title: Commission Implementing Regulation (EU) No 688/2011 of 18 July 2011 derogating, for 2011, from Regulation (EC) No 501/2008 by establishing an additional timetable for presenting and selecting information and promotion programmes for fresh fruit and vegetables on the internal market and in third countries

text:
               19.7.2011

               EN

               Official Journal of the European Union

               L 188/6

         COMMISSION IMPLEMENTING REGULATION (EU) No 688/2011
   of 18 July 2011
   derogating, for 2011, from Regulation (EC) No 501/2008 by establishing an additional timetable for presenting and selecting information and promotion programmes for fresh fruit and vegetables on the internal market and in third countries
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 3/2008 of 17 December 2007 on information provision and promotion measures for agricultural products on the internal market and in third countries (1), and in particular Article 15 thereof,
   Whereas:

               (1)

               Article 3(1)(c) of Regulation (EC) No 3/2008 specifies that the sectors or products which may be the subject of information provision and promotion measures financed in full or in part from the budget of the European Union are to be determined bearing in mind in particular the need to tackle specific or short-term difficulties in individual sectors.

               (2)

               Article 3(2)(a) of Regulation (EC) No 3/2008 specifies that the products that may be the subject of information provision and promotion measures financed in full or in part from the budget of the European Union and to be carried out in third countries are specifically those for which export opportunities or potential new market outlets exist, especially where export refunds will not be required.

               (3)

               The fresh fruit and vegetable sector is being adversely affected by an unprecedented crisis on account of an epidemic caused by the Escherichia coli bacteria. This epidemic has led to a crisis of confidence among consumers which has led to a substantial drop in consumption. Consumer confidence in fresh fruit and vegetable products produced in the EU should therefore be strengthened.

               (4)

               This crisis of confidence has also led to acute economic difficulties, such that the economic survival of a significant number of farms in the EU fresh fruit and vegetable sector is in jeopardy. The opportunities for exporting fresh fruit and vegetable products produced in the EU to third countries should therefore be increased.

               (5)

               In this context it is appropriate to offer trade organisations representing the fresh fruit and vegetable sector the opportunity to benefit from EU part-financing under Regulation (EC) No 3/2008, and to that end they should be allowed to submit information and promotion programmes to the competent national authorities within the next few weeks, with a view to their selection and possible adoption by the Commission before the end of this year. These programmes may be submitted independently of the annual timing for adopting programmes and the usual timetable laid down in Articles 8 and 11 of Commission Regulation (EC) No 501/2008 of 5 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries (2).

               (6)

               There is therefore reason to derogate, for 2011, for information and promotion programmes for fresh fruit and vegetables on the internal market and in third countries, from Regulation (EC) No 501/2008.

               (7)

               The Management Committee for the Common Organisation of Agricultural Markets has not issued an opinion within the time limit set by its Chairman,

         HAS ADOPTED THIS REGULATION:
   Article 1
   For 2011 and notwithstanding the usual annual timetable provided for in the second subparagraph of Article 8(1) and in Article 11(1) and (3) of Regulation (EC) No 501/2008, the following additional timetable shall be applied for information and promotion programmes for fresh fruit and vegetables on the internal market and in third countries:

               (a)

               the trade and inter-branch organisations representing the fresh fruit and vegetable sector may submit their programmes to the Member States by 16 August 2011;

               (b)

               Member States shall notify the Commission of the provisional list of the programmes selected by 15 September 2011;

               (c)

               the Commission shall decide which programmes it can part-finance by 15 November 2011 at the latest.

         Article 2
   This Regulation shall enter into force on the seventh 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, 18 July 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 3, 5.1.2008, p. 1.

      (2)  OJ L 147, 6.6.2008, p. 3.


title: Commission Implementing Regulation (EU) 2016/1212 of 25 July 2016 laying down implementing technical standards with regard to standard procedures and forms for submitting information in accordance with Directive 2009/65/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
                  26.7.2016

                  EN

                  Official Journal of the European Union

                  L 199/6

            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1212
      of 25 July 2016
      laying down implementing technical standards with regard to standard procedures and forms for submitting information in accordance with Directive 2009/65/EC of the European Parliament and of the Council
      (Text with EEA relevance)
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on the Functioning of the European Union,
      Having regard to Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (1), and in particular Article 99e(3) thereof,
      Whereas:

                  (1)

                  It is appropriate to set out common procedures and forms for submitting information to the European Securities and Markets Authority (ESMA) by competent authorities with regard to penalties and measures they impose as referred to in Article 99e of Directive 2009/65/EC.

                  (2)

                  In order to enable ESMA to correctly identify and register the information on penalties and measures imposed in accordance with Article 99 of Directive 2009/65/EC, it is appropriate to require competent authorities to provide it with detailed and harmonised information on penalties and measures notified.

                  (3)

                  It is necessary to avoid potential double entries and negative conflicts of competence between multiple reporting authorities within a Member State. Designating a single contact point per Member State with ESMA is the most effective and least onerous means of pursuing such objective.

                  (4)

                  With a view to including meaningful information in the annual report on penalties and measures to be published by ESMA in accordance with Article 99e(1) of Directive 2009/65/EC, competent authorities should report the information by using specific forms clearly indicating which Articles of Directive 2009/65/EC were infringed.

                  (5)

                  The reporting of administrative penalties and measures disclosed to the public in accordance with Article 99e(2) of Directive 2009/65/EC should clearly identify penalties and measures by offering sufficient details. It is therefore appropriate to set out a form to be used by competent authorities for this purpose.

