title: Commission Implementing Regulation (EU) 2019/916 of 4 June 2019 fixing the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2019

text:
                  5.6.2019

                  EN

                  Official Journal of the European Union

                  L 146/98

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/916
         of 4 June 2019
         fixing the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2019
         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(3) thereof,
         After consulting the Committee on the Agricultural Funds,
         Whereas:

                     (1)

                     Pursuant to Article 25 of Regulation (EU) No 1306/2013 a reserve intended to provide additional support for the agricultural sector in the case of major crises affecting the agricultural production or distribution is to be established by applying, at the beginning of each year, a reduction to direct payments with the financial discipline mechanism referred to in Article 26 of that Regulation.

                     (2)

                     Article 26(1) of Regulation (EU) No 1306/2013 provides that in order to ensure that the annual ceilings set out in Council Regulation (EU, Euratom) No 1311/2013 (2) for the financing of the market related expenditure and direct payments are respected, an adjustment rate for direct payments is to be determined when the forecasts for the financing of the measures financed under that sub-ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded.

                     (3)

                     The amount of the reserve for crises in the agricultural sector, included in the Commission 2020 Draft Budget, amounts to EUR 478 million in current prices. To cover that amount, the financial discipline mechanism has to apply to direct payments under the support schemes listed in Annex I to Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3) in respect of the calendar year 2019.

                     (4)

                     The forecasts for the direct payments and market related expenditure determined in the Commission 2020 Draft Budget indicate that there is no need for any further financial discipline.

                     (5)

                     In accordance with Article 26(3) of Regulation (EU) No 1306/2013, the adjustment rate should be fixed by 30 June of the calendar year in respect of which the adjustment rate applies.

                     (6)

                     As a general rule, farmers submitting an aid application for direct payments for one calendar year (N) are paid within a fixed payment period falling within the financial year (N+1). However, Member States may make late payments to farmers beyond that payment period, within certain limits. Such late payments may be made in a subsequent financial year. When financial discipline is applied for a given calendar year, the adjustment rate should not be applied to payments for which aid applications have been submitted in calendar years other than the calendar year for which the financial discipline applies. Therefore, in order to ensure equal treatment of farmers, it is appropriate to provide that the adjustment rate is to be applied only to payments for which aid applications have been submitted in the calendar year for which the financial discipline is applied, irrespective of when the payment to farmers is made.

                     (7)

                     Article 8(1) of Regulation (EU) No 1307/2013 provides that the adjustment rate applied to direct payments determined in accordance with Article 26 of Regulation (EU) No 1306/2013 is to apply only to direct payments in excess of EUR 2 000 to be granted to farmers in respect of the corresponding calendar year. Furthermore, Article 8(2) of Regulation (EU) No 1307/2013 provides that, as a result of the gradual introduction of direct payments, the adjustment rate is to apply to Croatia only from 1 January 2022. The adjustment rate to be determined by this Regulation should therefore not apply to payments to farmers in that Member State,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   For the purpose of fixing the adjustment rate in accordance with Articles 25 and 26 of Regulation (EU) No 1306/2013, and in accordance with Article 8(1) of Regulation (EU) No 1307/2013, the amounts of direct payments under the support schemes listed in Annex I to Regulation (EU) No 1307/2013 to be granted to farmers in excess of EUR 2 000 for an aid application submitted in respect of the calendar year 2019 shall be reduced by an adjustment rate of 1,441101 %.

               2.   The reduction provided for in paragraph 1 shall not apply in Croatia.

            Article 2
            This Regulation shall enter into force on the seventh 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, 4 June 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 347, 20.12.2013, p. 549.

            (2)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

            (3)  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).


title: Council Implementing Regulation (EU) 2017/1942 of 25 October 2017 implementing Article 15(3) of Regulation (EU) No 747/2014 concerning restrictive measures in view of the situation in Sudan

text:
               26.10.2017

               EN

               Official Journal of the European Union

               L 276/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2017/1942
   of 25 October 2017
   implementing Article 15(3) of Regulation (EU) No 747/2014 concerning restrictive measures in view of the situation in Sudan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 747/2014 of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005 (1), and in particular Article 15(3) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 July 2014, the Council adopted Regulation (EU) No 747/2014.

               (2)

               On 17 October 2017, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 1591 (2005) updated the information relating to one person subject to restrictive measures.

               (3)

               Annex I to Regulation (EU) No 747/2014 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex I to Regulation (EU) No 747/2014 is hereby amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the date 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, 25 October 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  OJ L 203, 11.7.2014, p. 1.

      ANNEX
      The entry concerning ‘ALNSIEM, Musa Hilal Abdalla’ is replaced by the following entry:

                     ‘2.

                        ALNSIEM, Musa Hilal Abdalla

                        Alias: a) Sheikh Musa Hilal; b) Abd Allah; c) Abdallah; d) AlNasim; e) Al Nasim; f) AlNaseem; g) Al Naseem; h) AlNasseem; i) Al Nasseem

                        Designation: a) formerly Member of the National Assembly of Sudan from Al-Waha district; b) formerly special adviser to the Ministry of Federal Affairs; c) Paramount Chief of the Mahamid Tribe in North Darfur

                        Date of birth: a) 01 Jan. 1964; b) 1959

                        Place of birth: Kutum

                        Nationality: Sudan

                        Address: a) Kabkabiya, Sudan; b) Kutum, Sudan (Resides in Kabkabiya and the city of Kutum, Northern Darfur and has resided in Khartoum).

                        Passport: a) Diplomatic Passport D014433, issued on 21 Feb. 2013 (Expired on 21 Feb. 2015); b) Diplomatic Passport D009889, issued on 17 Feb. 2011 (Expired on 17 Feb. 2013).

                        Identification: Certificate of Nationality A0680623.

                        Date of UN designation:25 April 2006.

