360 630 247 357 464 952 354 299 657 351 134 362

name: council implementing decision (cfsp) 2017/1459 of 10 august 2017 implementing decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea type: decision_impl subject matter: asia and oceania; civil law; international affairs; international trade date published: 2017-08-11 11.8.2017 en official journal of the european union l 208/38 council implementing decision (cfsp) 2017/1459 of 10 august 2017 implementing decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea the council of the european union, having regard to the treaty on european union, and in particular article 31(2) thereof, having regard to council decision (cfsp) 2016/849 of 27 may 2016 concerning restrictive measures against the democratic people's republic of korea and repealing decision 2013/183/cfsp (1), and in particular article 33(1) thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 27 may 2016, the council adopted decision (cfsp) 2016/849. (2) on 5 august 2017, the united nations security council adopted resolution 2371 (2017), which added nine persons and four entities to the list of persons and entities subject to restrictive measures and amended the entries for two persons subject to restrictive measures. (3) annex i to decision (cfsp) 2016/849 should therefore be amended accordingly, has adopted this decision: article 1 annex i to decision (cfsp) 2016/849 is hereby amended as set out in the annex to this decision. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. done at brussels, 10 august 2017. for the council the president m. maasikas (1) oj l 141, 28.5.2016, p. 79. annex the persons and entities listed below are added to the list of persons and entities subject to restrictive measures set out in annex i to decision (cfsp) 2016/849. a. persons name alias identifiers date of un designation statement of reasons 54. choe chun yong ch'oe ch'un-yo'ng nationality: dprk passport no: 654410078 gender: male 4.8.2017 representative for ilsim international bank, which is affiliated with the dprk military and has a close relationship with the korea kwangson banking corporation. ilsim international bank has attempted to evade united nations sanctions. 55. han jang su chang-su han dob: 8.11.1969 pob: pyongyang, dprk nationality: dprk passport no.: 745420176, expires on 19.10.2020 gender: male 4.8.2017 chief representative of the foreign trade bank. 56. jang song chol dob: 12.3.1967 nationality: dprk 4.8.2017 jang song chol is a korea mining development corporation (komid) representative overseas. 57. jang sung nam dob: 14.7.1970 nationality: dprk passport no.: 563120368, issued on 22.3.2013; passport expiration date: 22.3.2018 gender: male 4.8.2017 chief of an overseas tangun trading corporation branch, which is primarily responsible for the procurement of commodities and technologies to support the dprk's defence research and development programs. 58. jo chol song cho ch'o'l-so'ng dob: 25.9.1984 nationality: dprk passport no: 654320502, expires on 16.9.2019 gender: male 4.8.2017 deputy representative for the korea kwangson banking corporation, which provides financial services in support to tanchon commercial bank and korea hyoksin trading, a subordinate entity of korea ryonbong general corporation. 59. kang chol su dob: 13.2.1969 nationality: dprk passport no.: 472234895 4.8.2017 official for korea ryonbong general corporation, which specializes in acquisition for the dprk's defence industries and support for the dprk's military-related overseas sales. its procurements also likely support the dprk's chemical weapons program. 60. kim mun chol kim mun-ch'o'l dob: 25.3.1957 nationality: dprk 4.8.2017 representative for korea united development bank. 61. kim nam ung nationality: dprk passport no.: 654110043 4.8.2017 representative for ilsim international bank, which is affiliated with the dprk military and has a close relationship with the korea kwangson banking corporation. ilsim international bank has attempted to evade united nations sanctions. 62. pak il kyu pak il-gyu nationality: dprk passport no.: 563120235 gender: male 4.8.2017 official for korea ryonbong general corporation, which specializes in acquisition for dprk's defence industries and support to pyongyang's military-related sales. its procurements also likely support the dprk's chemical weapons program. b. entities name alias location date of un designation other information 47. foreign trade bank ftb building, jungsong-dong, central district, pyongyang, dprk 4.8.2017 foreign trade bank is a state-owned bank and acts as the dprk's primary foreign exchange bank and has provided key financial support to the korea kwangson banking corporation. 48. korean national insurance company (knic) korea national insurance corporation (knic) korea foreign insurance company central district, pyongyang, dprk 4.8.2017 the korean national insurance company is a dprk financial and insurance company and is affiliated with office 39. 49. koryo credit development bank daesong credit development bank; koryo global credit bank; koryo global trust bank pyongyang, dprk 4.8.2017 koryo credit development bank operates in the financial services industry in the dprk's economy. 50. mansudae overseas project group of companies mansudae art studio pyongyang, dprk 4.8.2017 mansudae overseas project group of companies engaged in, facilitated, or was responsible for the exportation of workers from the dprk to other nations for construction-related activities including for statues and monuments to generate revenue for the government of the dprk or the workers' party of korea. the mansudae overseas project group of companies has been reported to conduct business in countries in africa and southeast asia including algeria, angola, botswana, benin, cambodia, chad, the democratic republic of the congo, equatorial guinea, malaysia, mozambique, madagascar, namibia, syria, togo, and zimbabwe. the following entries for persons subject to restrictive measures set out in annex i to decision (cfsp) 2016/849 are replaced as set out below: name alias identifiers date of un designation other information 16. jang bom su jang pom su jang hyon u dob: 15.4.1957 or 22.2.1958 diplomatic passport no.: 836110034 date of expiration: 1.1.2020; nationality: dprk 2.3.2016 tanchon commercial bank representative in syria. 18. jon myong guk cho'n myo'ng-kuk jon yong sang dob: 18.10.1976 or 25.8.1976; passport no.: 4721202031; date of expiration: 21.2.2017 diplomatic passport no.: 836110035 date of expiration: 1.1.2020; nationality: dprk 2.3.2016 tanchon commercial bank representative in syria.

name: council implementing decision (cfsp) 2017/1458 of 10 august 2017 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision_impl subject matter: international affairs; international trade; maritime and inland waterway transport; africa date published: 2017-08-11 11.8.2017 en official journal of the european union l 208/36 council implementing decision (cfsp) 2017/1458 of 10 august 2017 implementing decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya the council of the european union, having regard to the treaty on european union, and in particular article 31(2) thereof, having regard to council decision (cfsp) 2015/1333 of 31 july 2015 concerning restrictive measures in view of the situation in libya, and repealing decision 2011/137/cfsp (1), and in particular article 12(1) thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 july 2015, the council adopted decision (cfsp) 2015/1333. (2) on 2 august 2017, the united nations security council committee established pursuant to united nations security council resolution 1970 (2011) approved the addition of one vessel to the list of vessels subject to restrictive measures. (3) annex v to decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 annex v to decision (cfsp) 2015/1333 is hereby amended as set out in the annex to this decision. article 2 this decision shall enter into force on the date of its publication in the official journal of the european union. done at brussels, 10 august 2017. for the council the president m. maasikas (1) oj l 206, 1.8.2015, p. 34. annex 1. the vessel listed below shall be added to the list of vessels subject to restrictive measures set out in annex v to decision (cfsp) 2015/1333: b. entities 1. name: lynn s additional information imo: 8706349; listed pursuant to paragraphs 10(a) and 10 (b) of resolution 2146 (2014), as extended and modified by paragraph 2 of resolution 2362 (2017) (prohibition to load, transport or discharge; prohibition to enter ports). pursuant to paragraph 11 of resolution 2146, this designation is valid from 2 august to 2 november 2017, unless terminated earlier by the committee pursuant to paragraph 12 of resolution 2146. flag state: saint vincent and the grenadines. as of 26 july 2017, the vessel was located in international waters approximately 50 nautical miles southeast of cyprus.

name: commission implementing decision (eu) 2017/1445 of 8 august 2017 on the group of products whose principal intended action, depending on proanthocyanidins (pac) present in cranberry (vaccinium macrocarpon), is to prevent or treat cystitis (notified under document c(2017) 5341) type: decision_impl subject matter: health; plant product; technology and technical regulations; marketing date published: 2017-08-10 10.8.2017 en official journal of the european union l 207/28 commission implementing decision (eu) 2017/1445 of 8 august 2017 on the group of products whose principal intended action, depending on proanthocyanidins (pac) present in cranberry (vaccinium macrocarpon), is to prevent or treat cystitis (notified under document c(2017) 5341) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 93/42/eec of 14 june 1993 concerning medical devices (1), and in particular article 13(1) thereof, having regard to the request submitted by france in accordance with article 13(1)(d) of this directive, whereas: (1) france has requested the commission in accordance with article 13(1)(d) of directive 93/42/eec to take a decision that the group of products whose principal intended action, depending on proanthocyanidins (pac) present in cranberry (vaccinium macrocarpon) extract, is to prevent or treat cystitis, does not fall within the definition of medical devices set out in point (a) of article 1(2) of directive 93/42/eec. (2) the definition of a medical device set out in article 1(2)(a) of directive 93/42/eec provides among others that a device falls within that definition if it does not achieve its principal intended action by pharmacological, immunological or metabolic means. (3) the european medicines agency (ema) in its opinion of 22 july 2016 (2) concluded that the principal intended action of the group of products mentioned in recital (1) is achieved probably by pharmacological means as metabolites of pac and other constituents of cranberry exhibit most probably a pharmacological activity and that a mechanical mode of action of pac is highly unlikely. (4) the mechanical mode of action would indicate that the group of products in question fall within the definition of medical devices. as such a mode is highly unlikely and a pharmacological mode of action is most probable, this indicates that the group of products in question should not fall within the definition of medical devices. (5) results of a questionnaire circulated at the medical devices expert group in november 2014 showed that the majority of member states, based on their scientific expertise, is of the view that this group of products should not fall within the definition of medical devices. (6) the measures provided for in this decision are in accordance with the opinion of the committee established by article 7(1) of directive 93/42/eec, has adopted this decision: article 1 the group of products whose principal intended action, depending on proanthocyanidins present in cranberry (vaccinium macrocarpon) extract, is to prevent or treat cystitis, does not fall within the definition of medical devices set out in point (a) of article 1(2) of directive 93/42/eec. article 2 this decision is addressed to the member states. done at brussels, 8 august 2017. for the commission el bieta bie kowska member of the commission (1) oj l 169, 12.7.1993, p. 1. (2) chmp (committee for medicinal products for human use) scientific opinion to dg internal market, industry, entrepreneurship and smes, unit grow d.4. health technology & cosmetics on the principal mode of action of proanthocyanidins intended to be used for prevention and treatment of urinary tract infections, ema/427414/2016, http://ec.europa.eu/growth/tools-databases/newsroom/cf/itemdetail.cfm?item_id=8684=en

name: council decision (eu) 2017/1435 of 17 july 2017 on the position to be taken on behalf of the european union within the association council established by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, with regard to the adoption of the eu-republic of moldova association agenda type: decision subject matter: europe; european construction; cooperation policy date published: 2017-08-08 8.8.2017 en official journal of the european union l 205/68 council decision (eu) 2017/1435 of 17 july 2017 on the position to be taken on behalf of the european union within the association council established by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, with regard to the adoption of the eu-republic of moldova association agenda the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 217, in conjunction with article 218(9) thereof, having regard to the proposal from the european commission and the high representative of the union for foreign affairs and security policy, whereas: (1) the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part (1) (the agreement), was signed on 27 june 2014 and entered into force on 1 july 2016. (2) in accordance with article 436(1) of the agreement, the association council has the power to adopt recommendations, for the purposes of attaining the objectives of the agreement. (3) to facilitate the application of the agreement, the parties have agreed to establish an association agenda with a view to providing a list of priorities for their joint work on a sector-by-sector basis. (4) the parties have agreed on an association agenda to facilitate the implementation of the agreement. the association agenda will be adopted by the association council established by the agreement. (5) the union's position in the association council on the adoption of the eu-republic of moldova association agenda for 2017-2019 is to be adopted by the council, has adopted this decision: article 1 the position to be taken on behalf of the union within the association council established by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, with regard to the adoption of the eu-republic of moldova association agenda for 2017-2019, shall be based on the draft recommendation of the association council attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 17 july 2017. for the council the president f. mogherini (1) oj l 260, 30.8.2014, p. 4. draft recommendation no 1/2017 of the eu-republic of moldova association council of on the eu-republic of moldova association agenda the eu-republic of moldova association council, having regard to the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, whereas: (1) the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part (1) (the agreement) was signed on 27 june 2014 and entered into force on 1 july 2016. (2) in accordance with article 436(1) of the agreement, the association council has the power to adopt recommendations, for the purposes of attaining the objectives of the agreement. (3) pursuant to article 453(1) of the agreement, the parties are to take any general or specific measures required to fulfil their obligations under the agreement and are to ensure that the objectives set out in the agreement are attained. (4) the review of the european neighbourhood policy proposed a new phase of engagement with partners, allowing a greater sense of ownership by both sides. (5) the union and the republic of moldova have agreed to consolidate their partnership by agreeing on a set of priorities for the period 2017-2019 with the aim of supporting and strengthening the resilience and stability of the republic of moldova while seeking closer political association and deeper economic integration. (6) the parties to the agreement have agreed on the text of the eu-republic of moldova association agenda, which will support the implementation of the agreement, focusing cooperation on commonly identified shared interests, has adopted the following recommendation: article 1 the association council recommends that the parties implement the eu-republic of moldova association agenda, as set out in the annex. article 2 the eu-republic of moldova association agenda, as set out in the annex, shall replace the eu-republic of moldova association agenda which was adopted on 26 june 2014. article 3 this recommendation shall take effect on the day of its adoption. done at , [day month 2017]. for the association council the chair (1) oj eu l 260, 30.8.2014, p. 4.

name: council decision (cfsp) 2017/1425 of 4 august 2017 on a european union stabilisation action in mopti and segou type: decision subject matter: executive power and public service; european construction; political framework; africa; rights and freedoms date published: 2017-08-05 5.8.2017 en official journal of the european union l 204/90 council decision (cfsp) 2017/1425 of 4 august 2017 on a european union stabilisation action in mopti and segou the council of the european union, having regard to the treaty on european union, and in particular article 28(1) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 21 march 2011, the council welcomed the european union strategy for security and development in the sahel region (the eu sahel strategy), underlining that the union has a longstanding interest in reducing insecurity and improving development in the sahel region. (2) on 9 february 2015, the council reiterated its commitment to supporting mali's path towards development, peace, reconciliation and stability. integral to this is that progress is made by the government of mali in terms of governance, democracy, rule of law, reform of the justice and security sectors and fight against impunity. (3) in february 2017, the government of mali adopted the plan de s curisation int gr e des r gions du centre (psirc) in order to counter the growing insecurity and to re-establish the presence of the civilian administration in the centre region (mopti and segou) of mali. (4) on 26 june 2017, the political and security committee (psc) agreed on the concept note for a stabilisation action in mopti and segou implemented by an eu stabilisation team, under the auspices of the union delegation in mali. (5) on 10 july 2017, mali sent a letter to the high representative of the union for foreign affairs and security policy (hr), inviting the union to support the re-establishment of the civilian administration in the centre region of mali through the deployment of a stabilisation team, has adopted this decision: article 1 eu stabilisation action 1. the union shall undertake a stabilisation action in mopti and segou. the action shall be implemented by an eu stabilisation team, under the auspices of the union delegation in mali, for an operating phase of 12 months. 2. the eu stabilisation team shall operate in accordance with the objectives set out in article 2 and shall carry out the tasks set out in article 3. 3. the hr shall be responsible for the implementation of this decision. article 2 objectives the eu stabilisation team shall support malian national plans and policies through its advice to the malian authorities on the re-establishment and expansion of the civilian administration in the centre region of mali, in accordance with international standards, with the primary objective to consolidate and support democracy, the rule of law, human rights and gender equality by strengthening general governance in this region. article 3 tasks in order to achieve the objectives of the eu stabilisation action, the eu stabilisation team shall: (a) advise the malian authorities in mopti and segou on malian national plans and policies including on governance-related issues, and support the planning by the malian authorities of activities which aim at the return of the civil administration in the region, in close coordination with all union actors and relevant union programmes in mali; (b) advise the malian authorities in mopti and segou on the implementation of the planned activities referred to in point (a), including by supporting an enhanced dialogue between the malian authorities and the local populations, with special emphasis on the implementation of the united nations security council resolution 1325 (2000); (c) facilitate the inter-ministerial coordination on governance-related issues concerning mopti and segou, as well as coordination between the relevant malian ministries and the mopti and segou governorates. article 4 structure of the eu stabilisation team 1. the eu stabilisation team shall complement the action of the union delegation in mali and the csdp missions deployed in mali. the team shall operate in bamako, mopti and segou. 2. the head of the union delegation in mali shall be the head of the eu stabilisation team. 3. the head of the eu stabilisation team shall be assisted by a deputy head of team for the day-to-day implementation of the eu stabilisation action. 4. the eeas shall identify the point of contact for the eu stabilisation team at headquarters. 5. the union delegation in mali shall provide the eu stabilisation team with logistical support in the region. article 5 head of the eu stabilisation team 1. the head of the eu stabilisation team shall ensure the proper and effective implementation of the tasks of the team, including by issuing instructions to the deputy head of team. 2. the head of the eu stabilisation team shall have overall responsibility for ensuring that the union's duty of care is properly discharged. 3. the head of the eu stabilisation team shall be responsible for disciplinary control over the team. for seconded staff, disciplinary action shall be exercised by the seconding national authority in accordance with its national rules or by the seconding union institution concerned or the eeas. 4. the head of the eu stabilisation team shall have responsibility for ensuring that gender mainstreaming is an integral part of the eu stabilisation action and that this work is coordinated with the office of the eeas principal advisor on gender. 5. the head of the eu stabilisation team shall facilitate the coordination of the activities of the team with those undertaken by the member states and the union csdp missions deployed in mali. article 6 staff 1. the eu stabilisation team, including its deputy head of team, shall primarily consist of staff seconded by member states, union institutions or eeas. staff may also be recruited by the head of the team, as required, on a contractual basis, in particular if the functions required are not provided by personnel seconded by the seconding authority. 2. each seconding authority shall bear the costs related to any of the staff seconded by it to the eu stabilisation team, including travel expenses to and from the place of deployment, salaries, medical coverage, and allowances, other than applicable per diems, as well as hardship and risk allowances. 3. each seconding authority having seconded a member of staff shall be responsible for answering any claims linked to the secondment, by or concerning the member of staff, and shall be responsible for bringing any action against the person seconded. 4. all staff shall carry out their duties and act in the interests of the eu stabilisation action. all staff shall respect the security principles and minimum standards established by decision of the hr 2013/c 190/01 (1). article 7 privileges and immunities the hr shall ensure that the staff of the eu stabilisation team benefit from the same privileges and immunities as those of the staff of the union delegation in mali. article 8 political direction and monitoring by psc the psc shall provide the eu stabilisation action with political direction and shall monitor its implementation, without prejudice to the responsibilities of the hr. article 9 reporting 1. the head of the eu stabilisation team shall provide written reports to the hr, psc and other council preparatory bodies every 4 months after the beginning of the operating phase. he or she shall also report to the psc and other council preparatory bodies upon request. the eeas services shall report to the psc and other council preparatory bodies if needed. 2. the head of the eu stabilisation team shall present the council, the hr and the commission with a comprehensive mandate implementation report by the end of its mandate. article 10 financial arrangements 1. the financial reference amount intended to cover the expenditure related to the eu stabilisation team's mandate shall be eur 3 250 000. 2. all expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the union. participation of natural and legal persons in the award of procurement contracts by the head of the eu stabilisation team shall be open without limitations. moreover, no rule of origin for the goods purchased for the stabilisation team shall apply. 3. the head of the eu stabilisation team shall be responsible for the implementation of the budget. the management of the expenditure shall be subject to a contract between the head of the eu stabilisation team and the commission. article 11 security 1. the union delegation in mali shall be responsible for the security of the team members and for ensuring compliance with minimum security requirements which are applicable to the staff of the delegation. 2. the head of the eu stabilisation team shall comply with the guidance provided by the regional security officer in mali for the planning of security measures as well as their proper and effective implementation by the team. 3. the staff of the eu stabilisation team shall undergo mandatory security training before taking up their duties. they shall also receive regular in-theatre refresher training sessions organised by the regional security officer in mali. article 12 release of information 1. the eu stabilisation team shall comply with the security principles and minimum standards established by decision 2013/c 190/01. 2. the hr shall be authorised to release to the un multidimensional integrated stabilisation mission in mali (minusma) as appropriate and in accordance with the operational needs of the eu stabilisation action, eu classified information and documents up to the level restreint ue/eu restricted which are generated for the purposes of the action, in accordance with the security rules for protecting eu classified information in decision 2013/c 190/01. local arrangements may be drawn up for this purpose. 3. the hr may delegate the authorisations to release information as well as the ability to conclude the arrangements referred to in this article to the head of the eu stabilisation team. article 13 coordination 1. the hr shall ensure the consistency of the implementation of this decision with the union's external action as a whole, including the union's developments programmes, the european union special representative for the sahel (eusr sahel), as well as the european union csdp mission in mali (eucap sahel mali) and the eu training mission in mali (eutm mali). 2. the eu stabilisation team shall provide regular briefings to member states' missions in mali. 3. the eu stabilisation team shall cooperate with all relevant international actors, as appropriate, including minusma. article 14 review the eeas shall conduct an after action review, also based on the comprehensive mandate implementation report referred to in article 9(2), to be presented to the psc. article 15 entry into force and duration this decision shall enter into force on the date of its adoption and shall expire on 31 october 2018. done at brussels, 4 august 2017. for the council the president m. maasikas (1) decision of the high representative of the union for foreign affairs and security policy of 19 april 2013 on the security rules for the european external action service (oj c 190, 29.6.2013, p. 1).