                  (6)

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

                  (7)

                  ESMA did not conduct open public consultations on the draft implementing technical standards on which this Regulation is based, nor did it analyse potential related costs and benefits of introducing the standard forms and procedures for the relevant competent authorities, as this would have been disproportionate in relation to their scope and impact, taking into account that the addressees of the implementing technical standards would only be the national competent authorities of the Member States and not market participants. ESMA requested the opinion of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2),

            HAS ADOPTED THIS REGULATION:
      Article 1
      Contact points
      1.   For each Member State, competent authorities shall designate a single contact point for sending the information referred to in Articles 2 and 3 and for communications on any issue relating to the submission of such information.
      2.   Competent authorities shall notify the European Securities and Markets Authority (ESMA) of the contact point referred to in paragraph 1.
      3.   ESMA shall designate a contact point for receiving the information referred to in Article 2 and for communications on any issue relating to the reception of the information referred to in Articles 2 and 3.
      4.   ESMA shall publish the contact point referred to in paragraph 3 on its website.
      Article 2
      Annual submission of aggregated information
      Competent authorities shall provide ESMA with the information referred to in Article 99e(1) of Directive 2009/65/EC by filling in the form set out in Annex I to this Regulation.
      That information shall refer to all the penalties and measures imposed during the previous calendar year.
      The form shall be completed electronically and sent to ESMA by e-mail using the contact point referred to in Article 1(3) no later than 31 March of each year.
      Article 3
      Reporting procedures and forms
      1.   Competent authorities shall report to ESMA the administrative penalties and measures referred to in Article 99e(2) of Directive 2009/65/EC using the existing interfaces provided by the information technology system, and the related database, set up by ESMA to manage the receipt, storage and publication of information on those administrative penalties and measures in accordance with Article 99e of Directive 2009/65/EC.
      2.   The administrative penalties and measures shall be submitted to ESMA in a report file in the format set out in Annex II.
      Article 4
      Invalidation and updating of reports
      1.   Where a competent authority wishes to invalidate an existing report file it has previously submitted to ESMA in accordance with Article 3, it shall cancel the existing report and send a new report file.
      2.   Where a competent authority wishes to update an existing report file it has previously submitted to ESMA in accordance with Article 3, it shall resubmit the report file with the updated information.
      Article 5
      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.

         This Regulation shall be binding in its entirety and directly applicable in all Member States.
         Done at Brussels, 25 July 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  OJ L 302, 17.11.2009, p. 32.

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

         ANNEX I

            Form for annual submission of aggregated information regarding all penalties and measures imposed

         Text of image

            Aggregated information regarding all penalties and measures imposed by
            [name of the competent authority] in [year]
            FROM:
            Member State:
            Competent authority:
            Address:
            (Contact details of the designated contact person)
            Name:
            Telephone:
            E-mail:
            TO:
            ESMA
            (Contact details of the designated contact person)
            Name:
            Telephone:
            E-mail:
            Dear [insert appropriate name]
            In accordance with Article 99e(1) of Directive 2009/65/EC, I wish to provide you with aggregated information regarding all penalties and measures imposed by [name of the competent authority].
            Penalties:
            Article of Directive 2009/65/EC transposed by the national provisions which were infringed
            Number of penalties imposed in the reporting period
            Amount of penalties imposed in the reporting period
            [number of the article, paragraph, subparagraph]
            [number of penalties]
            [amount of penalties (*)]
            Total penalties
            [total number of penalties (†)]
            [total amount of penalties (*) (†)]
            (*) Please insert value in Euro or in national currency. If the relevant penalties refer not only to breaches relating to the relevant article of Directive 2009/65/EC, but also to other provisions, add the mention ‘AGGREGATED FIGURE’ to each value.
            (†) As penalties imposed may cover more than one legislative provision, the sum of the different lines (number of penalties/amount) may not correspond to the total number/amount of penalties imposed.

         Text of image

            Measures:
            Article of Directive 2009/65/EC transposed by the national provisions which were infringed
            Number of measures imposed in the reporting period
            [number of the article, paragraph, subparagraph]
            [number of measures]
            Total measures
            [total number of measures (†)]
            (†) As measures imposed may cover more than one legislative provision, the sum of the different number of measures may not correspond to the total number of measures imposed.
            Yours sincerely,
            [signature]

         ANNEX II

            Form for reporting administrative penalties or measures disclosed to the public

         Text of image

            Field
            Description
            Type
            Legal Framework
            The acronym of the Union legislative act under which the administrative penalty or measure has been imposed.
            Mandatory
            Member State
            The acronym of the Member State of the competent authority submitting the administrative penalty or measure
            Mandatory
            Entity Identifier
            The identification code used to uniquely identify a legal entity on which an administrative penalty or measure has been imposed.
            Mandatory
            Authority Key
            The identifier of the competent authority submitting the administrative penalty or measure
            Mandatory
            Entity Legal Framework
            The acronym of the Union legislative act that applies to the entity on which the administrative penalty or measure has been imposed.
            Mandatory
            Entity Full Name
            Full name of the entity on which the administrative penalty or measure has been imposed
            Optional
            Person Full Name
            Full name of the persons on whom an administrative penalty or measure has been imposed.
            Mandatory (for natural persons only)
            Sanctioning NCA
            The acronym of the competent authority that has imposed the administrative penalty or measure.
            Mandatory
            Free Text
            Text of the administrative penalty or measure in the main language
            Mandatory
            Free Text
            Text of the administrative penalty or measure in other language (*)
            Optional
            Date
            The date on which the administrative penalty or measure was imposed by the competent authority
            Mandatory
            Expiration date
            Date on which the administrative penalty or measure ends
            Optional
            (*) Other language could be either a language customary in the sphere of international finance or another official language of the Member State.


title: Commission Implementing Regulation (EU) No 465/2014 of 6 May 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               7.5.2014

               EN

               Official Journal of the European Union

               L 134/40

         COMMISSION IMPLEMENTING REGULATION (EU) No 465/2014
   of 6 May 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 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 6 May 2014.

            For the Commission,

            On behalf of the President,
         Jerzy PLEWA

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  37,5

                  MK

                  101,4

                  TN

                  109,1

                  TR

                  97,3

                  ZZ

                  86,3

                  0707 00 05

                  MA

                  35,6

                  MK

                  51,1

                  TR

                  125,0

                  ZZ

                  70,6

                  0709 93 10

                  MA

                  70,8

                  TR

                  113,5

                  ZA

                  31,4

                  ZZ

                  71,9

                  0805 10 20

                  EG

                  47,3

                  IL

                  73,9

                  MA

                  45,0

                  TN

                  68,6

                  TR

                  63,3

                  ZZ

                  59,6

                  0805 50 10

                  MA

                  35,6

                  TR

                  96,3

                  ZZ

                  66,0

                  0808 10 80

                  AR

                  109,1

                  BR

                  87,6

                  CL

                  115,7

                  CN

                  98,6

                  MK

                  30,8

                  NZ

                  135,5

                  US

                  158,7

                  ZA

                  111,3

                  ZZ

                  105,9

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


title: Commission Implementing Regulation (EU) No 765/2014 of 11 July 2014 concerning the classification of certain goods in the Combined Nomenclature

text:
               16.7.2014

               EN

               Official Journal of the European Union

               L 209/7

         COMMISSION IMPLEMENTING REGULATION (EU) No 765/2014
   of 11 July 2014
   concerning the classification of certain goods in the Combined Nomenclature
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1)(a) thereof,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 12(6) of Council Regulation (EEC) No 2913/92 (2). That period should be set at three months.

