title: Commission Implementing Regulation (EU) 2015/2206 of 30 November 2015 amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office

text:
               1.12.2015

               EN

               Official Journal of the European Union

               L 314/22

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2206
   of 30 November 2015
   amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights (1) (‘the Basic Regulation’), and in particular Article 113 thereof,
   After consulting the Administrative Council of the Community Plant Variety Office,
   Whereas:

               (1)

               Article 3(2) of Commission Regulation (EC) No 1238/95 (2) provides that the President of the Community Plant Variety Office (the Office) may allow alternative forms of payment of fees and surcharges, including by the delivery or remittance of certified cheques. However, it is considered too burdensome to holders to require certified cheques as a means of payment. Moreover, it is necessary to ensure payments via electronic means.

               (2)

               Article 5(1) of Regulation (EC) No 1238/95 requires a person making a payment of fees or surcharges to indicate his name and the purpose of such payment. Taking into account that a payment may arrive to the Office for which it may be impossible to establish the identity of the person making the payment and to refund to this person, it would be appropriate that this money is retained by the Office as other revenue.

               (3)

               Article 7 of Regulation (EC) No 1238/95 sets out provisions concerning the level of the application fee payable to the Office for the processing of applications for grant of a Community plant variety right. In order to provide an effective, efficient and expeditious examination of applications, it is important to encourage the filing of applications by electronic means via web form. For this reason, it would be appropriate to reduce the fee paid for processing of the application in case of filing and submission of an application by electronic means.

               (4)

               The wording in Article 7(2) of Regulation (EC) No 1238/95 with regard to designation and entrustments of sub-offices and national agencies needs to be aligned with the Basic Regulation.

               (5)

               Article 7(7) of Regulation (EC) No 1238/95 regulates the refund of application fees for the applications which are not valid under Article 50 of the Basic Regulation. Based on the experience gained by the Office concerning the cost linked with the processing of applications for grant of Community plant variety rights which are not valid, it is appropriate to reduce the amount of the application fee retained by the Office.

               (6)

               Article 8 of Regulation (EC) No 1238/95 concerns fees for the technical examination of a variety. In case of an examination report on the result of a technical examination which has already been carried out by an entrusted Examination Office prior to the date of application for Community Plant Variety Right referred to in Article 8(5), it is appropriate to specify that the fee should be determined by the President of the Office after consultation of the Administrative Council of the Office.

               (7)

               Article 12(1)(c) of Regulation (EC) No 1238/95 provides that the President of the Office is to fix the fees in respect of the Official Gazette of the Office. The periodical publication of the Official Gazette of the Office is only published in electronic version and no longer in print and it reflects the content of the databases of the Office. Such a publication does not require any additional particular and thus a specific fee should be abolished.

               (8)

               Article 13 of Regulation (EC) No 1238/95 concerns surcharges. Experience has shown that additional work of the Office, referred to in Article 13(1) and (2)(b), on variety denominations, due to their initial non-compliance to requirements laid down or on amendments in the event of prior conflicting right of a third party, is habitual and does not require increased resources. Therefore, any surcharges for that additional work are not justified.

               (9)

               Article 13(2)(a) provides that the Office may levy a surcharge to the annual fee if the holder has failed to pay the annual fee. In such cases the Office may initiate a procedure for cancellation of the protection. Experience has shown that the Office does not levy a surcharge for the failure to pay the annual fee and therefore this provision should be deleted.

               (10)

               Articles 93(3) and 94 of Commission Regulation (EC) No 1239/95 (3) have not been taken over by Commission Regulation (EC) No 874/2009 (4). Therefore, paragraphs (3) and (4) of Article 14 of Regulation (EC) No 1238/95 which refer to those provisions should be deleted.

               (11)

               Regulation (EC) No 1238/95 should therefore be amended accordingly.

               (12)

               It would be appropriate that the proposed amendments apply as from 1 January 2016, to align with the beginning of the new financial year for the budget of the Office.

               (13)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 1238/95 is amended as follows:

               (a)

               In Article 3, paragraph 2 is amended as follows:

                           (i)

                           point (a) is replaced by the following:

                                       ‘(a)

                                       delivery or remittance of cheques which are made payable in euros to the Office;’;

                           (ii)

                           point (d) is replaced by the following:

                                       ‘(d)

                                       payment via electronic means, either by payment card or direct debit.’.

               (b)

               In Article 5, the following paragraph 3 is added:
               ‘3.   If after enquiry with the bank concerned, the identity of the person making the payment cannot be confirmed and the amount cannot be refunded to any particular person, the amount shall be considered as other revenues within the deadlines outlined in the internal financial provisions of the Office referred to in Article 112 of the Basic Regulation and adopted by the Administrative Council of the Office.’.

               (c)

               Article 7 is amended as follows:

                           (i)

                           Paragraphs 1 and 2 are replaced by the following:
                           ‘1.   The applicant for a Community Plant Variety Right (the applicant) shall pay a fee of EUR 450 for the processing of an application filed and submitted via a web form by electronic means, made through the Office's online application system.
                           The applicant shall pay a fee of EUR 650 for the processing of an application submitted by means other than through the Office's online application system.
                           2.   The applicant shall take the necessary steps for payment of the application fee, in accordance with Article 3 of this Regulation, prior to or on the date on which the application is filed, directly at the Office or at one of the sub-offices established or national agencies entrusted pursuant to Article 30(4) of the Basic Regulation.’.

                           (ii)

                           Paragraph 7 is replaced by the following:
                           ‘7.   Where the application fee is received but the application is not valid under Article 50 of the basic Regulation, the Office shall retain EUR 150 of the application fee and refund the remainder when notifying the applicant of the deficiencies found in the application.’.

               (d)

               In Article 8(5), the following sentence is added:
               ‘The amount of that fee shall be determined by the President of the Office after consultation of the Administrative Council and shall be published in the Official Gazette of the Office.’.

               (e)

               In Article 12(1), point (c) is deleted.

               (f)

               Article 13 is deleted.

               (g)

               In Article 14, paragraphs 3 and 4 are deleted.

         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.
   It shall apply from 1 January 2016.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 227, 1.9.1994, p. 1.

      (2)  Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office (OJ L 121, 1.6.1995, p. 31).

      (3)  Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (OJ L 121, 1.6.1995, p. 37).

      (4)  Commission Regulation (EC) No 874/2009 of 17 September 2009 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (OJ L 251, 24.9.2009, p. 3).


title: Commission Implementing Regulation (EU) No 1150/2013 of 14 November 2013 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance rape seed oil  Text with EEA relevance

text:
               15.11.2013

               EN

               Official Journal of the European Union

               L 305/13

         COMMISSION IMPLEMENTING REGULATION (EU) No 1150/2013
   of 14 November 2013
   amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance rape seed oil
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 13(2)(c) and 78(2)thereof,
   Whereas:

               (1)

               The active substance rape seed oil was included in Annex I to Council Directive 91/414/EEC (2) by Commission Directive 2008/127/EC (3) in accordance with the procedure provided for in Article 24b of Commission Regulation (EC) No 2229/2004 (4). Since the replacement of Directive 91/414/EEC by Regulation (EC) No 1107/2009, this substance is deemed to have been approved under that Regulation and is listed in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (5).