name: council decision (cfsp) 2017/1424 of 4 august 2017 in support of osce activities to reduce the risk of illicit trafficking and excessive accumulation of small arms and light weapons and conventional ammunition in the former yugoslav republic of macedonia and georgia type: decision subject matter: defence; world organisations; international security; europe; trade policy date published: 2017-08-05 5.8.2017 en official journal of the european union l 204/82 council decision (cfsp) 2017/1424 of 4 august 2017 in support of osce activities to reduce the risk of illicit trafficking and excessive accumulation of small arms and light weapons and conventional ammunition in the former yugoslav republic of macedonia and georgia the council of the european union, having regard to the treaty on european union, and in particular articles 28(1) and 31(1) thereof, whereas: (1) on 15 and 16 december 2005, the european council adopted the eu strategy to combat the illicit accumulation and trafficking of small arms and light weapons (salw) and their ammunition (eu salw strategy). the eu salw strategy underlined that in order to minimise the risk posed by the illicit trade in and excessive accumulation of salw, particular attention should be paid to the enormous accumulation of salw stockpiled in some parts of eastern and south-eastern europe, and the ways in which they are disseminated in conflict zones. (2) the eu salw strategy identifies among its objectives the fostering of effective multilateralism so as to forge mechanisms, whether international, regional or within the union and its member states, for countering the supply and destabilising spread of salw and their ammunition. in its action plan, the eu salw strategy singles out the organisation for security and co-operation in europe (osce) as one of the regional organisations with which cooperation should be developed. (3) the eu salw strategy contains dedicated provisions on the support to be provided to the osce action to combat the illicit trade in salw and their ammunition and the destruction of osce participating states' surplus stocks. in particular, the union is participating in the efforts to reduce surplus stocks of salw and conventional ammunition left over from the cold war in eastern europe through cooperation with the osce whose help has been requested by participating states concerned. (4) in 2000, the osce participating states adopted the osce document on salw by which they committed themselves to combatting illicit trafficking of salw in all its aspects. that document also emphasises the destabilising effects that the excessive accumulation of salw and its poor stockpile management and security can have on national, regional and international security. (5) furthermore, in 2003, the osce participating states adopted the osce document on stockpiles of conventional ammunition (sca) recognising thereby the security and safety risks posed by the excessive accumulation of conventional ammunition. in order to address these risks, they decided to establish a practical procedure for the provision of assistance for the destruction of surplus conventional ammunition and/or upgrading stockpile management and security practices. (6) the osce documents on salw and sca identify destruction as the preferred method for the disposal of surplus salw and conventional ammunition. (7) in 2016, the former yugoslav republic of macedonia and georgia addressed the osce participating states at the osce forum for security cooperation with a request for assistance under the osce documents on salw and sca in improving the security of salw and the destruction of conventional ammunition. (8) the union previously supported osce activities by means of council decision 2012/662/cfsp (1). the decision, whose implementation ended in 2015, funded activities such as the destruction of salw surpluses, improvement of security and management of weapons stockpiles, development of appropriate tools for record keeping of weapons, and enhancement of conventional arms transfer controls; (9) on 19 december 2016, the council adopted decision (cfsp) 2016/2356 (2). the new phase of the south-eastern and eastern europe clearinghouse for the control of the small arms and light weapons (seesac) project will build upon the achievements under council decision 2013/730/cfsp (3) while maintaining the holistic approach to tackling the threat posed by salw in the region. in particular, the project will work to coordinate with initiatives in the former yugoslav republic of macedonia seeking to increase stockpile management capacities of the police, has adopted this decision: article 1 1. for the purpose of promoting peace and security, and effective multilateralism at global and regional levels, the union shall pursue the following objectives: to enhance peace and security in the neighbourhood of the union, by reducing the threat posed by the illicit trafficking and excessive accumulation of salw and conventional ammunition in the osce region, to support effective multilateralism at regional level by supporting the action of the osce to prevent the illicit trafficking and excessive accumulation of salw and conventional ammunition. 2. in order to achieve the objective referred to in paragraph 1, the union shall undertake the following measures: reducing the risk of the illicit proliferation of salw in the former yugoslav republic of macedonia, disposal of surplus ammunition in georgia. a detailed description of the projects referred to in this paragraph is set out in the annex. article 2 1. the high representative of the union for foreign affairs and security policy (hr) shall be responsible for the implementation of this decision. 2. the technical implementation of the projects referred to in article 1(2) shall be carried out by the osce secretariat. 3. the osce secretariat shall perform its tasks under the responsibility of the hr. for this purpose, the hr shall enter into the necessary arrangements with the osce secretariat. article 3 1. the financial reference amount for the implementation of the project referred to in article 1(2) shall be eur 1 353 878,52. 2. the expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the union. 3. the commission shall supervise the proper management of the expenditure referred to in paragraph 1. for this purpose, it shall conclude a financing agreement with the osce secretariat. the financing agreement shall stipulate that the osce secretariat has to ensure the visibility of the union contribution, appropriate to its size. 4. the commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this decision. it shall inform the council of any difficulties in that process and of the date of conclusion of the financing agreement. article 4 the hr shall report to the council on the implementation of this decision on the basis of regular reports prepared by the osce secretariat. these reports shall form the basis for the evaluation carried out by the council. the commission shall report on the financial aspects of the implementation of the projects referred to in article 1(2). article 5 1. this decision shall enter into force on the date of its adoption. 2. this decision shall expire 36 months after the date of conclusion of the financing agreement referred to in article 3(3). however, this decision shall expire 6 months after the date of its entry into force if that financing agreement has not been concluded by that time. done at brussels, 4 august 2017. for the council the president m. maasikas (1) council decision 2012/662/cfsp of 25 october 2012 in support of activities to reduce the risk of illicit trade in, and excessive accumulation of, small arms and light weapons in the region covered by the organisation for security and cooperation in europe (osce) (oj l 297, 26.10.2012, p. 29). (2) council decision (cfsp) 2016/2356 of 19 december 2016 in support of seesac disarmament and arms control activities in south-east europe in the framework of the eu strategy to combat illicit accumulation and trafficking of salw and their ammunition (oj l 348, 21.12.2016, p. 60). (3) council decision 2013/730/cfsp of 9 december 2013 in support of seesac disarmament and arms control activities in south east europe in the framework of the eu strategy to combat the illicit accumulation and trafficking of salw and their ammunition (oj l 332, 11.12.2013, p. 19). annex 1. background in 2016, two osce participating states the former yugoslav republic of macedonia and georgia requested support for activities related to increased security for small arms and light weapons (salw) and the disposal of surplus conventional ammunition. in 2016, the former yugoslav republic of macedonia declared that it needed assistance to increase the physical and it security of salw and ammunition storage rooms in 15 border police stations (bps) and one regional centre for border affairs (rcba). further, the request identified the need to increase the capacity of the ministry of internal affairs (moia) by improving the stockpile management procedures of service weapons. the osce mission to skopje (omsk) has provided continuous support to the moia in the security domain through facilitating cross-border joint exercises, organising training courses on fighting organised crime, green border observation, conducting face recognition, and profiling. building upon the existing co-operation, the moia has identified the omsk as a partner for implementing the security upgrades and capacity building. after the cold war, the ministry of defence of georgia was left with substantial stockpiles of soviet-era conventional ammunition. some of these stockpiles have been reduced as part of national efforts, as well as international and bilateral assistance projects. thus, in 2005-2013 three projects were completed for the disposal of guided and unguided rockets with the support of the nato maintenance and supply agency and the us state department. in 2007, 2011 and 2012, the osce and undp also supported projects for the utilisation, processing and disposal of the remaining surpluses of guided and unguided aircraft rockets and their hazardous components. moreover, the osce provided assistance for the disposal of cluster munitions, bombs and artillery shells in 2012-2016. in 2016, georgia submitted a new request for assistance to the osce forum for security co-operation (fsc) for the disposal of 461 tonnes of surplus conventional ammunition, which includes 121 tonnes of artillery shells and 340 tonnes of bombs. although the osce does not currently have a field presence in georgia, the organisation has a successful track record in implementing ammunition disposal projects in the country. the osce and georgia have established a framework for co-operation by developing a programme for demilitarisation works of outdated, written off and obsolete ammunition existing at the military bases in georgia. in april 2014, the osce secretariat and georgia signed a memorandum of understanding (mou), which regulates additional details about the implementation of the programme. as a continuation of the successful implementation of decision 2012/662/cfsp, the current projects focus on further strengthening the national control over salw and ammunition and assisting the former yugoslav republic of macedonia and georgia in meeting their international commitments in this area. 2. overall objective to strengthen the security in the regions of south-eastern europe and the south caucasus by reducing the threat from the uncontrolled proliferation of salw and conventional ammunition. 3. description of the projects the projects build upon the past and ongoing osce activities to reduce surplus stockpiles, improve security, and prevent the theft of salw and ammunition, thus contributing to counter-terrorism efforts by enabling osce participating states to address one of the sources of supply to terrorist networks. 3.1 project 1: reducing the risk of the illicit proliferation of salw in the former yugoslav republic of macedonia 3.1.1 objective to increase the capacity of the moia of the former yugoslav republic of macedonia to secure its stockpiles of salw and ammunition thereby reducing the risk for their illicit proliferation, including for terrorist purposes. 3.1.2 description in the request for assistance to the osce, the moia identified the vulnerability of storage rooms for salw and ammunition in 15 bps and one rcba. the attack against the bps near gosince in april 2015, which resulted in the theft of weapons and ammunition, has triggered a comprehensive review of the security of salw storage rooms in bps. in response to the request for assistance, the osce mission to skopje conducted needs assessment, which included visits to all 15 bps and the rcba. the osce identified a number of challenges relating to the security of salw in the these stations, including the need to improve the physical security of the existing storage rooms, to enhance the record-keeping procedures, to increase the capacity of the personnel for management of service and seized salw, and to increase the capability of the moia to prevent proliferation of salw from its stockpiles. 3.1.3 expected results with this activity the osce mission to skopje (omsk) continues its efforts to build the capacities of the moia in the areas of fighting organised crime and terrorism. the project will contribute to the achievement of the following specific results: result 1: increased physical and it security of salw and ammunition stockpiles in 15 bps and one rcba indicators: 15 bps and one rcba have salw storage rooms with increased physical and it protection. result 2: increased capacity of moia to implement salw stockpile management. indicators: developed standard operating procedures (sops) for management of service weapons, one course to train trainers has been organised, 16 on-site training courses provided in 15 bps and one rcba provided. 3.1.4 project implementation team the project implementation team (pit) will consist of a law enforcement project co-ordinator (lepc) and a project assistant. the pit will be responsible for the entire project cycle management, including establishing the legal, managerial, monitoring and verification frameworks, for effective achievement of the project results and reporting. 3.1.5 activities 3.1.5.1 tender documentation the documentation for the public tender for security upgrades of 15 bps and one rcba will be based on the construction design specifications, as provided in the national regulations and the osce best practices for storages of salw and stockpiles of conventional ammunition. the omsk will procure the services of a company to develop the construction design specifications. the selected supplier will elaborate and provide the omsk and the moia with all relevant construction design documentation, ensuring that it is coordinated and approved by all national regulating authorities and compliant with the osce rules and procedures. 3.1.5.2 security upgrades the omsk will develop the documentation required for an open competitive bidding and conduct the tender for construction works and provision of it security equipment in accordance with the osce rules and regulations. the selected contractor will implement the security measures in accordance with the approved construction design. the pit will organise the monitoring and technical supervision of the implementation of the security measures and verification of their compliance with the relevant technical requirements. 3.1.5.3 developing of sops for handling service weapons and ammunition the pit will establish a working group composed of representatives from the osce and the relevant departments within moia, including the salw focal point, unit for exploitation, cryptology and cctv, construction management department, legal department, sector for border affairs and migration, and the bureau for public safety. the working group will hold four meetings for the development of sops and will be supported by one national and one international expert. the sops will provide advice and guidance to the moia personnel on how to use the new technical and it tools in a standardised way. 3.1.5.4 training the pit will manage the development of a training manual on the new sops, including recruitment of an expert for its development, printing and dissemination to relevant moia staff, and translation into english. english copies will be disseminated to other osce field operations as well as the osce secretariat in order to provide visibility and material for future reference. the pit will organise a course to train trainers for 30 designated representatives from four regional centres for border affairs and eight sectors for internal affairs, with the aim of increasing their knowledge of the use of the new security and it systems in the refurbished storage rooms. subsequently, the trained trainers will deliver countrywide training in their respective regional centres and sectors, thereby ensuring sustainability of the activity. 3.1.5.5 union visibility the goal of the visibility activities will be to publicise union support by reducing the risks of the proliferation of weapons and ammunition through the activities implemented by the osce. visibility events will focus on raising awareness among selected audiences as well as the general public on the implementation of specific activities within this project; their impact on the reduction of the threat from uncontrolled proliferation; and the overall stability of the region. the visibility activities will follow a visibility project plan. it is envisaged to develop several types of visibility materials in order to present the project results to the target audience. they will include roll-ups, banners, leaflets, photographic materials, video material as well as promotion of the results at visibility events. 3.2 project 2: disposal of surplus ammunition in georgia 3.2.1 objective to support the process of improving ammunition stockpile management in georgia through the disposal of 461 tonnes of surplus ammunition. 3.2.2 description in 2016, georgia requested assistance for the disposal of 461 tonnes of surplus conventional ammunition in compliance with the programme for demilitarisation works of outdated, written off and obsolete ammunitions existing at the military bases in georgia (the programme). as a follow-up on the osce projects implemented in 2007, 2011-2012, and 2014-2016, the osce secretariat will support georgia in its efforts to increase its capacity for ammunition stockpile management. 3.2.3 expected results result 1: reduction of the available surpluses of conventional ammunition in a safe and environmentally benign way. indicators: disposal of 461 tonnes of surplus ammunition. signed implementation partner agreement. recruitment of project personnel. development of the quality assurance programme. quarterly progress reports. quarterly environmental reports. 3.2.4 project implementation team the project implementation team (pit) will consist of a project manager, a project assistant, one local consultant and two international consultants. the project manager will be an osce official under an existing contracted position. the project assistant, the local and international consultants will be contracted in line with the existing osce rules and regulations. the pit will be responsible for setting the legal, managerial, monitoring and verification frameworks for effective achievement of project results and execution of a quality assurance programme (qap). 3.2.5 implementing partner georgia has entrusted the implementation of the activities under the programme with the state military science-technical centre (delta). delta possesses exclusive rights in georgia for ammunition demilitarisation and ammunition destruction activities, which were granted by decree no 321 of the minister of defence of georgia in 2005. since then, delta has been the implementing partner sub-contracted by all international organisations engaged in supporting disposal activities, including nato, undp and the osce. thus, in 2016 delta completed a project, supported by the osce, for the disposal of 620 tonnes of aircraft rockets, bombs and artillery shells. 3.2.6 activities 3.2.6.1 disposal of surplus ammunition delta has conducted research on the ammunition to be disposed of and developed technologies, instructions and documentation for the disposal process. in addition, delta has started the process of transporting 340 tonnes of surplus bombs from their storage location to the disposal facility in phonichala, provided training to the project personnel and initiated the dismantling process. the explosive components will be disposed by open pit detonation at the vaziani firing range. the disposal of 121 tonnes of artillery shells will take place at the dedoplitskaro facility. delta is monitoring the environmental effects of the disposal operations by conducting monthly tests. 3.2.6.2 union visibility the visibility activities will focus on raising awareness among selected audiences as well as the general public on the implementation of the ammunition disposal operations and their impact for increasing stockpile management capacity in georgia. 4. beneficiaries the direct beneficiaries of the projects will be the national institutions of the former yugoslav republic of macedonia and georgia responsible for salw, ammunition security and management. the project activities comply with the national strategies on salw and ammunition and are aligned with the international commitment of both countries. the population of both countries, the population in south-eastern europe, the south caucasus and the union, that are at risk of the proliferation of salw and ammunition, will also benefit indirectly from the project activities. 5. duration the total estimated duration of the projects will be 36 months. 6. technical implementing entity the overall technical implementation of this decision will be entrusted to the osce secretariat. 7. steering committee the steering committee for this project will be composed of a representative of the high representative and of the implementing entity referred to in paragraph 6 of this annex. the steering committee will review the implementation of this decision regularly, at least once every 6 months, including by the use of electronic means of communication. 8. reporting the osce secretariat will provide narrative reports on a quarterly basis to review progress towards the completion of project results. the osce secretariat will submit annual narrative and financial reports and a final report within 6 months of the end of the implementation period. 9. estimated total cost of the projects and union financial contribution the total estimated cost of the projects is eur 1 353 878,52.

name: decision (eu) 2017/1400 of the european parliament of 4 july 2017 extending by an additional period the term of office of the committee of inquiry to investigate alleged contraventions and maladministration in the application of union law in relation to money laundering, tax avoidance and tax evasion type: decision subject matter: eu institutions and european civil service; taxation; free movement of capital; criminal law; parliament; european union law date published: 2017-07-29 29.7.2017 en official journal of the european union l 199/12 decision (eu) 2017/1400 of the european parliament of 4 july 2017 extending by an additional period the term of office of the committee of inquiry to investigate alleged contraventions and maladministration in the application of union law in relation to money laundering, tax avoidance and tax evasion the european parliament, having regard to the proposal by the conference of presidents, having regard to article 226 of the treaty on the functioning of the european union, having regard to decision 95/167/ec, euratom, ecsc of the european parliament, the council and the commission of 19 april 1995 on the detailed provisions governing the exercise of the european parliament's right of inquiry (1), having regard to its decision (eu) 2016/1021 of 8 june 2016 on setting up a committee of inquiry to investigate alleged contraventions and maladministration in the application of union law in relation to money laundering, tax avoidance and tax evasion, its powers, numerical strength and term of office (2), having regard to its decision (eu) 2017/846 of 16 march 2017 extending the term of office of the committee of inquiry to investigate alleged contraventions and maladministration in the application of union law in relation to money laundering, tax avoidance and tax evasion (3), having regard to rule 198(11) of its rules of procedure, a. whereas the committee of inquiry requested an extension of its term of office in order to enable it to implement its mandate fully and appropriately, taking into account the number of documents yet to be examined, the analyses commissioned, and the stakeholders to be heard; 1. decides to extend by an additional period of 3 months the term of office of the committee of inquiry. for the european parliament the president a. tajani (1) oj l 113, 19.5.1995, p. 1. (2) oj l 166, 24.6.2016, p. 10. (3) oj l 125, 18.5.2017, p. 34.

name: council decision (eu) 2017/1368 of 11 may 2017 on the signing, on behalf of the european union and its member states, and provisional application of the third additional protocol to the agreement establishing an association between the european community and its member states, of the one part, and the republic of chile, of the other part, to take account of the accession of the republic of croatia to the european union type: decision subject matter: european construction; europe; international affairs; america date published: 2017-07-27 27.7.2017 en official journal of the european union l 196/1 council decision (eu) 2017/1368 of 11 may 2017 on the signing, on behalf of the european union and its member states, and provisional application of the third additional protocol to the agreement establishing an association between the european community and its member states, of the one part, and the republic of chile, of the other part, to take account of the accession of the republic of croatia to the european union the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 217, in conjunction with article 218(5) thereof, having regard to the act of accession of the republic of croatia, and in particular article 6(2) thereof, having regard to the proposal from the european commission, whereas: (1) in accordance with article 6(2) of the act of accession of the republic of croatia, the accession of croatia to, inter alia, the agreement establishing an association between the european community and its member states, of the one part, and the republic of chile, of the other part (1) (the agreement) is to be agreed by means of a protocol to that agreement (the protocol). pursuant to the agreement, a simplified procedure is to apply to such accessions, whereby a protocol is to be concluded by the council, acting unanimously on behalf of the member states, and by the third country concerned. (2) on 14 september 2012, the council authorised the commission to open negotiations with the third countries concerned in view of the accession of croatia to the union. the negotiations with chile were successfully concluded with the initialling of the protocol on 9 july 2015 in brussels. (3) the protocol should be signed. (4) the protocol should be applied on a provisional basis pending the completion of the procedures for its entry into force, has adopted this decision: article 1 the signing, on behalf of the union and its member states, of the third additional protocol to the agreement establishing an association between the european community and its member states, of the one part, and the republic of chile, of the other part, to take account of the accession of the republic of croatia to the european union is hereby authorised, subject to the conclusion of the said protocol. the text of the protocol is attached to this decision. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the protocol on behalf of the union and its member states. article 3 the protocol shall be applied on a provisional basis with effect from 1 july 2013, in accordance with article 14(2) thereof, pending the completion of the procedures necessary for its entry into force. article 4 this decision shall enter into force on the date of its adoption. done at brussels, 11 may 2017. for the council the president c. cardona (1) oj l 352, 30.12.2002, p. 3.

name: council decision (eu) 2017/1364 of 17 july 2017 on the position to be adopted on behalf of the european union within the eu-republic of moldova association council as regards the amendment of annex xxvi to the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part type: decision subject matter: europe; tariff policy; european construction; international affairs; european union law date published: 2017-07-22 22.7.2017 en official journal of the european union l 191/3 council decision (eu) 2017/1364 of 17 july 2017 on the position to be adopted on behalf of the european union within the eu-republic of moldova association council as regards the amendment of annex xxvi to the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 207, in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part (1) (the ageement) was signed on 27 june 2014. (2) article 201 of the agreement provides for the gradual approximation to the union's customs law and certain international law to be carried out as set out in annex xxvi to the agreement. (3) annex xxvi to the agreement specifies that approximation with the provisions of council regulation (eec) no 2913/92 (2) is to be carried out by the republic of moldova within 3 years following the entry into force of the agreement. (4) regulation (eec) no 2913/92 has been repealed and, since 1 may 2016, the substantive provisions of regulation (eu) no 952/2013 of the european parliament and of the council (3) are in application in the union. (5) at the meeting of the eu-republic of moldova customs sub-committee held on 6 october 2016, it was concluded that annex xxvi to the agreement should be amended accordingly. (6) the position of the union within the eu-republic of moldova association council (the association council) should therefore be based on the attached draft decision, has adopted this decision: article 1 1. the position to be adopted on behalf of the union within the association council as regards the amendment of annex xxvi of the agreement shall be based on the draft decision attached to this decision. 2. the representatives of the union in association council may agree to minor technical corrections to the draft decision referred to in paragraph 1 without further decision of the council. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 17 july 2017. for the council the president t. tamm (1) oj l 260, 30.8.2014, p. 4. (2) council regulation (eec) no 2913/92 of 12 october 1992 establishing the community customs code (oj l 302, 19.10.1992, p. 1). (3) regulation (eu) no 952/2013 of the european parliament and of the council of 9 october 2013 laying down the union customs code (oj l 269, 10.10.2013, p. 1). draft decision no /2017 of the eu-republic of moldova association council of 2017 as regards the amendment of annex xxvi to the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part the eu-republic of moldova association council, having regard to the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part, and in particular article 436(3) thereof, whereas: (1) the association agreement between the european union and the european atomic energy community and their member states, of the one part, and the republic of moldova, of the other part (1) (the agreement) was signed on 27 june 2014. (2) article 201 of the agreement provides for the gradual approximation to the union's customs law and certain international law to be carried out as set out in annex xxvi to the agreement. (3) annex xxvi to the agreement specifies that approximation with the provisions of council regulation (eec) no 2913/92 (2) is to be carried out by the republic of moldova within three years following the entry into force of the agreement. (4) regulation (eec) no 2913/92 has been repealed and, since 1 may 2016, the substantive provisions of regulation (eu) no 952/2013 (3) of the european parliament and of the council are in application in the union. (5) at the meeting of the eu-republic of moldova customs sub-committee held on 6 october 2016, it was concluded that annex xxvi to the agreement should be amended accordingly, has adopted this decision: article 1 annex xxvi to the agreement is amended as set out in the annex to this decision. article 2 this decision shall enter into force on the date of its adoption. done at , for the association council the chair (1) oj l 260, 30.8.2014, p. 4. (2) council regulation (eec) no 2913/92 of 12 october 1992 establishing the community customs code (oj l 302, 19.10.1992, p. 1). (3) regulation (eu) no 952/2013 of the european parliament and of the council of 9 october 2013 laying down the union customs code (oj l 269, 10.10.2013, p. 1). annex the first section of annex xxvi to the agreement is amended as follows: the reference council regulation (eec) no 2913/92 of 12 october 1992 establishing the community customs code is replaced by the reference regulation (eu) no 952/2013 of the european parliament and of the council of 9 october 2013 laying down the union customs code.

