title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) No 180/2014 as regards certain provisions on checks, notifications and annual reporting and on amendments to the POSEI programmes

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 28.6.2018

               amending Implementing Regulation (EU) No 180/2014 as regards certain provisions on checks, notifications and annual reporting and on amendments to the POSEI programmes

               THE EUROPEAN COMMISSION,

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

               Having regard to Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006
                  1
               , and in particular Article 6(2), the second paragraph of Article 8 and Articles 12(3) and 14(1) thereof,

               Whereas:

               (1)Experience gained with the application of Commission Implementing Regulation (EU) No 180/2014
                  2
                has shown that certain provisions relating to checks, notifications and annual reporting need to be clarified and simplified.

               (2)Articles 2, 3 and 5 of Implementing Regulation (EU) No 180/2014 lay down the provisions for the import licences, exemption certificates, aid certificates and payment relating to products imported from third countries or supplied from the Union. Article 4(1) of Commission Implementing Regulation (EU) 2016/1239
                  3
               makes the use of the Economic Operators Registration and Identification number (‘EORI number’) mandatory for import licences. It is appropriate to provide the same requirement for the import licences, exemption certificates and aid certificates covered by Articles 2, 3 and 5 of Implementing Regulation (EU) No 180/2014 respectively.

               (3)Article 8 of Implementing Regulation (EU) No 180/2014 contains the rules on the documents to be presented by operators and the validity of licences and certificates. It is appropriate to ease the electronic transmission of the accompanying documents of the licences and certificates.

               (4)Article 16 of Implementing Regulation (EU) No 180/2014 lays down the rules for the administrative and physical checks on the import, entry, export and dispatch of agricultural products. It is appropriate to separate the type of physical checks for import and entry from the type of physical checks for export and dispatch. The wording of that Article should make explicit the obligation of applying a representative sample when performing checks on export and dispatch operations provided for in Section 5 of that Regulation.

               (5)Article 22 of Implementing Regulation (EU) No 180/2014 provides the general principles for the checks in respect of aid applications for the measures to support local agricultural products. Taking into account the heterogeneity and different level of complexity of actions within the measures and to further ensure that all areas of expenditure are covered and represented in the sampling, it is necessary to specify that the competent authorities are to perform on-the-spot checks at the level of each action by sampling at least 5% of the aid applications. The sample should also represent at least 5% of the amounts covered by the aid for each action.

               (6)Article 24 of Implementing Regulation (EU) No 180/2014 provides the rules for the selection of aid applicants to be subject to on-the-spot checks. As in the outermost regions there might be a small number of applicants, Member States should have the possibility to select only one applicant.

               (7)Article 38(1) of Implementing Regulation (EU) No 180/2014 requires certain data relating to the specific supply arrangements balance to be notified at the end of each quarter of the year. That periodicity is burdensome and a notification only once per year is deemed sufficient.

               (8)Article 39 of Implementing Regulation (EU) No 180/2014 sets out the elements to be included in the annual reports on the implementation of the measures. In its report of 15 December 2016
                  4
                the Commission concluded that the reporting on the implementation of the POSEI programmes should be improved, particularly to better assess compliance with the objectives, including for specific supply arrangements, and to better describe the situation of the agricultural sector and its development, including price monitoring and the competitive position of local production with regard to imports. As it is also opportune to clarify the reporting obligations and provide a new structure of the annual reports, the relevant details should be specified in a new Annex to Implementing Regulation (EU) No 180/2014.

               (9)Article 40 of Implementing Regulation (EU) No 180/2014 sets out the procedures for amending the POSEI programmes. Taking into account the experience gained with its application, those procedures need to be simplified in order to ensure a more flexible and smoother adaptation to the actual conditions relating to the supply arrangements and the local agricultural conditions. Therefore, it is appropriate to require that amendments covered by Article 40(1) and (2) of that Regulation be presented at the same time by 31 July.

               (10)In general, amendments to POSEI programmes do not need formal approval by the Commission. It is appropriate to revise the wording of Article 40(1) of Implementing Regulation (EU) No 180/2014 in order to express that principle in a more explicit way.

               (11)However, "major" amendments to the programmes covered by Article 40(2) of Implementing Regulation (EU) No 180/2014 do need formal approval by the Commission. On the basis of the experience with that procedure, it is necessary to extend the deadline for approval to five months after the notification of the amendment. In addition, in order to simplify the procedure, the formal approval by the Commission should be limited to the first two cases currently covered by that provision.

               (12)Article 40(3) of Implementing Regulation (EU) No 180/2014 concerns "minor" amendments. To ease the financial adjustment procedure within the Member States, the deadline for the notification of adjustments up to 20% of the financial allocation should be extended to 31 May.

               (13)Finally, the definition of "measure" in Article 40(5)(a) of Implementing Regulation (EU) No 180/2014 should be simplified.

               (14)Several Commission regulations have been repealed and replaced by delegated and implementing regulations. For reasons of clarity and legal certainty, it is appropriate to update the references to those regulations. In particular, as regards the system of import and export licences, references to Commission Regulation (EC) No 376/2008
                  5
                should be replaced by references to Commission Delegated Regulation (EU) 2016/1237
                  6
                and Implementing Regulation (EU) 2016/1239.

               (15)As regards the notifications to the Commission, references to Commission Regulation (EC) No 792/2009
                  7
                should be replaced by references to Commission Delegated Regulation (EU) 2017/1183
                  8
                and Commission Implementing Regulation (EU) 2017/1185
                  9
               .

               (16)As regards the rules based on Regulation (EU) No 1306/2013 of the European Parliament and of the Council
                  10
                references to Commission Regulation (EC) No 1122/2009
                  11
                should be replaced by references to Commission Delegated Regulation (EU) No 640/2014
                  12
                and Commission Implementing Regulation (EU) No 809/2014
                  13
               .

               (17)As regards provisions relating to the Union Customs Code, references to Commission Regulation (EEC) No 2454/93
                  14
                should be replaced by references to Regulation (EU) No 952/2013 of the European Parliament and of the Council
                  15
                to Commission Delegated Regulation (EU) 2015/2446
                  16
                or to Commission Implementing Regulation (EU) 2015/2447
                  17
               .

               (18)Implementing Regulation (EU) No 180/2014 should therefore be amended accordingly.

               (19)The measures provided for in this Regulation are in accordance with the opinion of the Committee for Direct Payments,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) No 180/2014 is amended as follows:

               (1)Article 2 is amended as follows:

               (a)paragraph 2 is replaced by the following:

               "2. Import licences shall be drawn up in accordance with the specimen set out in Annex I to Commission Implementing Regulation (EU) 2016/1239*.

               Article 4 of Commission Delegated Regulation (EU) 2016/1237** and Articles 2 and 3, Article 4(1), Article 5 and 7 and 13 to 16 of Implementing Regulation (EU) 2016/1239 shall apply mutatis mutandis, without prejudice to this Regulation.