               (2)

               In accordance with Article 25a of Regulation (EC) No 2229/2004, the European Food Safety Authority, hereinafter ‘the Authority’, presented to the Commission its view on the draft review report for rape seed oil (6) on 18 December 2012. The Authority communicated its view on rape seed oil to the notifier. The Commission invited it to submit comments on the draft review report for rape seed oil. The draft review report and the view of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 3 October 2013 in the format of the Commission review report for rape seed oil.

               (3)

               It is confirmed that the active substance rape seed oil is to be deemed to have been approved under Regulation (EC) No 1107/2009.

               (4)

               In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is necessary to amend the conditions of approval of rape seed oil as regards the maximum quantity for the toxicologically relevant impurity erucic acid.

               (5)

               The Annex to Implementing Regulation (EU) No 540/2011 should therefore be amended accordingly.

               (6)

               Member States should be provided with time to amend or withdraw authorisations for plant protection products containing rape seed oil.

               (7)

               A reasonable period of time should be allowed before the entry into force of this Regulation in order to allow Member States, the notifiers and holders of authorisations for plant protection products containing rape seed oil to meet the requirements resulting from amendment to the conditions of the approval.

               (8)

               For plant protection products containing rape seed oil, where Member States grant any grace period in accordance with Article 46 of Regulation (EC) No 1107/2009, this period should expire at the latest eighteen months after the entry into force of the Regulation.

               (9)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment to Implementing Regulation (EU) No 540/2011
   Part A of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.
   Article 2
   Transitional measures
   Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary, amend or withdraw existing authorisations for plant protection products containing rape seed oil as active substance by 30 September 2014 at the latest.
   Article 3
   Grace period
   Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 30 September 2015 at the latest.
   Article 4
   Entry into force
   This Regulation shall enter into force on 1 April 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 November 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

      (3)  Commission Directive 2008/127/EC of 18 December 2008 amending Council Directive 91/414/EEC to include several active substances (OJ L 344, 20.12.2008, p. 89).

      (4)  Commission Regulation (EC) No 2229/2004 of 3 December 2004 laying down further detailed rules for the implementation of the fourth stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC (OJ L 379, 24.12.2004, p. 13).

      (5)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

      (6)  European Food Safety Authority; Conclusion on the peer review of the pesticide risk assessment of the active substance plant oil/rape seed oil. EFSA Journal 2013; 11(1)3058 [45 pp.] doi:10.2903/j.efsa.2013.3058. Available online: www.efsa.europa.eu/efsajournal

      ANNEX
      In Part A of the Annex to Implementing Regulation (EU) No 540/2011, row 242 on the active substance rape seed oil is replaced by the following:

                     Number

                     Common name, identification numbers

                     IUPAC name

                     Purity

                     Date of approval

                     Expiration of approval

                     Specific provisions

                     ‘242

                     Plant oils/rape seed oil
                     CAS No: 8002-13-9
                     CIPAC No: not allocated

                     Rape seed oil

                     Rape seed oil is a complex mixture of fatty acids
                     Relevant impurity: Maximum 2 % of erucic acid

                     1 September 2009

                     31 August 2019

                     PART A
                     Only uses as insecticide and acaricide may be authorised.
                     PART B
                     For the implementation of the uniform principles as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on rape seed oil (SANCO/2623/2008) and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 3 October 2013 shall be taken into account.
                     Conditions of use shall include, where appropriate, risk mitigation measures.’


title: Commission Implementing Regulation (EU) No 837/2012 of 18 September 2012 concerning the authorisation of 6-phytase (EC 3.1.3.26) produced by Aspergillus oryzae (DSM 22594) as feed additive for poultry, weaned piglets, pigs for fattening and sows (holder of authorisation DSM Nutritional Products)  Text with EEA relevance

text:
               19.9.2012

               EN

               Official Journal of the European Union

               L 252/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 837/2012
   of 18 September 2012
   concerning the authorisation of 6-phytase (EC 3.1.3.26) produced by Aspergillus oryzae (DSM 22594) as feed additive for poultry, weaned piglets, pigs for fattening and sows (holder of authorisation DSM Nutritional Products)
   (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation.

               (2)

               In accordance with Article 7 of Regulation (EC) No 1831/2003, an application was submitted for the authorisation of 6-phytase (EC 3.1.3.26) produced by Aspergillus oryzae (DSM 22594). That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

               (3)

               The application concerns the authorisation of 6-phytase (EC 3.1.3.26) produced by Aspergillus oryzae (DSM 22594) as a feed additive for poultry, weaned piglets, pigs for fattening and sows, to be classified in the additive category ‘zootechnical additives’.

               (4)

               The European Food Safety Authority (‘the Authority’) concluded in its opinion of 14 December 2011 (2) that, under the proposed conditions of use, 6-phytase (EC 3.1.3.26) produced by Aspergillus oryzae (DSM 22594) does not have an adverse effect on animal health, human health or the environment, and that its use can improve the phosphorus utilisation in all target species. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

               (5)

               The assessment of 6-phytase (EC 3.1.3.26) produced by Aspergillus oryzae (DSM 22594) shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of this preparation should be authorised as specified in the Annex to this Regulation.

               (6)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   The preparation specified in the Annex, belonging to the additive category ‘zootechnical additives’ and to the functional group ‘digestibility enhancers’, is authorised as an additive in animal nutrition, subject to the conditions laid down in that Annex.
   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, 18 September 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 268, 18.10.2003, p. 29.

      (2)  EFSA Journal 2012; 10(1):2527.

      ANNEX

                  Identification number of the additive

                  Name of the holder of authorisation

                  Additive

                  Composition, chemical formula, description, analytical method

                  Species or category of animal

                  Maximum age

                  Minimum content

                  Maximum content

                  Other provisions

                  End of period of authorisation

                  Units of activity/kg of complete feedingstuff with a moisture content of 12 %

                     Category of zootechnical additives. Functional group: digestibility enhancers

                  4a18

                  DSM Nutritional Products

                  6-phytase (EC 3.1.3.26)

                                 Additive composition

                              Preparation of 6-phytase (EC 3.1.3.26) produced by Aspergillus oryzae (DSM 22594) with a minimum activity of:

                                          50 000 (1) FYT/g in solid form

                                          20 000 FYT/g in liquid form

                                 Characterisation of the active substance

                              6-phytase (EC 3.1.3.26) produced by Aspergillus oryzae (DSM 22594)

                                 Analytical method
                                  (2)

                              Colorimetric method measuring the inorganic phosphate released by the 6-phytase from phytate (ISO 30024:2009)

                  Poultry
                  Pigs for fattening
                  Piglets (weaned)

                  —

                  500 FYT

                  —

                              1.

                              In the directions for use of the additive and premixture, indicate the storage temperature, storage life, and stability to pelleting.

                              2.

                              Recommended dose per kilogram of complete feed for:

                                          —

                                          poultry, piglets (weaned) and pigs for fattening: 500-4 000 FYT,

                                          —

                                          sows: 1 000-4 000 FYT.

                              3.

                              For use in feed containing more than 0,23 % phytin-bound phosphorus.

                              4.

                              For safety: breathing protection, glasses and gloves shall be used during handling.

                              5.

                              For use in weaned piglets up to 35 kg.

                  9 October 2022

                  Sows

                  1 000 FYT

         (1)  1 FYT is the amount of enzyme which liberates 1 μmol of inorganic phosphate from phytate per minute under reaction conditions with a phytate concentration of 5,0 mM at pH 5,5 and 37 °C.