                        Other information: INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5795065

                        Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

                     Alnsiem was listed on 25 April 2006 by paragraph 1 of resolution 1672 (2006) as “Paramount Chief of the Jalul Tribe in North Darfur”.
                     Report from Human Rights Watch states they have a memo dated 13 February 2004 from a local government office in North Darfur ordering “security units in the locality” to “allow the activities of the mujahideen and the volunteers under the command of the Sheikh Musa Hilal to proceed in the areas of [North Darfur] and to secure their vital needs”. On 28 September 2005, 400 Arab militia attacked the villages of Aro Sharrow (including its IDP camp), Acho, and Gozmena in West Darfur. We also believe that Musa Hilal was present during the attack on Aro Sharrow IDP camp: his son had been killed during the SLA attack on Shareia, so he was now involved in a personal blood feud. There are reasonable grounds to believe that as the Paramount Chief he had direct responsibility for these actions and is responsible for violations of international humanitarian and human rights law and other atrocities.’


title: Commission Implementing Regulation (EU) 2017/1956 of 26 October 2017 entering a name in the register of protected designations of origin and protected geographical indications (Saucisson d'Ardenne/Collier d'Ardenne/Pipe d'Ardenne (PGI))

text:
               27.10.2017

               EN

               Official Journal of the European Union

               L 277/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1956
   of 26 October 2017
   entering a name in the register of protected designations of origin and protected geographical indications (Saucisson d'Ardenne/Collier d'Ardenne/Pipe d'Ardenne (PGI))
   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 Article 50(2)(a) of Regulation (EU) No 1151/2012, the application from Belgium to register the name ‘Saucisson d'Ardenne’/‘Collier d'Ardenne’/‘Pipe d'Ardenne’ (PGI), was published in the Official Journal of the European Union
                   (2).

               (2)

               The Commission received 2 notices of opposition, namely from Zurich Foodstuff Trading LLC — United Arab Emirates, on 17.8.2015, and from Rezos Brands SA — Greece, on 14.9.2015.

               (3)

               The Commission forwarded to Belgium the notice of opposition from Zurich Foodstuff Trading LLC. The notice of opposition sent from Rezos Brands SA was not forwarded: according to Article 51(1), second subparagraph, of Regulation (EU) No 1151/2012, natural or legal persons having a legitimate interest, established or resident in a Member State other than that from which the application was submitted, may lodge a notice of opposition with the Member State in which they are established. Therefore, Rezos Brands SA was not allowed to lodge a notice of opposition directly to the Commission. In addition, that notice of opposition had been received by the Commission after the expiration of the deadline provided for lodging such a notice of opposition pursuant to Article 51(1) of Regulation (EU) No 1151/2012.

               (4)

               On 17.10.2015 the Commission received a reasoned statement of opposition from Zurich Foodstuff Trading LLC.

               (5)

               The opponent's interest, as described in the reasoned statement of opposition, was not present and direct but indirect and hypothetical. Zurich Foodstuff Trading LLC was therefore lacking a legitimate interest and the opposition procedure was not continued. Accordingly, the opposition lodged by Zurich Foodstuff Trading LLC is deemed inadmissible.

               (6)

               By letter of 16 July 2014, the Belgian authorities forwarded to the Commission a request of the enterprise TerBeke-Pluma, established outside the geographical area defined for the PGI ‘Saucisson d'Ardenne’/‘Collier d'Ardenne’/‘Pipe d'Ardenne’, and that had submitted an admissible statement of opposition under Article 49(3) of Regulation (EU) No 1151/2012, to be granted a transitional period under Article 15(1) of Regulation (EU) No 1151/2012 allowing it to continue using the name ‘Saucisson d'Ardenne’/‘Collier d'Ardenne’/‘Pipe d'Ardenne’.Information and clarifications necessary for the Commission to be in full knowledge of facts in taking a decision with reference to the above mentioned transitional period were communicated by the Belgian authorities by letters of 1 April 2015, 3 November 2016 and 3 April 2017.

               (7)

               Pursuant to Article 9 of Regulation (EU) No 1151/2012, the name ‘Saucisson d'Ardenne’/‘Collier d'Ardenne’/‘Pipe d'Ardenne’ has been granted a national transitional protection, as of 8 May 2014, i.e. the date the registration application was received by the Commission. In that context, the enterprise TerBeke-Pluma was granted, at national level, an adaptation period of maximum nine months, during which it could continue to use the protected names in respect of products not complying with the related specification. Such an adaptation period started on 8 May 2014 and ended nine months later.

               (8)

               The enterprise TerBeke-Pluma being prevented from marketing its product under the names ‘Saucisson d'Ardenne’/‘Collier d'Ardenne’/‘Pipe d'Ardenne’ since 8 February 2015, the granting of a transitional period under Article 15(1) of Regulation (EU) No 1151/2012 is not justified. Allowing the use of the registered names in respect of products elaborated outside the delimited geographical area would not allow for a ‘transition’ but would, unduly, lead to the re-establishment of a situation which is deemed illegal since 8 February 2015.

               (9)

               In the light of the above, the name ‘Saucisson d'Ardenne’/‘Collier d'Ardenne’/‘Pipe d'Ardenne’ should be entered in the ‘register of protected designations of origin and protected geographical indications’,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The name ‘Saucisson d'Ardenne’/‘Collier d'Ardenne’/‘Pipe d'Ardenne’ (PGI) is registered.
   The name in the first paragraph identifies a product from Class 1.2. Meat products (cooked, salted, smoked, etc.) set out in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).
   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, 26 October 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

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

      (2)  OJ C 182, 3.6.2015, p. 7.

      (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2017/1957 of 26 October 2017 opening and providing for the administration of Union tariff quotas for certain fish and fishery products originating in Kosovo

text:
                  27.10.2017

                  EN

                  Official Journal of the European Union

                  L 277/6

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1957
      of 26 October 2017
      opening and providing for the administration of Union tariff quotas for certain fish and fishery products originating in Kosovo (*1)

      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Regulation (EU) 2017/355 of the European Parliament and of the Council of 15 February 2017 on certain procedures for applying the Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*1) of the other part (1), and in particular Article 2 thereof,
      Whereas:

                  (1)

                  The Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo (*1), of the other part (2) (‘the SAA’) was signed on 27 October 2015 and entered into force on 1 April 2016.

                  (2)

                  Article 31 of the SAA and the Annex IV to the SAA lay down the arrangements applicable to the import into the Union of fish and fishery products. Under those provisions, imports into the Union of trout and carp originating in Kosovo within certain tariff quotas are to benefit from exemptions from customs duties.

                  (3)

                  To implement the provisions of the SAA on fish and fishery products, it is necessary to open and administer the annual tariff quotas for trout and carp for the year 2016 and the following years.