               (5)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 July 2014.

            For the Commission,

            On behalf of the President,

         Algirdas ŠEMETA

            Member of the Commission

      (1)  OJ L 256, 7.9.1987, p. 1.

      (2)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

      ANNEX

                  Description of the goods

                  Classification
                  (CN code)

                  Reasons

                  (1)

                  (2)

                  (3)

                  A mixture of frozen fruits consisting of (in % by weight):

                              strawberries

                              55

                              bananas

                              20

                              pineapples

                              15

                              blueberries

                              10

                        The product is put up in bags containing the frozen fruits in pieces ready to be blended in a blender.

                  0811 10 90

                  Classification is determined by the general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 0811, 0811 10 and 0811 10 90.
                  The product is a mixture of different frozen fruits. Its essential character is given by the strawberries considering that they constitute the largest proportion of the product.
                  The product is therefore to be classified under CN code 0811 10 90 as strawberries.


title: Commission Implementing Regulation (EU) 2015/2017 of 11 November 2015 laying down implementing technical standards with regard to the adjusted factors to calculate the capital requirement for currency risk for currencies pegged to the euro in accordance with Directive 2009/138/EC of the European Parliament and of the Council (Text with EEA relevance)

text:
               12.11.2015

               EN

               Official Journal of the European Union

               L 295/21

         COMMISSION IMPLEMENTING REGULATION (EU) 2015/2017
   of 11 November 2015
   laying down implementing technical standards with regard to the adjusted factors to calculate the capital requirement for currency risk for currencies pegged to the euro in accordance with Directive 2009/138/EC of the European Parliament and of the Council
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) (1), and in particular Article 109a(2)(c) thereof,
   Whereas:

               (1)

               The adjustments laid down in this Regulation take into account the detailed criteria set out in Article 188(5) of Commission Delegated Regulation (EU) 2015/35 (2).

               (2)

               In order to ensure a consistent treatment of currencies pegged to the euro in the calculation of the capital requirement for currency risk, adjusted factors should be provided for the currency risk relating to the exchange rates between the euro and currencies pegged to the euro as well as in relation to the exchange rates between two currencies pegged to the euro.

               (3)

               This Regulation is based on the draft implementing technical standards submitted by the European Insurance and Occupational Pensions Authority to the Commission.

               (4)

               The European Insurance and Occupational Pensions Authority has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Insurance and Reinsurance Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1094/2010 of the European Parliament and of the Council (3),

         HAS ADOPTED THIS REGULATION:
   Article 1
   Adjusted factors for currency risk where the local or foreign currency is the euro
   Where the local or foreign currency is the euro, for the purposes of Article 188(3) and (4) of Delegated Regulation (EU) 2015/35, the 25 % factor is replaced by:

               (a)

               0,39 % where the other currency is the Danish krone (DKK);

               (b)

               1,81 % where the other currency is the lev (BGN);

               (c)

               2,18 % where the other currency is the West African CFA franc (BCEAO) (XOF);

               (d)

               1,96 % where the other currency is the Central African CFA franc (BEAC) (XAF);

               (e)

               2,00 % where the other currency is the Comorian franc (KMF).

         Article 2
   Adjusted factors for currency risk where the local and the foreign currency are pegged to the euro
   For the purposes of Article 188(3) and (4) of Delegated Regulation (EU) 2015/35, the 25 % factor is replaced by:

               (a)

               2,24 % where the two currencies are the DKK and the BGN;

               (b)

               2,62 % where the two currencies are the DKK and the XOF;

               (c)

               2,40 % where the two currencies are the DKK and the XAF;

               (d)

               2,44 % where the two currencies are the DKK and the KMF;

               (e)

               4,06 % where the two currencies are the BGN and the XOF;

               (f)

               3,85 % where the two currencies are the BGN and the XAF;

               (g)

               3,89 % where the two currencies are the BGN and the KMF;

               (h)

               4,23 % where the two currencies are the XOF and the XAF;

               (i)

               4,27 % where the two currencies are the XOF and the KMF;

               (j)

               4,04 % where the two currencies are the XAF and the KMF.

         Article 3
   Entry into force
   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 11 November 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 335, 17.12.2009, p. 1.

      (2)  Commission Delegated Regulation (EU) 2015/35 of 10 October 2014 supplementing Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 12, 17.1.2015, p. 1).

      (3)  Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).


title: Commission Implementing Regulation (EU) No 1130/2014 of 22 October 2014 opening a tariff quota for the year 2015 for the importation into the European Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council

text:
               24.10.2014

               EN

               Official Journal of the European Union

               L 305/104

         COMMISSION IMPLEMENTING REGULATION (EU) No 1130/2014
   of 22 October 2014
   opening a tariff quota for the year 2015 for the importation into the European Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Regulation (EU) No 510/2014 of the European Parliament and of the Council
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 510/2014 of the European Parliament and of the Council of 16 April 2014 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products and repealing Council Regulations (EC) No 1216/2009 and (EC) No 614/2009 (1), and in particular Article 16(1)(a) thereof,
   Having regard to Council Decision 2004/859/EC of 25 October 2004 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (2), and in particular Article 3 thereof,
   Whereas:

               (1)

               Protocol 2 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 (3) (‘the bilateral Free trade agreement between the European Economic Community and the Kingdom of Norway’) and Protocol 3 to the EEA Agreement (4) determine the trade arrangements for certain agricultural and processed agricultural products between the Contracting Parties.

               (2)

               Protocol 3 to the EEA Agreement provides for a zero-rated duty that applies to waters containing added sugar or other sweetening matter or flavoured, classified under CN code 2202 10 00, and other non-alcoholic beverages, not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404, classified under CN code 2202 90 10.

               (3)

               The zero-rated duty for those waters and those other beverages has temporarily, for an unlimited period of time, been suspended for Norway by the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway (5) (hereinafter referred to as ‘the Agreement in the form of an Exchange of Letters’) approved by Decision 2004/859/EC. In accordance with the Agreement in the form of an Exchange of Letters, duty-free imports of goods with CN codes 2202 10 00 and ex 2202 90 10 that originate in Norway are to be allowed only within the limits of a duty-free quota. A duty is to be paid for imports that exceed the quota allocation.