         (2)  Details of the analytical methods are available at the following address of the Reference Laboratory: http://irmm.jrc.ec.europa.eu/EURLs/EURL_feed_additives/Pages/index.aspx


title: Commission Implementing Regulation (EU) 2015/2378 of 15 December 2015 laying down detailed rules for implementing certain provisions of Council Directive 2011/16/EU on administrative cooperation in the field of taxation and repealing Implementing Regulation (EU) No 1156/2012

text:
               18.12.2015

               EN

               Official Journal of the European Union

               L 332/19

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2378
   of 15 December 2015
   laying down detailed rules for implementing certain provisions of Council Directive 2011/16/EU on administrative cooperation in the field of taxation and repealing Implementing Regulation (EU) No 1156/2012
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (1), and in particular Article 20(1), (3) and (4) and Article 21(1) thereof,
   Whereas:

               (1)

               Directive 2011/16/EU replaced Council Directive 77/799/EEC (2). A number of important adaptations of the rules concerning administrative cooperation in the field of taxation were made, in particular as regards the exchange of information between Member States with a view to enhancing the efficiency and the effectiveness of cross border exchange of information.

               (2)

               Council Directive 2014/107/EU (3) amended Directive 2011/16/EU to introduce the mandatory automatic exchange of financial account information and the relating set of reporting and due diligence rules.

               (3)

               In order to ensure the functioning of the new legal framework, Directive 2011/16/EU requires certain rules on the standard forms and computerised formats and the practical arrangements on the exchange of information between Member States to be adopted by means of implementing acts. Commission Implementing Regulation (EU) No 1156/2012 (4) provides detailed rules as regards the standard forms and the computerised formats to be used in relation to Directive 2011/16/EU.

               (4)

               Considering the changes to be made with a view of implementing Directive 2011/16/EU and in order to ease the readability of the implementing act, it is appropriate to repeal Implementing Regulation (EU) No 1156/2012 and to set out new consolidated rules.

               (5)

               In order to facilitate the exchange of information, Directive 2011/16/EU requires that such exchange of information under that Directive should take place using standard forms except for mandatory automatic exchange of information.

               (6)

               The standard forms to be used should contain a number of fields that are sufficiently diversified, so as to allow Member States to easily deal with all relevant cases, using the fields appropriate for each case.

               (7)

               For the purposes of the mandatory automatic exchange of information, Directive 2011/16/EU requires the Commission to adopt both the practical arrangements and the computerised format. With a view to ensuring the appropriateness and usability of the information exchanged and the efficiency of the exchange itself, detailed rules should be laid down in this regard.

               (8)

               The condition that the mandatory automatic exchange of information on the five categories of income and capital pursuant to Article 8(1) of Directive 2011/16/EU is subject to the availability of the information justifies that the corresponding computerised format is not specified beyond the level of the overall structure and classes of elements composing the computerised format, while the detailed elements exchanged under each of those classes remain subject to its availability in each Member State.

               (9)

               Taking into account that the information exchanged under Article 8(3a) of Directive 2011/16/EU is to be collected by Reporting Financial Institutions pursuant to the applicable reporting and due diligence rules laid down in Annexes I and II to Directive 2011/16/EU and that the exchange is accordingly not subject to the condition of the availability of the information, the computerised format to be used should, in contrast, be expanded to encompass the lowest level of detail and include each element, together with its relevant attributes, if any.

               (10)

               According to Directive 2011/16/EU, the information should, as far as possible, be provided by electronic means using the Common Communication Network (‘CCN’). Where necessary, the practical arrangements for the communication should be specified. Detailed rules should apply to the communication of reports, statements and other documents not consisting in the information exchanged itself but supporting it and, in the case of communication outside the CCN network and without prejudice to other bilaterally agreed arrangements, to the communication and identification of the information exchanged.

               (11)

               Laws, regulations and administrative provisions in the Member States necessary to comply with Article 8(3a) of Directive 2011/16/EU regarding the mandatory automatic exchange of financial account information are to apply from 1 January 2016. This Regulation should therefore apply from the same date.

               (12)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on Administrative Cooperation for Taxation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Standard forms for exchanges on request, spontaneous exchanges, notifications and feedback
   1.   In regard to the forms to be used, ‘field’ means a location in a form where information to be exchanged pursuant to Directive 2011/16/EU may be recorded.
   2.   The form to be used for requests for information and for administrative enquiries pursuant to Article 5 of Directive 2011/16/EU and their replies, acknowledgments, requests for additional background information, inability or refusal pursuant to Article 7 of that Directive shall comply with Annex I to this Regulation.
   3.   The form to be used for spontaneous information and its acknowledgment pursuant to Articles 9 and 10 of Directive 2011/16/EU shall comply with Annex II to this Regulation.
   4.   The form to be used for requests for administrative notification pursuant to Article 13(1) and 13(2) of Directive 2011/16/EU and their responses pursuant to Article 13(3) of that Directive shall comply with Annex III to this Regulation.
   5.   The form to be used for feedback information pursuant to Article 14(1) of Directive 2011/16/EU shall comply with Annex IV to this Regulation.
   Article 2
   Computerised formats for the mandatory automatic exchange of information
   1.   The computerised format to be used for the mandatory automatic exchange of information pursuant to Article 8(1) of Directive 2011/16/EU shall comply with Annex V to this Regulation.
   2.   The computerised format to be used for the mandatory automatic exchange of information pursuant to Article 8(3a) of Directive 2011/16/EU shall comply with Annex VI to this Regulation.
   Article 3
   Practical arrangements regarding the use of the CCN network
   1.   The reports, statements and other documents referred to in the information communicated pursuant to Directive 2011/16/EU may be sent using means of communication other than the CCN network.
   2.   Where the information referred to in Directive 2011/16/EU is not exchanged by electronic means using the CCN network, and unless otherwise agreed bilaterally, the information shall be provided under cover of a letter describing the information communicated and duly signed by the competent authority communicating the information.
   Article 4
   Repeal
   Implementing Regulation (EU) No 1156/2012 is repealed with effect from 1 January 2016.
   References made to the repealed Implementing Regulation shall be construed as references to this Regulation.
   Article 5
   Entry into force and application
   This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2016.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 15 December 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 64, 11.3.2011, p. 1.

      (2)  Council Directive 77/799/EEC of 19 December 1977 concerning mutual assistance by the competent authorities of the Member States in the field of direct taxation (OJ L 336, 27.12.1977, p. 15).

      (3)  Council Directive 2014/107/EU of 9 December 2014 amending Directive 2011/16/EU as regards mandatory automatic exchange of information in the field of taxation (OJ L 359, 16.12.2014, p. 1).

      (4)  Commission Implementing Regulation (EU) No 1156/2012 of 6 December 2012 laying down detailed rules for implementing certain provisions of Council Directive 2011/16/EU on administrative cooperation in the field of taxation (OJ L 335, 7.12.2012, p. 42).

      ANNEX I

         Form referred to in Article 1(2)

      The form for requests for information and for administrative enquiries pursuant to Article 5 of Directive 2011/16/EU and their replies, acknowledgments, requests for additional background information, inability or refusal pursuant to Article 7 of Directive 2011/16/EU contains the following fields (1):

                  —

                  Legal basis

                  —

                  Reference number

                  —

                  Date

                  —

                  Identity of the requesting and requested authorities

                  —

                  Identity of the person under examination or investigation

                  —

                  General case description and, if appropriate, specific background information likely to allow assessing the foreseeable relevance of the information requested to the administration and enforcement of the domestic laws of the Member States concerning the taxes referred to in Article 2 of Directive 2011/16/EU.