                  (4)

                  The tariff quotas should be managed by the Commission on the basis of the chronological order of dates of acceptance of customs declarations for release for free circulation in accordance with Commission Implementing Regulation (EU) 2015/2447 (3).

                  (5)

                  The measures laid down in this Regulation should apply from the date of entry into force of the SAA. This Regulation should therefore enter into force as a matter of urgency.

                  (6)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      Union tariff quotas are opened for fish and fishery products originating in Kosovo as set out in the Annex.
      Article 2
      The tariff quotas referred to in Article 1 shall be administered by the Commission in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.
      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 April 2016.

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

               For the Commission

               The President

            Jean-Claude JUNCKER

         (*1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

         (1)  OJ L 57, 3.3.2017, p. 59.

         (2)  OJ L 71, 16.3.2016, p. 3.

         (3)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

         ANNEX
         Notwithstanding the rules for the interpretation of the Combined Nomenclature, the wording of the description of the products is to be considered as having no more than an indicative value, the scope of the preferential scheme being determined, within the context of this Annex, by the CN codes. Where ‘ex’ CN codes are indicated, the scope of the preferential scheme is to be determined by the CN code and the corresponding description taken together.

            Fish and fishery products

                     Order No

                     CN Code

                     TARIC subdivisions

                     Description

                     Annual Tariff Quota volume
                     (in tonnes net weight)

                     Rate of quota duty

                     09.1506

                     0301 91

                     Trout (Salmo trutta, Oncorhynchus mykiss, Oncorhynchus clarki, Oncorhynchus aguabonita, Oncorhynchus gilae, Oncorhynchus apache and Oncorhynchus chrysogaster): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

                     From 1.4.2016 to 31.12.2016:
                     15
                     For upcoming years — from 1.1 to 31.12:
                     15

                     0 %

                     0302 11

                     0303 14

                     0304 42

                     0304 52 00

                     10

                     0304 82

                     0304 99 21

                     11, 12, 20

                     0305 10 00

                     10

                     0305 39 90

                     10

                     0305 43 00

                     0305 59 85

                     61

                     0305 69 80

                     61

                     09.1508

                     0301 93 00

                     Carp (Cyprinus spp., Carassius spp., Ctenopharyngodon idellus, Hypophthalmichthys spp., Cirrhinus spp., Mylopharyngodon piceus, Catla catla, Labeo spp., Osteochilus hasselti, Leptobarbus hoeveni, Megalobrama spp.): live; fresh or chilled; frozen; dried, salted or in brine, smoked; fillets and other fish meat; flours, meals and pellets, fit for human consumption

                     From 1.4.2016 to 31.12.2016:
                     20
                     For upcoming years — from 1.1. to 31.12:
                     20

                     0 %

                     0302 73 00

                     0303 25 00

                     0304 39 00

                     20

                     0304 51 00

                     10

                     0304 69 00

                     20

                     0304 93 90

                     10

                     0305 10 00

                     20

                     0305 31 00

                     10

                     0305 44 90

                     10

                     0305 52 00

                     10

                     0305 64 00

                     10


title: Commission Implementing Regulation (EU) 2017/1963 of 9 August 2017 amending Implementing Regulation (EU) No 615/2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council in respect of work programmes to support the olive oil and table olives sectors

text:
                  28.10.2017

                  EN

                  Official Journal of the European Union

                  L 279/30

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1963
      of 9 August 2017
      amending Implementing Regulation (EU) No 615/2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council in respect of work programmes to support the olive oil and table olives sectors
      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, Articles 57(2), 58(4), 62(2) and 66(4) thereof,
      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 (2), and in particular Article 31 thereof,
      Whereas:

                  (1)

                  In the light of the experience gained during the implementation of the 3-year work programmes that started on 1 April 2015, certain provisions of Commission Implementing Regulation (EU) No 615/2014 (3) should be simplified or clarified. At the same time, it is appropriate to further limit the administrative burden for operators and the national administrations.

                  (2)

                  As the year of implementation of the work programmes starts on 1 April, in the context of amendments to approved work programmes in the event of a merger of beneficiary organisations, the separate work programmes of the merging beneficiary organisations should be operated in parallel until the start of the year of implementation that follows the year of implementation in which the merger occurred. In the same context, certain conditions to accept amendments to work programme measures should be adapted to make clear that the budget allocated to the area concerned remains stable.

                  (3)

                  In order to better match the applications for advance payment to the liquidity of the beneficiary, Member States should have the possibility to allow beneficiary organisations to submit applications for advance payments during the implementation of the 3-year work programme.

                  (4)

                  A minimum amount for the security to be lodged when submitting an application for approval of a work programme should be laid down in order to ensure the implementation of the approved work programme. The rules on releasing the security related to advances before the end of each year of implementation of the work programme should be more flexible and aligned with the rules relating to the payment of EU funding.

                  (5)

                  Taking into account that the main objective of having strict deadlines for submitting a payment application is to respect the annual budget life-cycle, Member States should have more flexibility when fixing the deadline to lodge an application for payment as long as payments are made by the Member States by 15 October of the calendar year in which the year of implementation of the work programme ends.

                  (6)

                  To prevent liquidity difficulties, a system of partial payments during each year of implementation of the work programme should be provided for the reimbursement of expenditure already incurred.

                  (7)

                  For the sake of simplification, it should be possible to carry out the verification of the compliance with the conditions for the recognition of beneficiaries on the basis of documents only.

                  (8)

                  Finally, some dates for notifying the Commission of certain information and cross-references between certain provisions of Implementing Regulation (EU) No 615/2014 should be expressed in a clearer way.

                  (9)

                  Implementing Regulation (EU) No 615/2014 should therefore be amended accordingly.

                  (10)

                  Work programmes approved before 1 April 2018 should continue to be governed by the provisions of Implementing Regulation (EU) No 615/2014 applicable at the time of their approval until those programmes come to an end.