name: commission implementing decision (eu) 2017/1358 of 20 july 2017 on the identification of ict technical specifications for referencing in public procurement (text with eea relevance. ) type: decision_impl subject matter: technology and technical regulations; trade policy; communications date published: 2017-07-21 21.7.2017 en official journal of the european union l 190/16 commission implementing decision (eu) 2017/1358 of 20 july 2017 on the identification of ict technical specifications for referencing in public procurement (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council (1) and in particular article 13(1) thereof, after consulting the european multi-stakeholder platform on ict standardisation and sectoral experts whereas: (1) standardisation plays an important role in supporting the europe 2020 strategy, as set out in the communication from the commission entitled europe 2020: a strategy for smart, sustainable and inclusive growth. several flagship initiatives of the europe 2020 strategy underlined the importance of voluntary standardisation in product or services markets to assure the compatibility and interoperability between products and services, foster technological development and support innovation. (2) standards are essential for european competitiveness and crucial for innovation and progress. their relevance is highlighted by the commission in the context of the recent initiatives for the completion of single market (2) and the digital single market (3) where the role of standardisation and interoperability in creating a european digital economy is reinforced with the adoption of the communication on ict standardisation priorities for the digital single market (4) setting out a comprehensive strategic and political approach to standardisation for priority ict technologies that are critical to the completion of the digital single market. (3) in the digital society standardisation deliverables become indispensable to ensure interoperability of networks and systems. the communication from the commission entitled a strategic vision for european standards: moving forward to enhance and accelerate the sustainable growth of the european economy by 2020 (5) recognises the specificity of standardisation in the field of information and communication technologies (ict), where solutions, applications and services are often developed by global ict fora and consortia that have emerged as leading ict standards development organisations. (4) regulation (eu) no 1025/2012 aims at modernising and improving the european standardisation framework. it establishes a system whereby the commission may decide to identify the most relevant and most widely accepted ict technical specifications issued by organisations that are not european, international or national standardisation organisations. the possibility of using the full range of ict technical specifications when procuring hardware, software and information technology services will enable interoperability between devices, services and applications, will help public administrations to avoid lock-in that occurs when the public procurer cannot change a provider after the expiration of the procurement contract because using ict proprietary solutions, and will encourage competition in the supply of interoperable ict solutions. (5) for the ict technical specifications to be eligible for referencing in public procurement they must comply with the requirements set out in annex ii to regulation (eu) no 1025/2012. compliance with those requirements guarantees the public authorities that the ict technical specifications are established in accordance with the principles of transparency, openness, impartiality and consensus that are recognised by the world trade organisation in the field of standardisation. (6) the decision to identify the ict specification is to be adopted after consultation of the european multi-stakeholder platform on ict standardisation set up by commission decision 2011/c 349/04 (6) complemented by other forms of consultation of sectoral experts. (7) the european multi-stakeholder platform on ict standardisation evaluated and gave a positive advice to the identification of the following technical specifications for referencing in public procurement: simple knowledge organisation system (hereinafter referred as skos), and resource description framework 1.0 and 1.1 (hereinafter referred as rdf 1.0 & 1.1) developed by world wide web consortium (w3c); service metadata publisher 1.0 (hereinafter referred as smp 1.0) developed by the organization for the advancement of structured information standards (oasis); mime-based secure peer-to-peer business data interchange using http, applicability statement 2, rfc 4130 (hereinafter referred as as2) and the internationalized resource identifiers rfc 3987 (hereinafter referred as iris) developed by internet engineering task force (ietf); data foundation & terminology model, pid information types api, data type registries model and practical policies recommendations technical specifications, all developed by research data alliance (rda) foundation. the evaluation and advice of the platform was subsequently submitted to consultation of sectoral experts who confirmed the positive advice to its identification. (8) skos technical specification developed by w3c makes non-formal knowledge organisation systems available to the public online in a structured form, with the aim of organising and providing access to knowhow on the meaning and cohesion of the underlying terms. the skos data model provides a standard, low-cost migration path for porting existing knowledge organization systems to the semantic web. skos also provides a lightweight, intuitive language for developing and sharing new knowledge organization systems. it may be used on its own, or in combination with formal knowledge representation languages such as the web ontology language (owl). (9) rdf 1.0 also developed by w3c is a standard model for data interchange on the web with features that facilitate data merging even if the underlying schemas differ, and it specifically supports the evolution of schemas over time without requiring all the data consumers to be changed. rdf 1.1 is an evolution of rdf 1.0 with backward compatibility, using internationalized identifiers, fine-tuning of the use of datatypes and language tags on literals, and a number of new serialization formats. (10) smp 1.0 technical specification developed by oasis defines a protocol for publishing service metadata within a 4-corner network, where entities exchange business documents through intermediary gateway services (sometimes called access points). to successfully send a business document in a 4-corner network, an entity must be able to discover critical metadata about the recipient (endpoint) of the business document, such as types of documents the endpoint is capable of receiving and methods of transport supported. the recipient makes this metadata available to other entities in the network through a service metadata publisher service. the specification describes the request/response exchanges between a service metadata publisher and a client wishing to discover endpoint information (11) as2 developed by ietf is one of the most popular methods for transporting structured business data securely and reliably over the internet. it essentially involves two computers a client and a server connecting in a point-to-point manner via the web. as2 creates an envelope for the structured business data, allowing them to be sent securely using digital certificates and encryption over the internet. as2 is used by private and public sector organizations and governments in several member states for both specific use cases and general infrastructure implementations supporting secure transfer of messages and business documents'. (12) iris technical specification developed by ietf is a protocol element that extends upon the uniform resource identifier (uri) scheme, which is based on the ascii character set, by supporting a much wider set of characters that are used in eu latin-based alphabets containing letters outside the ascii set or use another script altogether (greek, bulgarian). (13) the research data alliance (rda) is an international organization focused on the development of infrastructure and community activities and recommendations designed to reduce barriers to data sharing and exchange and the acceleration of data driven innovation worldwide. four technical specifications from rda are identified. rda data foundation & terminology model is a core model, basic vocabulary and query tool of foundational terminology which ensures researchers use a common terminology when referring to data; rda pid information types api persistent identifier type registry is a conceptual model for structuring typed information to better identify pids, and a common interface for access to this information; rda data type registries model is a data type model and registry (mime-types for data) to help tools interpret, display and process data; and rda practical policies recommendations is a set of machine actionable policies to enhance trust & interoperability. has adopted this decision: article 1 the technical specifications listed in the annex are eligible for referencing in public procurement. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 20 july 2017. for the commission the president jean-claude juncker (1) oj l 316, 14.11.2012, p. 12. (2) communication from the commission upgrading the single market: more opportunities for people and business. com (2015) 550 final of 28 october 2015. (3) communication on a digital single market strategy for europe. com(2015) 192 final of 6 may 2015 and communication on the mid-term review on the implementation of the digital single market strategy com(2017) 228 final of 10 may 2017. (4) com (2016)176 final of 19 april 2016. (5) com (2011) 311 final of 1 june 2011. (6) commission decision 2011/c 349/04 of 28 november 2011 setting up the european multi-stakeholder platform on ict standardisation (oj c 349, 30.11.2011, p. 4) annex world wide web consortium (w3c) (1) no title of ict technical specification 1 simple knowledge organisation system (skos) 2 resource description framework 1.0 and 1.1 (rdf 1.0 & 1.1) oasis (advancing open standards for the information society) (2) no title of ict technical specification 1 service metadata publisher 1.0 (smp 1.0) internet engineering task force (ietf) (3) no title of ict technical specification 1 mime-based secure peer-to-peer business data interchange using http, applicability statement 2, rfc 4130 (as2) 2 internationalized resource identifiers, rfc 3987 (iris) research data alliance (rda) (4) no title of ict technical specification 1 ts1 data foundation & terminology model 2 ts2 pid information types api- persistent identifier type registry 3 ts3 data type registries model 4 ts4 practical policies recommendations (1) http://www.w3.org/ (2) http://www.oasis-open.org/ (3) http://www.ietf.org/ (4) https://rd-alliance.org/

name: council decision (eu) 2017/1346 of 17 july 2017 on the position to be adopted, on behalf of the european union, at the sixth session of the meeting of the parties to the aarhus convention as regards compliance case accc/c/2008/32 type: decision subject matter: eu institutions and european civil service; justice; environmental policy; european union law; rights and freedoms; international affairs; information and information processing date published: 2017-07-19 19.7.2017 en official journal of the european union l 186/15 council decision (eu) 2017/1346 of 17 july 2017 on the position to be adopted, on behalf of the european union, at the sixth session of the meeting of the parties to the aarhus convention as regards compliance case accc/c/2008/32 the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 192(1), in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) on 17 february 2005, the aarhus convention on access to information, public participation in decision-making and access to justice in environamental matters (1) (the aarhus convention) was approved, on behalf of the european community, by council decision 2005/370/ec (2). (2) the union implemented the obligations of the aarhus convention with regard to its institutions and bodies notably by way of regulation (ec) no 1367/2006 of the european parliament and of the council (3). (3) pursuant to article 15 of the aarhus convention, the aarhus convention compliance committee (the committee) was established, which is competent to review the parties' compliance with the provisions of the aarhus convention. (4) on 17 march 2017, the union received findings in case accc/c/2008/32 regarding access to justice at union level (the findings). in paragraph 123 of the findings, the committee held that the party concerned fails to comply with article 9, paragraphs 3 and 4, of the convention with regard to access to justice by members of the public because neither the aarhus regulation, nor the jurisprudence of the cjeu implements or complies with the obligations arising under those paragraphs. (5) the aarhus convention bodies have been made aware by the declaration that the union made upon signature and reiterated upon approval of the aarhus convention that [w]ithin the institutional and legal context of the community [ ] the community institutions will apply the convention within the framework of their existing and future rules on access to documents and other relevant rules of community law in the field covered by the convention. (6) one of the findings in case accc/c/2008/32, namely that the union fails to comply with paragraphs (3) and (4) of article 9 of the aarhus convention, has been incorporated into draft decision vi/8f, which will be submitted to the sixth session of the meeting of the parties to the aarhus convention to take place in september 2017 in budva, montenegro. (7) the union should explore ways and means to comply with the aarhus convention in a way that is compatible with the fundamental principles of the union legal order and with its system of judicial review. (8) in view of the separation of powers in the union, the council cannot give instructions or make recommendations to the court of justice of the european union (the court of justice) concerning its judicial activities. therefore, the recommendations in draft decision vi/8f related to the court of justice and its jurisprudence cannot be accepted. (9) the union continues to fully support the important objectives of the aarhus convention. (10) the union should determine the position to be taken at the sixth session of the meeting of the parties to the aarhus convention with regard to draft decision vi/8f, has adopted this decision: article 1 1. the position to be taken by the union at the sixth session of the meeting of the parties to the aarhus convention with regard to draft decision vi/8f concerning compliance by the union with its obligations under the aarhus convention shall be to accept draft decision vi/8f subject to: deleting the last part of paragraph 6 of draft decision vi/8f and replacing endorses with takes note of, so that the paragraph would then read as follows: takes note of the finding of the compliance committee with regard to communication accc/c/2008/32 (part ii) that the party concerned fails to comply with article 9, paraghraphs 3 and 4, of the convention.; inserting the words to consider after the words recommends to the party concerned in the heading of paragraph 7 of draft decision vi/8f, which would then read: recommends that the party concerned considers that:; deleting the words to the court of justice of the european union in point (i) of paragraph 7 (b) of draft decision vi/8f; and deleting point (c) of paragraph 7 of draft decision vi/8f. 2. other minor amendments in line with the approach of this decision can be agreed at coordination on the spot and in light of possible negotiations on draft decision vi/8f. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 17 july 2017. for the council the president t. tamm (1) oj l 124, 17.5.2005, p. 4. (2) council decision 2005/370/ec of 17 february 2005 on the conclusion, on behalf of the european community, of the convention on access to information, public participation in decision-making and access to justice in environmental matters (oj l 124, 17.5.2005, p. 1). (3) regulation (ec) no 1367/2006 of the european parliament and of the council of 6 september 2006 on the application of the provisions of the aarhus convention on access to information, public participation in decision-making and access to justice in environmental matters to community institutions and bodies (oj l 264, 25.9.2006, p. 13).

name: council decision (cfsp) 2017/1338 of 17 july 2017 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya type: decision subject matter: migration; international affairs; africa; criminal law; international trade date published: 2017-07-18 18.7.2017 en official journal of the european union l 185/49 council decision (cfsp) 2017/1338 of 17 july 2017 amending decision (cfsp) 2015/1333 concerning restrictive measures in view of the situation in libya the council of the european union, having regard to the treaty on european union and in particular article 29 thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 31 july 2015, the council adopted decision (cfsp) 2015/1333 (1). (2) the council has previously noted the importance of stability in libya and has offered to provide support to the libyan authorities as recognised under the libyan political agreement, to counter the smuggling of migrants and trafficking in human beings. (3) the smuggling of migrants and trafficking in human beings contributes to destabilising the political and security situation in libya. (4) restrictions should be applied to the export of certain products to libya which may be used to facilitate the smuggling of migrants and trafficking in human beings. (5) decision (cfsp) 2015/1333 should therefore be amended accordingly, has adopted this decision: article 1 article 10 of decision (cfsp) 2015/1333 is replaced by the following: article 10 1. member states shall require their nationals, persons subject to their jurisdiction and firms incorporated in their territories or subject to their jurisdiction to exercise vigilance when doing business with entities incorporated in libya or subject to libya's jurisdiction, and any individuals and entities acting on their behalf or at their direction, and entities owned or controlled by them, with a view to preventing business that could contribute to violence and the use of force against civilians. 2. the sale, supply, transfer or export of certain vessels and motors to libya which could be used in the smuggling of migrants and trafficking in human beings, by nationals of member states or through the territories of member states or using their flag vessels or aircraft, shall be subject to an authorisation by the competent authority of the member state whether originating in its territory or not. 3. the competent authorities of member states shall not grant any authorisation for the sale, supply, transfer or export of the items referred to in paragraph 2 if they have reasonable grounds to believe that the item would be used in the smuggling of migrants and trafficking in human beings. 4. paragraph 2 shall not apply to the sales, supply, transfer or exports made by the authorities of member states to the libyan government. the union shall take the necessary measures in order to determine the relevant items to be covered by this article. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 17 july 2017. for the council the president f. mogherini (1) council decision (cfsp) 2015/1333 of 31 july 2015 concerning restrictive measures in view of the situation in libya, and repealing decision 2011/137/cfsp (oj l 206, 1.8.2015, p. 34).

name: council decision (cfsp) 2017/1340 of 17 july 2017 amending decision 2010/788/cfsp concerning restrictive measures against the democratic republic of the congo type: decision subject matter: united nations; international affairs; africa; international security; international trade date published: 2017-07-18 18.7.2017 en official journal of the european union l 185/55 council decision (cfsp) 2017/1340 of 17 july 2017 amending decision 2010/788/cfsp concerning restrictive measures against the democratic republic of the congo the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to council decision 2010/788/cfsp of 20 december 2010 concerning restrictive measures against the democratic republic of the congo and repealing common position 2008/369/cfsp (1), having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 20 december 2010, the council adopted decision 2010/788/cfsp. (2) on 21 june 2017, the united nations security council adopted resolution 2360 (2017), which amends the listing criteria governing un restrictive measures. (3) further union action is needed in order to implement certain measures. (4) decision 2010/788/cfsp should therefore be amended accordingly, has adopted this decision: article 1 in article 3(1) of decision 2010/788/cfsp, point (i) is replaced by the following: (i) planning, directing, sponsoring or participating in attacks against monusco peacekeepers or united nations personnel, including members of the group of experts;. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 17 july 2017. for the council the president f. mogherini (1) oj l 336, 21.12.2010, p. 30.

name: council implementing decision (eu) 2017/1333 of 11 july 2017 amending implementing decision 2014/170/eu establishing a list of non-cooperating third countries in fighting illegal, unreported and unregulated fishing, as regards saint vincent and the grenadines type: decision_impl subject matter: fisheries; cooperation policy; america; maritime and inland waterway transport; information and information processing date published: 2017-07-18 18.7.2017 en official journal of the european union l 185/41 council implementing decision (eu) 2017/1333 of 11 july 2017 amending implementing decision 2014/170/eu establishing a list of non-cooperating third countries in fighting illegal, unreported and unregulated fishing, as regards saint vincent and the grenadines 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 1005/2008 of 29 september 2008 establishing a community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending regulations (eec) no 2847/93, (ec) no 1936/2001 and (ec) no 601/2004 and repealing regulations (ec) no 1093/94 and (ec) no 1447/1999 (1), and in particular article 33(1) thereof, having regard to the proposal from the european commission, whereas: 1. introduction and procedure (1) regulation (ec) no 1005/2008 (iuu regulation) establishes a union system to prevent, deter and eliminate illegal, unreported and unregulated (iuu) fishing. (2) chapter vi of the iuu regulation lays down the procedure with respect to the identification of non-cooperating third countries, d marches in respect of countries identified as non-cooperating third countries, establishment of a list of non-cooperating third countries, removal from the list of non-cooperating third countries, publicity of the list of non-cooperating third countries and any emergency measures. (3) on 24 march 2014, the council adopted implementing decision 2014/170/eu (2) which established a list of non-cooperating third countries in fighting iuu fishing pursuant to iuu regulation. (4) in accordance with article 32 of the iuu regulation, by decision of 12 december 2014 (decision of 12 december 2014) (3), the commission notified saint vincent and the grenadines of the possibility of being identified as a country which the commission considers as a non-cooperating third country. (5) in the decision of 12 december 2014, the commission included the information concerning the essential facts and considerations underlying such possible identification. (6) the decision of 12 december 2014 was notified to saint vincent and the grenadines together with a letter of the same date suggesting that saint vincent and the grenadines implement, in close cooperation with the commission, a plan of action to rectify the identified shortcomings. (7) the commission invited saint vincent and the grenadines in particular to: (i) take all necessary measures to implement the actions contained in the plan of action suggested by the commission; (ii) assess the implementation of those actions; and (iii) send every 6 months a detailed report to the commission assessing the implementation of each of those actions as regards, inter alia, its individual and/or overall effectiveness in ensuring a fully compliant fisheries control system. (8) saint vincent and the grenadines was given the opportunity to respond in writing and orally to the decision of 12 december 2014 as well as to other relevant information communicated by the commission, allowing it to submit evidence refuting or completing the facts stated in the decision of 12 december 2014. saint vincent and the grenadines was assured of its right to ask for, or to provide, additional information. (9) by its decision of 12 december 2014 and its letter, the commission opened a process of dialogue with saint vincent and the grenadines and highlighted that it considered a period of 6 months as being sufficient in principle for reaching an agreement. (10) the commission continued to seek and verify all information it deemed necessary. the oral and written comments submitted by saint vincent and the grenadines following the decision of 12 december 2014 were considered and taken into account. saint vincent and the grenadines was kept informed, either orally or in writing, of the commission's deliberations. (11) the commission however took the view that the areas of concern and shortcomings as described in the decision of 12 december 2014 had not been addressed sufficiently by saint vincent and the grenadines. moreover, the commission concluded that the measures of the plan of action had not been fully implemented. as a consequence, the commission adopted implementing decision (eu) 2017/918 (4), identifying saint vincent and the grenadines as a non-cooperating third country in fighting iuu fishing. (12) based on the investigation and dialogue procedures carried out by the commission, including the correspondence exchanged and the meetings held, and the reasons underlying the decision of 12 december 2014 and implementing decision (eu) 2017/918, it is appropriate to place saint vincent and the grenadines on the list of non-cooperating third countries in fighting iuu fishing. (13) pursuant to article 34(1) of the iuu regulation, the council, acting by qualified majority on a proposal from the commission, is to remove a third country from the list of non-cooperating third countries if that country demonstrates that the situation that warranted its listing has been rectified. a removal decision is also to take into consideration whether the identified third country concerned has taken concrete measures capable of achieving a lasting improvement of the situation. 2. identification of saint vincent and the grenadines as a non-cooperating third country (14) in the decision of 12 december 2014, the commission analysed the duties of saint vincent and the grenadines and evaluated its compliance with its international obligations as flag, port, coastal or market state. for the purpose of that review, the commission took into account the parameters listed in article 31(4) to (7) of the iuu regulation. (15) the commission reviewed the compliance of saint vincent and the grenadines in line with the findings of the decision of 12 december 2014, and having regard to relevant information provided thereon by saint vincent and the grenadines, the suggested plan of action, and the measures taken to rectify the situation. (16) the main shortcomings identified by the commission in the suggested plan of action were related to several failures to implement obligations under international law, linked in particular to: the failure to adopt an adequate legal framework; the lack of an adequate and efficient monitoring, control and surveillance system; the lack of an observer scheme; and the lack of a deterrent sanctioning system. other identified shortcomings relate, more generally, to compliance with international obligations, including regional fisheries management organisations recommendations and resolutions, and the conditions for registration of vessels according to international law. a lack of compliance with recommendations and resolutions from relevant bodies such as the international plan of action against illegal, unreported and unregulated fishing and the voluntary guidelines for flag state performance, both of the food and agriculture organization of the united nations, were also identified. however, the lack of compliance with non-binding recommendations and resolutions was considered only as supporting evidence and not as a basis for the identification. (17) in implementing decision (eu) 2017/918, the commission identified saint vincent and the grenadines as a non-cooperating third country pursuant to the iuu regulation. (18) with respect to the possible constraints upon saint vincent and the grenadines as a developing country, it is noted that the development status and overall performance of saint vincent and the grenadines with respect to fisheries are not impaired by its general level of development. (19) having regard to the decision of 12 december 2014 and implementing decision (eu) 2017/918, and to the dialogue process with saint vincent and the grenadines held with the commission and the outcome of that process, it can be concluded that the actions undertaken by saint vincent and the grenadines in light of its duties as flag state are insufficient to comply with articles 63, 64, 91, 94 and 117 of the united nations convention on the law of the sea, articles 7, 18, 19, 20 and 23 of the united nations agreement for the implementation of the provisions of the united nations convention on the law of the sea of 10 december 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks, and article iii(8) of the agreement to promote compliance with international conservation and management measures by fishing vessels on the high seas of the united nations. (20) thus, saint vincent and the grenadines has failed to discharge its duties under international law as flag state to take action to prevent, deter and eliminate iuu fishing. 3. establishment of a list of non-cooperating third countries (21) in view of the conclusions reached with regard to saint vincent and the grenadines, that country should be added, in accordance with article 33 of the iuu regulation, to the list of non-cooperating third countries established by the implementing decision 2014/170/eu. that decision should therefore be amended accordingly. (22) the inclusion of saint vincent and the grenadines in the list of non-cooperating third countries in the fight against iuu fishing entails the application of the measures laid down in article 38 of the iuu regulation. article 38(1) of the iuu regulation provides for the prohibition of importation of fisheries products caught by vessels flying the flag of non-cooperating third countries. in the case of saint vincent and the grenadines that prohibition should cover all stocks and species, namely all fishery products as defined in article 2(8) of the iuu regulation, since the lack of appropriate measures adopted in relation to iuu fishing leading to the identification of saint vincent and the grenadines as a non-cooperating third country is not limited to a given stock or species. (23) it is noted that iuu fishing, inter alia, depletes fish stocks, destroys marine habitats, undermines the conservation and sustainable use of marine resources, distorts competition, endangers food security, puts honest fishermen at an unfair disadvantage, and weakens coastal communities. in view of the magnitude of the problems related to iuu fishing, it is considered necessary for the union to expeditiously implement the actions in respect of saint vincent and the grenadines as a non-cooperating third country. as a consequence, this decision should enter into force on the day following that of its publication in the official journal of the european union. (24) if saint vincent and the grenadines demonstrates that the situation that warranted its listing has been rectified, the council, acting by qualified majority on a proposal from the commission, is to remove saint vincent and the grenadines from the list of non-cooperating third countries in line with article 34(1) of the iuu regulation. any such removal decision should also take into consideration whether saint vincent and the grenadines has taken concrete measures capable of achieving a lasting improvement of the situation, has adopted this decision: article 1 saint vincent and the grenadines is hereby added to the annex to implementing decision 2014/170/eu. article 2 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 11 july 2017. for the council the president t. t niste (1) oj l 286, 29.10.2008, p. 1. (2) council implementing decision 2014/170/eu of 24 march 2014 establishing a list of non-cooperating third countries in fighting iuu fishing pursuant to regulation (ec) no 1005/2008 establishing a community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (oj l 91, 27.3.2014, p. 43). (3) commission decision of 12 december 2014 notifying a third country that the commission considers as possible of being identified as non-cooperating third countries pursuant to council regulation (ec) no 1005/2008 establishing a community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (oj c 453, 17.12.2014, p. 5). (4) commission implementing decision (eu) 2017/918 of 23 may 2017 identifying saint vincent and the grenadines as a non-cooperating third country in fighting illegal, unreported and unregulated fishing (oj l 139, 30.5.2017, p. 70).