                  —

                  Tax purpose for which the information is sought

                  —

                  Period under investigation

                  —

                  Name and address of any person believed to be in possession of the requested information

                  —

                  Fulfilment of the legal requirement imposed by Article 16(1) of Directive 2011/16/EU

                  —

                  Fulfilment of the legal requirement imposed by Article 17(1) of Directive 2011/16/EU

                  —

                  Reasoned request for a specific administrative enquiry and reasons for refusal to undertake the requested specific administrative enquiry

                  —

                  Acknowledgement of the request for information

                  —

                  Request for additional background information

                  —

                  Reasons for inability or refusal to provide information

                  —

                  Reasons for a failure to respond by the relevant time limit and date by which the requested authority considers it might be able to respond.

         (1)  However, only the fields actually filled in a given case need to appear in the form used in that case.

      ANNEX II

         Form referred to in Article 1(3)

      The form for spontaneous information and its acknowledgment pursuant to Articles 9 and 10 respectively of Directive 2011/16/EU contains the following fields (1):

                  —

                  Legal basis

                  —

                  Reference number

                  —

                  Date

                  —

                  Identity of the sending and receiving authorities

                  —

                  Identity of the person subject to the spontaneous exchange of information

                  —

                  Period covered by the spontaneous exchange of information

                  —

                  Fulfilment of the legal requirement imposed by Article 16(1) of Directive 2011/16/EU

                  —

                  Acknowledgement of the spontaneous information.

         (1)  However, only the fields actually filled in a given case need to appear in the form used in that case.

      ANNEX III

         Form referred to in Article 1(4)

      The form for request for notification pursuant to Article 13(1) and 13(2) of Directive 2011/16/EU and their responses pursuant to Article 13(3) of that Directive contains the following fields (1):

                  —

                  Legal basis

                  —

                  Reference number

                  —

                  Date

                  —

                  Identity of the requesting and requested authorities

                  —

                  Name and address of the addressee of the instrument or decision

                  —

                  Other information which may facilitate the identification of the addressee

                  —

                  Subject of the instrument or decision

                  —

                  Response of the requested authority, in accordance with Article 13(3) of Directive 2011/16/EU, including the date of notification of the instrument or decision to the addressee.

         (1)  However, only the fields actually filled in a given case need to appear in the form used in that case.

      ANNEX IV

         Form referred to in Article 1(5)

      The form for feedback pursuant to Article 14(1) of Directive 2011/16/EU contains the following fields (1):

                  —

                  Reference number

                  —

                  Date

                  —

                  Identity of the competent authority issuing the feedback

                  —

                  General feedback on the information provided

                  —

                  Results directly related to the information provided.

         (1)  However, only the fields actually filled in a given case need to appear in the form used in that case.

      ANNEX V

         Computerised format referred to in Article 2(1)

      The computerised formats for the mandatory automatic exchange of information pursuant to Article 8(1) of Directive 2011/16/EU comply with the following tree structure and contains the following classes of elements (1):

                  (a)

                  As regards the overall message:

                  (b)

                  As regards the body for communicating information on income from employment or director's fees:

                  (c)

                  As regards the body for communicating information on pensions:

                  (d)

                  As regards the body for communicating information on life insurance products:

                  (e)

                  As regards the body for communicating information on ownership of and income from immovable property:

                  (f)

                  As regards the body in case no information is to be communicated in relation to a specific category:

                  (g)

                  As regards the body for an acknowledgement of receipt of the information for a specific category:

         (1)  However, only the classes of elements actually available and applicable in a given case need to appear in the computerised format used in that case.

      ANNEX VI

         Computerised format referred to in Article 2(2)

      The computerised format for the mandatory automatic exchange of information pursuant to Article 8(3a) of Directive 2011/16/EU complies with the following tree structure and contains the following elements and attributes (1):

                  (a)

                  As regards the overall message:

                  (b)

                  As regards the types common to FATCA and CRS used in the message under point (a) above:

                  (c)

                  As regards the common OECD types used in the message under point (a) above:

         (1)  However, only the elements and attributes actually applicable in a given case further to the performance of the reporting and due diligence rules included in Annexes I and II to Directive 2011/16/EU need to appear in the computerised format used in that case.


title: Commission Implementing Regulation (EU) 2016/1963 of 9 November 2016 amending Implementing Regulation (EU) 2015/2378 as regards standard forms and linguistic arrangements to be used in relation to Council Directives (EU) 2015/2376 and (EU) 2016/881

text:
               10.11.2016

               EN

               Official Journal of the European Union

               L 303/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2016/1963
   of 9 November 2016
   amending Implementing Regulation (EU) 2015/2378 as regards standard forms and linguistic arrangements to be used in relation to Council Directives (EU) 2015/2376 and (EU) 2016/881
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (1), and in particular Article 20(5) and (6) thereof,
   Whereas:

               (1)

               Article 8a of Directive 2011/16/EU provides for mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements. A standard form, including linguistic arrangements, should be used for those exchanges and a secure Member State central directory where the information be recorded should be developed.

               (2)

               Article 8aa of Directive 2011/16/EU provides for mandatory automatic exchange of information on country-by-country reports. Linguistic arrangements should be adopted as regards the form to be used for the exchanges.

               (3)

               Commission Implementing Regulation (EU) 2015/2378 (2) should therefore be amended accordingly.

               (4)

               For reasons of coherence and legal certainty, it is appropriate to align the dates of application of this Regulation with the dates by which the laws, regulations and administrative provisions in the Member States necessary to comply with Articles 8a and 8aa of Directive 2011/16/EU should apply.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on Administrative Cooperation for Taxation,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendments to Implementing Regulation (EU) 2015/2378
   Implementing Regulation (EU) 2015/2378 is amended as follows:

               (1)

               The following Article 2a is inserted:
               ‘Article 2a
               Standard forms, including linguistic arrangements, for the mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements
               1.   In regard to the forms to be used, “component” and “field” mean a location in a form where information to be exchanged pursuant to Directive 2011/16/EU may be recorded.
               2.   The form to be used for the mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements pursuant to Article 8a of Directive 2011/16/EU shall comply with Annex VII to this Regulation.
               3.   The key elements referred to in Article 20(5) of Directive 2011/16/EU are the components listed in points (b), (h) and (i) of Article 8a(6) of that Directive and those key elements shall also be sent in English.’

               (2)

               The following Article 2b is inserted:
               ‘Article 2b
               Linguistic arrangements for the mandatory automatic exchange of information on the country-by-country report
               The key elements referred to in Article 20(6) of Directive 2011/16/EU are the information or explanation included in Table 3 of Section III of Annex III to that Directive and those key elements shall also be sent in English, except if another official language of the Union has been agreed to be used between the sending Member State and all the other Member States to which information is sent pursuant to Article 8aa(2) of Directive 2011/16/EU.’

               (3)

               Annex VII is added as set out in the Annex to this Regulation.

         Article 2
   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 1 January 2017.
   However, Article 1(2) shall apply from 5 June 2017.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 9 November 2016.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 64, 11.3.2011, p. 1.