               (4)

               Commission Implementing Regulation (EU) No 1322/2013 (6) provided for the temporary suspension of the duty-free regime not to be applied to imports into the Union of those waters and beverages from 1 January to 31 December 2014, thus granting those goods unlimited duty free access to the Union.

               (5)

               The tariff quota for those waters and beverages for 2015 is to be opened in accordance with the Agreement in the Form of an Exchange of Letters. The last annual quota for those products was opened for 2013 by Commission Implementing Regulation (EU) No 1085/2012 (7).As no annual quota was opened for 2014, it is appropriate to set the quota volume for 2015 at the same level as for 2013.

               (6)

               Commission Regulation (EEC) No 2454/93 (8) lays down rules for managing tariff quotas. The tariff quota opened by this Regulation should be managed in accordance with those rules.

               (7)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I,

         HAS ADOPTED THIS REGULATION:
   Article 1
   1.   From 1 January to 31 December 2015, the duty free tariff quota set out in the Annex will be open for goods originating in Norway which are listed in that Annex, under the conditions specified therein.
   2.   The rules of origin laid down in Protocol 3 to the Agreement between the European Economic Community and the Kingdom of Norway of 14 May 1973 shall apply to the goods listed in the Annex to this Regulation.
   3.   For quantities imported above the quota volume, a preferential duty of 0,047 EUR/litre shall apply.
   Article 2
   The Union tariff quota referred to in Article 1(1) shall be managed by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
   Article 3
   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 2015.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 October 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 150, 20.5.2014, p. 1.

      (2)  OJ L 370, 17.12.2004, p. 70.

      (3)  OJ L 171, 27.6.1973, p. 2.

      (4)  OJ L 1, 3.1.1994, p. 3.

      (5)  OJ L 370, 17.12.2004, p. 72.

      (6)  Commission Implementing Regulation (EU) No 1322/2013 of 11 December 2013 on the granting of unlimited duty-free access to the Union for 2014 to certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 1216/2009 (OJ L 333, 12.12.2013, p. 68).

      (7)  Commission Implementing Regulation (EU) No 1085/2012 of 20 November 2012 opening the tariff quota for the year 2013 for the importation into the European Union of certain goods originating in Norway resulting from the processing of agricultural products covered by Council Regulation (EC) No 1216/2009 (OJ L 322, 21.11.2012, p. 2).

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

      ANNEX
      Duty free tariff quota for 2015 applicable to imports into the Union of certain goods originating in Norway

                  Order No

                  CN code

                  Description of goods

                  Quota Volume

                  09.0709

                  2202 10 00

                              —

                              Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

                  17,303 million litres

                  ex 2202 90 10

                              —

                              Other non-alcoholic beverages containing sugar (sucrose or invert sugar)


title: Commission Implementing Regulation (EU) No 1354/2013 of 17 December 2013 excluding ICES Subdivisions 27 and 28.2 from certain fishing effort limitations for 2014, pursuant to Council Regulation (EC) No 1098/2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks

text:
               18.12.2013

               EN

               Official Journal of the European Union

               L 341/34

         COMMISSION IMPLEMENTING REGULATION (EU) No 1354/2013
   of 17 December 2013
   excluding ICES Subdivisions 27 and 28.2 from certain fishing effort limitations for 2014, pursuant to Council Regulation (EC) No 1098/2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1098/2007 of 18 September 2007 establishing a multiannual plan for the cod stocks in the Baltic Sea and the fisheries exploiting those stocks, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 779/97 (1), and in particular Article 29(2) thereof,
   Whereas:

               (1)

               Provisions for setting fishing effort limitations for the cod stocks in the Baltic Sea are set out in Regulation (EC) No 1098/2007.

               (2)

               On the basis of Regulation (EC) No 1098/2007, Annex II to Council Regulation (EU) No 1180/2013 (2) has established fishing effort limitations for 2014 in the Baltic Sea.

               (3)

               According to Article 29(2) of Regulation (EC) No 1098/2007, the Commission may exclude ICES Subdivisions 27 and 28.2 from the scope of certain fishing effort limitations when the catches of cod were below a certain threshold in the last reporting period.

               (4)

               Taking into account the reports submitted by Member States and the advice from the Scientific, Technical and Economic Committee for Fisheries, ICES Subdivisions 27 and 28.2 should be excluded in 2014 from the scope of those fishing effort limitations.

               (5)

               Regulation (EU) No 1180/2013 will apply from 1 January 2014. In order to ensure coherence with that Regulation, this Regulation should also apply from 1 January 2014.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The provisions of Article 8(1)(b), (3), (4) and (5) of Regulation (EC) No 1098/2007 shall not apply to ICES Subdivisions 27 and 28.2 in the year 2014.
   Article 2
   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2014.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 17 December 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 248, 22.9.2007, p. 1.

      (2)  Council Regulation (EU) No 1180/2013 of 19 November 2013 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (OJ L 313, 22.11.2013, p. 4).


title: Commission Implementing Regulation (EU) No 969/2012 of 19 October 2012 establishing the standard import values for determining the entry price of certain fruit and vegetables

text:
               20.10.2012

               EN

               Official Journal of the European Union

               L 290/9

         COMMISSION IMPLEMENTING REGULATION (EU) No 969/2012
   of 19 October 2012
   establishing the standard import values for determining the entry price of certain fruit and vegetables
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),
   Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,
   Whereas:

               (1)

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

               (2)

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

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

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 19 October 2012.

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

            Director-General for Agriculture and Rural Development

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

      (2)  OJ L 157, 15.6.2011, p. 1.