                  (11)

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

            HAS ADOPTED THIS REGULATION:
      Article 1
      Implementing Regulation (EU) No 615/2014 is amended as follows:

                  (1)

                  Article 2 is amended as follows:

                              (a)

                              in paragraph 3, the first subparagraph is replaced by the following:
                              ‘In the event of a merger, beneficiary organisations that were previously carrying out separate work programmes shall operate the separate programmes in parallel until 31 March of the year following the merger.’;

                              (b)

                              in paragraph 6, points (c) and (d) are replaced by the following:

                                          ‘(c)

                                          the budget allocated to the area concerned as referred to in Article 3(1) of Delegated Regulation (EU) No 611/2014 remains stable;

                                          (d)

                                          the transfer of budget from the measure in question to other measures in the area concerned does not exceed EUR 40 000.’;

                  (2)

                  Articles 3 and 4 are replaced by the following:
                  ‘Article 3
                  Advance payments
                  1.   A beneficiary organisation may submit applications for advance payments by dates to be laid down by the Member State.
                  2.   The total advances paid for a given year of implementation of a work programme may not exceed 90 % of the initially approved amount of aid for that work programme.
                  3.   Member State may set a minimum amount for advances and the deadlines for the payment of advances.
                  Article 4
                  Securities to be lodged
                  1.   The security referred to in Article 7(3)(g) of Delegated Regulation (EU) No 611/2014 shall be at least 10 % of the Union financing applied for.
                  2.   Advances referred to in Article 3 shall be paid subject to the lodging of a security in accordance with Chapter IV of Commission Delegated Regulation (EU) No 907/2014 (*1). The amount of the security shall be equal to 110 % of the advance.
                  3.   Before a date to be stipulated by the Member State and at the latest before the end of each year of implementation of the work programme, beneficiary organisations may lodge with the Member State concerned a request for the release of the security referred to in paragraph 2. In addition to the documents referred to in Article 5(2)(b) and (c), the request shall be accompanied by a detailed description of the stages of the work programme that have been implemented, broken down by areas and measures as detailed in Article 3 of Delegated Regulation (EU) No 611/2014. The Member State shall check those documents and release the security corresponding to the expenditure concerned no later than in the course of the second month following that in which the application is lodged.

                     (*1)  Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).’;"

                  (3)

                  Article 5 is amended as follows:

                              (a)

                              paragraph 1 is replaced by the following:
                              ‘1.   For the purposes of payment of EU financing under Article 29(2) of Regulation (EU) No 1308/2013, a beneficiary organisation shall lodge an application for financing with the paying agency of the Member State in the calendar year in which the year of implementation of the work programme ends and at the latest by a date to be determined by the Member State allowing to comply with paragraph 5.
                              The paying agency of the Member State may pay beneficiary organisations the balance of EU financing corresponding to each year of implementation of the work programme after checking, on the basis of the annual report referred to in Article 9 or the inspection report referred to in Article 7, that the measures corresponding to each instalment of the advance referred to in Article 3 have actually been carried out.’;

                              (b)

                              in paragraph 5, the first sentence is replaced by the following:
                              ‘No later than 15 October of the calendar year in which the year of implementation of the work programme ends and once it has carried out the examination of the supporting documents and the checks referred to in Article 6, the Member State shall pay the EU financing that is due and, as appropriate, release the security referred to in Article 4(2).’;

                  (4)

                  the following Article 5a is inserted:
                  ‘Article 5a
                  Partial payments
                  1.   Member States may permit beneficiary organisations to apply for the payment of the part of the aid corresponding to the amounts already spent under the work programme.
                  2.   The applications referred to in paragraph 1 may be submitted at any time, but no more than twice each year of implementation of the work programme. In addition to the documents referred to in Article 5(2)(b) and (c), applications shall be accompanied by a detailed description of the stages of the work programme that have been implemented, broken down by areas and measures as detailed in Article 3 of Delegated Regulation (EU) No 611/2014.
                  3.   Payments in respect of the applications referred to in paragraph 1 shall not exceed 80 % of the part of the aid corresponding to the amounts already spent under the work programme for the period concerned. Member States may set a minimum amount for partial payments and deadlines for the submission of applications.’;

                  (5)

                  in Article 6, the following paragraph 6 is added:
                  ‘6.   Member States may carry out the verification of the compliance with the conditions for the recognition of beneficiaries as referred to in paragraph 1(a) on the basis of documents only.’;

                  (6)

                  Article 10 is amended as follows:

                              (a)

                              paragraph 1 is amended as follows:

                                          (i)

                                          the introductory phrase is replaced by the following:
                                          ‘At the latest by 31 January before the start of the new 3-year work programme, the competent authorities shall notify the Commission of the national measures implementing this Regulation, and in particular those relating to:’;

                                          (ii)

                                          points (c) and (d) are replaced by the following:

                                                      ‘(c)

                                                      the minimum allocation of Union funding to specific areas referred to in Article 5 of Delegated Regulation (EU) No 611/2014, the goals and priorities of the olive sector referred to in Article 6(1)(a) of that Delegated Regulation and the quantitative and qualitative indicators referred to in Article 7(3)(f) of that Delegated Regulation;

                                                      (d)

                                                      the dates referred to in Articles 5(1) and 5a(3) of this Regulation;’;

                              (b)

                              in paragraph 3, the introductory phrase is replaced by the following:
                              ‘No later than 20 October following each year of implementation of the work programme, the competent authorities shall transmit to the Commission a report on the implementation of this Regulation comprising at least the following information:’.

            Article 2
      This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
      It shall apply to work programmes that will start from 1 April 2018 and their approval processes.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 9 August 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 347, 20.12.2013, p. 549.

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

         (3)  Commission Implementing Regulation (EU) No 615/2014 of 6 June 2014 laying down detailed rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council and Regulation (EU) No 1308/2013 of the European Parliament and of the Council in respect of work programmes to support the olive oil and table olives sectors (OJ L 168, 7.6.2014, p. 95).


title: Commission Implementing Regulation (EU) 2017/1945 of 19 June 2017 laying down implementing technical standards with regard to notifications by and to applicant and authorised investment firms according to Directive 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance. )

text:
                  26.10.2017

                  EN

                  Official Journal of the European Union

                  L 276/22

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1945
      of 19 June 2017
      laying down implementing technical standards with regard to notifications by and to applicant and authorised investment firms according to Directive 2014/65/EU of the European Parliament and of the Council
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments amending Directive 2002/92/EC and Directive 2011/61/EU (1), and in particular the third subparagraph of Article 7(5) thereof,
      Whereas:

                  (1)

                  It is appropriate to set out common standard forms, templates and procedures to ensure a uniform mechanism by which Member States' competent authorities effectively exercise their powers in respect of the authorisation of firms for the provision of investment services, investment activities and, where relevant, of ancillary services.