      (2)  Commission Implementing Regulation (EU) 2015/2378 of 15 December 2015 laying down detailed rules for implementing certain provisions of Council Directive 2011/16/EU on administrative cooperation in the field of taxation and repealing Implementing Regulation (EU) No 1156/2012 (OJ L 332, 18.12.2015, p. 19).

      ANNEX
      The following Annex is added to Implementing Regulation (EU) 2015/2378:

            ‘ANNEX VII

               Form referred to in Article 2a

            The form for the mandatory automatic exchange of advance cross-border rulings and advance pricing arrangements pursuant to Article 8a of Directive 2011/16/EU contains, in addition to the components listed in Article 8a(6) of that Directive, the following field:

                        (a)

                        Ruling Reference.’


title: Commission Implementing Regulation (EU) No 1205/2012 of 14 December 2012 amending Regulation (EU) No 802/2010 as regards the company performance Text with EEA relevance

text:
               15.12.2012

               EN

               Official Journal of the European Union

               L 347/10

         COMMISSION IMPLEMENTING REGULATION (EU) No 1205/2012
   of 14 December 2012
   amending Regulation (EU) No 802/2010 as regards the company performance
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (1), and in particular Article 27 thereof,
   Whereas:

               (1)

               Company performance is one of the generic parameters determining the risk profile of a ship.

               (2)

               In order to assess company performance, the deficiency and detention rates of all ships in a company’s fleet, which have been subject to an inspection within the Union and within the region covered by the Paris Memorandum of Understanding on port State control (Paris MoU), should be taken into account.

               (3)

               The implementing rules to calculate the company performance criteria for the ship risk profile as well as the methodology for drawing up the lists for publication are set out in Commission Regulation (EU) No 802/2010 of 13 September 2010 implementing Article 10(3) and Article 27 of Directive 2009/16/EC of the European Parliament and of the Council as regards company performance (2).

               (4)

               Simulations of the publication of the lists based on the information recorded in the inspection database demonstrate that the methodology for publication set out in Regulation (EU) No 802/2010 should be more targeted.

               (5)

               Therefore in order to make the lists of companies with a low or very low performance relevant it is necessary to amend the criteria used for drawing these lists to focus publication on the poorest performing companies. This should not change the computation of the company performance calculation for the ship risk profile.

               (6)

               To be listed on the lists of low and very low performing companies the company should have demonstrated a level of poor performance for a continuous period of 36 months directly preceding the publication. A consistently poor performance for such an extended period demonstrates an unwillingness or inability on the part of the company to improve performance. As publication on the lists is based on the processing of the data corresponding to the performance of the companies for 36 months, sufficient time should be provided before the first publication in order to gather in the THETIS database sufficient data reported by the Member States in accordance with Directive 2009/16/EC.

               (7)

               The companies to be listed are exclusively determined on the basis of the information transferred and validated by the Member States in the inspection database, in conformity with Article 24(3) of Directive 2009/16/EC. This information includes inspections of the ships, deficiencies identified during the inspections and detentions. It also includes the ship information (name, IMO identification number, call sign and flag) as well as the name of the owner or person such as the manager or bareboat charterer, who has assumed the responsibility for the operation of the ship as well as the duties and responsibilities imposed by the International Safety Management (ISM) Code. In this way the performance of a company and of the vessels for which it is responsible can be automatically monitored in the inspection database and the lists can be updated on a daily basis.

               (8)

               The Commission should be able to retrieve from the inspection database, using its automatic functionalities, the relevant data in order to determine the companies to be included on the list of companies with a low and very low performance.

               (9)

               The methodology for determining the company performance matrix is based on the processing of the detention index and the deficiency index of the company as provided for in the Annex to Regulation (EU) No 802/2010.

               (10)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on Safe Seas and the Prevention of Pollution from Ships,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Article 3(2) of Regulation (EU) No 802/2010 is replaced by the following:

      ‘2.   EMSA shall publish, from 1 January 2014, and update on a daily basis on its public website the following information:

                  (a)

                  the list of companies whose performance has been very low for a continuous period of 36 months;

                  (b)

                  the list of companies whose performance has been low or very low for a continuous period of 36 months;

                  (c)

                  the list of companies whose performance has been low for a continuous period of 36 months.’.

   Article 2
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 14 December 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 131, 28.5.2009, p. 57.

      (2)  OJ L 241, 14.9.2010, p. 4.


title: Commission Implementing Regulation (EU) No 1140/2014 of 27 October 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               28.10.2014

               EN

               Official Journal of the European Union

               L 307/36

         COMMISSION IMPLEMENTING REGULATION (EU) No 1140/2014
   of 27 October 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 27 October 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  55,3

                  MA

                  105,2

                  MK

                  84,3

                  ZZ

                  81,6

                  0707 00 05

                  AL

                  59,9

                  MK

                  80,7

                  TR

                  133,3

                  ZZ

                  91,3

                  0709 93 10

                  MA

                  99,6

                  TR

                  108,6

                  ZZ

                  104,1

                  0805 50 10

                  AR

                  78,7

                  TR

                  99,7

                  UY

                  86,1

                  ZA

                  84,3

                  ZZ

                  87,2

                  0806 10 10

                  BR

                  278,9

                  MD

                  39,0

                  PE

                  350,2

                  TR

                  147,0

                  ZZ

                  203,8

                  0808 10 80

                  BR

                  53,3

                  CL

                  86,3

                  CN

                  117,7

                  MD

                  27,7

                  NZ

                  148,8

                  US

                  191,0

                  ZA

                  157,5

                  ZZ

                  111,8

                  0808 30 90

                  CN

                  106,3

                  TR

                  114,2

                  ZZ

                  110,3

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


title: Commission Implementing Regulation (EU) No 646/2012 of 16 July 2012 laying down detailed rules on fines and periodic penalty payments pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council  Text with EEA relevance

text:
               17.7.2012

               EN

               Official Journal of the European Union

               L 187/29

         COMMISSION IMPLEMENTING REGULATION (EU) No 646/2012
   of 16 July 2012
   laying down detailed rules on fines and periodic penalty payments pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (1), and in particular Article 25(3) thereof,
   Whereas:

               (1)

               Regulation (EC) No 216/2008 aims to establish and maintain a high uniform level of civil aviation safety in Europe. That Regulation provides for the means of achieving that objective and other objectives in the field of civil aviation safety.

               (2)

               Pursuant to Regulation (EC) No 216/2008 the European Aviation Safety Agency (‘the Agency’) is responsible for the certification of certain products, persons and undertakings. In those areas under its responsibility, the Agency has to oversee that those products, persons and undertakings comply with the applicable requirements including the provisions of Regulation (EC) No 216/2008 and its implementing rules.

               (3)

               In cases where identified potential shortcomings are not adequately resolved during the existing oversight process, Article 25 of Regulation (EC) No 216/2008 empowers the Commission, at the request of the Agency, to impose fines or periodic penalty payments on holders of certificates issued by the Agency for the intentional or negligent breach of any of the obligations laid down in Regulation (EC) No 216/2008 or its implementing rules.

               (4)

               Through the introduction of fines and periodic penalty payments the Commission should have a supplementary tool, allowing it to give a more nuanced, flexible and graduated response to a breach of the rules, compared to the withdrawal of a certificate which the Agency has issued.

               (5)

               It is necessary to lay down rules concerning procedures, inquiries, associated measures and reporting by the Agency as well as rules of procedure for decision-making, including provisions on the quantification and collection of fines and periodic penalty payments. It is also necessary to lay down detailed criteria for establishing the amount of the fines or periodic penalty payments.