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

                  (EUR/100 kg)

                  CN code

                  Third country code (1)

                  Standard import value

                  0702 00 00

                  MA

                  67,8

                  MK

                  39,0

                  ZZ

                  53,4

                  0707 00 05

                  MK

                  30,8

                  TR

                  133,0

                  ZZ

                  81,9

                  0709 93 10

                  TR

                  116,6

                  ZZ

                  116,6

                  0805 50 10

                  AR

                  87,1

                  CL

                  97,2

                  TR

                  89,8

                  ZA

                  92,9

                  ZZ

                  91,8

                  0806 10 10

                  BR

                  277,7

                  MK

                  80,9

                  TR

                  149,0

                  ZZ

                  169,2

                  0808 10 80

                  AR

                  216,2

                  MK

                  29,8

                  NZ

                  139,3

                  US

                  143,5

                  ZA

                  93,1

                  ZZ

                  124,4

                  0808 30 90

                  CN

                  92,8

                  TR

                  113,5

                  ZZ

                  103,2

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


title: Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 laying down requirements on aircraft identification for surveillance for the single European sky Text with EEA relevance

text:
               23.11.2011

               EN

               Official Journal of the European Union

               L 305/23

         COMMISSION IMPLEMENTING REGULATION (EU) No 1206/2011
   of 22 November 2011
   laying down requirements on aircraft identification for surveillance for the single European sky
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning the European Union,
   Having regard to Regulation (EC) No 552/2004 of the European Parliament and of the Council of 10 March 2004 on the interoperability of the European Air traffic Management Network (the interoperability Regulation) (1) and in particular Article 3(5) thereof,
   Whereas:

               (1)

               The Commission has issued a mandate to Eurocontrol in accordance with Article 8(1) of Regulation (EC) No 549/2004 of the European Parliament and the Council of 10 March 2004 laying down the framework for the creation of the single European sky (the framework Regulation) (2) to develop requirements for the performance and the interoperability of surveillance within the European air traffic management network (EATMN). This Regulation is based on the resulting mandate report of 9 July 2010.

               (2)

               Individual aircraft identification should be established in accordance with the International Civil Aviation Organisation (ICAO) procedures before air traffic services using a surveillance system are provided for the aircraft.

               (3)

               Seamless operations dependon the unambiguous and continuous identification of individual aircraft operating as general air traffic under instrument flight rules throughout the airspace of the single European sky.

               (4)

               The current method for identifying individual aircraft uses discrete secondary surveillance radar transponder codes ("SSR codes" – ), assigned in accordance with ICAO procedures and the air navigation plan for the European region.

               (5)

               Traffic growth over the last decade has resulted in a routine lack of available discrete SSR codes to meet demand during peak periods, and so individual aircraft identification in European airspace cannot currently be guaranteed.

               (6)

               An initial operational capability to use the downlinked aircraft identification feature should be deployed in a harmonised manner within a defined volume of airspace of the single European sky in order to reduce the overall demand for discrete SSR code assignments to achieve individual aircraft identification.

               (7)

               In order to optimise the availability of discrete SSR codes, improved and harmonised capabilities for the automatic assignment of SSR codes to aircraft should be deployed by those air navigation service providers that will not have a capability to use the downlinked aircraft identification feature.

               (8)

               A capability to use the downlinked aircraft identification feature throughout the airspace of the single European sky should be deployed in order to overcome the need for discrete SSR codes to identify general air traffic operating under instrument flight rules.

               (9)

               A reduction in the requirement for discrete SSR code assignments when using the downlinked aircraft identification feature - can best be achieved by the integrated initial flight plan processing system identifying those flights that are eligible for the assignment of an agreed conspicuity code and on air navigation service providers assigning the agreed conspicuity code to those eligible flights when identification using the downlinked aircraft identification feature is successful.

               (10)

               The downlinked aircraft identification feature can only be used to achieve individual aircraft identification where air navigation service providers deploy appropriate surveillance sensors, surveillance data processing and distribution system functionality, flight data processing system functionality, air-to-ground and ground-to-ground communications, controller display functionality, and provide for procedures and personnel training.

               (11)

               The degree to which air navigation service providers can actually employ the capability to use the downlinked aircraft identification feature to reduce the requirement for the assignment of discrete SSR codes is dependent on the level of equipage of aircraft with the downlinked aircraft identification feature, on the extent that the routes of those aircraft are within contiguous coverage of systems providing the capability, and on the overarching requirement to ensure efficient and safe operations.

               (12)

               Warnings of the unintentional duplication of SSR code assignments to more than one aircraft should be provided to controllers in order to prevent the potential misidentification of aircraft.

               (13)

               The uniform application of specific procedures within the airspace of the single European sky is critical for the achievement of interoperability and seamless operations.

               (14)

               All changes to facilities and services that are made as a result of the implementation of this Regulation should be reflected by Member States in the ICAO European Air Navigation Plan through the normal procedure for amendment.

               (15)

               This Regulation should not cover military operations and training as referred in Article 1(2) of Regulation (EC) No 549/2004.

               (16)

               With a view to maintaining or enhancing existing safety levels of operations, Member States should be required to ensure that the parties concerned conduct a safety assessment including hazard identification, risk assessment and mitigation processes. Harmonised implementation of these processes to the systems covered by this Regulation requires the identification of specific safety requirements for all interoperability and performance requirements.

               (17)

               In accordance with Regulation (EC) No 552/2004, implementing rules for interoperability should describe the specific conformity assessment procedures to be used to assess either the conformity or the suitability for use of constituents as well as the verification of systems.

               (18)

               In the case of air traffic services provided primarily to aircraft flying as general air traffic under military supervision, procurement constraints could prevent compliance with this Regulation.

               (19)

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

         HAS ADOPTED THIS REGULATION:
   Article 1
   Subject matter
   This Regulation lays down requirements for the systems contributing to the provision of surveillance information, their constituents and associated procedures in order to ensure the unambiguous and continuous individual identification of aircraft within the EATMN.
   Article 2
   Scope
   1.   This Regulation shall apply to the surveillance chain constituted of:

               (a)

               airborne constituents of surveillance systems and their associated procedures;

               (b)

               ground-based surveillance systems, their constituents and associated procedures;

               (c)

               systems and procedures for air traffic services, in particular flight data processing systems, surveillance data processing systems and human machine interface systems;

               (d)

               ground-to-ground and air-to-ground communication systems, their constituents and associated procedures used for the distribution of surveillance data.