                  The negative tolerance provided for in Article 5(4) of Delegated Regulation (EU) 2016/1237 and Article 8(1) of Implementing Regulation (EU) 2016/1239 shall apply mutatis mutandis.

               * Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44).

               ** Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 (OJ L 206, 30.7.2016, p. 1).";

               (b) paragraph 6 is replaced by the following:

               "6. Import duties shall be levied on quantities which exceed those stated on the import licence. The positive tolerance of 5 % provided for in Article 5(4) of Delegated Regulation (EU) 2016/1237 and Article 8(1) of Implementing Regulation (EU) 2016/1239 shall apply, provided that the import duties relating thereto are paid.";

               (2)in Article 3, paragraph 2 is replaced by the following:

               "2. Exemption certificates shall be drawn up on the basis of the specimen import licence set out in Annex I to Implementing Regulation (EU) 2016/1239.

               Article 4 of Delegated Regulation (EU) 2016/1237 and Articles 2 and 3, Article 4(1), Articles 5 and 7 and 13 to 16 of Implementing Regulation (EU) 2016/1239 shall apply mutatis mutandis, without prejudice to this Regulation.

               The negative tolerance provided for in Article 5(4) of Delegated Regulation (EU) 2016/1237 and Article 8(1) of Implementing Regulation (EU) 2016/1239 shall apply mutatis mutandis.";

               (3)in Article 5, paragraph 2 is replaced by the following:

               "2. Aid certificates shall be drawn up on the basis of the specimen import licence set out in Annex I to Implementing Regulation (EU) 2016/1239.

               Article 4 of Delegated Regulation (EU) 2016/1237 and Articles 2 and 3, Article 4(1), Articles 5 and 7 and 13 to 16 of Implementing Regulation (EU) 2016/1239 shall apply mutatis mutandis, without prejudice to this Regulation.

               The negative tolerance provided for in Article 5(4) of Delegated Regulation (EU) 2016/1237 and Article 8(1) of Implementing Regulation (EU) 2016/1239 shall apply mutatis mutandis.";

               (4)Article 8(1) is amended as follows:

               (a)the first subparagraph is amended as follows:

               (i) the introductory sentence is replaced by the following:

               "1. Subject to Articles 2(5), 3(6), 5(7) and Articles 11 and 12, the competent authorities shall accept the import licence, exemption certificate or aid certificate application presented by operators for each consignment. Those applications shall be accompanied by the original or a certified copy of the purchase invoice and the original, a certified copy or an authenticated electronic equivalent of the following documents:";

               (ii) point (b) is replaced by the following:

               "(b)regarding the aid certificate:

               (i) the means of proof of the customs status of Union goods referred to in Article 199(1)(b) of Commission Implementing Regulation (EU) 2015/2447*; or

               (ii) a declaration type CO pursuant to Chapters 2 and 3 of Title VIII of Commission Delegated Regulation (EU) 2015/2446** in accordance with data elements No 1/1, 1/2 and 1/3 referred to in the data requirements table set out in Section 1 of Chapter 3 of Title I of Annex B to that Regulation.

               * 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).

               ** Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).";

               (b)the second subparagraph is replaced by the following:

               "Those accompanying documents may take the form of an electronic message. In case the verifying competent authority has no access to the IT system managing and producing such electronic document, it shall be replaced by a duly certified true copy or its authenticated electronic equivalent print-out.";

               (5)in Article 12, the third paragraph is replaced by the following:

                  "The notification referred to in this Article shall be made in accordance with Commission Delegated Regulation (EU) 2017/1183* and Commission Implementing Regulation (EU) 2017/1185**.

               * Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).

               ** Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).";

               (6)in Article 16, paragraph 2 is replaced by the following:

               "2. The physical checks carried out in the outermost region concerned on the import or entry of agricultural products shall involve a representative sample amounting to at least 5 % of the licences and certificates presented in accordance with Article 9.

               The physical checks carried out in the outermost region concerned on the export or dispatch provided for in Section 5 shall involve a representative sample of at least 5 % of the operations, based on the risk profiles established by the Member States.

               Commission Regulation (EC) No 1276/2008* shall apply mutatis mutandis to those physical checks.

               In addition, in special cases the Commission may request that physical checks cover different percentages.

               * Commission Regulation (EC) No 1276/2008 of 17 December 2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts (OJ L 339, 18.12.2008, p. 53).";

               (7)in Article 22, the third paragraph is replaced by the following:

               "On the basis of a risk analysis in accordance with Article 24(1) of this Regulation, the competent authorities shall perform on-the-spot checks by sampling, for each action, at least 5 % of aid applications. The sample shall also represent at least 5 % of the amounts covered by the aid for each action.";

               (8)in the second subparagraph of Article 24(1), the following sentence is added:

               "When the minimum number of aid applicants to be subjected to on-the-spot checks is lower than 12, Member States shall randomly select at least one applicant.";

               (9)Articles 28 and 29 are replaced by the following:

               "Article 28

               Recovery of undue payments and penalties

               1.  In the event of undue payment, Article 7 of Commission Implementing Regulation (EU) No 809/2014*

                shall apply mutatis mutandis.

               2. Where the undue payment has been made as a result of a false declaration, false documents or serious negligence on the part of the aid applicant, a penalty shall be imposed equal to the amount unduly paid, with interest calculated in accordance with Article 7(2) of Implementing Regulation (EU) No 809/2014.

               Article 29

               Force majeure and exceptional circumstances

                  In cases of force majeure or exceptional circumstances within the meaning of Article 2(2) of Regulation (EU) No 1306/2013, Article 4 of Commission Delegated Regulation (EU) No 640/2014** shall apply mutatis mutandis.

               * Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

               ** Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ L 181, 20.6.2014, p. 48).";

               (10)in Article 32(3), the second subparagraph is replaced by the following:

               "The notification referred to in this paragraph shall be made in accordance with Delegated Regulation (EU) 2017/1183 and Implementing Regulation (EU) 2017/1185.";

               (11)in Article 35, paragraph 2 is replaced by the following:

                  "2. The competent authorities shall ensure that the products listed in Annex VII are used in compliance with the relevant Union rules, and in particular Articles 211, 214, 215, 218, 219 and 254 of Regulation (EU) No 952/2013 of the European Parliament and of the Council*, Articles 161 to 164, 171 to 175, 178, 179 and 239 of Delegated Regulation (EU) 2015/2446 and Articles 260 to 269 of Implementing Regulation (EU) 2015/2447.

               * Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).";

               (12)Article 38 is amended as follows:

               (a)paragraph 1 is amended as follows:

               (i)in the first subparagraph, the introductory sentence is replaced by the following:

               "1. As regards the specific supply arrangements, the competent authorities shall notify the Commission, no later than 31 May each year, of the following data relating to the operations carried out in the previous year with respect to the supply balance of the reference calendar year, broken down by product and CN code and, where applicable, by individual destination:";

               (ii)in the second subparagraph, the second sentence is deleted;

               (b)paragraphs 3 and 4 are replaced by the following:

               "3. The notifications referred to in this Article shall be made in accordance with Delegated Regulation (EU) 2017/1183 and Implementing Regulation (EU) 2017/1185.