               (6)

               These rules and procedures should be guided by the need to ensure the highest possible safety and environmental protection standards, by the need to encourage an effective conduct of the inquiry and of the decision-making phases as well as by the need to guarantee the fairness and transparency of the procedures and the imposition of fines and periodic penalty payments.

               (7)

               The provisions of this Regulation can be effectively enforced only in a framework of close cooperation between the Member States, the Commission and the Agency. For that purpose it is necessary to set up arrangements for consultation and cooperation between them in order to ensure the effective conduct of the inquiry and the decision-making process regarding alleged breaches.

               (8)

               It is appropriate that, for the purposes of the initiation and conduct of the non-compliance procedure and the quantification of fines and periodic penalty payments, the Commission and the Agency should take into account other procedures against the same certificate holder which have been initiated or concluded by a Member State or by third countries.

               (9)

               The Commission and the Agency should also take into account any pending procedure initiated, or decision taken, by the Agency regarding the amendment, limitation, suspension or revocation of the relevant certificate in accordance with Regulation (EC) No 216/2008.

               (10)

               Without prejudice to Union law preventing the use of safety information for the purposes of blame or liability, in particular Article 16(2) of Regulation (EC) No 216/2008, Article 19(2) of Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (2) and Article 7 of Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 on occurrence reporting in civil aviation (3), any oversight power conferred on the Commission or the Agency by Union law as regards certificates issued in accordance with Regulation (EC) No 216/2008 may be used in the course of the investigation or during the decision-making stages of such a non-compliance procedure. The Commission's decision imposing fines or periodic penalty payments should be based on the inquiry by the Agency, the observations of the certificate holder subject to the non-compliance procedure and, where appropriate, other information submitted to the Agency and the Commission.

               (11)

               It is appropriate to give certificate holders the opportunity, within a specified time-limit, to voluntarily comply with Regulation (EC) No 216/2008 and its implementing rules, in which case no fines or periodic penalty payments should be imposed by the Commission. This possibility to demonstrate voluntary compliance should nonetheless be limited in time.

               (12)

               Decisions imposing fines or periodic penalty payments should be based exclusively on grounds on which the certificate holder concerned has been able to comment.

               (13)

               The fines or periodic penalty payments imposed should be effective, proportionate and dissuasive, having regard to the circumstances of the specific case.

               (14)

               It appears appropriate to provide for a specific procedure in cases where the Commission intends to impose periodic penalty payments for failure by a certificate holder subject to a non-compliance procedure to cooperate with the Commission or the Agency with regard to measures of inquiry or other requests for information.

               (15)

               This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular as regards the rights of defence and the principle of confidentiality in accordance with the general principles of law and the case-law of the Court of Justice of the European Union.

               (16)

               For the purposes of ensuring legal certainty in the conduct of the non-compliance procedure, it is necessary to lay down detailed rules for the computation of time-limits and limitation periods for the imposition and enforcement of fines and periodic penalty payments.

               (17)

               Decisions imposing fines and periodic penalty payments should be enforceable in accordance with Article 299 of the Treaty on the Functioning of the European Union and should be subject to review by the Court of Justice of the European Union.

               (18)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65(1) of Regulation (EC) No 216/2008,

         HAS ADOPTED THIS REGULATION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Subject-matter and scope
   1.   This Regulation lays down detailed rules for the implementation of Regulation (EC) No 216/2008 concerning the criteria for establishing the amount of fines or periodic penalty payments, procedures for inquiries, associated measures and reporting, as well as rules of procedure for decision-making, including provisions on rights of defence, access to the file, legal representation, confidentiality and temporal provisions and the quantification and collection of fines and periodic penalty payments.
   2.   This Regulation applies to the imposition:

               (a)

               of fines on persons and undertakings to which the European Aviation Safety Agency (‘the Agency’) has issued a certificate (‘certificate holder’) where, intentionally or negligently, the provisions of Regulation (EC) No 216/2008 or its implementing rules have been breached and where interests of the Union are involved;

               (b)

               of periodic penalty payments on certificate holders referred to in point (a) in order to compel them to comply with Regulation (EC) No 216/2008 or its implementing rules.

         CHAPTER II

      NON-COMPLIANCE PROCEDURE

      SECTION 1

         Inquiry

   Article 2
   The non-compliance procedure
   1.   The non-compliance procedure laid down in this Chapter covers all the administrative stages of investigation of possible breaches of Regulation (EC) No 216/2008 or its implementing rules.
   2.   The Agency may initiate the non-compliance procedure on its own initiative or following a request from the Commission or a Member State.
   3.   Where the initiation of the non-compliance procedure follows a request from the Commission or a Member State, the Commission or the Member State shall be informed by the Agency of the course given to their request.
   Article 3
   Requests for information
   1.   For the purposes of initiating and conducting a non-compliance procedure the Agency may use any information obtained in the exercise of any oversight power conferred on it by Union law as regards certificates issued in accordance with Regulation (EC) No 216/2008. This empowerment is without prejudice to Union law preventing the use of information for the purposes of attributing blame or liability.
   2.   Prior to initiating a non-compliance procedure, the Agency may request from the certificate holder concerned information relating to the alleged breach.
   The Agency shall state the purpose of the request and the fact that it is made under this Regulation, and set a time-limit for the submission of the information.
   Article 4
   Notification
   1.   The Agency shall send written notification of the initiation of a non-compliance procedure to the certificate holder, to the Commission and to the national aviation authorities of the Member State(s) or the third country or countries where the certificate holder has its principal place of business and where the breach has taken place as well as, where appropriate, to the aeronautical authorities of third countries and international organisations competent in matters covered by this Regulation.
   2.   The notification shall:

               (a)

               set out the allegations against the certificate holder, specifying the provisions of Regulation (EC) No 216/2008 or its implementing rules allegedly breached, and the evidence on which those allegations are founded; and

               (b)

               inform the certificate holder that a fine or a periodic penalty payment may be imposed.

         Article 5
   Inquiries
   1.   Once the inquiry has been initiated, the Agency shall clarify the facts and allegations.
   2.   The Agency may request the certificate holder to provide written or oral explanations, or particulars or documents.
   The request shall be addressed in writing to the certificate holder. The Agency shall state the legal basis and the purpose of the request, set a time-limit by which the information is to be provided, and inform the certificate holder about the periodic penalty payments provided for in Article 16(1)(a) and (b) for failing to comply with the request or for supplying incorrect or misleading information.
   3.   The Agency may request national aviation authorities to cooperate in the investigation and, in particular, to provide any information relating to the alleged breach.
   The request shall state the legal basis and the purpose of the request and shall set a time-limit for the submission of the reply or the conduct of the measure of inquiry.
   4.   The Agency may ask any natural or legal persons or aeronautical authorities of third countries to provide information relating to the alleged breach.
   The request shall state the legal basis and the purpose of the request, and shall set a time-limit by which the information is to be provided.
   Article 6
   Voluntary compliance
   1.   At the notification of the initiation of the non-compliance procedure or thereafter the Agency shall set a time-limit within which the certificate holder may indicate in writing that it has voluntarily complied, or, where appropriate, that it intends to comply, with the breached provisions. In case of voluntary compliance by the certificate holder within the time-limit set by the Agency, the Agency shall decide to close the initiated non-compliance procedure.
   The Agency shall not be obliged to take into account replies received after the expiry of that time-limit.
   2.   The time-limit provided for in paragraph 1 shall in no case expire later than the date on which the Agency notifies the statement of objections provided for in Article 7.
   Article 7
   Statement of objections
   1.   When the Agency has established the facts and found that there are grounds to continue the non-compliance procedure, it shall notify in writing a statement of objections to the certificate holder concerned. The statement of objections shall contain:

               (a)

               the allegations against the certificate holder, specifying the provisions of Regulation (EC) No 216/2008 or its implementing rules allegedly breached, and the evidence on which those allegations are founded;

               (b)

               the information that a fine or a periodic penalty payment may be imposed.