         2.   This Regulation shall apply to all flights operating as general air traffic in accordance with instrument flight rules within the airspace defined in Article 1(3) of Regulation (EC) No 551/2004 of the European Parliament and of the Council (3).
   Article 3
   Definitions
   For the purpose of this Regulation, the definitions in Article 2 of Regulation (EC) No 549/2004 shall apply.
   The following definitions shall also apply:

               (1)

               ‘aircraft identification’ means a group of letters, figures or a combination thereof which is either identical to, or the coded equivalent of, the aircraft call sign to be used in air-ground communications, and which is used to identify the aircraft in ground-ground air traffic services communications;

               (2)

               ‘SSR code’ means one of the 4 096 secondary surveillance radar identity codes that can be transmitted by airborne constituents of surveillance systems;

               (3)

               ‘discrete SSR code’ means a four-digit secondary surveillance radar identity code with the last two digits not being “00”;

               (4)

               ‘downlinked aircraft identification’ means the aircraft identification transmitted by airborne constituents of surveillance systems via an air-to-ground surveillance system;

               (5)

               ‘conspicuity code’ means an individual SSR code designated for special purposes;

               (6)

               ‘over-flight’ means a flight that enters defined airspace from an adjacent sector, then transits across the defined airspace and exits the defined airspace into an adjacent sector outside;

               (7)

               ‘arriving flight’ means a flight that enters defined airspace from an adjacent sector, then transits across the defined airspace and lands at a destination within the defined airspace;

               (8)

               ‘departing flight’ means a flight that originates at an aerodrome within defined airspace, then transits across the defined airspace and either lands at an aerodrome within the defined airspace or exits the defined airspace into an adjacent sector outside;

               (9)

               ‘operator’ means a person, organisation or enterprise engaged in or offering to engage in an aircraft operation;

               (10)

               ‘code allocation list’ means a document specifying the overall distribution of SSR codes to Member States and air traffic service (ATS) units that has been agreed by Member States and published in the air navigation plan for the ICAO European Region;

               (11)

               ‘co-operative surveillance chain’ means a surveillance chain requiring both ground and airborne components to determine surveillance data items;

               (12)

               ‘integrated initial flight plan processing system’ means a system within the European Air Traffic Management Network through which a centralised flight planning processing and distribution service, dealing with the reception, validation and distribution of flight plans, is provided within the airspace covered by this Regulation.

         Article 4
   Performance requirements
   1.   Member States responsible for the provision of air traffic services in the airspace defined in Annex I shall ensure that a capability is implemented to be able to establish individual aircraft identification using downlinked aircraft identification for:

               (a)

               at least 50 % of all over-flights of the defined airspace of the individual Member State and;

               (b)

               at least 50 % of the combined total number of all arriving flights and departing flights within the defined airspace of the individual Member State.

         2.   Air navigation service providers shall ensure that, at the latest, by 2 January 2020, the cooperative surveillance chain has the necessary capability to allow them to establish individual aircraft identification using the downlinked aircraft identification feature.
   3.   Air navigation service providers establishing individual aircraft identification using the downlinked aircraft identification feature shall ensure that they comply with the requirements laid down in Annex II.
   4.   Air navigation service providers establishing individual aircraft identification using discrete SSR codes outside of the airspace defined in Annex I shall ensure that they comply with the requirements laid down in Annex III.
   5.   Air navigation service providers shall ensure that:

               (a)

               systems referred to in points (b), (c) and (d) of Article 2(1) are deployed as necessary to support the requirements laid down in paragraphs 3 and 4 of this Article;

               (b)

               systems or procedures referred to in points (b), (c) and (d) of Article 2(1) are deployed as necessary to inform controllers when SSR code assignments are unintentionally duplicated.

         6.   Member States shall ensure that:

               (a)

               volumes of airspace are declared to the centralised flight planning processing and distribution service referred to in point (1) of Annex II to support the requirements of paragraphs 1 and 2 of this Article and point (b) of this paragraph;

               (b)

               the integrated initial flight plan processing system communicates to all affected air navigation service providers those flights that are eligible for the use of the conspicuity code referred to in point (c);

               (c)

               a single conspicuity code is agreed by all Member States and coordinated with European third countries for assignment solely to aircraft where individual aircraft identification is established by using the downlinked aircraft identification feature.

         Article 5
   Safety requirements
   1.   Member States shall ensure that any changes to the existing systems referred to in points (b), (c) and (d) of Article 2(1) or the introduction of new systems are preceded by a safety assessment, including hazard identification, risk assessment and mitigation, conducted by the parties concerned.
   2.   During the assessments identified in paragraph 1, the requirements set out in Annex IV shall be taken into consideration as a minimum.
   Article 6
   Conformity or suitability for use of constituents
   Before issuing an EC declaration of conformity or suitability for use provided for in Article 5 of Regulation (EC) No 552/2004, manufacturers of constituents of the systems referred to in Article 2(1) of this Regulation or their authorised representatives established in the Union, shall assess the conformity or suitability for use of those constituents in compliance with the requirements set out in Annex V.
   However, certification processes complying with Regulation (EC) No 216/2008 of the European Parliament and of the Council (4), shall be considered as acceptable procedures for the conformity assessment of constituents if they include the demonstration of compliance with the applicable performance and safety requirements of this Regulation.
   Article 7
   Verification of systems
   1.   Air navigation service providers which can demonstrate or have demonstrated that they fulfil the conditions set out in Annex VI shall conduct a verification of the systems referred to in points (b), (c) and (d) of Article 2(1) in compliance with the requirements set out in Part A of Annex VII.
   2.   Air navigation service providers which cannot demonstrate that they fulfil the conditions set out in Annex VI shall sub-contract to a notified body a verification of the systems referred to in points (b), (c) and (d) of Article 2(1) This verification shall be conducted in compliance with the requirements set out in Part B of Annex VII.
   3.   Certification processes complying with Regulation (EC) No 216/2008 shall be considered as acceptable procedures for the verification of systems if they include the demonstration of compliance with the applicable performance and safety requirements of this Regulation.
   Article 8
   Additional requirements for air navigation service providers
   1.   Air navigation service providers shall ensure that all personnel concerned are made duly aware of the requirements laid down in this Regulation and that they are adequately trained for their job functions.
   2.   Air navigation service providers shall:

               (a)

               develop and maintain operations manuals containing the necessary instructions and information to enable all related personnel to apply this Regulation;

               (b)

               ensure that the manuals referred to in point (a) are accessible and kept up-to-date and that their update and distribution are subject to appropriate quality and documentation configuration management;

               (c)

               ensure that the working methods and operating procedures comply with this Regulation.