               4. The notifications referred to in Article 23(3) and 32(1) of Regulation (EU) No 228/2013 shall also be made in accordance with Delegated Regulation (EU) 2017/1183 and Implementing Regulation (EU) 2017/1185.";

               (13)Article 39 is replaced by the following:

               "Article 39

               Annual report

               1. The structure and content of the annual report referred to in Article 32(2) of Regulation (EU) No 228/2013 shall be as set out in Annex IX to this Regulation.

               2. The report referred to in paragraph 1 shall be submitted to the Commission in accordance with Delegated Regulation (EU) 2017/1183 and Implementing Regulation (EU) 2017/1185.";

               (14)Article 40 is amended as follows:

               (a) paragraphs 1 and 2 are replaced by the following:

               "1.Amendments made to each POSEI programme shall be submitted by Member States to the Commission once per calendar year and per programme, except in cases of force majeure or exceptional circumstances. They shall be sent to the Commission no later than 31 July of the year prior to their application. The amendments shall be duly substantiated, in particular by giving the following information:

               (a)the reasons for any implementation problems justifying the amendment of the programme;

               (b)the expected effects of the amendment;

               (c)the implications for financing and eligibility conditions.

               The Commission shall inform the Member State if it considers that the amendments do not comply with Union legislation, in particular with Article 4 of Regulation (EU) No 228/2013, without prejudice to the Articles 51 and 52 of Regulation (EU) No 1306/2013.

               The amendments shall apply from 1 January of the year following that in which they were notified.  In case an earlier application is deemed necessary, such amendments may apply earlier, unless the Commission objects.

               2.By way of derogation from paragraph 1, the Commission shall evaluate separately the following amendments proposed by the Member States and decide on their approval within five months of their submission at the latest in accordance with the procedure referred to in Article 34(2) of Regulation (EU) No 228/2013:

               (a)the accession of a new outermost region;

               (b)the introduction into the general programme of new groups of products to be supported under the specific supply arrangements or of new measures to assist the local agricultural production.

               The amendments thus approved shall apply from 1 January of the year following that in which the proposal for an amendment was made or as from the date explicitly indicated in the approval decision.";

               (b) in paragraph 3, point (b) is replaced by the following:

                "(b)as regards all measures, adjustments up to 20 % of the financial allocation for each individual measure, without prejudice to the financial ceilings provided for in Article 30 of Regulation (EU) No 228/2013, on condition that such adjustments are notified not later than 31 May of the year following the calendar year to which the amended financial allocation refers; ";

               (c)in paragraph 5, point (a) is replaced by the following:

               "(a) ‘measure’ means the grouping of actions necessary to achieve one or more objectives for the programme constituting a line for which a financial allocation is defined in the financing table referred to in Article 5(a) of Regulation (EU) No 228/2013;";

                (d)paragraph 6 is replaced by the following:

               "6.The notifications referred to in this Article shall be made in accordance with Delegated Regulation (EU) 2017/1183 and Implementing Regulation (EU) 2017/1185.";

               Annex IX is added, the text of which is set out in the Annex to this Regulation.

               Article 2

               This Regulation shall enter into force on the third 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, 28.6.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 78, 20.3.2013, p. 23.

                     (2)

                        Commission Implementing Regulation (EU) No 180/2014 of 20 February 2014 laying down rules for the application of Regulation (EU) No 228/2013 of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (OJ L 63, 4.3.2014, p. 13).

                     (3)

                        Commission Implementing Regulation (EU) 2016/1239 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the system of import and export licences (OJ L 206, 30.7.2016, p. 44).

                     (4)

                        Report from the Commission to the European Parliament and the Council on the implementation of the scheme of specific measures for agriculture in favour of the outermost regions of the Union (POSEI) (COM(2016)797 final).

                     (5)

                     Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

                  (OJ L 114, 26.4.2008, p. 3).

                     (6)

                        Commission Delegated Regulation (EU) 2016/1237 of 18 May 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the rules for applying the system of import and export licences and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the rules on the release and forfeit of securities lodged for such licences, amending Commission Regulations (EC) No 2535/2001, (EC) No 1342/2003, (EC) No 2336/2003, (EC) No 951/2006, (EC) No 341/2007 and (EC) No 382/2008 and repealing Commission Regulations (EC) No 2390/98, (EC) No 1345/2005, (EC) No 376/2008 and (EC) No 507/2008 (OJ L 206, 30.7.2016, p. 1).

                     (7)

                        Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).

                     (8)

                        Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).

                     (9)

                        Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).

                     (10)

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

                     (11)

                        Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (OJ L 316, 2.12.2009, p. 65).

                     (12)

                        Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ L 181, 20.6.2014, p. 48).

                     (13)

                        Commission Implementing Regulation (EU) No 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance (OJ L 227, 31.7.2014, p. 69).

                     (14)

                        Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

                     (15)

                        Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

                     (16)

                        Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

                     (17)

                        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).

    ---documentbreak---

               EN

               ANNEX

               “Annex IX

               Structure and content of the annual report referred to in Article 39

               The structure and content of the report over the previous year shall be as follows:

               1.
                     GENERAL CONTEXT IN THE PREVIOUS YEAR

               1.1.
                     Socio-economic context.

               1.2.
                     Situation of agriculture and its development.

               2.
                     PHYSICAL AND FINANCIAL IMPLEMENTATION OF THE MEASURES AND ACTIONS

               2.1.
                     Overall table with financial data concerning support for local production and specific supply arrangements, including initial allocation per measure and action, as well as actual spending and, if relevant, any State aid provided in accordance with Article 23 of Regulation (EU) No 228/2013.

               2.2.
                     Comprehensive description of the physical and financial implementation of each measure and action, including technical assistance, comprised in the programme:

               (a)
                     for the specific supply arrangements: data and analysis of the annual supply balance of the region concerned;

               (b)
                     for the support for local production: data and analysis of the physical and financial implementation of each measure and action listed in the programme including such data as the number of beneficiaries, the number of animals covered by the payment, the eligible surface area and/or the number of holdings concerned. Where necessary, the data must be accompanied by a presentation and analysis of the sector to which the measure relates.

               3.
                     PERFORMANCE OF THE PROGRAMME IN THE PREVIOUS YEAR

               3.1.
                     Progress of the measures and actions towards the specific objectives and priorities of the programme and the general objectives set out in Article 2 of Regulation (EU) No 228/2013:

               (a)
                     evolution and analysis of the national indicators quantifying the specific objectives of the programme and assessment of the extent to which the specific objectives assigned to each of the measures contained in the programme have been achieved;

               (b)
                     for the specific supply arrangements, information on the manner in which the advantage granted was passed on as well as the measures taken and the checks performed to ensure that it was passed on in compliance with Article 6 of this Regulation;

               (c)
                     for the specific supply arrangements, analysis of the proportionality of the aid in relation to the additional cost of transport to the outermost regions and, in the case of products intended for processing and agricultural inputs, the additional costs of insularity and distant location;

               (d)
                     annual data on the common performance indicators referred to in Article 37 of this Regulation and their analysis in particular with regard to the attainment of the general objectives set out in Article 2 of Regulation (EU) No 228/2013.

