title: Commission Implementing Regulation (EU) 2017/1394 of 26 July 2017 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
               28.7.2017

               EN

               Official Journal of the European Union

               L 197/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1394
   of 26 July 2017
   amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 183(b) thereof,
   Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (2), and in particular Article 5(6)(a) thereof,
   Whereas:

               (1)

               Commission Regulation (EC) No 1484/95 (3) lays down detailed rules for implementing the system of additional import duties and fixes representative prices in the poultrymeat and egg sectors and for egg albumin.

               (2)

               Regular monitoring of the data used to determine representative prices for poultrymeat and egg products and for egg albumin shows that the representative import prices for certain products should be amended to take account of variations in price according to origin.

               (3)

               Regulation (EC) No 1484/95 should therefore be amended accordingly.

               (4)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EC) No 1484/95 is replaced by the text set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 July 2017.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  OJ L 150, 20.5.2014, p. 1.

      (3)  Commission Regulation (EC) No 1484/95 of 28 June 1995 laying down detailed rules for implementing the system of additional import duties and fixing representative prices in the poultrymeat and egg sectors and for egg albumin, and repealing Regulation No 163/67/EEC (OJ L 145, 29.6.1995, p. 47).

      ANNEX
      ‘
            ANNEX I

                        CN code

                        Description

                        Representative price
                        (EUR/100 kg)

                        Security under Article 3
                        (EUR/100 kg)

                        Origin (1)

                        0207 12 10

                        Fowls of the species Gallus domesticus, not cut in pieces, presented as ‘70 % chickens’, frozen

                        112,5

                        0

                        AR

                        0207 12 90

                        Fowls of the species Gallus domesticus, not cut in pieces, presented as ‘65 % chickens’, frozen

                        125,5

                        0

                        AR

                        145,2

                        0

                        BR

                        0207 14 10

                        Fowls of the species Gallus domesticus, boneless cuts, frozen

                        249,8

                        15

                        AR

                        202,6

                        29

                        BR

                        295,5

                        1

                        CL

                        214,6

                        26

                        TH

                        0207 27 10

                        Turkeys, boneless cuts, frozen

                        306,1

                        0

                        BR

                        346,8

                        0

                        CL

                        0408 91 80

                        Eggs, not in shell, dried

                        354,1

                        0

                        AR

                        1602 32 11

                        Preparations of fowls of the species Gallus domesticus, uncooked

                        203,9

                        25

                        BR

                  ’

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


title: Commission Implementing Regulation (EU) No 972/2011 of 29 September 2011 fixing the representative prices and additional import duties applicable to molasses in the sugar sector from 1 October 2011

text:
               30.9.2011

               EN

               Official Journal of the European Union

               L 254/14

         COMMISSION IMPLEMENTING REGULATION (EU) No 972/2011
   of 29 September 2011
   fixing the representative prices and additional import duties applicable to molasses in the sugar sector from 1 October 2011
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 143, in conjunction with Article 4, thereof
   Whereas:

               (1)

               Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), lays down that the cif import price for molasses is to be considered the representative price. That price is fixed for the standard quality defined in Article 27 of Regulation (EC) No 951/2006.

               (2)

               For the purposes of fixing the representative prices, account must be taken of all the information provided for in Article 29 of Regulation (EC) No 951/2006, except in the cases provided for in Article 30 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 33 of Regulation (EC) No 951/2006.

               (3)

               Prices not relating to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 32 of Regulation (EC) No 951/2006.

               (4)

               Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 39 of Regulation (EC) No 951/2006. Should the import duties be suspended pursuant to Article 40 of Regulation (EC) No 951/2006, specific amounts for these duties should be fixed.

               (5)

               The representative prices and additional import duties for the products concerned should be fixed in accordance with Article 34 of Regulation (EC) No 951/2006.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and the additional duties applying to imports of the products referred to in Article 34 of Regulation (EC) No 951/2006 are fixed in the Annex hereto.
   Article 2
   This Regulation shall enter into force on 1 October 2011.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 29 September 2011.

            For the Commission, On behalf of the President,

         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      ANNEX

         Representative prices and additional import duties applicable to molasses in the sugar sector from 1 October 2011

                  (EUR)

                  CN code

                  Amount of the representative price in 100 kg net of the product in question

                  Amount of the additional duty in 100 kg net of the product in question

                  Duty to be applied to imports as a result of the suspension referred to in Article 40 of Regulation (EC) No 951/2006 per 100 kg net of the product concerned (1)

                  1703 10 00 (2)

                  12,44

                  —

                  0

                  1703 90 00 (2)

                  11,97

                  —

                  0

         (1)  This amount replaces, in accordance with Article 40 of Regulation (EC) No 951/2006, the rate of the Common Customs Tariff duty fixed for these products.

         (2)  For the standard quality as defined in Article 27 of Regulation (EC) No 951/2006.


title: Commission Implementing Regulation (EU) No 409/2013 of 3 May 2013 on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan  Text with EEA relevance

text:
               4.5.2013

               EN

               Official Journal of the European Union

               L 123/1

         COMMISSION IMPLEMENTING REGULATION (EU) No 409/2013
   of 3 May 2013
   on the definition of common projects, the establishment of governance and the identification of incentives supporting the implementation of the European Air Traffic Management Master Plan
   (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 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky (1), and in particular Article 15a thereof,
   Whereas:

               (1)

               The single European sky regulatory framework comprises the measures referred to in Article 3(1) of Regulation (EC) No 549/2004 of the European Parliament and of the Council (2).

               (2)

               The application of single European sky regulatory framework shall be without prejudice to the Member States’ responsibilities in accordance with Article 1(2) of Regulation (EC) No 549/2004.

               (3)

               In its Communication of 22 December 2011 (3), the Commission announced its intention to set out governance and incentive mechanisms for the deployment of SESAR (Single European Sky Air Traffic Management Research and development) based on Article 15a of Regulation (EC) No 550/2004. These mechanisms include common projects, which should assist the successful implementation of the ATM Master Plan; guidance on common projects, which should establish a binding framework on how common projects can support such implementation; and governance mechanisms which should ensure timely, coordinated and synchronised deployment by setting out a clear allocation of responsibilities amongst stakeholders.

               (4)

               Regulation (EC) No 550/2004 aims to help airspace users and air navigation service providers improve collective air navigation infrastructure, the provision of air navigation services and the use of airspace by working together in common projects. The aim is also to speed up the deployment of the Single European Sky Air Traffic Management Research and Development (SESAR) project.

               (5)

               SESAR is the project set up to modernise European air traffic management system. It is the technological pillar of the single European sky initiative.

               (6)

               SESAR is composed of three phases: the definition phase to define the content of the next generation of ATM systems; the development phase to develop and validate the new generation of technological systems, components and operational procedures; and the deployment phase that consists in the industrialisation and implementation of the new air traffic management systems.

               (7)

               The European Air Traffic Management (ATM) Master Plan (hereinafter referred to as the ATM Master Plan), produced during the definition phase of SESAR is the agreed roadmap to bring ATM research and development to the deployment phase.