                  (2)

                  To facilitate communication between an applicant seeking authorisation as an investment firm in accordance with Title II of Directive 2014/65/EU and the competent authority, competent authorities should designate a contact point specifically for the purpose of the application process and should publish the information on the contact point on their website.

                  (3)

                  In order to allow competent authorities to assess whether changes to the management body of the firm may pose a threat to the effective, sound and prudent management of the firm, and to adequately take into consideration the interests of its clients and the integrity of the market, clear time limits should be defined for the submission of information on those changes.

                  (4)

                  Firms should however be exempted from the requirement to submit information on changes to the management body before that change takes effect where the change is due to factors not within the control of the firm, such as in the case of the death of a management body member. Under those circumstances, firms should be allowed to notify the competent authority within 10 working days after the change.

                  (5)

                  Directive 95/46/EC of the European Parliament and of the Council (2) applies to the processing of personal data by the Member States in the application of this Regulation.

                  (6)

                  This Regulation is based on the draft implementing technical standards submitted by the European Securities and Markets Authority (ESMA) to the Commission.

                  (7)

                  ESMA has conducted open public consultations, analysed the potential related costs and benefits and requested the opinion of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (3),

            HAS ADOPTED THIS REGULATION:
      Article 1
      Designation of a contact point
      Competent authorities shall designate a contact point for handling all information received from applicants seeking authorisation as an investment firm in accordance to Title II of Directive 2014/65/EU. The contact details on the designated contact point shall be made public and regularly updated on the competent authorities' websites.
      Article 2
      Submission of the application
      1.   An applicant seeking authorisation as an investment firm in accordance with Title II of Directive 2014/65/EU shall submit to the competent authority its application by filling in the template set out in Annex I.
      2.   The applicant shall notify the competent authority of the information on all members of its management body by filling in the template set out in Annex II.
      Article 3
      Receipt of the application form and acknowledgement of receipt
      Within 10 working days from the receipt of the application, the competent authority shall send an acknowledgement of receipt to the applicant, including the contact details of the designated contact point as referred to in Article 1.
      Article 4
      Request of additional information
      Where additional information is required to proceed with the assessment of the application, the competent authority shall send a request to the applicant indicating the information to be provided.
      Article 5
      Notification of changes to the membership of the management body
      1.   An investment firm shall notify the competent authority of any change to the membership of its management body before such change takes effect.
      Where, for substantiated reasons, it is not possible to make the notification before that change takes effect, it shall be made within 10 working days after the change.
      2.   The investment firm shall provide the information on the change referred to in paragraph 1 in the format set out in Annex III.
      Article 6
      Communication of the decision
      The competent authority shall inform the applicant of its decision to grant or not the authorisation in paper form, by electronic means or both, within the 6-month period referred to in Article 7(3) of Directive 2014/65/EU.
      Article 7
      Entry into force and application
      This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
      It shall apply from 3 January 2018.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 19 June 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 173, 12.6.2014, p. 349.

         (2)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

         (3)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

         ANNEX I

            Application Form for authorisation as an Investment Firm

         Text of image

            Reference number:
            Date:
            FROM:
            Name of the applicant:
            Address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            TO:
            Member State:
            Competent Authority:
            Address:
            (Contact details of the designated contact point)
            Address:
            Telephone:
            Email:
            Dear [insert appropriate name]
            In accordance with Article 2 of the Commission Implementing Regulation (EU) 2017/1945 laying down implementing technical standards with regard to standard forms, templates and procedures for notification or provision of information provided for in Article 7(5) of Directive 2014/65/EU to ensure uniform conditions of application of Article 7(2) of that Directive, kindly find attached the authorisation application.

         Text of image

            — Person in charge of preparing the application:
            Name:
            Status/position:
            Telephone:
            Fax (if available):
            Email:
            — Nature of the application (tick the relevant box):
            Authorisation
            Change to the authorisation already obtained
            CONTENT
            General information on the applicant firm
            [please insert the information referred to under Article 1 of Commission Delegated Regulation (EU) 2017/1943 of the European Parliament and of the Council of 14 July 2016 supplementing Directive 2014/65/EU with regard to regulatory technical standards on information and requirements for the authorisation of investment firms. Please set out that information here or make reference to the relevant annexes containing the information]
            Information on the capital
            [please insert the information referred to under Article 2 of Delegated Regulation (EU) 2017/1943. Please set out that information here or make reference to the relevant annexes containing the information]
            Information on the shareholders
            [please insert the information referred to under Article 3 of Delegated Regulation (EU) 2017/1943. Please set out that information here or make reference to the relevant annexes containing the information]
            Information on the management body and persons directing the business
            [please insert the information referred to under Article 4 of Delegated Regulation (EU) 2017/1943. Please set out that information here or make reference to the relevant annexes containing the information]
            Financial information
            [please insert the information referred to under Article 5 of Delegated Regulation (EU) 2017/1943. Please set out that information here or make reference to the relevant annexes containing the information]
            Information on the organisation
            [please insert the information referred to under Article 6 of Delegated Regulation (EU) 2017/1943. Please set out that information here or make reference to the relevant annexes containing the information]

         ANNEX II

            List of members of the management body

         Text of image

            Reference number:
            Date:
            FROM:
            Name of the applicant:
            Address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            TO:
            Competent Authority:
            Address:
            (Contact details of the designated contact point if relevant)
            Address:
            Telephone:
            Email:
            Dear [insert appropriate name]
            In accordance with Article 2 of Commission Implementing Regulation (EU) 2017/1945 of 19 June 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for notification or provision of information provided for in Article 7(5) of Directive 2014/65/EU to ensure uniform conditions of application of Article 9(5) of that Directive, kindly find attached the notification request.