               Those analyses must pay special attention to price monitoring, to local agricultural development, and to the competitive position of local products with regard to imports from third countries and supplies from the Union.

               3.2.
                     Conclusions of the analyses on the suitability of the strategy of the measures and its possible improvement in order to achieve the objectives of the programme.

               4.
                     MANAGEMENT OF THE PROGRAMME

               4.1.
                     Brief account of any major problems encountered in managing and implementing the measures during the year in question.

               4.2.
                     Statistics on the checks carried out by the competent authorities and any penalties applied. Any additional information that could be useful for the understanding of the data submitted.

               5.
                     AMENDMENTS

               Brief summary of any amendments to the programme presented during the year in question and their justifications.”


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2017/1153 to clarify the WLTP test conditions and provide for the monitoring of type approval data

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 18.12.2018

               amending Implementing Regulation (EU) 2017/1153 to clarify the WLTP test conditions and provide for the monitoring of type approval data

               (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 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO2 emissions from light-duty vehicles
                  1
               , and in particular the first subparagraph of Article 13(7) thereof,

               Whereas:

               (1)In order to take into account the difference in the level of CO2 emissions determined under the New European Test Cycle (NEDC) and those determined under the new Worldwide Harmonised Light Vehicle Test Procedure (WLTP), a methodology for correlating the CO2 emission values has been put in place through Commission Implementing Regulation (EU) 2017/1153
                  2
                with regard to passenger cars.

               (2)The correlation methodology is to deliver results that ensure that the reduction requirements set out in Regulation (EC) No 443/2009 are of comparable stringency under the old and the new test procedures. Approval authorities and technical services should therefore, together with manufacturers, strive to ensure that WLTP and NEDC tests that are carried out for the purpose of this Regulation are performed under test conditions that are comparable and coherent with the objective of this Regulation.

               (3)For that purpose, it is necessary to clarify certain aspects of the WLTP test conditions that should apply for the correlations performed in view of providing WLTP and NEDC monitoring CO2 emissions data for vehicles newly registered in 2020. Those clarifications should apply without prejudice to the procedure and requirements set out in Commission Regulation (EU) 2017/1151
                  3
                and without affecting the validity of any type approvals granted on that basis.

               (4)It is also necessary to determine the difference in 2020 between CO2 emission values declared by the manufacturers for the purpose of the emissions type approval and those measured pursuant to Regulation (EU) 2017/1151. Manufacturers should therefore be required to calculate and report to the Commission the WLTP CO2 emission values for all new passenger cars registered in the calendar year 2020 using the measurement values for vehicle H and L as input to the interpolation method.

               (5)For a limited number of interpolation families, only vehicle H measurement values will be available in 2020. The number of those families should be closely monitored and the Commission should consider excluding those families from the calculation of the 2020 reference data, should there be a significant increase in the number of such families as compared to the 2018 situation.

               (6)The transparency in the emissions testing should be improved, and data on the WLTP tests as well as on the correlation results should therefore be made available to the Commission. This will allow the Commission to swiftly identify and address issues and possible inconsistencies relating to the implementation of the procedures. For that reason, the input data matrix should be completed for each WLTP test performed and be transmitted to the Commission in its entirety as part of the correlation tool data exchange. To ensure confidentiality, the input data file should be encrypted in view of the transmission.

               (7)The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) 2017/1153 is amended as follows:

               (1)The following Article 7a is added:

               ‘Article 7a
                  Reporting of WLTP measurement results

               1.Manufacturers shall calculate the combined CO2 value for each new passenger car registered in 2020 in accordance with the formula set out in the second sub-paragraph of paragraph 3.2.3.2.4 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151, where the terms MCO2-H and MCO2-L shall, for the interpolation family concerned, be replaced by the values MCO2,C,5 taken from the entries 2.5.1.1.3 (vehicle H) and 2.5.1.2.3. (vehicle L) of the EC type-approval certificate as indicated in the model set out in appendix 4 to Annex I to Regulation (EU) 2017/1151.

               Where the combined CO2 emissions of the individual vehicle are determined by reference to vehicle H only, the manufacturers shall provide the MCO2,C,5 value taken from the entry 2.5.1.1.3 (vehicle H) of the EC type approval certificate.

               The manufacturers shall submit those CO2 emission values, together with the MCO2,C,5 values used for the calculation, to the Commission at the latest three months following receipt of the notification by the Commission of the provisional data for 2020 by uploading that data on the manufacturer’s account in the Business Data Repository of the European Environment Agency.

               2.Where the data referred to in paragraph 1 is not submitted within the deadline indicated, the Commission shall take the value recorded in entry 2.5.1.2.3. of the EC type-approval certificate and consider that value as the combined CO2 emissions for the purposes of paragraph 1 for all new registered vehicles in the interpolation family for which the type approval certificate was issued, and, where applicable, the value indicated in entry 2.5.1.1.3 for those families where only vehicle H measurements are available.

               3.The Commission shall monitor the number of interpolation families for which the CO2 emissions are determined by reference to vehicle H only for each manufacturer, and shall, in the case of an increase in the number of such families as compared to the situation in 2018, assess the impact of that increase on the calculation referred to in paragraph 1, and where appropriate, exclude those families from that calculation.’

               (2)Annex I is amended as follows:

               (a)The following points 2.2a. and 2.2.b. are inserted:

               ‘2.2a. WLTP test conditions

               In order for the WLTP test to be considered relevant in accordance with point 2.2 and for the purpose of determining the input data set out in point 2.4, the test conditions set out in Annex XXI to Regulation 2017/1151 shall apply, with the following precisions:

               (a)The correction of the WLTP test results for CO2 mass emissions in accordance with Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151 shall apply to all such test results   notwithstanding the provisions in point 3.4.4.(a) of that Appendix;

               (b)Without prejudice to the requirements of Regulation (EU) 2017/1151, if the test vehicle is fitted with technologies that influence its CO2 performance, including but not limited to those referred to in entries 42 to 50 of the input data matrix set out in point 2.4, and which are intended to function during the test, those technologies shall be operating during the vehicle test, regardless of the test procedure applied, i.e. NEDC or WLTP;

               (c)If the test vehicle is equipped with automated transmissions, the same driver-selectable mode shall be used, regardless of the test procedure applied. Where the best-case and worst-case modes are used for the WLTP tests in accordance with point 1.2(c) of Appendix 6 to Sub-Annex 8 to Annex XXI to Regulation (EU) 2017/1151, the worst-case mode shall be used as input to the correlation tool as well as for any NEDC physical test;

               (d)If the test vehicle is equipped with manual transmissions, the term nmin_drive_set shall be as defined by the formula set out in point (k) (3) of paragraph 2 of Sub-Annex 2 to Annex XXI to Regulation (EU) 2017/1151.