name: decision (eu) 2017/1331 of the european parliament and of the council of 4 july 2017 amending decision (eu) 2015/435 on the mobilisation of the contingency margin type: decision subject matter: eu finance; budget date published: 2017-07-18 18.7.2017 en official journal of the european union l 185/35 decision (eu) 2017/1331 of the european parliament and of the council of 4 july 2017 amending decision (eu) 2015/435 on the mobilisation of the contingency margin the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (1), and in particular the second paragraph of point 14 thereof, having regard to the proposal from the european commission, whereas: (1) article 13 of council regulation (eu, euratom) no 1311/2013 (2) has established a contingency margin of up to 0,03 % of the gross national income of the union. (2) in accordance with article 6 of regulation (eu, euratom) no 1311/2013, the commission had calculated the absolute amount of the contingency margin for 2014 (3). (3) by decision (eu) 2015/435 (4), the european parliament and the council mobilised the contingency margin for making available additional payment appropriations in 2014, to be offset in 2018-2020. (4) according to the medium-term payment forecast presented in the context of the mid-term review, pressure on the annual payment ceilings in the years 2018-2020 is to be expected. (5) the draft budget for the year 2017 shows a margin below the payment ceiling of eur 9,6 billion, allowing for the offsetting of the full amount mobilised in 2014. (6) decision (eu) 2015/435 should therefore be amended accordingly, have adopted this decision: article 1 decision (eu) 2015/435 is amended as follows: (1) article 1 is replaced by the following: article 1 for the general budget of the european union for the financial year 2014, the contingency margin shall be mobilised to provide the amount of eur 2 818 233 715 in payment appropriations over and above the payment ceiling of the multiannual financial framework. (2) article 2 is replaced by the following: article 2 the amount of eur 2 818 233 715 shall be offset against the margin under the payment ceiling for the year 2017. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at strasbourg, 4 july 2017. for the european parliament the president a. tajani for the council the president m. maasikas (1) oj c 373, 20.12.2013, p. 1. (2) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884). (3) communication from the commission to the council and the european parliament of 20 december 2013 on the technical adjustment of the financial framework for 2014 in line with movements in gni (com(2013) 928). (4) decision (eu) 2015/435 of the european parliament and of the council of 17 december 2014 on the mobilisation of the contingency margin (oj l 72, 17.3.2015, p. 4).

name: council decision (cfsp) 2017/1339 of 17 july 2017 amending decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea type: decision subject matter: international affairs; civil law; asia and oceania date published: 2017-07-18 18.7.2017 en official journal of the european union l 185/51 council decision (cfsp) 2017/1339 of 17 july 2017 amending decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea the council of the european union, having regard to the treaty on european union, and in particular article 29 thereof, having regard to council decision (cfsp) 2016/849 of 27 may 2016 concerning restrictive measures against the democratic people's republic of korea and repealing decision 2013/183/cfsp (1), and in particular article 33 thereof, having regard to the proposal of the high representative of the union for foreign affairs and security policy, whereas: (1) on 27 may 2016, the council adopted decision (cfsp) 2016/849. (2) in accordance with article 33(1) of decision (cfsp) 2016/849, the council shall implement modifications to annex i thereto on the basis of the determination made by the united nations security council (unsc) or by the sanctions committee. (3) on 5 june 2017, the unsc committee established pursuant to united nations security council resolution 1718 (2006) amended the entries for two entities subject to restrictive measures. (4) on 2 june 2017, the unsc added 14 persons and four entities to the list of persons and entities subject to restrictive measures. those persons and entities have accordingly been added to annex i to decision (cfsp) 2016/849 by means of council implementing decision (cfsp) 2017/975 (2). some of those persons and entities should therefore be removed from annex ii to decision (cfsp) 2016/849 as they are now designated under annex i. (5) annexes i and ii to decision (cfsp) 2016/849 should therefore be amended accordingly, has adopted this decision: article 1 annex i to decision (cfsp) 2016/849 is hereby amended as set out in annex i to this decision. article 2 annex ii to decision (cfsp) 2016/849 is hereby amended as set out in annex ii to this decision. article 3 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 17 july 2017. for the council the president f. mogherini (1) oj l 141, 28.5.2016, p. 79. (2) council implementing decision (cfsp) 2017/975 of 8 june 2017 implementing decision (cfsp) 2016/849 concerning restrictive measures against the democratic people's republic of korea (oj l 146, 9.6.2017, p. 145). annex i in annex i to decision (cfsp) 2016/849 the entries for the persons and entities mentioned below are replaced as follows: a. persons name alias date of birth date of un designation statement of reasons 2. ri je-son korean name: ; chinese name: a.k.a. ri che son 1938 16.7.2009 minister of atomic energy industry since april 2014. former director of the general bureau of atomic energy (gbae), chief agency directing dprk's nuclear programme; facilitated several nuclear endeavours including gbae's management of yongbyon nuclear research centre and namchongang trading corporation. b. entities name alias location date of un designation other information 4. namchongang trading corporation a) ncg, b) namchongang trading, c) nam chon gang corporation, d) nomchongang trading co., e) nam chong gan trading corporation, f) namhung trading corporation, g) korea daeryonggang trading corporation, h) korea tearyonggang trading corporation a) pyongyang, democratic people's republic of korea, b) sengujadong 11-2/(or kwangbok-dong), mangyongdae district, pyongyang, democratic people's republic of korea 16.7.2009 namchongang is a dprk trading company subordinate to the general bureau of atomic energy (gbae). namchongang has been involved in the procurement of japanese origin vacuum pumps that were identified at a dprk nuclear facility, as well as nuclear-related procurement associated with a german individual. it has further been involved in the purchase of aluminum tubes and other equipment specifically suitable for a uranium enrichment program from the late 1990s. its representative is a former diplomat who served as dprk's representative for the iaea inspection of the yongbyon nuclear facilities in 2007. namchongang's proliferation activities are of grave concern given the dprk's past proliferation activities. telephone numbers: +850-2-18111, 18222 (ext. 8573). facsimile number: +850-2-381-4687. 15. green pine associated corporation a) cho'ngsong united trading company; b) chongsong yonhap; c) ch'o'ngsong yo'nhap; d) chosun chawo'n kaebal t'uja hoesa; e) jindallae; f) ku'm-haeryong company ltd; g) natural resources development and investment corporation; h) saeingp'il company; i) national resources development and investment corporation; j) saeng pil trading corporation a) c/o reconnaissance general bureau headquarters, hyongjesan-guyok, pyongyang, democratic people's republic of korea; b) nungrado, pyongyang, democratic people's republic of korea; c) rakrang no 1 rakrang district pyongyang korea, chilgol-1 dong, mangyongdae district, pyongyang, democratic people's republic of korea 2.5.2012 green pine associated corporation (green pine) has taken over many of the activities of the korea mining development trading corporation (komid). komid was designated by the committee in april 2009 and is the dprk's primary arms dealer and main exporter of goods and equipment related to ballistic missiles and conventional weapons. green pine is also responsible for approximately half of the arms and related materiel exported by the dprk. green pine has been identified for sanctions for exporting arms or related material from north korea. green pine specializes in the production of maritime military craft and armaments, such as submarines, military boats and missile systems, and has exported torpedoes and technical assistance to iranian defence-related firms. telephone number: +850-2-18111 (ext. 8327). facsimile number: +850-2-3814685 and +850-2-3813372. email addresses: pac@silibank.com and kndic@co.chesin.com. 46. strategic rocket force of the korean people's army strategic rocket force; strategic rocket force command of kpa; strategic force; strategic forces pyongyang, dprk 2.6.2017 the strategic rocket force of the korean people's army is in charge of all dprk ballistic missile programs and is responsible for scud and nodong launches. annex ii in annex ii to decision (cfsp) 2016/849 the entries for the persons and entities listed below are deleted: i. persons and entities responsible for the dprk's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them. a. persons 6. paek se-bong 12. pak to-chun b entities 7. strategic rocket forces

name: council decision (eu) 2017/1336 of 11 july 2017 appointing two members and an alternate member, proposed by the federal republic of germany, of the committee of the regions type: decision subject matter: eu institutions and european civil service; europe date published: 2017-07-18 18.7.2017 en official journal of the european union l 185/47 council decision (eu) 2017/1336 of 11 july 2017 appointing two members and an alternate member, proposed by the federal republic of germany, of the committee of the regions the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 305 thereof, having regard to the proposal of the german government, whereas: (1) on 26 january 2015, 5 february 2015 and 23 june 2015, the council adopted decisions (eu) 2015/116 (1), 2015/190 (2) and 2015/994 (3) appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020. (2) two members' seats on the committee of the regions have become vacant following the end of the terms of office of ms uta-maria kuder and mr detlef m ller. (3) an alternate member's seat on the committee of the regions has become vacant following the end of the term of office of mr andreas texter, has adopted this decision: article 1 the following are hereby appointed to the committee of the regions for the remainder of the current term of office, which runs until 25 january 2020: (a) as members: ms katy hoffmeister, justizministerin des landes mecklenburg-vorpommern, mr tilo gundlack, mitglied des landtages mecklenburg-vorpommern, and (b) as an alternate member: mr jochen schulte, mitglied des landtages mecklenburg-vorpommern. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 11 july 2017. for the council the president t. t niste (1) council decision (eu) 2015/116 of 26 january 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 20, 27.1.2015, p. 42). (2) council decision (eu) 2015/190 of 5 february 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 31, 7.2.2015, p. 25). (3) council decision (eu) 2015/994 of 23 june 2015 appointing the members and alternate members of the committee of the regions for the period from 26 january 2015 to 25 january 2020 (oj l 159, 25.6.2015, p. 70).

name: commission implementing decision (eu) 2017/1265 of 11 july 2017 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2017) 4686) (text with eea relevance. ) type: decision_impl subject matter: agricultural policy; agricultural activity; health; europe; means of agricultural production; regions of eu member states date published: 2017-07-13 13.7.2017 en official journal of the european union l 182/42 commission implementing decision (eu) 2017/1265 of 11 july 2017 amending the annex to implementing decision 2014/709/eu concerning animal health control measures relating to african swine fever in certain member states (notified under document c(2017) 4686) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(4) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(4) thereof, having regard to council directive 2002/99/ec of 16 december 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3), and in particular article 4(3) thereof, whereas: (1) commission implementing decision 2014/709/eu (4) lays down animal health control measures in relation to african swine fever in certain member states. the annex to that implementing decision demarcates and lists certain areas of those members states in parts i to iv thereof, differentiated by the level of risk based on the epidemiological situation. that list includes certain areas of estonia, lithuania and poland. (2) in june 2017, two outbreaks of african swine fever in domestic pigs occurred in the county of parnu in estonia and in the municipality of varena in lithuania, in areas currently listed in part ii of the annex to implementing decision 2014/709/eu. the occurrence of these outbreaks constitutes an increase in the level of risk that needs to be taken into account. (3) in june 2017, one cases of african swine fever in wild boar was observed in the gmina of sok ka in poland in an area currently listed in part i of the annex to implementing decision 2014/709/eu. the occurrence of this case constitutes an increase in the level of risk that needs to be taken into account. (4) the evolution of the current epidemiological situation of african swine fever in the affected domestic and feral pig populations in the union should be taken into account in the assessment of the animal health risk posed by the new disease situation in estonia, lithuania and poland. in order to focus the animal health control measures provided for in implementing decision 2014/709/eu, and to prevent the further spread of african swine fever, while preventing any unnecessary disturbance to trade within the union, and avoiding unjustified barriers to trade by third countries, the union list of areas subject to the animal health control measures set out in the annex to that implementing decision should be amended to take into account of the changes in the epidemiological situation as regards that disease in estonia, lithuania and poland. accordingly, the areas affected by the new outbreaks in estonia and lithuania should now be listed in part iii, instead of in part ii of that annex and the relevant area of poland should now be listed in part ii, instead of part i, of that annex. (5) the annex to implementing decision 2014/709/eu should therefore be amended accordingly. (6) the measures provided for in this decision are in accordance with the opinion of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 the annex to implementing decision 2014/709/eu is replaced by the text set out in the annex to this decision. article 2 this decision is addressed to the member states. done at brussels, 11 july 2017. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) oj l 18, 23.1.2003, p. 11. (4) commission implementing decision 2014/709/eu of 9 october 2014 concerning animal health control measures relating to african swine fever in certain member states and repealing implementing decision 2014/178/eu (oj l 295, 11.10.2014, p. 63). annex the annex to implementing decision 2014/709/eu is replaced by the following: annex part i 1. estonia the following areas in estonia: hiiu maakond. 2. latvia the following areas in latvia: aizputes novads, alsungas novads, auces novads, bauskas novada sl ces, gail u, brunavas un ceraukstes pagasts, bauskas pils ta, broc nu novads, dobeles novada zebrenes, naud tes, penkules, auru, krim nu un b rzes pagasti, jaunb rzes pagasta da a, kas atrodas uz rietumiem no autoce a p98, un dobeles pils ta, jelgavas novada gl das, sv tes, platones, vircavas, jaunsvirlaukas, za enieku, vilces, lielplatones, elejas un sesavas pagasts, kandavas novada v nes un matkules pagast, kuld gas novads, p vilostas novada sakas pagasts un p vilostas pils ta, republikas pils ta jelgava, rund les novads, saldus novada ezeres, jaunauces, jaunlutri u, kurs u, lutri u, novadnieku, pamp u, rubas, saldus, vadakstes, za as, zir u, zv rdes un des pagastis, saldus pils ta, skrundas novads, stopi u novada da a, kas atrodas uz rietumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, talsu novada ibu u pagasts, talsu pils ta, t rvetes novads, ventspils novada j rkalnes, ziru, ug les, usmas un zl ku pagasts. 3. lithuania the following areas in lithuania: joni kio rajono savivaldyb , jurbarko rajono savivaldyb , kalvarijos savivaldyb , kazl r dos savivaldyb , kelm s rajono savivaldyb , marijampol s savivaldyb , pakruojo rajono savivaldyb , panev io rajono savivaldyb : krekenavos seni nijos dalis vakarus nuo nev io up s, pasvalio rajono savivaldyb : joni kelio apylinki , joni kelio miesto, nami i , pasvalio apylinki , pump n , pu aloto, salo i ir va k seni nijos, radvili kio rajono savivaldyb , raseini rajono savivaldyb , aki rajono savivaldyb , iauli miesto savivaldyb , iauli rajono savivaldyb , vilkavi kio rajono savivaldyb . 4. poland the following areas in poland: w wojew dztwie warmi sko-mazurskim: gminy kalinowo, prostki, stare juchy i gmina wiejska e k w powiecie e ckim, gminy bia a piska, orzysz, pisz i ruciane nida w powiecie piskim, gminy mi ki i wydminy w powiecie gi yckim, gminy olecko, witajno i wieliczki w powiecie oleckim. w wojew dztwie podlaskim: gmina bra sk z miastem bra sk, gminy bo ki, rudka, wyszki, cz gminy bielsk podlaski po o ona na zach d od linii wyznaczonej przez drog nr 19 (w kierunku p nocnym od miasta bielsk podlaski) i przed u onej przez wschodni granic miasta bielsk podlaski i drog nr 66 (w kierunku po udniowym od miasta bielsk podlaski), miasto bielsk podlaski, cz gminy orla po o ona na zach d od drogi nr 66 w powiecie bielskim, gminy d browa bia ostocka, ku nica, jan w, nowy dw r, sidra, suchowola i korycin w powiecie sok lskim, gminy drohiczyn, dziadkowice, grodzisk i perlejewo w powiecie siemiatyckim, powiat kolne ski, gminy juchnowiec ko cielny, sura , turo ko cielna, apy i po witne w powiecie bia ostockim, powiat zambrowski, gminy baka arzewo, raczki, rutka-tartak, suwa ki i szypliszki w powiecie suwalskim, gminy soko y, kulesze ko cielne, nowe piekuty, szepietowo, klukowo, ciechanowiec, wysokie mazowieckie z miastem wysokie mazowieckie, czy ew w powiecie wysokomazowieckim, powiat augustowski, powiat om y ski, powiat miejski bia ystok, powiat miejski om a, powiat miejski suwa ki, powiat sejne ski. w wojew dztwie mazowieckim: gminy bielany, ceran w, jab onna lacka, sabnie, sterdy , repki i gmina wiejska soko w podlaski w powiecie soko owskim, gminy domanice, korczew, kotu , mokobody, przesmyki, paprotnia, sk rzec, sucho ebry, mordy, siedlce, wi niew i zbuczyn w powiecie siedleckim, powiat miejski siedlce, gminy rzeku , troszyn, czerwin i goworowo w powiecie ostro ckim, gminy olszanka i osice w powiecie osickim, powiat ostrowski, w wojew dztwie lubelskim: gminy hanna, wyryki i gmina wiejska w odawa w powiecie w odawskim, gminy k kolewnica wschodnia, komar wka podlaska, radzy podlaski, ulan-majorat i wohy w powiecie radzy skim, gmina midzyrzec podlaski z miastem midzyrzec podlaski, gminy drel w, rossosz, s awatycze, wisznica, sosn wka, omazy i tuczna w powiecie bialskim, gmina trzebiesz w i gmina wiejska uk w w powiecie ukowskim, gminy dbowa k oda, jab o , milan w, parczew, podedw rze i siemie w powiecie parczewskim. part ii 1. estonia the following areas in estonia: abja vald, alatskivi vald, elva linn, haaslava vald, haljala vald, halliste vald, harju maakond (v lja arvatud osa kuusalu vallast, mis asub l una pool maanteest nr 1 (e20), aegviidu vald ja anija vald), ida-viru maakond, kambja vald, karksi vald, kihelkonna vald, konguta vald, k pu vald, kuressaare linn, l ne maakond, l ne-saare vald, laekvere vald, leisi vald, luunja vald, m ksa vald, meeksi vald, muhu vald, mustjala vald, n o vald, orissaare vald, osa tamsalu vallast, mis asub kirde pool tallinna-tartu raudteest, p rnu maakond (v lja arvatud audru ja t stamaa vald), peipsi re vald, piirissaare vald, p ide vald, p lva maakond, puhja vald, r gavere vald, rakvere linn, rakvere vald, rannu vald, rapla maakond, r ngu vald, ruhnu vald, salme vald, s meru vald, suure-jaani vald, t htvere vald, tartu linn, tartu vald, tarvastu vald, torgu vald, lenurme vald, valga maakond, vara vald, vihula vald, viljandi linn, viljandi vald, vinni vald, viru-nigula vald, v hma linn, v nnu vald, v ru maakond. 2. latvia the following areas in latvia: da u novads, aglonas novads, aizkraukles novads, akn stes novads, alojas novads, al ksnes novads, amatas novads, apes novada trapenes, gaujienas un apes pagasts, apes pils ta, bab tes novads, baldones novads, baltinavas novads, balvu novada v ksnas, b rzkalnes, vectil as, lazdulejas, brie uciema, til as, b rzpils un kri j u pagasts, bauskas novada me otnes, codes, d vi u un vecsaules pagasts, bever nas novads, burtnieku novads, carnikavas novads, c su novads, cesvaines novads, ciblas novads, dagdas novads, daugavpils novada vaboles, l ksnas, sventes, medumu, demenas, kalk nes, laucesas, tabores, ma inovas, ambe u, bi ernieku, naujenes, vecsalienas, salienas un skrudalienas pagasts, dobeles novada dobeles, annenieku, bikstu pagasti un jaunb rzes pagasta da a, kas atrodas uz austrumiem no autoce a p98, dundagas novads, engures novads, rg u novads, garkalnes novada da a, kas atrodas uz zieme rietumiem no autoce a a2, gulbenes novada l go pagasts, iecavas novads, ik iles novada t n u pagasta da a, kas atrodas uz dienvidaustrumiem no autoce a p10, ik iles pils ta, il kstes novads, jaunjelgavas novads, jaunpils novads, j kabpils novads, jelgavas novada kalnciema, l vb rzes un valgundes pagasts, kandavas novada c res, kandavas, zem tes un zantes pagasts, kandavas pils ta, k rsavas novads, eguma novads, ekavas novads, koc nu novads, kokneses novads, kr slavas novads, krimuldas novada krimuldas pagasta da a, kas atrodas uz zieme austrumiem no autoce a v89 un v81, un l durgas pagasta da a, kas atrodas uz zieme austrumiem no autoce a v81 un v128, krustpils novads, lielv rdes novads, l gatnes novads, limba u novada skultes, limba u, umurgas, katvaru, p les un vi enes pagasts, limba u pils ta, l v nu novads, lub nas novads, ludzas novads, madonas novads, m lpils novads, m rupes novads, mazsalacas novads, m rsraga novads, nauk nu novads, neretas novads, ogres novads, olaines novads, ozolnieku novads, p rgaujas novads, p avi u novads, prei u novada saunas pagasts, prieku u novads, raunas novada raunas pagasts, republikas pils ta daugavpils, republikas pils ta j kabpils, republikas pils ta j rmala, republikas pils ta r zekne, republikas pils ta valmiera, r zeknes novads, riebi u novada s ukalna, stabulnieku, gal nu un silaj u pagasts, rojas novads, ropa u novada da a, kas atrodas uz austrumiem no autoce a p10, rug ju novada lazdukalna pagasts, r jienas novads, salacgr vas novads, salas novads, saulkrastu novads, siguldas novada mores pagasts un alla u pagasta da a, kas atrodas uz dienvidiem no autoce a p3, skr veru novads, smiltenes novada brantu, blomes, smiltenes, bilskas un grundz les pagasts un smiltenes pils ta, stren u novads, talsu novada ciema, balgales, vandzenes, laucienes, virbu, strazdes, lubes, ves, valdgales, laidzes, rlavas, l bagu un abavas pagasts, sabiles, stendes un valdem rpils pils ta, tukuma novads, valkas novads, varak nu novads, vecpiebalgas novads, vecumnieku novads, ventspils novada ances, t rgales, popes, v rves, u avas, piltenes un puzes pagastis, piltenes pils ta, vies tes novads, vi akas novads, vi nu novads, zilupes novads. 3. lithuania the following areas in lithuania: alytaus miesto savivaldyb , alytaus rajono savivaldyb , anyk i rajono savivaldyb , bir tono savivaldyb , bir miesto savivaldyb , bir rajono savivaldyb : nemun lio radvili kio, pabir s, pa eriauk t s ir parov jos seni nijos, druskinink savivaldyb , elektr n savivaldyb , ignalinos rajono savivaldyb , jonavos miesto savivaldyb , jonavos rajono savivaldyb , kai iadori miesto savivaldyb , kai iadori rajono savivaldyb , kauno miesto savivaldyb , kauno rajono savivaldyb , k daini rajono savivaldyb , kupi kio rajono savivaldyb : nori n , skapi kio, suba iaus ir imoni seni nijos, lazdij rajono savivaldyb , mol t rajono savivaldyb , prien miesto savivaldyb , prien rajono savivaldyb , roki kio rajono savivaldyb , al inink rajono savivaldyb , irvint rajono savivaldyb , ven ioni rajono savivaldyb , trak rajono savivaldyb , ukmerg s rajono savivaldyb , utenos rajono savivaldyb , vilniaus miesto savivaldyb , vilniaus rajono savivaldyb , visagino savivaldyb , zaras rajono savivaldyb . 4. poland the following areas in poland: w wojew dztwie podlaskim: gmina dubicze cerkiewne, cz ci gmin kleszczele i czeremcha po o one na wsch d od drogi nr 66 w powiecie hajnowskim, gmina kobylin-borzymy w powiecie wysokomazowieckim, gminy czarna bia ostocka, dobrzyniewo du e, gr dek, micha owo, supra l, tykocin, wasilk w, zab ud w, zawady i choroszcz w powiecie bia ostockim, cz gminy bielsk podlaski po o ona na wsch d od linii wyznaczonej przez drog nr 19 (w kierunku p nocnym od miasta bielsk podlaski) i przed u onej przez wschodni granic miasta bielsk podlaski i drog nr 66 (w kierunku po udniowym od miasta bielsk podlaski), cz gminy orla po o ona na wsch d od drogi nr 66 w powiecie bielskim, gminy sok ka, szudzia owo i krynki w powiecie sok lskim, w wojew dztwie mazowieckim: gmina plater w w powiecie osickim, w wojew dztwie lubelskim: gminy piszczac i kode w powiecie bialskim. part iii 1. estonia the following areas in estonia: aegviidu vald, anija vald, audru vald, j rva maakond, j geva maakond, kadrina vald, kolga-jaani vald, k o vald, laeva vald, laimjala vald, osa kuusalu vallast, mis asub l una pool maanteest nr 1 (e20), osa tamsalu vallast, mis asub edela pool tallinna-tartu raudteest, pihtla vald, rakke vald, tapa vald, t stamaa vald, v ike-maarja vald, valjala vald. 2. latvia the following areas in latvia: apes novada vire u pagasts, balvu novada kubu u un balvu pagasts un balvu pils ta, daugavpils novada n cgales, kalupes, dubnas un vi u pagasts, garkalnes novada da a, kas atrodas uz dienvidaustrumiem no autoce a a2, gulbenes novada be avas, galgauskas, jaungulbenes, daukstu, stradu, litenes, st merienas, tirzas, druvienas, rankas, lizuma un lejasciema pagasts un gulbenes pils ta, ik iles novada t n u pagasta da a, kas atrodas uz zieme rietumiem no autoce a p10, in ukalna novads, jaunpiebalgas novads, krimuldas novada krimuldas pagasta da a, kas atrodas uz dienvidrietumiem no autoce a v89 un v81, un l durgas pagasta da a, kas atrodas uz dienvidrietumiem no autoce a v81 un v128, limba u novada vidri u pagasts, prei u novada prei u, aizkalnes un pel u pagasts un prei u pils ta, raunas novada drustu pagasts, riebi u novada riebi u un ru onas pagasts, ropa u novada da a, kas atrodas uz rietumiem no autoce a p10, rug ju novada rug ju pagasts, salaspils novads, s jas novads, siguldas novada siguldas pagasts un alla u pagasta da a, kas atrodas uz zieme iem no autoce a p3, un siguldas pils ta, smiltenes novada launkalnes, vari u un palsmanes pagasts, stopi u novada da a, kas atrodas uz austrumiem no autoce a v36, p4 un p5, acones ielas, daugu upes ielas un daugu up tes, v rkavas novads. 3. lithuania the following areas in lithuania: bir rajono savivaldyb : vabalninko, papilio ir irvenos seni nijos, kupi kio rajono savivaldyb : alizavos ir kupi kio seni nijos, panev io miesto savivaldyb , panev io rajono savivaldyb : karsaki kio, mie i ki , naujamies io, pa strio, raguvos, ramygalos, smilgi , upyt s, vadokli , vel io seni nijos ir krekenavos seni nijos dalis rytus nuo nev io up s, pasvalio rajono savivaldyb : dauj n ir krin ino seni nijos, var nos rajono savivaldyb . 4. poland the following areas in poland: w wojew dztwie podlaskim: powiat grajewski, powiat moniecki, gminy czy e, bia owie a, hajn wka z miastem hajn wka, narew, narewka i cz ci gminy czeremcha i kleszczele po o one na zach d od drogi nr 66 w powiecie hajnowskim, gminy mielnik, milejczyce, nurzec-stacja, siemiatycze z miastem siemiatycze w powiecie siemiatyckim, w wojew dztwie mazowieckim: gminy sarnaki, stara kornica i huszlew w powiecie osickim, w wojew dztwie lubelskim: gminy konstantyn w, jan w podlaski, le na podlaska, rokitno, bia a podlaska, zalesie i terespol z miastem terespol w powiecie bialskim, powiat miejski bia a podlaska. part iv italy the following areas in italy: tutto il territorio della sardegna.