         Text of image

            — Person in charge of preparing the application:
            Name:
            Status/position:
            Telephone:
            Fax (if available):
            Email:
            Date:
            Signature:
            List of members of the management body
            Member 1
            Name
            Contact details (Telephone, email, address)
            Position
            Professional experience and other relevant experience
            Educational qualification and relevant training
            List of executive and non-executive directorships in other entities
            Effective date
            [Please set out that information here or provide an explanation of how it will be provided, or make reference to the relevant annexes containing the information]
            Member n
            Name
            Contact details (Telephone, email, address)
            Position
            Professional experience and other relevant experience
            Educational qualification and relevant training
            List of executive and non-executive directorships in other entities
            Effective date
            [Please set out that information here or provide an explanation of how it will be provided, or make reference to the relevant annexes containing the information]
            Please provide:
            — Minutes of the general meeting acting the nomination of the new member of the management body
            — Minutes of the general meeting of the management body acting the nomination of the new members.

         ANNEX III

            Notification of information on changes to the membership of the management body

         Text of image

            Reference number:
            Date:
            FROM:
            Name of the applicant:
            Address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            TO:
            Competent Authority:
            Address:
            (Contact details of the designated contact point if relevant)
            Address:
            Telephone:
            Email:
            Dear [insert appropriate name]
            In accordance with Article 4 of the Commission Implementing Regulation (EU) 2017/1945 of 19 June 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for notification or provision of information provided for in Article 7(5) of Directive 2014/65/EU to ensure uniform conditions of application of Article 9(5) of that Directive, kindly find attached the notification request.
            — Person in charge of preparing the application:
            Name:
            Status/position:
            Telephone:
            Fax (if available):
            Email:

         Text of image

            Information on member(s) leaving the management body
            Member 1
            Name
            Contact details (Telephone, email, address)
            Position
            Effective date of departure from management body
            Reasons for the departure from management body
            Member 2
            Name
            Contact details (Telephone, email, address)
            Position
            Effective date of departure from management body
            Reasons for the departure from management body
            Member n
            Name
            Contact details (Telephone, email, address)
            Position
            Effective date of departure from management body
            Reasons for the departure from management body
            Information on new member(s) of the management body
            Member 1
            Name
            Contact details (Telephone, email, address)
            Position
            Professional experience and other relevant experience
            Educational qualification and relevant training
            List of executive and non-executive directorships in other entities
            Effective date
            [Please set out that information here or provide an explanation of how it will be provided, or make reference to the relevant annexes containing the information]
            Member n
            Name
            Contact details (Telephone, email, address)
            Position
            Professional experience and other relevant experience
            Educational qualification and relevant training
            List of executive and non-executive directorships in other entities

         Text of image

            Effective date
            [Please set out that information here or provide an explanation of how it will be provided, or make reference to the relevant annexes containing the information]
            Complete updated list of members of the management body
            Please provide:
            — Minutes of the general meeting acting the nomination of the new member of the management body.
            — Minutes of the general meeting of the management body acting the nomination of the new member.
            Name
            Position
            Effective date


title: Commission Implementing Regulation (EU) 2017/1944 of 13 June 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for the consultation process between relevant competent authorities in relation to the notification of a proposed acquisition of a qualifying holding in an investment firm in accordance with Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council (Text with EEA relevance. )

text:
                  26.10.2017

                  EN

                  Official Journal of the European Union

                  L 276/12

            COMMISSION IMPLEMENTING REGULATION (EU) 2017/1944
      of 13 June 2017
      laying down implementing technical standards with regard to standard forms, templates and procedures for the consultation process between relevant competent authorities in relation to the notification of a proposed acquisition of a qualifying holding in an investment firm in accordance with Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (1), and in particular the sixth subparagraph of Article 10a(8) thereof,
      Having regard to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (2), and in particular Article 12(9) thereof,
      Whereas:

                  (1)

                  It is appropriate to set out common standard forms, templates and procedures to ensure the accurate assessment by Member States' competent authorities of notifications of proposed acquisitions or increases of qualifying holdings in an investment firm. In those cases, the relevant competent authorities should consult and provide each other with any essential or relevant information.

                  (2)

                  To facilitate the cooperation between them and ensure efficiency in their exchange of information, competent authorities designated in accordance with Article 48 of Directive 2004/39/EC should designate contact persons specifically for the purpose of the consultation process provided for in Article 10(4) of Directive 2004/39/EC and a centralised list of those contact persons should be maintained by the European Securities and Markets Authority (ESMA).

                  (3)

                  Consultation procedures containing clear timing constraints should be set up in order to ensure the timely and efficient cooperation between competent authorities. A clear cooperation procedure should include a preliminary notice to be sent by the requesting authority to the requested authority, to inform the requested authority of the ongoing assessment.

                  (4)

                  The procedures should also aim at ensuring that competent authorities cooperate and work towards the improvement of the process by promoting the exchange of feedback on the quality and relevance of the information received.

                  (5)

                  Any exchange or transmission of information between competent authorities, other authorities, bodies or persons should be in accordance with the rules on personal data as laid down in Directive 95/46/EC of the European Parliament and of the Council (3).

                  (6)

                  Regulation (EC) No 45/2001 of the European Parliament and of the Council (4) applies to the processing of personal data by ESMA in the application of this Regulation.

                  (7)

                  This Regulation is based on the draft implementing technical standards submitted by ESMA to the Commission.

                  (8)

                  ESMA did not publicly consult or analyse the potential related costs and benefits of introducing the standard forms, templates and procedures for the consultation process between relevant competent authorities, as this was considered disproportionate in relation to their scope and impact.