               With the approval of the approval authority or, where applicable, the technical service, the manufacturer may calculate the gear shifting points differently, provided that this is justified in view of the drivability of the vehicle, and that the additional power safety margin applied in accordance with point 3.4 of Sub-Annex 2 to Annex XXI to Regulation (EU) 2017/1151 does not exceed 20 %.

               The conditions referred to in points (a) to (d) shall apply for the purpose of the correlation performed pursuant to this Regulation, and shall be without prejudice to the provisions laid down in Regulation (EU) 2017/1151 and to type approvals granted pursuant to that Regulation.

               2.2b.Applicability of the WLTP test conditions

               The precisions referred to in point 2.2a.(a) to (d) shall apply in accordance with the following:

               (a)For new vehicle types, from the entry into force of this Regulation;

               (b)For existing vehicle types, manufacturers shall, with regard to those vehicle types that cover vehicles placed on the market in 2020, provide  the approval authority with evidence on the basis of which the approval authority shall confirm whether the test conditions referred to in points (a) to (d) of point 2.2a. have been met in the WLTP approval tests.

               The confirmation shall indicate the interpolation family identifier, and the confirmation with regard to each of the test conditions referred to in points (a) to (d). The approval authority shall issue the confirmation to the manufacturer and shall ensure that the confirmation is recorded and can be made available without delay at the request of the Commission.

               Where the approval authority cannot confirm that one or more of the test conditions referred to have been complied with, the manufacturer shall  ensure that a new WLTP test, or, where applicable, test series, in accordance with Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151 are performed under the supervision of an approval authority or, where applicable, technical service, applying the test conditions set out in point 2.2a.(a) to (d), for the interpolation family in question, including a new correlation in accordance with this Regulation.

               The manufacturer may, in the case where only the test condition referred to in point 2.2a.(a) is not met, correct that value in the input matrix without the need for a new WLTP test.

               The approval authority or, where applicable, the designated technical service shall record the results of the re-testing or correction and the correlation in accordance with paragraph 5 of Annex I, and the complete correlation file based on the re-testing in-put data shall be transmitted to the Commission in accordance with point 3.1.1.2 by 30 April 2021 at the latest.’

               (b)point 2.4 is amended as follows:

               (i)the following sentence is added to the first paragraph:

               ‘The input data matrix shall be filled in for each WLTP test performed.’

               (ii)Table 1 is amended as follows:

               –in entry 56, the text in the column “Remarks” is replaced by the following:

               ‘Array: OBD and chassis dynamometer data, 1Hz for OBD and 10Hz for the chassis dynamometer, resolution 0.1 km/h’

               –in entry 57, the text in column “Remarks” is replaced by the following:

               ‘Array: 1Hz. Theoretical calculated gear shift to be provided for vehicle H and L (if applicable)’

               –in entry 61, the text in the column “Remarks” is replaced by the following:

               ‘Array: 1Hz (sampling frequency of the instrument 20Hz), 0.1A resolution, external measurement device synchronised with the chassis dynamometer’

               –Entry 67 is replaced by the following:

                        67

                        Ki Regenerative Factor

                        multiplicative/additive

                        for vehicle H and L

                        -

                        Appendix 1 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                        For vehicles without periodically regenerating systems this value is equal to 1.

               –The following new entries are added:

                        69

                        Fuel heating value

                        kWh/l

                        Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                        Value according to the Table A6.App2/1 in Regulation (EU) 2017/1151

                        70

                        Fuel consumption of WLTP test for vehicle H and L

                        l/100km

                        Paragraph 6 of Sub-Annex 7 to Annex XXI to Regulation (EU) 2017/1151

                        Non-balanced fuel consumption of Type 1 test

                        71

                        Nominal REESS voltage

                        V

                        According to DIN EN 60050-482

                        For low voltage battery as described in Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                        72

                        ATCT family correction factor

                        -

                        Sub-Annex 6a to Annex XXI to Regulation (EU) 2017/1151

                        ATCT Family correction factor (14°C correction)

                        73

                        Speed and distance correction of WLTP test

                        -

                        Regulation (EU) 2017/1151

                        Correction performed?

                        0 = No | 1 = Yes

                        74

                        RCB correction of WLTP test

                        -

                        Appendix 2 to Sub-Annex 6 to Annex XXI to Regulation (EU) 2017/1151

                        Correction performed?

                        0 = No | 1 = Yes

                        75

                        Number of the WLTP tests

                        1, 2 or 3

                        Indicate whether the test data is taken from the first, second or third WLTP test

                        76

                        WLTP CO2 declared value for vehicle H and/or L

                        g/km

                        Manufacturer declaration

                        Declared value for WLTP vehicle H and L. Value to include all corrections (if applicable)

                        77

                        WLTP CO2 measured corrected for vehicle H and/or L

                        g/km

                        MCO2,C,5 values from appendix 4 to Annex I to Regulation (EU) 2017/1151

                        Combined measured CO2 emissions for vehicle H and L after all applicable corrections. In case of 2 and 3 WLTP tests all measured results shall be provided.

                        78

                        WLTP re-test

                        -

                        Point 2.2b.(b) of Annex I

                        Indicate which test conditions as referred to in point 2.2a.(a) to (d) of Annex I  have been subject to re-testing

               (c)Point 3.1.1.1. is amended as follows:

               (i)Point (a) is deleted;

               (ii)In point (c), point (iii) is replaced by the following:

               ‘(iii)
                     the input data as specified in point 2.4.’;

               (iii)The following sub-paragraph is added:

               ‘The summary file referred to in point (c) shall be encrypted to ensure confidentiality.’

               (d)point 3.1.1.2. is replaced by the following:

               ‘3.1.1.2. Complete correlation file

               Where the original correlation output report has been issued in accordance with point 3.1.1.1., the type approval authority, or where applicable the designated technical service shall upload the summary file referred to in point 3.1.1.1.(c) to a Commission server from which a reply is returned to the sender (with the relevant services of the Commission in copy), including a randomly generated integer number between 0 and 99, a hash code of the summary file unequivocally linking that number to the original output report digitally signed by the Commission server.

               A complete correlation file shall be created by the type approval authority, or where applicable the designated technical service, which shall include the original correlation output report referred to in point 3.1.1.1. and the reply from the Commission server. The file shall be maintained by the type approval authority as a test report in accordance with Annex VIII of Directive 2007/46/EC.’

               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.

               Point 2(c) and (d) of Article 1 shall apply from 1 February 2019.

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

               Done at Brussels, 18.12.2018

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 140, 5.6.2009, p. 1.

                     (2)

                        Commission Implementing Regulation (EU) No 2017/1153 of 2 June 2017 setting out a methodology for determining the correlation parameters necessary for reflecting the change in the regulatory test procedure and amending Regulation (EU) No 1014/2010 (OJ L 175, 7.7.2017, p. 679).