               (8)

               The ATM Master Plan outlines the essential operational changes that are required to help achieve the Single European Sky (SES) performance objectives. It is a key tool for SESAR deployment and provides the basis for timely, coordinated and synchronised deployment of the new ATM functionalities.

               (9)

               Deployment objectives and priorities should take into account also aspects of Network operations defined in the Network Strategy Plan, which includes the performance targets consistent with the European Union-wide performance targets and the actions planned to meet the targets, and in the Network Operations plan defined in Commission Regulation (EU) No 677/2011 (4).

               (10)

               A timely, coordinated and synchronised deployment of SESAR is essential to achieve the SES performance objectives and the overall economic benefits expected from ATM modernisation.

               (11)

               Common projects provided for in Article 15a of Regulation (EC) No 550/2004 should help boost the performance of the European ATM network (EATMN) and demonstrate overall positive cost-benefit analysis, mindful of any potential negative impacts for specific regions or stakeholders.

               (12)

               In order to ensure that common projects are implemented and monitored in a timely, coordinated and synchronised manner, making optimal use of the instruments and bodies identified in the single European sky regulatory framework, a governance of SESAR deployment should be established.

               (13)

               In order to govern SESAR deployment effectively and ensure credibility of the deployment process, the operational stakeholders accountable for the performance of the ATM system should be involved in deployment governance.

               (14)

               Operational stakeholders investing in SESAR deployment should play a leading role in managing and implementing deployment activities, preferably through a single entity, while avoiding any conflict of interest.

               (15)

               The manufacturing industry should play an advisory role in SESAR deployment to ensure consistency with industrialisation and timely availability of equipment.

               (16)

               The Commission should oversee deployment activities making sure they follow the SES objectives and safeguard the public interest, by establishing appropriate reporting and monitoring mechanisms making the best use of existing instruments such as the European and Local Single Sky ImPlementation (ESSIP Plan and Report and LSSIP documents).

               (17)

               The Commission should keep the Single Sky Committee fully informed on the process for the selection of the deployment manager, for the approval of the deployment programme and for the selection of implementation projects. The Single Sky Committee should be consulted on these issues without prejudice to the rules and procedures laid down in the relevant Union funding programmes.

               (18)

               The European Organisation for Civil Aviation Equipment (Eurocae), which produces technical material and performs preliminary and ancillary work in connection with European standardisation, should assist the Commission in monitoring and facilitating standardisation processes and in promoting the use of European standards.

               (19)

               While the deployment of SESAR projects in relation to the military remains the responsibility of the States concerned, there should be coordination with the military to avoid any adverse impact on defence capabilities.

               (20)

               To encourage early investment from stakeholders and mitigate deployment aspects for which the cost-benefit analysis is less positive, implementation projects that aim to deploy common projects should be eligible for Union funding and other incentives, in accordance with the rules and procedures of Union funding programmes and incentive schemes.

               (21)

               As far as possible, synergies shall be sought between SESAR deployment and Functional Airspace Blocks (FABs).

               (22)

               The measures provided for in this Regulation are in accordance with the opinion of the Single Sky Committee,

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      GENERAL PRINCIPLES

   Article 1
   Subject matter and scope
   1.   This Regulation defines common projects, referred to in Article 15a of Regulation (EC) No 550/2004, explains how they shall be governed and identifies incentives for their deployment.
   2.   This Regulation shall apply to the European Air Traffic Management Network (EATMN).
   Article 2
   Definitions
   For the purpose of this Regulation, the definitions in Article 2 of Regulation (EC) No 549/2004 and in Article 2 of Regulation (EU) No 677/2011 shall apply.
   In addition the following definitions shall apply:

               (1)

               ‘SESAR Joint Undertaking’ means the body, established by Council Regulation (EC) No 219/2007 (5), entrusted with the task of managing and coordinating the development phase of the SESAR project;

               (2)

               ‘charging scheme’ means the scheme established by Commission Regulation (EC) No 1794/2006 (6);

               (3)

               ‘ATM functionality’ means a group of ATM operational functions or services related to trajectory, airspace and surface management or to information sharing within the en-route, terminal, airport or network operating environments;

               (4)

               ‘SESAR deployment’ means the activities and processes relating to the industrialisation and implementation of ATM functionalities identified in the ATM Master Plan;

               (5)

               ‘industrialisation’ of ATM functionalities means the activities and processes, following their validation that include standardisation, certification and production by the manufacturing industry (ground and airborne equipment manufacturers);

               (6)

               ‘implementation’ of ATM functionalities means the procurement, installation and putting into service of equipment and systems, including associated operational procedures, carried out by operational stakeholders;

               (7)

               ‘essential operational change’ means an Air Traffic Management (ATM) operational change that provides significant network performance improvements to the operational stakeholders, as referred to in the ATM Master Plan;

               (8)

               ‘performance scheme’ means a scheme established by Commission Regulation (EU) No 691/2010 (7);

               (9)

               ‘European Union-wide performance targets’ means the targets referred to in Article 9 of Regulation (EU) No 691/2010;

               (10)

               ‘operational stakeholders’ means civil and military: airspace users, air navigation service providers and airport operators.

         Article 3
   ATM Master Plan
   1.   The ATM Master Plan is the roadmap driving the modernisation of the European ATM system and connecting SESAR research and development with deployment. It shall be the key SES instrument for the seamless operation of the EATMN and the timely, coordinated and synchronised SESAR deployment.
   2.   The updates of the ATM Master Plan shall contribute to achieving the European Union-wide performance targets and maintain consistency between these targets, SESAR deployment and SESAR research, development, innovation and validation activities. For this purpose, the ATM Master Plan updates shall take into account the Network Strategy Plan and the Network Operation plan.
   CHAPTER II

      COMMON PROJECTS

   Article 4
   Purpose and content
   1.   Common projects shall aim to deploy in a timely, coordinated and synchronised way ATM functionalities that will achieve the essential operational changes.
   2.   Common projects shall be consistent with and contribute to the European Union-wide performance targets.
   3.   Common projects shall identify the ATM functionalities that:

               (a)

               having reached the appropriate level of industrialisation, are mature for implementation;

               (b)

               require synchronised deployment.

         4.   The maturity of ATM functionalities shall be demonstrated, inter alia, on the basis of the results of validation carried out by the SESAR Joint Undertaking, the status of standardisation and certification processes and an assessment of their interoperability, also in relation to the ICAO Global Air Navigation Plan and relevant ICAO material.
   5.   The need for synchronised deployment of ATM functionalities shall be assessed on the basis of:

               (a)

               a definition of their geographical scope and planning, including deployment target dates;

               (b)

               an identification of the operational stakeholders required to deploy them;

               (c)

               transitional measures for their progressive deployment.