                  (9)

                  Directive 2014/65/EU entered into force on 2 July 2014. Article 12(9) of Directive 2014/65/EU replaces Article 10a(8) of Directive 2004/39/EC and contains empowerments to ESMA for the development of implementing technical standards which are identical to those provided for under Article 10a(8) of Directive 2004/39/EC. Furthermore, the content of Articles 10b(4) and Article 10(4) of Directive 2004/39/EC is also identical to the content of Article 13(4) and Article 11(2) of Directive 2014/65/EU. In accordance with Article 94(1) of Directive 2014/65/EU, Directive 2004/39/EC will be repealed with effect from 3 January 2017. The adoption of the technical standards by the Commission in accordance with Article 10a(8) of Directive 2004/39/EC should also be considered in compliance with Article 12(8) of Directive 2014/65/EU with the consequence that the technical standard will continue to apply after 3 January 2018 without the need for further amendment,

            HAS ADOPTED THIS REGULATION:
      Article 1
      Subject matter
      This Regulation lays down the standard forms, templates and procedures for the exchange of information during the consultation process between the competent authority of the target entity (the ‘requesting authority’), and the competent authority of the proposed acquirer or of an authorised entity which is either a subsidiary of or controlled by the proposed acquirer (the ‘requested authority’).
      Article 2
      Designated contact persons
      1.   Competent authorities designated in accordance with Article 48 of Directive 2004/39/EC shall designate contact persons for communication for the purposes of this Regulation and shall notify ESMA of those persons.
      2.   ESMA shall maintain and update the list of the designated contact persons for the use of the competent authorities as referred to in paragraph 1.
      Article 3
      Preliminary notice
      1.   A requesting authority shall send a preliminary notice to the requested authority within three working days of the receipt of a notification by the proposed acquirer in accordance with Article 10(3) of Directive 2004/39/EC.
      2.   The requesting authority shall send the preliminary notice by completing the template set out in Annex I and shall include all the information set out therein.
      Article 4
      Consultation notice
      1.   The requesting authority shall send a consultation notice to the requested authority as soon as possible after receipt of a notification by the proposed acquirer in accordance with Article 10(3) of Directive 2004/39/EC and not later than 20 working days after receipt of such notification.
      2.   The requesting authority shall send the consultation notice referred to in paragraph 1 in writing by post, facsimile or secure electronic means, and address it to the designated contact person of the requested authority unless otherwise specified by the requested authority in its reply to the preliminary notice referred to in Article 3.
      3.   The requesting authority shall send the consultation notice referred to in paragraph 1 by completing the template set out in Annex II, identifying in particular issues relating to the confidentiality of information that may be obtained by the requesting authority, and specifying details of the relevant information that the requesting authority asks from the requested authority.
      Article 5
      Acknowledgement of receipt of a consultation notice
      The requested authority shall send an acknowledgement of receipt of a consultation notice, within two working days of receiving it, including any additional contact details of its designated contact person and, where possible, an estimated date of response.
      Article 6
      Response from a requested authority
      1.   A response to a consultation notice shall be made in writing by post, facsimile or secure electronic means. It shall be addressed to the designated contact persons unless otherwise specified by the requesting authority.
      2.   The requested authority shall provide the requesting authority with the following information as soon as possible and not later than 20 working days of receipt of the consultation notice:

                  (a)

                  the relevant information requested in the consultation notice, including any views or reservations in relation to the acquisition by the proposed acquirer;

                  (b)

                  any other essential information that may influence the assessment, on its own initiative.

            3.   Where the requested authority is not able to meet the time limit set out in paragraph 2, it shall inform the requesting authority of this circumstance, indicating the reasons for the delay and an estimated date of response. The requested authority shall provide regular feedback on the progress made to provide the information requested.
      4.   In providing information in accordance with paragraph 2, the requested authority shall use the template set out in Annex III.
      Article 7
      Procedures for consultation
      1.   The requesting authority and the requested authority shall communicate in relation to a consultation notice and the response using the most expedient means from among those set out in Article 4(2) and Article 6(1), taking due account of confidentiality considerations, correspondence times, the volume of material to be communicated and the ease of access to the information by the requesting authority. The requesting authority shall respond promptly to any clarifications requested by the requested authority.
      2.   Where the information requested is or may be held by an authority of the same Member State other than the requested authority, the requested authority shall collect the information promptly and transmit it to the requesting authority in accordance with Article 6.
      3.   The requested authority and the requesting authority shall cooperate to resolve any difficulties that may arise in executing a request, including resolving any cost issues if the costs of providing assistance are estimated to be excessive for the requested authority.
      4.   Where new information or a need for further information arises during the assessment period, the requesting authority and the requested authority shall cooperate to ensure that all additional relevant information is exchanged in accordance with this Regulation.
      5.   By way of derogation from Article 4(2) and Article 6(1), where information is being exchanged within the last 15 working days before the end of the assessment period referred to in the second subparagraph of Article 10a(1) of Directive 2004/39/EC, it may be provided verbally. In those cases, that information shall subsequently be confirmed in accordance with Article 4(2) and Article 6(1) unless the competent authorities involved agree otherwise.
      6.   The requested authority and the requesting authority shall provide feedback to each other on the outcome of the assessment in relation to which the consultation occurred and, where appropriate, on the usefulness of information or other assistance received or any problems encountered in providing such assistance or information.
      Article 8
      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, 13 June 2017.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 145, 30.4.2004, p. 1.

         (2)  OJ L 173, 12.6.2014, p. 349.

         (3)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

         (4)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

         ANNEX I

            Preliminary notice template

         (Article 3 of Commission Implementing Regulation (EU) 2017/1944)
         Text of image

            Preliminary notice
            Reference number:
            Date:
            General information
            FROM:
            Member State:
            Requesting Authority:
            Legal address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            TO:
            Member State:
            Requested Authority:
            Legal address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            Dear [insert appropriate name]
            In accordance with Article 3 of Commission Implementing Regulation (EU) 2017/1944 of 13 June 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for the consultation process between relevant competent authorities in relation to the notification of a proposed acquisition of a qualifying holding in an investment firm in accordance with Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council, a preliminary notice is made in relation to the matters set out in further detail below.
            Information on the proposed acquisition
            Identity of the proposed acquirer:
            [for natural persons, please include the information referred to in Article 3(1)(a) of Commission Delegated Regulation (EU) 2017/1946 of 11 July 2017 supplementing Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for an exhaustive list of information to be included by proposed acquirers in the notification of a proposed acquisition of a qualifying holding in an investment firm; for legal persons, please include the information referred to in Article 3(2)(a) of Delegated Regulation (EU) 2017/1946.]