                     (3)

                        Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2015/220 laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 11.12.2017

               amending Implementing Regulation (EU) 2015/220 laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union

               THE EUROPEAN COMMISSION,

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

               Having regard to Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union
                  1
               , and in particular Article 5a(2), the third and the fourth subparagraphs of Article 8(3) and Article 19(3) thereof,

               Whereas:

               (1)Commission Implementing Regulation (EU) 2015/220
                  2
                sets out the number of returning holdings per Member State and per Farm Accountancy Data network (FADN) division. Implementing Regulation (EU) 2015/220 provides that the Member States have to notify the Commission of a plan drawn up for the selection of returning holdings that ensures a representative accounting sample of the field of survey before the beginning of the accounting year to which the plan relates.

               (2)Following the request of Germany to merge the divisions Schleswig-Holstein and Hamburg into one division named Schleswig-Holstein / Hamburg and the requests of Greece, Hungary, Romania and Finland to change the number of returning holdings or threshold of economic size due to structural changes in agriculture, it is appropriate to allow those Member States to revise their selection plans and/or threshold of economic size for the accounting year 2018 and to redistribute or adjust the number of returning holdings accordingly.

               (3)Given the growing importance of earlier availability and higher quality of accountancy data, the Commission encourages Member States to make additional organisational efforts enabling upgraded data completeness and enabling farm returns to be submitted earlier than the deadlines laid down in Article 10 of Implementing Regulation (EU) 2015/220.

               (4)In order to support earlier availability, completeness and increased quality of accountancy data submitted by Member States, the deadlines for data transmission and the procedure in relation to the payment of the standard fee should be reviewed and linked to the timing of delivery and completeness of the FADN data delivered to the Commission.

               (5)A transitional provision related to the accounting year 2018 budgetary availability should be included in Article 14 of Implementing Regulation (EU) 2015/220.

               (6)Annex VIII to Implementing Regulation (EU) 2015/220 sets out the form and layout of the accountancy data contained in the farm returns. For the sake of clarity, Annex VIII should provide for additional information as regards the presentation of those data.

               (7)Implementing Regulation (EU) 2015/220 should therefore be amended accordingly.

               (8)The proposed amendments should apply as from the accounting year 2018.

               (9)The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Farm Accountancy Data Network,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Implementing Regulation (EU) 2015/220 is amended as follows:

               (1)In Article 3(2), the following subparagraph is added:

               ‘Germany, Greece, Hungary, Romania and Finland shall revise the respective selection plans they notified for the accounting year 2018. They shall notify the Commission of their respective revised selection plans for that accounting year by 31 March 2018.’

               (2)Article 14 is replaced by the following:

               "Article 14

               Amount of the standard fee

               1.
                     The standard fee referred to in Article 19(1)(a) of Regulation (EC) No 1217/2009 shall be fixed at EUR 160 per farm return.

               2.
                     If the 80% threshold referred to in Article 19(1)(a) of Regulation (EC) No 1217/2009 is not met neither at the level of a FADN division or at the level of the Member State concerned, the reduction referred to in that provision shall be applied only at national level.

               3.
                     Subject to the fulfilment of the obligation to comply with the 80% threshold as referred to in Article 19(1)(a) of Regulation (EC) No 1217/2009 in respect of a FADN division or a Member State, the standard fee is increased by:

               (a)
                     EUR 5 where the Member State submits the accountancy data referred to in Article 9 of this Regulation not later than one month before the relevant deadline referred to in Article 10(3); or

               (b)
                     EUR 7 in the accounting year 2018 and EUR 10 from the accounting year 2019 where the Member State submits the accountancy data referred to in Article 9 of this Regulation not later than two months before the relevant deadline referred to in Article 10(3).

               4.
                     To the increase of the standard fee under points (a) and (b) of paragraph 3 may be added EUR 2 for the accounting year 2018 and EUR 5 from the accounting year 2019 where the accountancy data has been verified by the Commission in accordance with point (b) of the first paragraph of Article 13 of this Regulation and is deemed duly completed in accordance with Article 8(2) of Regulation (EC) No 1217/2009, either at the moment of its submission to the Commission, or within two months of the date upon which the Commission informed the submitting Member State that the submitted accountancy data is not duly completed."

               (3)Annexes I, II and VIII are amended in accordance with the Annex to this Regulation.

               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 from the accounting year 2018.

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

               Done at Brussels, 11.12.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 328, 15.12.2009, p. 27.

                     (2)

                        Commission Implementing Regulation (EU) 2015/220 of 3 February 2015 laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union (OJ L 46, 19.2.2015, p. 1).

    ---documentbreak---

               EN

               ANNEX

               Annexes I, II and VIII to Implementing Regulation (EU) 2015/220 are amended as follows:

               (1)In Annex I,

               the entry related to Romania is replaced by the following:

               "

                        Romania

                        4 000

               "

               (2)Annex II is amended as follows:

               (a)the entries related to Germany in the table on the number of returning holdings are replaced by the following:

               "

                        Reference number

                        Name of FADN division

                        Number of returning holdings per accounting year

                        GERMANY

                        015

                        Schleswig-Holstein / Hamburg

                        662

                        030

                        Niedersachsen

                        1 307

                        040

                        Bremen

                        _

                        050

                        Nordrhein-Westfalen

                        1 010

                        060

                        Hessen

                        558

                        070

                        Rheinland-Pfalz

                        887

                        080

                        Baden-Württemberg

                        1 190

                        090

                        Bayern

                        1 678

                        100

                        Saarland

                        90

                        110

                        Berlin

                        _

                        112

                        Brandenburg

                        284

                        113

                        Mecklenburg-Vorpommern

                        268

                        114

                        Sachsen

                        313

                        115

                        Sachsen-Anhalt

                        270

                        116

                        Thüringen

                        283

                        Total Germany

                        8 800

               "

               (b)the entries related to Greece in the table on the number of returning holdings are replaced by the following:

               "

                        Reference number

                        Name of FADN division

                        Number of returning holdings per accounting year

                        GREECE

                        450

                        Μακεδονία — Θράκη (Macedonia-Thrace)

                        1 700

                        460

                        Ήπειρος — Πελοπόννησος — Νήσοι Ιονίου (Epirus, Peloponnese, Ionian Islands)

                        1 150

                        470

                        Θεσσαλία (Thessaly)

                        600

                        480

                        Στερεά Ελλάς — Νήσοι Αιγαίου — Κρήτη (Sterea Ellas, Aegean Islands, Crete)

                        1 225

                        Total Greece

                        4 675

               "

               (c)the entries related to Hungary in the table on the number of returning holdings are replaced by the following:

               "

                        Reference number

                        Name of FADN division

                        Number of returning holdings per accounting year

                        HUNGARY

                        767

                        Alföld

                        1 144

                        768

                        Dunántúl

                        733

                        764

                        Észak-Magyarország

                        223

                        Total Hungary

                        2 100

               "

               (d)the entries related to Romania in the table on the number of returning holdings are replaced by the following:

               "