         6.   Common projects shall also:

               (a)

               demonstrate a positive business case for the EATMN, based on an independent cost-benefit analysis, and identify any potential local or regional negative impact for any specific category of operational stakeholders;

               (b)

               identify incentives for deployment, referred to in Section 3 of Chapter III, in particular to mitigate negative impacts on a specific geographical area or category of operational stakeholders;

               (c)

               refer to the implementing rules for interoperability and safety under Regulation (EC) No 552/2004 of the European Parliament and of the Council (8) and Regulation (EC) No 216/2008 of the European Parliament and of the Council (9). In particular, reference shall be made to Community specifications under Regulation (EC) No 552/2004 and to acceptable means of compliance and certification specifications under Regulation (EC) No 216/2008;

               (d)

               identify any need for new implementing rules for interoperability and safety, Community specifications and civil standards to support their deployment and their applicability to the military taking into consideration civil and military systems’ equivalence; and

               (e)

               take account of the relevant deployment elements specified in the Network Strategy Plan and the Network Operations Plan of the Network Manager.

         Article 5
   Setup, adoption and implementation
   1.   The Commission shall set up proposals for common projects in accordance with the requirements of Article 4.
   2.   The Commission shall be assisted by the Network Manager, the European Aviation Safety Agency, the Performance Review Body within their respective roles and competencies as defined in the SES regulatory framework, and by the SESAR Joint undertaking, Eurocontrol, the European standardisation organisations, Eurocae and the deployment manager. These bodies shall involve the operational stakeholders and manufacturing industry.
   3.   The Commission shall consult the stakeholders in accordance with Articles 6 and 10 of Regulation (EC) No 549/2004 including through the European Defence Agency, within its remit to facilitate the coordination of military views, and the consultative group of experts on the social dimension of the single European sky on its proposals for common projects.
   4.   The Commission shall ensure that proposals for common projects are endorsed by the airspace users and the ground operational stakeholders that are required to implement a specific common project. To this end, airspace users shall set up a group made up of representatives of airspace users.
   5.   The Commission shall adopt common projects and any amendments to them in accordance with the procedure referred to in Article 15a(3) of Regulation (EC) No 550/2004.
   6.   Common projects shall be implemented through implementation projects and in accordance with the deployment programme defined in Chapter III, Section 2.
   Article 6
   Monitoring
   1.   The Commission shall monitor the implementation of common projects and their impact on the performance of the EATMN through specific reporting requirements. Those requirements shall be set out by the Commission under the framework partnership referred to in Article 9(5).
   2.   In monitoring the effectiveness of common projects with regard to performance of the EATMN, the Commission shall make best use of existing monitoring and reporting instruments and shall be assisted, in particular, by the Network Manager and the Performance Review Body in accordance with Regulations (EU) No 677/2011 and (EU) No 691/2010 and by the European Aviation Safety Agency regarding the safety aspects.
   3.   The Single Sky Committee shall be informed on the implementation of common projects.
   CHAPTER III

      DEPLOYMENT GOVERNANCE AND INCENTIVES

      SECTION 1

         Deployment Governance

   Article 7
   General principles
   1.   Deployment governance shall ensure the timely, coordinated and synchronised implementation of common projects while interfacing with and facilitating industrialisation.
   2.   Deployment governance shall be composed of three levels: policy level; management level; and implementation level.
   Article 8
   Policy level
   1.   The policy level shall be responsible for overseeing SESAR deployment, ensuring that it is in line with the single European sky regulatory framework and safeguards the public interest.
   2.   The Commission shall be responsible for the policy level, in particular for:

               (a)

               setting up and adopting common projects in accordance with Article 5;

               (b)

               selecting the deployment manager, approving the deployment programme and selecting the implementation projects;

               (c)

               managing the Union funds supporting the deployment manager and the implementation projects;

               (d)

               identifying incentives for SESAR deployment and enforcing the framework partnership agreement concluded with the deployment manager in accordance with Article 9(5) and any relevant agreements for implementation projects;

               (e)

               promoting the participation of the civil and military stakeholders;

               (f)

               developing cooperation and coordination with third countries;

               (g)

               establishing coordination with standardisation and certification organisations and bodies to facilitate industrialisation and promote interoperability of ATM functionalities;

               (h)

               monitoring the deployment of common projects and their contribution to achieving the European Union-wide performance targets;

               (i)

               issuing recommendations to operational stakeholders and Member States.

         3.   The Commission shall be assisted by the Single Sky Committee, the Industry Consultation Body, the consultative group of experts on the social dimension of the single European sky, the National Supervisory Authorities and the Performance Review Body, within their respective roles and competencies as defined in the single European sky regulatory framework. The Commission may consult the Single Sky Committee on any matter concerning the application of this Regulation.
   4.   The Commission shall also involve, within their respective competencies and roles:

               (a)

               Eurocontrol, through cooperative arrangements between Eurocontrol and the Union, to take full advantage of its expertise and its civil-military and pan-European competencies;

               (b)

               the European Defence Agency, to facilitate the coordination of military views from and in support of the Member States and the relevant international military organisations on SESAR deployment and inform military planning mechanisms of the requirements stemming from SESAR deployment;

               (c)

               the European Aviation Safety Agency, to ensure that safety issues are integrated into the implementation of common projects, in particular when developing the required technical rules, such as those relating to the design, production and maintenance of systems and constituents for air traffic management and air navigation services, as well as for the personnel and organisations involved therein;

               (d)

               the SESAR Joint Undertaking, to ensure continuous connection between SESAR research, development, innovation and validation activities and SESAR deployment and to ensure that common projects and the deployment programme are in line with the ATM Master Plan;

               (e)

               The European Standardisation Organisations and Eurocae, the latter in particular to facilitate and monitor industrial standardisation processes and the use of the resulting standards.

         Article 9
   Management level
   1.   The deployment manager shall be responsible for the management level.
   2.   The deployment manager shall, in particular, be responsible for:

               (a)

               developing, proposing, maintaining and implementing the deployment programme, in accordance with Section 2;

               (b)

               associating the operational stakeholders that are required to implement common projects;

               (c)

               establishing mechanisms and decision-making processes that ensure efficient synchronisation and overall coordination of the implementation projects and the related investment in line with the deployment programme;

               (d)

               ensuring effective management of risks and conflict of interest;

               (e)

               advising the Commission on issues related to the implementation of common projects and to the setting up new common projects;

               (f)

               implementing Commission decisions and ensuring and monitoring their implementation by the implementation level;

               (g)

               identifying the most appropriate financing mechanisms combining public and private funding;

               (h)

               monitoring implementation of the deployment programme;

               (i)

               reporting to the Commission;

               (j)

               ensuring appropriate coordination with National Supervisory Authorities.

         3.   The deployment manager shall be composed of groupings of operational stakeholders or individual operational stakeholders, including from third countries, under the conditions defined in the relevant Union funding programmes. Operational stakeholders may participate in the deployment manager through FAB structures.
   4.   The deployment manager shall demonstrate, inter alia, its capacity to:

               (a)

               represent operational stakeholders that are required to implement common projects;

               (b)

               manage multi-national implementation programmes;

               (c)

               understand funding and financing mechanisms and financial programme management; and

               (d)

               use existing structures to involve all operational stakeholders.