         Text of image

            Name of relevant authorised entity(/ies) in the requested authority’s Member State and relationship to proposed acquirer:
            [where the proposed acquirer is an authorised entity as referred to in Article 10(4)(a) of Directive 2004/39/EC, the name of the proposed acquirer is sufficient. Where the proposed acquirer falls under one of the categories defined under Article 10(4)(b) or (c) of Directive 2004/39/EC it is also necessary to explain the relationship of the proposed acquirer to the relevant authorised entity established in the requested authority’s Member State]
            Identity of the target entity:
            [please insert the information referred to under Article 7(a) of Commission Delegated Regulation (EU) 2017/1946 of 11 July 2017 supplementing Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for an exhaustive list of information to be included by proposed acquirers in the notification of a proposed acquisition of a qualifying holding in an investment firm]
            Size of the current and intended holding of the proposed acquirer in the target entity:
            [please insert the information referred to under Article 7(c)(i), (ii) and (iii) of Commission Delegated Regulation (EU) 2017/1946 of 11 July 2017 supplementing Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for an exhaustive list of information to be included by proposed acquirers in the notification of a proposed acquisition of a qualifying holding in an investment firm]
            Please note that the assessment procedure (*) will expire on [insert date]. We will communicate further the consultation notice, which will contain all essential information on the proposed acquisition, and it will include any relevant information that we would like to receive. However, in the meantime, if you are aware of any essential information in relation to the acquisition, or if you have any views or reservations, we would be grateful if you could provide them at the earliest opportunity and at the latest within 20 working days of receipt of the consultation notice that will follow this preliminary notice.
            (*) In accordance with second subparagraph of Article 10a(1) of Directive 2004/39/EC.
            Yours sincerely,
            [signature]

         ANNEX II

            Consultation notice template

         (Article 4 of Commission Implementing Regulation (EU) 2017/1944)
         Text of image

            Consultation notice
            Reference number:
            Date:
            General information
            FROM:
            Member State:
            Requesting Authority:
            Legal address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            TO:
            Member State:
            Requested Authority:
            Legal address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            Dear [insert appropriate name]
            In accordance with Article 4 of the Commission Implementing Regulation (EU) 2017/1944 of 13 June 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for the consultation process between relevant competent authorities in relation to the notification of a proposed acquisition of a qualifying holding in an investment firm in accordance with Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council, a consultation notice is made in relation to the matters set out in further detail below.
            Please note that the assessment procedure (*) will expire on [insert date], therefore we would be grateful if you could provide the requested information and any other relevant and essential information by [20 working days from receipt of this letter] or, if that is not possible, an indication as to when you anticipate being in a position to provide the assistance which is sought, taking into account the mentioned deadline for the assessment procedure.
            (*) In accordance with second subparagraph of Article 10a(1) of Directive 2004/39/EC

         Text of image

            Information on the proposed acquisition
            Subject matter
            [please set out that information here or make reference to the relevant annexes containing the information]
            Details of the proposed acquisition
            [please set out that information here or make reference to the relevant annexes containing the information]
            Details of any other supervisory authorities involved
            [please set out that information here or make reference to the relevant annexes containing the information]
            Further to
            [if applicable, please insert details of the previous request in order to enable it to be identified]
            Type of assistance request
            Information sought [if any]:
            [please insert a detailed description of the specific information sought, including any relevant documents requested, with reasons why that information will be of assistance. Examples include:
            — The shareholding structure of the proposed acquirer or of the relevant authorised entity, and the main characteristics of its shareholders;
            — The most recent assessment of the suitability (fitness and propriety) of the proposed acquirer or of the relevant authorised entity;
            — The most recent assessment of the financial soundness of the proposed acquirer or of the relevant authorised entity, with related public or external audit reports (where relevant);
            — The most recent assessment by the requested authority of the quality of the management structure of the proposed acquirer or of the relevant authorised entity, and its administrative and accounting procedures, internal control systems, corporate governance, group structure etc.]
            Additional information provided by the requesting authority.
            [Whether the requesting authority has been or will be in contact with any other authority or law enforcement agency in the Member State of the requested authority in relation to the subject matter of the request or any other authority which the requesting authority is aware that has an active interest in the subject matter of the request]
            Yours sincerely,
            [signature]

         ANNEX III

            Response from requested authority template

         (Article 6 of Commission Implementing Regulation (EU) 2017/1944)
         Text of image

            Response from requested authority
            Reference number:
            Date:
            General information
            FROM:
            Member State:
            Requested Authority:
            Legal address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            TO:
            Member State:
            Requesting Authority:
            Legal address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            Email:
            Dear [insert appropriate name]
            In accordance with Article 6 of the Commission Implementing Regulation (EU) 2017/1944 of 13 June 2017 laying down implementing technical standards with regard to standard forms, templates and procedures for the consultation process between relevant competent authorities in relation to the notification of a proposed acquisition of a qualifying holding in an investment firm in accordance with Directives 2004/39/EC and 2014/65/EU of the European Parliament and of the Council, your consultation notice dated [dd.mm.yyyy] with reference [insert reference number] has been processed by us.
            Where applicable, please explain any doubt you have in relation to the precise information requested or to any other aspect of this assessment:

         Text of image

            If the information requested has been gathered, please set out that information here or provide an explanation of how it will be provided, or make reference to the relevant annexes containing the information requested:
            If there is any other relevant or essential information, please provide that information here or provide an explanation of how it will be provided, or make reference to the relevant annexes containing that information:
            Please provide, on your own initiative, any essential information that could materially influence the assessment, such as group structure or the most recent assessments of the financial soundness of the proposed acquirer or of the relevant authorised entity.
            Yours sincerely,
            [signature]


title: Commission Implementing Regulation (EU) 2017/1955 of 24 October 2017 amending Regulation (EC) No 1484/95 as regards fixing representative prices in the poultrymeat and egg sectors and for egg albumin

text:
               27.10.2017

               EN

               Official Journal of the European Union

               L 277/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2017/1955
   of 24 October 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, 24 October 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

                        107,5

                        0

                        AR

                        0207 12 90

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

                        102,1
                        172,4

                        5
                        0

                        AR
                        BR

                        0207 14 10

                        Fowls of the species Gallus domesticus, boneless cuts, frozen

                        243,1
                        212,5
                        296,9
                        229,1

                        17
                        26
                        1
                        21

                        AR
                        BR
                        CL
                        TH

                        0207 27 10

                        Turkeys, boneless cuts, frozen

                        340,6
                        401,7

                        0
                        0

                        BR
                        CL

                        0408 91 80

                        Eggs, not in shell, dried

                        352,1

                        0

                        AR

                        1602 32 11

                        Preparations of fowls of the species Gallus domesticus, uncooked

                        197,9

                        27

                        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”.