                        Reference number

                        Name of FADN division

                        Number of returning holdings per accounting year

                        ROMANIA

                        840

                        Nord-Est

                        724

                        841

                        Sud-Est

                        913

                        842

                        Sud-Muntenia

                        857

                        843

                        Sud-Vest-Oltenia

                        519

                        844

                        Vest

                        598

                        845

                        Nord-Vest

                        701

                        846

                        Centru

                        709

                        847

                        București-Ilfov

                        79

                        Total Romania

                        5 100

               "

               (e)the entries related to Finland in the table on the number of returning holdings are replaced by the following:

               "

                        Reference number

                        Name of FADN division

                        Number of returning holdings per accounting year

                        FINLAND

                        670

                        Etelä-Suomi

                        420

                        680

                        Sisä-Suomi

                        169

                        690

                        Pohjanmaa

                        203

                        700

                        Pohjois-Suomi

                        108

                        Total Finland

                        900

               "

               (3)Annex VIII is amended as follows:

               (a)Table D is amended as follows:

               (i)in the second table, the entry concerning category "2010. Biological assets – plants" is replaced by the following:

               "

                        Code (*)

                        Description of categories

                        OV

                        AD

                        DY

                        IP

                        S

                        SA

                        CV

                        2010

                        Biological assets - plants

               "

               (ii)the entry concerning the category of assets "2010. Biological assets – plants" is replaced by the following:

               "2010.
                     Biological assets - plants

               Values of all plants that have not been harvested yet (all permanent and standing crops). Accumulated depreciation (D.AD) and Depreciation of the current year (D.DY.) should only be reported for Permanent crops."

               (iii)the table on valuation methods is replaced by the following table:

               "

                        Fair value less the estimate point-of-sale costs

                        amount for which an asset could be exchanged, or a liability settled, between knowledgeable, willing parties in an arm's length transaction less the cost estimated to incur in relation to the sale

                        3010, 5010, 7010

                        Historical cost

                        nominal or original cost of an asset when acquired

                        2010, 3020, 3030, 4010, 7020

                        Book value

                        value at which an asset is carried on a balance sheet

                        1010, 1020, 1030, 1040, 8010

               "

               (b)in Table H, the fourth subparagraph is replaced by the following:

               "Where the costs indicated are for the total ‘consumption’ of inputs during the accounting year but do not correspond to production during that year, changes in stocks of inputs (including costs accruing to growing crops) should be indicated in Table D under the code 1040. Inventories."

               (c)in Table M,

                  in the Section AI Administrative information, the third paragraph is replaced by the following:

               "Provision of the data referred to in column Number of basic units (N) is optional for the accounting years 2015-2017 for codes 10300-10319."


title: COMMISSION IMPLEMENTING REGULATION (EU) …/... setting out the format specifications of the plant passport for movement within the Union territory and the plant passport for introduction into, and movement within, a protected zone

text:
               COMMISSION IMPLEMENTING REGULATION (EU) …/...

               of 13.12.2017

               setting out the format specifications of the plant passport for movement within the Union territory and the plant passport for introduction into, and movement within, a protected zone

               THE EUROPEAN COMMISSION,

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

               Having regard to Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC
                  1
               , and in particular Article 83(7) thereof,

               Whereas:

               (1)Article 83(7) of Regulation (EU) 2016/2031 empowers the Commission to adopt the format specifications of plant passports for movement within the Union territory and of plant passports for introduction into, and movement within, a protected zone. In order to ensure easy visibility and clear legibility, it is important for plant passports to have standardised formats. This also ensures that plant passports are clearly distinguishable from any other information or label.

               (2)Due to the differences in size and characteristics of plants, plant products or other objects for which a plant passport is required, a certain degree of flexibility should be ensured as regards format specifications of plant passports. Therefore, within each category of plant passports set out in Parts A to D of the Annex, various alternative models should be available which allow for taking into account the said differences of plants, plant products or other objects for which a plant passport is required. Moreover, those models should not specifically provide for the size of the plant passports, the use of a border line, the proportion of the size of their elements, and the fonts used therein.

               (3)The elements of the plant passport should be arranged within a rectangular or square shape, and should be clearly separated from any other written or pictorial matter by a border line or otherwise. As experience has shown, this is important to enhance the visibility of plant passports and their distinctiveness from any other information or label.

               (4)For reasons of legal certainty, this Regulation should apply from the same date as Regulation (EU) 2016/2031.

               (5)Many plants, plant products and other objects for which plant passports will be issued in accordance with Commission Directive 92/105/EEC
                  2
                before the date of application of this Regulation will still be on the market or moved after that date. As no health concern requires the immediate change of the format specifications, plant passports issued before 14 December 2019 should remain valid until 14 December 2023.

               (6)The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

               HAS ADOPTED THIS REGULATION:

               Article 1

               Models for plant passports

               1.Plant passports for movement within the Union territory shall comply with one of the models provided for in Part A of the Annex.

               2.Plant passports for introduction into, and movement within, a protected zone, shall comply with one of the models provided for in Part B of the Annex.

               3.Plant passports for movement within the Union territory, combined with a certification label pursuant to the second subparagraph of Article 83(5) of Regulation (EU) 2016/2031, shall comply with one of the models provided for in Part C of the Annex.

               4.Plant passports for introduction into, and movement within, a protected zone, combined with a certification label pursuant to the third subparagraph of Article 83(5) of Regulation (EU) 2016/2031, shall comply with one of the models provided for in Part D of the Annex.

               Article 2

               Requirements for the elements of the plant passports

               The elements of the plant passport, as set out in Annex VII to Regulation (EU) 2031/2016, shall be arranged within a rectangular or square shape, and shall be legible without the use of a visual aid.

               They shall be contained within a border line, or otherwise clearly separated from any written or pictorial matter, so as to be easily visible and clearly distinguishable.

               Article 3

               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.

               Article 4

               Date of application

               This Regulation shall apply from 14 December 2019.

               Plant passports issued before 14 December 2019, in accordance with Directive 92/105/EEC, shall remain valid until 14 December 2023.

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

               Done at Brussels, 13.12.2017

                     For the Commission

                     The President
                     Jean-Claude JUNCKER

                     (1)

                        OJ L 317, 23.11.2016, p. 4.

                     (2)

                        Commission Directive 92/105/EEC of 3 December 1992 establishing a degree of standardization for plant passports to be used for the movement of certain plants, plant products or other objects within the Community, and establishing the detailed procedures related to the issuing of such plant passports and the conditions and detailed procedures for their replacement (OJ L 4, 8.1.1993, p. 22).

    ---documentbreak---

               EN

               ANNEX

               Technical specification: The size of the plant passports, the use of a border line, the proportions of the size of their elements, and the fonts used in the models are only examples.

               The flag of the Union may be printed in colour, or in black and white, either with white stars on black background, or vice versa.

               Legend

               1 –
                     The words 'Plant Passport' or 'Plant Passport – PZ' in English and, if relevant, in one other official language of the Union, to be separated by a slash.

               2 –
                     The botanical name(s) of the plant(s) species or taxon(s) concerned, in the case of plants and plant products, or, where appropriate, the name of the object concerned, and, optionally, the name of the variety.