name: commission decision (eu) 2017/1216 of 23 june 2017 establishing the eu ecolabel criteria for dishwasher detergents (notified under document c(2017) 4240) (text with eea relevance. ) type: decision subject matter: consumption; environmental policy; marketing; chemistry; technology and technical regulations date published: 2017-07-12 12.7.2017 en official journal of the european union l 180/31 commission decision (eu) 2017/1216 of 23 june 2017 establishing the eu ecolabel criteria for dishwasher detergents (notified under document c(2017) 4240) (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 66/2010 of the european parliament and of the council of 25 november 2009 on the eu ecolabel (1), and in particular article 8(2) thereof, after consulting the european union eco-labelling board, whereas: (1) under regulation (ec) no 66/2010, the eu ecolabel may be awarded to those products with a reduced environmental impact during their entire life cycle. (2) regulation (ec) no 66/2010 provides that specific eu ecolabel criteria are to be established for each product group. (3) commission decision 2011/263/eu (2) has established the ecological criteria and the related assessment and verification requirements for dishwasher detergents, which are valid until 31 december 2016. (4) in order to take into account the recent market developments and the innovation that has taken place during the intervening period, it is considered appropriate to establish a revised set of ecological criteria for that product group. (5) the revised criteria, as well as the related assessment and verification requirements, should be valid for 6 years from the date of notification of this decision, taking into account the innovation cycle for that product group. those criteria aim at promoting products that have a reduced impact on aquatic ecosystems, contain a limited amount of hazardous substances, are effective, and minimise waste production by reducing packaging. (6) for reasons of legal certainty, decision 2011/263/eu should be repealed. (7) a transitional period should be allowed for producers whose products have been awarded the eu ecolabel for dishwasher detergents on the basis of the criteria set out in decision 2011/263/eu, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. (8) the measures provided for in this decision are in accordance with the opinion of the committee established by article 16 of regulation (ec) no 66/2010, has adopted this decision: article 1 the product group dishwasher detergents shall comprise any detergent for dishwashers or rinse aid falling under the scope of regulation (ec) no 648/2004 of the european parliament and of the council (3) which is marketed and designed to be used exclusively in household dishwashers and in automatic dishwashers for professional use of the same size and usage as that of household dishwashers. article 2 for the purpose of this decision, the following definitions shall apply: (1) ingoing substances means substances intentionally added, by-products and impurities from raw materials in the final product formulation (including water-soluble foil, where used); (2) primary packaging means: (a) for single doses in a wrapper that is intended to be removed before use, the individual dose wrapping and the packaging conceived so as to constitute the smallest sales unit of distribution to the final user or consumer at the point of purchase, including label where applicable; (b) for all other types of products, packaging conceived so as to constitute the smallest sales unit of distribution to the final user or consumer at the point of purchase, including label where applicable; (3) microplastic means particles with a size of below 5 mm of insoluble macromolecular plastic, obtained through one of the following processes: (a) a polymerisation process such as polyaddition or polycondensation or a similar process using monomers or other starting substances; (b) chemical modification of natural or synthetic macromolecules; (c) microbial fermentation; (4) nanomaterial means a natural, incidental or manufactured material containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1-100 nm (4). article 3 in order to be awarded the eu ecolabel under regulation (ec) no 66/2010, a dishwasher detergent or rinse aid shall fall within the product group dishwasher detergents, as defined in article 1 of this decision and shall comply with the criteria as well as the related assessment and verification requirements set out in the annex. article 4 the criteria for the product group dishwasher detergents and the related assessment and verification requirements shall be valid for 6 years from the date of notification of this decision. article 5 for administrative purposes the code number assigned to the product group dishwasher detergents shall be 015. article 6 decision 2011/263/eu is repealed. article 7 1. by derogation from article 6, applications for the eu ecolabel for products falling within the product group dishwasher detergents submitted before the date of notification of this decision shall be evaluated in accordance with the conditions laid down in decision 2011/263/eu. 2. applications for the eu ecolabel for products falling within the product group dishwasher detergents submitted within 2 months from the date of notification of this decision may be based either on the criteria set out in decision 2011/263/eu or on the criteria set out in this decision. those applications shall be evaluated in accordance with the criteria on which they are based. 3. eu ecolabel licences awarded in accordance with the criteria set out in decision 2011/263/eu may be used for 12 months from the date of notification of this decision. article 8 this decision is addressed to the member states. done at brussels, 23 june 2017. for the commission karmenu vella member of the commission (1) oj l 27, 30.1.2010, p. 1. (2) commission decision 2011/263/eu of 28 april 2011 on establishing the ecological criteria for the award of the eu ecolabel to detergents for dishwashers (oj l 111, 30.4.2011, p. 22). (3) regulation (ec) no 648/2004 of the european parliament and of the council of 31 march 2004 on detergents (oj l 104, 8.4.2004, p. 1). (4) commission recommendation 2011/696/eu of 18 october 2011 on the definition of nanomaterial (oj l 275, 20.10.2011, p. 38). annex framework eu ecolabel criteria criteria for awarding the eu ecolabel to dishwasher detergents criteria 1. dosage requirements 2. toxicity to aquatic organisms 3. biodegradability 4. sustainable sourcing of palm oil, palm kernel oil and their derivatives 5. excluded and restricted substances 6. packaging 7. fitness for use 8. user information 9. information appearing on the eu ecolabel assessment and verification (a) requirements the specific assessment and verification requirements are indicated within each criterion. where the applicant is required to provide to competent bodies with declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, these may originate from the applicant and/or their supplier(s), as appropriate. competent bodies shall preferentially recognise attestations which are issued by bodies accredited in accordance with the relevant harmonised standard for testing and calibration laboratories and verifications by bodies that are accredited in accordance with the relevant harmonised standard for bodies certifying products, processes and services. accreditation shall be carried out in accordance with regulation (ec) no 765/2008 of the european parliament and of the council (1). where appropriate, test methods other than those indicated for each criterion may be used if the competent body assessing the application accepts their equivalence. where appropriate, competent bodies may require supporting documentation and may carry out independent verifications or site visits. as a prerequisite, the product shall meet all applicable legal requirements of the country or countries in which the product is intended to be placed on the market. the applicant shall declare the product's compliance with this requirement. the detergent ingredient database list (did list), available on the eu ecolabel website, contains the most widely used ingoing substances in detergents and cosmetics formulations. it shall be used for deriving the data for the calculations of the critical dilution volume (cdv) and for the assessment of the biodegradability of the ingoing substances. for substances not present on the did list, guidance is given on how to calculate or extrapolate the relevant data. the list of all ingoing substances shall be provided to the competent body, indicating the trade name (if existing), the chemical name, the cas no, the did no, the ingoing quantity, the function and the form present in the final product formulation (including water-soluble foil, if used). preservatives, fragrances and colouring agents shall be indicated regardless of concentration. other ingoing substances shall be indicated at or above the concentration of 0,010 % weight by weight. all ingoing substances present in the form of nanomaterials shall be clearly indicated in the list with the word nano written in brackets. for each ingoing substance listed, the safety data sheets (sdss) in accordance with regulation (ec) no 1907/2006 of the european parliament and of the council (2) shall be provided. where an sds is not available for a single substance because it is part of a mixture, the applicant shall provide the sds of the mixture. (b) measurement thresholds compliance with the ecological criteria is required for all ingoing substances as specified in table 1. table 1 threshold levels applicable to ingoing substances by criterion for dishwasher detergents (% weight by weight) criterion name surfactants preservatives colouring agents fragrances other (e.g. enzymes) toxicity to aquatic organisms 0,010 no limit (*1) no limit (*1) no limit (*1) 0,010 biodegradability surfactants 0,010 n/a n/a n/a n/a organics 0,010 no limit (*1) no limit (*1) no limit (*1) 0,010 sustainable sourcing of palm oil 0,010 n/a n/a n/a 0,010 excluded or limited substances specified excluded and limited subst. no limit (*1) no limit (*1) no limit (*1) no limit (*1) no limit (*1) hazardous subst. 0,010 0,010 0,010 0,010 0,010 svhcs no limit (*1) no limit (*1) no limit (*1) no limit (*1) no limit (*1) fragrances n/a n/a n/a no limit (*1) n/a preservatives n/a no limit (*1) n/a n/a n/a colouring agents n/a n/a no limit (*1) n/a n/a enzymes n/a n/a n/a n/a no limit (*1) reference dosage the following dosage shall be taken as the reference dosage for the calculations aiming at documenting compliance with the eu ecolabel criteria and for testing of cleaning ability. dishwasher detergent highest dosage recommended by the manufacturer to wash 12 normally soiled place settings under standard conditions (wash), as laid down in en 50242 (indicated in g/wash or ml/wash) rinse aid 3 ml/wash assessment and verification: the applicant shall provide the product label or user instruction sheet that includes the dosing instructions. criterion 1 dosage requirements the reference dosage shall not exceed the following amounts: product type dosage (g/wash) single-function dishwasher detergent 19,0 multi-function dishwasher detergent 21,0 rinse aids are exempted from this requirement. assessment and verification: the applicant shall provide the product label that includes the dosing instructions and documentation showing the density (g/ml) of liquid and gel products. criterion 2 toxicity to aquatic organisms the critical dilution volume (cdvchronic) of the product shall not exceed the following limits for the reference dosage: product type limit cdv (l/wash) single-function dishwasher detergents 22 500 multi-function dishwasher detergents 27 000 rinse aid 7 500 assessment and verification: the applicant shall provide the calculation of the cdvchronic of the product. a spreadsheet for calculating the cdvchronic value is available on the eu ecolabel website. the cdvchronic is calculated for all ingoing substances (i) in the product using the following equation: where: dosage(i) : weight (g) of the substance (i) in the reference dose; df(i) : degradation factor for the substance (i); tfchronic(i) : chronic toxicity factor for the substance (i). the values of df(i) and tfchronic(i) shall be as given in the most updated part a of the did list. if an ingoing substance is not included in the part a, the applicant shall estimate the values following the approach described in the part b of that list and attaching the associated documentation. criterion 3 biodegradability (a) biodegradability of surfactants all surfactants shall be readily degradable (aerobically). all surfactants classified as hazardous to the aquatic environment: acute category 1 (h400) or chronic category 3 (h412), in accordance with regulation (ec) no 1272/2008 of the european parliament and of the council (3) shall be in addition anaerobically biodegradable. (b) biodegradability of organic compounds the content of organic substances in the product that are aerobically non-biodegradable (not readily biodegradable, anbo) or anaerobically non-biodegradable (annbo) shall not exceed the following limits for the reference dosage: product type anbo (g/wash) annbo (g/wash) dishwasher detergents 1,00 3,00 rinse aids 0,15 0,50 assessment and verification: the applicant shall provide documentation for the degradability of surfactants, as well as the calculation of anbo and annbo for the product. a spreadsheet for calculating anbo and annbo values is available on the eu ecolabel website. for both the degradability of surfactants and the anbo and annbo values for organic compounds, reference shall be made to the most updated did list. for ingoing substances that are not included in the part a of the did list, the relevant information from literature or other sources, or appropriate test results, showing that they are aerobically and anaerobically biodegradable shall be provided, as described in the part b of that list. in the absence of documentation for degradability described above, an ingoing substance other than a surfactant may be exempted from the requirement for anaerobic degradability if one of the following three alternatives is fulfilled: (1) it is readily degradable and has low adsorption (a < 25 %); (2) it is readily degradable and has high desorption (d > 75 %); (3) it is readily degradable and non-bioaccumulating (4). testing for adsorption/desorption shall be conducted in accordance with oecd guideline 106. criterion 4 sustainable sourcing of palm oil, palm kernel oil and their derivatives ingoing substances used in the products which are derived from palm oil or palm kernel oil shall be sourced from plantations that meet the requirements of a certification scheme for sustainable production that is based on multi-stakeholder organisations that has a broad membership, including ngos, industry and government and that addresses environmental impacts including on soil, biodiversity, organic carbon stocks and conservation of natural resources. assessment and verification: the applicant shall provide evidence through third-party certificates and chain of custody that palm oil and palm kernel oil used in the manufacturing of the ingoing substances originates from sustainably managed plantations. certificates accepted shall include roundtable for sustainable palm oil (rspo) (by identity preserved, segregated or mass balance) or any equivalent or stricter sustainable production scheme. for chemical derivatives of palm oil and for palm kernel oil, it shall be acceptable to demonstrate sustainability through book and claim systems such as greenpalm certificates or equivalent by providing the annual communications of progress (acop) declared amounts of procured and redeemed greenpalm certificates during the most recent annual trading period. criterion 5 excluded and restricted substances (a) specified excluded and restricted substances (i) excluded substances the substances indicated below shall not be included in the product formulation regardless of concentration: alkyl phenol ethoxylates (apeos) and other alkyl phenol derivatives, atranol, chloroatranol, diethylenetriaminepentaacetic acid (dtpa), ethylenediaminetetraacetic acid (edta) and its salts, formaldehyde and its releasers (e.g. 2-bromo-2-nitropropane-1,3-diol, 5-bromo-5-nitro-1,3-dioxane, sodium hydroxyl methyl glycinate, diazolidinylurea), with the exception of impurities of formaldehyde in surfactants based on polyalkoxy chemistry up to a concentration of 0,010 % weight by weight in the ingoing substance, glutaraldehyde, hydroxyisohexyl 3-cyclohexene carboxaldehyde (hicc), microplastics, nanosilver, nitromusks and polycyclic musks, phosphates, per-fluorinated alkylates, quaternary ammonium salts not readily biodegradable, reactive chlorine compounds, rhodamine b, sodium hydroxyl methyl glycinate, triclosan, 3-iodo-2-propynyl butylcarbamate. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the listed substances have not been included in the product formulation regardless of concentration. (ii) restricted substances the substances listed below shall not be included in the product formulation above the concentrations indicated: 2-methyl-2h-isothiazol-3-one: 0,0050 % weight by weight, 1,2-benzisothiazol-3(2h)-one: 0,0050 % weight by weight, 5-chloro-2-methyl-4-isothiazolin-3-one/2-methyl-4-isothiazolin-3-one: 0,0015 % weight by weight. the total phosphorus (p) content calculated as elemental p shall be limited to: 0,20 g/wash for dishwasher detergents, 0,030 g/wash for rinse aids fragrance substances subject to the declaration requirement provided in regulation (ec) no 648/2004 shall not be present in quantities 0,010 % weight by weight per substance. assessment and verification: the applicant shall provide the following documents: (a) if isothiazolinones are used, a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the content of isothiazolinones used is equal to or lower than the limits set; (b) a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the total amount of elemental p is equal to or lower than the limits set. the declaration shall be supported by the calculations of the product's total p-content; (c) a signed declaration of compliance supported by declarations or documentation from suppliers, if appropriate, confirming that the fragrance substances subject to the declaration requirement provided for in regulation (ec) no 648/2004 are not present above the limits set. (b) hazardous substances (i) final product the final product shall not be classified and labelled as being acutely toxic, a specific target organ toxicant, a respiratory or skin sensitiser, carcinogenic, mutagenic or toxic for reproduction, or hazardous to the aquatic environment, as defined in annex i to regulation (ec) no 1272/2008 and in accordance with the list in table 2. (ii) ingoing substances the product shall not contain ingoing substances at a concentration limit at or above 0,010 % weight by weight in the final product that meet the criteria for classification as toxic, hazardous to the aquatic environment, respiratory or skin sensitisers, carcinogenic, mutagenic or toxic for reproduction in accordance with annex i to regulation (ec) no 1272/2008 and in accordance with the list in table 2. where stricter, the generic or specific concentration limits determined in accordance with article 10 of regulation (ec) no 1272/2008 shall take precedence. table 2 restricted hazard classifications and their categorisation acute toxicity categories 1 and 2 category 3 h300 fatal if swallowed h301 toxic if swallowed h310 fatal in contact with skin h311 toxic in contact with skin h330 fatal if inhaled h331 toxic if inhaled h304 may be fatal if swallowed and enters airways euh070 toxic by eye contact specific target organ toxicity category 1 category 2 h370 causes damage to organs h371 may cause damage to organs h372 causes damage to organs through prolonged or repeated exposure h373 may cause damage to organs through prolonged or repeated exposure respiratory and skin sensitisation category 1a/1 category 1b h317 may cause allergic skin reaction h317 may cause allergic skin reaction h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled carcinogenic, mutagenic or toxic for reproduction categories 1a and 1b category 2 h340 may cause genetic defects h341 suspected of causing genetic defects h350 may cause cancer h351 suspected of causing cancer h350i may cause cancer by inhalation h360f may damage fertility h361f suspected of damaging fertility h360d may damage the unborn child h361d suspected of damaging the unborn child h360fd may damage fertility. may damage the unborn child h361fd suspected of damaging fertility. suspected of damaging the unborn child h360fd may damage fertility. suspected of damaging the unborn child h362 may cause harm to breast fed children h360df may damage the unborn child. suspected of damaging fertility hazardous to the aquatic environment categories 1 and 2 categories 3 and 4 h400 very toxic to aquatic life h412 harmful to aquatic life with long-lasting effects h410 very toxic to aquatic life with long-lasting effects h413 may cause long-lasting effects to aquatic life h411 toxic to aquatic life with long-lasting effects hazardous to the ozone layer h420 hazardous to the ozone layer this criterion does not apply to ingoing substances covered by article 2(7)(a) and (b) of regulation (ec) no 1907/2006 which set out criteria for exempting substances within annexes iv and v to that regulation from the registration, downstream user and evaluation requirements. in order to determine whether that exclusion applies, the applicant shall screen any ingoing substance present at a concentration above 0,010 % weight by weight. substances and mixtures included in table 3 are exempted from point (b)(ii) of criterion 5. table 3 derogated substances substance hazard statement surfactants h400 very toxic to aquatic life h412 harmful to aquatic life with long-lasting effects subtilisin h400 very toxic to aquatic life h411 toxic to aquatic life with long-lasting effects enzymes (*2) h317 may cause allergic skin reaction h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled nta as an impurity in mgda and glda (*3) h351 suspected of causing cancer assessment and verification: the applicant shall demonstrate compliance with this criterion for the final product and for any ingoing substance present at a concentration greater than 0,010 % weight by weight in the final product. the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, or sds confirming that none of these substances meets the criteria for classification with one or more of the hazard statements listed in table 2 in the form(s) and physical state(s) in which they are present in the product. for substances listed in annexes iv and v to regulation (ec) no 1907/2006, which are exempted from registration obligations under points (a) and (b) of article 2(7) of that regulation, a declaration to this effect by the applicant shall suffice to comply. the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, or sds confirming the presence of ingoing substances that fulfil the derogation conditions. (c) substances of very high concern (svhcs) the final product shall not contain any ingoing substances that have been identified in accordance with the procedure described in article 59(1) of regulation (eu) no 1907/2006, which establishes the candidate list for substances of very high concern. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from their suppliers, if appropriate, or sds confirming the non-presence of all the candidate list substances. reference to the latest list of substances of very high concern shall be made on the date of application. (d) fragrances any ingoing substance added to the product as a fragrance shall be manufactured and handled following the code of practice of the international fragrance association (ifra) (5). the recommendations of the ifra standards concerning prohibition, restricted use and specified purity criteria for substances shall be followed by the manufacturer. assessment and verification: the supplier or fragrance manufacturer, as appropriate, shall provide a signed declaration of compliance. (e) preservatives (i) the product may only include preservatives in order to preserve the product, and in the appropriate dosage for this purpose alone. this does not refer to surfactants which may also have biocidal properties. (ii) the product may contain preservatives provided that they are not bio-accumulating. a preservative is considered to be not bio-accumulating if the bcf is < 100 or log kow is < 3,0. if both the bcf and log kow values are available, the highest measured bcf value shall be used. (iii) it is prohibited to claim or suggest on the packaging or by any other communication that the product has an antimicrobial or disinfecting effect. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any preservative added and information on its bcf or log kow values. the applicant shall also provide artwork of the packaging. (f) colouring agents colouring agents in the product shall not be bio-accumulating. a colouring agent is considered not bio-accumulating if the bcf is < 100 or log kow is < 3,0. if both the bcf and log kow values are available, the highest measured bcf value shall be used. in the case of colouring agents approved for use in food, it is not necessary to submit documentation of bio-accumulation potential. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any colouring agent added and information on its bcf or log kow value, or documentation to ensure that the colouring agent is approved for use in food. (g) enzymes only enzyme encapsulated (in solid form) and enzyme liquids/slurries shall be used. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any enzyme added. criterion 6 packaging (a) weight/utility ratio (wur) the weight/utility ratio (wur) of the product shall be calculated for the primary packaging only and shall not exceed the following values for the reference dosage. product type wur (g/wash) dishwasher detergents 2,4 rinse aids 1,5 primary packaging made of more than 80 % of recycled materials is exempted from this requirement. assessment and verification: the applicant shall provide the calculation of the wur of the product. if the product is sold in different packaging (i.e. with different volumes), the calculation shall be submitted for each packaging size for which the eu ecolabel shall be awarded. the wur is calculated as follows: wur = ((w i + u i)/(d i * r i)) where: wi : weight (g) of the primary packaging (i); ui : weight (g) of non-post-consumer recycled packaging in the primary packaging (i). ui = wi unless the applicant can prove otherwise; di : number of reference doses contained in the primary packaging (i); ri : refill index. ri = 1 (packaging is not reused for the same purpose) or ri = 2 (if the applicant can document that the packaging component can be reused for the same purpose and they sell refills). the applicant shall provide a signed declaration of compliance confirming the content of post-consumer recycled material, along with relevant documentation. packaging is regarded as post-consumer recycled if the raw material used to make the packaging has been collected from packaging manufacturers at the distribution stage or at the consumer stage. (b) design for recycling plastic packaging shall be designed to facilitate effective recycling by avoiding potential contaminants and incompatible materials that are known to impede separation or reprocessing or to reduce the quality of recyclate. the label or sleeve, closure and, where applicable, barrier coatings shall not comprise, either singularly or in combination the materials and components listed in table 4. pump mechanisms (including in sprays) are exempted from this requirement. table 4 materials and components excluded from packaging elements packaging element excluded materials and components (*4) label or sleeve ps label or sleeve in combination with a pet, pp or hdpe bottle pvc label or sleeve in combination with a pet, pp or hdpe bottle petg label or sleeve in combination with a pet bottle any other plastic materials for sleeves/labels with a density > 1 g/cm3 used with a pet bottle any other plastic materials for sleeves/labels with a density < 1 g/cm3 used with a pp or hdpe bottle labels or sleeves that are metallised or are welded to a packaging body (in mould labelling) closure ps closure in combination a with a pet, hdpe or pp bottle pvc closure in combination with a pet, pp or hdpe bottle petg closures or closure material with a density < 1 g/cm3 in combination with a pet bottle closures made of metal, glass or eva which are not easily separable from the bottle closures made of silicone. silicone closures with a density < 1 g/cm3 in combination with a pet bottle and silicone closures with a density > 1g/cm3 in combination with pehd or pp bottle are exempted. metallic foils or seals which remain fixed to the bottle or its closure after the product has been opened barrier coatings polyamide, functional polyolefins, metallised and light blocking barriers assessment and verification: the applicant shall provide a signed declaration of compliance specifying the material composition of the packaging including the container, label or sleeve, adhesives, closure and barrier coating, as appropriate, along with photos or technical drawings of the primary packaging. criterion 7 fitness for use the product shall have a satisfactory cleaning performance at the lowest temperature and dosage recommended by the manufacturer for the water hardness in accordance with the most updated ikw standard test (6) or the most updated standard en 50242/en 60436 as modified in framework performance test for dishwasher detergents available on the eu ecolabel website (7). assessment and verification: the applicant shall provide documentation demonstrating that the product has been tested under the conditions specified in the ikw standard or framework and that the results showed that the product achieved at least the minimum cleaning performance required. the applicant shall also provide documentation demonstrating compliance with the laboratory requirements included in the relevant harmonised standards for testing and calibration laboratories, if appropriate. an equivalent test performance may be used if equivalence has been assessed and accepted by the competent body. criterion 8 user information the product shall be accompanied by instructions for proper use so as to maximise product performance and minimise waste, and reduce water pollution and use of resources. these instructions shall be legible or include graphical representation or icons and include information on the following: (a) dosing instructions the applicant shall take suitable steps to help consumers respect the recommended dosage, making available the dosing instructions and a convenient dosage system (e.g. caps). dosage instructions shall include information on the recommended dosage for a standard load. (b) packaging disposal information the primary packaging shall include information on the reuse, recycling and correct disposal of packaging. (c) environmental information a text shall appear on the primary packaging indicating the importance of using the correct dosage and the lowest recommended temperature in order to minimise energy and water consumption and reduce water pollution. assessment and verification: the applicant shall provide a signed declaration of compliance along with a sample of the product label. criterion 9 information appearing on the eu ecolabel the logo should be visible and legible. the eu ecolabel registration/licence number shall appear on the product and it shall be legible and clearly visible. the applicant may choose to include an optional text box on the label that contains the following text: limited impact on the aquatic environment, restricted amount of hazardous substances, tested for cleaning performance. assessment and verification: the applicant shall provide a signed declaration of compliance along with a sample of the product label or artwork of the packaging where the eu ecolabel is placed, together with a signed declaration of compliance. (1) regulation (ec) no 765/2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation (eec) no 339/93 (oj l 218, 13.8.2008, p. 30). (2) regulation (ec) no 1907/2006 of the european parliament and of the council of 18 december 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (reach), establishing a european chemicals agency, amending directive 1999/45/ec and repealing council regulation (eec) no 793/93 and commission regulation (ec) no 1488/94 as well as council directive 76/769/eec and commission directives 91/155/eec, 93/67/eec, 93/105/ec and 2000/21/ec (oj l 396, 30.12.2006, p. 1). (*1) no limit means: regardless of the concentration, all substances intentionally added, by-products and impurities from raw materials (analytical limit of detection) n/a not applicable (3) regulation (ec) no 1272/2008 of the european parliament and of the council of 16 december 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/eec and 1999/45/ec, and amending regulation (ec) no 1907/2006 (oj l 353, 31.12.2008, p. 1). (4) a substance is considered to be not bio-accumulating if the bcf is < 100 or log kow is < 3,0. if both the bcf and log kow values are available, the highest measured bcf value shall be used. (*2) including stabilisers and other auxiliary substances in the preparations (*3) in concentrations lower than 0,2 % in the raw material as long as the total concentration in the final product is lower than 0,10 %. (5) available at the ifra website http://www.ifraorg.org (*4) eva ethylene vinyl acetate, hdpe high-density polyethylene, pet polyethylene terephtalate, petg polyethylene terephthalate glycol-modified, pp polypropylene, ps polystyrene, pvc polyvinylchloride (6) available at http://www.ikw.org/fileadmin/content/downloads/haushaltspflege/hp_dishwashera_b_e.pdf (7) [url for protocol on eu ecolabel website will be inserted later currently all proposed protocol documents can be found in the technical report].