         2.   When notifying the statement of objections, the Agency shall invite the certificate holder to submit written observations in response. It shall do so in writing, indicating a time-limit for the submission of those observations.
   Article 8
   Oral hearing
   1.   Where a certificate holder requests it, the Agency shall give them an opportunity to develop their arguments at an oral hearing.
   2.   Where necessary, the Agency may invite the national aviation authorities or any other persons to take part in the oral hearing.
   3.   The oral hearing shall not be public. Each person may be heard separately or in the presence of other persons invited to attend, having regard to the legitimate interest of certificate holders and other persons in the protection of their business secrets and other confidential information.
   Article 9
   Time limits
   For the purposes of ensuring legal certainty in the conduct of the inquiry procedure, the Agency shall lay down detailed rules for the setting of time-limits.
   Article 10
   Report
   1.   The Agency shall provide the Commission, the Member States and the certificate holder with a report summarising its findings in the light of the inquiry conducted in accordance with this Section. The Agency shall also submit to the Commission the file under inquiry.
   2.   Where the report by the Agency concludes that the certificate holder has breached provisions of Regulation (EC) No 216/2008 or its implementing rules, the report shall also include:

               (a)

               an assessment of the circumstances of the case in accordance with the criteria set out in Article 15 of this Regulation;

               (b)

               a request to the Commission for imposition of a fine or a periodic penalty payment;

               (c)

               a reasoned proposal containing the amount of the fine or periodic penalty payment.

         3.   The Agency shall adopt its report no later than [12 months] after notification of initiation of the non-compliance procedure in accordance with Article 4 or [6 months] after notification by the Commission of the return of the file in accordance with Article 12.

      SECTION 2

         Decision-making

   Article 11
   Requests for information
   1.   Where, following a request from the Agency pursuant to Article 10 (2)(b), the Commission decides to further pursue the non-compliance procedure, it may request in writing the certificate holder to provide written or oral explanations, or particulars or documents. In such a case, the Commission shall inform the certificate holder of the periodic penalty payments provided for in Article 16(1) (c) and (d) for failing to comply with the request or for supplying incorrect or misleading information.
   The Commission may also request the Agency, national aviation authorities or any natural or legal persons to provide information relating to the alleged breach.
   2.   The Commission shall ensure that the certificate holder can provide any written explanation or particular or documents in support of its case. Certificate holders may request an oral hearing but the Commission shall have the right to agree to such request only when it considers it necessary.
   Article 12
   New period of inquiry
   Having regard to the report of the Agency, the observations of the certificate holder on the basis of that report, and other relevant information, the Commission may consider that additional information is needed. In that case it may return the file to the Agency. The Commission shall clearly indicate to the Agency the points of fact which the Agency needs to investigate further and, if appropriate, suggest possible measures of inquiry to that effect, as provided for in Regulation (EC) No 216/2008. Section 1 of Chapter II of this Regulation shall apply to the conduct of the new period of inquiry.

      SECTION 3

         Decisions on fines and periodic penalty payments

   Article 13
   Fines and periodic penalty payments and maximum amounts
   1.   Where following the decision-making provided for in Section 2, the Commission finds that the certificate holder has intentionally or negligently breached Regulation (EC) No 216/2008 or its implementing rules, it may adopt a decision imposing a fine not exceeding 4 % of the annual income or turnover of the certificate holder in the preceding business year.
   2.   Where the certificate holder has not terminated the breach at the time of the adoption of the decision referred to in paragraph 1, the Commission may, in that decision, impose periodic penalty payments per day not exceeding 2,5 % of the average daily income or turnover of the certificate holder in the preceding business year.
   These periodic penalty payments may be imposed for a period running from the date of notification of the decision until the day on which the breach is brought to an end.
   3.   For the purposes of paragraphs 1 and 2, the preceding business year refers to the business year preceding the date of the decision referred to in paragraph 1.
   4.   Fines and periodic penalty payments shall be of an administrative nature.
   5.   The decision imposing fines and periodic penalty payments shall be enforceable.
   Article 14
   Contents of decisions
   1.   The decision provided for in Article 13 shall be based exclusively on grounds on which the certificate holder has been able to submit observations to the Commission.
   2.   The Commission shall inform the certificate holder of the judicial remedies available.
   3.   The Commission shall inform the Member States and the Agency about the adoption of the decision.
   4.   When publishing details of its decision and informing the Member States, the Commission shall have regard to the legitimate interest of certificate holders and other persons in the protection of their business secrets.
   Article 15
   Criteria governing the application and quantification of fines and periodic penalty payments
   1.   In determining whether to impose fines and periodic penalty payments and the amount of those fines and payments, the Commission shall be guided by the principles of effectiveness, proportionality and dissuasiveness.
   2.   In each case, the Commission shall take into consideration, where relevant, the following circumstances:

               (a)

               the seriousness and the effects of the breach and in particular, the implications and effects for safety and for the environment of such breach;

               (b)

               the degree of diligence and cooperation shown by the certificate holder in the detection of the breach and the application of the corrective action, or during the course of the non-compliance procedure or, any obstruction by the certificate holder of the detection of a breach and the conduct of a non-compliance procedure, or any non-compliance by the certificate holder with requests made by the Agency, the Commission or a national aviation authority in application of this Regulation;

               (c)

               the good faith of the certificate holder in the interpretation and fulfilment of the obligations connected with certificate holders in accordance with Regulation (EC) No 216/2008 or its implementing rules, or any evidence of wilful deceit on the part of the certificate holder;

               (d)

               the turnover involved in the case and the economic capacity of the certificate holder concerned;

               (e)

               the need to adopt provisional or urgent measures;

               (f)

               the repetition, frequency or duration of the breach by the certificate holder;

               (g)

               prior sanctions, including financial penalties, imposed on the same certificate holder.

         3.   In determining the amount of the fine and the periodic penalty payment, the Commission shall take into account any enforcement measures already taken regarding the certificate holder at national level or by the Agency and based on the same legal grounds and the same facts.

      SECTION 4

         Non-cooperation

   Article 16
   Periodic penalty payments for non-cooperation
   1.   At the Agency's request or at its own initiative, the Commission may by decision impose on certificate holders periodic penalty payments per day not exceeding [0,5] % of the average daily income or turnover of the certificate holders in the preceding business year where, intentionally or negligently:

               (a)

               they do not comply with a measure of inquiry adopted pursuant to Article 5;

               (b)

               they supply incorrect or misleading information in response to a measure of inquiry adopted pursuant to Article 5;

               (c)

               they do not comply with a request for information pursuant to Article 11;

               (d)

               they supply incorrect or misleading information in response to a request for information pursuant to Article 11.