               3 –
                     The two-letter code indicated in norm ISO 3166-1-alpha-2
                  1
               , referred to in point (a) of Article 67 of Regulation (EU) 2016/2031, for the Member State in which the professional operator issuing the plant passport is registered.

               4 –
                     The alphabetical, numerical or alphanumerical national registration number of the professional operator concerned.

               5 –
                     Where applicable, the traceability code of the plant, plant product or the other object concerned.

               6 –
                     Where applicable, the unique barcode, QR-code, hologram, chip or other data carrier, supplementing the traceability code.

               7 –
                     Where applicable, the two-letter code indicated in norm ISO 3166-1-alpha-2, referred to in point (a) of Article 67 of Regulation (EU) 2016/2031, of the Member State(s) of origin.

               8 –
                     Where applicable, the name(s) of the third country/countries of origin or its/their two-letter code indicated in norm ISO 3166-1-alpha-2.

               9 –
                     Scientific name(s) of protected zone quarantine pest(s) or, alternatively, the codes specifically attributed to those pests, referred to in Article 32(3) of Regulation (EU) 2016/2031.

               10 –
                     Information required for an official label for seeds or other propagative material referred to respectively in Article 10(1) of Council Directive 66/401/EEC
                  2
               , Article 10(1) of Council Directive 66/402/EEC
                  3
               , Article 10(1) of Council Directive 68/193/EEC
                  4
               , Article 12 of Council Directive 2002/54/EC
                  5
               , Article 28(1) of Council Directive 2002/55/EC
                  6
               , Article 13(1) of Council Directive 2002/56/EC
                  7
               , Article 12(1) of Council Directive 2002/57/EC
                  8
               , or the label for pre-basic, basic or certified material as referred to in point (b) of Article 9(1) of Council Directive 2008/90/EC
                  9
               .

               PART A

               Models for the plant passports for the movement within the Union territory, referred to in Article 1(1)

                                xxxxx/ Plant Passport1

                  A  xxxxx2

                  B  XX3 – xxxxx4

                  C
                     5,6

                  D XX7 or 8

                         xxxxx / Plant Passport1

                  A xxxxx2

                  B  XX3 – xxxxx4

                  C  xxxxx5

                  D XX7 or 8

                                                                                xxxxx / Plant Passport1

                  A xxxxx2
                        B  XX3 – xxxxx4
                        C  xxxxx5        D XX7 or 8

                     6

                                                                                xxxxx / Plant Passport1

                  A xxxxx2
                        B  XX3 – xxxxx4
                        C  xxxxx5            D XX7 or 8

                       xxxxx /

                     Plant

                     Passport1

                  A  xxxxx2

                  B  XX3 – xxxxx4

                  C  xxxxx5

                  D XX7 or 8

                 xxxxx /

                                  Plant

                                  Passport1

               A  xxxxx2

               B  XX3 – xxxxx4

               C  xxxxx5

               D  XX7 or 8

                              6

                       xxxxx /

                     Plant

                     Passport1

                  A  xxxxx2              C  xxxxx5

                  B  XX3 – xxxxx4    D XX7 or 8

                                6

                       xxxxx /

                     Plant

                     Passport1

                  A  xxxxx2        B  XX3 – xxxxx4

                  C  xxxxx5     D XX7 or 8

                        6

                                6

               PART B

               Models for the plant passports for the introduction into, and movement within, a protected zone, referred to in Article 1(2)

                      xxxxx  – XX /Plant Passport – PZ1

                  xxx9

                  A  xxxxx2

                  B  XX3 – xxxxx4

                  C
                     5,6

                  D XX7 or 8

                        xxxxx  – XX /Plant Passport – PZ1

                     xxx9

                  A  xxxxx2

                  B  XX3 – xxxxx4

                  C  xxxxx5

                  D XX7 or 8

                     6

                                                                                xxxxx  – XX / Plant Passport – PZ1

                                   xxx9

                  A  xxxxx2                                              B  XX3 – xxxxx4                                 C  xxxxx5                               D XX7 or 8

                                                                                xxxxx  – XX / Plant Passport – PZ1

                                   xxx9

                  A  xxxxx2                    B  XX3 – xxxxx4                     C  xxxxx5             D XX7 or 8                                                                 6

                   xxxxx–XX/

                   Plant

                   Passport – PZ1

                  xxx9

                  A  xxxxx2

                  B  XX3 – xxxxx4

                  C  xxxxx5

                  D XX7 or 8

                   xxxxx–XX/

                  Plant

                  Passport – PZ1

                  xxx9

                  A  xxxxx2

                  B  XX3 – xxxxx4

                  C  xxxxx5

                  D XX7 or 8

                        6

                       xxxxx – XX /

                     Plant

                     Passport – PZ1

                  xxx9

                  A  xxxxx2              C  xxxxx5

                  B  XX3 – xxxxx4    D XX7 or 8

                     6

                                6

                       xxxxx – XX /

                     Plant

                     Passport – PZ1

                  xxx9

                  A  xxxxx2        B  XX3 – xxxxx4

                  C  xxxxx5     D XX7 or 8

                                6

               PART C

               Models for the plant passports for the movement within the Union territory, combined with a certification label, referred to in Article 1(3)

                   xxxxx/Plant Passport1

                  xxxxxxxxxxxxxx10

                     6

                   xxxxx/Plant Passport1

                  xxxxxxxxxxxxxx10

                                                                                xxxxx / Plant Passport1

                  xxxxxxxxxxxxxx10

                  6

                                                                                xxxxx / Plant Passport1

                  xxxxxxxxxxxxxx10

               PART D

               Models for the plant passports, for the introduction into, and movement within, a protected zone, combined with a certification label, referred to in Article 1(4)

                            xxxxx-XX/Plant Passport - PZ1

                  xxx9

                  xxxxxxxxxxxxxx10

                     6

                      xxxxx-XX/Plant Passport - PZ1

                  xxx9

                  xxxxxxxxxxxxxx10

                     6

                                                                                xxxxx  – XX / Plant Passport – PZ1

                                   xxx9

                  xxxxxxxxxxxxxx10

                                                                                xxxxx  – XX / Plant Passport – PZ1

                                   xxx9

                  xxxxxxxxxxxxxx10

                                                                                xxxxx  – XX / Plant Passport – PZ1

                                   xxx9

                  xxxxxxxxxxxxxx10

                  6

                     (1)

                        ISO 3166-1:2006, Codes for the representation of names of countries and their subdivisions – Part 1: Country codes. International Organisation for Standardization, Geneva.

                     (2)

                        Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed (OJ 125, 11.7.1966, p. 2298).

                     (3)

                        Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed (OJ 125, 11.7.1966, p. 2309).

                     (4)

                        Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93, 17.4.1968, p. 15).

                     (5)

                        Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed (OJ L 193, 20.7.2002, p.  2).

                     (6)

                        Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (OJ L 193, 20.7.2002, p. 33).

                     (7)

                        Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes (OJ L 193, 20.7.2002, p. 60).

                     (8)

                        Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74).

                     (9)

                        Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8).