name: commission decision (eu) 2017/1219 of 23 june 2017 establishing the eu ecolabel criteria for industrial and institutional laundry detergents (notified under document c(2017) 4245) (text with eea relevance. ) type: decision subject matter: chemistry; technology and technical regulations; marketing; environmental policy; economic structure; consumption date published: 2017-07-12 12.7.2017 en official journal of the european union l 180/79 commission decision (eu) 2017/1219 of 23 june 2017 establishing the eu ecolabel criteria for industrial and institutional laundry detergents (notified under document c(2017) 4245) (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 66/2010 of the european parliament and of the council of 25 november 2009 on the eu ecolabel (1), and in particular article 8(2) thereof, after consulting the european union eco-labelling board, whereas: (1) under regulation (ec) no 66/2010, the eu ecolabel may be awarded to those products with a reduced environmental impact during their entire life cycle. (2) regulation (ec) no 66/2010 provides that specific eu ecolabel criteria are to be established for each product group. (3) commission decision 2012/721/eu (2) has established the ecological criteria and the related assessment and verification requirements for industrial and institutional laundry detergents, which are valid until 14 november 2016. (4) in order to take into account the recent market developments and the innovation that has taken place during the intervening period, it is considered appropriate to establish a revised set of ecological criteria for that product group. (5) the revised criteria, as well as the related assessment and verification requirements, should be valid for 6 years from the date of notification of this decision, taking into account the innovation cycle for that product group. those criteria aim at promoting products that have a reduced impact on aquatic ecosystems, contain a limited amount of hazardous substances, are effective at the recommended temperatures, and minimise waste production by reducing packaging. (6) for reasons of legal certainty, decision 2012/721/eu should be repealed. (7) a transitional period should be allowed for producers whose products have been awarded the eu ecolabel for industrial and institutional laundry detergents on the basis of the criteria set out in decision 2012/721/eu, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. (8) the measures provided for in this decision are in accordance with the opinion of the committee established by article 16 of regulation (ec) no 66/2010, has adopted this decision: article 1 the product group industrial and institutional laundry detergents shall comprise any laundry detergent falling under the scope of regulation (ec) no 648/2004 of the european parliament and of the council (3) which is marketed and designed to be used by specialised personnel in industrial and institutional facilities. this product group includes multi-component systems comprised of more than one component used to build up a complete detergent or a laundering programme for an automatic dosing system. multi-component systems may incorporate a number of products such as fabric softeners, stain removers and rinsing agents, and they shall be tested as a whole. this product group shall not comprise products which induce textile attributes such as water repellency, waterproofness or fire retardancy. furthermore, the product group shall not comprise products that are dosed by carriers such as sheets, cloths or other materials, or washing auxiliaries used without subsequent washing such as stain removers for carpets and furniture upholstery. laundry detergents to be used in household washing machines are excluded from the scope of this product group. article 2 for the purpose of this decision, the following definitions shall apply: (1) ingoing substances means substances intentionally added, by-products and impurities from raw materials in the final product formulation (including water-soluble foil, if used); (2) primary packaging means: (a) for single doses in a wrapper that is intended to be removed before use, the individual dose wrapping and the packaging conceived so as to constitute the smallest sales unit of distribution to the final user or consumer at the point of purchase, including label where applicable; (b) for all other types of products, packaging conceived so as to constitute the smallest sales unit of distribution to the final user or consumer at the point of purchase, including label where applicable; (3) microplastic means particles with a size of below 5 mm of insoluble macromolecular plastic, obtained through one of the following processes: (a) a polymerisation process such as e.g. polyaddition or polycondensation or a similar process using monomers or other starting substances; (b) chemical modification of natural or synthetic macromolecules; (c) microbial fermentation; (4) nanomaterial means a natural, incidental or manufactured material containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1-100 nm (4). article 3 in order to be awarded the eu ecolabel under regulation (ec) no 66/2010, a laundry detergent shall fall within the product group industrial and institutional laundry detergents, as defined in article 1 of this decision and shall comply with the criteria as well as the related assessment and verification requirements set out in the annex. article 4 the criteria for the product group industrial and institutional laundry detergents and the related assessment and verification requirements shall be valid for 6 years from the date of notification of this decision. article 5 for administrative purposes the code number assigned to the product group industrial and institutional laundry detergents shall be 039. article 6 decision 2012/721/eu is repealed. article 7 1. by derogation from article 6, applications for the eu ecolabel for products falling within the product group industrial and institutional laundry detergents submitted before the date of notification of this decision shall be evaluated in accordance with the conditions laid down in decision 2012/721/eu. 2. applications for the eu ecolabel for products falling within the product group industrial and institutional laundry detergents submitted within 2 months from the date of notification of this decision may be based either on the criteria set out in decision 2012/721/eu or on the criteria set out in this decision. those applications shall be evaluated in accordance with the criteria on which they are based. 3. eu ecolabel licenses awarded in accordance with the criteria set out in decision 2012/721/eu may be used for 12 months from the date of notification of this decision. article 8 this decision is addressed to the member states. done at brussels, 23 june 2017. for the commission karmenu vella member of the commission (1) oj l 27, 30.1.2010, p. 1. (2) commission decision 2012/721/eu of 14 november 2012 establishing the ecological criteria for the award of the eu ecolabel for industrial and institutional laundry detergents (oj l 326, 24.11.2012, p. 38). (3) regulation (ec) no 648/2004 of the european parliament and of the council of 31 march 2004 on detergents (oj l 104, 8.4.2004, p. 1). (4) commission recommendation 2011/696/eu of 18 october 2011 on the definition of nanomaterial (oj l 275, 20.10.2011, p. 38). annex framework eu ecolabel criteria criteria for awarding the eu ecolabel to industrial and institutional laundry detergents criteria 1. toxicity to aquatic organisms 2. biodegradability 3. sustainable sourcing of palm oil, palm kernel oil and their derivatives 4. excluded and restricted substances 5. packaging 6. fitness for use 7. automatic dosing systems 8. user information 9. information appearing on the eu ecolabel assessment and verification (a) requirements the specific assessment and verification requirements are indicated within each criterion. where the applicant is required to provide to competent bodies with declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, these may originate from the applicant and/or their supplier(s), as appropriate. competent bodies shall preferentially recognise attestations which are issued by bodies accredited in accordance with the relevant harmonised standard for testing and calibration laboratories and verifications by bodies that are accredited in accordance with the relevant harmonised standard for bodies certifying products, processes and services. accreditation shall be carried in accordance with regulation (ec) no 765/2008 of the european parliament and of the council (1). where appropriate, test methods other than those indicated for each criterion may be used if the competent body assessing the application accepts their equivalence. where appropriate, competent bodies may require supporting documentation and may carry out independent verifications or site visits. as a prerequisite, the product shall meet all applicable legal requirements of the country or countries in which the product is intended to be placed on the market. the applicant shall declare the product's compliance with this requirement. the detergent ingredient database list (did list), available on the eu ecolabel website, contains the most widely used ingoing substances in detergents and cosmetics formulations. it shall be used for deriving the data for the calculations of the critical dilution volume (cdv) and for the assessment of the biodegradability of the ingoing substances. for substances not present on the did list, guidance is given on how to calculate or extrapolate the relevant data. the list of all ingoing substances shall be provided to the competent body, indicating the trade name (if existing), the chemical name, the cas no., the did no., the ingoing quantity, the function and the form present in the final product formulation (including water-soluble foil, if used). preservatives, fragrances and colouring agents shall be indicated regardless of concentration. other ingoing substances shall be indicated at or above the concentration of 0,010 % weight by weight. all ingoing substances present in the form of nanomaterials shall be clearly indicated in the list with the word nano written in brackets. for each ingoing substance listed, the safety data sheets (sds) in accordance with regulation (ec) no 1907/2006 of the european parliament and of the council (2) shall be provided. where an sds is not available for a single substance because it is part of a mixture, the applicant shall provide the sds of the mixture. (b) measurement thresholds compliance with the ecological criteria is required for all ingoing substances as specified in table 1. table 1 threshold levels applicable to ingoing substances by criterion for industrial and institutional laundry detergents (% weight by weight) criterion name surfactants preservatives colouring agents fragrances other (e.g. enzymes) toxicity to aquatic organisms 0,010 no limit (*1) no limit (*1) no limit (*1) 0,010 biodegradability surfactants 0,010 n/a n/a n/a n/a organics 0,010 no limit (*1) no limit (*1) no limit (*1) 0,010 sustainable sourcing of palm oil 0,010 n/a n/a n/a 0,010 excluded or limited substances specified excluded and limited subst. no limit (*1) no limit (*1) no limit (*1) no limit (*1) no limit (*1) hazardous subst. 0,010 0,010 0,010 0,010 0,010 svhcs no limit (*1) no limit (*1) no limit (*1) no limit (*1) no limit (*1) fragrances n/a n/a n/a no limit (*1) n/a preservatives n/a no limit (*1) n/a n/a n/a colouring agents n/a n/a no limit (*1) n/a n/a enzymes n/a n/a n/a n/a no limit (*1) reference dosage the following dosage shall be taken as the reference dosage for the calculations aiming at documenting compliance with the eu ecolabel criteria and for testing of washing ability: the highest dosage recommended by the manufacturer to wash one kilogram of dry laundry (indicated in g/kg of laundry or ml/kg of laundry) for three degrees of soiling (light, medium and heavy) and water hardness (soft, medium, hard). all products in a multi-component system shall be included with the worst case dosage when assessments of the criteria are made. examples of degree of soiling soiling degree of soiling light hotels: bed linen, bedclothes and towels, etc. (towels may be considered heavily soiled) cloth hand towel rolls medium work clothes: institutions/retail/service, etc. restaurants: tablecloths, napkins, etc. mops and mats heavy work clothes: industry/kitchen/butchering, etc. kitchen textiles: clothes, dish towels, etc. institutions such as hospitals: bed linen, bedclothes, contour sheets, patient clothing, doctor's coat or scrubs/overall, etc. assessment and verification: the applicant shall provide the product label or user instruction sheet that includes the dosing instructions. criterion 1 toxicity to aquatic organisms the critical dilution volume (cdvchronic) of the product shall not exceed the following limits for the reference dosage. soft water (< 1,5 mmol caco3/l) (l/kg of laundry) degree of soiling product type light medium heavy powder 30 000 40 000 50 000 liquid 50 000 60 000 70 000 multi-component system 50 000 70 000 90 000 medium water (1,5-2,5 mmol caco3/l) (l/kg of laundry) degree of soiling product type light medium heavy powder 40 000 60 000 80 000 liquid 60 000 75 000 90 000 multi-component system 60 000 80 000 100 000 hard water (> 2,5 mmol caco3/l) (l/kg of laundry) degree of soiling product type light medium heavy powder 50 000 75 000 90 000 liquid 75 000 90 000 120 000 multi-component system 75 000 100 000 120 000 assessment and verification: the applicant shall provide the calculation of the cdvchronic of the product. a spreadsheet for calculating the cdvchronic value is available on the eu ecolabel website. the cdvchronic is calculated for all ingoing substances (i) in the product using the following equation: where: dosage(i) : weight (g) of the substance (i) in the reference dose; df(i) : degradation factor for the substance (i); tfchronic(i) : chronic toxicity factor for the substance (i). the values of df(i) and tfchronic(i) shall be as given in the most updated part a of the did list. if an ingoing substance is not included in part a, the applicant shall estimate the values following the approach described in the part b of that list and attaching the associated documentation. because of the degradation of certain substances in the wash process, separate rules apply to the following: hydrogen peroxide (h2o2) not to be included in calculation of cdv, peracetic acid to be included in the calculation as acetic acid. criterion 2 biodegradability (a) biodegradability of surfactants all surfactants shall be readily degradable (aerobically). all surfactants classified as hazardous to the aquatic environment: acute category 1 (h400) or chronic category 3 (h412), in accordance with regulation (ec) no 1272/2008 of the european parliament and of the council (3) shall be in addition anaerobically biodegradable. (b) biodegradability of organic compounds the content of organic substances in the product that are aerobically non-biodegradable (not readily biodegradable, anbo) or anaerobically non-biodegradable (annbo) shall not exceed the following limits for the reference dosage: anbo (g/kg of laundry) soft water (< 1,5 mmol caco3/l) degree of soiling product type light medium heavy powder 0,70 1,10 1,40 liquid 0,50 0,60 0,70 multi-component system 1,25 1,75 2,50 medium water (1,5-2,5 mmol caco3/l) degree of soiling product type light medium heavy powder 1,10 1,40 1,75 liquid 0,60 0,70 0,90 multi-component system 1,75 2,50 3,75 hard water (> 2,5 mmol caco3/l) degree of soiling product type light medium heavy powder 1,40 1,75 2,20 liquid 0,70 0,90 1,20 multi-component system 2,50 3,75 4,80 annbo (g/kg of laundry) soft water (< 1,5 mmol caco3/l) degree of soiling product type light medium heavy powder 0,70 1,10 1,40 liquid 0,50 0,60 0,70 multi-component system 1,25 1,75 2,50 medium water (1,5-2,5 mmol caco3/l) degree of soiling product type light medium heavy powder 1,10 1,40 1,75 liquid 0,60 0,70 0,90 multi-component system 1,75 2,50 3,75 hard water (> 2,5 mmol caco3/l) degree of soiling product type light medium heavy powder 1,40 1,75 2,20 liquid 0,70 0,90 1,20 multi-component system 2,50 3,75 4,80 assessment and verification: the applicant shall provide documentation for the degradability of surfactants, as well as the calculation of anbo and annbo for the product. a spreadsheet for calculating anbo and annbo values is available on the eu ecolabel website. for both the degradability of surfactants and the anbo and annbo values for organic compounds, reference shall be made to the most updated did list. for ingoing substances that are not included in part a of the did list, the relevant information from literature or other sources, or appropriate test results, showing that they are aerobically and anaerobically biodegradable shall be provided, as described in part b of that list. in the absence of documentation for degradability, an ingoing substance other than a surfactant may be exempted from the requirement for anaerobic degradability if one of the following three alternatives is fulfilled: (1) it is readily degradable and has low adsorption (a < 25 %); (2) it is readily degradable and has high desorption (d > 75 %); (3) it is readily degradable and non-bioaccumulating (4). testing for adsorption/desorption shall be conducted in accordance with oecd guideline 106. criterion 3 sustainable sourcing of palm oil, palm kernel oil and their derivatives ingoing substances used in the products which are derived from palm oil or palm kernel oil shall be sourced from plantations that meet the requirements of a certification scheme for sustainable production that is based on multi-stakeholder organisations that has a broad membership, including ngos, industry and government and that addresses environmental impacts including on soil, biodiversity, organic carbon stocks and conservation of natural resources. assessment and verification: the applicant shall provide evidence through third-party certificates and chain of custody that palm oil and palm kernel oil used in the manufacturing of the ingoing substances originates from sustainably managed plantations. certificates accepted shall include roundtable for sustainable palm oil (rspo) (by identity preserved, segregated or mass balance) or any equivalent or stricter sustainable production scheme. for chemical derivatives of palm oil and for palm kernel oil, it shall be acceptable to demonstrate sustainability through book and claim systems such as greenpalm certificates or equivalent by providing the annual communications of progress (acop) declared amounts of procured and redeemed greenpalm certificates during the most recent annual trading period. criterion 4 excluded and restricted substances (a) specified excluded and restricted substances (i) excluded substances the substances indicated below shall not be included in the product formulation regardless of concentration: alkyl phenol ethoxylates (apeos) and other alkyl phenol derivatives, atranol, chloroatranol, diethylenetriaminepentaacetic acid (dtpa), ethylenediaminetetraacetic acid (edta) and its salts, formaldehyde and its releasers (e.g. 2-bromo-2-nitropropane-1,3-diol, 5-bromo-5-nitro-1,3-dioxane, sodium hydroxyl methyl glycinate, diazolidinylurea) with the exception of impurities of formaldehyde in surfactants based on polyalkoxy chemistry up to a concentration of 0,010 % weight by weight in the ingoing substance, glutaraldehyde, hydroxyisohexyl 3-cyclohexene carboxaldehyde (hicc), microplastics, nanosilver, nitromusks and polycyclic musks, per-fluorinated alkylates; rhodamine b, quaternary ammonium salts not readily biodegradable, reactive chlorine compounds, triclosan, 3-iodo-2-propynyl butylcarbamate. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the listed substances have not been included in the product formulation regardless of concentration. (ii) restricted substances the substances listed below shall not be included in the product formulation above the concentrations indicated: 2-methyl-2h-isothiazol-3-one: 0,0050 % weight by weight, 1,2-benzisothiazol-3(2h)-one: 0,0050 % weight by weight, 5-chloro-2-methyl-4-isothiazolin-3-one/2-methyl-4-isothiazolin-3-one: 0,0015 % weight by weight. the total phosphorus (p) content calculated as elemental p shall be limited to: 0,50 g/kg of laundry for light soil, 1,00 g/kg of laundry for medium soil, 1,50 g/kg of laundry for heavy soil. fragrance substances subject to the declaration requirement provided in regulation (ec) no 648/2004 shall not be present in quantities 0,010 % weight by weight per substance. assessment and verification: the applicant shall provide the following documents: (a) if isothiazolinones are used, a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the content of isothiazolinones used is equal to or lower than the limits set; (b) a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the total amount of elemental p is equal to or lower than the limits set. the declaration shall be supported by the calculations of the product's total p-content; (c) a signed declaration of compliance supported by declarations or documentation from suppliers, if appropriate, confirming that the fragrance substances subject to the declaration requirement provided for in regulation (ec) no 648/2004 are not present above the limits set. (b) hazardous substances (i) final product the final product shall not be classified and labelled as being acutely toxic, a specific target organ toxicant, a respiratory or skin sensitiser, carcinogenic, mutagenic or toxic for reproduction, or hazardous to the aquatic environment, as defined in annex i to regulation (ec) no 1272/2008 and in accordance with the list in table 2, with the exception listed below: products containing peracetic acid and hydrogen peroxide used as bleaching agent may be classified and labelled as hazardous to the aquatic environment [chronic category 1 (h410), chronic category 2 (h411) or chronic category 3 (h412)], if the classification and labelling are triggered by the presence of these substances. (ii) ingoing substances the product shall not contain ingoing substances at a concentration limit at or above 0,010 % weight by weight in the final product that meet the criteria for classification as toxic, hazardous to the aquatic environment, respiratory or skin sensitisers, carcinogenic, mutagenic or toxic for reproduction in accordance with annex i to regulation (ec) no 1272/2008 and in accordance with the list in table 2. where stricter, the generic or specific concentration limits determined in accordance with article 10 of regulation (ec) no 1272/2008 shall take precedence. table 2 restricted hazard classifications and their categorisation acute toxicity categories 1 and 2 category 3 h300 fatal if swallowed h301 toxic if swallowed h310 fatal in contact with skin h311 toxic in contact with skin h330 fatal if inhaled h331 toxic if inhaled h304 may be fatal if swallowed and enters airways euh070 toxic by eye contact specific target organ toxicity category 1 category 2 h370 causes damage to organs h371 may cause damage to organs h372 causes damage to organs through prolonged or repeated exposure h373 may cause damage to organs through prolonged or repeated exposure respiratory and skin sensitisation category 1a/1 category 1b h317 may cause allergic skin reaction h317 may cause allergic skin reaction h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled carcinogenic, mutagenic or toxic for reproduction categories 1a and 1b category 2 h340 may cause genetic defects h341 suspected of causing genetic defects h350 may cause cancer h351 suspected of causing cancer h350i may cause cancer by inhalation h360f may damage fertility h361f suspected of damaging fertility h360d may damage the unborn child h361d suspected of damaging the unborn child h360fd may damage fertility. may damage the unborn child h361fd suspected of damaging fertility. suspected of damaging the unborn child h360fd may damage fertility. suspected of damaging the unborn child h362 may cause harm to breast fed children h360df may damage the unborn child. suspected of damaging fertility hazardous to the aquatic environment categories 1 and 2 categories 3 and 4 h400 very toxic to aquatic life h412 harmful to aquatic life with long-lasting effects h410 very toxic to aquatic life with long-lasting effects h413 may cause long-lasting effects to aquatic life h411 toxic to aquatic life with long-lasting effects hazardous to the ozone layer h420 hazardous to the ozone layer this criterion does not apply to ingoing substances covered by article 2(7)(a) and (b) of regulation (ec) no 1907/2006 which set out criteria for exempting substances within annexes iv and v to that regulation from the registration, downstream user and evaluation requirements. in order to determine whether that exclusion applies, the applicant shall screen any ingoing substance present at a concentration above 0,010 % weight by weight. substances and mixtures included in table 3 are exempted from point (b)(ii) of criterion 4. table 3 derogated substances substance hazard statement surfactants h400 very toxic to aquatic life h412 harmful to aquatic life with long-lasting effects subtilisin h400 very toxic to aquatic life h411 toxic to aquatic life with long-lasting effects enzymes (*2) h317 may cause allergic skin reaction h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled -phthalimido-peroxy-hexanoic acid (pap) used as bleaching agent at max concentration of 0,6 g/kg of laundry h400 very toxic to aquatic life h412 harmful to aquatic life with long-lasting effects peracetic acid/hydrogen peroxide used as bleaching agent h400 very toxic to aquatic life h410 very toxic to aquatic life with long-lasting effects h412 harmful to aquatic life with long-lasting effects nta as an impurity in mgda and glda (*3) h351: suspected of causing cancer assessment and verification: the applicant shall demonstrate compliance with this criterion for the final product and for any ingoing substance present at a concentration greater than 0,010 % weight by weight in the final product. the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, or sds confirming that none of these substances meets the criteria for classification with one or more of the hazard statements listed in table 2 in the form(s) and physical state(s) in which they are present in the product. for substances listed in annexes iv and v to regulation (ec) no 1907/2006, which are exempted from registration obligations under points (a) and (b) of article 2(7) of that regulation, a declaration to this effect by the applicant shall suffice to comply. the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, or sds confirming the presence of ingoing substances that fulfil the derogation conditions. (c) substances of very high concern (svhcs) the final product shall not contain any ingoing substances that have been identified in accordance with the procedure described in article 59(1) of regulation (ec) no 1907/2006, which establishes the candidate list for substances of very high concern. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from their suppliers, if appropriate, or sds confirming the non-presence of all the candidate list substances. reference to the latest list of substances of very high concern shall be made on the date of application. (d) fragrances any ingoing substance added to the product as a fragrance shall be manufactured and handled following the code of practice of the international fragrance association (ifra) available at http://www.ifraorg.org (5). the recommendations of the ifra standards concerning prohibition, restricted use and specified purity criteria for substances shall be followed by the manufacturer. assessment and verification: the supplier or fragrance manufacturer, as appropriate, shall provide a signed declaration of compliance. (e) preservatives (i) the product may only include preservatives in order to preserve the product, and in the appropriate dosage for this purpose alone. this does not refer to surfactants which may also have biocidal properties. (ii) the product may contain preservatives provided that they are not bio-accumulating. a preservative is considered to be not bio-accumulating if the bcf is < 100 or log kow is < 3,0. if both the bcf and log kow values are available, the highest measured bcf value shall be used. (iii) it is prohibited to claim or suggest on the packaging or by any other communication that the product has an antimicrobial or disinfecting effect. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any preservative added and information on its bcf or log kow values. the applicant shall also provide artwork of the packaging. (f) colouring agents colouring agents in the product shall not be bio-accumulating. a colouring agent is considered not bio-accumulating if the bcf is < 100 or log kow is < 3,0. if both the bcf and log kow values are available, the highest measured bcf value shall be used. in the case of colouring agents approved for use in food, it is not necessary to submit documentation of bio-accumulation potential. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any colouring agent added and information on its bcf or log kow value, or documentation to ensure that the colouring agent is approved for use in food. (g) enzymes only enzyme encapsulated (in solid form) and enzyme liquids/slurries shall be used. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any enzyme added. criterion 5 packaging (a) packaging take-back systems if the product is delivered in packaging that is part of a take-back system, that product is exempted from the requirements set out in points (b) and (c) of criterion 5 assessment and verification: the applicant shall provide a signed declaration of compliance along with relevant documentation describing or demonstrating that a take-back system has been put in place for the packaging. (b) weight/utility ratio (wur) the weight/utility ratio (wur) of the product shall be calculated for the primary packaging only and shall not exceed the following values for the reference dosage. water hardness product type soft < 1,5 mmol caco3/l (g/kg of laundry) medium 1,5-2,5 mmol caco3/l (g/kg of laundry) hard > 2,5 mmol caco3/l (g/kg of laundry) powders 1,5 2,0 2,5 liquids 2,0 2,5 3,0 primary packaging made of more than 80 % of recycled materials is exempted from this requirement. assessment and verification: the applicant shall provide the calculation of the wur of the product. if the product is sold in different packaging (i.e. with different volumes), the calculation shall be submitted for each packaging size for which the eu ecolabel shall be awarded. the wur is calculated as follows: wur = ((wi + ui )/(di * ri )) where: wi : weight (g) of the primary packaging (i); ui : weight (g) of non-post-consumer recycled packaging in the primary packaging (i). ui = wi unless the applicant can document otherwise; di : number of reference doses contained in the primary packaging (i); ri : refill index. ri = 1 (packaging is not reused for the same purpose) or ri = 2 (if the applicant can document that the packaging component can be reused for the same purpose and they sell refills). the applicant shall provide a signed declaration of compliance confirming the content of post-consumer recycled material, along with relevant documentation. packaging is regarded as post-consumer recycled if the raw material used to make the packaging has been collected from packaging manufacturers at the distribution stage or at the consumer stage. (c) design for recycling plastic packaging shall be designed to facilitate effective recycling by avoiding potential contaminants and incompatible materials that are known to impede separation or reprocessing or to reduce the quality of recyclate. the label or sleeve, closure and, where applicable, barrier coatings shall not comprise, either singularly or in combination the materials and components listed in table 4. pump mechanisms (including in sprays) are exempted from this requirement. table 4 materials and components excluded from packaging elements packaging element excluded materials and components (*4) label or sleeve ps label or sleeve in combination with a pet, pp or hdpe bottle pvc label or sleeve in combination with a pet, pp or hdpe bottle petg label or sleeve in combination with a pet bottle any other plastic materials for sleeves/labels with a density > 1 g/cm3 used with a pet bottle any other plastic materials for sleeves/labels with a density < 1 g/cm3 used with a pp or hdpe bottle labels or sleeves that are metallised or are welded to a packaging body (in mould labelling) closure ps closure in combination a with a pet, hdpe or pp bottle pvc closure in combination with a pet, pp or hdpe bottle petg closures or closure material with a density > 1 g/cm3 in combination with a pet bottle closures made of metal, glass, eva which are not easily separable from the bottle closures made of silicone. silicone closures with a density < 1 g/cm3 in combination with a pet bottle and silicone closures with a density > 1 g/cm3 in combination with pehd or pp bottle are exempted. metallic foils or seals which remain fixed to the bottle or its closure after the product has been opened barrier coatings polyamide, functional polyolefins, metallised and light blocking barriers assessment and verification: the applicant shall provide a signed declaration of compliance specifying the material composition of the packaging including the container, label or sleeve, adhesives, closure and barrier coating, as appropriate, along with photos or technical drawings of the primary packaging. criterion 6 fitness for use the product shall have a satisfactory wash performance at the lowest temperature and dosage recommended by the manufacturer for the water hardness in accordance with the framework for performance testing for industrial and institutional laundry detergents available on the eu ecolabel website (6). assessment and verification: the applicant shall provide documentation demonstrating that the product has been tested under the conditions specified in the framework and that the results showed that the product achieved at least the minimum wash performance required. the applicant shall also provide documentation demonstrating compliance with the laboratory requirements included in the relevant harmonised standards for testing and calibration laboratories, if appropriate. an equivalent test performance may be used if equivalence has been assessed and accepted by the competent body. criterion 7 automatic dosing systems for multi-component systems, the applicant shall ensure that the product is used with an automatic and controlled dosing system. in order to ensure correct dosage in the automatic dosing systems, customer visits shall be performed at all premises using the product, at least once a year during the license period, and they shall include calibration of the dosing equipment. a third party can perform these customer visits. assessment and verification: the applicant shall provide a signed declaration of compliance along with a description of the content of customer visits, who is responsible for them and their frequency. criterion 8 user information the product shall be accompanied by instructions for proper use so as to maximise product performance and minimise waste, and reduce water pollution and use of resources. these instructions shall be legible or include graphical representation or icons and include information on the following: (a) dosing instructions dosage instructions shall include the dose in g or ml and/or a second or alternative metric (e.g. caps, spray actuations) and the impact of the water hardness on the dose. this requirement does not apply for multi-component products to be dosed with an automatic dosing system indications of the most prevalent water hardness in the area where the product is intended to be marketed or where this information can be found shall be provided. (b) packaging disposal information the primary packaging shall include information on the reuse, recycling and correct disposal of packaging. (c) environmental information a text shall appear on the primary packaging indicating the importance of using the correct dosage and the lowest recommended temperature in order to minimise energy and water consumption and reduce water pollution. if the final product contains peracetic acid and hydrogen peroxide as a bleaching agent and is classified and labelled, a text shall appear on the primary packaging or technical product sheet stating that the classification and labelling is due to peracetic acid and hydrogen peroxide which degrade into non-classified substances during the washing process. assessment and verification: the applicant shall provide a signed declaration of compliance along with a sample of the product label. criterion 9 information appearing on the eu ecolabel the logo should be visible and legible. the eu ecolabel registration/licence number shall appear on the product and it shall be legible and clearly visible. the applicant may choose to include an optional text box on the label that contains the following text: limited impact on the aquatic environment (not to be included if the product contains peracetic acid and hydrogen peroxide which triggers final product classification and labelling); restricted amount of hazardous substances; tested for wash performance. assessment and verification: the applicant shall provide a signed declaration of compliance along with a sample of the product label or artwork of the packaging where the eu ecolabel is placed. (1) regulation (ec) no 765/2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation (eec) no 339/93 (oj l 218, 13.8.2008, p. 30). (2) regulation (ec) no 1907/2006 of the european parliament and of the council of 18 december 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (reach), establishing a european chemicals agency, amending directive 1999/45/ec and repealing council regulation (eec) no 793/93 and commission regulation (ec) no 1488/94 as well as council directive 76/769/eec and commission directives 91/155/eec, 93/67/eec, 93/105/ec and 2000/21/ec (oj l 396, 30.12.2006, p. 1). (*1) no limit means: regardless of the concentration, all substances intentionally added, by-products and impurities from raw materials (analytical limit of detection). n/a not applicable. (3) regulation (ec) no 1272/2008 of the european parliament and of the council of 16 december 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/eec and 1999/45/ec, and amending regulation (ec) no 1907/2006 (oj l 353, 31.12.2008, p. 1). (4) a substance is considered to be not bio-accumulating if the bcf is < 100 or log kow is < 3,0. if both the bcf and log kow values are available, the highest measured bcf value shall be used. (*2) including stabilisers and other auxiliary substances in the preparations. (*3) in concentrations lower than 0,2 % in the raw material as long as the total concentration in the final product is lower than 0,10 %. (5) available at the ifra website: http://www.ifraorg.org (*4) eva ethylene vinyl acetate, hdpe high-density polyethylene, pet polyethylene terephtalate, petg polyethylene terephthalate glycol-modified, pp polypropylene, ps polystyrene, pvc polyvinylchloride. (6) available at: [url for protocol on eu ecolabel website will be inserted later currently all proposed protocol documents can be found in the technical report]