         5.   The selection of the members of the deployment manager by the Commission shall take the form of the award of a framework partnership following a call for proposals in accordance with Article 178 of the Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (10) (Rules of Application). The call for proposals shall define the objectives, requirements and the criteria for the selection of the members of the deployment manager in accordance with the Rules of Application. The Single Sky Committee shall be informed on the process of selection of the deployment manager.
   6.   Members of the deployment manager shall carry out at least one implementation project or part of it.
   7.   The deployment manager shall make appropriate cooperative arrangements with the Network Manager, the SESAR Joint Undertaking and the military. The appropriate cooperative arrangements shall be submitted to the Commission for approval. The cooperation shall be as follows:

               (a)

               the deployment manager and the Network Manager shall cooperate to ensure their tasks are fulfilled without any form of duplication or competition, in particular, for the deployment aspects that have an impact on the network infrastructure, airspace organisation and performance as well as coherence with the Network Strategy Plan and the Network Operations Plan; the Network Manager shall also support, within its mandate, the members of the deployment manager in accordance with Articles 4(1)(i) and 4(3)(b) of Regulation (EU) No 677/2011;

               (b)

               the deployment manager shall cooperate with the SESAR Joint Undertaking to ensure the necessary connections between SESAR research, development, innovation and validation activities and SESAR deployment and shall consult with the SESAR Joint Undertaking on the priorities and the progress made during the development phase on issues related to industrialisation and to ensure consistency with the ATM Master Plan;

               (c)

               the deployment manager shall coordinate with the military to avoid any adverse impact on national and collective defence capabilities.

         8.   The deployment manager shall duly take into account the opinion of the entities referred to in paragraph 7 in its decisions that may impact the activities of these entities.
   9.   In the event of disagreement between the deployment manager and the entities referred to in paragraph 7 the deployment manager shall submit the matter to the Commission for a decision. The deployment manager shall comply with the Commission’s decision.
   10.   The deployment manager shall seek assistance from the manufacturing industry, through cooperative arrangements, which shall be communicated to the Commission, to receive, inter alia, information on the industrialisation of products.
   11.   Subject to the availability of funds and under the conditions set out in the relevant Union funding Programme, the Commission shall provide financial support to the deployment manager solely for the execution of its tasks referred to in paragraph 2.
   Article 10
   Implementation level
   1.   The implementation level consists of the implementation projects selected by the Commission to implement common projects in line with the deployment programme.
   2.   Implementation projects shall be selected by the Commission through calls for proposals to implement the deployment programme and in accordance with the rules and procedures of relevant Union funding programmes.
   3.   The proposals for implementation projects shall take due account of the maturity of the industrialisation processes for these projects, based on information provided by the manufacturing industry, in particular on the impact of the implementation projects on legacy ATM systems, technical feasibility, cost estimates and roadmaps for technical solutions.
   4.   The implementation projects and their execution shall comply with the conditions agreed on with the Commission.

      SECTION 2

         Deployment programme

   Article 11
   Purpose
   1.   The deployment programme shall provide a comprehensive and structured work plan of all activities necessary to implement technologies, procedures and best practices required to implement common projects. It shall organise these activities in implementation projects identifying the associated risks and mitigation actions, the geographical scope, the timeframe and the operational stakeholders responsible for carrying out the implementation projects.
   2.   The deployment programme shall constitute the reference for the work of the Management and Implementation levels.
   3.   The deployment programme shall be part of the framework partnership agreement and, as such, the members of the deployment manager shall commit to implement it.
   Article 12
   Establishment and implementation
   1.   The deployment manager shall submit the proposal for the deployment programme and any proposals for amendments to the Commission for approval.
   2.   In preparing the proposal for the deployment programme or proposals to amend it, the deployment manager shall coordinate with the Network Manager, the SESAR Joint Undertaking and the military in accordance with Article 9(7).
   3.   Upon adoption of each common project the Commission shall request the deployment manager to adapt the deployment programme.

      SECTION 3

         Incentives

   Article 13
   Union Funding
   1.   Union funding to support SESAR deployment shall focus on implementation projects provided for in Article 10, selected for Union funding in accordance with the rules and procedures of the relevant Union funding programmes.
   2.   The Commission shall make contractual arrangements covering the implementation projects selected to receive Union funding. These arrangements shall define penalties for non-execution of the deployment programme and non-execution of the implementation projects.
   Article 14
   Other Incentives
   1.   Incentives in accordance with Regulations (EC) No 1794/2006 and (EU) No 691/2010 for SESAR deployment may be identified when establishing common projects.
   2.   Union funding granted in accordance with Article 13 shall be considered as ‘other revenue’ in accordance with Article 2(k) of Regulation (EC) No 1794/2006.
   CHAPTER IV

      FINAL PROVISIONS

   Article 15
   Review
   The Commission shall review the implementation of common projects by the end of the second reference period established by Article 7 of Regulation (EU) No 691/2010.
   Article 16
   Entry into force
   This Regulation shall enter into force on the first day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 3 May 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 96, 31.3.2004, p. 10.

      (2)  OJ L 96, 31.3.2004, p. 1.

      (3)  COM(2011) 923 final.

      (4)  OJ L 185, 15.7.2011, p. 1.

      (5)  OJ L 64, 2.3.2007, p. 1.

      (6)  OJ L 341, 7.12.2006, p. 3.

      (7)  OJ L 201, 3.8.2010, p. 1.

      (8)  OJ L 96, 31.3.2004, p. 26.

      (9)  OJ L 79, 19.3.2008, p. 1.

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


title: Commission Implementing Regulation (EU) No 1086/2012 of 20 November 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               21.11.2012

               EN

               Official Journal of the European Union

               L 322/4

         COMMISSION IMPLEMENTING REGULATION (EU) No 1086/2012
   of 20 November 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 20 November 2012.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  38,5

                  MA

                  46,1

                  MK

                  32,3

                  TR

                  69,6

                  ZZ

                  46,6

                  0707 00 05

                  AL

                  57,9

                  EG

                  209,3

                  MK

                  42,0

                  TR

                  135,7

                  ZZ

                  111,2

                  0709 93 10

                  MA

                  139,0

                  TR

                  106,6

                  ZZ

                  122,8

                  0805 20 10

                  MA

                  101,2

                  ZA

                  144,8

                  ZZ

                  123,0

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

                  CN

                  65,5

                  HR

                  39,9

                  TR

                  80,6

                  ZA

                  193,6

                  ZZ

                  94,9

                  0805 50 10

                  TR

                  86,7

                  ZA

                  65,4

                  ZZ

                  76,1

                  0808 10 80

                  CA

                  156,2

                  CL

                  151,2

                  CN

                  79,8

                  MK

                  36,9

                  NZ

                  162,5

                  US

                  192,3

                  ZA

                  121,9

                  ZZ

                  128,7

                  0808 30 90

                  CN

                  46,9

                  TR

                  106,9

                  ZZ

                  76,9

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


title: Commission Implementing Regulation (EU) No 277/2013 of 19 March 2013 concerning the classification of certain goods in the Combined Nomenclature

text:
               23.3.2013

               EN

               Official Journal of the European Union

               L 84/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 277/2013
   of 19 March 2013
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

               In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

               (2)

               Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

               (3)

               Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

               (4)

               It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
   Article 2
   Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
   Article 3
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 March 2013.