         Article 9
   Additional requirements for operators
   1.   Operators shall take the necessary measures to ensure that the personnel operating and maintaining surveillance equipment are made aware of the relevant provisions of this Regulation and that they are adequately trained for their job functions, and that instructions about how to use that equipment are available in the cockpit.
   2.   Operators shall take the necessary measures to ensure that the downlinked aircraft identification feature is provided on aircraft when operationally required as set out in Article 4(1) and (2).
   3.   Operators shall ensure that the setting of the downlinked aircraft identification feature referred to in paragraph 4 complies with item 7 ‘aircraft identification’ of the flight plan referred to in point 2 of the Annex to Commission Regulation (EC) No 1033/2006 (5).
   4.   Operators of those aircraft having the capability to change the downlinked aircraft identification feature referred to in paragraph 2 when airborne shall ensure that the downlinked aircraft identification feature is not changed during the flight unless requested by the air navigation service provider.
   Article 10
   Additional requirements for Member States
   Member States shall ensure compliance with this Regulation including the publication of relevant information in the national aeronautical information publications.
   Article 11
   Exemptions
   1.   For the specific case of approach areas where air traffic services are provided by military units or under military supervision and when procurement constraints prevent compliance with Article 4(2), Member States shall communicate to the Commission by 31 December 2017 at the latest, the date of compliance with downlinked aircraft identification that shall not be later than 2 January 2025.
   2.   Following consultation with the Network Manager and not later than 31 December 2018, the Commission may review the exemptions communicated under paragraph 1 that could have a significant impact on the EATMN.
   Article 12
   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 9 February 2012.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 22 November 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 96, 31.3.2004, p. 26.

      (2)  OJ L 96, 31.3.2004, p. 1.

      (3)  OJ L 96, 31.3.2004, p. 20.

      (4)  OJ L 79, 19.3.2008, p. 1.

      (5)  OJ L 186, 7.7.2006, p. 46.

      ANNEX I

         Airspace referred to in Article 4(1) and (4)

      The airspace referred to in Article 4(1) and (4) shall include the following Flight Information Regions (FIR) and Upper Flight information Regions (UIR):

                  1)

                  Wien FIR;

                  2)

                  Praha FIR;

                  3)

                  Brussels FIR/UIR;

                  4)

                  Bordeaux, Brest, Marseille, Paris and Reims FIRs, and the France UIR;

                  5)

                  Bremen, Langen and Munchen FIRs, and Hannover and Rhein UIRs;

                  6)

                  Athinai FIR and Hellas UIR;

                  7)

                  Budapest FIR;

                  8)

                  Brindisi FIR/UIR, Milano FIR/UIR and Roma FIR/UIR;

                  9)

                  Amsterdam FIR;

                  10)

                  Bucharest FIR.

      ANNEX II

         Performance requirements referred to in Article 4(3)

                  1.

                  Airspace volumes where individual aircraft identification is established using the downlinked aircraft identification feature shall be declared to the centralised flight planning processing and distribution service for input into the integrated initial flight plan processing system.

                  2.

                  Except when one of the conditions set out in point (3) apply, the conspicuity code established in accordance with point (c) of Article 4(6) shall be assigned to departing aircraft or to aircraft for which, in accordance with point 6, a code change is required, where the following conditions apply:

                              (a)

                              the downlinked aircraft identification matches the corresponding entry in the flight plan for that aircraft;

                              (b)

                              the integrated initial flight plan processing system has communicated that the aircraft is eligible for the assignment of the conspicuity code.

                  3.

                  The conspicuity code shall not be assigned to aircraft referred to in point (2) if any of the following conditions apply:

                              (a)

                              contingency measures that require the assignment of discrete SSR codes to aircraft have been put in place by an air navigation service provider experiencing unplanned ground surveillance sensor outages;

                              (b)

                              exceptional military contingency measures require air navigation service providers to assign discrete SSR codes to aircraft;

                              (c)

                              an aircraft which is eligible for the assignment of the conspicuity code established in accordance with point (c) of Article 4(6) exits or is otherwise diverted outside the airspace volume referred to in point (1).

                  4.

                  Aircraft that are not assigned the conspicuity code established in accordance with point (c) of Article 4(6) shall be assigned an SSR code that is in compliance with a code allocation list agreed by Member States and coordinated with European third countries.

                  5.

                  When an SSR code has been assigned to an aircraft, a check shall be made at the earliest opportunity to confirm that the SSR code set by the pilot is identical to that assigned to the flight.

                  6.

                  SSR codes assigned to aircraft being transferred from air navigation service providers in neighbouring States shall be automatically checked to see if the assignments can be retained in compliance with a code allocation list agreed by Member States and coordinated with European third countries.

                  7.

                  Formal arrangements with the following minimum content shall be established with neighbouring air navigation service providers that are establishing individual aircraft identification by using discrete SSR codes:

                              (a)

                              an obligation on the neighbouring air navigation service providers to transfer aircraft with verified discrete SSR codes assigned in compliance with a code allocation list agreed by Member States and coordinated with European third countries;

                              (b)

                              an obligation to notify accepting units about any observed irregularity in the operation of airborne constituents of surveillance systems.

      ANNEX III

         Performance requirements referred to in Article 4(4)

      Individual systems used for the assignment of SSR codes shall have the following functional capabilities:

                  (a)

                  SSR codes shall be automatically assigned to aircraft in compliance with a code allocation list agreed by Member States and coordinated with European third countries;

                  (b)

                  SSR codes assigned to aircraft being transferred from air navigation service providers in neighbouring States shall be checked to see if the assignments can be retained in compliance with a code allocation list agreed by Member States and coordinated with European third countries;

                  (c)

                  SSR codes shall be classified into different categories to allow for differentiated code assignment;

                  (d)

                  SSR codes from the different categories referred to in point (c) shall be assigned according to the directions of flights;

                  (e)

                  multiple simultaneous assignments of the same SSR code shall be made to flights operating in conflict-free directions.

      ANNEX IV

         Requirements referred to in Article 5

                  1.

                  The performance requirements specified in Article 4(3), (4), (5)(b) and (6).

                  2.

                  The additional requirements specified in Article 9(1), (2), (3) and (4).

      ANNEX V

         Requirements for the assessment of the conformity or suitability for use of constituents referred to in Article 6

                  1.

                  The verification of compliance activities shall demonstrate the conformity or suitability for use of constituents with the applicable requirements of this Regulation whilst these constituents are in operation in the test environment.

                  2.