name: commission decision (eu) 2017/1218 of 23 june 2017 establishing the eu ecolabel criteria for laundry detergents (notified under document c(2017) 4243) (text with eea relevance. ) type: decision subject matter: consumption; environmental policy; marketing; technology and technical regulations; chemistry date published: 2017-07-12 12.7.2017 en official journal of the european union l 180/63 commission decision (eu) 2017/1218 of 23 june 2017 establishing the eu ecolabel criteria for laundry detergents (notified under document c(2017) 4243) (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 66/2010 of the european parliament and of the council of 25 november 2009 on the eu ecolabel (1), and in particular article 8(2) thereof, after consulting the european union eco-labelling board, whereas: (1) under regulation (ec) no 66/2010, the eu ecolabel may be awarded to those products with a reduced environmental impact during their entire life cycle. (2) regulation (ec) no 66/2010 provides that specific eu ecolabel criteria are to be established for each product group. (3) commission decision 2011/264/eu (2) has established the ecological criteria and the related assessment and verification requirements for laundry detergents, which are valid until 31 december 2016. (4) in order to take into account the recent market developments and the innovation that has taken place during the intervening period, it is considered appropriate to establish a revised set of ecological criteria for that product group. (5) the revised criteria, as well as the related assessment and verification requirements, should be valid for 6 years from the date of notification of this decision, taking into account the innovation cycle for that product group. those criteria aim at promoting products that have a reduced impact on aquatic ecosystems, contain a limited amount of hazardous substances, are effective at low temperatures, and minimise waste production by reducing packaging. (6) for reasons of legal certainty, decision 2011/264/eu should be repealed. (7) a transitional period should be allowed for producers whose products have been awarded the eu ecolabel for laundry detergents on the basis of the criteria set out in decision 2011/264/eu, so that they have sufficient time to adapt their products to comply with the revised criteria and requirements. (8) the measures provided for in this decision are in accordance with the opinion of the committee established by article 16 of regulation (ec) no 66/2010, has adopted this decision: article 1 the product group laundry detergents shall comprise any laundry detergent or pretreatment stain remover falling under the scope of regulation (ec) no 648/2004 of the european parliament and of the council (3) which is effective at 30 c or below and is marketed and designed to be used for the washing of textiles principally in household machines, but not excluding its use in public laundrettes and common laundries. pre-treatment stain removers include stain removers used for direct spot treatment of textiles before washing in the washing machine but do not include stain removers dosed in the washing machine and stain removers dedicated to other uses besides pre-treatment. this product group shall not comprise fabric softeners, products that are dosed by carriers such as sheets, cloths or other materials or washing auxiliaries used without subsequent washing such as stain removers for carpets and furniture upholstery. article 2 1. for the purpose of this decision, the following definitions shall apply: (1) ingoing substances means substances intentionally added, by-products and impurities from raw materials in the final product formulation (including water-soluble foil, if used); (2) heavy-duty detergents means detergents used for ordinary washing of white textiles at any temperature; (3) colour-safe detergents means detergents used for ordinary washing of coloured textiles at any temperature; (4) light-duty detergents means detergents intended for delicate fabrics; (5) primary packaging means: (a) for single doses in a wrapper that is intended to be removed before use, the individual dose wrapping and the packaging conceived so as to constitute the smallest sales unit of distribution to the final user or consumer at the point of purchase, including label where applicable; (b) for all other types of products, packaging conceived so as to constitute the smallest sales unit of distribution to the final user or consumer at the point of purchase, including label where applicable; (6) microplastic means particles with a size of below 5 mm of insoluble macromolecular plastic, obtained through one of the following processes: (a) a polymerisation process such as polyaddition or polycondensation or a similar process using monomers or other starting substances; (b) chemical modification of natural or synthetic macromolecules; (c) microbial fermentation; (7) nanomaterial means a natural, incidental or manufactured material containing particles, in an unbound state or as an aggregate or as an agglomerate and where, for 50 % or more of the particles in the number size distribution, one or more external dimensions is in the size range 1-100 nm (4). 2. for the purposes of paragraph 1(2) and (3), a detergent shall be considered either a heavy-duty detergent or a colour-safe detergent except where the detergent packaging explicitly states that the product is intended for use on delicate fabrics (i.e. light-duty detergent). article 3 in order to be awarded the eu ecolabel under regulation (ec) no 66/2010, a laundry detergent or pre-treatment stain remover shall fall within the product group laundry detergents, as defined in article 1 of this decision and shall comply with the criteria as well as the related assessment and verification requirements set out in the annex. article 4 the criteria for the product group laundry detergents and the related assessment and verification requirements shall be valid for 6 years from the date of notification of this decision. article 5 for administrative purposes the code number assigned to the product group laundry detergents shall be 006. article 6 decision 2011/264/eu is repealed. article 7 1. by derogation from article 6, applications for the eu ecolabel for products falling within the product group laundry detergents submitted before the date of notification of this decision shall be evaluated in accordance with the conditions laid down in decision 2011/264/eu. 2. applications for the eu ecolabel for products falling within the product group laundry detergents submitted within 2 months from the date of notification of this decision may be based either on the criteria set out in decision 2011/264/eu or on the criteria set out in this decision. those applications shall be evaluated in accordance with the criteria on which they are based. 3. eu ecolabel licenses awarded in accordance with the criteria set out in decision 2011/264/eu may be used for 12 months from the date of notification of this decision. article 8 this decision is addressed to the member states. done at brussels, 23 june 2017. for the commission karmenu vella member of the commission (1) oj l 27, 30.1.2010, p. 1. (2) commission decision 2011/264/eu of 28 april 2011 on establishing the ecological criteria for the award of the eu ecolabel for laundry detergents (oj l 111, 30.4.2011, p. 34). (3) regulation (ec) no 648/2004 of the european parliament and of the council of 31 march 2004 on detergents (oj l 104, 8.4.2004, p. 1). (4) commission recommendation 2011/696/eu of 18 october 2011 on the definition of nanomaterial (oj l 275, 20.10.2011, p. 38). annex framework eu ecolabel criteria criteria for awarding the eu ecolabel to laundry detergents criteria 1. dosage requirements 2. toxicity to aquatic organisms 3. biodegradability 4. sustainable sourcing of palm oil, palm kernel oil and their derivatives 5. excluded and restricted substances 6. packaging 7. fitness for use 8. user information 9. information appearing on the eu ecolabel assessment and verification (a) requirements the specific assessment and verification requirements are indicated within each criterion. where the applicant is required to provide to the competent bodies with declarations, documentation, analyses, test reports, or other evidence to show compliance with the criteria, these may originate from the applicant and/or their supplier(s), as appropriate. competent bodies shall preferentially recognise attestations which are issued by bodies accredited in accordance with the relevant harmonised standard for testing and calibration laboratories and verifications by bodies that are accredited in accordance with the relevant harmonised standard for bodies certifying products, processes and services. accreditation shall be carried out in accordance with regulation (ec) no 765/2008 of the european parliament and of the council (1). where appropriate, test methods other than those indicated for each criterion may be used if the competent body assessing the application accepts their equivalence. where appropriate, competent bodies may require supporting documentation and may carry out independent verifications or site visits. as a prerequisite, the product shall meet all applicable legal requirements of the country or countries in which the product is intended to be placed on the market. the applicant shall declare the product's compliance with this requirement. the detergent ingredient database list (did list), available on the eu ecolabel website, contains the most widely used ingoing substances in detergents and cosmetics formulations. it shall be used for deriving the data for the calculations of the critical dilution volume (cdv) and for the assessment of the biodegradability of the ingoing substances. for substances not present on the did list, guidance is given on how to calculate or extrapolate the relevant data. the list of all ingoing substances shall be provided to the competent body, indicating the trade name (if existing), the chemical name, the cas no., the did no., the ingoing quantity, the function and the form present in the final product formulation (including water-soluble foil, if used). preservatives, fragrances and colouring agents shall be indicated regardless of concentration. other ingoing substances shall be indicated at or above the concentration of 0,010 % weight by weight. all ingoing substances present in the form of nanomaterials shall be clearly indicated in the list with the word nano written in brackets. for each ingoing substance listed, the safety data sheets (sds) in accordance with regulation (ec) no 1907/2006 of the european parliament and of the council (2) shall be provided. where an sds is not available for a single substance because it is part of a mixture, the applicant shall provide the sds of the mixture. (b) measurement thresholds compliance with the ecological criteria is required for all ingoing substances as specified in table 1. table 1 threshold levels applicable to ingoing substances by criterion for laundry detergents (% weight by weight) criterion name surfactants preservatives colouring agents fragrances other (e.g. enzymes) toxicity to aquatic organisms 0,010 no limit (*1) no limit (*1) no limit (*1) 0,010 biodegradability surfactants 0,010 n/a n/a n/a n/a organics 0,010 no limit (*1) no limit (*1) no limit (*1) 0,010 sustainable sourcing of palm oil 0,010 n/a n/a n/a 0,010 excluded or limited substances specified excluded and limited subst. no limit (*1) no limit (*1) no limit (*1) no limit (*1) no limit (*1) hazardous subst. 0,010 0,010 0,010 0,010 0,010 svhcs no limit (*1) no limit (*1) no limit (*1) no limit (*1) no limit (*1) fragrances n/a n/a n/a no limit (*1) n/a preservatives n/a no limit (*1) n/a n/a n/a colouring agents n/a n/a no limit (*1) n/a n/a enzymes n/a n/a n/a n/a no limit (*1) reference dosage the following dosage shall be taken as the reference dosage for the calculations aiming at documenting compliance with the eu ecolabel criteria and for testing of washing ability: heavy-duty detergent, colour-safe detergent dosage recommended by the manufacturer for one kilogram of normally soiled dry laundry (indicated in g/kg of laundry or ml/kg of laundry) calculated on the basis of the dosage recommended for a load of 4,5 kg at a water hardness of 2,5 mmol caco3/l. light-duty detergent dosage recommended by the manufacturer for one kilogram of normally soiled delicate laundry (indicated in g/kg of laundry or ml/kg of laundry) calculated on the basis of the dosage recommended for a load of 2,5 kg at a water hardness of 2,5 mmol caco3/l. stain remover (pre-treatment only) dosage recommended by the manufacturer for one kilogram of dry laundry (indicated in g/kg of laundry or ml/kg of laundry) calculated on the basis of 6 applications for a load of 4,5 kg. assessment and verification: the applicant shall provide the product label or user instruction sheet that includes the dosing instructions. criterion 1 dosage requirements the reference dosage shall not exceed the following amounts. product type dosage (g/kg of laundry) heavy-duty detergent, colour-safe detergent 16,0 light-duty detergent 16,0 stain remover (pre-treatment only) 2,7 assessment and verification: the applicant shall provide the product label that includes the dosing instructions and documentation showing the density (g/ml) of liquid and gel products. criterion 2 toxicity to aquatic organisms the critical dilution volume (cdvchronic) of the product shall not exceed the following limits for the reference dosage. product type limit cdv (l/kg of laundry) heavy-duty detergent, colour-safe detergent 31 500 light-duty detergent 20 000 stain remover (pre-treatment only) 3 500 assessment and verification: the applicant shall provide the calculation of the cdvchronic of the product. a spreadsheet for calculating the cdvchronic value is available on the eu ecolabel website. the cdvchronic is calculated for all ingoing substances (i) in the product using the following equation: where: dosage(i) : weight (g) of the substance (i) in the reference dose; df(i) : degradation factor for the substance (i); tfchronic(i) : chronic toxicity factor for the substance (i). the values of df(i) and tfchronic(i) shall be as given in the most updated part a of the did list. if an ingoing substance is not included in part a, the applicant shall estimate the values following the approach described in part b of that list and attaching the associated documentation. criterion 3 biodegradability (a) biodegradability of surfactants all surfactants shall be readily degradable (aerobically). all surfactants classified as hazardous to the aquatic environment: acute category 1 (h400) chronic category 3 (h412), in accordance with regulation (ec) no 1272/2008 of the european parliament and of the council (3), shall be in addition anaerobically biodegradable. (b) biodegradability of organic compounds the content of organic substances in the product that are aerobically non-biodegradable (not readily biodegradable, anbo) or anaerobically non-biodegradable (annbo) shall not exceed the following limits for the reference dosage: anbo product type anbo (g/kg of laundry) powder/tablets anbo (g/kg of laundry) liquid, capsules, gel heavy-duty laundry detergent, colour-safe detergent 1,00 0,45 light-duty detergent 0,55 0,30 stain remover (pre-treatment only) 0,10 0,10 annbo product type annbo (g/kg of laundry) powder/tablets annbo (g/kg of laundry) liquid, capsules, gel heavy-duty laundry detergent, colour-safe detergent 1,10 0,55 light-duty detergent 0,55 0,30 stain remover (pre-treatment only) 0,10 0,10 assessment and verification: the applicant shall provide documentation for the degradability of surfactants, as well as the calculation of anbo and annbo for the product. a spreadsheet for calculating anbo and annbo values is available on the eu ecolabel website. for both the degradability of surfactants and the anbo and annbo values for organic compounds, reference shall be made to the most updated did list. for ingoing substances that are not included in part a of the did list, the relevant information from literature or other sources, or appropriate test results, showing that they are aerobically and anaerobically biodegradable shall be provided, as described in the part b of that list. in the absence of documentation for degradability described above, an ingoing substance other than a surfactant may be exempted from the requirement for anaerobic degradability if one of the following three alternatives is fulfilled: (1) it is readily degradable and has low adsorption (a < 25 %); (2) it is readily degradable and has high desorption (d > 75 %); (3) it is readily degradable and non-bioaccumulating (4). testing for adsorption/desorption shall be conducted in accordance with oecd guideline 106. criterion 4 sustainable sourcing of palm oil, palm kernel oil and their derivatives ingoing substances used in the products which are derived from palm oil or palm kernel oil shall be sourced from plantations that meet the requirements of a certification scheme for sustainable production that is based on multi-stakeholder organisations that has a broad membership, including ngos, industry and government and that addresses environmental impacts including on soil, biodiversity, organic carbon stocks and conservation of natural resources. assessment and verification: the applicant shall provide evidence through third-party certificates and chain of custody that palm oil and palm kernel oil used in the manufacturing of the ingoing substances originates from sustainably managed plantations. certificates accepted shall include roundtable for sustainable palm oil (rspo) (by identity preserved, segregated or mass balance) or any equivalent or stricter sustainable production scheme. for chemical derivatives of palm oil and for palm kernel oil, it shall be acceptable to demonstrate sustainability through book and claim systems such as greenpalm certificates or equivalent by providing the annual communications of progress (acop) declared amounts of procured and redeemed greenpalm certificates during the most recent annual trading period. criterion 5 excluded and restricted substances (a) specified excluded and restricted substances (i) excluded substances the substances indicated below shall not be included in the product formulation regardless of concentration: alkyl phenol ethoxylates (apeos) and other alkyl phenol derivatives, atranol, chloroatranol, diethylenetriaminepentaacetic acid (dtpa), ethylenediaminetetraacetic acid (edta) and its salts, formaldehyde and its releasers (e.g. 2-bromo-2-nitropropane-1,3-diol, 5-bromo-5-nitro-1,3-dioxane, sodium hydroxyl methyl glycinate, diazolidinylurea) with the exception of impurities of formaldehyde in surfactants based on polyalkoxy chemistry up to a concentration of 0,010 % weight by weight in the ingoing substance, glutaraldehyde, hydroxyisohexyl 3-cyclohexene carboxaldehyde (hicc), microplastics, nanosilver, nitromusks and polycyclic musks, phosphates, per-fluorinated alkylates, quaternary ammonium salts not readily biodegradable, reactive chlorine compounds, rhodamine b, triclosan, 3-iodo-2-propynyl butylcarbamate. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the listed substances have not been included in the product formulation regardless of concentration. (ii) restricted substances the substances listed below shall not be included in the product formulation above the concentrations indicated: 2-methyl-2h-isothiazol-3-one: 0,0050 % weight by weight, 1,2-benzisothiazol-3(2h)-one: 0,0050 % weight by weight, 5-chloro-2-methyl-4-isothiazolin-3-one/2-methyl-4-isothiazolin-3-one: 0,0015 % weight by weight. the total phosphorus (p) content calculated as elemental p shall be limited to: 0,04 g/kg of laundry for laundry detergents, 0,005 g/kg of laundry for stain removers. fragrance substances subject to the declaration requirement provided in regulation (ec) no 648/2004 shall not be present in quantities 0,010 % weight by weight per substance. assessment and verification: the applicant shall provide the following documents: (a) if isothiazolinones are used, a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the content of isothiazolinones used is equal to or lower than the limits set; (b) a signed declaration of compliance supported by declarations from suppliers, if appropriate, confirming that the total amount of elemental p is equal to or lower than the limits set. the declaration shall be supported by the calculations of the product's total p-content; (c) a signed declaration of compliance supported by declarations or documentation from suppliers, if appropriate, confirming that the fragrance substances subject to the declaration requirement provided for in regulation (ec) no 648/2004 are not present above the limits set. (b) hazardous substances (i) final product the final product shall not be classified and labelled as being acutely toxic, a specific target organ toxicant, a respiratory or skin sensitiser, carcinogenic, mutagenic or toxic for reproduction, or hazardous to the aquatic environment, as defined in annex i to regulation (ec) no 1272/2008 and in accordance with the list in table 2. (ii) ingoing substances the product shall not contain ingoing substances at a concentration limit at or above 0,010 % weight by weight in the final product that meet the criteria for classification as toxic, hazardous to the aquatic environment, respiratory or skin sensitisers, carcinogenic, mutagenic or toxic for reproduction in accordance with annex i to regulation (ec) no 1272/2008 and in accordance with the list in table 2. where stricter, the generic or specific concentration limits determined in accordance with article 10 of regulation (ec) no 1272/2008 shall take precedence. table 2 restricted hazard classifications and their categorisation acute toxicity categories 1 and 2 category 3 h300 fatal if swallowed h301 toxic if swallowed h310 fatal in contact with skin h311 toxic in contact with skin h330 fatal if inhaled h331 toxic if inhaled h304 may be fatal if swallowed and enters airways euh070 toxic by eye contact specific target organ toxicity category 1 category 2 h370 causes damage to organs h371 may cause damage to organs h372 causes damage to organs through prolonged or repeated exposure h373 may cause damage to organs through prolonged or repeated exposure respiratory and skin sensitisation category 1a/1 category 1b h317 may cause allergic skin reaction h317 may cause allergic skin reaction h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled carcinogenic, mutagenic or toxic for reproduction categories 1a and 1b category 2 h340 may cause genetic defects h341 suspected of causing genetic defects h350 may cause cancer h351 suspected of causing cancer h350i may cause cancer by inhalation h360f may damage fertility h361f suspected of damaging fertility h360d may damage the unborn child h361d suspected of damaging the unborn child h360fd may damage fertility. may damage the unborn child h361fd suspected of damaging fertility. suspected of damaging the unborn child h360fd may damage fertility. suspected of damaging the unborn child h362 may cause harm to breast fed children h360df may damage the unborn child. suspected of damaging fertility hazardous to the aquatic environment categories 1 and 2 categories 3 and 4 h400 very toxic to aquatic life h412 harmful to aquatic life with long-lasting effects h410 very toxic to aquatic life with long-lasting effects h413 may cause long-lasting effects to aquatic life h411 toxic to aquatic life with long-lasting effects hazardous to the ozone layer h420 hazardous to the ozone layer this criterion does not apply to ingoing substances covered by article 2(7)(a) and (b) of regulation (ec) no 1907/2006 which set out criteria for exempting substances within annexes iv and v to that regulation from the registration, downstream user and evaluation requirements. in order to determine whether that exclusion applies, the applicant shall screen any ingoing substance present at a concentration above 0,010 % weight by weight. substances and mixtures included in table 3 are exempted from point (b)(ii) of criterion 5. table 3 derogated substances substance hazard statement surfactants h400 very toxic to aquatic life h412 harmful to aquatic life with long-lasting effects subtilisin h400 very toxic to aquatic life h411 toxic to aquatic life with long-lasting effects enzymes (*2) h317 may cause allergic skin reaction h334 may cause allergy or asthma symptoms or breathing difficulties if inhaled -phthalimido-peroxy-hexanoic acid (pap) used as bleaching agent at max concentration of 0,6 g/kg of laundry h400 very toxic to aquatic life h412 harmful to aquatic life with long-lasting effects nta as an impurity in mgda and glda (*3) h351 suspected of causing cancer assessment and verification: the applicant shall demonstrate compliance with this criterion for the final product and for any ingoing substance present at a concentration greater than 0,010 % weight by weight in the final product. the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, or sds confirming that none of these substances meets the criteria for classification with one or more of the hazard statements listed in table 2 in the form(s) and physical state(s) in which they are present in the product. for substances listed in annexes iv and v to regulation (ec) no 1907/2006, which are exempted from registration obligations under points (a) and (b) of article 2(7) of that regulation, a declaration to this effect by the applicant shall suffice to comply. the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, or sds confirming the presence of ingoing substances that fulfil the derogation conditions. (c) substances of very high concern (svhcs) the final product shall not contain any ingoing substances that have been identified in accordance with the procedure described in article 59(1) of regulation (ec) no 1907/2006, which establishes the candidate list for substances of very high concern. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from their suppliers, if appropriate, or sds confirming the non-presence of all the candidate list substances. reference to the latest list of substances of very high concern shall be made on the date of application. (d) fragrances any ingoing substance added to the product as a fragrance shall be manufactured and handled following the code of practice of the international fragrance association (ifra) (5). the recommendations of the ifra standards concerning prohibition, restricted use and specified purity criteria for substances shall be followed by the manufacturer. assessment and verification: the supplier or fragrance manufacturer, as appropriate, shall provide a signed declaration of compliance. (e) preservatives (i) the product may only include preservatives in order to preserve the product, and in the appropriate dosage for this purpose alone. this does not refer to surfactants which may also have biocidal properties. (ii) the product may contain preservatives provided that they are not bio-accumulating. a preservative is considered to be not bio-accumulating if the bcf is < 100 or log kow is < 3,0. if both the bcf and log kow values are available, the highest measured bcf value shall be used. (iii) it is prohibited to claim or suggest on the packaging or by any other communication that the product has an antimicrobial or disinfecting effect. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any preservative added and information on its bcf or log kow values. the applicant shall also provide artwork of the packaging. (f) colouring agents colouring agents in the product shall not be bio-accumulating. a colouring agent is considered not bio-accumulating if the bcf is < 100 or log kow is < 3,0. if both the bcf and log kow values are available, the highest measured bcf value shall be used. in the case of colouring agents approved for use in food, it is not necessary to submit documentation of bio-accumulation potential. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any colouring agent added and information on its bcf or log kow value, or documentation to ensure that the colouring agent is approved for use in food. (g) enzymes only enzyme encapsulated (in solid form) and enzyme liquids/slurries shall be used. assessment and verification: the applicant shall provide a signed declaration of compliance supported by declarations from suppliers, if appropriate, along with the sds of any enzyme added. criterion 6 packaging (a) weight/utility ratio (wur) the weight/utility ratio (wur) of the product shall be calculated for the primary packaging only and shall not exceed the following values for the reference dosage. product type wur (g/kg of laundry) powder laundry detergents laundry detergents in tablets or capsules 1,2 liquid/gel laundry detergents (not in tablets or capsules) 1,4 stain remover (pre-treatment only) 1,2 primary packaging made of more than 80 % of recycled materials is exempted from this requirement. assessment and verification: the applicant shall provide the calculation of the wur of the product. if the product is sold in different packaging (i.e. with different volumes), the calculation shall be submitted for each packaging size for which the eu ecolabel shall be awarded. the wur is calculated as follows: wur = [(wi + ui)/(di * ri)] where: wi : weight (g) of the primary packaging (i); ui : weight (g) of non-post-consumer recycled packaging in the primary packaging (i). ui = wi unless the applicant can prove otherwise; di : number of reference doses contained in the primary packaging (i); ri : refill index. ri = 1 (packaging is not reused for the same purpose) or ri = 2 (if the applicant can document that the packaging component can be reused for the same purpose and they sell refills). the applicant shall provide a signed declaration of compliance confirming the content of post-consumer recycled material, along with relevant documentation. packaging is regarded as post-consumer recycled if the raw material used to make the packaging has been collected from packaging manufacturers at the distribution stage or at the consumer stage. (b) design for recycling plastic packaging shall be designed to facilitate effective recycling by avoiding potential contaminants and incompatible materials that are known to impede separation or reprocessing or to reduce the quality of recyclate. the label or sleeve, closure and, where applicable, barrier coatings shall not comprise, either singularly or in combination the materials and components listed in table 4. pump mechanisms (including in sprays) are exempted from this requirement. table 4 materials and components excluded from packaging elements packaging element excluded materials and components (*4) label or sleeve ps label or sleeve in combination with a pet, pp or hdpe bottle pvc label or sleeve in combination with a pet, pp or hdpe bottle petg label or sleeve in combination with a pet bottle any other plastic materials for sleeves/labels with a density > 1 g/cm3 used with a pet bottle any other plastic materials for sleeves/labels with a density < 1 g/cm3 used with a pp or hdpe bottle labels or sleeves that are metallised or are welded to a packaging body (in mould labelling) closure ps closure in combination a with a pet, hdpe or pp bottle pvc closure in combination with a pet, pp or hdpe bottle petg closures or closure material with a density > 1 g/cm3 in combination with a pet bottle closures made of metal, glass, eva which are not easily separable from the bottle closures made of silicone. silicone closures with a density < 1 g/cm3 in combination with a pet bottle and silicone closures with a density > 1 g/cm3 in combination with pehd or pp bottle are exempted. metallic foils or seals which remain fixed to the bottle or its closure after the product has been opened barrier coatings polyamide, functional polyolefins, metallised and light blocking barriers assessment and verification: the applicant shall provide a signed declaration of compliance specifying the material composition of the packaging including the container, label or sleeve, adhesives, closure and barrier coating, as appropriate, along with photos or technical drawings of the primary packaging. criterion 7 fitness for use the product shall have a satisfactory wash performance at the lowest temperature and dosage recommended by the manufacturer for the water hardness in accordance with eu ecolabel protocol for testing laundry detergents (6) or eu ecolabel protocol for testing stain removers (7), as appropriate, available on the eu ecolabel website. assessment and verification: the applicant shall provide documentation demonstrating that the product has been tested under the conditions specified in the protocol and that the results showed that the product achieved at least the minimum wash performance required. the applicant shall also provide documentation demonstrating compliance with the laboratory requirements included in the relevant harmonised standards for testing and calibration laboratories, if appropriate. an equivalent test performance may be used if equivalence has been assessed and accepted by the competent body. criterion 8 user information the product shall be accompanied by instructions for proper use so as to maximise product performance, minimise waste, and reduce water pollution and use of resources. these instructions shall be legible or include graphical representation or icons and include information on the following: (a) dosing instructions the applicant shall take suitable steps to help consumers respect the recommended dosage, making available the dosing instructions and a convenient dosage system (e.g. caps). dosage instructions shall include information on the recommended dosage for a standard load for at least two levels of soiling and on the impact of the water hardness on the dosing. indications of the most prevalent water hardness in the area where the product is intended to be marketed or where this information can be found shall be provided. (b) packaging disposal information the primary packaging shall include information on the reuse, recycling and correct disposal of packaging. (c) environmental information a text shall appear on the primary packaging indicating the importance of using the correct dosage and the lowest recommended temperature (which shall not be higher than 30 c) and full loads in order to minimise energy and water consumption and reduce water pollution. assessment and verification: the applicant shall provide a signed declaration of compliance along with a sample of the product label. criterion 9 information appearing on the eu ecolabel the logo shall be visible and legible. the eu ecolabel registration/licence number shall appear on the product and it shall be legible and clearly visible. the applicant may choose to include an optional text box on the label that contains the following text: limited impact on the aquatic environment, restricted amount of hazardous substances, tested for wash performance at 30 c (*). (*) if the product was tested at 15 or 20 c in criterion 7, the applicant may change the temperature indicated accordingly. assessment and verification: the applicant shall provide a signed declaration of compliance along with a sample of the product label or artwork of the packaging where the eu ecolabel is placed, together with a signed declaration of compliance. (1) regulation (ec) no 765/2008 of the european parliament and of the council of 9 july 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing regulation (eec) no 339/93 (oj l 218, 13.8.2008, p. 30). (2) regulation (ec) no 1907/2006 of the european parliament and of the council of 18 december 2006 concerning the registration, evaluation, authorisation and restriction of chemicals (reach), establishing a european chemicals agency, amending directive 1999/45/ec and repealing council regulation (eec) no 793/93 and commission regulation (ec) no 1488/94 as well as council directive 76/769/eec and commission directives 91/155/eec, 93/67/eec, 93/105/ec and 2000/21/ec (oj l 396, 30.12.2006, p. 1). (*1) no limit means: regardless of the concentration, all substances intentionally added, by-products and impurities from raw materials. n/a not applicable. (3) regulation (ec) no 1272/2008 of the european parliament and of the council of 16 december 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/eec and 1999/45/ec, and amending regulation (ec) no 1907/2006 (oj l 353, 31.12.2008, p. 1). (4) a substance is considered to be not bio-accumulating if bcf < 100 or log kow < 3,0. if both bcf and log kow values are available, the highest measured bcf value shall be used. (*2) including stabilisers and other auxiliary substances in the preparations. (*3) in concentrations lower than 0,2 % in the raw material as long as the total concentration in the final product is lower than 0,10 %. (5) available at the ifra website: http://www.ifraorg.org (*4) eva ethylene vinyl acetate, hdpe high-density polyethylene, pet polyethylene terephtalate, petg polyethylene terephthalate glycol-modified, pp polypropylene, ps polystyrene, pvc polyvinylchloride (6) available at: http://ec.europa.eu/environment/ecolabel/documents/performance%20test%20laundry%20detergents.pdf (7) available at: http://ec.europa.eu/environment/ecolabel/documents/performance%20test%20stain%20removers.pdf