            For the Commission, On behalf of the President,
         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  OJ L 302, 19.10.1992, p. 1.

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A product made of plastics with several small openings. It constitutes an insulating body of a connector. It does not contain metal contacts, terminals or any other conductive materials.
                  The product is intended to isolate and hold in place electric wires with connections (terminals) or contact elements at the ends.
                  The wires are to be inserted into the holes of the body of the connector. The product protects and isolates the conductive contacts from each other, preventing a short circuit, and from the external environment, to prevent the ingress of, for example, dirt.

                      (1) See image.

                  8547 20 00

                  Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(a) to Section XVI and by the wording of CN codes 8547 and 8547 20 00.
                  The product is wholly made of non-conductive material and is designed for insulating purposes; it is an insulating fitting of plastics (see also the HS Explanatory Notes to heading 8547, point (A), first paragraph).
                  Classification under heading 8538 as parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537 is excluded, as the product is included in heading 8547 and is therefore to be classified in its respective heading in accordance with Note 2(a) to Section XVI.
                  It is therefore to be classified under CN code 8547 20 00 as insulating fittings of plastics.

         (1)  The image is purely for information.


title: Commission Implementing Regulation (EU) No 324/2012 of 16 April 2012 amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year

text:
               17.4.2012

               EN

               Official Journal of the European Union

               L 105/43

         COMMISSION IMPLEMENTING REGULATION (EU) No 324/2012
   of 16 April 2012
   amending the representative prices and additional import duties for certain products in the sugar sector fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular Article 36(2), second subparagraph, second sentence thereof,
   Whereas:

               (1)

               The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2011/12 marketing year are fixed by Commission Implementing Regulation (EU) No 971/2011 (3). Those prices and duties were last amended by Commission Implementing Regulation (EU) No 318/2012 (4).

               (2)

               The data currently available to the Commission indicate that those amounts should be amended in accordance with Article 36 of Regulation (EC) No 951/2006.

               (3)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The representative prices and additional duties applicable to imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Implementing Regulation (EU) No 971/2011 for the 2011/12 marketing year, are hereby amended as set out in the Annex hereto.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 16 April 2012.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 178, 1.7.2006, p. 24.

      (3)  OJ L 254, 30.9.2011, p. 12.

      (4)  OJ L 103, 13.4.2012, p. 47.

      ANNEX

         Amended representative prices and additional import duties applicable to white sugar, raw sugar and products covered by CN code 1702 90 95 from 17 April 2012

                  (EUR)

                  CN code

                  Representative price per 100 kg net of the product concerned

                  Additional duty per 100 kg net of the product concerned

                  1701 12 10 (1)

                  41,09

                  0,00

                  1701 12 90 (1)

                  41,09

                  2,28

                  1701 13 10 (1)

                  41,09

                  0,00

                  1701 13 90 (1)

                  41,09

                  2,58

                  1701 14 10 (1)

                  41,09

                  0,00

                  1701 14 90 (1)

                  41,09

                  2,58

                  1701 91 00 (2)

                  46,48

                  3,53

                  1701 99 10 (2)

                  46,48

                  0,39

                  1701 99 90 (2)

                  46,48

                  0,39

                  1702 90 95 (3)

                  0,46

                  0,24

         (1)  For the standard quality defined in point III of Annex IV to Regulation (EC) No 1234/2007.

         (2)  For the standard quality defined in point II of Annex IV to Regulation (EC) No 1234/2007.

         (3)  Per 1 % sucrose content.


title: Commission Implementing Regulation (EU) 2015/1931 of 23 October 2015 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Huile d'olive de Nice (PDO))

text:
               28.10.2015

               EN

               Official Journal of the European Union

               L 282/9

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/1931
   of 23 October 2015
   approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Huile d'olive de Nice (PDO))
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
   Whereas:

               (1)

               Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected designation of origin ‘Huile d'olive de Nice’, registered under Commission Regulation (EC) No 2400/96 (2), as amended by Commission Regulation (EC) No 417/2006 (3).

               (2)

               Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union
                   (4) as required by Article 50(2)(a) of that Regulation.

               (3)

               As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Huile d'olive de Nice’ (PDO) are hereby approved.
   Article 2
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 October 2015.

            For the Commission,

            On behalf of the President,

         Phil HOGAN

            Member of the Commission

      (1)  OJ L 343, 14.12.2012, p. 1.

      (2)  Commission Regulation (EC) No 2400/96 of 17 December 1996 on the entry of certain names in the ‘Register of protected designation of origin and protected geographical indications’ provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 327, 18.12.1996, p. 11).

      (3)  Commission Regulation (EC) No 417/2006 of 10 March 2006 supplementing the Annex to Regulation (EC) No 2400/96 as regards the entry of certain names in the Register of protected designations of origin and protected geographical indications (Pimiento Asado del Bierzo — (PGI), Fico bianco del Cilento — (PDO), Melannurca Campana — (PGI), Montes de Granada — (PDO), Huile d'olive de Nice — (PDO), Aceite de la Rioja — (PDO), Antequera — (PDO)) (OJ L 72, 11.3.2006, p. 8).

      (4)  OJ C 204, 20.6.2015, p. 24.


title: Commission Implementing Regulation (EU) No 173/2013 of 26 February 2013 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               27.2.2013

               EN

               Official Journal of the European Union

               L 55/25

         COMMISSION IMPLEMENTING REGULATION (EU) No 173/2013
   of 26 February 2013
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 February 2013.