                  The manufacturer shall manage the conformity assessment activities and shall in particular:

                              (a)

                              determine the appropriate test environment;

                              (b)

                              verify that the test plan describes the constituents in the test environment;

                              (c)

                              verify that the test plan provides full coverage of applicable requirements;

                              (d)

                              ensure the consistency and quality of the technical documentation and the test plan;

                              (e)

                              plan the test organisation, staff, installation and configuration of the test platform;

                              (f)

                              perform the inspections and tests in accordance with the test plan;

                              (g)

                              write the report presenting the results of inspections and tests.

                  3.

                  The manufacturer shall ensure that the constituents referred to in Article 6, integrated in the test environment meet the applicable requirements of this Regulation.

                  4.

                  Upon satisfying completion of verification of conformity or suitability for use, the manufacturer shall under its responsibility draw up the EC declaration of conformity or suitability for use, specifying notably the applicable requirements of this Regulation met by the constituent and its associated conditions of use in accordance with point (3) of Annex III to Regulation (EC) No 552/2004.

      ANNEX VI

         Conditions referred to in Article 7(1) and (2)

                  1.

                  The air navigation service provider must have in place reporting methods within the organisation which ensure and demonstrate impartiality and independence of judgement in relation to the verification activities.

                  2.

                  The air navigation service provider must ensure that the personnel involved in verification processes, carry out the checks with the greatest possible professional integrity and the greatest possible technical competence and are free of any pressure and incentive, in particular of a financial type, which could affect their judgment or the results of their checks, in particular from persons or groups of persons affected by the results of the checks.

                  3.

                  The air navigation service provider must ensure that the personnel involved in verification processes, have access to the equipment that enables them to properly perform the required checks.

                  4.

                  The air navigation service provider must ensure that the personnel involved in verification processes, have sound technical and vocational training, satisfactory knowledge of the requirements of the verifications they have to carry out, adequate experience of such operations, and the ability required to draw up the declarations, records and reports to demonstrate that the verifications have been carried out.

                  5.

                  The air navigation service provider must ensure that the personnel involved in verification processes, are able to perform their checks with impartiality. Their remuneration shall not depend on the number of checks carried out, or on the results of such checks.

      ANNEX VII
      PART A

         Requirements for the verification of systems referred to in Article 7(1)

                  1.

                  The verification of systems identified in points (b), (c) and (d) of Article 2(1) (shall demonstrate the compliance of those systems with the performance and safety requirements of this Regulation in an assessment environment that reflects the operational context of those systems.

                  2.

                  The verification of systems identified in points (b), (c) and (d) of Article 2(1) shall be conducted in accordance with appropriate and recognised testing practices.

                  3.

                  Test tools used for the verification of systems identified in points (b), (c) and (d) of Article 2(1) shall have appropriate functionalities.

                  4.

                  The verification of systems identified in points (b), (c) and (d) of Article 2(1) shall produce the elements of the technical file required by point (3) of Annex IV to Regulation (EC) No 552/2004 including the following elements:

                              (a)

                              description of the implementation;

                              (b)

                              the report of inspections and tests achieved before putting the system into service.

                  5.

                  The air navigation service provider shall manage the verification activities and shall in particular:

                              (a)

                              determine the appropriate operational and technical assessment environment reflecting the operational environment;

                              (b)

                              verify that the test plan describes the integration of systems identified in points (b), (c) and (d) of Article 2(1) in an operational and technical assessment environment;

                              (c)

                              verify that the test plan provides full coverage of the applicable performance and safety requirements of this Regulation;

                              (d)

                              ensure the consistency and quality of the technical documentation and the test plan;

                              (e)

                              plan the test organisation, staff, installation and configuration of the test platform;

                              (f)

                              perform the inspections and tests as specified in the test plan;

                              (g)

                              write the report presenting the results of inspections and tests.

                  6.

                  The air navigation service provider shall ensure that the systems identified in points (b), (c) and (d) of Article 2(1) operated in an operational assessment environment meet the performance and safety requirements of this Regulation.

                  7.

                  Upon satisfying completion of verification of compliance, air navigation service providers shall draw up the EC declaration of verification of systems and submit it to the national supervisory authority together with the technical file as required by Article 6 of Regulation (EC) No 552/2004.

            PART B

         Requirements for the verification of systems referred to in Article 7(2)

                  1.

                  The verification of systems identified in points (b), (c) and (d) of Article 2(1) shall demonstrate the compliance of those systems with the performance and safety requirements of this Regulation in an assessment environment that reflects the operational context of these systems.

                  2.

                  The verification of systems identified in points (b), (c) and (d) of Article 2(1) shall be conducted in accordance with appropriate and recognised testing practices.

                  3.

                  Test tools used for the verification of systems identified in points (b), (c) and (d) of Article 2(1) shall have appropriate functionalities.

                  4.

                  The verification of systems identified in points (b), (c) and (d) of Article 2(1) shall produce the elements of the technical file required by point (3) of Annex IV to Regulation (EC) No 552/2004 including the following elements:

                              (a)

                              description of the implementation;

                              (b)

                              the report of inspections and tests achieved before putting the system into service.

                  5.

                  The air navigation service provider shall determine the appropriate operational and technical assessment environment reflecting the operational environment and shall have verification activities performed by a notified body.

                  6.

                  The notified body shall manage the verification activities and shall in particular:

                              (a)

                              verify that the test plan describes the integration of systems identified in points (b), (c) and (d) of Article 2(1) in an operational and technical assessment environment;

                              (b)

                              verify that the test plan provides full coverage of the applicable performance and safety requirements of this Regulation;

                              (c)

                              ensure the consistency and quality of the technical documentation and the test plan;

                              (d)

                              plan the test organisation, staff, installation and configuration of the test platform;

                              (e)

                              perform the inspections and tests as specified in the test plan;

                              (f)

                              write the report presenting the results of inspections and tests.

                  7.

                  The notified body shall ensure that the systems identified in points (b), (c) and (d) of Article 2(1) operated in an operational assessment environment meet the performance and safety requirements of this Regulation.

                  8.

                  Upon satisfying completion of verification tasks, the notified body shall draw up a certificate of conformity in relation to the tasks it carried out.

                  9.

                  Then, the air navigation service provider shall draw up the EC declaration of verification of system and submit it to the national supervisory authority together with the technical file as required by Article 6 of Regulation (EC) No 552/2004.