         Periodic penalty payments may be imposed for a period running from the date of notification of that decision until the non-cooperation has ceased.
   2.   For the purposes of paragraph 1, the preceding business year refers to the business year preceding the date of the decision referred to in paragraph 1.
   Article 17
   Procedure
   Where the Commission intends to adopt a decision as referred to in Article 16(1), it shall first notify in writing the certificate holder, setting a time-limit within which the certicate holder may submit written observations to the Commission.
   The Commission shall not be obliged to take into account written observations received after the expiry of that time-limit.
   Article 18
   Complementarity of procedures
   For the purposes of the initiation and conduct of the non-compliance procedure, the Commission and the Agency shall take into account:

               (a)

               any non-compliance procedures already initiated or concluded by a Member State or a third country against the same certificate holder and based on the same legal grounds and the same facts; and

               (b)

               any procedure initiated by the Agency pursuant to Regulation (EC) No 216/2008 against the same certificate holder and based on the same legal grounds and the same facts, with the view to amending, limiting, suspending or revoking the relevant certificate.

      SECTION 5

   Article 19
   Recovery of fines and periodic penalty payments
   The Commission shall proceed with the recovery of fines and periodic penalty payments by establishing a recovery order and issuing a debit note addressed to the certificate holder concerned in accordance with Council Regulation (EC, Euratom) No 1605/2002 (4) and Commission Regulation (EC, Euratom) No 2342/2002 (5).
   CHAPTER III

      ACCESS TO THE FILE, LEGAL REPRESENTATION, CONFIDENTIALITY AND TEMPORAL PROVISIONS

      SECTION 1

         Rights of defence

   Article 20
   Access to the file
   1.   Following notification under Article 4, the certificate holder shall have the right, on request, to access the documents and other materials compiled by the Commission and the Agency which serve as evidence of an alleged breach.
   2.   Documents obtained through access to the file shall be used only for the purposes of judicial or administrative proceedings for the application of this Regulation.
   Article 21
   Legal representation
   The certificate holder shall have the right to legal representation during the non-compliance procedure.
   Article 22
   Confidentiality, professional secrecy and right to remain silent
   1.   Without prejudice to the exchange and use of information provided for in Articles 5(3) and 11(1), a non-compliance procedure shall be conducted subject to the principles of confidentiality and of professional secrecy.
   The Commission, the Agency and the national aviation authorities, when involved under Articles 5(3) and 11(1), their officials and other persons working under their supervision shall not disclose information acquired or exchanged by them pursuant to this Regulation and of the kind covered by the obligation of confidentiality and professional secrecy.
   2.   Without prejudice to the right to access the file, the certificate holder shall not have access to business secrets, confidential information or internal documents held by the Commission or the Agency.
   3.   Any person who submits observations or information pursuant to this Regulation shall clearly identify any material considered to be confidential, giving reasons, and provide a separate non-confidential version by the date set by the Commission or the Agency. In the absence of such identification, the Commission may assume that the observations or information submitted do not contain confidential information.
   4.   A certificate holder shall have the right to remain silent in situations where they would otherwise be compelled to provide answers which might involve an admission on their part of the existence of a breach.

      SECTION 2

         Temporal provisions

   Article 23
   Application of time-limits
   1.   The time-limits laid down in this Regulation shall run from the day following receipt of a communication or delivery thereof by hand.
   Where the certificate holder is required to submit observations or information within a time-limit, it shall be sufficient for the submission to have been dispatched by registered post before the expiry of the time-limit.
   2.   Where a time-limit falls to expire on a Saturday, Sunday or public holiday, it shall be extended up to the end of the following working day.
   3.   In setting the time-limits provided for in this Regulation, the Commission and the Agency, as the case may be, shall have regard both to the time required for preparation of the submission and to the urgency of the case.
   4.   Where appropriate and upon reasoned request made before the expiry of the original time-limit, time-limits may be extended.
   Article 24
   Limitation periods for the imposition of fines and periodic penalty payments
   1.   The right of the Commission to adopt a decision imposing fines and periodic penalty payments pursuant to Article 13 shall expire after five years.
   In the case of the periodic penalty payments provided for in Article 16, the right of the Commission to adopt a decision imposing such a penalty shall expiry after three years.
   Time shall begin to run on the day on which the breach is committed. However, in case of continuing or repeated breaches, time shall begin to run on the day on which the breach ceases.
   2.   Any action taken by the Commission or the Agency for the purpose of the investigation or non-compliance procedure shall interrupt the limitation periods provided for in paragraph 1. The limitation period shall be interrupted with effect from the date on which the action is notified to the certificate holder.
   3.   Each interruption shall start time running afresh. The limitation period shall, however, not exceed a period equal to twice the initial limitation period, except where limitation is suspended pursuant to paragraph 4. In that case, the limitation period shall be extended by the time during which limitation is suspended.
   4.   The limitation period for the imposition of periodic penalty payments shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.
   Article 25
   Limitation periods for the collection of fines and periodic penalty payments
   1.   The right to start a recovery procedure shall expire one year after the decision pursuant to Article 13 or 16 has become final.
   2.   The limitation period for the recovery of fines and periodic penalty payments shall be interrupted by any action of the Commission or of a Member State, acting at the request of the Commission, designed to enforce payment of the fines or periodic penalty payments.
   3.   Each interruption shall start time running afresh.
   4.   The limitation period for the recovery of fines and periodic penalty payments shall be suspended for so long as:

               (a)

               time to pay is allowed;

               (b)

               enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union.

         CHAPTER IV

      FINAL PROVISIONS

   Article 26
   Application
   In the case of breaches which began before its entry into force, this Regulation shall apply to the part of the breach which takes places after that date.
   Article 27
   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, 16 July 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 79, 13.3.2008, p. 1.

      (2)  OJ L 295, 12.11.2010, p. 35.

      (3)  OJ L 167, 4.7.2003, p. 23.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 1.


title: Commission Implementing Regulation (EU) No 1205/2014 of 7 November 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               8.11.2014

               EN

               Official Journal of the European Union

               L 325/11

         COMMISSION IMPLEMENTING REGULATION (EU) No 1205/2014
   of 7 November 2014
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 7 November 2014.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  AL

                  66,6

                  MA

                  83,4

                  MK

                  65,0

                  ZZ

                  71,7

                  0707 00 05

                  AL

                  79,4

                  JO

                  194,1

                  MK

                  74,3

                  TR

                  126,7

                  ZZ

                  118,6

                  0709 93 10

                  MA

                  61,1

                  TR

                  136,9

                  ZZ

                  99,0

                  0805 20 10

                  MA

                  125,8

                  TR

                  61,9

                  ZZ

                  93,9

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

                  MK

                  74,3

                  TR

                  65,8

                  ZZ

                  70,1

                  0805 50 10

                  AR

                  78,7

                  MA

                  52,7

                  TR

                  91,2

                  ZZ

                  74,2

                  0806 10 10

                  BR

                  277,0

                  LB

                  284,9

                  PE

                  229,1

                  TR

                  146,8

                  US

                  303,6

                  ZA

                  133,6

                  ZZ

                  229,2

                  0808 10 80

                  AR

                  153,3

                  BA

                  46,1

                  BR

                  53,5

                  CA

                  136,0

                  CL

                  92,0

                  CN

                  68,5

                  NZ

                  141,9

                  US

                  193,3

                  ZA

                  164,7

                  ZZ

                  116,6

                  0808 30 90

                  CN

                  85,5

                  ZA

                  57,4

                  ZZ

                  71,5

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