            For the Commission, On behalf of the President,
         José Manuel SILVA RODRÍGUEZ

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  82,8

                  MA

                  71,9

                  TN

                  91,2

                  TR

                  107,0

                  ZZ

                  88,2

                  0707 00 05

                  EG

                  191,6

                  MA

                  170,1

                  TR

                  180,4

                  ZZ

                  180,7

                  0709 91 00

                  EG

                  72,9

                  ZZ

                  72,9

                  0709 93 10

                  MA

                  42,1

                  TR

                  138,7

                  ZZ

                  90,4

                  0805 10 20

                  EG

                  49,3

                  IL

                  71,3

                  MA

                  57,7

                  TN

                  53,7

                  TR

                  61,4

                  ZZ

                  58,7

                  0805 20 10

                  EG

                  165,0

                  IL

                  155,4

                  MA

                  102,9

                  ZA

                  73,9

                  ZZ

                  124,3

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

                  EG

                  57,7

                  IL

                  137,9

                  MA

                  118,4

                  PK

                  99,7

                  TR

                  77,7

                  US

                  127,1

                  ZA

                  105,9

                  ZZ

                  103,5

                  0805 50 10

                  TR

                  74,3

                  ZZ

                  74,3

                  0808 10 80

                  CN

                  83,7

                  MK

                  31,3

                  US

                  148,7

                  ZZ

                  87,9

                  0808 30 90

                  AR

                  144,1

                  CL

                  206,9

                  CN

                  84,0

                  TR

                  179,9

                  US

                  187,5

                  ZA

                  111,7

                  ZZ

                  152,4

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


title: Commission Implementing Regulation (EU) 2015/2094 of 19 November 2015 on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2015

text:
               20.11.2015

               EN

               Official Journal of the European Union

               L 303/7

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2094
   of 19 November 2015
   on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2015
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 26(6) thereof,
   After consulting the Committee on the Agricultural Funds,
   Whereas:

               (1)

               In accordance with Article 169(3) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (2) non-committed appropriations relating to the actions financed by the European Agricultural Guarantee Fund (EAGF) as referred to in Article 4(1) of Regulation (EU) No 1306/2013 may be carried over to the following financial year. Such carry-over is limited to 2 % of the initial appropriations and to the amount of the adjustment of direct payments as referred to in Article 8 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3) which was applied during the preceding financial year. It may lead to an additional payment to the final recipients who were subject to that adjustment.

               (2)

               In accordance with Article 26(5) of Regulation (EU) No 1306/2013, by way of derogation from Article 169(3) of Regulation (EU, Euratom) No 966/2012, Member States are to reimburse the carry-over referred to in Article 169(3) of Regulation (EU, Euratom) No 966/2012 to the final recipients who are subject, in the financial year to which the appropriations are carried over, to the adjustment rate. That reimbursement only applies to final beneficiaries in those Member States where financial discipline applied (4) in the preceding financial year.

               (3)

               When setting the amount of the carry-over to be reimbursed, in accordance with Article 26(7) of Regulation (EU) No 1306/2013 the amounts of the reserve for crises in the agricultural sector referred to in Article 25 of that Regulation, not made available for crisis measures by the end of the financial year, are to be taken into account.

               (4)

               In accordance with Article 1(1) of Commission Implementing Regulation (EU) No 1227/2014 (5), financial discipline is applied to direct payments in respect of calendar year 2014 to establish the crisis reserve of EUR 433 million. The crisis reserve has not been called on in financial year 2015.

               (5)

               On the basis of the Member States' declarations of expenditure for the period from 16 October 2014 to 15 October 2015, the financial discipline reduction actually applied by the Member States in financial year 2015 amounts to EUR 409,8 million.

               (6)

               Consequently, unused appropriations corresponding to the amount of financial discipline applied in financial year 2015 of EUR 409,8 million which remains within the limit of 2 % of the initial appropriations can be carried over to financial year 2016 following a decision of the Commission in accordance with the fifth subparagraph of Article 169(3) of Regulation (EU, Euratom) No 966/2012.

               (7)

               In order to ensure that the reimbursement of those appropriations to the final recipients remains proportionate to the amount of the financial discipline adjustment, it is appropriate that the Commission determines the amounts available to the Member States for the reimbursement.

               (8)

               To avoid compelling Member States to make an additional payment for that reimbursement, this Regulation needs to apply from 1 December 2015. Consequently, the amounts established by this Regulation are definitive and apply without prejudice to the application of reductions in accordance with Article 41(1) of Regulation (EU) No 1306/2013, to any other corrections taken into account in the monthly payment decision concerning the expenditure effected by the paying agencies of the Member States for October 2015, in accordance with Article 18(3) of Regulation (EU) No 1306/2013 and to any deductions and supplementary payments to be made in accordance with Article 18(4) of that Regulation or to any decisions which will be taken within the framework of the clearance of accounts procedure.

               (9)

               In accordance with Article 169(3) of Regulation (EU, Euratom) No 966/2012 the non-committed appropriations may be carried over to the following financial year only. It is therefore appropriate for the Commission to determine eligibility dates for the expenditure of the Member States in relation to the reimbursement in accordance with Article 26(5) of Regulation (EU) No 1306/2013, taking into account the agricultural financial year as defined in Article 39 of that Regulation.

               (10)

               In order to take into account the short time span between the communication of the execution of 2015 EAGF appropriations under shared management for the period from 16 October 2014 to 15 October 2015 by the Member States and the need to apply this Regulation from 1 December 2015, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The amounts of the appropriations that will be carried over from financial year 2015 in accordance with Article 169(3) of Regulation (EU, Euratom) No 966/2012 and that in accordance with Article 26(5) of Regulation (EU) No 1306/2013 are made available to the Member States for the reimbursement to the final recipients who are subject to the adjustment rate in financial year 2016, are laid down in the Annex to this Regulation.
   The amounts that will be carried over are subject to the carry-over decision of the Commission in accordance with the fifth subparagraph of Article 169(3) of Regulation (EU, Euratom) No 966/2012.
   Article 2
   Member States' expenditure in relation to the reimbursement of the appropriations carried over shall only be eligible for Union financing if the relevant amounts have been paid to the beneficiaries before 16 October 2016.
   Article 3
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 December 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 November 2015.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 347.

      (2)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

      (3)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

      (4)  Financial discipline does not apply in financial year 2015 in Bulgaria, Croatia and Romania in accordance with Article 8(2) of Regulation (EU) No 1307/2013.

      (5)  Commission Implementing Regulation (EU) No 1227/2014 of 17 November 2014 fixing an adjustment rate for direct payments provided for in Council Regulation (EC) No 73/2009 in respect of calendar year 2014 and repealing Commission Implementing Regulation (EU) No 879/2014 (OJ L 331, 18.11.2014, p. 6).

      ANNEX

         Amounts available for reimbursement of appropriations carried over

                  (amounts in EUR)

                  Belgium

                  6 288 982

                  Czech Republic

                  10 759 194

                  Denmark

                  10 873 619

                  Germany

                  58 750 752

                  Estonia

                  1 169 016

                  Ireland

                  12 903 416

                  Greece

                  16 705 610

                  Spain

                  53 390 829

                  France

                  88 569 550

                  Italy

                  31 012 148

                  Cyprus

                  358 950

                  Latvia

                  1 312 744

                  Lithuania

                  3 277 932

                  Luxembourg

                  383 255

                  Hungary

                  13 724 881

                  Malta

                  34 561

                  Netherlands

                  9 323 434

                  Austria

                  6 729 968

                  Poland

                  22 604 718

                  Portugal

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title: Commission Implementing Regulation (EU) 2016/279 of 26 February 2016 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               27.2.2016

               EN

               Official Journal of the European Union

               L 52/27

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/279
   of 26 February 2016
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

               The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 26 February 2016.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  OJ L 157, 15.6.2011, p. 1.

      ANNEX

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  IL

                  236,2

                  MA

                  83,8

                  SN

                  149,8

                  TN

                  116,3

                  TR

                  109,4

                  ZZ

                  139,1

                  0707 00 05

                  JO

                  206,0

                  MA

                  83,5

                  TR

                  171,2

                  ZZ

                  153,6

                  0709 91 00

                  TN

                  173,6

                  ZZ

                  173,6

                  0709 93 10

                  MA

                  42,6

                  TR

                  105,5

                  ZZ

                  74,1

                  0805 10 20

                  EG

                  47,0

                  IL

                  78,2

                  MA

                  56,1

                  TN

                  56,9

                  TR

                  63,4

                  ZZ

                  60,3

                  0805 20 10

                  IL

                  112,1

                  MA

                  84,8

                  TR

                  84,6

                  ZZ

                  93,8

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

                  IL

                  136,2

                  JM

                  161,2

                  MA

                  110,7

                  TR

                  68,2

                  US

                  146,9

                  ZZ

                  124,6

                  0805 50 10

                  EG

                  90,7

                  MA

                  85,9

                  TR

                  96,6

                  ZZ

                  91,1

                  0808 10 80

                  CL

                  93,2

                  US

                  128,0

                  ZZ

                  110,6

                  0808 30 90

                  CL

                  132,6

                  CN

                  90,6

                  TR

                  156,1

                  ZA

                  102,7

                  ZZ

                  120,5

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


title: Commission Implementing Regulation (EU) 2016/9 of 5 January 2016 on joint submission of data and data-sharing in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Text with EEA relevance)

text:
               6.1.2016

               EN

               Official Journal of the European Union

               L 3/41

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/9
   of 5 January 2016
   on joint submission of data and data-sharing in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
   (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 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 (1), and in particular Article 132 thereof,
   Whereas:

               (1)

               For the purposes of registration of substances, Titles II and III of Regulation (EC) No 1907/2006 include provisions that require manufacturers and importers to share data and to jointly submit information to the Agency.

               (2)

               The experience acquired by authorities through the 2010 and 2013 registration deadlines set out in Article 23 of Regulation (EC) No 1907/2006 for phase-in substances, together with information received from stakeholders directly and via the REACH registration workshop that took place in Brussels on 10-11 December 2013, indicate that the provisions of Regulation (EC) No 1907/2006 on data-sharing and joint submission have not been used to their full potential, their implementation falling short of expectations. This has been especially prejudicial to small and medium size enterprises.

               (3)

               In order for the system of data-sharing, established by Regulation (EC) No 1907/2006, to operate effectively, it is necessary to promote good management practices and to ensure the efficient functioning of agreements pertaining to sharing such data. Rules should therefore be established for an efficient implementation of that Regulation as regards data sharing.

               (4)

               Costs relating to sharing and jointly submitting information, in accordance with Articles 11(1), 19(1), 27(3) and 30(1) of Regulation (EC) No 1907/2006, should be determined in a fair, transparent and non-discriminatory manner.

               (5)

               It is necessary to clarify that in accordance with Articles 27(3) and 30(1) of Regulation (EC) No 1907/2006, both administrative costs and costs related to information requirements should only be shared where those costs are relevant to the information that a party is obliged to submit for registration under that Regulation. Costs relating to information requirements include any cost that was required for performing an existing study or is required for performing a new study, whether relating to preparing the necessary specifications, contracting with a laboratory or monitoring its performance. Costs of fulfilling a REACH information requirement not involving testing studies should also be included.

               (6)

               To ensure that data is shared in a transparent and effective manner, all agreements to share data for the purposes of Regulation (EC) No 1907/2006 should be structured in a way that all relevant costs are clearly described and identifiable. However, where parties to data-sharing agreements that already exist on the date of entry into force of this Regulation are satisfied with the functioning of such agreements, it should be possible to waive the obligation to itemise costs when all parties consent.

               (7)

               In order to ascertain that the costs of sharing data are justified and are adequately distributed between the parties to a data-sharing agreement, annual records of costs incurred and compensation received should be kept by those parties. In accordance with Articles 27(3) and 30(1) of Regulation (EC) No 1907/2006, parties to existing data-sharing agreements should make every effort to establish proof of costs incurred before the entry into force of this Regulation.

               (8)

               To ensure consistency with Article 25(3) of Regulation (EC) No 1907/2006 and to ensure that there is documentation of the cost of any study that may be subject to a data-sharing agreement, those annual records should be kept for a minimum of 12 years following the submission of a study in the framework of a registration under that Regulation

               (9)

               A data-sharing agreement should include a model for sharing all relevant costs. A reimbursement mechanism should be envisaged in each cost-sharing model to allow for potential adjustment of the share of costs that each registrant pays when other registrants join that agreement at a later stage.

               (10)

               In order to ensure that no unnecessary administrative burden is placed on parties to data-sharing agreements that already exist on the date of entry into force of this Regulation, those parties should be allowed to waive the obligation to include a reimbursement mechanism if all parties to the agreement consent. In the case of such agreements, potential registrants who intend to join the existing agreement should be allowed to request the inclusion of a reimbursement mechanism.

               (11)

               In the interest of providing legal certainty, it should be clarified that in accordance with Article 50(4) of Regulation (EC) No 1907/2006, the costs associated with a substance evaluation decision may also apply to registrants who have already ceased their activities pursuant to paragraph 2 or 3 of Article 50 of that Regulation.

               (12)

               The principle of ‘one substance, one registration’, which underpins the operation of Titles II and III of Regulation (EC) No 1907/2006, should be reinforced by emphasising the role of the Agency in ensuring that all submissions of information regarding the same substance are part of the same registration under that Regulation.

               (13)

               Where tests on vertebrate animals are not required for the purposes of a party's registration under Regulation (EC) No 1907/2006, it should be clarified that that party is not obliged to share data with other registrants of the same substance and may choose to submit separately the information referred to in Article 10(a) in accordance with Article 11(3) or 19(2) of that Regulation.

               (14)

               In order to ensure consistency with the principle of ‘one substance, one registration’, the Agency should ensure that a separate submission of the information referred to in Article 10(a), justified under Article 11(3) or 19(2) of Regulation (EC) No 1907/2006, is still part of the existing registration for that substance.

               (15)

               In order to promote the development and use of alternative methods for the assessment of hazards of substances and to minimise animal testing, this Regulation encourages the sharing of relevant (animal and non-animal) studies that are conducted on a substance which is structurally similar to the substance being registered (grouping or read-across).

               (16)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established under Article 133 of Regulation (EC) No 1907/2006,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation lays down specific duties and obligations for parties to agreements where the sharing of information and associated costs are required under Regulation (EC) No 1907/2006.
   Article 2
   Transparency
   1.   Where multiple registrants of the same substance or participants in a Substance Information Exchange Forum (SIEF) are obliged to share information in accordance with their duties under Regulation (EC) No 1907/2006, they shall make every effort to reach an agreement on the sharing of the information. This data-sharing agreement, which involves only persons or entities subject to that Regulation, shall be clear and comprehensible to all parties and shall include the following sections:

               (a)

               the itemisation of the data to be shared, including the cost of each data item, a description indicating the information requirements in Regulation (EC) No 1907/2006 to which each cost corresponds and a justification of how the data to be shared satisfies the information requirement;

               (b)

               the itemisation and justification of any cost of creating and managing the data-sharing agreement and the joint submission of information between registrants of the same substance as required by Regulation (EC) No 1907/2006 (hereinafter referred to as ‘administrative costs’) applicable for that data-sharing agreement;

               (c)

               a cost-sharing model, which shall include a reimbursement mechanism.

         2.   Where a data-sharing agreement already exists on the date of entry into force of this Regulation, parties to that agreement may, by unanimous consent, waive their obligation to itemise the data as described in points (a) and (b) of paragraph 1.
   A potential registrant of a substance for which a data-sharing agreement has already been reached by previous registrants, who requests a study or set of studies to be shared in accordance with Articles 27 and 30 of Regulation (EC) No 1907/2006 shall not be bound by an existing waiver, unless he provides his signed consent to it to the previous registrants, and shall have the right to request itemisation as described in points (a) and (b) of paragraph 1.
   Where such a request is made, the previous registrants shall:

               (a)

               itemise all relevant costs incurred after the date of entry into force of this Regulation as described in points (a) and (b) of paragraph 1;

               (b)

               provide proof of the cost of any study, completed before the date of entry into force of this Regulation, that is requested in accordance with Article 30(1) of Regulation (EC) No 1907/2006;

               (c)

               make every effort to provide itemisation of all other relevant costs, including administrative costs and study costs not covered in point (b), incurred before the date of entry into force of this Regulation as described in points (a) and (b) of paragraph 1.

         The itemisation of costs shall be provided to the potential registrant without undue delay.
   3.   Where registrants of the same substance have shared information and submitted it jointly in accordance with Regulation (EC) No 1907/2006, they shall document yearly any further costs incurred in relation to the operation of their data-sharing agreement.
   The annual documentation shall contain the sections indicated in paragraph 1 and include, for the purposes of the reimbursement mechanism, a record of any compensation received from new registrants.
   In the absence of detailed documentation of costs incurred or compensation received before the entry into force of this Regulation, parties to an agreement shall make every effort to collate proof, or to make the best approximation, of such costs and compensation for each year since the commencement of that agreement.
   Such annual documentation shall be kept by the registrants for a minimum of 12 years following the latest submission of a study and shall be made available free of charge upon request from any party to the data-sharing agreement concerned within reasonable time and in full consideration of the requirements related to applicable registration deadlines.
   Article 3
   One substance, one registration
   1.   Without prejudice to Articles 11(3) and 19(2) of Regulation (EC) No 1907/2006, the Agency shall ensure that all registrants of the same substance are part of the same registration under that Regulation.
   2.   Where the Agency permits a potential registrant of a substance that has already been registered to refer to requested information in accordance with Articles 27(6) and 30(3) of Regulation (EC) No 1907/2006, the Agency shall ensure that any subsequent submission of information by that potential registrant is part of the existing joint submission for that substance.
   3.   Where a potential registrant has complied with his obligations under Articles 26 or 29 of Regulation (EC) No 1907/2006 and has ascertained that he is not required to share tests on vertebrate animals for the purposes of his registration, he may decide to invoke Articles 11(3) or 19(2) in order to submit separately all or part of the relevant information in Article 10(a) of that Regulation.
   In such cases, the potential registrant shall inform any previous registrants of that substance of his decision. He shall also inform the Agency which shall ensure that this separate submission, made in accordance with Article 11(3) or 19(2) of Regulation (EC) No 1907/2006, remains part of the existing registration for that substance in accordance with paragraph 1.
   Article 4
   Fairness and non-discrimination
   1.   Pursuant to Articles 27(3) and 30(1) of Regulation (EC) No 1907/2006, any registrant of a substance shall only be required to share the costs of information that such registrant is obliged to submit to the Agency to satisfy his registration requirements under that Regulation. This condition applies also to administrative costs.
   2.   The cost-sharing model referred to in Article 2(1)(c) shall apply to all registrants of that substance, including the possibility of future registrants joining the data-sharing agreement at a later stage.
   The cost-sharing model shall include for all registrants of a particular substance provisions for sharing any costs resulting from a potential substance evaluation decision.
   The following factors shall also be considered in agreeing on a particular cost-sharing model: the number of potential registrants estimated to register for that substance; and the possibility of future additional information requirements for that substance, other than those resulting from a potential substance evaluation decision.
   In the event that a cost-sharing model includes the possibility to cover the costs of future additional information requirements for that substance, other than those resulting from a potential substance evaluation decision, this possibility shall be justified and indicated separately from other costs in the data-sharing agreement.
   Compiling information for the purposes of establishing substance sameness should not be the subject of any cost sharing between previous registrants and potential registrants.
   3.   Pursuant to Articles 27 and 30 of Regulation (EC) No 1907/2006, if the participants to a data-sharing agreement cannot agree to such a cost-sharing model, each participant shall pay an equal share of the costs required for their participation. Reimbursement of part of such costs paid shall still occur as if a reimbursement mechanism has been agreed subject to the first subparagraph of paragraph 4.
   4.   The reimbursement mechanism referred to in Article 2(1)(c) shall be envisaged in every cost-sharing model and shall include a method of proportional redistribution to each participant of their share of costs paid where a potential registrant joins that agreement in the future.
   The reimbursement mechanism shall also take account of the following factors: the possibility of future additional registration requirements for that substance, other than those resulting from a potential substance evaluation decision; and the economic viability of certain reimbursements where the costs of reimbursement are higher than the amount to be reimbursed.
   5.   Where a data-sharing agreement already exists on the date of entry into force of this Regulation, parties to that agreement may, by unanimous consent, waive their obligation to include a reimbursement mechanism in their cost-sharing model.
   A potential registrant who intends to participate in an existing data-sharing agreement shall not be bound by an existing waiver unless he provides his signed consent to it to the previous registrants and shall have the right to obtain the inclusion of a reimbursement mechanism in the cost-sharing model in accordance with this Regulation.
   6.   Any registrant who has ceased his activities pursuant to paragraph 2 or 3 of Article 50 of Regulation (EC) No 1907/2006 may still be required to share costs resulting from a substance evaluation decision in accordance with Article 50(4) of that Regulation.
   Article 5
   Dispute Resolution
   1.   When settling a data-sharing dispute pursuant to Articles 27(5) and 30(3) of Regulation (EC) No 1907/2006, the Agency shall take account of the parties' compliance with the obligations set out in Articles 2, 3 and 4 of this Regulation.
   2.   This Regulation operates without prejudice to the full and complete application of the Union competition law.
   Article 6
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 5 January 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 396, 30.12.2006, p. 1.